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Contents Federal Register Vol. 62, No. 144
Monday, July 28, 1997
Agricultural Marketing Service Drug Enforcement Administration RULES NOTICES Fresh cut flowers and fresh cut greens promotion and Applications, hearings, determinations, etc.: information order; assessment removal, 40255–40257 Lonza Riverside, 40374 PROPOSED RULES Radian International LLC, 40374 Pears (winter) grown in Oregon et al., 40310–40312 Research Triangle Institute, 40375 Raisins produced from grapes grown in California, 40312– 40315 Education Department NOTICES RULES Agency information collection activities: Direct grant programs: Proposed collection; comment request, 40330–40331 EDGAR criteria, etc., 40422–40425 NOTICES Agriculture Department Agency information collection activities: See Agricultural Marketing Service Submission for OMB review; comment request, 40337– See Forest Service 40338 RULES Organization, functions, and authority delegations: Energy Department Under Secretary for Farm and Foreign Agricultural See Federal Energy Regulatory Commission Services et al., 40253–40255 NOTICES Energy and Water Development Appropriations Act, 1997; Army Department implementation: See Engineers Corps Contractor reporting requirements; veterans employment NOTICES report; annual submission, 40338 Environmental statements; availability, etc.: Pine Bluff Arsenal, AR; chemical agent demilitarization Engineers Corps facility construction and operation, 40336 RULES Danger zones and restricted areas: Pacific Ocean waters north of Naval Air Weapons Station, Coast Guard Point Mugu, Ventura County, CA, 40278–40279 RULES NOTICES Merchant marine officers and seamen: Environmental statements; notice of intent: Licensing and documentation of personnel serving on Atlantic Coast of Long Island, NY; storm damage U.S. seagoing vessels protection reformation study, 40336–40337 Correction, 40281 Ports and waterways safety: Environmental Protection Agency Delaware Bay and River; regulated navigation area, 40273–40276 RULES Naval Air Station Whidbey Island Air Show, WA; safety Air quality implementation plans; approval and zone, 40276–40278 promulgation; various States; air quality planning Towing vessels; navigation safety equipment purposes; designation of areas: requirements, 40270–40273 Ohio et al., 40280–40281 NOTICES Vocational rehabilitation and education: Federal regulatory review: Veterans education— Reinvention pilot programs— Training by independent study, including television; OSi Specialties, Inc., 40349 approval, 40279–40280 Meetings: Clean Air Act Advisory Committee, 40349–40350 Commerce Department See Export Administration Bureau Export Administration Bureau See Foreign-Trade Zones Board NOTICES See International Trade Administration Export privileges, actions affecting: See National Oceanic and Atmospheric Administration Roessl, William A., 40331–40332
Defense Department Federal Aviation Administration See Army Department RULES See Engineers Corps Airworthiness directives: RULES Avco Lycoming et al., 40262–40264 Vocational rehabilitation and education: British Aerospace, 40267–40269 Veterans education— Industrie Aeronautiche e Meccaniche Rinaldo Piaggio Training by independent study, including television; S.p.A, 40264–40266 approval, 40279–40280 Saab, 40266–40267 IV Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Contents
Federal Communications Commission Federal Reserve System RULES RULES Radio services, special: Securities credit transactions; OTC margin stocks list Aviation and maritime services— (Regulations G, T, U, and X), 40257–40262 Communications capabilities improvement, 40281– 40308 Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Common carrier services: Endangered and threatened species: Competitive access providers and local exchange carriers; Illinois cave amphipod, 40319–40325 complete detariffing Keck’s checker mallow, 40325–40329 Correction, 40319 NOTICES Food and Drug Administration Common carrier services: NOTICES Telecommunications Act of 1996; implementation— Meetings: LATA boundaries to provide expanded local calling Interaction between the Food and Drug Administration service (ELCS) at various locations; limited and the Florida Department of Agriculture and modification petitions, 40350–40356 Consumer Services; public workshop, 40358
Federal Deposit Insurance Corporation Foreign-Trade Zones Board NOTICES NOTICES Agency information collection activities: Applications, hearings, determinations, etc.: Proposed collection; comment request, 40356 West Virginia, 40332–40333 Meetings; Sunshine Act, 40356–40357 Toyota Motor Manufacturing West Virginia, Inc.; auto engine manufacturing plant, 40333 Federal Emergency Management Agency NOTICES Forest Service Disaster and emergency areas: NOTICES Michigan, 40357 Meetings: Texas, 40357 Intergovernmental Advisory Committee, 40331 Health and Human Services Department Federal Energy Regulatory Commission See Food and Drug Administration NOTICES See Health Resources and Services Administration Electric rate and corporate regulation filings: See Substance Abuse and Mental Health Services Western Resources, Inc., et al., 40347–40349 Administration Applications, hearings, determinations, etc.: Algonquin LNG, Inc., 40338 Health Resources and Services Administration Alternative Current Power Group, 40338–40339 NOTICES ANR Pipeline Co. et al., 40339 Competitive grants preview; availability, 40358–40366 Caprock Pipeline Co., 40339 Grants and cooperative agreements; availability, etc.: Citizens Power L.L.C., et al., 40340 Girl neighborhood power partners programs, 40366– Commonwealth Electric Co. et al., 40340 40369 East Tennessee Natural Gas Co., 40340 Empire District Electric Co., 40340–40341 Housing and Urban Development Department Energy Dynamics, Inc., 40341 NOTICES Entergy Power Marketing, Corp., 40341 Grants and cooperative agreements; availability, etc.: Florida Gas Transmission Co., 40341–40342 Homeownership zones program; correction, 40370–40372 KN Wattenberg Transmission Ltd. Liability Co., 40342 Koch Gateway Pipeline Co., 40342 Interior Department Midwestern Gas Transmission Co., 40342 See Fish and Wildlife Service Montana-Dakota Utilities Co., 40342–40343 See Land Management Bureau Montaup Electric Co., 40343 See National Park Service New York State Electric & Gas Corp.., 40343 Northern Natural Gas Co., 40343–40344 Internal Revenue Service Northwest Pipeline Corp., 40344 Northwest Regional Transmission Association, 40344– RULES 40345 Income taxes: PanEnergy Power Services, Inc., 40345 Allocation of interest expense among expenditures Plum Street Energy Marketing, Inc., et al., 40345 Correction, 40269–40270 Puget Sound Energy, Inc., 40345–40346 Arbitrage and related restrictions on tax-exempt bonds Sierra Pacific Power Co., 40346 Correction, 40270 PROPOSED RULES Southwestern Public Service Co., 40346 Income taxes: Texas Gas Transmission Corp., 40346–40347 Inbound grantor trusts with foreign grantors Correction, 40316 Federal Maritime Commission NOTICES NOTICES Agency information collection activities: Agreements filed, etc., 40358 Proposed collection; comment request, 40401–40402 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Contents V
International Trade Administration NOTICES NOTICES Native American human remains and associated funerary Antidumping: objects: Cold-rolled and corrosion-resistant carbon steel flat Kansas State Historical Society; cultural items, 40373 products from— Kansas State Historical Society; inventory, 40372–40373 Korea, 40333–40334 Welded carbon steel standard pipes and tubes from— Nuclear Regulatory Commission India, 40334 NOTICES Countervailing duties: Applications, hearings, determinations, etc.: Fresh Atlantic salmon from— Army Department; Lake City Army Ammunition Plant, Chile, 40335 Independence, MO, 40387 Applications, hearings, determinations, etc.: Baltimore Gas & Electric Co., 40388–40389 University of— Rochester Gas & Electric Corp., 40389–40390 Virginia, 40334 Westinghouse Electric Corp., 40390–40391 Justice Department Parole Commission See Drug Enforcement Administration RULES See Parole Commission Federal prisoners; paroling and releasing, etc.: NOTICES Transfer treaty cases, 40270 Grants and cooperative agreements; availability, etc.: PROPOSED RULES Training program for staff in state and local correction Federal prisoners; paroling and releasing, etc.: agencies, 40373–40374 Regional office file disclosure, 40316–40317
Labor Department Pension Benefit Guaranty Corporation See Workers’ Compensation Programs Office NOTICES PROPOSED RULES Agency information collection activities: Privacy Act; implementation, 40406–40418 Submission for OMB review; comment request, 40391 NOTICES Grants and cooperative agreements; availability, etc.: Public Health Service Women in Apprenticeship and Nontraditional See Food and Drug Administration Occupations Act— See Health Resources and Services Administration Demonstration program, 40375–40387 See Substance Abuse and Mental Health Services Land Management Bureau Administration NOTICES Research and Special Programs Administration Oil and gas leases: NOTICES Wyoming, 40372 Hazardous materials: National Aeronautics and Space Administration Applications; exemptions, renewals, etc., 40397–40399 RULES Acquisition regulations: Securities and Exchange Commission FAR supplement (NFS); rewrite PROPOSED RULES Correction, 40308–40309 Securities: Alternative trading systems, national securities National Highway Traffic Safety Administration exchanges, foreign market activities, and related NOTICES issues; regulation of exchanges, 40316 Meetings: NOTICES Safety performance standards, research, and development Meetings; Sunshine Act, 40391 programs, 40394 Self-regulatory organizations; proposed rule changes: Motor vehicle safety standards: American Stock Exchange, Inc., et al., 40391–40394 Nonconforming vehicles— Importation eligibility; determinations, 40394–40397 Substance Abuse and Mental Health Services Administration National Oceanic and Atmospheric Administration NOTICES RULES Grant and cooperative agreement awards: Fishery conservation and management: Family Resources, Inc. & PACE/Orchard Place-Child Alaska; fisheries of Exclusive Economic Zone— Guidance, Inc., 40369–40370 Greenland turbot, 40309 Meetings: NOTICES Substance abuse and Mental Health Services Marine mammals: Administration National Advisory Council, 40370 Incidental taking; authorization letters, etc.: Vandenberg AFB, CA; Lockheed launch vehicles, Thrift Supervision Office 40335–40336 NOTICES Agency information collection activities: National Park Service Submission for OMB review; comment request, 40402– PROPOSED RULES 40403 National Park System: Safety belts; required use by all motor vehicle occupants, Transportation Department 40317–40318 See Coast Guard VI Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Contents
See Federal Aviation Administration Workers' Compensation Programs Office See National Highway Traffic Safety Administration PROPOSED RULES See Research and Special Programs Administration Federal Employees Compensation Act: File material claims; use and disclosure, 40418–40419 Treasury Department See Internal Revenue Service Separate Parts In This Issue See Thrift Supervision Office NOTICES Part II Agency information collection activities: Department of Labor and Office of Workers’ Compensation Submission for OMB review; comment request, 40399– Programs, 40406–40419 40401 Organization, functions, and authority delegations: Part III Bureau heads and Inspector General, 40401 Department of Education, 40422–40425
United States Enrichment Corporation Reader Aids NOTICES Additional information, including a list of public laws, Meetings; Sunshine Act, 40403 telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue. Veterans Affairs Department RULES Vocational rehabilitation and education: Electronic Bulletin Board Veterans education— Free Electronic Bulletin Board service for Public Law Training by independent study, including television; numbers, Federal Register finding aids, and a list of approval, 40279–40280 documents on public inspection is available on 202–275– 1538 or 275–0920. Federal Register / Vol. 62, No. 144 / Monday, July 28, 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.
7 CFR 2...... 40253 1208...... 40255 Proposed Rules: 927...... 40310 989...... 40312 12 CFR 207...... 40257 220...... 40257 221...... 40257 224...... 40257 14 CFR 39 (4 documents) ...... 40262, 40264, 40266, 40267 17 CFR Proposed Rules: 240...... 40316 20 CFR Proposed Rules: 10...... 40418 26 CFR 1 (2 documents) ...... 40269, 40270 Proposed Rules: 1...... 40316 301...... 40316 28 CFR 2...... 40270 Proposed Rules: 2...... 40316 29 CFR Proposed Rules: 70a...... 40406 71...... 40406 33 CFR 164...... 40270 165 (2 documents) ...... 40273, 40276 334...... 40278 34 CFR 75...... 40422 36 CFR Proposed Rules: 4...... 40317 38 CFR 21...... 40279 40 CFR 52...... 40280 81...... 40280 46 CFR 10...... 40281 47 CFR 0...... 40281 2...... 40281 80...... 40281 87...... 40281 Proposed Rules: Ch. I ...... 40319 48 CFR 1852...... 40308 50 CFR 679...... 40309 Proposed Rules: 17 (2 documents) ...... 40319, 40325 40253
Rules and Regulations Federal Register Vol. 62, No. 144
Monday, July 28, 1997
This section of the FEDERAL REGISTER The Commodity Promotion, Research, List of Subjects in 7 CFR Part 2 contains regulatory documents having general and Information Act of 1996, Sec. 511– applicability and legal effect, most of which Authority delegations (Government 526 (7 U.S.C. 7411–7425) which agencies). are keyed to and codified in the Code of authorizes national research and Federal Regulations, which is published under Accordingly, 7 CFR part 2 is amended promotion programs for agricultural 50 titles pursuant to 44 U.S.C. 1510. as follows: commodities as defined in the Act. The Code of Federal Regulations is sold by The Canola and Rapeseed Research, PART 2ÐDELEGATIONS OF the Superintendent of Documents. Prices of Promotion, and Consumer Information AUTHORITY BY THE SECRETARY OF new books are listed in the first FEDERAL AGRICULTURE AND GENERAL REGISTER issue of each week. Act, Sec. 531–543 (7 U.S.C. 7441–7452); the National Kiwifruit Research, OFFICERS OF THE DEPARTMENT Promotion, and Consumer Information 1. The authority citation for part 2 DEPARTMENT OF AGRICULTURE Act, Sec. 551–564 (7 U.S.C. 7461–7473); continues to read as follows: and the Popcorn Promotion, Research, Office of the Secretary and Consumer Information Act, Sec. Authority: Sec. 212(a), Pub. L. 103–354, 571–582 (7 U.S.C. 7481–7491), which 108 Stat. 3210, 7 U.S.C. 6912(a)(1); 5 U.S.C. 7 CFR Part 2 301; Reorganization Plan No. 2 of 1953, 3 authorize national research and CFR 1949–1953 Comp., p. 1024. [Docket No. HR±97±002] promotion programs for canola and rapeseed, kiwifruit, and popcorn. Subpart CÐDelegations of Authority to Revisions of Delegations of Authority The Secretary of Agriculture has the Deputy Secretary, the Under determined that these programs can be Secretaries and Assistant Secretaries AGENCY: Department of Agriculture. conducted most effectively under the ACTION: Final rule. 2. In § 2.16, paragraph (a)(3)(x) is jurisdiction of the Assistant Secretary revised to read as follows: SUMMARY: This document revises the for Marketing and Regulatory Programs and the Administrator of AMS and that § 2.16 Under Secretary for Farm and delegations of authority from the Foreign Agricultural Services. Secretary of Agriculture and general the foreign market component of these officers of the Department by delegating promotion programs can be conducted (a) * * * to the Under Secretary for Farm and most effectively under the jurisdiction (3) * * * Foreign Agricultural Services, the of the Under Secretary for Farm and (x) Plan and carry out programs and Administrator, Foreign Agricultural Foreign Agricultural Services and the activities under the foreign market Service (FAS), the Assistant Secretary Administrator of FAS. This rule amends promotion authority of: the Wheat for Marketing and Regulatory Programs, the delegations of authority of the Research and Promotion Act (7 U.S.C. and the Administrator, Agricultural United States Department of Agriculture 1292 note); the Cotton Research and Marketing Service (AMS), the authority in 7 CFR Part 2 by delegating to the Promotion Act (7 U.S.C. 2101–2118); the to administer various programs Under Secretary for Farm and Foreign Potato Research and Promotion Act (7 contained in the Federal Agriculture Agricultural Services, the Assistant U.S.C. 2611–2627): the Egg Research Improvement and Reform Act of 1996, Secretary for Marketing and Regulatory and Consumer Information Act of 1974 Pub. L. No. 104–127. It also reserves to Programs, the Administrator of FAS, (7 U.S.C. 2701–2718); the Beef Research the Secretary the authority to appoint and the Administrator of AMS, the and Information Act, as amended (7 members of research and promotion responsibility and authority for U.S.C. 2901–2918); the Wheat and boards. administering the above-described Wheat Foods Research and Nutrition programs. Education Act (7 U.S.C. 3401–3417); the EFFECTIVE DATE: July 28, 1997. Floral Research and Consumer In addition, this rule reserves to the FOR FURTHER INFORMATION CONTACT: Information Act of 1981 (7 U.S.C. 4301– Secretary the authority to appoint Barbara Bryant, Legislative Analyst, 4319); subtitle B of title I of the Dairy members of research and promotion Legislative Affairs Staff, Agricultural and Tobacco Adjustment Act of 1983 (7 boards. Marketing Service, United States U.S.C. 4501–4513); the Honey Research, Department of Agriculture, Room This rule relates to internal agency Promotion, and Consumer Information 3510—South Building, 1400 management. Therefore, pursuant to 5 Act of 1984, as amended (7 U.S.C. 4601– Independence Avenue SW, Washington, U.S.C. 553, notice of proposed 4612); the Pork Promotion, Research, DC 20250, (202) 720–3203. rulemaking and opportunity to and Consumer Information Act of 1985 SUPPLEMENTARY INFORMATION: The comment thereon are not required, and (7 U.S.C. 4801–4819); the Watermelon Federal Agriculture Improvement and this rule may be made effective less than Research and Promotion Act, as Reform Act of 1996, signed into law 30 days after publication in the Federal amended (7 U.S.C. 4901–4916); the April 4, 1996, contains the following Register. Further, since this rule relates Pecan Promotion and Research Act of new programs: to internal agency management, it is 1990 (7 U.S.C. 6001–6013); the Commodity Promotion and exempt from the provisions of E.O. Mushroom Promotion, Research, and Evaluation, Sec. 501 (7 U.S.C. 7401) 12866 and E.O. 12988. Finally, this Consumer Information Act of 1990 (7 which defines commodity promotion subject is not a rule as defined by Pub. U.S.C. 6101–6112); the Lime Research, law and provides for independent L. No. 96–354, the Regulatory Flexibility Promotion, and Consumer Information evaluation of promotion program Act, and thus, is exempt from the Act of 1990 (7 U.S.C. 6201–6212); the effectiveness. provisions of the Act. Soybean Promotion, Research, and 40254 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
Consumer Information Act of 1990 (7 Cotton Research and Promotion Act, as (xviii) Appoint members of the U.S.C. 6301–6311); the Fluid Milk amended (7 U.S.C. 2106(a)); National Pork Board established by Promotion Act of 1990 (7 U.S.C. 6401– (v) Appoint members of the Egg Board section 1619(a)(1) of the Pork 6417); the Fresh Cut Flowers and Fresh established by section 8(a) of the Egg Promotion, Research, and Consumer Cut Greens Promotion and Consumer Research and Consumer Information Act Information Act of 1985 (7 U.S.C. Information Act (7 U.S.C. 6801–6814); (7 U.S.C. 2707(a)); 4808(a)); the Sheep Promotion, Research, and (vi) Appoint members of the (xix) Appoint members of the United Information Act of 1994 (7 U.S.C. 7101– Floraboard established by section Soybean Board established by section 7111); the Commodity Promotion, 1707(1) of the Floral Research and 1969(b)(1) of the Soybean Promotion, Research, and Information Act of 1996 Consumer Information Act (7 U.S.C. Research, and Consumer Information (7 U.S.C. 7411–7425); the Canola and 4306(1)); Act (7 U.S.C. 6304(b)); Rapeseed Research, Promotion, and (vii) Appoint members of the Honey (xx) Appoint members of the National Consumer Information Act (7 U.S.C. Board established by section 7(c)(1) of Sheep Promotion, Research, and 7441–7452); the National Kiwifruit the Honey Research, Promotion, and Information Board established by Research, Promotion, and Consumer Consumer Information Act, as amended section 5(b) of the Sheep Promotion, Information Act (7 U.S.C. 7461–7473); (7 U.S.C. 4606(c)); Research, and Information Act (7 U.S.C. and, the Popcorn Promotion, Research, (viii) Appoint members of the Lime 7104(b)(1); and Consumer Information Act (7 U.S.C. Board established by section 1955(b)(2) (xxi) Appoint members of the 7481–7491). This authority includes of the Lime Research, Promotion, and National Canola and Rapeseed Board determining the programs and activities Consumer Information Act of 1990 (7 established by section 535(b)(1) of the to be undertaken and assuring that they U.S.C. 6204(b)); Canola and Rapeseed Research, are coordinated with the overall (ix) Appoint members of the Promotion, and Consumer Information departmental programs to develop Mushroom Council established by Act (7 U.S.C. 7444(b)); (xxii) Appoint members of boards foreign markets for U.S. agricultural section 1925(b)(1)(B) of the Mushroom established by section 515(b)(2)(A) of products. Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. the Commodity Promotion, Research, * * * * * 6104(b)); and Information Act of 1996 (7 U.S.C. 3. Section 2.22 is revised by adding (x) Appoint members of the Pecan 7414(b)). new paragraphs (a)(1)(viii) (XX) through Marketing Board established by section (BBB) and by adding new 1910(b)(8)(E) of the Pecan Promotion Subpart FÐDelegations of Authority paragraphs(b)(1) (iv) through (xxii) to and Research Act of 1990 (7 U.S.C. by the Under Secretary for Farm and Foreign Agricultural Services read as follows: 6005(b)); § 2.22 Assistant Secretary for Marketing (xi) Appoint members of the National 4. In § 2.43, paragraph (a)(24) is and Regulatory Programs. Potato Promotion Board established by revised to read as follows: (a) * * * section 308(a)(4) of the Potato Research and Promotion Act as amended (7 § 2.43 Administrator, Foreign Agricultural (1) * * * Service. (viii) * * * U.S.C. 2617(a)); (xii) Appoint members of the National (a) * * * (XX) Commodity Promotion and Watermelon Promotion Board (24) Plan and carry out programs and Evaluation (7 U.S.C. 7401); established by section 1647(c) of the activities under the foreign market (YY) The Commodity Promotion, Watermelon Research and Promotion promotion authority of: the Wheat Research, and Information Act of 1996 Act (7 U.S.C. 4906(c)); Research and Promotion Act (7 U.S.C. (7 U.S.C. 7411–7425), except as (xiii) Appoint members of the 1292 note); the Cotton Research and delegated to the Under Secretary for PromoFlor Council established by Promotion Act (7 U.S.C. 2101–2118); the Farm and Foreign Agricultural Services section 5(b) of the Fresh Cut Flowers Potato Research and Promotion Act (7 in § 2.16(a)(3)(x); and Fresh Cut Greens Act of 1993 (7 U.S.C. 2611–2627): the Egg Research (ZZ) The Canola and Rapeseed U.S.C. 6804(b)); and Consumer Information Act of 1974 Research, Promotion, and Consumer (xiv) Appoint members of the (7 U.S.C. 2701–2718); the Beef Research Information Act (7 U.S.C. 7441–7452), National Kiwifruit Board established by and Information Act, as amended (7 except as delegated to the Under section 555(c)(1) of the National U.S.C. 2901–2918); the Wheat and Secretary for Farm and Foreign Kiwifruit Research, Promotion, and Wheat Foods Research and Nutrition Agricultural Services in § 2.16(a)(3)(x); Consumer Information Act (7 U.S.C. Education Act (7 U.S.C. 3401–3417); the (AAA) The National Kiwifruit 7464(c)); Floral Research and Consumer Research, Promotion, and Consumer (xv) Appoint members of Popcorn Information Act of 1981 (7 U.S.C. 4301– Information Act (7 U.S.C. 7461–7473), Board established by section 575(b)(1) of 4319); subtitle B of title I of the Dairy except as delegated to the Under the Popcorn Promotion, Research, and and Tobacco Adjustment Act of 1983 (7 Secretary for Farm and Foreign Consumer Information Act (7 U.S.C. U.S.C. 4501–4513); the Honey Research, Agricultural Services in § 2.16(a)(3)(x); 7484(b)); Promotion, and Consumer Information (BBB) The Popcorn Promotion, (xvi) Appoint members of the Wheat Act of 1984, as amended (7 U.S.C. 4601– Research, and Consumer Information Industry Council established by section 4612); the Pork Promotion, Research, Act (7 U.S.C. 7481–7491), except as 1706(a) of the Wheat and Wheat Foods and Consumer Information Act of 1985 delegated to the Under Secretary for Research and Nutrition Education Act (7 (7 U.S.C. 4801–4819); the Watermelon Farm and Foreign Agricultural Services U.S.C. 3405(a)); Research and Promotion Act, as in § 2.16(a)(3)(x). (xvii) Appoint members of the amended (7 U.S.C. 4901–4916); the * * * * * Cattlemen’s Beef Promotion and Pecan Promotion and Research Act of (b) * * * Research Board established by section 1990 (7 U.S.C. 6001–6013); the (1) * * * 5(1) of the Beef Research and Mushroom Promotion, Research, and (iv) Appoint members of the Cotton Information Act as amended (7 U.S.C. Consumer Information Act of 1990 (7 Board established by section 7(a) of the 2904(1)); U.S.C. 6101–6112); the Lime Research, Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40255
Promotion, and Consumer Information Dated: July 21, 1997. This action has been determined to be Act of 1990 (7 U.S.C. 6201–6212); the Dan Glickman, non-significant for purposes of Soybean Promotion, Research, and Secretary of Agriculture. Executive Order 12866 and therefore has not been reviewed by OMB. Consumer Information Act of 1990 (7 Dated: July 11, 1997. This action has been reviewed under U.S.C. 6301–6311); the Fluid Milk Dallas R. Smith, Promotion Act of 1990 (7 U.S.C. 6401– Executive Order 12988, Civil Justice Under Secretary for Farm and Foreign Reform. It is not intended to have 6417); the Fresh Cut Flowers and Fresh Agricultural Services. Cut Greens Promotion and Consumer retroactive effect. This action will not Dated: July 9, 1997. preempt any State or local laws, Information Act (7 U.S.C. 6801–6814); regulations, or policies, unless they the Sheep Promotion, Research, and Michael V. Dunn, present an irreconcilable conflict with Information Act of 1994 (7 U.S.C. 7101– Assistant Secretary for Marketing and Regulatory Programs. this termination order. 7111); The Commodity Promotion, [FR Doc. 97–19799 Filed 7–25–97; 8:45 am] Research, and Information Act of 1996 Regulatory Flexibility Analysis BILLING CODE 3410±01±P (7 U.S.C. 7411–7425); the Canola and In accordance with the Regulatory Rapeseed Research, Promotion, and Flexibility Act [5 U.S.C. 601 et seq.] Consumer Information Act (7 U.S.C. DEPARTMENT OF AGRICULTURE (RFA), the Agricultural Marketing 7441–7452); the National Kiwifruit Service has considered the economic Research, Promotion, and Consumer Agricultural Marketing Service impact of this action on small entities. Information Act (7 U.S.C. 7461–7473); The Act, which authorizes the and, the Popcorn Promotion, Research, 7 CFR Part 1208 creation of a generic program of and Consumer Information Act (7 U.S.C. promotion and information for fresh cut [FV±97±703] 7481–7491). This authority includes flowers and greens, became effective on determining the programs and activities December 14, 1993. Fresh Cut Flowers and Fresh Cut Section 7(a) of the Act provides that to be undertaken and assuring that they Greens Promotion and Information the Secretary of Agriculture (Secretary) are coordinated with the overall Order shall conduct a referendum not later departmental programs to develop than 3 years after the issuance of an foreign markets for U.S. agricultural AGENCY: Agricultural Marketing Service, USDA. order to ascertain whether the order products. then in effect shall be continued. The ACTION: Final rule. * * * * * Order was issued on December 29, 1994. SUMMARY: This document removes the Paragraph (a)(2) of § 7 of the Act Subpart NÐDelegations of Authority requirement of the Fresh Cut Flowers requires that the Order be approved by by the Assistant Secretary for and Fresh Cut Greens Promotion and a simple majority of all votes cast in the Marketing and Regulatory Programs Information Order (Order) that each referendum. In addition, paragraph (b) qualified handler pays to the National of § 7 of the Act specifies that each 5. Section 2.79 is amended by adding PromoFlor Council (Council) an qualified handler eligible to vote in the new paragraphs (a)(8)(1viii) through assessment in the amount of 0.5 percent referendum shall be entitled to cast one (lxii) to read as follows: on wholesale sales of fresh cut flowers vote for each separate facility of the person that is an eligible separate § 2.79 Administrator, Agricultural and greens as specified in the Order. facility. The voting period for the Marketing Service. The remaining provisions of the Order and regulations issued thereunder will referendum was June 2 through 20, (a) * * * be terminated at a later date. This action 1997. (8) * * * is necessary because termination of the Only those wholesale handlers Order was favored by a majority of the (including, but not limited to, wholesale (lviii) Commodity Promotion and qualified handlers voting in a jobbers, bouquet and floral article Evaluation (7 U.S.C. 7401); referendum conducted from June 2 manufacturers, auction houses that clear (lix) Commodity Promotion, Research, through 20, 1997. the sale of cut flowers and greens, and retail distribution centers), producers, and Information Act of 1996 (7 U.S.C. EFFECTIVE DATE: July 29, 1997. 7411–7425), except as specified in and importers who have annual sales of FOR FURTHER INFORMATION: Sonia N. § 2.43(a)(24); $750,000 or more of fresh cut flowers Jimenez, Research and Promotion and greens and who sell those products (lx) The Canola and Rapeseed Branch, Fruit and Vegetable Division, to exempt handlers, retailers, or Research, Promotion, and Consumer AMS, USDA, P.O. Box 96456, Room consumers are considered qualified Information Act (7 U.S.C. 7441–7452), 2535–S, Washington, DC 20090–6456, handlers and assessed under the Order. except as specified in § 2.43(a)(24); telephone (202) 720–9915 or (888) 720– There are approximately 643 qualified (lxi) The National Kiwifruit Research, 9917. handlers who are covered by the Promotion, and Consumer Information SUPPLEMENTARY INFORMATION: This program. Small agricultural service Act (7 U.S.C. 7461–7473), except as action is issued under the Fresh Cut firms, which include the qualified specified in § 2.43(a)(24); and Flowers and Fresh Cut Greens handlers covered under the Order, have Promotion and Information Act of 1993 been defined by the Small Business (lxii) The Popcorn Promotion, [7 U.S.C. 6801–6814] (Act). Administration [13 CFR 121.601] as Research, and Consumer Information Prior documents in this proceeding: those whose annual receipts are less Act (7 U.S.C. 7481–7491), except as Fresh Cut Flowers and Fresh Cut Greens than $5 million. Only 127 qualified specified in § 2.43(a)(24). Promotion and Information Order, handlers have been identified to have $5 * * * * * December 29, 1994 [59 FR 67139]; million in annual sales. Referendum Procedures, April 14, 1997 It is concluded that the majority of [62 FR 18033]; and Referendum Order, qualified handlers may be classified as April 21, 1997 [62 FR 19301]. small entities. 40256 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
This action terminates the information program, also known as handlers who applied for such refunds requirements of the Order for qualified PromoFlor. In accordance with the Act, prior to the conduct of the referendum handlers to remit assessments. USDA developed and implemented the and submitted satisfactory proof that Currently, an estimated 643 qualified Order [7 CFR 1208.1–1208.85], which they paid the assessment for which handlers pay about $10 million became effective on December 29, 1994. refund is requested. If the amount in the annually. When the Order was Section 7(a) of the Act requires that escrow account is not sufficient to published in the Federal Register on the Secretary conduct a referendum not refund the total amount of assessments December 29, 1994, the U.S. Department later than 3 years after issuance of an demanded, the amount of all such of Agriculture (USDA) stated that, with order to determine whether qualified refunds shall be prorated among all regard to the RFA, although the handlers favor continuation of the order. eligible qualified handlers that demand maximum assessment collection was The order directing that a referendum be the refunds. Section 1208.61 of the expected to total about $10 million conducted was published in the Federal Order provides that refunds are to be annually, the economic impact of a 1.0 Register on April 21, 1997 [62 FR made within 30 days of the date the percent or less assessment on each 19301]. The representative period for results of the referendum are released by qualified handler would not be establishing voter eligibility for the the Secretary. significant. This holds true today with referendum was the period from January the current 0.5 percent assessment rate. 1, 1996, through December 31, 1996. A Order Under this termination order, qualified referendum was conducted by mail It is therefore ordered, That the terms handlers would no longer be required to ballot from July 2 through 20, 1997. and provisions of Subpart A of the pay assessments. Termination of the Order was favored Order requiring fresh cut flowers and Statistics reported by the National by 58 percent of the qualified handlers greens qualified handlers to pay an Agricultural Statistics Service show that casting valid ballots in the referendum. assessment used to finance the national in 1995 sales of domestic cut flowers Therefore, pursuant to § 7(d) of the program for fresh cut flowers and fresh and cut greens totaled approximately Act and § 1208.60 of the Order, it is cut greens promotion and information [7 $521.3 million at the wholesale level. hereby found and determined that CFR Part 1208] are hereby terminated. The leading producing states by termination of the Order is favored by wholesale value are California, with a majority of the qualified handlers It is also found and determined upon about 49 percent of the total of flower voting in the referendum and that the good cause that it is impracticable, and cut green production, followed by Order should therefore be terminated. unnecessary, and contrary to the public Florida, Colorado and Hawaii. Sales Section 7(d) of the Act provides that, interest to give preliminary notice or to information for 1996 will not be if the Secretary determines that engage in further public procedure prior available until after publication of this termination of the Order is favored by to putting this action into effect, and rule. a majority of all votes cast in the that good cause exists for not The value of imports of cut flowers in referendum, the Secretary shall postponing the effective date of this 1996 was $557.7 million. Major terminate, as appropriate the collection action until 30 days after publication in countries exporting cut flowers to the of assessments under the Order not later the Federal Register because: (1) This United States, by value, are Colombia than 180 days after the referendum action terminates the requirements of which accounts for about 66 percent of results are announced. Further, the the Order that each qualified handler the value, followed by the Netherlands Secretary is required to terminate, as remit assessments; (2) termination of the (10 percent), Ecuador (12 percent), Costa appropriate, activities under the Order Order was favored by a majority of Rica (3 percent), and Mexico (3 percent). as soon as practicable and in an orderly qualified handlers voting in the The Act and Order also provide for manner. A separate order will be referendum; and (3) the Act requires refunds of assessments, under certain published in the Federal Register that, upon such a determination by conditions, for those handlers who terminating the remaining Order referendum, collection of assessments requested the refund before the initial requirements and provisions. should terminate no later than 180 days referendum was held, and if the Order In accordance with § 1208.61, the after the referendum. is rejected by voters in the referendum. Council will recommend not more than List of Subjects in 7 CFR Part 1208 Therefore, the exact impact of this five of its members to the Secretary to action will vary according to the amount serve as trustees for purposes of Administrative practice and of assessments handlers have been liquidating the assets of the Council. procedure, Advertising, Consumer remitting and would remit under the Termination of the Order and any of information, Marketing agreements, Order and whether such handlers its provisions, including the Plants, Promotion, Reporting and requested a refund. requirements to remit assessments, shall recordkeeping requirements. This action will not impose any not: additional reporting or recordkeeping (a) Affect or waive any right, duty, PART 1208ÐFRESH CUT FLOWERS requirements on either large or small obligation, or liability which shall have AND FRESH CUT GREENS qualified handlers of cut flowers and arisen or which may thereafter arise in PROMOTION AND INFORMATION greens. connection with any provision of the ORDER The Department has not identified Order; or any relevant Federal rules that (b) Release or extinguish any violation Subpart AÐFresh Cut Flowers and duplicate, overlap, or conflict with this of this Order; or Fresh Cut Greens Promotion and rule. (c) Affect or impair any rights or Information Order remedies of the United States, or of the Background Secretary, or of any other person with 1. The authority citation for 7 CFR This action terminates Order respect to any such violation. Part 1208 continues to read as follows: requirements to pay assessments and is Section 5(h)(4) of the Act [7 U.S.C. Authority: 7 U.S.C. 6801 et seq. governed by § 7(d) of the Act. The Act 6804(h)(4)] provides that refunds of authorizes a national fresh cut flowers assessments shall be made out of the 2. A note is added to § 1208.50 to read and greens promotion, research, and escrow account to those qualified as follows: Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40257
§ 1208.50 Assessments. applicability of Regulation X (12 CFR 12 CFR Part 220 * * * * * Part 224). These stocks have the degree Banks, Banking, Brokers, Credit, Note to § 1208.50: The requirement to pay of national investor interest, the depth Margin, Margin requirements, assessments is terminated as of July 29, 1997. and breadth of market, and the Investments, National Market System Dated: July 22, 1997. availability of information respecting (NMS Security), Reporting and Lon Hatamiya, the stock and its issuer to warrant recordkeeping requirements, Securities. Administrator Agricultural Marketing regulation in the same fashion as Service. exchange-traded securities. The OTC 12 CFR Part 221 [FR Doc. 97–19705 Filed 7–25–97; 8:45 am] List also includes any OTC stock Banks, Banking, Credit, Margin, BILLING CODE 3410±02±P designated for trading in the national Margin requirements, National Market market system (NMS security) under System (NMS Security), Reporting and rules approved by the Securities and recordkeeping requirements, Securities. FEDERAL RESERVE SYSTEM Exchange Commission (SEC). 12 CFR Part 224 Additional OTC stocks may be 12 CFR Parts 207, 220, 221 and 224 designated as NMS securities in the Banks, Banking, Borrowers, Credit, Margin, Margin requirements, Reporting [Regulations G, T, U and X] interim between the Board’s quarterly publications. They will become and recordkeeping requirements, Securities Credit Transactions; List of automatically marginable upon the Securities. Marginable OTC Stocks; List of effective date of their NMS designation. Accordingly, pursuant to the Foreign Margin Stocks The names of these stocks are available authority of sections 7 and 23 of the at the SEC and at the National Securities Exchange Act of 1934, as AGENCY: Board of Governors of the Association of Securities Dealers, Inc. amended (15 U.S.C. 78g and 78w), and Federal Reserve System. and will be incorporated into the in accordance with 12 CFR 207.2(k) and ACTION: Final rule; determination of Board’s next quarterly publication of the 207.6 (Regulation G), 12 CFR 220.2 and applicability of regulations. OTC List. 220.17 Regulation T), and 12 CFR 221.2(j) and 221.7 (Regulation U), there SUMMARY: The List of Marginable OTC Also listed below are the deletions is set forth below a listing of deletions Stocks (OTC List) is composed of stocks from and additions to the Foreign List, from and additions to the OTC List and traded over-the-counter (OTC) in the which was last published on April 28, the Foreign List. United States that have been determined 1997 (62 FR 22881), and became by the Board of Governors of the Federal effective May 12, 1997. A copy of the Deletions From the List of Marginable OTC Reserve System to be subject to the complete Foreign List is available from Stocks margin requirements under certain the Federal Reserve banks. Stocks Removed for Failing Continued Listing Federal Reserve regulations. The List of Requirements Public Comment and Deferred Effective Foreign Margin Stocks (Foreign List) is Date ALLERGAN LIGAN RETINOID composed of foreign equity securities THERAPEUTICS, INC. that have met the Board’s eligibility The requirements of 5 U.S.C. 553 with Units (expire 06–05–97) criteria under Regulation T. The OTC respect to notice and public AVERT, INC. Warrants (expire 04–30–97) List and the Foreign List are published participation were not followed in four times a year by the Board. This BELL CABLEMEDIA PLC connection with the issuance of this American Depositary Receipts document sets forth additions to and amendment due to the objective BIOTECHNICA INTERNATIONAL, INC. deletions from the previous OTC List character of the criteria for inclusion $.01 par common and the previous Foreign List. and continued inclusion on the Lists BLACK HAWK GAMING & DEVELOPMENT EFFECTIVE DATE: August 11, 1997. specified in 12 CFR 207.6 (a) and (b), COMPANY FOR FURTHER INFORMATION CONTACT: 220.17 (a), (b), (c) and (d), and 221.7 (a) Class B, warrants (expire 06–30–97) Peggy Wolffrum, Securities Regulation and (b). No additional useful BRE-X MINERALS, LIMITED No par common Analyst, Division of Banking information would be gained by public CELEBRITY ENTERTAINMENT, INC. Supervision and Regulation, (202) 452– participation. The full requirements of 5 $.01 par common 2781, Board of Governors of the Federal U.S.C. 553 with respect to deferred CODE–ALARM, INC. Reserve System, Washington, DC 20551. effective date have not been followed in No par common For the hearing impaired only, contact connection with the issuance of this COUNTRY STAR RESTAURANTS, INC. Dorothea Thompson, amendment because the Board finds Series A, 6% par cumulative preferred Telecommunications Device for the Deaf that it is in the public interest to DELGRATIA MINING CORPORATION (TDD) at (202) 452–3544. facilitate investment and credit No par common ERD WASTE CORPORATION SUPPLEMENTARY INFORMATION: Listed decisions based in whole or in part $.001 par common below are the deletions from and upon the composition of these Lists as ESSEX CORPORATION additions to the Board’s OTC List, soon as possible. The Board has $.10 par common which was last published on April 28, responded to a request by the public FIRST MORTGAGE CORPORATION 1997 (62 FR 22881), and became and allowed approximately a two-week No par common effective May 12, 1997. A copy of the delay before the Lists are effective. FLAGSTAR COMPANIES, INC. complete OTC List is available from the $.50 par common, Series A, $.10 par Federal Reserve Banks. List of Subjects cumulative convertible preferred The OTC List includes those stocks GRAPHIX ZONE, INC. 12 CFR Part 207 No par common traded over-the-counter in the United GROOTVLEI PROPRITARY MINES States that meet the criteria in Banks, Banking, Credit, Margin, American Depositary Receipts Regulations G, T, and U (12 CFR Parts Margin requirements, National Market INAMED CORPORATION 207, 220 and 221, respectively). This System (NMS Security), Reporting and $.01 par common determination also affects the recordkeeping requirements, Securities. INTEGRATED WASTE SERVICES, INC. 40258 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
$.01 par common $.05 par common $3.125 par common INTERSCIENCE COMPUTER AMERICAN BANKERS INSURANCE FLORIDA PANTHERS HOLDINGS, INC. CORPORATION GROUP, INC. Class A, $.01 par common No par common $1.00 par common FORCENERGY INC. IPL SYSTEMS, INC. AMISYS MANAGED CARE SYSTEMS, INC. $.01 par common Class A, $.01 par common $.001 par common FRACTAL DESIGN CORPORATION KLEINERT’S, INC. ASPEN BANCSHARES, INC., (CO) $.001 par common $1.00 par common $.01 par common GATEWAY 2000 INC. LIFERATE SYSTEMS, INC. BANCORPSOUTH, INC. (MS) $.01 par common No par common $2.50 par common GCR HOLDINGS, LIMITED MEDICAL CONTROL, INC. BELDEN & BLAKE CORPORATION $.10 par ordinary shares Warrants (expire 04–30–97) No par common GOULDS PUMPS, INCORPORATED MEDNET MPC CORPORATION BENTON OIL & GAS COMPANY $1.00 par common $.001 par common $.01 par common GRANITE CONSTRUCTION MERIDIAN SPORTS INCORPORATED BFS BANKORP, INC. (NY) INCORPORATED $.01 par common $.01 par common $.01 par common BHC FINANCIAL, INC. GRAPHIC INDUSTRIES, INC. MID–AM, INC. $.001 par common $.10 par common Series A, no par cumulative convertible BOOMTOWN, INC. GULFMARK INTERNATIONAL, INC. preferred $.01 par common $1.00 par common MOBILE MEDIA CORPORATION BUCKLE, INC., THE HOME BENEFICIAL CORPORATION $.001 par common $.05 par common Class B, $.3125 par common NETWORK CONNECTION, INC., THE BUSINESS & PROFESSIONAL BANK (CA) INCSTAR CORPORATION Warrants (expire 05–11–98) No par common $.01 par common NOBLE ROMAN’S INC. C.R. ANTHONY COMPANY INPHYNET MEDICAL MANAGEMENT, INC. No par common $.01 par common $.01 par common NORD PACIFIC LIMITED CALGENE, INC. INTEGRATED LIVING COMMUNITIES, INC. American Depositary Receipts No par common $.01 par common OSHKOSH B’GOSH, INC. CALIFORNIA FINANCIAL HOLDING CO. J.W. CHARLES FINANCIAL SERVICES, INC. Class B, $.01 par common $.01 par common $.001 par common POSITRON CORPORATION CARVER BANCORP, INC. (NY) KURZWEIL APPLIED INTELLIGENCE, INC. $.01 par common, Warrants (expire 12–03– $.01 par common $.01 par common 98) CASCADE COMMUNICATIONS CORP. LESLIE’S POOLMART PUDGIE’S CHICKEN, INC. $.001 par common No par common $.01 par common CEL-SCI CORPORATION LIBERTY BANCORP, INC. (OK) REDDI BRAKE SUPPLY CORPORATION $.001 par common $.01 par common $.0001 par common CENTRAL AND SOUTHERN HOLDING CO. LIVE ENTERTAINMENT, INC. RISCORP, INC. $1.00 par common $.01 par common, Series B, no par Class A, $.01 par common CHICAGO DOCK AND CANAL TRUST cumulative convertible preferred ROOSEVELT FINANCIAL GROUP, INC. No par shares of beneficial interest LONE STAR TECHNOLOGIES, INC. $.01 par common $.01 par convertible CIBER, INC. $1.00 par common preferred $.01 par common MARKEL CORPORATION SISKON GOLD CORPORATION COACH USA, INC. No par common Class A, $.001 par common $.01 par common MAXIM GROUP, INC., THE STRATOSPHERE CORPORATION COMPRESSION LABS, INC. $.001 par common $.01 par common $.001 par common MDL INFORMATION SYSTEMS, INC. STREAMLOGIC CORPORATION COOPER & CHYAN TECHNOLOGY, INC. $.01 par common $.01 par common $.01 par common MICROCOM, INC. SUPERIOR ENERGY SERVICES, INC. COUNTY BANK OF CHESTERFIELD (VA) $.01 par common Warrants (expire 07–06–97) $5.00 par common MIDCOMM BANK (CT) SURE SHOT INTERNATIONAL, INC. CROSSCOMM CORPORATION $1.00 par common $.01 par common $.01 par common NYNEX CABLECOMMS GROUP PLC TALBERT MEDICAL MANAGEMENT CU BANCORP (CA) American Depositary Receipts HOLDINGS No par common ONE VALLEY BANCORP, INC. (WV) Rights (expire 05–20–97) DAUPHIN DEPOSIT CORPORATION $10.00 par common TEE–COM ELECTRONICS, INC. $5.00 par common OPENVISION TECHNOLOGIES, INC. No par common DEKALB GENETICS CORPORATION $.001 par common TELECHIPS CORPORATION Class B, no par common OSB FINANCIAL CORPORATION $.01 par common DENBURY RESOURCES, INC. $.01 par common TRIPLE P, NV No par common PEAK TECHNOLOGIES GROUP, INC., THE NLG .20 par common EASTERN BANCORP INC. (VT) $.01 par common VECTRA BANKING CORPORATION $.01 par common PETROLEUM GEO-SERVICES A/S $.10 Series A, cumulative preferred ENTERPRISE SYSTEMS, INC. American Depositary Receipts WESTERN FIDELITY FUNDING, INC. $.01 par common PETROITE CORPORATION $.001 par common EQUITY CORPORATION INTERNATIONAL No par common XAVIER CORPORATION $.01 par common PHAMIS INC. $.001 par common ERO, INC. $.0025 par common $.01 par common PREMIER BANKSHARES CORPORATION Stocks Removed For Listing On a National EXTENDED STAY AMERICA, INC. $2.00 par common Securities Exchange or Being Involved in an $.01 par common PREMIERE RADIO NETWORKS, INC. Acquisition FINANCIAL TRUST CORPORATION No par common, Class A, $.01 par common AES CHINA GENERATING CO., LTD. $5.00 par common PRODUCTION OPERATORS CORP. Class A, $.01 par common FIRST FINANCIAL CORPORATION OF $1.00 par common AIRNET SYSTEMS, INC. WESTERN MARYLAND PROFFITT’S, INC. $.01 par common $1.00 par common $.10 par common AMERICAN BANCORP OF NEVADA FIRST-KNOX BANC CORP. (Ohio) REFLECTONE, INC. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40259
$.10 par common $.01 par common $.01 par common RENTAL SERVICE CORPORATION ANTIVIRALS, INC. DOCDATA, N.V. $.01 par common Warrants (expire 06–04–2002) Ordinary shares (NLG .2) REPUBLIC INDUSTRIES, INC. ARGUSS HOLDINGS, INC. DSI TOYS, INC. $.01 par common $.01 par common $.01 par common ROBERTS PHARMACEUTICAL CORP. ARIS CORPORATION DTM CORPORATION $.01 par common No par common $.0002 par common ROYCE LABORATORIES, INC. ASCENT PEDIATRICS, INC. DUNN COMPUTER CORPORATION $.005 par common $.0004 par common $.001 par common SERVICE EXPERTS, INC. ASI SOLUTIONS INCORPORATED DXP ENTERPRISES, INC. $.01 par common $.01 par common $.01 par common SJS BANCORP, INC. (MO) AT HOME CORPORATION ECO SOIL SYSTEMS, INC. $.01 par common Series A, common stock $.005 par common SOMATIX THERAPY CORPORATION AURORA BIOSCIENCES CORPORATION ENDOGEN, INC. $.01 par common $.001 par common $.01 par common STANT CORPORATION AXIOM, INC. ENERGY SEARCH, INCORPORATED $.01 par common $.01 par common No par common STARSIGHT TELECAST, INC. BANK UNITED FINANCIAL EXPLORATION COMPANY, THE No par common Series A, capital trust preferred securities $.01 par common STILLWATER MINING COMPANY BANKATLANTIC BANCORP, INC. FAMOUS DAVE’S OF AMERICA $.01 par common Capital trust 9% cumulative trust preferred $.01 par common SUNGARD DATA SYSTEMS, INC. BENTHOS, INC. FIDELITY BANCORP, INC. $.01 par common $.0667 par common FB capital trust preferred securities TEAM RENTAL GROUP, INC. BIONX IMPLANTS, INC. FIRST SIERRA FINANCIAL, INC. Class A, $.01 par common $.001 par common $.01 par common TENCOR INSTRUMENTS BOARDWALK CASINO, INC. FIRSTBANK CORPORATION (Idaho) No par common $.001 par common $.01 par common THERMAL INDUSTRIES, INC. BOSTON PRIVATE BANCORP, INC. FIRSTSERVICE CORPORATION $.01 par common $1.00 par common No par subordinate voting shares TRANSWORLD BANCORP (CA) BRANTLEY CAPITAL CORPORATION FLAGSTAR BANCORP, INC. No par common $.01 par common $.01 par common UNIFORCE SERVICES, INC. BRIGHAM EXPLORATION COMPANY GENESYS TELECOMMUNICATIONS $.01 par common $.01 par common LABORATORIES, INC. UNITED CAROLINA BANCSHARES CORP. BROAD NATIONAL BANCORPORATION No par common $4.00 par common (New Jersey) GLASTONBURY BANK & TRUST US ROBOTICS CORPORATION 9.5% preferred securities COMPANY (Connecticut) $.01 par common BROOKDALE LIVING COMMUNICATIONS, $2.50 par common USMX INC. INC. GOLDEN TRIANGLE INDUSTRIES, INC. No par common $.01 par common $.001 par common VENTRITEX, INC. CAL DIVE INTERNATIONAL, INC. GREAT PLAINS SOFTWARE, INC. No par common No par common $.01 par common VIDEOTRON HOLDINGS PLC American Depositary Receipts CARDIMA, INC. GREATER COMMUNITY BANCORP (New VOLT INFORMATION SCIENCES, INC. $.001 par common Jersey) $.10 par common CAREY INTERNATIONAL, INC. $.01 par common WEST COAST BANCORP (OR) $.01 par common 10% preferred securities No par common CCF HOLDING COMPANY GSB FINANCIAL CORPORATION WINTHROP RESOURCES CORPORATION $.10 par common $.01 par common $.01 par common CENTENNIAL HEALTHCARE GULFMARK OFFSHORE, INC. WIRELESS CABLE OF ATLANTA, INC. CORPORATION $.01 par common $1.00 par common $.01 par common H.T.E., INC. CHECKERS DRIVE-IN RESTAURANTS, INC. $.01 par common Additions to the List of Marginable OTC Warrants (expire 12–22–2000) HAGLER BAILLY, INC. Stocks CHROMAVISION MEDICAL SYSTEMS, INC. $.01 par common 3DFX INTERACTIVE, INC. $.01 par common Rights (expire 08–05–97) HCB BANCSHARES, INC. No par common CODORUS VALLEY BANCORP, INC. $.01 par common 800–JR CIGAR, INC. (Pennsylvania) HEALTHCARE RECOVERIES, INC. $.01 par common $2.50 par common $.001 par common 8X8, INC. COINSTAR, INC. HESKA CORPORATION $.001 par common $.001 par common $.001 par common ACORN PRODUCTS, INC. COMMUNITY BANCSHARES, HOME CITY FINANCIAL CORPORATION $.001 par common INCORPORATED No par common ADVANCED COMMUNICATION SYSTEMS, $3.00 par common HUMPHREY HOSPITALITY TRUST, INC. INC. COMMUNITY FINANCIAL CORPORATION $.01 par common $.01 par common (Illinois) INDEPENDENT BANK CORPORATION ALARIS MEDICAL, INC. $.01 par common (Massachusetts) $.01 par common COMMUNITY FIRST BANKING COMPANY 9.28% cumulative trust preferred securities ALFACELL CORPORATION (Georgia) INTEGRATED SURGICAL SYSTEMS, INC. $.001 par common $.01 par common $.01 par common ALLERGAN LIGAND RETINOID CONCEPTS DIRECT, INC. INTERFERON SCIENCES, INC. THERAPEUTICS, INC. $.10 par common $.01 par common $.001 par common COSMETIC CENTER, INC., THE INTERNATIONAL COMPUTEX, INC. ALLSTAR SYSTEMS, INC. Class C, $.01 par common $.001 par common $.01 par common CRAZY WOMAN CREEK BANCORP, INTERNATIONAL PRECIOUS METALS AMARILLO BIOSCIENCES, INC. INCORPORATED (New York) CORPORATION $.01 par common $.10 par common No par common AMAZON.COM, INC. DECRANE AIRCRAFT HOLDINGS, INC. INTEST CORPORATION 40260 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
$.01 par common $.001 par common Cumulative trust preferred IRIDIUM WORLD COMMUNICATIONS, OPTISYSTEMS SOLUTIONS, LTD. STERLING FINANCIAL CORPORATION LTD. Ordinary shares (NIS .05) 9.5% preferred securities Class A, $.01 par common Warrants (expire 06–12–2002) SUMMIT HOLDING SOUTHWEST, INC. ISL COMMUNICATIONS INCORPORATED ORBIT/FR, INC. $.01 par common $.01 par common $.01 par common SUNRISE EDUCATIONAL SERVICES, INC. JETFAX, INC. PDK LABS, INC. Series C, $1.00 par preferred $.01 par common $.01 par common SYSCOMM INTERNATIONAL KAYNAR TECHNOLOGIES, INC. PEAK INTERNATIONAL LIMITED CORPORATION $.01 par common $.01 par common $.01 par common KEY FLORIDA BANCORP, INC. PEAPOD, INC. $.01 par common TALBERT MEDICAL MANAGEMENT $.01 par common HOLDINGS CORPORATION LAMALIE ASSOCIATES, INC. PEOPLES HOME SAVINGS BANK $.01 par common $.01 par common (Pennsylvania) TAYLOR DEVICES, INC. LASER POWER CORPORATION No par common $.025 par common $.001 par common PEOPLES-SIDNEY FINANCIAL TELEGEN CORPORATION LEXINGTON HEALTHCARE GROUP, INC. CORPORATION No par common $.01 par common $.01 par common Warrants (expire 05–19–2003) PERITUS SOFTWARE SERVICES, INC. TELEGROUP, INC. LHS GROUP, INC. $.01 par common No par common $.01 par common PREMIER FINANCIAL BANCORP, INC. TIB FINANCIAL CORPORATION LIFE FINANCIAL CORPORATION (Kentucky) $.10 par common $.01 par common No par preferred securities TLC THE LASER CENTER, INC. LIGAND PHARMACEUTICALS, INC. PSW TECHNOLOGIES, INC. No par common Warrants (expire 06–03–2000) $.01 par common TMCI ELECTRONICS, INC. LONG BEACH FINANCIAL CORPORATION QUESTRON TECHNOLOGY, INC. $.001 par common $.001 par common $.001 par common TRANSCEND THERAPEUTICS, INC. LUKENS MEDICAL CORPORATION QWEST COMMUNICATIONS $.01 par common Class A, $.01 par common INTERNATIONAL, INC. MARATHON FINANCIAL CORPORATION TRIATHLON BROADCASTING COMPANY $.01 par common $1.00 par common Class A, $.01 par common RACING CHAMPIONS CORPORATION MAS TECHNOLOGY LIMITED Depositary shares $.01 par common American Depositary Receipts TRIDENT ROWAN GROUP, INC. RAMBUS, INC. MELITA INTERNATIONAL CORPORATION Warrants (expire 06–05–2002) No par common $.001 par common TRIO-TECH INTERNATIONAL MER TELEMANAGEMENT SOLUTIONS, RF MICRO DEVICES, INC. No par common LTD. No par common TSI INTERNATIONAL SOFTWARE, LTD. No par common RIVER VALLEY BANCORP (Indiana) $.01 par common No par common MFC BANCORP LTD. VECTRA BANKING CORPORATION ROBOCOM SYSTEMS, INC. No par common VBC capital I cumulative capital securities $.01 par common MIDDLE BAY OIL COMPANY, INC. VIRAGEN EUROPE LTD. $.02 par common RWD TECHNOLOGIES, INC. $.10 par common $.01 par common MILESTONE SCIENTIFIC, INC. VIRGINIA GAS COMPANY $.001 par common RYANAIR HOLDINGS PLC American Depositary Receipts $.001 par common MILLBROOK PRESS, INC., THE Warrants (expire 10–11–2001) $.01 par common SAXTON INCORPORATED VISTA MEDICAL TECHNOLOGIES, INC. MONOCACY BANCSHARES, INC. $.001 par common $.01 par common (Maryland) SCHICK TECHNOLOGIES, INC. $5.00 par common $.01 par common WASHINGTON MUTUAL, INC. MVSI, INC. SCHUFF STEEL COMPANY Depositary shares Warrants (expire 08–15–2000) $.001 par common WASTE INDUSTRIES, INC. NATIONAL HEALTH ENHANCEMENT SEEC, INC. No par common SYSTEMS, INC. $.01 par common WAYNE BANCORP, INC. (Ohio) $.001 par common SILICOM LIMITED No par common NATIONAL PENN BANCSHARES, INC. Ordinary shares WESTERN BANCORP (California) No par preferred stock SILVERADO GOLD MINES LTD. No par common NEOMEDIA TECHNOLOGIES, INC. No par common WHEELS SPORTS GROUP, INC. $.01 par common SIMIONE CENTRAL HOLDINGS, INC. Warrants (expire 04–16–2002) NETSPEAK CORPORATION $.001 par common WILSONS THE LEATHER EXPERTS $.01 par common SIMMONS FIRST NATIONAL $.01 par common NETWORK EVENT THEATER, INC. CORPORATION (Arkansas) Warrants (expire 05–27–2000) $.01 par common 9.12% cumulative trust preferred securities WORLD OF SCIENCE, INC. NEW CENTRUY FINANCIAL SOUTHERN MINERAL CORPORATION $.01 par common CORPORATION $.01 par common $.01 par common SOUTHWEST BANCORP, INC. (Oklahoma) Deletions From the Foreign Margin List 9.3% shares of beneficial interest capital NEW ERA NETWORKS, INC. Australia $.0001 par common trust NORD PACIFIC LIMITED SPECTRX, INC. ADVANCE BANK AUSTRALIA LIMITED $.05 par common $.001 par common Ordinary shares, par A$1.00 OBJECTSOFT CORPORATION STAFF LEASING, INC. CRA LIMITED $.001 par common $.01 par common Ordinary shares, par A$2.00 OCWEN ASSET INVESTMENT GROUP STAR TELECOMMUNICATIONS, INC. Austria $.01 par common $.01 par common OLICOM A/S STEARNS & LEHMAN, INC. UNIVERSALE-BAU AG Warrants (expire 06–12–2000) No par common Ordinary shares, par 100 Austrian ONSALE, INC. STERLING BANCSHARES, INC. schillings Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40261
Belgium Non-convertible savings shares, par 500 United Kingdom ARBED-ACIER REUNIE DE BURBACH-EICH- lira AMVESCO PLC DUDEL GEMINA GEN MOBIL INTER AZIONARIE Ordinary shares, par 25 p No par participating certificates SPA BURMAH OIL PLC, THE UCB SA Ordinary shares, par 500 lira Ordinary shares, par value 100 p SASIB SPA No par capital EAST MIDLANDS ELECTRICITY PLC Ordinary shares, par 1000 lira UCB SA Ordinary shares, par 50 p SOCIETA ASSICURATRICE INDUSTRIALE No par ordinary capital ENGLISH CHINA CLAYS PLC SPA Ordinary shares, par 25 p Brazil Non-convertible savings shares, par 1000 LUCAS INDUSTRIES PLC lira LIGHT PARTICIPACOES, S.A. (LIGHT PAR) Ordinary shares, par 25 p TORO ASSICURAZIONI CIA ANOMIA No par common RTZ CORPORATION PLC D’ASSICU. Ordinary shares, par 10 p Canada Non-convertible savings shares, par 1000 lira Additions to the Foreign Margin List ABITIBI-PRICE INC. UNICEM SPA No par common Australia Non-convertible savings shares, par 1000 AVENDOR INC. lira RIO TINTO LIMITED No par common Ordinary shares, par A$2.00 BRE-X MINERALS LTD. Japan Austria No par common NIPPONDENSO CO., LTD. HEES INTERNATIONAL BANCORP INC. ¥ 50 par common FLUGHAFEN VIEN No par common Ordinary shares, par 100 Austrian STONE-CONSOLIDATED CORP. Norway schillings No par common AKER ASA WOLFORD AG SUNCOR INC. A Free Shares, par 20 Norwegian krone Ordinary shares, par 100 Austrian No par common AKER ASA schillings B Free Shares, par 20 Norwegian krone Belgium Denmark MYCOMED ASA BARCO NV OTICON HOLDING A/S B Ordinary Common, par 4 Norwegian Ordinary shares, no par krone Ordinary shares, par 20 Danish krone COLRUYT S.A. UNI STOREBRAND A/S France Ordinary shares, no par A Ordinary Common, par 5 Norwegian CREDIT COMMUNAL HOLDING/DEPIA AXA SA krone Ordinary shares, no par Ordinary shares, par 60 French francs UNI STOREBRAND ASA NATIONAL PORTEFEUILLE S.A. COMPAGNIE GENERALE DE Convertible Preferred A Shares, par 5 Ordinary shares, no par GEOPHYSIQUE SA Norwegian krone UNION MINIERE S.A. Ordinary shares, par 10 French francs Singapore Ordinary shares, no par CREDIT FONCIER DE FRANCE SA Ordinary shares, par 100 French francs AURIC PACIFIC GROUP Brazil DMC-DOLLFUS-MIEG & CIE SA Ordinary shares, par S$0.50 LIGHT SERVICIOS DE ELECTRICIDADE S.A. Ordinary shares, par 75 French francs FAR EAST LEVINGSTONE SHIPBUILDING No par common FINEXTEL SA LTD. Canada Ordinary shares, par 100 French francs Ordinary shares, par S$0.50 GROUPE SEB SA JARDINE MALLIESON HOLDINGS, LTD. ABITIBI-CONSOLIDATED, INC. Ordinary Shares, par S$.25 Ordinary shares, par 20 French francs No par common STRAITS STEAMSHIP LAND LTD. LEGRIS INDUSTRIES SA AGRIUM, INC. Ordinary shares, par S$0.50 Ordinary shares, par 20 French francs No par common LYONNAISE DES EAUX SA Spain ALLIANCE FOREST PRODUCTS, INC. No par common Ordinary shares, par 60 French francs CUBIERTAS Y MZOV S.A., COMPANIA NORD EST SA AVENOR, INC. GENERAL No par common Ordinary shares, par 50 French francs Bearer shares, par 1000 pesetas B.C. GAS, INC. ROUSSEL UCLAF SA EL AGUILA S.A. No par common Ordinary shares, par 20 French francs Bearer shares, par 500 pesetas CRESTAR ENERGY, INC. SAINT LOUIS SA SARRIO S.A. No par common Ordinary shares, par 100 French francs Bearer shares, par 500 pesetas EURO-NEVADA MINING CORPORATION SOCIETE DES IMMEUBLES DE FRANCE SA Switzerland No par common Ordinary shares, par 50 French francs FINNING LIMITED SOCIETE FINANCIERE INTERBAIL SA CS HOLDING No par common Ordinary shares, par 100 French francs Registered shares, par 20 Swiss francs HUDSON’S BAY COMPANY TAITTINGER SA FORBO HOLDING AG No par common Ordinary shares, par 150 French francs Registered shares, par 50 Swiss francs MDS, INC. GEORG FISCHER AG Germany No par Class B common Bearer shares, par 500 Swiss francs NEWCOURT CREDIT GROUP, INC. RHEINELEKTRA AG MOTOR-COLUMBUS AG No par common Bearer shares, par DM 50 Bearer shares, par 500 Swiss francs PAN CANADIAN PETROLEUM LIMITED SULZER AG Italy No par common Participation Certificates, par 100 Swiss PHILIP SERVICES CORPORATION BANCA COMMERCIALE ITALIANA SPA francs No par common Non-convertible savings shares, par 1000 SWISSAIR SCHWEIZERISCHE QUEBECOR, INC. lira LUFTVERKEHR AG No par Class B common CIR-COMPAGNIE INDUSTRIALI RIUNITE Registered shares, par 350 Swiss francs ROYAL GROUP TECHNOLOGIES LIMITED SPA No par common Non-convertible savings shares, par 1000 Thailand SUNCOR ENERGY, INC. lira UNION ASIA FINANCE PUBLIC CO. LTD. No par common CREDITO ITALIANO SPA Common shares, par 10 Thai baht TELEGLOBE, INC. 40262 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
No par common Registered shares, par 20 Swiss francs DATES: Effective August 12, 1997. TRIMARK FINANCIAL CORPORATION SAIR GROUP AG The incorporation by reference of No par common Registered shares, par 350 Swiss francs certain publications listed in the SCHWEIZERISCHE BANKGESELLSCHAFT Denmark regulations is approved by the Director (UNION BANK OF) WILLIAM DEMANT HOLDINGS Registered shares, par 20 Swiss francs of the Federal Register as of August 12, Ordinary shares, par 5 Danish krone SULZER AG par 100 Swiss francs 1997. Comments for inclusion in the Rules France United Kingdom Docket must be received on or before AXA–UAP SA AMVESCAP PLC September 26, 1997. Ordinary shares, par 60 French francs Ordinary shares, par 25 p ADDRESSES: Submit comments in CETELEM SA ECC GROUP PLC Ordinary shares, par 45 French francs Ordinary shares, par 25 p triplicate to the Federal Aviation LEGRAND SA EMI GROUP PLC Administration (FAA), New England Preferred shares, par 10 French francs Ordinary shares, par 25 p Region, Office of the Assistant Chief REXEL SA GALLAHER GROUP PLC Counsel, Attention: Rules Docket No. Ordinary shares, par 20 French francs Ordinary shares, par 10 p 97–ANE–26–AD, 12 New England SEB SA HALIFAX PLC Executive Park, Burlington, MA 01803– Ordinary shares, par 20 French francs Ordinary shares, par 20 p 5299. Comments may also be sent via SODEXHO ALLIANCE SA IMPERIAL TOBACCO GROUP PLC Ordinary shares, par 20 French francs Ordinary shares, par 10 p the Internet using the following address: SUEZ-LYONNAISE DES EAUX SA LUCASVARITY PLC ‘‘[email protected]’’. Ordinary shares, par 60 French francs Ordinary shares, par 25 p Comments sent via the Internet must contain the docket number in the Germany RIO TINTO PLC Ordinary shares, par 10 p subject line. LAHMEYER AG By order of the Board of Governors of the The service information referenced in Bearer shares, par DM 50 Federal Reserve System, acting by its Director this AD may be obtained from Textron Ireland of the Division of Banking Supervision and Lycoming, 652 Oliver St., Williamsport, Regulation pursuant to delegated authority RYANAIR HOLDINGS PLC PA 17701; telephone (717) 327–7278, (12 CFR 265.7(f)(10)), July 23, 1997. Ordinary shares, par .04 Irish pound fax (717) 327–7022. This information William W. Wiles, Italy may be examined at the FAA, New Secretary of the Board. England Region, Office of the Assistant BANCA FIDEURAM SPA [FR Doc. 97–19806 Filed 7–25–97; 8:45 am] Ordinary shares, par 500 lira Chief Counsel, Burlington, MA; or at the BENETTON GROUP SPA BILLING CODE 6210±01±P Office of the Federal Register, 800 North Ordinary shares, par 500 lira Capitol Street, NW., suite 700, EDISON SPA Washington, DC. Ordinary shares, par 1000 lira DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: PARMALAT FINANZIARIA Franco Pieri and Pat Perrotta, Aerospace Ordinary shares par 1000 lira Federal Aviation Administration Engineer, New York Aircraft ROLO BANCA 1473 SPA Ordinary shares, par 1000 lira 14 CFR Part 39 Certification Office, FAA, Engine and Propeller Directorate, 10 Fifth St., Japan [Docket No. 97±ANE±26±AD; Amendment Valley Stream, NY 11581; telephone DENSO CORPORATION 39±10085; AD 97±15±11] (516) 256-7526 and (516) 256–7534, fax ¥ 50 par common RIN 2120±AA64 (516) 568–2716. Norway SUPPLEMENTARY INFORMATION: On Airworthiness Directives; Avco AKER RGI ASA December 26, 1996, the Federal A Free shares par 20 Norwegian krone Lycoming and Textron Lycoming Aviation Administration (FAA) issued AKER RGI ASA Reciprocating Engines airworthiness directive (AD) 97–01–03, B Free shares, par 20 Norwegian krone AGENCY: Federal Aviation Amendment 39–9874 (62 FR 307, NYCOMED ASA Administration, DOT. January 3, 1997), to require removal B ordinary common, par 4 Norwegian ACTION: Final rule; request for from service of defective piston pins, krone and replacement with serviceable parts. STOREBRAND AS comments. A ordinary common, par 5 Norwegian That action was prompted by a report krone SUMMARY: This amendment supersedes that a quantity of piston pins, marked STOREBRAND AS an existing airworthiness directive (AD), with code 17328, were produced that Convertible preferred A shares, par 5 applicable to Avco Lycoming and did not meet manufacturing Norwegian krone Textron Lycoming reciprocating specifications. That condition, if not Singapore engines, that currently requires removal corrected, could result in piston pin from service of defective piston pins, failure, which could result in engine JARDINE MATTHESON HOLDINGS, LTD. and replacement with serviceable parts. Ordinary shares, par $.25 failure. KEPPEL FAR EAST LEVINGSTONE This amendment adds additional On February 5, 1997, the FAA issued SHIPBUILDING, LTD. affected engine models that may have a correction to AD 97–01–03 (62 FR Ordinary shares, par S$.50 defective piston pins installed, and 7671, February 20, 1997) that KEPPEL LAND LTD. references a revised service bulletin. renumbered a misdesignated paragraph. Ordinary shares, par S$.50 This amendment is prompted by the Since the issuance of that AD, the Spain determination that additional engine FAA has received a report from the models may have defective piston pins manufacturer that additional engine GRUPO ACCIONA Bearer shares, par 1000 pesetas installed. The actions specified by this models may have had defective piston AD are intended to prevent piston pin pins installed. Switzerland failure, which could result in engine The FAA has reviewed and approved CREDIT SUISSE GROUP failure. the technical contents of Textron Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40263
Lycoming Mandatory Service Bulletin concerned with the substance of this AD Amendment 39–10085, to read as (SB) No. 527C, dated April 18, 1997, will be filed in the Rules Docket. follows: that adds additional affected engine Commenters wishing the FAA to 97–15–11 Avco Lycoming and Textron models and lists serial numbers (S/Ns) acknowledge receipt of their comments Lycoming: Amendment 39–10085. of additional engines manufactured, submitted in response to this notice Docket 97–ANE–26–AD. Supersedes AD remanufactured, or overhauled by must submit a self-addressed, stamped 97–01–03, Amendment 39–9874. Textron Lycoming during the time postcard on which the following Applicability: Avco Lycoming and Textron period that defective piston pins could statement is made: ‘‘Comments to Lycoming O–320, IO–320, LIO–320, AIO– have been installed, and describes Docket Number 97–ANE–26–AD.’’ The 320, AEIO–320, O–360, LO–360, IO–360, procedures for removal from service of postcard will be date stamped and LIO–360, VO–360, IVO–360, HO–360, HIO– defective piston pins, and replacement returned to the commenter. 360, LHIO–360, AIO–360, AEIO–360, TIO– with serviceable parts. The regulations adopted herein will 360, TO–360, LTO–360, LTIO–360, O–480, Since an unsafe condition has been GO–480, IGO–480, GSO–480, IGSO–480, O– not have substantial direct effects on the 540 (except O–540–J1A5D, –J1C5D, –J2A5D, identified that is likely to exist or States, on the relationship between the –J3A5D, –J3C5D, –L3C5D), IO–540 (except develop on other engines of this same national government and the States, or IO–540–W1A5D, –W3A5D, –AB1A5), AEIO– type design, this AD supersedes AD 97– on the distribution of power and 540, TIO–540, LTIO–540, VO–540, IVO–540, 01–03 to require removal from service of responsibilities among the various TVO–540, TIVO–540, HIO–540, IGO–540, defective piston pins, and replacement levels of government. Therefore, in IGSO–540, TIO–541, TIGO–541, and IO–720 with serviceable parts. This AD adds accordance with Executive Order 12612, series reciprocating engines, that meet any additional affected engine models that it is determined that this final rule does one of the following conditions: 1. Engines with serial numbers (S/Ns) may have defective piston pins not have sufficient federalism installed, and references a revised listed in Textron Lycoming Mandatory implications to warrant the preparation Service Bulletin (SB) No. 527C, dated April service bulletin. The actions are of a Federalism Assessment. 18, 1997; or required to be accomplished in The FAA has determined that this 2. Engines that had Textron Lycoming accordance with the Mandatory SB regulation is an emergency regulation cylinder kits installed after December 15, described previously. that must be issued immediately to 1995; or Since a situation exists that requires correct an unsafe condition in aircraft, 3. Engines that have been overhauled, or the immediate adoption of this and is not a ‘‘significant regulatory had cylinder head maintenance performed, by a repair facility other than Textron regulation, it is found that notice and action’’ under Executive Order 12866. It opportunity for prior public comment Lycoming after December 15, 1995. has been determined further that this These engines are installed on but not hereon are impracticable, and that good action involves an emergency regulation cause exists for making this amendment limited to reciprocating engine powered under DOT Regulatory Policies and aircraft manufactured by Aerospatiale, effective in less than 30 days. Procedures (44 FR 11034, February 26, Bellanca, Cessna, The New Piper Company, Comments Invited 1979). If it is determined that this Beech, Schweizer, Maule, and Mooney. Although this action is in the form of emergency regulation otherwise would Note 1: A maintenance records check may be significant under DOT Regulatory allow an owner or operator to determine if a final rule that involves requirements this AD applies. affecting flight safety and, thus, was not Policies and Procedures, a final regulatory evaluation will be prepared Note 2: This airworthiness directive (AD) preceded by notice and an opportunity applies to each engine identified in the for public comment, comments are and placed in the Rules Docket. A copy preceding applicability provision, regardless invited on this rule. Interested persons of it, if filed, may be obtained from the of whether it has been modified, altered, or are invited to comment on this rule by Rules Docket at the location provided repaired in the area subject to the submitting such written data, views, or under the caption ADDRESSES. requirements of this AD. For engines that arguments as they may desire. have been modified, altered, or repaired so List of Subjects in 14 CFR Part 39 that the performance of the requirements of Communications should identify the Air transportation, Aircraft, Aviation this AD is affected, the owner/operator must Rules Docket number and be submitted request approval for an alternative method of in triplicate to the address specified safety, Incorporation by reference, Safety. compliance in accordance with paragraph (e) under the caption ADDRESSES. All of this AD. The request should include an communications received on or before Adoption of the Amendment assessment of the effect of the modification, the closing date for comments will be alteration, or repair on the unsafe condition Accordingly, pursuant to the addressed by this AD; and, if the unsafe considered, and this rule may be authority delegated to me by the amended in light of the comments condition has not been eliminated, the Administrator, the Federal Aviation request should include specific proposed received. Factual information that Administration amends part 39 of the actions to address it. supports the commenter’s ideas and Federal Aviation Regulations (14 CFR Compliance: Required as indicated, unless suggestions is extremely helpful in part 39) as follows: accomplished previously. evaluating the effectiveness of the AD To prevent piston pin failure, which could action and determining whether PART 39ÐAIRWORTHINESS result in engine failure, accomplish the additional rulemaking action would be DIRECTIVES following: needed. (a) No action is required for engines that Comments are specifically invited on 1. The authority citation for part 39 have been inspected in accordance with AD the overall regulatory, economic, continues to read as follows: 97–01–03. (b) For engines that have not been environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. the rule that might suggest a need to inspected in accordance with AD 97–01–03, modify the rule. All comments §39.13 [Amended] and with S/Ns listed in Textron Lycoming Mandatory SB No. 527C, dated April 18, submitted will be available, both before 2. Section 39.13 is amended by 1997, accomplish the following: and after the closing date for comments, removing Amendment 39-9874, (62 FR (1) Check the piston pin code in in the Rules Docket for examination by 307, January 3, 1997), corrected (62 FR accordance with Textron Lycoming SB No. interested persons. A report that 7671, February 20, 1997), and by adding 527C, dated April 18, 1997 in accordance summarizes each FAA-public contact a new airworthiness directive, with the following schedule: 40264 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
(i) For engines with 45 hours or more time This incorporation by reference was regulations is approved by the Director in service (TIS) since the engine was shipped approved by the Director of the Federal of the Federal Register as of September from Textron Lycoming, since overhaul, Register in accordance with 5 U.S.C. 552(a) 19, 1997. since installation of a cylinder kit, or since and 1 CFR part 51. Copies may be obtained installation of a replacement piston pin, as from Textron Lycoming, 652 Oliver St., ADDRESSES: Service information that applicable, accomplish within 5 hours TIS Williamsport, PA 17701; telephone (717) applies to this AD may be obtained from after the effective date of this AD. 327–7278, fax (717) 327–7022. Copies may be I.A.M. Rinaldo Piaggio, S.p.A., Via (ii) For engines with less than 45 hours TIS inspected at the FAA, New England Region, Cibrario, 4 16154 Genoa, Italy. This since the engine was shipped from Textron Office of the Assistant Chief Counsel, 12 New information may also be examined at Lycoming, since overhaul, since installation England Executive Park, Burlington, MA; or the Federal Aviation Administration of a cylinder kit, or since installation of a at the Office of the Federal Register, 800 (FAA), Central Region, Office of the replacement piston pin, as applicable, North Capitol Street, NW., suite 700, accomplish prior to accumulating 50 hours Assistant Chief Counsel, Attention: Washington, DC. Rules Docket 96–CE–56–AD, Room TIS since the applicable date. (h) This amendment becomes effective on (2) Remove from service piston pins, Part August 12, 1997. 1558, 601 E. 12th Street, Kansas City, Number (P/N) LW–14077, code 17328, and Missouri 64106; or at the Office of the Issued in Burlington, Massachusetts, on replace with serviceable piston pins. July 10, 1997. Federal Register, 800 North Capitol (c) For all other affected engines that have Street, NW., suite 700, Washington, DC. not been inspected in accordance with AD Ronald L. Vavruska, FOR FURTHER INFORMATION CONTACT: Mr. 97–01–03, determine if a suspect piston pin, Acting Manager, Engine and Propeller P/N LW–14077, code 17328 could have been Directorate, Aircraft Certification Service. Roman T. Gabrys, Project Officer, Small Airplane Directorate, Aircraft installed, in accordance with Textron [FR Doc. 97–19326 Filed 7–25–97; 8:45 am] Lycoming Mandatory SB No. 527C, dated Certification Service, FAA, 1201 BILLING CODE 4910±13±P April 18, 1997, and accomplish the Walnut, suite 900, Kansas City, Missouri following: 64106; telephone (816) 426–6934; (1) If it is determined that suspect piston facsimile (816) 426–2169. pins, P/N LW–14077, code 17328 could have DEPARTMENT OF TRANSPORTATION been installed, accomplish paragraphs (b)(1) SUPPLEMENTARY INFORMATION: Federal Aviation Administration and (b)(2) of this AD Events Leading to the Issuance of This (2) If it is determined that suspect piston pins, P/N LW–14077, code 17328 could not 14 CFR Part 39 AD have been installed, no further action is [Docket No. 96±CE±56±AD; Amendment 39± A proposal to amend part 39 of the required. 10088; AD 97±15±14] Federal Aviation Regulations (14 CFR (3) If it can not be determined if the part 39) to include an AD that would RIN 2120±AA64 suspect piston pins, P/N LW–14077, code apply to Piaggio Model P–180 airplanes 17328 were installed, accomplish paragraphs (b)(1) and (b)(2) of this AD. Airworthiness Directives; Industrie was published in the Federal Register (d) For the purpose of this AD, a Aeronautiche e Meccaniche Rinaldo on February 24, 1997 (62 FR 8196). The serviceable piston pin is a piston pin, P/N Piaggio S.p.A. Model P±180 Airplanes action proposed to require inspecting LW–14077, with a piston pin code of ‘‘BN’’ for cracks in the torque tube bottom or ‘‘71238.’’ Installation of a piston pin, P/N AGENCY: Federal Aviation flange, the fasteners, and vertical LW–14077, with a piston pin code of Administration, DOT. support pin of the rudder; and, if cracks ‘‘17328’’ is prohibited after the effective date ACTION: Final rule. are found, modifying the rudder torque of this AD. tube bottom flange assembly by (e) An alternative method of compliance or SUMMARY: This amendment adopts a adjustment of the compliance time that replacing the cracked part with a part of new airworthiness directive (AD) that improved design. If no cracks are found, provides an acceptable level of safety may be applies to Industrie Aeronautiche e used if approved by the Manager, New York the proposed action would require Aircraft Certification Office. Operators shall Meccaniche Rinaldo Piaggio S.p.A. repetitively inspecting the area until submit their requests through an appropriate (Piaggio) Model P–180 airplanes. This cracks appear and then modifying the FAA Maintenance Inspector, who may add action requires inspecting for cracks rudder torque tube bottom flange comments and then send it to the Manager, around the vertical pin and the torque assembly (part number (P/N) 80– New York Aircraft Certification Office. tube bottom flange of the rudder, and 373108–103 or an FAA approved Note 3: Information concerning the the fasteners that connect the torque equivalent) by replacing the cracked existence of approved alternative methods of tube to the bottom flange (torque tube part with a part of improved design (P/ compliance with this airworthiness directive, bottom flange assembly). If cracks are if any, may be obtained from the New York N 80–373201–001 or an FAA approved not found, repetitively inspect until equivalent). Accomplishment of the Aircraft Certification Office. cracks are visible. If cracks are evident, (f) Special flight permits may be issued in proposed modification would be in this action requires modifying the accordance with Piaggio Service accordance with sections 21.197 and 21.199 rudder torque tube bottom flange of the Federal Aviation Regulations (14 CFR Bulletin (SB) 80–0076, ORIGINAL 21.197 and 21.199) to operate the aircraft to assembly by replacing the cracked part ISSUE: May 30, 1995. a location where the requirements of this AD with a part of improved design, which Interested persons have been afforded can be accomplished. terminates the repetitive inspection. an opportunity to participate in the (g) The actions required by this AD shall This AD is the result of several reports making of this amendment. No be done in accordance with the following of fatigue cracks around the pin that comments were received on the Textron Lycoming Mandatory SB: vertically supports the rudder axle. The proposed rule or the FAA’s actions specified by this AD are determination of the cost to the public. Document No. Pages Date intended to prevent fatigue cracks in the The FAA’s Determination 527C ...... 1±4 April 18, 1997. rudder torque tube bottom flange, which Attachment I ...... 1±6 April 18, 1997. could result in loss of rudder control After careful review of all available Attachment II ..... 1 April 18, 1997. and possible loss of the airplane. information, including the service DATES: Effective September 19, 1997. information related to the subject Total ...... 11 The incorporation by reference of presented above, the FAA has certain publications listed in the determined that air safety and the Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40265 public interest require the adoption of on the distribution of power and been eliminated, the request should include the rule as proposed except for minor responsibilities among the various specific proposed actions to address it. editorial corrections. The FAA has levels of government. Therefore, in Compliance: Required within the next 100 determined that these minor corrections accordance with Executive Order 12612, hours time-in-service (TIS) after the effective will not change the meaning of the AD it is determined that this final rule does date of this AD, unless already accomplished, and will not add any additional burden not have sufficient federalism and thereafter as indicated in the body of this upon the public than was already implications to warrant the preparation AD. proposed. of a Federalism Assessment. To prevent fatigue cracks in the rudder For the reasons discussed above, I Differences Between the AD, Service torque tube bottom flange assembly, which certify that this action (1) is not a Bulletin, and RAI AD could result in loss of rudder control and ‘‘significant regulatory action’’ under possible loss of the airplane, accomplish the I.A.M. Rinaldo Piaggio SB 80–0076, Executive Order 12866; (2) is not a following: Original Issue May 30, 1995, and the ‘‘significant rule’’ under DOT (a) Inspect the torque tube bottom flange RAI AD No. 95–183, dated July 3, 1995, Regulatory Policies and Procedures (44 assembly of the rudder for cracks (using a specify repetitively inspecting every 500 FR 11034, February 26, 1979); and (3) dye penetrant method) and visually inspect hours time-in-service (TIS) using a dye will not have a significant economic for cracks in the fasteners that connect the penetrant method, and if the crack impact, positive or negative, on a torque tube to the bottom flange. lengths are greater than 6 mm, the part substantial number of small entities Note 2: The inspection in Part A of the must be replaced prior to further flight. under the criteria of the Regulatory Compliance section of Piaggio Service If the crack lengths are greater than 3 Flexibility Act. A copy of the final Bulletin (SB) 80–0076, ORIGINAL ISSUE: mm, but less than 6 mm, the part must evaluation prepared for this action is May 30, 1995, uses different criteria than the be replaced within the next 50 hours contained in the Rules Docket. A copy inspection required in paragraph (a) of this TIS; and, if the cracks are less than 3 of it may be obtained by contacting the AD. This AD takes precedence over Piaggio mm, then the parts must be replaced Rules Docket at the location provided SB 80–0076. within the next 100 hours TIS. under the caption ADDRESSES. The FAA has established a policy to (b) If cracks are found, prior to further disallow airplane operation when List of Subjects in 14 CFR Part 39 flight, modify the rudder torque tube bottom flange assembly by replacing the cracked part known cracks exist in primary structure, Air transportation, Aircraft, Aviation with a part of improved design in accordance unless the ability to sustain ultimate safety, Incorporation by reference, with Part B and Attachment #1 of the load with these cracks is proven. The Safety. ACCOMPLISHMENT INSTRUCTIONS of torque tube bottom flange, the fasteners, Adoption of the Amendment Piaggio SB 80–0076, ORIGINAL ISSUE: May and the vertical support pin in the 30, 1995. rudder (torque tube bottom flange Accordingly, pursuant to the assembly) are considered primary authority delegated to me by the (c) If no cracks are found, continue to structure, and the FAA has not received Administrator, the Federal Aviation inspect at intervals not to exceed 100 hours any analysis to prove that ultimate load Administration amends part 39 of the TIS thereafter, until cracks appear. If cracks can be sustained with cracks in this Federal Aviation Regulations (14 CFR appear during any inspection required by area. For this reason, the FAA has part 39) as follows: this AD, prior to further flight, modify the determined that AD action should be rudder torque tube bottom flange assembly taken to require replacement of any PART 39ÐAIRWORTHINESS by replacing the cracked part with a part of cracked torque tube bottom flange DIRECTIVES improved design in accordance with Part B and Attachment #1 of the assembly in the rudder. 1. The authority citation for part 39 ACCOMPLISHMENT INSTRUCTIONS of Cost Impact continues to read as follows: Piaggio SB 80–0076, ORIGINAL ISSUE: May The FAA estimates that 4 airplanes in Authority: 49 USC 106(g), 40113, 44701. 30, 1995. (d) Modifying the rudder torque tube the U.S. registry will be affected by this §39.13 [Amended] AD, that it will take approximately 6 bottom flange assembly by replacing torque 2. Section 39.13 is amended by tube bottom flange assembly with an workhours per airplane to accomplish adding a new airworthiness directive improved torque tube bottom flange assembly the initial inspection and that the (AD) to read as follows: as specified in paragraphs (b) and (c) of this average labor rate is approximately $60 97–15–14 Industrie Aeronautiche E AD is considered a terminating action for the an hour. Parts are not accounted for in repetitive inspections required in paragraph this cost analysis because, on some Meccaniche Rinaldo PIAGGIO S.P.A. (PIAGGIO): Amendment No. 39–10088; (c) of this AD. airplanes, cracks may never be Docket No. 96–CE–56–AD. (e) Special flight permits may be issued in discovered during one of these Applicability: Model P–180 airplanes (all accordance with sections 21.197 and 21.199 inspections. Based on these figures, the serial numbers), certificated in any category. of the Federal Aviation Regulations (14 CFR total cost impact of the AD on U.S. Note 1: This AD applies to the airplane 21.197 and 21.199) to operate the airplane to operators is estimated to be $1,440 identified in the preceding applicability a location where the requirements of this AD ($360 per airplane). The FAA is not provision, regardless of whether it has been can be accomplished. taking into account the cost for the modified, altered, or repaired in the area (f) An alternative method of compliance or repetitive inspections because there is subject to the requirements of this AD. For adjustment of the initial or repetitive no way to determine the number of the airplane that has been modified, altered, compliance times that provides an equivalent repetitive inspections that will be or repaired so that the performance of the level of safety may be approved by the requirements of this AD are affected, the incurred over the life of the airplane. Manager, Small Airplane Directorate, Aircraft owner/operator must request approval for an Certification Service, FAA, 1201 Walnut, Regulatory Impact alternative method of compliance in accordance with paragraph (g) of this AD. suite 900, Kansas City, Missouri 64106. The The regulations adopted herein will The request should include an assessment of request shall be forwarded through an not have substantial direct effects on the the effect of the modification, alteration, or appropriate FAA Maintenance Inspector, States, on the relationship between the repair on the unsafe condition addressed by who may add comments and then send it to national government and the States, or this AD; and, if the unsafe condition has not the Manager, Small Airplane Directorate. 40266 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
Note 3: Information concerning the The incorporation by reference of Regulatory Impact existence of approved alternative methods of certain publications listed in the compliance with this AD, if any, may be The regulations adopted herein will regulations is approved by the Director not have substantial direct effects on the obtained from the Small Airplane of the Federal Register as of September Directorate. States, on the relationship between the 2, 1997. (g) The inspections, modification, and national government and the States, or replacement required by this AD shall be ADDRESSES: The service information on the distribution of power and done in accordance with Piaggio Service referenced in this AD may be obtained responsibilities among the various Bulletin 80–0076, ORIGINAL ISSUE: May 30, from SAAB Aircraft AB, SAAB Aircraft levels of government. Therefore, in 1995. This incorporation by reference was Product Support, S–581.88, Linko¨ping, accordance with Executive Order 12612, approved by the Director of the Federal Sweden. This information may be it is determined that this final rule does Register in accordance with 5 U.S.C. 552(a) not have sufficient federalism and 1 CFR part 51. Copies of this service examined at the Federal Aviation bulletin may be obtained from Industrie Administration (FAA), Transport implications to warrant the preparation Aeronautiche e Meccaniche Rinaldo Piaggio Airplane Directorate, Rules Docket, of a Federalism Assessment. S.p.A., Via Ciobrario, 4 16154 Genoa, Italy. 1601 Lind Avenue, SW., Renton, For the reasons discussed above, I Copies of this document may be inspected at Washington; or at the Office of the certify that this action (1) is not a the FAA, Central Region, Office of the Federal Register, 800 North Capitol ‘‘significant regulatory action’’ under Assistant Chief Counsel, Room 1558, 601 E. Street, NW., suite 700, Washington, DC. Executive Order 12866; (2) is not a 12th Street, Kansas City, Missouri, or at the ‘‘significant rule’’ under DOT Office of the Federal Register, 800 North FOR FURTHER INFORMATION CONTACT: Regulatory Policies and Procedures (44 Capitol Street, NW., suite 700, Washington, Ruth Harder, Aerospace Engineer, FR 11034, February 26, 1979); and (3) DC. Standardization Branch, ANM–113, will not have a significant economic (h) This amendment (39–10088) becomes FAA, Transport Airplane Directorate, effective on September 19, 1997. impact, positive or negative, on a 1601 Lind Avenue, SW., Renton, substantial number of small entities Issued in Kansas City, Missouri, on July 16, Washington 98055–4056; telephone 1997. under the criteria of the Regulatory (425) 227–1721; fax (425) 227–1149. Carolanne L. Cabrini, Flexibility Act. A final evaluation has been prepared for this action and it is Acting Manager, Small Airplane Directorate, SUPPLEMENTARY INFORMATION: A Aircraft Certification Service. proposal to amend part 39 of the Federal contained in the Rules Docket. A copy of it may be obtained from the Rules [FR Doc. 97–19439 Filed 7–25–97; 8:45 am] Aviation Regulations (14 CFR part 39) to Docket at the location provided under BILLING CODE 4910±13±U include an airworthiness directive (AD) that is applicable to certain Saab Model the caption ADDRESSES. SAAB 2000 series airplanes was List of Subjects in 14 CFR Part 39 DEPARTMENT OF TRANSPORTATION published in the Federal Register on April 30, 1997 (62 FR 23402). That Air transportation, Aircraft, Aviation Federal Aviation Administration action proposed to require replacing the safety, Incorporation by reference, Abex alternating current (AC) electric Safety. 14 CFR Part 39 motor with a new modified Abex AC Adoption of the Amendment [Docket No. 96±NM±221±AD; Amendment electric motor having an improved fan. Accordingly, pursuant to the 39±10089; AD 97±15±17] Interested persons have been afforded authority delegated to me by the RIN 2120±AA64 an opportunity to participate in the Administrator, the Federal Aviation making of this amendment. No Administration amends part 39 of the Airworthiness Directives; Saab Model comments were submitted in response Federal Aviation Regulations (14 CFR SAAB 2000 Series Airplanes to the proposal or the FAA’s part 39) as follows: determination of the cost to the public. AGENCY: Federal Aviation The FAA has determined that air safety PART 39ÐAIRWORTHINESS Administration, DOT. and the public interest require the DIRECTIVES ACTION: Final rule. adoption of the rule as proposed. 1. The authority citation for part 39 SUMMARY: This amendment adopts a Cost Impact continues to read as follows: new airworthiness directive (AD), Authority: 49 U.S.C. 106(g), 40113, 44701. applicable to certain Saab Model SAAB The FAA estimates that 2 Saab Model 2000 series airplanes, that requires SAAB 2000 series airplanes of U.S. § 39.13 [Amended] replacing the Abex alternating current registry will be affected by this AD, that 2. Section 39.13 is amended by (AC) electric motor with a new modified it will take approximately 8 work hours adding the following new airworthiness Abex AC electric motor having an per airplane to accomplish the required directive: actions, and that the average labor rate improved fan. This amendment is 97–15–17 SAAB Aircraft SB: Amendment prompted by reports indicating that the is $60 per work hour. Required parts 39–10089. Docket 96–NM–221–AD. will be provided by the manufacturer at integrated hydraulic package (IHP) unit Applicability: Model SAAB 2000 series stopped functioning during flight no cost to operators. Based on these airplanes, serial numbers –004 through –029 because the fan on the AC electric motor figures, the cost impact of the AD on inclusive; certificated in any category. came into contact with the housing of U.S. operators is estimated to be $960, Note 1: This AD applies to each airplane the motor due to inadequate clearance. or $480 per airplane. identified in the preceding applicability The actions specified by this AD are The cost impact figure discussed provision, regardless of whether it has been intended to prevent loss of IHP above is based on assumptions that no otherwise modified, altered, or repaired in function, which, if combined with other operator has yet accomplished any of the area subject to the requirements of this hydraulic system failures, could result AD. For airplanes that have been modified, the requirements of this AD action, and altered, or repaired so that the performance in reduced controllability of the that no operator would accomplish of the requirements of this AD is affected, the airplane. those actions in the future if this AD owner/operator must request approval for an DATES: Effective September 2, 1997. were not adopted. alternative method of compliance in Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40267 accordance with paragraph (c) of this AD. Issued in Renton, Washington, on July 18, The service information referenced in The request should include an assessment of 1997. this AD may be obtained from AI(R) the effect of the modification, alteration, or Gary L. Killion, American Support, Inc., 13850 Mclearen repair on the unsafe condition addressed by Acting Manager, Transport Airplane Road, Herndon, Virginia 20171. This this AD; and, if the unsafe condition has not Directorate, Aircraft Certification Service. information may be examined at the been eliminated, the request should include [FR Doc. 97–19472 Filed 7–25–97; 8:45 am] specific proposed actions to address it. FAA, Transport Airplane Directorate, BILLING CODE 4910±13±U 1601 Lind Avenue, SW., Renton, Compliance: Required as indicated, unless Washington; or at the Office of the accomplished previously. To prevent loss of the integrated hydraulic Federal Register, 800 North Capitol package (IHP) function, which, if combined DEPARTMENT OF TRANSPORTATION Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Bud with other hydraulic system failures, could Federal Aviation Administration result in reduced controllability of the Schroeder, Aerospace Engineer, ANM– airplane, accomplish the following: 14 CFR Part 39 113, FAA, Transport Airplane (a) Within 4 months after the effective date Directorate, 1601 Lind Avenue, SW., of this AD, replace the Abex alternating [Docket No. 97±NM±137±AD; Amendment Renton, Washington 98055–4056; current (AC) electric motor with a new 39±10090; AD 97±16±01] telephone (425) 227–2148; fax (425) modified Abex AC electric motor having an 227–1149. improved fan, in accordance with Saab RIN 2120±AA64 Service Bulletin 2000–29–004, dated SUPPLEMENTARY INFORMATION: The Civil September 18, 1995, including Attachment 1 Airworthiness Directives; British Aviation Authority (CAA), which is the (Abex NWL Service Bulletin 42103–29–232, Aerospace (Jetstream) Model 4101 airworthiness authority for the United dated August 23, 1995) and Attachment 2 Airplanes Kingdom, recently notified the FAA that (Abex NWL Service Bulletin 4208901–29– an unsafe condition may exist on certain AGENCY: Federal Aviation 232, dated September 15, 1995). British Aerospace (Jetstream) Model Administration, DOT. (b) As of the effective date of this AD, no 4101 airplanes. The CAA advises that, person shall install an Abex AC electrical ACTION: Final rule; request for during full-scale fatigue tests on a motor, part number (P/N) 42103, Model comments. Jetstream Model 4101 test article, HPS1VC–02; or an Abex AC electrical motor, cracking was found in the roller guide P/N 4208901, Model HPS1VC–01–01; on any SUMMARY: This amendment adopts a shear cleats of the passenger door. Such airplane. new airworthiness directive (AD) that is cracking also was found during in- (c) An alternative method of compliance or applicable to certain British Aerospace service maintenance inspections. This adjustment of the compliance time that (Jetstream) Model 4101 airplanes. This cracking is attributed to fatigue-related provides an acceptable level of safety may be action requires repetitive detailed visual used if approved by the Manager, stress. Fatigue-related cracking in the inspections to detect cracks of the shear Standardization Branch, ANM–113, FAA, roller guide shear cleats of the passenger cleats of the roller guide structural Transport Airplane Directorate. Operators door, if not detected and corrected in a support of the passenger door, and shall submit their requests through an timely manner, could result in replacement of any cracked shear cleat appropriate FAA Principal Maintenance structural failure of the passenger door, Inspector, who may add comments and then with a new shear cleat. This action also and consequent rapid depressurization send it to the Manager, Standardization provides for an optional terminating of the airplane or loss of the passenger Branch, ANM–113. modification that constitutes door while the airplane is in flight. Note 2: Information concerning the terminating action for the repetitive existence of approved alternative methods of inspections. This amendment is Explanation of Relevant Service compliance with this AD, if any, may be prompted by a report indicating that Information obtained from the Standardization Branch, fatigue cracking was found in the roller ANM–113. British Aerospace has issued guide shear cleats of the passenger door. Jetstream Alert Service Bulletin J41– (d) Special flight permits may be issued in The actions specified in this AD are accordance with sections 21.197 and 21.199 A52–043, Revision 2, dated May 6, intended to detect and correct such 1997, which describes procedures for of the Federal Aviation Regulations (14 CFR fatigue-related cracking, which could 21.197 and 21.199) to operate the airplane to repetitive detailed visual inspections to a location where the requirements of this AD result in structural failure of the detect cracks of the roller guide shear can be accomplished. passenger door, and consequent rapid cleats of the passenger door. The service (e) The replacement shall be done in depressurization of the airplane or loss bulletin also describes procedures for accordance with Saab Service Bulletin 2000– of the passenger door while the airplane replacement of any cracked shear cleat 29–004, dated September 18, 1995, including is in flight. with a new shear cleat. The CAA Attachment 1 (Abex NWL Service Bulletin DATES: Effective August 12, 1997. 42103–29–232, dated August 23, 1995) and classified the alert service bulletin as The incorporation by reference of mandatory and issued British Attachment 2 (Abex NWL Service Bulletin certain publications listed in the 4208901–29–232, dated September 15, 1995). airworthiness directive 003–03–97 in This incorporation by reference was regulations is approved by the Director order to assure the continued approved by the Director of the Federal of the Federal Register as of August 12, airworthiness of these airplanes in the Register in accordance with 5 U.S.C. 552(a) 1997. United Kingdom. and 1 CFR part 51. Copies may be obtained Comments for inclusion in the Rules British Aerospace also has issued from SAAB Aircraft AB, SAAB Aircraft Docket must be received on or before Jetstream Service Bulletin J41–52–050, Product Support, S–581.88, Linko¨ping, September 26, 1997. dated May 6, 1997. The service bulletin Sweden. Copies may be inspected at the ADDRESSES: Submit comments in describes procedures for modification of FAA, Transport Airplane Directorate, 1601 triplicate to the Federal Aviation the passenger door, which will Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Administration (FAA), Transport eliminate the need for repetitive Capitol Street, NW., suite 700, Washington, Airplane Directorate, ANM–103, detailed visual inspections. The DC. Attention: Rules Docket No. 97–NM– modification involves installation of a (f) This amendment becomes effective on 137–AD, 1601 Lind Avenue, SW., one-piece machined abutment fitting to September 2, 1997. Renton, Washington 98055–4056. replace the existing roller guide 40268 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations intercostal and loose shear cleats of the the review, if certain crack size limits additional rulemaking action would be passenger door. The modification will are strictly observed, and corrective needed. strengthen the structural support of the action is taken to replace all cracked Comments are specifically invited on roller guides of the passenger door, shear cleats within a certain number of the overall regulatory, economic, which will minimize the possibility of landings, the cracks will not grow to a environmental, and energy aspects of fatigue cracking in the roller guide size that would create an unacceptable the rule that might suggest a need to support structure. risk of structural failure. The CAA modify the rule. All comments concurs with the findings of this review. FAA’s Conclusions submitted will be available, both before In consideration of these findings and and after the closing date for comments, This airplane model is manufactured based on the FAA’s criteria for flight in the Rules Docket for examination by in the United Kingdom and is type with known cracking, the FAA has interested persons. A report that certificated for operation in the United determined that further flight when one summarizes each FAA-public contact States under the provisions of section roller guide shear cleat of the passenger concerned with the substance of this AD 21.29 of the Federal Aviation door is cracked within certain limits is will be filed in the Rules Docket. Regulations (14 CFR 21.29) and the permissible for an interim period. Commenters wishing the FAA to applicable bilateral airworthiness However, the FAA has determined that acknowledge receipt of their comments agreement. Pursuant to this bilateral further flight with widespread (i.e., submitted in response to this rule must airworthiness agreement, the CAA has more than one crack) known cracking is submit a self-addressed, stamped kept the FAA informed of the situation not permitted. Therefore, for cases postcard on which the following described above. The FAA has where more than one cracked shear statement is made: ‘‘Comments to examined the findings of the CAA, cleat is detected within certain limits, Docket Number 97–NM–137–AD.’’ The reviewed all available information, and this AD requires replacement of all determined that AD action is necessary postcard will be date stamped and cracked shear cleats prior to further returned to the commenter. for products of this type design that are flight. certificated for operation in the United Regulatory Impact States. Interim Action The FAA is considering further The regulations adopted herein will Explanation of Requirements of Rule rulemaking action to supersede this AD not have substantial direct effects on the Since an unsafe condition has been to require the accomplishment of the States, on the relationship between the identified that is likely to exist or optional terminating modification national government and the States, or develop on other airplanes of the same currently specified in this AD. However, on the distribution of power and type design registered in the United the planned compliance time for responsibilities among the various States, this AD is being issued to detect accomplishment of that action is levels of government. Therefore, in and correct fatigue-related cracking in sufficiently long so that prior notice and accordance with Executive Order 12612, the shear cleats of the roller guide time for public comment will be it is determined that this final rule does structural support of the passenger door, practicable. not have sufficient federalism which could result in structural failure implications to warrant the preparation of the passenger door, and consequent Determination of Rule’s Effective Date of a Federalism Assessment. rapid depressurization of the airplane or Since a situation exists that requires The FAA has determined that this loss of the passenger door while the the immediate adoption of this regulation is an emergency regulation airplane is in flight. This AD requires regulation, it is found that notice and that must be issued immediately to repetitive detailed visual inspections to opportunity for prior public comment correct an unsafe condition in aircraft, detect cracks of the roller guide shear hereon are impracticable, and that good and that it is not a ‘‘significant cleats of the passenger door, and cause exists for making this amendment regulatory action’’ under Executive replacement of any cracked shear cleat effective in less than 30 days. Order 12866. It has been determined with a new shear cleat. This AD also further that this action involves an Comments Invited provides for an optional terminating emergency regulation under DOT modification that constitutes Although this action is in the form of Regulatory Policies and Procedures (44 terminating action for the repetitive a final rule that involves requirements FR 11034, February 26, 1979). If it is inspection requirements. The actions affecting flight safety and, thus, was not determined that this emergency are required to be accomplished in preceded by notice and an opportunity regulation otherwise would be accordance with the service bulletins for public comment, comments are significant under DOT Regulatory described previously. invited on this rule. Interested persons Policies and Procedures, a final are invited to comment on this rule by regulatory evaluation will be prepared Differences Between the AD and the submitting such written data, views, or and placed in the Rules Docket. A copy Related Foreign AD arguments as they may desire. of it, if filed, may be obtained from the Operators should note that, while it is Communications shall identify the Rules Docket at the location provided not the FAA’s normal policy to allow Rules Docket number and be submitted under the caption ADDRESSES. flight with known cracks, this AD does in triplicate to the address specified List of Subjects in 14 CFR Part 39 permit further flight when one roller under the caption ADDRESSES. All guide shear cleat of the passenger door communications received on or before Air transportation, Aircraft, Aviation is cracked within certain limits. The the closing date for comments will be safety, Incorporation by reference, results of a review, conducted by the considered, and this rule may be Safety. manufacturer, shows that the subject amended in light of the comments Adoption of the Amendment passenger door continues to comply received. Factual information that with the applicable certification basis supports the commenter’s ideas and Accordingly, pursuant to the when cracking in all eight of roller suggestions is extremely helpful in authority delegated to me by the guide shear cleats does not exceed evaluating the effectiveness of the AD Administrator, the Federal Aviation certain limits. Therefore, according to action and determining whether Administration amends part 39 of the Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40269
Federal Aviation Regulations (14 CFR (1) If one cracked shear cleat is detected, Issued in Renton, Washington, on July 21, part 39) as follows: and the crack is greater than 0.50 inches, 1997. prior to further flight, replace the cracked D. L. Riggin, PART 39ÐAIRWORTHINESS shear cleat with a new shear cleat in Acting Manager, Transport Airplane DIRECTIVES accordance with the alert service bulletin. Directorate, Aircraft Certification Service. (2) If one cracked shear cleat is detected, [FR Doc. 97–19599 Filed 7–25–97; 8:45 am] 1. The authority citation for part 39 and the crack is less than or equal to 0.50 BILLING CODE 4910±13±U continues to read as follows: inches, within 170 landings following accomplishment of the inspection required Authority: 49 U.S.C. 106(g), 40113, 44701. by this paragraph, replace the cracked shear cleat with a new shear cleat in accordance § 39.13 [Amended] DEPARTMENT OF THE TREASURY with the alert service bulletin. 2. Section 39.13 is amended by (3) If more than one cracked shear cleat is Internal Revenue Service adding the following new airworthiness detected, but no single crack is greater than directive: 0.50 inches in length, prior to further flight, 26 CFR Part 1 replace all cracked shear cleats with new [TD 8145] 97–16–01 British Aerospace Regional shear cleats, in accordance with the alert Aircraft [Formerly Jetstream Aircraft service bulletin. Income Tax; Allocation of Interest Limited, British Aerospace (Commercial (b) For airplanes on which all shear cleats Aircraft) Limited]: Amendment 39– have been replaced: Inspect as required by Expense Among Expenditures; 10090. Docket 97–NM–137–AD. paragraph (a) of this AD, prior to the Correction Applicability: Jetstream Model 4101 accumulation of 6,000 total landings on the AGENCY: Internal Revenue Service (IRS), airplanes, constructors numbers 41004 highest time new shear cleat, or within 60 Treasury. through 41099 inclusive, certificated in any days after the effective date of this AD, category. whichever occurs later. Repeat the detailed ACTION: Correcting amendment. Note 1: This AD applies to each airplane visual inspection thereafter at intervals not to SUMMARY: This document contains a identified in the preceding applicability exceed 1,500 landings. provision, regardless of whether it has been (c) Modification of the passenger door (i.e. correction to temporary regulations (TD otherwise modified, altered, or repaired in Modification No. JM41576) in accordance 8145), which were published in the the area subject to the requirements of this with Jetstream Service Bulletin J41–52–050, Federal Register on Thursday, July 2, AD. For airplanes that have been modified, dated May 6, 1997, constitutes terminating 1987 (52 FR 24996) relating to the altered, or repaired so that the performance action for the repetitive inspection allocation of interest expense among a of the requirements of this AD is affected, the requirements of paragraphs (a) and (b) of this taxpayer’s expenditures. owner/operator must request approval for an AD. EFFECTIVE DATE: July 2, 1987. alternative method of compliance in (d) An alternative method of compliance or accordance with paragraph (d) of this AD. adjustment of the compliance time that FOR FURTHER INFORMATION CONTACT: John The request should include an assessment of provides an acceptable level of safety may be Fischer, (202) 622–4950, (not a toll-free the effect of the modification, alteration, or used if approved by the Manager, number). repair on the unsafe condition addressed by Standardization Branch, ANM–113, FAA, SUPPLEMENTARY INFORMATION: this AD; and, if the unsafe condition has not Transport Airplane Directorate. Operators been eliminated, the request should include shall submit their requests through an Background specific proposed actions to address it. appropriate FAA Principal Maintenance The temporary regulations that are the Compliance: Required as indicated, unless Inspector, who may add comments and then send it to the Manager, Standardization subject of this correction are under accomplished previously. section 163 of the Internal Revenue To detect and correct fatigue-related Branch, ANM–113. cracking in the shear cleats of the roller guide Note 3: Information concerning the Code. structural support of the passenger door, existence of approved alternative methods of Need for Correction which could result in structural failure of the compliance with this AD, if any, may be passenger door, and consequent rapid obtained from the Standardization Branch, As published, temporary regulations depressurization of the airplane or loss of the ANM–113. (TD 8145) contains an error which may passenger door while the airplane is in flight, (e) Special flight permits may be issued in prove to be misleading and is in need accomplish the following: accordance with sections 21.197 and 21.199 of clarification. (a) Except as provided by paragraph (b) of of the Federal Aviation Regulations (14 CFR List of Subjects in 26 CFR Part 1 this AD: Prior to the accumulation of 6,000 21.197 and 21.199) to operate the airplane to landings, or within 60 days after the effective a location where the requirements of this AD Income taxes, Reporting and date of this AD, whichever occurs later, can be accomplished. recordkeeping requirements. perform a detailed visual inspection to detect (f) The inspections shall be done in cracks of the shear cleats of the roller guide accordance with Jetstream Alert Service Correcting Amendment to Regulations structural support of the passenger door, in Bulletin J41–A52–043, Revision 2, dated May Accordingly, 26 CFR part 1 is accordance with Part 1 of the 6, 1997. The modification shall be done in corrected by making the following Accomplishment Instructions of Jetstream accordance with Jetstream Service Bulletin correcting amendment: Alert Service Bulletin J41–A52–043, Revision J41–52–050, dated May 6, 1997. This 2, dated May 6, 1997. Repeat the detailed incorporation by reference was approved by PART 1ÐINCOME TAXES visual inspection, as specified in Part 2 of the the Director of the Federal Register in Accomplishment Instructions of the alert accordance with 5 U.S.C. 552(a) and 1 CFR Paragraph 1. The authority citation service bulletin, thereafter at intervals not to part 51. Copies may be obtained from AI(R) for part 1 continues to read in part as exceed 1,500 landings. American Support, Inc., 13850 Mclearen follows: Note 2: Accomplishment of the initial Road, Herndon, Virginia 20171. Copies may detailed visual inspection prior to the be inspected at the FAA, Transport Airplane Authority: 26 U.S.C. 7805 * * * effective date of this AD in accordance with Directorate, 1601 Lind Avenue, SW., Renton, § 1.163±8T [Corrected] Jetstream Alert Service Bulletin J41–52–043, Washington; or at the Office of the Federal dated March 14, 1997, or Revision 1, dated Register, 800 North Capitol Street, NW., suite Par. 2. In § 1.163–8T, paragraph (e) April 11, 1997, is considered acceptable for 700, Washington, DC. immediately following Example (2) in compliance with the initial inspection (g) This amendment becomes effective on paragraph (c)(2)(iii) is redesignated as required by paragraph (a) of this AD. August 12, 1997. paragraph (c)(3) to read as follows: 40270 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
§ 1.163±8T Allocation of interest expense 2. On page 25505, column 3, in the Dated: July 21, 1997. among expenditures (temporary). preamble, under the paragraph heading Michael J. Gaines, * * * * * ‘‘F. Effective Dates’’, the last line, the Chairman, U.S. Parole Commission. (c) * * * language ‘‘issued before July 8, 1997.’’ is [FR Doc. 97–19708 Filed 7–25–97; 8:45 am] (3) Allocation of debt; proceeds not corrected to read ‘‘sold before July 8, BILLING CODE 4410±01±P disbursed to borrower—(i) Third-party 1997.’’. financing. * * * Cynthia E. Grigsby, * * * * * Chief, Regulations Unit, Assistant Chief DEPARTMENT OF TRANSPORTATION Cynthia E. Grigsby, Counsel (Corporate). Chief, Regulations Unit, Assistant Chief [FR Doc. 97–19815 Filed 7–25–97; 8:45 am] Coast Guard Counsel (Corporate). BILLING CODE 4830±01±U [FR Doc. 97–19702 Filed 7–25–97; 8:45 am] 33 CFR Part 164 BILLING CODE 4830±01±P [CGD 97±034] DEPARTMENT OF JUSTICE RIN 2115±AF46 DEPARTMENT OF THE TREASURY Parole Commission Radar Requirements for Towing Internal Revenue Service 28 CFR Part 2 Vessels 300 Gross Tons or More AGENCY: Coast Guard, DOT. 26 CFR Part 1 Paroling, Recommitting, and ACTION: Final rule. [TD 8718] Supervising Federal Prisoners: Transfer Treaty Cases SUMMARY: On July 3, 1996, the Coast RIN 1545±AS49 AGENCY: United States Parole Guard published a final rule requiring Arbitrage Restrictions on Tax-Exempt Commission, Justice. certain towing vessels of 12 meters (39.4 feet) or more in length, operating in the Bonds; Correction ACTION: Final rule; correction. navigable waters of the United States AGENCY: Internal Revenue Service (IRS), SUMMARY: U.S. Parole Commission is other than the St. Lawrence Seaway, to Treasury. correcting its regulation concerning be equipped with a marine radar. This ACTION: Correction to final regulations. prisoners transferred pursuant to a final rule included a provision requiring, in some cases, towing vessels SUMMARY: This document contains treaty to remove one redundant word. of 300 tons gross tonnage or more to corrections to final regulations (TD The intended effect is to improve the have a radar that is azimuth stabilized. 8718) which were published in the clarity of the regulation. The Parole This requirement is scheduled to go into Federal Register on Friday, May 9, 1997 Commission is also correcting the effect on August 2, 1997. Following (62 FR 25502). The final regulations regulation to reflect the reduction in the issuance of the final rule, the Coast relate to arbitrage and related number of hearing officers necessary to restrictions applicable to tax-exempt conduct a parole hearing. The reduction Guard received comments expressing bonds issued by State and local was originally made in the final rule concern about the need for and the governments. published on July 25, 1996 (61 FR expense of this requirement on vessels operating on inland routes. After DATES: This correction is effective May 38569). reviewing this requirement with respect 9, 1997. EFFECTIVE DATE: July 28, 1997. to towing vessels on inland waters, the FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Coast Guard is issuing a final rule which Pamela A. Posch, Office of General David White, (202) 622–3980 (not a toll- revises the radar requirement for a Counsel, U.S. Parole Commission, 5550 free number). towing vessel of 300 tons gross tonnage Friendship Blvd., Chevy Chase, SUPPLEMENTARY INFORMATION: or more engaged in towing on Western Maryland 20815, telephone (301) 492– rivers and U.S. navigable waters other Background 5959. than Western rivers. The final regulations that are the List of Subjects in 28 CFR Part 2 DATES: This rule is effective on July 28, subject of these corrections are under 1997. section 148 of the Internal Revenue Administrative practice and ADDRESSES: Documents as indicated in Code. procedure, Probation and parole. Accordingly, 28 CFR Part 2 is this preamble are available for Need for Correction amended as follows: inspection or copying at the office of the As published, the final regulations Executive Secretary, Marine Safety (TD 8718) contain errors that may prove PART 2Ð[AMENDED] Council (G–LRA/3406), U.S. Coast Guard Headquarters, 2100 Second Street to be misleading and are in need of 1. The authority citation for 28 CFR clarification. SW., Washington, DC 20593–0001, Part 2 continues to read as follows: between 9:30 a.m. and 2 p.m., Monday Correction of Publication Authority: 18 U.S.C. 4203(a)(1) and through Friday, except Federal holidays. Accordingly, the publication of final 4204(a)(6). The telephone number is 202–267– regulations (TD 8718) which are the 1477. subject of FR Doc. 97–12062 is corrected § 2.62 [Amended] FOR FURTHER INFORMATION CONTACT: Mr. as follows: 2. Section 2.62(a)(6) is amended in the Edward LaRue, Navigation Rules 1. On page 25505, column 3, in the second sentence by removing the word Division (G–MOV–3), 202–267–0416. preamble, under the paragraph heading ‘‘set’’ the second time it appears. ‘‘F. Effective Dates’’, line 2, the language 3. In § 2.62, in paragraph (h)(5), Regulatory History ‘‘effective for bonds issued on or after’’ remove the words ‘‘the panel’’ in each The regulatory history for this is corrected to read ‘‘effective for bonds place they occur, and add the words rulemaking is recounted in the preamble sold on or after’’. ‘‘the examiner’’ in their place. of the final rule entitled ‘‘Navigation Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40271
Safety Equipment for Towing Vessels’’ performance. For towing vessels of less considered whether this rule will have (61 FR 35064, July 3, 1996). After than 300 tons gross tonnage, a significant economic impact on a publication of the final rule, the Coast performance is rated at an antenna substantial number of small entities. Guard received verbal comments height of 15 meters. The section then ‘‘Small entities’’ include small expressing concern about the states parenthetically, ‘‘the 15 meter businesses, not-for-profit organizations requirement for towing vessels 300 tons height is a test criteria only and not an that are independently owned and gross tonnage or more to have azimuth installation requirement.’’ Although operated and are not dominant in their stabilized radar. similar language is not used in the fields, and governmental jurisdictions standards for vessels of 300 tons gross Background and Purpose with populations of less than 50,000. tonnage or more, the Coast Guard does Approximately 200 towing vessels Background information on apply the same logic. For vessels of 300 owned and operated by an estimated 45 navigation safety equipment for towing tons gross tonnage or more, the 15 meter small entities would save $21,000 per vessels is provided in the preambles to height is a test criteria and not an vessel by this rule. Therefore, the Coast the notice of proposed rulemaking installation requirement. Guard certifies that under section 605(b) (NPRM) (60 FR 55890; November 3, Regulatory Evaluation of the Regulatory Flexibility Act (5 1995) and the final rule (61 FR 35064; U.S.C. 601 et seq.) that this final rule July 3, 1996). This final rule is not a significant will not have a significant economic regulatory action under section 3(f) of Discussion of Comments and Changes impact on a substantial number of small Executive Order 12866, and does not entities and is, in fact, beneficial to Verbal comments from the American require an assessment of potential costs them. Waterways Operators (AWO) received and benefits under section 6(a)(3) of that by the Coast Guard expressed concern Order. It has not been reviewed by the Assistance for Small Entities about the radar requirement for towing Office of Management and Budget under In accordance with section 213(a) of vessels 300 tons gross tonnage or more that Order. It is not significant under the the Small Business Regulatory to have azimuth stabilized radar. regulatory policies and procedures of Enforcement Fairness Act of 1996 (Pub. Because river maps published by the the Department of Transportation (DOT) L. 104–121), the Coast Guard will Army Corps of Engineers do not (44 FR 11040 (February 26, 1979)). provide assistance to small entities to normally contain latitude and longitude A final Regulatory Evaluation under determine how this rule applies to references or a compass rose, the utility paragraph 10e of the regulatory policies them. If you are a small business and of an azimuth stabilized radar is greatly and procedures of DOT has been need assistance understanding the diminished. AWO concurred with the prepared for the final rule requiring provisions of this rule, please contact Coast Guard that this requirement was radars on towing vessels (61 FR 35064; the Coast Guard Captain of the Port appropriate for towing vessels 300 gross July 3, 1996) and is available in docket (COTP) closest to your vessel’s tons or more, but was financially CGD 94–020 for inspection or copying operational area. burdensome to towing vessels operating where indicated under ADDRESSES. on inland routes. The Towing Safety In addition to the original rule’s Collection of Information Advisory Committee (TSAC) supported Regulatory Evaluation, the Coast Guard This final rule does not include any AWO’s comments and stated that conducted a cost/benefit analysis based collection requirements nor change the reducing the radar requirement would on this change of radar requirements. collection of information requirements not reduce navigational safety. TSAC The Coast Guard has determined that under the Paperwork Reduction Act of recommended that the Coast Guard approximately 400 towing vessels 300 1995 (44 U.S.C. 3501 et seq.) of the final amend the radar requirements for tons gross tonnage or more would be rule published in the Federal Register vessels 300 tons gross tonnage or more. affected by the azimuth stabilized radar (61 FR 35064). The Coast Guard concurs. This final requirement. This change would have rule will reduce the economic burden created an economic burden to the Federalism on the towing industry by changing the regulated industry of approximately The Coast Guard has analyzed these radar requirement for towing vessels $8.4 million. The original regulatory regulations under the principles and 300 tons gross tonnage or more Evaluation did not anticipate that criteria contained in Executive Order operating on certain U.S. navigable vessels operating on the Western rivers 12612 and has determined that this rule waters, including Western rivers. or on inland waters would have to be does not have sufficient implications for Because owners of towing vessels outfitted with a gyrocompass, at a cost federalism to warrant the preparation of affected by the current radar of approximately $21,000, in order to a Federalism Assessment. requirement may be planning purchases meet the radar requirements. The Coast Environment of gyrocompasses or new radar to be in Guard has determined that while a compliance with the August 2, 1997, marine surface-navigation radar is an The Coast Guard considered the implementation date, the Coast Guard essential piece of navigational-safety environmental impact of this rule and desires that the reduced requirement equipment, for vessels operating in concluded that, under paragraphs become effective as soon as possible. sheltered or protected waters the 2.B.2e(34) (d) and (e) of Commandant The Coast Guard has determined that requirement to have the radar azimuth Instruction M16475.1B, this rule is not requiring an azimuth stabilized stabilized is not critical. Therefore, in categorically excluded from further radar for vessels on inland routes will this final rule the Coast Guard has environmental documentation. This rule not adversely affect safety and is removed the stabilization requirement requires navigation safety equipment consistent with the precepts of the for towing vessels operating on Western and the recordkeeping of the inspection original rulemaking (61 FR 35064, July rivers and U.S. navigable waters other and testing of said equipment. The 3, 1996). than Western rivers. environmental impact of this rule will TSAC also requested clarification of be to reduce maritime accidents and oils the language in the Radio Technical Small Entities spills in the marine environment. A Commission for Maritime Services Under the Regulatory Flexibility Act ‘‘Categorical Exclusion Determination’’ (RTCM) standards dealing with range (5 U.S.C. 601 et seq.), the Coast Guard is available in the docket for inspection 40272 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations or copying where indicated under § 164.72 [Amended] seaward of navigable waters of the U.S. ADDRESSES. 2. Amend § 164.72 by revising or more than three nautical miles from paragraph (a)(1)(iii); designating and shore on the Great Lakes, the radar must List of Subjects in 33 CFR Part 164 revising paragraph (a)(1)(iv) as (a)(1)(v); meet— Marine safety, Navigation (water), adding a new paragraph (a)(1)(iv); and (A) The requirements of the FCC Reporting and recordkeeping revising paragraph (c) and table 164.72 specified by 47 CFR Part 80; and to read as follows: requirements, Waterways, Incorporation (B) RTCM Recommended Standards by reference. § 164.72 Navigational-safety equipment, for Marine Radar Equipment Installed charts or maps, and publications required Dated: July 14, 1997. on Ships of 300 Tons Gross Tonnage on towing vessels. R. C. North, and Upwards, RTCM Paper 191–93/ (a) * * * SC112–X, Version 1.2. Rear Admiral, U.S. Coast Guard, Assistant (1) * * * Commandant for Marine Safety and (iii) For a vessel of 300 tons gross (v) A towing vessel with an existing Environmental Protection. tonnage or more that engages in towing radar must meet the applicable requirements of paragraphs (a)(1) (i) For the reasons discussed in the on navigable waters of the U.S., including Western rivers, the radar must through (iv) of this section by August 2, preamble, the Coast Guard amends 33 meet— 1998; except that a towing vessel with CFR part 164 as follows: (A) The requirements of the Federal an existing radar must meet the display Communications Commission (FCC) PART 164ÐNAVIGATION SAFETY and stabilization requirements of specified by 47 CFR part 80; and REGULATIONS paragraph (a)(1)(ii)(B) of this section by (B) RTCM Recommended Standards August 2, 2001. for Marine Radar Equipment Installed * * * * * 1. The authority citation for part 164 on Ships of 300 Tons Gross Tonnage continues to read as follows: and Upwards, RTCM Paper 191–93/ (c) Table 164.72, following, Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. SC112–X, Version 1.2 except the summarizes the navigational-safety 2103, 3703; 49 CFR 1.46. Sec. 164.13 also requirements for azimuth stabilization equipment, charts or maps, and issued under 46 U.S.C. 8502. Sec. 164.61 also in paragraph 3.10. publications required for towing vessels issued under 46 U.S.C. 6101. (iv) For a vessel of 300 tons gross of 12 meters or more in length engaged tonnage or more that engages in towing in towing:
TABLE 164.72.ÐEQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF 12 METERS OR MORE IN LENGTH
Waters seaward of navigable waters Western rivers U.S. navigable waters other than west- and 3 NM or more from shore on the ern rivers Great Lakes
Marine Radar: Towing Vessels RTCM Paper 71±95/SC112±STD Ver- RTCM Paper 71±95/SC112±STD Ver- RTCM Paper 71±95/SC112±STD Ver- of Less Than sion 1.1, Display Category II 1 Sta- sion 1.1, Display Category II 1 Sta- sion 1.1, Display Category I 2 Sta- 300 GT. bilization Category BRAVO. bilization Category BRAVO. bilization Category ALPHA. Towing Vessels RTCM Paper 191±93/SC112±X Ver- RTCM Paper 191±93/SC112±X Ver- RTCM Paper 191±93/SC112±X Ver- of 300 GT or sion 1.2 (except the Azmuth sta- sion 1.2 (except the Azmuth sta- sion 1.2.1 More. bilization requirement in paragraph bilization requirement in paragraph 3.10).1. 3.10).1. Searchlight ...... XXX VHF±FM Radio XXX Magnetic Com- X 3 XX pass. Swing-Meter ..... X 3 Echo Depth- XX Sounding De- vice. Electronic Posi- X tion-Fixing De- vice. Charts or Maps (1) Large enough scale ...... (1) Large enough scale ...... (1) Large enough scale. (2) Current edition or currently cor- (2) Current edition or currently cor- (2) Currently corrected edition. rected edition. rected edition. General Publica- (1) U.S. Coast Guard Light List ...... (1) U.S. Coast Guard Light List ...... (1) U.S. Coast Guard Light List. tions. (2) Notices to Navigation or Local No- (2) Local Notices to Mariners ...... (2) Local Notices to Mariners. tices to Mariners. (3) River-current Tables ...... (3) Tidal-current Tables ...... (3) Tidal-current Tables. (4) Tide Tables ...... (4) Tide Tables. (5) U.S. Coast Pilot ...... (5) U.S. Coast Pilot. Notes: 1 Towing vessels with existing radar must meet this requirement by August 2, 1998. 2 Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the display and stabilization re- quirements until August 2, 2001. 3 A towing vessel may carry either a swing-meter or a magnetic compass. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40273
[FR Doc. 97–19782 Filed 7–25–97; 8:45 am] Background and Purpose master, owner, or operator of a vessel BILLING CODE 4910±14±P This rule is adopted as part of an carrying dangerous cargo must give overall safety program implemented by notice to the COTP at least 72 hours the Captain of the Port, Philadelphia, before entering or departing the DEPARTMENT OF TRANSPORTATION PA to enhance the safe transportation of regulated navigation area and at least 12 hours before any vessel movement Coast Guard certain dangerous cargoes in the Captain of the Port zone. within the regulated navigation area. The required notice must include a 33 CFR Part 165 Existing 33 CFR 165.510 established a regulated navigation area for the waters report of the vessel’s propulsion and [CGD 05±96±010] of the Delaware Bay and Delaware River machinery status and, for foreign flag vessels, the notice must include any RIN 2115±AE84 south of the Delaware Memorial Bridge. It prohibits a vessel with a draft of outstanding deficiencies identified by Regulated Navigation Area; Delaware greater than 55 feet from entering the the flag state or classification society. A vessel carrying dangerous cargo is Bay and River, Salem River, Christina regulated navigation area. It also prohibited from transiting within the River, and Schuylkill River prohibits oil transfer operations within regulated navigation area if visibility is the regulated navigation area except AGENCY: Coast Guard, DOT. or is expected to be less than two within specified anchorage grounds or ACTION: Final rule. nautical miles. Anchoring is permitted with the authorization of the Captain of only in an emergency or upon COTP SUMMARY: The Coast Guard is amending the Port. This rule expands the approval. Unless the vessel has two its regulations governing a regulated regulated navigation area, applies it separate and independent steering navigation area on the Delaware Bay when vessels transit with dangerous control systems with duplicate pilot and River. The changes extend the cargoes, and imposes operational house steering gear controls, the master, current regulated navigation area to restrictions on vessels operating within owner, or operator is required to include the Salem, Christina, and the regulated navigation area. maintain a manned watch within the Schuylkill Rivers between Trenton, NJ, In the past, the Captain of the Port, steering gear compartment during any and the Delaware Breakwater. The Philadelphia, established a temporary transit within the regulated navigation changes also establish new regulations safety zone whenever a vessel carrying area. While at anchor, the master, governing vessel movement within the a specified dangerous cargo transited owner, or operator is required to have expanded regulated navigation area. the area. The temporary safety zone the engines in a condition that full Many of these requirements were regulations routinely prohibited entry power would be available within five previously imposed on a case-by-case into the waters surrounding the vessel minutes whenever sustained winds basis through issuance of temporary and facility without specific permission exceeded 25 knots. If sustained winds rules and Captain of the Port Orders. from the Coast Guard. The COTP reach or exceed 40 knots, the vessel’s The Coast Guard believes these changes imposed operating restrictions, similar main engines must be on line. Each will increase public awareness and to the measures contained in this final vessel is required to have emergency improve navigation safety within the rule, as a condition of entry into the towing gear rigged while underway, at regulated navigation area. safety zone. The temporary rules were anchor, or moored. Transfer of often issued on short notice and, as a EFFECTIVE DATE: This rule is effective on dangerous cargo is also prohibited while August 27, 1997. result, may not have been timely a vessel is at anchor or bunkering. published in the Federal Register. Operational restrictions are also ADDRESSES: The comments and other To avoid the need to issue temporary materials referred to in this preamble imposed on vessels operating in the rules and improve the public’s vicinity of a vessel carrying dangerous are available for inspection or copying knowledge of potential restrictions on at the Marine Safety Office cargo. While a vessel carrying dangerous navigation, the Coast Guard is amending cargo is underway, no vessel is Philadelphia, PA during normal 33 CFR 165.510. Definitions routinely working hours between 7:30 a.m. and 4 permitted within 500 yards of either included in the temporary rules are side or within 1000 yards of the bow or p.m., Monday through Friday, except included in the final rule. The final rule stern without permission of the COTP. Federal holidays. applies to all vessels operating in the No vessel is allowed within 100 yards FOR FURTHER INFORMATION CONTACT: regulated navigation area, except vessels of a moored or anchored vessel carrying Lt Robert Hennessy, Assistant Chief, engaged in law enforcement, servicing dangerous cargo. Commercial vessels Port Operations Department (ACPOD), aids to navigation, or surveying, attending a vessel carrying dangerous at the Marine Safety Office maintaining or improving the cargo are allowed to transit within this Philadelphia, PA, or by telephone at waterways (e.g., dredges and survey area with permission from the master of (215) 271–4883. vessels). The 55-foot draft limitation is the vessel carrying dangerous cargo. If SUPPLEMENTARY INFORMATION: retained, but a note is added indicating permitted to enter, the vessel is required that the project depth of the Delaware to maintain a continuous radio guard, Regulatory History River is 40 feet. Vessel to vessel oil operate at a ‘‘no wake’’ speed or the On November 7, 1996, the Coast transfer operations, excluding minimum speed to maintain steerage, Guard published a notice of proposed bunkering, will continue to be and to proceed as otherwise directed by rulemaking entitled Regulated prohibited within the regulated the COTP. No vessel is permitted to Navigation Area; Delaware Bay and navigation area except within overtake a vessel carrying dangerous River, Salem River, Christina River, and designated anchorage grounds or with cargo unless the overtaking can be Schuylkill River in the Federal Register permission of the COTP. completed before reaching any bends in (61 FR 57599). The comment period Both vessels carrying dangerous the channel and the masters or operators ended February 5, 1997. The Coast cargoes and vessels operating in the of both vessels clearly agree on Guard received two letters commenting vicinity of vessels carrying dangerous arrangements for the overtaking. on the proposal. No public hearing was cargoes must comply with operational Specific restrictions also apply to requested, and none was held. requirements and restrictions. The vessels operating above the C&D Canal. 40274 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
A vessel carrying dangerous cargo is specific request or order, he or she Memorial Bridge except as authorized required to have a tug escort, and to the should request clarification. by the COTP or within the anchorage maximum extent possible, vessel One comment questioned the designated in 33 CFR 110.157(a)(1). The masters or operators are required to exemption in proposed § 165.510(c) for Coast Guard received no comments on avoid meeting situations on river bends. vessels engaged in law enforcement, this paragraph; however, after further This final rule includes a provision servicing aids to navigation, dredging, consideration, the Coast Guard believes that the COTP will announce scheduled or surveying, maintaining, or improving this requirement is unduly restrictive. movements of vessels carrying waterways. The commenter disagreed As written, 165.510(e) prohibits oil dangerous cargoes via Broadcast Notices that law enforcement vessels, vessels transfer operations at fixed facilities, as to Mariners. These broadcasts will not servicing aids to navigation, and survey well as all bunkering operations. This only alert the maritime public that vessels within the Regulated Navigation paragraph does not reflect the Coast restrictions will be in effect, but they Area should be exempt from this rule at Guard’s intent to codify the current will also allow mariners to plan all times. Although the Coast Guard practice achieved through issuance of activities to minimize the impact of the understands this concern, the final rule temporary safety zones. Therefore, the restrictions. has not been changed. The exemption Coast Guard is amending § 165.510(e) to applies only to a vessel actually engaged Discussion of Comments and Changes more precisely state that unless in one of the specified activities within authorized by the COTP, no vessel to Two respondents to the Notice of the Regulated Navigation Area, and not vessel oil transfer operations, excluding Proposed Rulemaking provided a when a vessel is merely transiting. bunkering, may be conducted within the number of specific comments on the Additionally, the Coast Guard does not area between the southern boundary of proposed rule. One letter was from a believe that the hazard to navigation the RNA and the southern span of the company that operates barges which created by a vessel conducting surveys Delaware Memorial Bridge except carry dangerous cargoes. The other letter or engaged in dredging is such that it within the anchorage ground designated was from the operator of a launch should always be required to in 33 CFR 110.157(a)(1). service. discontinue its operations when a vessel In § 165.510(f)(6) of the NPRM, the One comment noted that the proposed carrying dangerous cargo is transiting Coast Guard proposed a requirement rule, by incorporating the definition of the area. However, the Coast Guard will that a vessel carrying dangerous cargo dangerous cargoes provided in 33 CFR closely monitor this activity on a case- and anchored within the regulated area 160.203, would require barges carrying by-case basis, and may require a vessel have its main engines on five-minute bulk cargoes listed in Table 1 of 46 CFR which poses a particular risk to cease standby when sustained winds are part 153 to adhere to the requirements operations and maintain an appropriate greater than 25 knots but less than 40 of the NPRM. The Coast Guard’s safe distance. The Coast Guard also knots, and on line when sustained intention in this rulemaking was to believes that nothing in this rule winds reached 40 knots or more. One establish a permanent rule to relieves any master from the general comment suggested modifying this incorporate requirements previously requirement to operate his or her vessel provision to require that engines be on imposed through issuance of temporary in a prudent manner at all times. five-minute standby when sustained rules and Captain of the Port Orders. In § 165.510(d) of the NPRM, the winds are greater than 25 knots but less This rulemaking was not intended to Coast Guard proposed a requirement than 30 knots, on line when sustained expand the scope to apply restrictions to that a vessel with a draft greater than 55 winds are forecast to be greater than 30 all barges carrying cargoes that were not feet obtain permission of the Captain of knots but less than 40 knots, and that previously subject to case-by-case the Port prior to transiting the area the vessel also have a pilot embarked restrictions. Therefore, for the purposes between the southern boundary of the and tug alongside whenever sustained of this part, the definition of dangerous Regulated Navigation Area and the winds of greater than 40 knots are cargo excludes those substances listed southern span of the Delaware Memorial forecast. The Coast Guard has carefully in Table 1 of 46 CFR part 153 and Bridge. The Coast Guard received no considered this comment, but has not referred to in § 160.203(d). Additionally, comments on this paragraph. The Coast changed the requirement in this final paragraph 510(f) of this rule has been Guard believes, however, that the rule. The Coast Guard developed the changed to expressly not incorporate wording in the proposed paragraph is proposed requirement after receiving Table 1 of 46 CFR part 153. unnecessarily confusing, and therefore input from the Philadelphia Maritime Proposed § 165.510(b) defined COTP has changed that wording to more Advisory Committee and the Delaware as Captain of the Port Philadelphia and clearly state that a vessel with a draft Bay and River Pilots Association. any Coast Guard commissioned, greater than 55 feet may not enter the Mariners must monitor weather warrant, or petty officer authorized to Regulated Navigation Area without forecasts in order to take the steps act on his or her behalf. One comment obtaining permission of the Captain of necessary to comply with this rule. Most asked how the public would know that the Port. Also, in § 165.510(d) of the vessels are capable of safely maintaining a commissioned, warrant or petty officer NPRM, the Coast Guard proposed their positions at anchor or had been authorized to act on behalf of adding a Note stating that the project maneuvering as needed even if winds the COTP. Under existing Coast Guard depth of the Delaware River is 40 feet. are 40 knots or greater. The Coast Guard policy, a commissioned, warrant, or The project depth in parts of the will continue to monitor vessel and petty officer is designated in writing to Delaware River, such as Newbold weather status. If a specific vessel poses act on behalf of the COTP when he or Channel is less than 40 feet, however. a particular threat, the COTP may issue she completes qualification Therefore, the Coast Guard has changed a COPT order requiring additional requirements for various positions. A the Note to eliminate possible protective measures on a case-by-case commissioned, warrant, or petty officer confusion. basis. The COTP may also establish a would not be assigned responsibilities In § 165.510(e) of the NPRM, the Coast temporary safety zone to limit vessel onscene if he or she had not been Guard proposed a requirement to movement if severe weather, such as delegated the necessary authority. prohibit oil transfer operations between hurricane conditions, is forecast. However, if a member of the public has the southern boundary of the RNA and Another comment stated that the concerns about the authority behind a the southern span of the Delaware requirement in proposed § 165.510(g) Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40275 that passing vessels remain 500 yards vessel carrying dangerous cargo and the temporary rules and Captain of the Port from the sides and 1,000 yards from the restrictions imposed by this rule. The Orders when vessels carrying certain bow or stern of a vessel carrying Coast Guard agrees that many vessels do dangerous cargoes are transiting. dangerous cargo would essentially halt not monitor Broadcast Notices or follow Because those practices were conducted all large commercial traffic during any other prudent navigation practices. without adverse affects to small entities, transit of a vessel carrying dangerous However, failure to do so would not the impact of this rule is expected to be cargo in most areas of the regulated area. excuse a violation of this rule. minimal. Therefore, the Coast Guard The Coast Guard notes that a vessel may Regulatory Evaluation certifies under section 605(b) of the approach closer with COTP permission. Regulatory Flexibility Act (5 U.S.C. 601 It is not the Coast Guard’s intent to stop This rule is not a significant et seq.) that this rule will not have a all traffic within the port. The COTP regulatory action under section 3(f) of significant economic impact on a may permit a vessel to enter within 500 Executive Order 12866 and does not substantial number of small entities. yards from the sides and 1,000 yards require an assessment of potential costs from the bow or stern of a vessel and benefits under section 6(a)(3) of that Collection of Information carrying dangerous cargo if the masters order. It has been exempted from review This rule contains no collection-of- or pilots of both vessels have by the Office of Management and information requirements under the coordinated safe passing arrangements. Budget under that order. It is not Paperwork Reduction Act (44 U.S.C. Therefore, the Coast Guard has not significant under the regulatory policies 3501 et seq.). changed this provision in the final rule. and procedures of the Department of In § 165.510(g)(2)(ii) of the NPRM, the Transportation (DOT) (44 FR 11040, Federalism Coast Guard proposed a requirement February 26, 1979). The Coast Guard This rule has been analyzed in that a master, owner, or operator of a expects the economic impact of this rule accordance with the principles and vessel given permission to come or to be so minimal that a full Regulatory criteria contained in Executive Order remain near a vessel carrying dangerous Evaluation under paragraph 10e of the 12612, and it has been determined that cargo under paragraph (g)(1) operate at regulatory policies and procedures of it does not have sufficient federalism a ‘‘no wake’’ speed or the minimum DOT is unnecessary. The practice of implications to warrant the preparation speed needed to maintain steerage, establishing a safety zone around a of a Federalism Assessment. whichever is less. Although no vessel loaded with certain dangerous comments were received on this cargoes, notably explosives and Environment paragraph, the Coast Guard believes that Liquefied Petroleum Gas, has been in The Coast Guard considered the the wording in the proposed paragraph effect for many years. Small and large environmental impact of this rule and is unnecessarily confusing and could companies with vessels operating in concluded that under section 2.B.2e.(34) create an unsafe situation in the event Philadelphia are aware of scheduled of Commandant Instruction M16475.1B that the ‘‘no wake’’ speed is less than transits of vessels loaded with (as revised by 61 FR 13563, March 27, the speed necessary to maintain dangerous cargoes and adjust their 1996), this rule is categorically excluded steerage. Therefore, the Coast Guard has vessel movements to minimize any from further environmental eliminated the phrase ‘‘whichever is economic impact. These restrictions documentation. A Categorical Exclusion less’’ from the final rule. have been implemented on a case-by- Determination Statement has been Section 165.510(h)(2) of the NPRM case basis in the form of Captain of the prepared and placed in the rulemaking proposed additional requirements for Port Orders or temporary safety zones docket. vessels operating above the C&D Canal. for each transit. By establishing a The proposed paragraph required that a permanent rule the Coast Guard will List of Subjects in 33 CFR Part 165 vessel carrying dangerous cargo and an achieve economies in manpower and Harbors, Marine Safety, Navigation oncoming vessel shall not meet at a administrative time, provide the Port of (water), Reporting and recordkeeping relative speed greater than prudent Philadelphia with the widest requirements, Security measures, under the prevailing weather conditions dissemination of these precautionary Waterways. or 20 knots, whichever is less. The Coast measures, and minimize the potential For the reasons set out in the Guard did not receive comments on this dangers of these movements to the port Preamble, the Coast Guard amends 33 paragraph; however, upon further community. Because this regulated CFR part 165 as follows: review, the Coast Guard believes that navigation area is not expected to requiring vessels to maintain a relative unduly impede the flow of traffic, the PART 165ÐREGULATED NAVIGATION speed of 20 knots or less is impact of this rule is expected to be AREAS AND LIMITED ACCESS AREAS unnecessarily restrictive. The Coast minimal, and the Coast Guard believes Guard believes that basic seamanship that this rule will have only minimal 1. The authority citation for part 165 and the rules of the road should dictate economic impact. continues to read as follows: the relative speed of oncoming vessels. Small Entities Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Therefore, the Coast Guard has 33 CFR 1.05–1(g), 6.04–6, and 160.5; 49 CFR eliminated the first clause of The Coast Guard considered whether 1.46. § 165.510(h)(2) which limits the speed this rule would have a significant 2. Section 165.510 is revised to read of vessels. As amended, § 165.510(h)(2) economic impact on a substantial as follows: will merely state that meeting situations number of small entities. ‘‘Small shall be avoided on river bends to the entities’’ included (1) small businesses § 165.510 Delaware Bay and River, Salem maximum extent possible. and not-for-profit organizations that are River, Christina River and Schuylkill River- A comment also noted that many independently owned and operated and Regulated Navigation Area. recreational vessels do not monitor are not dominant in their fields and (2) (a) Regulated Navigation Area. The marine frequencies. Therefore, governmental jurisdictions with following is a Regulated Navigation recreational boaters may not be aware of populations of less than 50,000. This Area: The navigable waters of Delaware a Broadcast Notice to Mariners rule merely codifies the Captain of the Bay and River, Salem River, Christina concerning scheduled movements of a Port’s past practices of issuing River, and Schuylkill River, in an area 40276 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations bounded on the south by a line drawn visibility is or is expected to be less than (ii) Operate at ‘‘no wake’’ speed or the across the entrance to the Delaware Bay two (2) miles. If during the transit minimum speed needed to maintain between Cape May Light and Harbor of visibility becomes less than two (2) steerage; and Refuge Light and then continuing to the miles, the vessel must seek safe (iii) Proceed as directed by the COTP. northernmost extremity of Cape anchorage and notify the COTP (3) No vessel may overtake a vessel Henlopen, and bounded on the north by immediately; carrying dangerous cargoes unless the a line drawn across the Delaware River (3) Not anchor in any area within the overtaking can be completed before between Trenton, NJ and Morrisville, regulated navigation area unless in reaching any bend in the channel. PA along the southern side of the U.S. times of emergency or with COTP Before any overtaking, the pilots, Route 1 Bridge. permission; masters or operators of both the (b) Definitions. As used in this (4) Not transfer dangerous cargo while overtaking vessel and the vessel being section: the vessel is at anchor or bunkering; overtaken must clearly agree on the COTP means the Captain of the Port, (5) Maintain a manned watch in the circumstances of the overtaking, Philadelphia, PA and any Coast Guard steering compartment whenever the including vessel speeds, time and commissioned, warrant or petty officer vessel is underway within the regulated location of overtaking. who has been authorized by the COTP navigation area unless the vessel has (h) Additional restrictions above the to act on his or her behalf. two separate and independent steering C&D Canal. When operating on the Dangerous Cargo means those cargoes control systems with duplicate Delaware River above the C&D Canal: listed in § 160.203 of this chapter when pilothouse steering gear control systems (1) A vessel carrying dangerous cargo carried in bulk, but does not include which meet the requirements of 46 CFR must be escorted by at least one cargoes listed in Table 1 of 46 CFR part 85.25–55; commercial tug; and 153. (2) Meeting situations shall be Underway means that a vessel is not (6) When anchored within the avoided on river bends to the maximum at anchor, made fast to the shore, or regulated navigation area and: extent possible. aground. (i) Sustained winds are greater than (c) Applicability. This section applies 25 knots but less than 40 knots, ensure (i) The COTP will issue a Broadcast to any vessel operating within the the main engines are ready to provide Notice to Mariners to inform the marine Regulated Navigation Area, including a full power in five minutes or less; and community of scheduled vessel naval or public vessel, except a vessel (ii) Sustained winds are 40 knots or movements during which the engaged in: over, ensure that the main engines are restrictions imposed by paragraphs (g) (1) Law enforcement; on line to immediately provide and (h) of this section will be in effect. (2) Servicing aids to navigation; or propulsion; Dated: July 8, 1997. (3) Surveying, maintaining, or (7) While moored within the regulated Roger T. Rupe, Jr., improving waters within the Regulated navigation area, ensure that at least two Vice Admiral, U.S. Coast Guard Commander, Navigation Area. wire cable mooring lines (firewarps) are Fifth Coast Guard District. (d) Draft limitation. Unless otherwise rigged and ready for use as emergency [FR Doc. 97–19780 Filed 7–25–97; 8:45 am] authorized by the COTP, no vessel with towing hookups fore and aft on the BILLING CODE 4910±14±M a draft greater than 55 feet may enter outboard side of the vessel; this regulated navigation area. (8) While underway or anchored Note: The project depth in many areas of within the regulated navigation area, DEPARTMENT OF TRANSPORTATION the Regulated Navigation Area is less than 55 ensure that at least two wire cable feet. mooring lines (firewarps) are rigged and Coast Guard (e) Oil transfer operations. Unless ready for use as emergency towing 33 CFR Part 165 otherwise authorized by the COTP, no hookups fore and aft on the vessel; and, vessel to vessel oil transfer operations, (9) Proceed as directed by the COTP. [CGD13±97±019] (g) Requirements for vessels operating excluding bunkering, may be conducted RIN 2115±AA97 within the area between the southern in the vicinity of a vessel carrying dangerous cargoes. (1) Except for a boundary of this regulated navigation Safety Zone Regulation; Naval Air vessel that is attending a vessel carrying area and the southern span of the Station Whidbey Island Air Show, dangerous cargo with permission from Delaware Memorial Bridge except Puget Sound, Washington within the anchorage ground designated the master of the vessel carrying in 110.157(a)(1) of this chapter. dangerous cargo or a vessel that is AGENCY: Coast Guard, DOT. (f) Requirements for vessels carrying anchored or moored at a marina, wharf, ACTION: Temporary final rule. dangerous cargoes. The master, owner, or pier, and which remains moored or or operator of a vessel carrying a at anchor, no vessel may, without the SUMMARY: The Coast Guard is dangerous cargo shall: permission of the COTP: establishing a temporary safety zone on (1) Notify the COTP at least 72 hours (i) Come or remain within 500 yards the waters of Puget Sound from 11 a.m. before the vessel enters or departs the of the port or starboard side or within (PDT) to 5 p.m. (PDT) July 26 and 27, regulated navigation area and at least 12 1,000 yards of the bow or stern of an 1997. The Captain of the Port Puget hours before the vessel moves within underway vessel that is carrying Sound, Seattle, Washington is taking the the regulated navigation area. The dangerous cargo; or following action to safeguard watercraft notice must include a report of the (ii) Come or remain within 100 yards and their occupants from the safety vessel’s propulsion and machinery of a moored or anchored vessel carrying hazards associated with high status and, for foreign flag vessels, the dangerous cargo. performance aircraft conducting notice must include any outstanding (2) The master, owner, or operator of complex maneuvers at high speeds and deficiencies identified by the vessel’s any vessel receiving permission under low altitudes. The safety zone will flag state or classification society; paragraph (g)(1) of this section shall: encompass the area beginning at the (2) Not enter, get or remain underway (i) Maintain a continuous radio guard shoreline at position latitude 48°20′20′′ within the regulated navigation area if on VHF–FM channels 13 and 16; N, longitude 122°41′20′′ W; thence to Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40277 position latitude 48°20′14′′ N, longitude latitude 48°19′41′′ N, longitude Collection of Information ° ′ ′′ ° ′ ′′ 122 44 23 W; thence to position 122 44 20 W; thence to the shoreline at This rule contains no collection of ° ′ ′′ ° ′ ′′ latitude 48 19 41 N, longitude position latitude 48 19 47 N, information requirements under the 122°44′20′′ W; thence to the shoreline at 122°41′27′′ W; thence along the ° ′ ′′ Paperwork Reduction Act (44 U.S.C. position latitude 48 19 47 N, shoreline of Whidbey Island to the point 3501 et seq.) 122°41′27′′ W; thence along the of origin. The zone is needed to protect shoreline of Whidbey Island to the point watercraft and their occupants, who Federalism of origin. It is effective July 26 and 27, may wish to view the air shows in close The Coast Guard has analyzed this 1997 from 11 a.m. (PDT) to 5 p.m. quarters, from safety hazards associated final rule in accordance with the (PDT). Entry into this safety zone is with high performance aircraft principles and criteria contained in prohibited unless authorized by the conduction complex maneuvers at high Executive Order 12612 and has Captain of the Port. speeds. This safety zone will be determined that this final rule does not EFFECTIVE DATE: This regulation is enforced by representatives of the have sufficient federalism implications effective on July 26 and 27, 1997, from Captain of the Port Puget Sound, Seattle, to warrant the preparation of a 11 a.m. (PDT) to 5 p.m. (PDT) on each Washington. The Captain of the Port Federalism Assessment. day. may be assisted by other Federal, state, Environmental Assessment ADDRESSES: Unless otherwise indicated, and local agencies. The Coast Guard has considered the documents referred to in this preamble Regulatory Evaluation are available for inspection and copying environmental impact of this rule and at U.S. Coast Guard Marine Safety Office This proposal is not a significant has concluded that under Section Puget Sound, 1519 Alaskan Way South, regulatory action under section 3(f) of 2.B.2.e. of Commandant Instruction Building 1, Seattle, Washington 98134. Executive Order 12866 and does not M16475.1B, it is categorically excluded Normal office hours are between 7 a.m. require an assessment of potential costs from further environmental and 5 p.m., Monday through Friday, and benefits under section 6(a)(3) of that documentation. except Federal holidays. order. It has been exempted from review List of Subjects in 33 CFR Part 165 by the Office of Management and FOR FURTHER INFORMATION CONTACT: LT Harbors, Marine safety, Navigation J.B. Roberts, c/o Captain of the Port Budget under that order. It is not (water), Reports and recordkeeping Puget Sound, 1519 Alaskan Way South, significant under the regulatory policies requirements, Security measures, Seattle, Washington 98134, (206) and procedures of the Department of Waterways. 217–6232. Transportation (DOT) (44 FR 11040, SUPPLEMENTARY INFORMATION: Pursuant February 26, 1979). The Coast Guard Final Regulation to 5 U.S.C. 553, a notice of proposed expects the economic impact of this For the reasons set out in the rulemaking has not been published for proposal to be so minimal that a full preamble, the Coast Guard amends part this regulation and good cause exists for Regulatory Evaluation under paragraph 165 of Title 33, Code of Federal making it effective less than 30 days 10e of the regulatory policies and Regulations, as follows: from the date of publication in the procedures of DOT is unnecessary. This Federal Register. Publishing a NPRM expectation is based on the fact that the PART 165Ð[AMENDED] regulated area established by the would be contrary to the public interest 1. The authority citation for part 165 proposed regulation is outside the Puget since immediate action is necessary to continues to read as follows: ensure the safety vessels and spectators Sound traffic separation scheme and Authority: 33 U.S.C. 1231; 50 U.S.C. 191; operating in the area of the air show. will have minimal impact on vessel transiting this area. The safety zone is 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Notice of the event was not provided to 49 CFR 1.46. the Coast Guard until two weeks prior centered on a line extending from the ° to the event. Therefore, sufficient time NAS runway on a heading of 247 2. A temporary § 165.T13–016 is added to read as follows: was not available to publish the Magnetic. The regulated area resembles proposed rules in advance of the event a rectangle 2 nautical miles in length § 165.T13±016 Safety Zone; Naval Air or to provide a delayed effective date. If and 1000 yards in width, encompassing Station Whidbey Island Air Show, Puget normal notice and comment procedures an area of approximately 3.2 square Sound, WA. were followed, this rule would not miles. (a) Location. The following area is a become effective until after the date of Small Entities safety zone: All waters of Puget Sound the event. For this reason, following bounded by a line commencing at normal rulemaking procedures in this Under the Regulatory Flexibility Act position latitude 48°20′20′′ N, longitude case would be impracticable and (5 U.S.C. 601 et seq.), the Coast Guard 122°41′20′′ W; thence to position contrary to the public interest. must consider whether this proposal latitude 48°20′14′′ N, longitude will have a significant economic impact 122°44′23′′ W; thence to position Background and Purpose on a substantial number of small latitude 48°19′41′′ N, longitude The Coast Guard is adopting a entities. ‘‘Small entities’’ include 122°44′20′′ W; thence to the shoreline at temporary safety zone regulation for the independently owned and operated position latitude 48°19′47′′ N, longitude U.S. Naval Air Station Whidbey Island small businesses that are not dominant 122°41′27′′ W; thence along the SEA ‘N SKY FEST which features a in their field and that otherwise qualify shoreline of Whidbey Island to the point number of air show performances as ‘‘small business concerns’’ under of origin. All coordinates reference including the USAF THUNDERBIRDS. section 3 of the Small Business Act (15 datum 1983. The area represents a 2 The safety zone encompasses the area U.S.C. 632). Because the impacts of this nautical mile long by 1000 yard wide beginning at the shoreline at position proposal are expected to be minimal, rectangle that extends from the west end latitude 48°20′20′′ N, longitude the Coast Guard certifies under 5 U.S.C. of the NAS Whidbey Island runway on 122°41′20′′ W; thence to position 605(b) that this final rule will not have a heading of 247°M. latitude 48°20′14′′ N, longitude a significant economic impact on a (b) Regulations. In accordance with 122°44′23′′ W; thence to position substantial number of small entities. the general regulations in § 165.23 of 40278 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations this part, no person or vessel may enter of the area is restricted due to ongoing Mandates Act. We have also found or remain in this zone, except for naval activities. Therefore, no loss of under Section 203 of the Act, that small participants in the event, supporting resources or use of resources would be Governments will not be significantly personnel, vessels registered with the borne by the public. On February 28, and uniquely affected by this event organizer, or other vessels 1997, the Corps Los Angeles District rulemaking. authorized by the Captain of the Port or Engineer issued a public notice Submission to Congress and the his designated representatives. soliciting comments on this proposed Effective dates. This regulation danger zone to all known interested General Accounting Office becomes effective on July 26 and 27, parties. The District did not receive any Pursuant to Section 801(a)(1)(A) of the 1997, from 11 a.m. (PDT) to 5 p.m. objections to the establishment of the Administrative Procedure Act as (PDT) each day, unless sooner danger zone. In view of the existing amended by the Small Business terminated by the Captain of the Port. threat to public safety within this area, Regulatory Enforcement Fairness Act of Dated: July 18, 1997. this interim final rule is effective upon 1996, the Army has submitted a report Myles S. Boothe, publication in the Federal Register. The containing this interim final rule to the Captain, U.S. Coast Guard, Captain of the Corps will consider all comments U.S. Senate, House of Representatives, Port Puget Sound. received in response to this interim final and the Comptroller General of the rule and in the event substantive [FR Doc. 97–19783 Filed 7–25–97; 8:45 am] General Accounting Office. This interim comments are received, the Corps will BILLING CODE 4910±14±M final rule is not a major rule within the take appropriate action which may meaning of Section 804(2) of the include further revision or suspension Administrative Procedure Act, as DEPARTMENT OF DEFENSE of the rules. amended. Economic Assessment and Certification Department of the Army; Corps of List of Subjects in 33 CFR Part 334 This interim final rule is issued with Engineers respect to a military function of the Danger Zones, Navigation (water), Transportation. 33 CFR Part 334 Defense Department and the provisions of Executive Order 12291 do not apply. In consideration of the above, the Danger Zone, Pacific Ocean, Naval Air This interim final rule has been Corps of Engineers is amending part 334 Weapons Station, Point Mugu, Ventura reviewed under the Regulatory of title 33 to read as follows: County, California Flexibility Act (P.L. 96–354), which requires the preparation of a regulatory PART 334ÐDANGER ZONE AND AGENCY: U.S. Army Corps of Engineers, flexibility and analysis for any RESTRICTED AREA REGULATIONS DoD. regulation that will have significant ACTION: Interim final rule. economic impact on a substantial 1. The authority citation for part 334 SUMMARY: This interim final rule invites number of small businesses (i.e., small continues to read as follows: comments on the Corps proposal to businesses and small Government Authority: 40 Stat. 226; (33 U.S.C. 1) and establish a danger zone in the waters of jurisdictions). It has been determined 40 Stat. 892; (33 U.S.C. 3). the Pacific Ocean extending 5,000 that establishment of this danger zone meters offshore from the small arms would have practically no impact on the 2. Add § 334.1125 to read as follows: public, no anticipated navigational range at the Naval Air Weapons Station, § 334.1125 Pacific Ocean Naval Air Point Mugu, Ventura County, California. hazard or interference with existing Weapons Station, Point Mugu, Small Arms The danger zone would provide an waterway traffic and accordingly, the Range, Ventura County, California; danger appropriate and enforceable zone in Corps certifies that this proposal if zone which the Navy may conduct small adopted, will have no significant economic impact on small entities and (a) The area. A triangular area arms test firing to qualify military and extending southerly into the waters of civilian security personnel. preparation of a regulatory flexibility analysis is not warranted. the Pacific Ocean from a point on the DATES: Interim final rule effective July beach north of Point Mugu, California, 28, 1997. Written comments must be Review Under the National as follows: submitted on or before August 27, 1997. Environmental Policy Act ADDRESSES: HQUSACE, CECW–OR, An environmental assessment has Station Latitude Longitude Washington, DC 20314–1000. been prepared for this action. We have FOR FURTHER INFORMATION CONTACT: Ms. 1 ...... 34°05′48′′ N ..... 119°07′03′′ W. concluded that the establishment of the 2 ...... 34°03′20′′ N ..... 119°08′16′′ W. Tiffany Welch at (805) 641–2935 or Mr. danger zone off Point Mugu will not ° ′ ′′ ° ′ ′′ Ralph Eppard at (202) 761–1783. 3 ...... 34 03 11 N ..... 119 07 39 W. have a significant impact to the human 4 ...... 34°05′42′′ N ..... 119°06′59′′ W. SUPPLEMENTARY INFORMATION: The environment and preparation of an 5 ...... 34°05′41′′ N ..... 119°06′51′′ W. Commander, Naval Air Weapons environmental impact statement is not 6 ...... 34°05′45′′ N ..... 119°06′52′′ W. Station, Point Mugu, has requested that required. The environmental assessment the Corps establish a danger zone in the may be reviewed at the Los Angeles (b) The regulations. (1) Range firing waters of the Pacific Ocean north of District Office. Please contact Ms. will normally take place between 7 a.m. Point Mugu. The area will be open to Tiffany Welch at (805) 641–2935 for and 5 p.m. Monday through Friday. public use at all times except when the further information. Navy is using the firing range on shore. (2) The danger zone may be used at The Navy will give advance notice of Unfunded Mandates Act all times for navigation and fishing, closure of the area by local newspapers, This interim final rule does not except when advance notice of intention VHF radio, contact with individual impose an enforceable duty among the to use this area has been given by the vessels and contact with certain fishing private sector and, therefore, is not a enforcing agency by one or more of the organizations. There are no anticipated Federal private sector mandate and is following means: navigational hazards or interference not subject to the requirements of (i) Notice published in Ventura with existing traffic. General public use Section 202 or 205 of the Unfunded County daily newspaper, at least two Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40279 days in advance of the date of said use definition of independent study; makes necessary interaction between faculty and in the local ‘‘Notice to Mariners.’’ changes to reflect statutory provisions; and student. (ii) Display of red flag from the tower updates authority citations; and makes 38 U.S.C. 3672 provides for State at 34°05′53′′ N., 119°06′59′′ W; or other changes for purposes of approving agencies to approve courses display of red flashing beacons in the clarification. for VA training. This includes courses offered by independent study. The case of night firing. DATES: Effective: This final rule is (iii) Radio broadcast on VHF–FM effective July 28, 1997. regulations at § 21.4267 are amended to channel 16. reflect these statutory provisions. Applicability: Certain of the statutory Other changes are also made for the (iv) Notice to individual craft by visit interpretations, restatements of statute, of United States vessel. purpose of clarity and to reflect current and changes in authority citations authority citations. (v) Telephone advice to such contained in this final rule will be fisherman’s organizations as may The statutory interpretations and applied retroactively from the effective restatements of statute contained in this request, in writing, that such advice be date of the statutory provisions. For given. final rule and changes in authority more information concerning the dates citations to reflect statutory (3) Safety observers will be on duty at of application of the provisions of this all times when the range is in use. Upon amendments will be applied final rule, see the SUPPLEMENTARY retroactively from the effective dates of completion of firings, or if the INFORMATION section. scheduled firing is canceled for any the statutory provisions. The changes to reason, fishermen and small boat FOR FURTHER INFORMATION CONTACT: June paragraphs amended solely for purposes operators will be notified as far in C. Schaeffer, Assistant Director for of clarification will not be applied advance as possible by Marine Radio Policy and Program Administration, retroactively. Accordingly, the dates of Broadcast. Education Service, Veterans Benefits application for the provisions covered (4) Persons, vessels or other craft shall Administration, 202–273–7187. by this document are as follows: October 9, 1996: §§ 21.4233(c); not enter or remain in the danger zone SUPPLEMENTARY INFORMATION: This 21.4267(a); 21.4267(b)(2); 21.7112; and when the warning flag or beacon is document amends 38 CFR part 21, 21.7612. July 28, 1997: Subparts D and being displayed unless authorized to do which contains VA educational K authority citations; §§ 21.4233(d); so by the range officer in the control assistance and educational benefit 21.4267(b)(1)(i); and 21.4267(f). tower. regulations. This document consists of (5) The regulations in this section Prior to the enactment of section 104 restatements of statute, interpretive shall be enforced by personnel attached of the Veterans’ Benefits Improvements rules, updates to authority citations, and to the Naval Air Weapons Station, Point Act of 1996 (Pub. L. 104–275), an changes for purpose of clarification. Mugu, California, and by such other individual’s enrollment in an open- Therefore, there is a basis for dispensing agencies as the Commandant, Eleventh circuit television course was permitted with prior notice and comment and Naval District, San Diego, California, for VA educational benefit purposes, delayed effective date provisions of 5 may designate. only if the course were offered as an U.S.C. 552 and 553. Dated: July 14, 1997. integral part of a residence program The Department of Defense (DOD), the Russell L. Fuhrman, leading to a standard college degree. Department of Transportation (Coast Major General, USA, Director of Civil Works. The regulations retain the requirement Guard), and VA are jointly issuing this that an open-circuit television course [FR Doc. 97–19777 Filed 7–25–97; 8:45 am] final rule insofar as it relates to the lead to a standard college degree, but BILLING CODE 3710±92±M Montgomery GI Bill—Selected Reserve. Pub. L. 104–275 removed the This program is funded by DOD and the requirement that an open-circuit Coast Guard, and is administered by television course must be pursued as a VA. The remainder of this final rule is DEPARTMENT OF DEFENSE part of a residence program. issued solely by VA. Accordingly, 38 CFR 21.4233, 21.7112, DEPARTMENT OF TRANSPORTATION The Secretary of Defense, and 21.7612 are amended to reflect this Commandant of the Coast Guard, and Coast Guard statutory change. With these changes, Secretary of Veterans Affairs hereby open-circuit television training is certify that this final rule will not have DEPARTMENT OF VETERANS treated as independent study. a significant economic impact on a AFFAIRS Under 38 U.S.C. 3680A, educational substantial number of small entities as assistance is provided to veterans they are defined in the Regulatory 38 CFR Part 21 enrolled in independent study Flexibility Act, 5 U.S.C. 601–612. This programs. A definition of ‘‘independent final rule will not cause educational RIN 2900±AI34 study’’ is set forth at 38 CFR 21.4267. institutions to make significant changes Veterans Education: Approval of This definition was intended to in their activities and will not have Training by Independent Study, interpret the statutory term discernible monetary effects. Pursuant Including Television ‘‘independent study.’’ The definition to 5 U.S.C. 605(b), this final rule, necessitates interaction between the therefore, is exempt from the initial and AGENCIES: Department of Defense, student and the faculty. Previously, final regulatory flexibility analyses Department of Transportation (Coast § 21.4267 provided that such interaction requirements of sections 603 and 604. Guard), and Department of Veterans could be by mail, by telephone, or in The Catalog of Federal Domestic Affairs. person. The definition, however, was Assistance numbers for programs ACTION: Final rule. not intended to restrict the use of other affected by this final rule are 64.117, available means of communication. 64.120, and 64.124. The final rule also SUMMARY: This document amends the Accordingly, the definition of affects the Montgomery GI Bill— educational assistance and educational ‘‘independent study’’ is changed to Selected Reserve for which there is no benefit regulations of the Department of include the use of modern Catalog of Federal Domestic Assistance Veterans Affairs (VA). It updates the communication technologies for the number. 40280 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
List of Subjects in 38 CFR Part 21 (Authority: 38 U.S.C. 3014, 3523, 3672, ENVIRONMENTAL PROTECTION 3676(e), 3680A(a)) Administrative practice and AGENCY procedure, Armed forces, Civil rights, (b) * * * 40 CFR Parts 52 and 81 Claims, Colleges and universities, (1) * * * Conflict of interests, Defense (i) It consists of a prescribed program Department, Education, Employment, of study with provision for interaction [OH107±2a; KY94±9717a; FRL±5863±8] Grant programs—education, Grant between the student and the regularly programs—veterans, Health care, Loan employed faculty of the institution of Clean Air Act Promulgation of programs—education, Loan programs— higher learning. The interaction may be Extension of Attainment Date for veterans, Manpower training programs, personally or through use of Ozone Nonattainment Area; Ohio; Reporting and recordkeeping communications technology, including Kentucky requirements, Schools, Travel and mail, telephone, videoconferencing, AGENCY: Environmental Protection transportation expenses, Veterans, computer technology (to include Agency (EPA). Vocational education, Vocational electronic mail), and other electronic rehabilitation. means; ACTION: Direct final rule; withdrawal. Approved: April 25, 1997. * * * * * (Authority: 38 U.S.C. 3523, 3676(e), Jesse Brown, SUMMARY: On May 27, 1997 (62 FR 3680A(a)) Secretary of Veterans Affairs. 28634), EPA extended the attainment * * * * * date for the Cincinnati-Hamilton Approved: July 7, 1997. (f) Course approval. A State approving interstate moderate ozone Normand G. Lezy, agency may approve a course offered by nonattainment area from November 15, Lieutenant General, USAF, Deputy Assistant independent study or a combination of 1996 to November 15, 1997. This Secretary (Military Personnel Policy). independent study and resident training extension was based in part on Approved: June 13, 1997. only if— monitored air quality readings for the Alan M. Steinman, (1) The course is accredited and leads national ambient air quality standard Assistant Commandant for Human Resources to a standard college degree; and (NAAQS) for ozone during 1996. Acting. (2) The course meets the requirements Accordingly, EPA revised the table in of § 21.4253. For the reasons set forth in the the Code of Federal Regulations preamble, 38 CFR part 21 (subparts D, (Authority: 38 U.S.C. 3672, 3675, concerning ozone attainment dates in K, and L) are amended as set forth 3680A(a)(4)) this area. The EPA is withdrawing this below. final rule due to the receipt of adverse Subpart KÐAll Volunteer Force comments on EPA’s rulemaking action. PART 21ÐVOCATIONAL Educational Assistance Program In a subsequent final rule, EPA will REHABILITATION AND EDUCATION (Montgomery GI BillÐActive Duty) summarize and respond to the 4. The authority citation for subpart K comments received and announce final Subpart DÐAdministration of is revised to read as follows: rulemaking action on the attainment Educational Assistance Programs date extension requests. Authority: 38 U.S.C. 501(a), chs. 30, 36, 1. The authority citation for part 21, unless otherwise noted. EFFECTIVE DATE: July 28, 1997. subpart D, is revised to read as follows: 5. In § 21.7112, paragraph (c) is ADDRESSES: Copies of the documents Authority: 10 U.S.C. ch. 1606; 38 U.S.C. revised to read as follows: relevant to this action are available for 501(a), chs. 30, 32, 34, 35, 36, unless public inspection during normal otherwise noted. § 21.7112 Programs of education business hours at the following combining two or more types of courses. 2. In § 21.4233, paragraph (d) is locations: amended by removing ‘‘a veteran or * * * * * other’’ and adding, in its place, ‘‘an’’; (c) Television. In determining whether U.S. Environmental Protection Agency, and paragraph (c) is revised to read as a veteran or servicemember may pursue Atlanta Federal Center, Region 4, Air follows: all or part of a program of education Planning Branch, 61 Forsyth Street under 38 U.S.C. chapter 30 by S.W., Atlanta, Georgia 30303–3104. § 21.4233 Combination. television, VA will apply the provisions U.S. Environmental Protection Agency, * * * * * of § 21.4233(c). Region 5, Regulation Development (c) Television. (1) A course offered by (Authority: 38 U.S.C. 3034(a)) Branch, 77 West Jackson Boulevard, open-circuit television is an Chicago, Illinois 60604. independent study course. In order for 6. In § 21.7612, paragraph (b) is an eligible person to receive educational revised to read as follows: FOR FURTHER INFORMATION CONTACT: assistance while pursuing such a course, Randolph O. Cano at (312) 886–6036 or § 21.7612 Programs of education Joseph M. LeVasseur at (404) 562–9035. the course must meet all the combining two or more types of courses. requirements for independent study * * * * * List of Subjects in 40 CFR Part 52 found in § 21.4267. (b) Television. In determining whether Environmental protection, Air (Authority: 38 U.S.C. 3523, 3680A) a reservist may pursue all or part of a pollution control, Intergovernmental program of education by television, VA * * * * * relations, Ozone, Volatile organic 3. In § 21.4267, the authority citations will apply the provisions of compounds. for paragraphs (a) and (b), and § 21.4233(c). paragraph (b)(1)(i) are revised, and (Authority: 10 U.S.C. 16136(b); 38 U.S.C. List of Subjects in 40 CFR Part 81 paragraph (f) is added to read as follows: 3680A) Environmental protection, Air § 21.4267 Approval of independent study. [FR Doc. 97–19728 Filed 7–25–97; 8:45 am] pollution control, National parks, (a) * * * BILLING CODE 8320±01±P Wilderness areas. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40281
Dated: July 8, 1997. Need for Correction Dated: July 18, 1997. Michael V. Peyton, R.C. North, As published, the interim rule Acting Regional Administrator, Region 4. contains errors that may prove to be Rear Admiral, U.S. Coast Guard, Assistant Dated: July 17, 1997. Commandant for Marine Safety and misleading and therefore need to be Environmental Protection. David A. Ullrich, corrected. Accordingly, make the [FR Doc. 97–19784 Filed 7–25–97; 8:45 am] Acting Regional Administrator, Region 5. following corrections to 46 CFR part 10: BILLING CODE 4910±14±M Accordingly, under the authority of List of Subjects in 46 CFR Part 10 42 U.S.C. 7401–7671q, the final rule Fees, Marine safety, Incorporation by published on May 27, 1997 (62 FR FEDERAL COMMUNICATIONS 28634) is withdrawn. reference, Reporting and recordkeeping requirements, Schools, Seamen, Vessels. COMMISSION [FR Doc. 97–19643 Filed 7–25–97; 8:45 am] 47 CFR Parts 0, 2, 80, and 87 BILLING CODE 6560±50±P PART 10ÐLICENSING OF MARITIME PERSONNEL [PR Docket No. 92±257; FCC 97±217]
1. The authority citation for part 10 Maritime and Aviation DEPARTMENT OF TRANSPORTATION continues to read as follows: Communications Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, AGENCY: Federal Communications Coast Guard 2103, 2110; 46 U.S.C. Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec. Commission. 46 CFR Part 10 10.107 also issued under the authority of 44 ACTION: Final rule. U.S.C. 3507. [CGD 95±062] SUMMARY: The Commission has adopted 2. In the section ‘‘Discussion of a Second Report and Order in PR RIN 2115±AF26 Comments and Changes’’, on page Docket No. 92–257 which provides 34515, in line 9 of the first paragraph of adaptive regulations and improves radio Implementation of the 1995 the first column under the heading communications capabilities in the Amendments to the International ‘‘Simulators’’, ‘‘Technology and maritime services. Specifically, the Convention on Standards of Training, Graduated studies’’ should read Commission amends the maritime Certification and Watchkeeping for ‘‘Technology and Graduate Studies’’. service rules to permit medium Seafarers, 1978 (STCW) 3. On page 34522, 2nd column, 2nd frequency (MF), high frequency (HF), paragraph, line 12, the sentence should and very high frequency (VHF) public AGENCY: Coast Guard, DOT. end: ‘‘* * * new requirements under coast stations to automatically connect ACTION: Interim rule; corrections. §§ 10.205 (l), (m), (n), (o), or (p), 10.304, marine radios with the public switched or 10.901:’’. network (PSN); allow VHF public coast SUMMARY: This document contains 4. On page 34524, 2nd column, last stations to serve units on land, provided corrections to the interim rule [CGD 95– paragraph the reference to paragraph (e) priority is given to communications 062], published on Thursday, June 26, should be to paragraph (a). originating on vessels; eliminate the 1997 (FR Doc. 97–16109). The rule 5. On page 34525, 1st column, line 12, requirement for VHF public coast amends the domestic rules on licensing stations to provide a showing of channel and documentation of personnel serving the reference to August 1, 2002, should be to February 1, 2002. loading prior to assignment of on U.S. seagoing vessels. It implements additional channels; require a minimum the International Convention on § 10.202 [Corrected] digital selective calling (DSC) capability Standards of Training, Certification and 6. On page 34529, § 10.202(k) should on all MF, HF, and VHF radios; permit Watchkeeping for Seafarers, 1978 brief scanning transmissions in the 2–30 (STCW), as amended in 1995. begin: ‘‘Notwithstanding § 10.205 (l), (m), (n), (o) and (p), § 10.304, and MHz band for the purposes of automatic DATES: The interim rule and this * * *’’. link establishment (ALE); permit vessel correction becomes effective on July 28, and coast stations to utilize alternative 1997. 7. On page 34530, from § 10.202(l), remove ‘‘* * * meet the requirements data communications protocols on FOR FURTHER INFORMATION CONTACT: of subpart J, because the vessels are narrow-band direct-printing (NB-DP) Mr. Christopher Young, Project ** *’’, and add in its place, ‘‘* ** frequencies; and eliminate unnecessary Manager, Operating and Environmental hold STCW certificates or regulatory burdens on the boating Standards (G–MSO), U.S. Coast Guard endorsements, because they are * * * ’’. public. Headquarters, 2100 Second Street SW., DATES: Effective August 27, 1997. § 10.205 [Corrected] Washington, DC 20593–0001, telephone FOR FURTHER INFORMATION CONTACT: Scot (202) 267–0216. 8. On page 34530, in § 10.205, remove Stone of the Wireless SUPPLEMENTARY INFORMATION: the (1) after the heading of paragraph (l). Telecommunications Bureau, Public 9. On the same page, in Safety and Private Wireless Division, at Background § 10.205(n)(1)(ii), change ‘‘approved’’ to (202) 418–0638 or via E-mail to The interim rule that is the subject of ‘‘approved or accepted’’. ‘‘[email protected]’’. these corrections changes the Coast 10. On the same page, in SUPPLEMENTARY INFORMATION: This is a Guard’s domestic rules on licensing, § 10.205(n)(2), ‘‘Paragraph (m)’’ should summary of the Commission’s Second documentation, and manning, in read ‘‘Paragraph (n)(1)’’. Report and Order in the Second Report compliance with amendments to STCW. and Order and Second Further Notice of These amendments were adopted by a § 10.209 [Corrected] Proposed Rule Making, PR Docket No. Conference of Parties to STCW in July 11. On page 34531, in § 10.209(k), line 92–257, FCC 97–217, adopted June 17, 1995, and came into force on February 9 should read ‘‘* * * (l), (m), (n), and 1997, and released June 26, 1997, with 1, 1997. (o) in § 10.205 and shall * * *’’. Commissioner Ness issuing a statement. 40282 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
The full text of this Second Report and and must provide a showing of correction techniques will be permitted Order and Second Further Notice of significant channel usage prior to on NB–DP frequencies. Proposed Rule Making is available for obtaining an additional channel. This 8. Seventh, the Commission will inspection and copying during normal type of channel loading requirement allow trunking on public coast station business hours in the FCC Reference unfairly impairs the ability of public spectrum, pending the result of a Center (Room 239), 1919 M Street, N.W., coast stations to compete with other separate proceeding to consider Washington, D.C. The complete text Commercial Mobile Radio Service trunking in the marine VHF band based may be purchased from the providers. on any applicable recommendations Commission’s copy contractor, 4. Third, the Commission amends the adopted by the 1997 World International Transcription Services, rules to allow VHF public coast stations, Radiocommunication Conference. 2100 M Street, N.W., Washington, D.C. including Automated Maritime 9. Finally, the Commission amends 20037, telephone (202) 857–3800. Telecommunications System (AMTS) the rules to eliminate unnecessary coast stations, to serve units on land, regulatory burdens on the boating Summary of the Second Report and both fixed and mobile (including hand- Order in the Second Report and Order public. Instead of requiring the owner to held units), provided that priority is modify its license every time it and Second Further Notice of Proposed given to communications originating on Rule Making purchases new equipment, the licensing vessels. This will permit public coast rules are amended to provide a blanket 1. The Commission initiated the stations to expand marine authorization to use all marine radio instant proceeding to update the telecommunications services and reduce frequencies normally available to vessel Maritime Service rules to promote the communications costs for vessel operators. The license may be kept use of new, spectrally efficient radio operators, while preserving the core anywhere on board instead of being communications techniques. In the safety purpose of the marine radio posted at at the principal control point Further Notice of Proposed Rule Making spectrum. of the station. Also, a 90-day grace (60 FR 34198, June 30, 1995), the 5. Fourth, the Commission amends period following the expiration of ship Commission proposed rules to provide the rules to require a minimum DSC and aircraft station licenses will be more flexible regulatory treatment of capability on all MF, HF, and VHF allowed during which a licensee can public coast stations, relief from radios. Upon full implementation of the renew its license and retain the same congestion on maritime frequencies, Global Maritime Distress and Safety call sign. enhancements in marine System in 1999, compulsory vessels, 10. The Commission also amends the communications equipment, and a i.e., ships required to carry radio rules to allow mobile units to be used reduction in regulatory burdens for non- equipment for safety purposes, will be under private coast station licenses, and commercial marine radio users. The equipped with DSC equipment, and to permit VHF private coast stations that Commission also asked for comment on vessels using conventional marine operate at less than 25 watts carrier ways to increase the efficient use of radios will not be able to communicate power to use transmitters with a maritime radio spectrum and remove with them. To ensure interoperable frequency tolerance of 10 parts per economic disincentives for coast and distress and safety communications million (the same power frequency mobile station operators, while ensuring among compulsory and exempt vessels, tolerance as transmitters type accepted that the safety of life and property at sea all type acceptance applications for new for ship operation). The Commission was not adversely affected. In order to MF, HF, and VHF marine radios amends the rules to permit data and permit the implementation of state-of- received by the Commission on or after facsimile transmission over marine VHF the-art communications techniques June 17, 1999 must comply with channel 68 (156.425 MHz) between found in most other land mobile radio international or Coast Guard DSC vessels and between vessels and private services, the Commission amends the requirements, though radios for which coast stations serving Alaskan waters, rules as follows: type acceptance applications are and to automatically add marine VHF 2. First, the Commission amends the received before that date will be channel 68 to all current Alaskan rules to permit MF, HF, and VHF public permitted to be manufactured and used private coast station licenses, for coast stations to automatically connect indefinitely. marine radios with the PSN using any 6. Fifth, the Commission amends the facsimile and data transmissions only. 11. The Commission also amends the ‘‘open’’ communications protocol, i.e., rules to permit brief scanning rules to provide for the joint use of any means of radio signaling whose transmissions on a secondary, non- marine VHF frequencies by commercial documentation is available to the interference basis in the 2–30 MHz band general public and is non-proprietary in for the purposes of ALE. ALE systems and non-commercial vessels in regions nature. Because automatic eliminate the need for a trained radio to be chosen based on the interconnection eliminates the need for operator by automatically checking the recommendations of the Coast Guard. an operator to connect calls, the quality of each frequency and selecting Regulatory Flexibility Act Commission amends the rules to a clear channel for the user. The eliminate the current requirement that a Commission also amends the table of Final Regulatory Flexibility Analysis licensed operator be on duty at the frequency allocations set out in its rules 12. As required by Section 603 of the control point of the station. The to reflect the decisions of the 1995 Regulatory Flexibility Act (RFA), 5 Commission also eliminates the World Radiocommunication Conference U.S.C. 603, an Initial Regulatory requirement to have a licensed operator for these frequency bands. Flexibility Analysis (IRFA) was at radiotelephone coast stations. 7. Sixth, the Commission amends the incorporated into the Further Notice of 3. Second, the Commission amends rules to permit vessel and coast stations Proposed Rule Making in this the rules to eliminate the requirement to utilize alternative data proceeding (Further Notice). The for VHF public coast stations to provide communications protocols on NB–DP Commission sought written public a showing of channel loading prior to frequencies. To increase technical comments on the proposals in the assignment of additional channels. flexibility for vessel operators, the use of Further Notice, including on the IRFA. Presently, VHF public coast stations are advanced digital communications The Commission’s Final Regulatory initially authorized for a single channel protocols, higher data rates, and error Flexibility Analysis (FRFA) for the Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40283
Second Report and Order conforms to demands. Small business commenters Bureau of Census, which is the most the RFA, as amended by the Contract also pointed out that restricting the comprehensive and recent information With America Advancement Act of 1996 types or number of land units to be available, shows that approximately 925 (CWAAA), Pub. L. No. 104–121, 110 served by VHF public coast stations out of the 948 entities manufacturing Stat. 847 (1996).1 would inhibit a station’s ability to radio and television transmitting 13. Need for and Purpose of the provide needed services (e.g., customers equipment in 1992 employed less than Action. Our objective is to promote using hand-held radios or dockside 750 persons. We are unable to discern innovative telecommunications dispatch stations) and prevent a station from the Census data precisely how services, improve communications from maximizing maritime spectrum many of these manufacturers produce capabilities, and reduce regulatory efficiency. Further, small business marine radios. Further, any entity may burdens for licensees in the Maritime commenters asked that the Commission choose to manufacture of produce Service. Specifically, this action will: (1) require marine radios to have a marine radio equipment. Therefore, for permit public coast stations to provide minimum DSC capability which is less the purposes of our evaluations and automated services, immediately obtain extensive and cheaper to implement conclusions in this Final Regulatory new channels, and serve units on land than the internationally mandated DSC Flexibility Analysis, we estimate that (VHF stations only); (2) ensure that standard for large cargo vessels and there are at least 925 potential affordable DSC radio equipment is passenger vessels. Small business manufacturers and importers of marine available for recreational vessels; (3) commenters also urged the Commission radio equipment which are small improve high seas communications by not to allow recreational vessels to businesses, as that term is defined by permitting ALE transmissions in the 2– communicate on marine VHF band the Small Business Administration. 30 MHz band; (4) allow stations using commercial frequencies on a nationwide 19. Estimates for public coast station NB–DP equipment to employ alternative basis. These commenters noted that licensees. The Commission has not data communications protocols; (5) such action would increase congestion developed a definition of the term reduce regulatory burdens for coast on safety channels and inhibit tugs and ‘‘small entity’’ specifically applicable to station licensees by eliminating the towing vessels from doing business via public coast station licensees. Therefore, radiotelephone operator requirement, marine radio near major ports and the applicable definition of small entity permitting hand-helds to be used under waterways. The Commission carefully is the definition under the Small private coast authorizations, unifying considered each of these comments in Business Administration rules the frequency tolerance requirement for reaching the decision set forth in herein. applicable to radiotelephone service 25 watt coast transmitters, and 16. Description and Number of Small providers. This definition provides that permitting facsimile on marine VHF Entities Involved. The rules adopted a small entity is any entity employing channel 68 in Alaska; and (6) reduce herein will apply to small businesses less than 1,500 persons. See 13 CFR regulatory burdens for ship station that choose to use, manufacture, design, 121.201, Standard Industrial licensees by providing a ‘‘blanket’’ import, or sell MF, HF, or VHF marine Classification (SIC) Code 4812. Since authorization for all radio equipment on radios. Since this rule making the Regulatory Flexibility Act board a vessel and permitting vessel proceeding applies to three groups of amendments were not in effect until the owners to store their station licenses small entities, we will analyze the record in this proceeding was closed, away from the harsh marine effects of these rules on each of these the Commission was unable to request environment. groups. information regarding the number of 14. In making these broad changes to 17. Estimates for marine radio small entities that may choose to the Maritime Service rules, we find that manufacturers/importers. The provide public coast services and is the potential benefits to the maritime Commission has not developed a unable at this time to make a community exceed any negative effects definition of the term ‘‘small entity’’ meaningful estimate of the number of that may result from the promulgation specifically applicable to marine radio potential public coast service providers of rules for this purpose. Thus, we manufacturers and importers. Therefore, which are small businesses. conclude that the public interest is the applicable definition of small entity 20. The size data provided by the served by amending our rules as is the definition under the Small Small Business Administration does not described above. Business Administration rules enable us to make a meaningful estimate 15. Issues Raised in Response to the applicable to radio and television of the number of public coast station IRFA. No comments were submitted in broadcasting and communications licensees which are small businesses. response to the IRFA. In general equipment manufacturers. This Therefore, we used the 1992 Census of comments on the Further Notice, definition provides that a small entity is Transportation, Communications, and however, some small business any entity employing less than 750 Utilities, conducted by the Bureau of commenters raised issues that might persons. See 13 CFR 121.201, Standard Census, which is the most recent affect small business entities. In Industrial Classification (SIC) Code information available. This document particular, some small business 3663. Since the Regulatory Flexibility shows that only 12 radiotelephone firms commenters argued that requiring Act amendments were not in effect until out of a total of 1,178 such firms which public coast stations to use a standard the record in this proceeding was operated during 1992 had 1,000 or more signaling protocol (e.g., DSC) is closed, the Commission was unable to employees. There are over 50 public unnecessary, would be overly request information regarding the coast station licensees. Based on the burdensome to licensees that have number of small entities that may proposals contained herein, it is already started developing alternative choose to manufacture or import marine unlikely that more than 9 licensees will protocols, and would inhibit the radio equipment and is unable at this be authorized in the future. Therefore, development of innovative protocols to time to make a meaningful estimate of for purposes of our evaluations and better respond to regional market the number of potential manufacturers conclusions in this FRFA, we estimate or importers which are small that there are approximately 50 public 1 Subtitle II of the CWAAA is ‘‘The Small businesses. coast station licensees which are small Business Regulatory Enforcement Fairness Act of 18. The 1992 Census of businesses, as that term is defined by 1996’’ (SBREFA), codified at 5 U.S.C. 601 et seq. Manufacturers, conducted by the the Small Business Administration. 40284 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
21. Estimates for private coast station operated, portable hand-held radio would have hidden costs for small licensees. The Commission has not equipment or to AMTS equipment businesses that may have literature or developed a definition of the term operating in the 216–220 MHz band. All training information referencing the ‘‘small entity’’ specifically applicable to classes of small businesses could present call sign. Sixth, it has decided private coast station licensees. potentially be affected by this not to continue requiring private coast Therefore, the applicable definition of requirement. In order to have a unit type station licensees to get a separate marine small entity is the definition under the accepted, a small entity would have to utility station license to use hand-held Small Business Administration rules test the radio equipment and provide radios. This approach eliminates the applicable to radiotelephone service clerical support to file the requisite FCC need for private coast station licensees providers. This definition provides that application forms. Both of these to apply for this additional license and a small entity is any entity employing functions could be handled by a third pay a fee. Seventh, it has decided to less than 1,500 persons. See 13 CFR party. eliminate the frequency tolerance 121.201, Standard Industrial 24. Steps Taken to Minimize Burdens requirement for low powered private Classification (SIC) Code 4812. Since of Small Entities. The Commission in coast stations. This approach will allow the Regulatory Flexibility Act this proceeding has considered private coast stations to use economical amendments were not in effect until the comments on ways to implement broad ship radios for short range record in this proceeding was closed, changes to the maritime service rules. In communications from land. Eighth, it the Commission was unable to request doing so, the Commission has adopted has decided to authorize, by rule, information regarding the number of alternatives which minimize burdens private coast stations and vessels small entities that may choose to placed on small entities. First, it has communicating in Alaskan waters to use provide private coast services and is decided to permit land units to operate marine VHF channel 68. This approach unable at this time to make a under the authority of an associated eliminates the need for private coast meaningful estimate of the number of public coast station’s license without station licensees to modify their potential private coast service providers having to be individually licensed by licenses, and pay a fee, to request the which are small businesses. the Commission. This approach new authority. 22. The size data provided by the eliminates the need for fixed and mobile 25. Significant Alternatives Small Business Administration does not units on land to file forms and submit Considered and Rejected. The enable us to make a meaningful estimate fees to the Commission. Second, it has Commission considered and rejected of the number of private coast station licensees which are small businesses. decided to permit marine radio several significant alternatives. The Therefore, we used the 1992 Census of manufacturers to continue producing Commission rejected the alternative of Transportation, Communications, and and selling conventional marine radios requiring public coast stations to Utilities, conducted by the Bureau of indefinitely, even though it has set a implement DSC as the single protocol Census, which is the most recent deadline for the type acceptance for for automatic interconnection because it information available. This document such equipment. This approach determined that licensees should be shows that only 12 radiotelephone firms manufacturers to sell existing stock and given the flexibility to respond to out of a total of 1,178 such firms which continue to sell units to vessel operators market demands using the most efficient operated during 1992 had 1,000 or more in areas of the country where DSC and cost effective protocols available for employees. There are presently over 100 capability is not needed or desired. their particular area of the country. The private coast station licensees. There is Third, it has decided not to license each Commission also rejected the alternative no limitation, however, as to the ALE transmitter individually. This of limiting public coast station serve to number of private coast station licensees approach provides for system licensing units on land to a certain number of that may be authorized. Therefore, for of ALE transmitters nationwide and vehicles. Instead, it determined that purposes of our evaluations and greatly reduces filing burdens for licensees should be given the flexibility conclusions in this Final Regulatory licensees providing ALE service. Fourth, to serve any number of fixed or mobile Flexibility Analysis, we estimate that it has decided not to mandate DSC as units so long as they provide priority to there are over 100 private coast station the single protocol to be used by public marine-originating communications. licensees which are small businesses, as coast stations for interconnection with The Commission rejected the alternative that term is defined by the Small the PSN. This approach permits coast of prohibiting the sale, after a certain Business Administration. station licensees to choose an date, conventional marine radios 23. Summary of Projected Reporting, interconnection protocol that meets without a DSC capability. Instead, it Recordkeeping, and Other Compliance market demands, rather than determined that small businesses and Requirements. In order to provide for presupposing a protocol that may be too vessel operators may have a future need distress signaling capabilities for expensive or undesirable to implement for non-DSC radios in areas of the recreational vessels we are imposing a in certain areas of the country. Fifth, it country where DSC is not needed or single regulatory burden that may affect has decided to simplify ship and aircraft desirable. The Commission rejected the small businesses. Each MF, HF, and radio licensing and provide a 90-day alternative of requiring all DSC marine VHF marine radio for which an grace period for renewing ship and radios to meet an international standard. application for type acceptance is aircraft station licenses. This approach Instead, it determined that the SC101 received on or after June 17, 1999, must eliminates the need for licensees to re- minimum DSC capability, as endorsed comply with either the international notify the Commission and pay a by the Coast Guard, will provide requirements set forth in ITU–R modification fee each time a new type manufacturers with the technical Recommendation 493 (including only of radio equipment is added to the flexibility to respond to the equipment classes A, B, D, and E) or the station. Further, this approach communications needs of all types of minimum requirements set forth in eliminates the need for licensees to vessels, e.g., commercial vessels sailing Radio Technical Commission for apply for a new station license, and be internationally, recreational vessels on Maritime Services Paper 56–95/SC101– assigned a new call sign in cases where inland waterways. The Commission STD (SC101). This requirement, they forget to renew their license before rejected the alternative of including however, will not apply to battery- it expired. Changing a station’s call sign telegraph and NB-DP authority in the Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40285
‘‘blanket license’’ for vessel stations List of Subjects (VTS) and establish marine channels as because it determined that stations VTS frequencies for these areas; or 47 CFR Part 0 using telegraphy or NB-DP must ask for (2) Designate regions for shared a Morse working series or SELCAL Organization and functions commercial and non-commercial vessel number. Because these are allocated (Government agencies). use of VHF marine frequencies. internationally and are used by only a 47 CFR Parts 2, 80, and 87 small percentage of U.S. vessels, it PART 2ÐFREQUENCY ALLOCATIONS would be unreasonable to hand out Communications equipment, Radio. AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS Morse working series and SELCAL Federal Communications Commission. numbers to each vessel requesting a William F. Caton, 3. The authority citation for part 2 license. The Commission rejected the Acting Secretary. continues to read as follows: alternative of permitting facsimile Rule Changes Authority: Secs. 4, 302, 303, and 307 of the transmissions on marine VHF Communications Act of 1934, as amended, frequencies nationwide because it 47 CFR Parts 0, 2, 80, and 87 are 47 U.S.C. Sections 154, 154(i), 302, 303, determined, as the Coast Guard states, amended as follows: 303(r), and 307, unless otherwise noted. that there is too much congestion on 4. Amend § 2.106 as follows: PART 0ÐCOMMISSION marine VHF channels at this point to a. Remove the existing entries for ORGANIZATION introduce data communications. 2000–28000 kHz, 28–30 MHz, and Instead, this issue is best addressed at 158.115–161.575 MHz; the same time the Commission 1. The authority citation for part 0 continues to read as follows: b. Add entries in numerical order for considers narrowband operations. The 2000–27500 kHz, 27.5–30 MHz, and Authority: Sec. 5, 48 Stat. 1068, as Commission rejected the alternative of 158.115–161.575 MHz; combining the ‘‘commerical’’ and ‘‘non- amended; 47 U.S.C. 155, 255, unless otherwise noted. c. In the International Footnotes commerical’’ classifications of private under heading I., add footnotes S5.92, marine VHF channels because it 2. Section 0.331(d) is revised to read S5.93, S5.103, S5.104, S5.105, S5.106, determined, and the Coast Guard as follows: S5.107, S5.108, S5.109, S5.110, S5.111, agreed, that such sharing would be § 0.331 Authority delegated. S5.112, S5.113, S5.114, S5.115, S5.116, limited to niche markets and specific S5.117, S5.118, S5.119, S5.120, S5.122, regions of the country. Instead, the * * * * * S5.123, S5.124, S5.125, S5.126, S5.127, Commission will consider specific (d) Authority concerning rulemaking S5.128, S5.129, S5.130, S5.131, S5.132, requests by the Coast Guard to proceedings. The Chief, Wireless S5.133, S5.134, S5.135, S5.136, S5.137, implement sharing on a regional basis. Telecommunications Bureau shall not S5.138, S5.139, S5.140, S5.141, S5.142, Finally, the Commission rejected the have the authority to act upon notices S5.143, S5.144, S5.145, S5.146, S5.147, alternative of permitting public coast of proposed rulemaking and inquiry, S5.148, S5.151, S5.152, S5.153, S5.154, stations to share private land mobile final orders in rulemaking proceedings S5.155, S5.155A, S5.155B, S5.156, radio (PLMR) frequencies because it and inquiry proceedings, and reports S5.156A, S5.157, S5.226, and S5.229 in determined that such sharing should be arising from any of the foregoing except numerical order; considered only after the resolution of such orders involving ministerial d. In the International Footnotes PLMR service consolidation issues. conforming amendments to rule parts, under heading II., remove footnotes 496, or orders conforming any of the 26. Report to Congress. The 497, 498, 500, 500A, 500B, 502, 503, applicable rules to formally adopted 504, 505, 506, 507, 508, 509, 511, 512, Commission shall send a copy of this international conventions or agreements Final Regulatory Flexibility Analysis 513, 514, 515, 516, 517, 518, 519, 520, where novel questions of fact, law, or 520A, 520B, 521, 522, 523, 524, 525, with this Second Report and Order in a policy are not involved. Also, the report to Congress pursuant to Section 526, 527, 528, 529, 529A, 530, 531, 532, addition of new Marine VHF frequency 533, 534, 535, 536, 537, 538, 539, 540, 251 of the Small Business Regulatory coordination committee(s) to § 80.514 of Enforcement Fairness Act of 1996, 5 541, 542, 543, 544, 545, and 546; this chapter need not be referred to the e. Add footnote US340 in numerical U.S.C. 801(a)(1)(A). Commission if they do not involve order; and Paperwork Reduction Act novel questions of fact, policy or law, as f. Add footnote NG155 in numerical well as requests by the United States order. 27. This Second Report and Order Coast Guard to: does not contain either a proposed or (1) Designate radio protection areas § 2.106 Table of Frequency Allocations. modified information collection. for mandatory Vessel Traffic Services * * * * *
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
******* 2000±2025 2000±2025 2000±2025 2000±2025 2000±2025 FIXED FIXED FIXED FIXED MARITIME MO- MARITIME (80) MOBILE except MOBILE MOBILE MOBILE BILE aeronautical mo- bile (R) 40286 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
S5.92 S5.103 US340 US340 NG19
2025±2045 2025±2045 2025±2045 2025±2045 2025±2045 FIXED FIXED FIXED FIXED MARITIME MO- MARITIME (80) MOBILE except MOBILE MOBILE MOBILE BILE aeronautical mo- bile (R) Meteorological Aids S5.104 S5.92 S5.103 US340 US340 NG19
2045±2065 2045±2065 2045±2065 2045±2065 2045±2065 FIXED FIXED FIXED FIXED MARITIME MO- MARITIME (80) MARITIME MO- MOBILE MOBILE MOBILE BILE BILE LAND MOBILE S5.92 US340 US340 NG19
2065±2107 2065±2107 2065±2107 2065±2107 2065±2107 FIXED MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) MARITIME MO- BILE S5.105 BILE S5.105 BILE S5.105 BILE S5.105 BILE LAND MOBILE S5.92 S5.106 S5.106 US296 US340 US296 US340
2107±2160 2107±2160 2107±2160 2107±2160 2107±2160 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MARITIME MO- MOBILE MOBILE MOBILE MARITIME MO- INTERNATIONAL BILE BILE FIXED PUBLIC LAND MOBILE LAND MOBILE (23) MARITIME (80) PRIVATE LAND S5.92 US340 US340 NG19 MOBILE (90)
2160±2170 2160±2170 2160±2170 2160±2170 2160±2170 RADIOLOCATION FIXED FIXED FIXED FIXED AVIATION (87) MOBILE MOBILE MOBILE MARITIME MO- INTERNATIONAL BILE FIXED PUBLIC LAND MOBILE (23) MARITIME (80) PRIVATE LAND S5.93 S5.107 US340 US340 NG19 MOBILE (90)
2170±2173.5 2170±2173.5 2170±2173.5 2170±2173.5 2170±2173.5 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE BILE BILE BILE (teleph- BILE ony)
US340 US340
2173.5±2190.5 2173.5±2190.5 2173.5±2190.5 2173.5±2190.5 2173.5±2190.5 MOBILE (distress MOBILE (distress MOBILE (distress MOBILE (distress MOBILE (distress AVIATION (87) 2182 kHz: distress and calling) and calling) and calling) and calling) and calling) MARITIME (80) and calling S5.108 S5.109 S5.108 S5.109 S5.108 S5.109 S5.108 S5.109 S5.108 S5.109 S5.110 S5.111 S5.110 S5.111 S5.110 S5.111 S5.110 S5.111 S5.110 S5.111 US279 US340 US279 US340
2190.5±2194 2190.5±2194 2190.5±2194 2190.5±2194 2190.5±2194 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE BILE BILE BILE (teleph- BILE ony)
US340 US340 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40287
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
2194±2300 2194±2300 2194±2300 2194±2300 2194±2300 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE MOBILE MOBILE LAND MOBILE INTERNATIONAL aeronautical mo- MARITIME MO- FIXED PUBLIC bile (R) BILE (23) MARITIME (80) PRIVATE LAND MOBILE (90) S5.92 S5.103 S5.112 US340 US340 NG19 S5.112
2300±2495 2300±2495 2300±2495 2300±2495 2300±2495 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE MOBILE MOBILE LAND MOBILE INTERNATIONAL aeronautical mo- BROADCASTING BROADCASTING MARITIME MO- FIXED PUBLIC bile (R) S5.113 S5.113 BILE (23) BROADCASTING MARITIME (80) S5.113 PRIVATE LAND MOBILE (90) S5.103 US340 US340 NG19
2495±2498 2495±2498 2495±2498 2495±2498 2495±2498 FIXED STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- MOBILE except QUENCY AND QUENCY AND QUENCY AND QUENCY AND aernoautical mo- TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL bile (R) (2500 kHz) (2500 kHz) (2500 kHz) BROADCASTING S5.113 S5.103 US340 US340
2498±2501 2498±2501 2498±2501 2498±2501 2498±2501 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- 2500 kHz: stand- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND ard frequency TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL (2500 kHz) (2500 kHz) (2500 kHz) (2500 kHz) US340 US340
2501±2502 2501±2502 2501±2502 2501±2502 2501±2502 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL Space Research Space Research Space Research US340 G106 US340
2502±2505 2502±2505 2502±2505 2502±2505 2502±2505 FIXED STANDARD FRE- STANDARD FRE- STANDARD STANDARD MOBILE except QUENCY AND QUENCY AND FRQUENCY FRQUENCY aeronautical mo- TIME SIGNAL TIME SIGNAL AND TIME SIG- AND TIME SIG- bile (R) NAL NAL S5.92 S5.103 US340 US340 S5.114
2505±2605 2505±2605 2505±2605 2505±2605 2505±2605 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE MOBILE MOBILE LAND MOBILE INTERNATIONAL aeronautical mo- MARITIME MO- FIXED PUBLIC bile (R) BILE (23) MARITIME (80) PRIVATE LAND MOBILE (90) 40288 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
S5.92 S5.103 US285 UA340 US285 US340 S5.114
2605±2625 2605±2625 2605±2625 2605±2625 2605±2625 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE MOBILE MOBILE LAND MOBILE INTERNATIONAL aeronautical mo- MARITIME MO- FIXED PUBLIC bile (R) BILE (23) US285 US340 MARITIME (80) PRIVATE LAND MOBILE (90) S5.92 S5.103 US285 UA340 US285 US340 S5.114
2625±2650 2625±2650 2625±2650 2625±2650 2625±2650 AVIATION (87) MARITIME MO- FIXED FIXED FIXED FIXED INTERNATIONAL BILE MOBILE MOBILE MOBILE LAND MOBILE FIXED PUBLIC MARITIME MARITIME MO- (23) RADIO- BILE MARITIME (80) NAVIGATION US285 US340 PRIVATE LAND MOBILE (90) PS5.92 US285 UA340 US285 US340
2650±2850 2650±2850 2650±2850 2650±2850 2650±2850 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE expect MOBILE MOBILE MOBILE LAND MOBILE INTERNATIONAL aeronautical mo- US285 US340 MARITIME MO- FIXED PUBLIC bile (R) BILE (23) US285 US340 MARITIME (80) PRIVATE LAND MOBILE (90) S5.92 S5.103 US285 UA340 US285 US340
2850±3025 2850±3025 2850±3025 2850±3025 2850±3025 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) S5.111 S5.115 S5.111 S5.115 US283 S5.111 S5.115 S5.111 S5.115 S5.111 S5.115 US283 US340 US340
3025±3155 3025±3155 3025±3155 3025±3155 3025±3155 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
3155±3200 3155±3200 3155±3200 3155±3200 3155±3200 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile (R) mobile (R) mobile (R) (23) MARITIME (80) PRIVATE LAND MOBILE (90) S5.116 S5.117 S5.116 S5.116 S5.117 US340 US340
3200±3230 3200±3230 3200±3230 3200±3230 3200±3230 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile (R) mobile (R) mobile (R) (23) BROADCASTING BROADCASTING BROADCASTING MARITIME (80) S5.113 S5.113 S5.113 PRIVATE LAND MOBILE (90) S5.116 S5.116 S5.116 US340 US340 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40289
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
3230±3400 3230±3400 3230±3400 3230±3400 3230±3400 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile mobile mobile mobile mobile (23) BROADCASTING BROADCASTING BROADCASTING Radiolocaton Radiolocaton MARITIME (80) S5.113 S5.113 S5.113 PRIVATE LAND MOBILE (90) S5.116 S5.116 S5.118 S5.116 S5.118 US340 US340
3400±3500 3400±3500 3400±3500 3400±3500 3400±3500 AVIATION (87) AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US283 US340 US283 US340
3500±3750 3500±3750 3500±3750 3500±3750 3500±3750 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) FIXED FIXED MOBILE except MOBILE aeronautical mo- bile S5.92 S5.119 US340 US340
3750±3800 3750±3800 3750±3800 3750±3800 3750±3800 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) FIXED FIXED FIXED MOBILE except MOBILE except MOBILE aeronautical mo- aeronautical bile mobile (R) S5.92 S5.122 US340 US340
3800±3900 3800±3900 3800±3900 3800±3900 3800±3900 FIXED AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) AERONAUTICAL FIXED FIXED MOBILE (OR) MOBILE except MOBILE LAND MOBILE aeronautical mobile (R) S5.122 US340 US340
3900±3950 3900±3950 3900±3950 3900±3950 3900±3950 AERONAUTICAL AMATEUR S5.120 AERONAUTICAL AMATEUR S5.120 AMATEUR (97) MOBILE (OR) FIXED MOBILE MOBILE except BROADCASTING aeronautical mobile (R) S5.123 S5.122 US340 US340
3950±4000 3950±4000 3950±4000 3950±4000 3950±4000 FIXED AMATEUR S5.120 FIXED AMATEUR S5.120 AMATEUR (97) BROADCASTING FIXED BROADCASTING MOBILE except aeronautical mobile (R) S5.122 S5.124 S5.125 S5.125 US340 US340
4000±4063 4000±4063 4000±4063 4000±4063 4000±4063 FIXED FIXED FIXED MARITIME MO- MARITIME MO- INTERNATIONAL MARITIME MO- MARITIME MO- MARITIME MO- BILE BILE FIXED PUBLIC BILE S5.127 BILE S5.127 BILE S5.127 (23) MARITIME (80) S5.126 US236 US340 US236 US340 40290 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
4063±4438 4063±4438 4063±4438 4063±4438 4063±4438 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- INTERNATIONAL BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 FIXED PUBLIC S5.110 S5.130 S5.110 S5.130 S5.110 S5.130 S5.110 S5.130 S5.110 S5.130 (23) S5.131 S5.132 S5.131 S5.132 S5.131 S5.132 S5.132 S5.132 MARITIME (80) S5.128 S5.129 S5.129 S5.128 S5.129 US82 US296 US82 US296 US340 US340
4438±4650 4438±4650 4438±4650 4438±4650 4438±4650 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile mobile (R) mobile (R) (23) MARITIME (80) PRIVATE LAND MOBILE (90) US340 US340
4650±4700 4650±4700 4650±4700 4650±4700 4650±4700 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US282 US283 US282 US283 US340 US340
4700±4750 4700±4750 4700±4750 4700±4750 4700±4750 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
4750±4850 4750±4850 4750±4850 4750±4850 4750±4850 FIXED FIXED FIXED FIXED FIXED AVIATION (87) AERONAUTICAL MOBILE except BROADCASTING MOBILE except MOBILE except INTERNATIONAL MOBILE (OR) aeronautical S5.113 aeronautical aeronautical FIXED PUBLIC LAND MOBILE mobile (R) Land Mobile mobile (R) mobile (R) (23) BROADCASTING BROADCASTING MARITIME (80) S5.113 S5.113 US340 US340
4850±4995 4850±4995 4850±4995 4850±4995 4850±4995 FIXED FIXED FIXED FIXED FIXED AVIATION (87) LAND MOBILE LAND MOBILE LAND MOBILE MOBILE INTERNATIONAL BROADCASTING BROADCASTING BROADCASTING FIXED PUBLIC S5.113 S5.113 S5.113 (23) US340 US340 MARITIME (80)
4995±5003 4995±5003 4995±5003 4995±5003 4995±5003 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- 5000 kHz: stand- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND ard frequency TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL (5000 kHz) (5000 kHz) (5000 kHz) (5000 kHz) US340 US340
5003±5005 5003±5005 5003±5005 5003±5005 5003±5005 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL Space Research Space Research Space Research US340 G106 US340
5005±5060 5005±5060 5005±5060 5005±5060 5005±5060 FIXED FIXED FIXED FIXED FIXED AVIATION (87) BROADCASTING BROADCASTING BROADCASTING INTERNATIONAL S5.113 S5.113 S5.113 FIXED PUBLIC (23) MARITIME (80) PRIVATE LAND MOBILE (90) Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40291
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
US340 US340
5060±5250 5060±5250 5060±5250 5060±5250 5060±5250 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile mobile mobile mobile mobile (23) MARITIME (80) PRIVATE LAND MOBILE (90) S5.133 US212 US340 US212 US340
5250±5450 5250±5450 5250±5450 5250±5450 5250±5450 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNAITONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile mobile mobile mobile mobile (23) MARITIME (80) PRIVATE LAND MOBILE (90) US340 US340
5450±5480 5450±5480 5450±5480 5450±5480 5450±5480 FIXED AERONUATICAL FIXED AERONAUTICAL AERONAUTICAL AVIATION (87) AERONAUTICAL MOBILE (R) AERONAUTICAL MOBILE (R) MOBILE (R) MOBILE (OR) MOBILE (OR) LAND MOBILE LAND MOBILE US283 US340 US283 US340
5480±5680 5480±5680 5480±5680 5480±5680 5480±5680 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) S5.111 S5.115 S5.111 S5.115 US283 S5.111 S5.115 S5.111 S5.115 S5.111 S5.115 US283 US340 US340
5680±5730 5680±5730 5680±5730 5680±5730 5680±5730 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) S5.111 S5.115 S5.111 S5.115 US340 S5.111 S5.115 S5.111 S5.115 S5.111 S5.115 US340
5730±5900 5730±5900 5730±5900 5730±5900 5730±5900 FIXED FIXED FIXED FIXED FIXED AVIATION (87) LAND MOBILE MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC mobile (R) mobile (R) mobile (R) mobile (R) (23) MARITIME (80) US340 US340
5900±5950 5900±5950 5900±5950 5900±5950 5900±5950 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED AVIATION (87) S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 MOBILE except MOBILE except INTERNATIONAL aeronautical aeronuatical FIXED PUBLIC mobile (R) mobile (R) (23) MARITIME (80) S5.136 S5.136 S5.136 US340 US340
5950±6200 5950±6200 5950±6200 5950±6200 5950±6200 BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING RADIO BROAD- CAST (HF)(73) US340 US340 40292 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
6200±6525 6200±6525 6200±6525 6200±6525 6200±6525 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 S5.110 S5.130 S5.110 S5.130 S5.110 S5.130 S5.110 S5.130 S5.110 S5.130 S5.132 S5.132 S5.132 S5.132 S5.132 S5.137 S5.137 S5.137 US82 US296 US82 US296 US340 US340
6525±6685 6525±6685 6525±6685 6525±6685 6525±6685 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US283 US340 US283 US340
6685±6765 6685±6765 6685±6765 6685±6765 6685±6765 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
6765±7000 6765±7000 6765±7000 6765±7000 6765±7000 FIXED FIXED FIXED FIXED FIXED AVIATION (87) 6780±15 kHz: in- LAND MOBILE LAND MOBILE LAND MOBILE MOBILE MOBILE INTERNATIONAL dustrial sci- S5.139 FIXED PUBLIC entific, and (23) medical S5.138 S5.138 S5.138 S5.138 US340 S5.138 US340
7000±7100 7000±7100 7000±7100 7000±7100 7000±7100 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- ELLITE ELLITE ELLITE ELLITE S5.140 S5.141 US340 US340
7100±7300 7100±7300 7100±7300 7100±7300 7100±7300 BROADCASTING AMATEUR S5.120 BROADCASTING AMATEUR S5.120 AMATEUR (97) S5.142 S5.142 US340 S5.142 US340
7300±7350 7300±7350 7300±7350 7300±7350 7300±7350 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED AVIATION (87) S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 MOBILE MOBILE INTERNATIONAL FIXED PUBLIC (23) MARITIME (80) PRIVATE LAND MOBILE (90) S5.143 S5.143 S5.143 US340 US340
7350±8100 7350±8100 7350±8100 7350±8100 7350±8100 FIXED FIXED FIXED FIXED FIXED AVIATION (87) LAND MOBILE LAND MOBILE LAND MOBILE LAND MOBILE LAND MOBILE INTERNATIONAL FIXED PUBLIC (23) MARITIME (80) PRIVATE LAND MOBILE (90) S5.144 US340 US340
8100±8195 8100±8195 8100±8195 8100±8195 8100±8195 FIXED FIXED FIXED FIXED FIXED MARITIME (80) MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- BILE BILE BILE BILE BILE US236 US340 US236 US340
8195±8815 8195±8815 8195±8815 8195±8815 8195±8815 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.145 S5.145 S5.145 S5.145 S5.145 S5.111 US82 S5.111 US82 US296 US296 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40293
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
S5.111 S5.111 S5.111 US340 US340
8815±8965 8815±8965 8815±8965 8815±8965 8815±8965 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US340 US340
8965±9040 8965±9040 8965±9040 8965±9040 8965±9040 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
9040±9400 9040±9400 9040±9400 9040±9400 9040±9400 FIXED FIXED FIXED FIXED FIXED INTERNATIONAL FIXED PUBLIC (23 Aviation (87) US340 US340
9400±9500 9400±9500 9400±9500 9400±9500 9400±9500 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED INTERNATIONAL S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 FIXED PUBLIC (23) MARITIME (80) Aviation (87) S5.146 S5.146 S5.146 US340 US340
9500±9900 9500±9900 9500±9900 9500±9900 9500±9900 BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING RADIO BROAD- CAST (HF) (73) INTERNATIONAL FIXED PUBLIC (23) S5.147 S5.148 S5.147 S5.148 S5.147 S5.148 S5.147 S5.148 S5.147 S5.148 US235 US340 US235 US340
9900±9995 9900±9995 9900±9995 9900±9995 9900±9995 FIXED FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) US340 US340
9995±10003 9995±10003 9995±10003 9995±10003 9995±10003 10000 kHz: stand- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- ard frequency QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL (10000 kHz) (10000 kHz) (10000 kHz) (10000 kHz) S5.111 S5.111 S5.111 S5.111 US340 S5.111 US340
10003±10005 10003±10005 10003±10005 10003±10005 10003±10005 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL Space Research S5.111 S5.111 S5.111 S5.111 US340 S5.111 US340
10005±10100 10005±10100 10005±10100 10005±10100 10005±10100 10005±10100 AERONAUTICAL AERONAUTI- AERONAUTI- AERONAUTICAL AERONAUTI- AERONAUTI- AVIATION (87) MOBILE (R) CAL MOBILE CAL MOBILE MOBILE (R) CAL MOBILE CAL MOBILE (R) (R) (R) (R) S5.111 S5.111 S5.111 S5.111 US283 S5.111 US283 US340 US340
10100±10150 10100±10150 10100±10150 10100±10150 10100±10150 FIXED Amateur FIXED FIXED AMATEUR S5.120 AMATEUR (97) S5.120 Amateur S5.120 Amateur S5.120 US247 US340 US247 US340 40294 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
10150±11175 10150±11175 1050±11175 10150±11175 10150±11175 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile (R) mobile (R) mobile (R) (23) US340 US340
11175±11275 11175±11275 11175±11275 11175±11275 11175±11275 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
11275±11400 11275±11400 11275±11400 11275±1140 11275±11400 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US283 US340 US283 US340
11400±11600 11400±11600 11400±11600 11400±11600 11400±11600 FIXED FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) US340 US340
11600±11650 11600±11650 11600±11650 11600±11650 11600±11650 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED AVIATION (87) S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 INTERNATIONAL FIXED PUBLIC (23) S5.146 S5.146 S5.146 US340 US340
11650±12050 11650±12050 11650±12050 11650±12050 11650±12050 BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING RADIO BROAD- CAST (HF)(73) INTERNATIONAL FIXED PUBLIC (23) S5.147 S5.148 S5.147 S5.148 S5.147 S5.148 US235 US340 US235 US340
12050±12100 12050±12100 12050±12100 12050±12100 12050±12100 AVIATION (87) BROADCASTING BROADCASTING BROADCASTING FIXED FIXED INTERNATIONAL S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 FIXED PUBLIC (23) S5.146 S5.146 S5.146 US340 US340
12100±12230 12100±12230 12100±12230 12100±12230 12100±12230 AVIATION (87) FIXED FIXED FIXED FIXED FIXED INTERNATIONAL FIXED PUBLIC (23) US340 US340
12230±13200 12230±13200 12230±13200 12230±13200 12230±13200 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- INTERNATIONAL BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 FIXED PUBLIC S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 (23) S5.145 S5.145 S5.145 S5.145 S5.145 MARITIME (80) US82 US296 US82 US296 US340 US340
13200±13260 13200±13260 13200±13260 13200±13260 13200±13260 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
13260±13360 13260±13360 13260±13360 13260±13360 13260±13360 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US283 US340 US283 US340 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40295
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
13360±13410 13360±13410 13360±13410 13360±13410 13360±13410 FIXED FIXED FIXED RADIO ASTRON- RADIO ASTRON- RADIO ASTRON- RADIO ASTRON- RADIO ASTRON- OMY OMY OMY OMY OMY S5.149 S5.149 S5.149 S5.149 G115 S5.149
13410±13570 13410±13570 13410±13570 13410±13570 13410±13570 FIXED FIXED FIXED FIXED FIXED AVIATION (87) 13560±7 kHz: in- MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL dustrial, sci- aeronautical mo- aeronautical aeronautical aeronautical FIXED PUBLIC entific and med- bile (R) mobile (R) mobile (R) mobile (R) (23) ical S5.150 S5.150 S5.150 S5.150 US340 S5.150 US340
13570±13600 13570±13600 13570±13600 13570±13600 13570±13600 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED AVIATION (87) S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 Mobile except INTERNATIONAL aeronautical FIXED PUBLIC mobile (R) (23) S5.151 S5.151 S5.151 US340 US340
13600±13800 13600±13800 13600±13800 13600±13800 13600±13800 RADIO BROAD- CAST (HF) (73) INTERNATIONAL FIXED PUBLIC (23) BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING S5.148 S5.148 S5.148 S5.148 US340 S5.148 US340
13800±13870. 13800±13870 13800±13870 13800±13870 13800±13870 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED AVIATION (87) S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 Mobile except INTERNATIONAL aeronautical FIXED PUBLIC mobile (R) (23) S5.151 S5.151 S5.151 US340 US340
13870±14000 13870±14000 13870±14000 13870±14000 13870±14000 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile (R) mobile (R) (23) US340 US340
14000±14250 14000±14250 14000±14250 14000±14250 14000±14250 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- ELLITE ELLITE ELLITE ELLITE US340 US340
14250±14350 14250±14350 14250±14350 14250±14350 14250±14350 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) S5.152 S5.152 US340 US340
14350±14990 14350±14990 14350±14990 14350±14990 14350±14990 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile (R) mobile (R) (23) US340 US340
14990±15005 14990±15005 14990±15005 14990±15005 14990±15005 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- 15000 kHz: stand- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND ard frequency TIME TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL (15000 (15000 kHz) (15000 kHz) (15000 kHz) SIGNAL kHz) S5.111 S5.111 S5.111 S5.111 US340 S5.111 US340 40296 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
15005±15010 15005±15010 15005±15010 15005±15010 15005±15010 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL Space Research Space Research Space Research US340 G106 US340
15010±15100 15010±15100 15010±15100 15010±15100 15010±15100 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
15100±15600 15100±15600 15100±15600 15100±15600 15100±15600 RADIO BROAD- CAST (HF) (73) INTERNATIONAL FIXED PUBLIC (23) BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING S5.148 S5.148 S5.148 S5.148 US340 S5.148 US340
15600±15800 15600±15800 15600±15800 15600±15800 15600±15800 AVIATION (87) BROADCASTING BROADCASTING BROADCASTING FIXED FIXED INTERNATIONAL S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 PUBLIC FIXED (23) S5.146 S5.146 S5.146 US340 US340
15800±16360 15800±16360 15800±16360 15800±16360 15800±16360 FIXED FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL PUBLIC FIXED (23) S5.153 S5.153 S5.153 US340 US340
16360±17410 16360±17410 16360±17410 16360±17410 16360±17410 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 BILE S5.109 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.110 S5.132 S5.145 S5.145 S5.145 S5.145 S5.145 US82 US296 US82 US296 US340 US340
17410±17480 17410±17480 17410±17480 17410±17480 17410±17480 AVIATION (87) FIXED FIXED FIXED FIXED FIXED INTER- NATIONAL PUBLIC FIXED (23) US340 US340
17480±17550 17480±17550 17480±17550 17480±17550 17480±17550 AVIATION (87) BROADCASTING BROADCASTING BROADCASTING FIXED FIXED INTERNATIONAL S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 PUBLIC FIXED (23) S5.146 S5.146 S5.146 US340 US340
17550±17900 17550±17900 17550±17900 17550±17900 17550±17900 BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING RADIO BROAD- CAST (HF) (73) iNTERNATIONAL FIXED PUBLIC (23) S5.148 S5.148 S5.148 S5.148 US340 S5.148 US340
17900±17970 17900±17970 17900±17970 17900±17970 17900±17970 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US283 US340 US283 US340 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40297
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
17970±18030 17970±18030 17970±18030 17970±18030 17970±18030 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) US340 US340
18030±18052 18030±18052 18030±18052 18030±18052 18030±18052 FIXED FIXED FIXED FIXED FIXED INTERNATIONAL FIXED PUBLIC (23) US340 US340 MARITIME (80)
18052±18068 18052±18068 18052±18068 18052±18068 18052±18068 FIXED FIXED FIXED FIXED FIXED INTERNATIONAL space research space research space research space research space research FIXED PUBLIC (23) US340 US340 MARITIME (80)
18068±18168 18068±18168 18068±18168 18068±18168 18068±18168 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- INTERNATIONAL ELLITE ELLITE ELLITE ELLITE FIXED PUBLIC (23) S5.154 US340 US340 MARITIME (80)
18168±18780 18168±18780 18168±18780 18168±18780 18168±18780 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE MOBILE INTERNATIONAL aeronautical mo- aeronautical aeronautical FIXED PUBLIC bile mobile mobile (23) US340 US340 MARITIME 80
18780±18900 18780±18900 18780±18900 18780±18900 18780±18900 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- INTERNATIONAL BILE BILE BILE BILE BILE FIXED PUBLIC (23) US82 US296 US82 US296 MARITIME (80) US340 US340
18900±19020 18900±19020 18900±19020 18900±19020 18900±19020 BROADCASTING BROADCASTING BROADCASTING FIXED FIXED AVIATION (87) S5.134 S5.135 S5.134 S5.135 S5.134 S5.135 INTERNATIONAL FIXED PUBLIC (23) S5.146 S5.146 S5.146 US340 US340
19020±19680 19020±19680 19020±19680 19020±19680 19020±19680 FIXED FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) US340 US340
19680±19800 19680±19800 19680±19800 19680±19800 19680±19800 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE S5.132 BILE S5.132 BILE S5.132 BILE S5.132 BILE S5.132 US340 US340
19800±19900 19800±19900 19800±19900 19800±19900 19800±19900 FIXED FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) US340 US340 40298 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
19900±19995 19900±19995 19900±19995 19900±19995 19900±19995 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL space research space research space research space research space research S5.111 S5.111 S5.111 S5.111 US340 S5.111 US340 G106
19995±20010 19995±20010 19995±20010 19995±20010 19995±20010 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- 2000 kHz: QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND STANDARD TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL FREQUENCY (20000 kHz) (20000 kHz) (20000 kHz) S5.111 S5.111 S5.111 S5.111 US340 S5.111 US 340 G106
20010±21000 20010±21000 20010±21000 20010±21000 20010±21000 FIXED FIXED FIXED FIXED FIXED MOBILE MOBILE MOBILE MOBILE US340 US340
21000±21450 21000±21450 21000±21450 21000±21450 21000±21450 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- ELLITE ELLITE ELLITE ELLITE US340 US340
21450±21850 21450±21850 21450±21850 21450±21850 21450±21850 BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING INTERNATIONAL FIXED PUBLIC (23) RADIO BROAD- CAST (HF)(73) S5.148 S5.148 S5.148 S5.148 US340 S5.148 US340
21850±21870 21850±21870 21850±21870 21850±21870 21850±21870 FIXED S5.155A FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) S5.155 US340 US340
21870±21924 21870±21924 21870±21924 21870±21924 21870±21924 FIXED S5.155B FIXED S5.155B FIXED S5.155B FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) US340 US340
21924±22000 21924±22000 21924±22000 21924±22000 21924±22000 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AVIATION (87) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) MOBILE (R) US340 US340
22000±22855 22000±22855 22000±22855 22000±22855 22000±22855 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- INTERNATIONAL BILE S5.132 BILE S5.132 BILE S5.132 BILE S5.132 BILE S5.132 FIXED PUBLIC (23) MARITIME (80) S5.156 US82 US296 US82 US296 US340 US340
22855±23000 22855±23000 22855±23000 22855±23000 22855±23000 FIXED FIXED FIXED FIXED FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40299
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
S5.156 US340 US340
23000±23200 23000±23200 23000±23200 23000±23200 23000±23200 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except INTERNATIONAL aeronautical mo- aeronautical aeronautical aeronautical FIXED PUBLIC bile (R) mobile (R) mobile (R) mobile (R) (23) S5.156 US340 US340
23200±23350 23200±23350 23200±23350 23200±23350 23200±23350 AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) MOBILE (OR) FIXED S5.156A FIXED S5.156A FIXED S5.156A US340 US340
23350±24000 23350±24000 23350±24000 23350±24000 23350±24000 FIXED FIXED FIXED FIXED FIXED AVIATION (87) MOBILE except MOBILE except MOBILE except MOBILE except INTERNATONAL aeronautical mo- aeronautical aeronautical aeronautical FIXED PUBLIC bile S5.157 mobile S5.157 mobile S5.157 mobile (23) US340 US340
24000±24890 24000±24890 24000±24890 24000±24890 24000±24890 FIXED FIXED FIXED FIXED FIXED AVIATION (87) LAND MOBILE LAND MOBILE LAND MOBILE MOBILE except INTERNATONAL aeronautical FIXED PUBLIC mobile (23) US340 US340
24890±24990 24890±24990 24890±24990 24890±24990 24890±24990 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR S5.120 AMATEUR (97) AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- ELLITE ELLITE ELLITE ELLITE US340 US340
24990±25005 24990±25005 24990±25005 24990±25005 24990±25005 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- 25000 kHz: QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND STANDARD TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL FREQUENCY (25000 kHz) (25000 kHz) (25000 kHz) (25000 kHz) (25000 kHz) US340 US340
25005±25010 25005±25010 25005±25010 25005±25010 25005±25010 STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- STANDARD FRE- QUENCY AND QUENCY AND QUENCY AND QUENCY AND QUENCY AND TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL TIME SIGNAL space research space research space research US340 G106 US340
25010±25070 25010±25070 25010±25070 25010±25070 25010±25070 FIXED FIXED FIXED LAND MOBILE PRIVATE LAND MOBILE except MOBILE except MOBILE except MOBILE (90) aeronautical mo- aeronautical aeronautical bile mobile mobile US340 US340 NG112
25070±25210 25070±25210 25070±25210 25070±25210 25070±25210 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME (80) BILE BILE BILE BILE BILE PRIVATE LAND MOBILE (90) US82 US281 US82 US281 US296 US340 US296 US340 NG112 40300 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
25210±25330 25210±25330 25210±25330 25210±25330 25210±25330 FIXED FIXED FIXED LAND MOBILE PRIVATE LAND MOBILE except MOBILE except MOBILE except MOBILE (90) aeronautical mo- aeronautical aeronautical bile mobile mobile US340 US340
25330±25550 25330±25550 25330±25550 25330±25550 25330±25550 FIXED FIXED FIXED FIXED MOBILE except MOBILE except MOBILE except MOBILE except aeronautical mo- aeronautical aeronautical aeronautical bile mobile mobile mobile US340 US340
25550±25670 25550±25670 25550±25670 25550±25670 25550±25670 RADIO ASTRON- RADIO ASTRON- RADIO ASTRON- RADIO ASTRON- RADIO ASTRON- OMY OMY OMY OMY US74 OMY US74 S5.149 S5.149 S5.149 S5.149 S5.149
25670±26100 25670±26100 25670±26100 25670±26100 25670±26100 BROADCASTING BROADCASTING BROADCASTING BROADCASTING BROADCASTING RADIO BROAD- CAST (HF)(73) US25 US340 US25 US340 Remote Pickup (74D)
26100±26175 26100±26175 26100±26175 26100±26175 26100±26175 MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- MARITIME MO- AUXILIARY BILE S5.132 BILE S5.132 BILE S5.132 BILE S5.132 BILE S5.132 BROADCAST- ING (74) MARITIME (80) US340 US340
26175±26480 26175±26480 26175±26480 26175±26480 26175±26480 FIXED FIXED FIXED LAND MOBILE AUXILIARY MOBILE except MOBILE except MOBILE except BROADCASTING aeronautical mo- aeronautical aeronautical (74) bile mobile mobile US340 US340
26480±26950 26480±26950 26480±26950 26480±26950 26480±26950 FIXED FIXED FIXED FIXED MOBILE except MOBILE except MOBILE except MOBILE except aeronautical mo- aeronautical aeronautical aeronautical bile mobile mobile mobile US10 US340 US10 US340
26950±26960 26950±26960 26950±26960 26950±26960 26950±26960 FIXED FIXED FIXED FIXED INTERNATIONAL MOBILE except MOBILE except MOBILE except FIXED PUBLIC aeronautical mo- aeronautical aeronautical (23) bile mobile mobile S5.150 S5.150 S5.150 S5.150 US340 S5.150 US340
26960±27230 26960±27230 26960±27230 26960±27230 26960±27230 FIXED FIXED FIXED MOBILE except PERSONAL (95) 27120±163 kHz: MOBILE except MOBILE except MOBILE except aeronautical industrial, sci- aeronautical mo- aeronautical aeronautical mobile entific and med- bile mobile mobile ical S5.150 S5.150 S5.150 S5.150 US340 S5.150 US340
27230±27410 27230±27410 27230±27410 27230±27410 27230±27410 FIXED FIXED FIXED FIXED PERSONAL (95) MOBILE except MOBILE except MOBILE except MOBILE except PRIVATE LAND aeronautical mo- aeronautical aeronautical aeronautical MOBILE (90) bile mobile mobile mobile S5.150 S5.150 S5.150 S5.150 US340 S5.150 US340 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40301
International table United States table FCC use designators Government Non-Government Region 1Ðalloca- Region 2Ðalloca- Region 3Ðalloca- Rule part(s) Special-use fre- tion kHz tion kHz tion kHz Allocation kHz Allocation kHz quencies
(1) (2) (3) (4) (5) (6) (7)
27410±27500 27410±27500 27410±27500 27410±27500 27410±27500 FIXED FIXED FIXED FIXED PRIVATE LAND MOBILE except MOBILE except MOBILE except LAND MOBILE MOBILE (90) aeronautical mo- aeronautical aeronautical bile mobile mobile US340 US340
27.5±27.54 27.5±27.54 27.5±27.54 27.5±27.54 27.5±27.54 METEOROLOGI- METEOROLOGI- METEOROLOGI- FIXED PRIVATE LAND CAL AIDS CAL AIDS CAL AIDS LAND MOBILE MOBILE (90) FIXED FIXED FIXED MOBILE MOBILE MOBILE US340 US340
27.54±28 27.54±28 27.54±28 27.54±28 27.54±28 METEOROLOGI- METEOROLOGI- METEOROLOGI- FIXED CAL AIDS CAL AIDS CAL AIDS LAND MOBILE FIXED FIXED FIXED MOBILE MOBILE MOBILE US298 US340 US298 US340
28±29.7 28±29.7 28±29.7 28±29.7 28±29.7 AMATEUR AMATEUR AMATEUR AMATEUR AMATEUR (97) AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- AMATEUR-SAT- ELLITE ELLITE ELLITE ELLITE US340 US340
29.7±29.8 29.7±29.8 29.7±29.8 29.7±29.8 29.7±29.8 FIXED FIXED FIXED LAND MOBILE PRIVATE LAND MOBILE MOBILE MOBILE MOBILE (90) US340 US340
29.8±29.89 29.8±29.89 29.8±29.89 29.8±29.89 29.8±29.89 FIXED FIXED FIXED FIXED AVIATION (87) MOBILE MOBILE MOBILE INTERNATIONAL FIXED PUBLIC (23) US340 US340
29.89±29.91 29.89±29.91 29.89±29.91 29.89±29.91 29.89±29.91 FIXED FIXED FIXED FIXED MOBILE MOBILE MOBILE MOBILE US340 US340
29.91±30 29.91±30 29.91±30 29.91±30 29.91±30 FIXED FIXED FIXED FIXED AVIATION (87) MOBILE MOBILE MOBILE INTERNATIONAL FIXED PUBLIC (23) US340 US340
*******
158.115±161.575 158.115±161.575 158.115±161.575 158.115±161.575 158.115±161.575 PUBLIC MOBILE FIXED FIXED FIXED FIXED (22) MOBILE except MOBILE MOBILE LAND MOBILE PRIVATE LAND aeronautical mo- MOBILE (90) bile MARITIME (80) S5.226 S5.229 S5.226 S5.230 S5.226 S5.230 S5.226 S5.226 NG6 S5.231 S5.232 S5.231 S5.232 NG28 NG70 NG112 NG124 NG148 NG155
******* 40302 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
International Footnotes kHz and 16804.5 kHz are international S5.118 Additional allocation: in the * * * * * distress frequencies for digital selective United States, Japan, Mexico, Peru and calling. The conditions for the use of these Uruguay, the band 3230–3400 kHz is also I. New ‘‘S’’ Numbering Scheme frequencies are prescribed in Article N38/ allocated to the radiolocation service on a * * * * * S31. secondary basis. S5.92 Some countries of Region 1 use S5.110 The frequencies 2174.5 kHz, S5.119 Additional allocation: in radiodetermination systems in the bands 4177.5 kHz, 6268 kHz, 8376.5 kHz, 12520 Honduras, Mexico, Peru and Venezuela, the 1606.5–1625 kHz, 1635–1800 kHz, 1850– kHz and 16695 kHz are international distress band 3500–3750 kHz is also allocated to the 2160 kHz, 2194–2300 kHz, 2502–2850 kHz frequencies for narrow-band direct-printing fixed and mobile services on a primary basis. and 3500–3800 kHz, subject to agreement telegraphy. The conditions for the use of S5.120 For the use of the bands allocated obtained under Article 14/No. S9.21. The these frequencies are prescribed in Article to the amateur service at 3.5 MHz, 7.0 MHz, radiated mean power of these stations shall N38/S31. 10.1 MHz, 14.0 MHz, 18.068 MHz, 21.0 MHz, not exceed 50W. S5.111 The carrier frequencies 2182 kHz, 24.89 MHz and 144 MHz in the event of S5.93 Additional allocation: in Angola, 3023 kHz, 5680 kHz, 8364 kHz and the natural disasters, see Resolution 640. Armenia, Azerbaijan, Belarus, Bulgaria, frequencies 121.5 MHz, 156.8 MHz and 243 S5.122 Alternative allocation: in Georgia, Hungary, Kazakhstan, Latvia, MHz may also be used, in accordance with Argentina, Bolivia, Chile, Ecuador, Paraguay, Lithuania, Moldova, Mongolia, Nigeria, the procedures in force for terrestrial Peru and Uruguay, the band 3750–4000 kHz Uzbekistan, Poland, Kyrgyzstan, Slovakia, radiocommunication services, for search and is allocated to the fixed and mobile, except the Czech Republic, Russia, Tajikistan, Chad, rescue operations concerning manned space aeronautical mobile, services on a primary Turkmenistan and Ukraine, the bands 1625– vehicles. The conditions for the use of the basis. 1635 kHz, 1800–1810 kHz and 2160–2170 frequencies are prescribed in Article N38/S31 S5.123 Additional allocation: in kHz are also allocated to the fixed and land and in Article 38/Appendix S13. Botswana, Lesotho, Malawi, Mozambique, mobile services on a primary basis, subject to The same applies to the frequencies 10003 Namibia, South Africa, Swaziland, Zambia agreement obtained under Article 14/No. kHz, 14993 kHz and 19993 kHz, but in each and Zimbabwe, the band 3900–3950 kHz is S9.21. of these cases emissions must be confined in also allocated to the broadcasting service on S5.103 In Region 1, in making a band of ± 3 kHz about the frequency. a primary basis, subject to agreement assignments to stations in the fixed and S5.112 Alternative allocation: in obtained under Article 14/No. S9.21. mobile services in the bands 1850–2045 kHz, Belgium, Bosnia and Herzegovina, Cyprus, S5.124 Additional allocation: in Canada, 2194–2498 kHz, 2502–2625 kHz and 2650– Denmark, Spain, France, Greece, Iceland, the band 3950–4000 kHz is also allocated to 2850 kHz, administrations should bear in Italy, Malta, Norway, the United Kingdom, the broadcasting service on a primary basis. mind the special requirements of the Singapore, Sri Lanka, Turkey and Yugoslavia, The power of broadcasting stations operating maritime mobile service. the band 2194–2300 kHz is allocated to the in this band shall not exceed that necessary S5.104 In Region 1, the use of the band fixed and mobile, except aeronautical mobile, for a national service within the frontier of 2025–2045 kHz by the meteorological aids services on a primary basis. this country and shall not cause harmful service is limited to oceanographic buoy S5.113 For the conditions for the use of interference to other services operating in stations. S5.105 In Region 2, except in Greenland, the bands 2300–2495 kHz (2498 kHz in accordance with the Table. coast stations and ship stations using Region 1), 3200–3400 kHz, 4750–4995 kHz S5.125 Additional allocation: in radiotelephony in the band 2065–2107 kHz and 5005–5060 kHz by the broadcasting Greenland, the band 3950–4000 kHz is also shall be limited to class J3E emissions and to service, see Nos. S5.16 to S5.20, S5.21 and allocated to the broadcasting service on a a peak envelope power not exceeding 1kW. 2666/S23.3 to 2673/S23.10. primary basis. The power of the broadcasting Preferably, the following carrier frequencies S5.114 Alternative allocation: in stations operating in this band shall not should be used: 2065.0 kHz, 2079.0 kHz, Belgium, Bosnia and Herzegovina, Cyprus, exceed that necessary for a national service 2082.5 kHz, 2086.0 kHz, 2093.0 kHz, 2096.5 Denmark, Spain, France, Greece, Iraq, Italy, and shall in no case exceed 5 kW. kHz, 2100.0 kHz and 2103.5 kHz. In Malta, Norway, the United Kingdom, Turkey S5.126 In Region 3, the stations of those Argentina and Uruguay, the carrier and Yugoslavia, the band 2502–2625 kHz is services to which the band 3995–4005 kHz is frequencies 2068.5 kHz and 2075.5 kHz are allocated to the fixed and mobile, except allocated may transmit standard frequency also used for this purpose, while the aeronautical mobile, services on a primary and time signals. frequencies within the band 2072–2075.5 basis. S5.127 The use of the band 4000–4063 kHz are used as provided in No. 4323BD/ S5.115 The carrier (reference) frequencies kHz by the maritime mobile service is limited S52.165. 3023 kHz and 5680 kHz may also be used, to ship stations using radiotelephony (see No. S5.106 In Regions 2 and 3, provided no in accordance with Article N38/S31 and 4374/S52.220 and Appendix 16/S17). harmful interference is caused to the Article 38/Appendix S13 by stations of the S5.128 In Afghanistan, Argentina, maritime mobile service, the frequencies maritime mobile service engaged in Armenia, Australia, Azerbaijan, Belarus, between 2065 kHz and 2107 kHz may be coordinated search and rescue operations. Botswana, Burkina Faso, Central African used by stations of the fixed service S5.116 Administrations are urged to Republic, China, Georgia, India, Kazakhstan, communicating only within national borders authorize the use of the band 3155–3195 kHz Mali, Moldova, Niger, Kyrgyzstan, Russia, and whose mean power does not exceed 50 to provide a common worldwide channel for Tajikistan, Chad, Turkmenistan and Ukraine, W. In notifying the frequencies, the attention low power wireless hearing aids. Additional in the bands 4063–4123 kHz, 4130–4133 kHz of the Bureau should be drawn to these channels for these devices may be assigned and 4408–4438 kHz, stations of limited provisions. by administrations in the bands between power in the fixed service which are situated S5.107 Additional allocation: in Saudi 3155 kHz and 3400 kHz to suit local needs. at least 600 km from the coast may operate Arabia, Botswana, Eritrea, Ethiopia, Iraq, It should be noted that frequencies in the on condition that harmful interference is not Lesotho, Libya, Malawi, Somalia, Swaziland range 3000 kHz to 4000 kHz are suitable for caused to the maritime mobile service. and Zambia, the band 2160–2170 kHz is also hearing aid devices which are designed to S5.129 On condition that harmful allocated to the fixed and mobile, except operate over short distances within the interference is not caused to the maritime aeronautical mobile (R), services on a induction field. mobile service, the frequencies in the bands primary basis. The mean power of stations in S5.117 Alternative allocation: in 4063–4123 kHz and 4130–4438 kHz may be these services shall not exceed 50 W. Belgium, Bosnia and Herzegovina, Cameroon, used exceptionally by stations in the fixed S5.108 The carrier frequency 2182 kHz is Cyprus, Coˆte d’Ivoire, Denmark, Egypt, service communicating only within the an international distress and calling Spain, France, Greece, Iceland, Italy, Liberia, boundary of the country in which they are frequency for radiotelephony. The conditions Malta, Norway, the United Kingdom, located with a mean power not exceeding 50 for the use of the band 2173.5–2190.5 kHz are Singapore, Sri Lanka, Togo, Turkey and W. prescribed in Articles N38/S31 and 60/S52 Yugoslavia, the band 3155–3200 kHz is S5.130 The conditions for the use of the and in Articles 37 and 38/Appendix S13. allocated to the fixed and mobile, except carrier frequencies 4125 kHz and 6215 kHz S5.109 The frequencies 2187.5 kHz, aeronautical mobile, services on a primary are prescribed in Articles N38/S31 and 60/ 4207.5 kHz, 6312 kHz, 8414.5 kHz, 12577 basis. S52 and in Articles 37 and 38/Appendix S13. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40303
S5.131 The frequency 4209.5 kHz is used S5.138 The following bands: 2007, frequencies in these bands may be used exclusively for the transmission by coast 6765–6795 kHz (centre frequency 6780 by stations in the fixed service, stations of meteorological and navigational kHz), communicating only within the boundary of warnings and urgent information to ships by 433.05–434.79 MHz (centre frequency the country in which they are located, on means of narrow-band direct-printing 433.92 MHz) in Region 1 except in the condition that harmful interference is not techniques (see Resolution 339 WRC–95). countries mentioned in No. S5.280, caused to the broadcasting service. When S5.132 The frequencies 4210 kHz, 6314 61–61.5 GHz (centre frequency 61.25 GHz), using frequencies in the fixed service, administrations are urged to use the kHz, 8416.5 kHz, 12579 kHz, 16806.5 kHz, 122–123 GHz (centre frequency 122.5 GHz), minimum power required and to take 19680.5 kHz, 22376 kHz and 26100.5 kHz are and 244–246 GHz (centre frequency 245 GHz) account of the seasonal use of frequencies by the international frequencies for the the broadcasting service published in transmission of Maritime Safety Information are designated for industrial, scientific and accordance with the Radio Regulations. (MSI) (see Resolution 333 (Mob-87) and medical (ISM) applications. The use of these S5.147 On condition that harmful Appendix 31/S17). frequency bands for ISM applications shall interference is not caused to the broadcasting S5.133 Different category of service: in be subject to special authorization by the service, frequencies in the bands 9775–9900 Armenia, Azerbaijan, Belarus, Georgia, administration concerned, in agreement with kHz, 11650–11700 kHz and 11975–12050 Kazakhstan, Latvia, Lithuania, Moldova, other administrations whose kHz may be used by stations in the fixed Uzbekistan, Kyrgyzstan, Russia, Tajikistan, radiocommunication services might be service communicating only within the affected. In applying this provision, Turkmenistan and Ukraine, the allocation of boundary of the country in which they are administrations shall have due regard to the the band 5130–5250 kHz to the mobile, located, each station using a total radiated latest relevant ITU–R Recommendations. except aeronautical mobile, service is on a power not exceeding 24 dBW. S5.139 Different category of service: in S5.148 The bands 9775–9900 kHz, primary basis (see No. S5.33). Armenia, Azerbaijan, Belarus, Georgia, S5.134 The use of the bands 5900–5950 11650–11700 kHz, 11975–12050 kHz, 13600– Kazakhstan, Latvia, Lithuania, Moldova, 13800 kHz, 15450–15600 kHz, 17550–17700 kHz, 7300–7350 kHz, 9400–9500 kHz, Mongolia, Uzbekistan, Kyrgyzstan, Russia, kHz and 21750–21850 kHz are allocated to 11600–11650 kHz, 12050–12100 kHz, 13570– Tajikistan, Turkmenistan and Ukraine, the the fixed service on a primary basis subject 13600 kHz, 13800–13870 kHz, 15600–15800 allocation of the band 6765–7000 kHz to the to the procedure described in Resolution 8. kHz, 17480–17550 kHz and 18900–19020 land mobile service is on a primary basis (see The use of these bands by the broadcasting kHz by the broadcasting service is limited to No. S5.33). service shall be subject to provisions single-sideband emissions with the S5.140 Additional allocation: in Angola, established by the World Administrative characteristics specified in Appendix 45/S11 Iraq, Rwanda, Somalia and Togo, the band Radio Conference for the Planning of the HF to the Radio Regulations. 7000–7050 kHz is also allocated to the fixed Bands Allocated to the Broadcasting Service S5.135 The use of the bands 5900–5950 service on a primary basis. (see Resolution 508). The provisions of kHz, 7300–7350 kHz, 9400–9500 kHz, S5.141 Alternative allocation: in Egypt, Resolution 512 (HFBC–87) also apply. Within 11600–11650 kHz, 12050–12100 kHz, 13570– Eritrea, Ethiopia, Guinea, Libya, Madagascar these bands, the date of commencement of 13600 kHz, 13800–13870 kHz, 15600–15800 and Malawi, the band 7000–7050 kHz is operations in the broadcasting service on a kHz, 17480–17550 kHz and 18900–19020 allocated to the fixed service on a primary planned channel shall not be earlier than the basis. kHz by the broadcasting service shall be date of completion of satisfactory transfer, S5.142 The use of the band 7100–7300 subject to the planning procedures to be according to the procedures described in kHz in Region 2 by the amateur service shall Resolution 8, of all assignments to stations in drawn up by a competent world not impose constraints on the broadcasting the fixed service operating in accordance administrative radio conference. service intended for use within Region 1 and with the Table and other provisions of the S5.136 The band 5900–5950 kHz is Region 3. Radio Regulations, which are recorded in the allocated, until 1 April 2007, to the fixed S5.143 The band 7300–7350 kHz is Master Register and which may be affected service on a primary basis, as well as to the allocated, until 1 April 2007, to the fixed by broadcasting operations on that channel. following services: in Region 1 to the land service on a primary basis and to the land * * * * * mobile service on a primary basis, in Region mobile service on a secondary basis, subject S5.151 The bands 13570–13600 kHz and 2 to the mobile except aeronautical mobile to application of the procedure referred to in 13800–13870 kHz are allocated, until 1 April (R) service on a primary basis, and in Region Resolution 21 (Rev. WRC–95). After 1 April 2007, to the fixed service on a primary basis 3 to the mobile except aeronautical mobile 2007, frequencies in this band may be used and to the mobile except aeronautical mobile (R) service on a secondary basis, subject to by stations in the above-mentioned services, (R) service on a secondary basis, subject to application of the procedure referred to in communicating only within the boundary of application of the procedure referred to in Resolution 21 (Rev.WRC–95). After 1 April the country in which they are located, on Resolution 21 (Rev.WRC–95). After 1 April 2007, frequencies in this band may be used condition that harmful interference is not 2007, frequencies in these bands may be used by stations in the above-mentioned services, caused to the broadcasting service. When by stations in the above-mentioned services, communicating only within the boundary of using frequencies for these services, communicating only within the boundary of the country in which they are located, on the administrations are urged to use the the country in which they are located, on the condition that harmful interference is not minimum power required and to take condition that harmful interference is not caused to the broadcasting service. When account of the seasonal use of frequencies by caused to the broadcasting service. When using frequencies for these services, the broadcasting service published in using frequencies in these services, administrations are urged to use the accordance with the Radio Regulations. administrations are urged to use the S5.144 In Region 3, the stations of those minimum power required and to take minimum power required and to take services to which the band 7995–8005 kHz is account of the seasonal use of frequencies by account of the seasonal use of frequencies by allocated may transmit standard frequency the broadcasting service published in the broadcasting service published in and time signals. accordance with the Radio Regulations. accordance with the Radio Regulations. S5.145 The conditions for the use of the S5.152 Additional allocation: in S5.137 On condition that harmful carrier frequencies 8291 kHz, 12290 kHz and Armenia, Azerbaijan, Belarus, China, Coˆte interference is not caused to the maritime 16420 kHz are prescribed in Articles N38/ d’Ivoire, Georgia, the Islamic Republic of mobile service, the bands 6200–6213.5 kHz S31 and 60/S52 and in Article 38/Appendix Iran, Kazakhstan, Moldova, Uzbekistan, and 6220.5–6525 kHz may be used S13. Kyrgyzstan, Russia, Tajikistan, Turkmenistan exceptionally by stations in the fixed service, S5.146 The bands 9400–9500 kHz, and Ukraine, the band 14250–14350 kHz is communicating only within the boundary of 11600–11650 kHz, 12050–12100 kHz, 15600– also allocated to the fixed service on a the country in which they are located, with 15800 kHz, 17480–17550 kHz and 18900– primary basis. Stations of the fixed service a mean power not exceeding 50 W. At the 19020 kHz are allocated to the fixed service shall not use a radiated power exceeding 24 time of notification of these frequencies, the on a primary basis until 1 April 2007, subject dBW. attention of the Bureau will be drawn to the to application of the procedure referred to in S5.153 In Region 3, the stations of those above conditions. Resolution 21 (Rev. WRC–95). After 1 April services to which the band 15995–16005 kHz 40304 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations is allocated may transmit standard frequency to agreement with administrations having (b) Licenses other than ship stations and time signals. services, operating or planned, in accordance in the maritime services will normally S5.154 Additional allocation: in with the Table which are likely to be be issued for a term of five years from Armenia, Azerbaijan, Belarus, Georgia, affected. Stations in existence on 1 January the date of original issuance, major Kazakhstan, Moldova, Uzbekistan, 1981, with their technical characteristics as Kyrgyzstan, Russia, Tajikistan, Turkmenistan of that date, are not affected by such modification, or renewal. Licenses, and Ukraine, the band 18068–18168 kHz is agreement. other than Public Coast and Alaska also allocated to the fixed service on a * * * * * Public Fixed stations, may be renewed primary basis for use within their up to ninety (90) days after the date the boundaries, with a peak envelope power not United States (US) Footnotes license expires. exceeding 1 kW. * * * * * * * * * * S5.155 Additional allocation: in US340 The 2–30 MHz band is available Armenia, Azerbaijan, Belarus, Bulgaria, 8. Amend § 80.89 by revising the first on a secondary noninterference basis to sentence of paragraph (f) introductory Georgia, Hungary, Kazakhstan, Moldova, Government and non-Government maritime Mongolia, Uzbekistan, Kyrgyzstan, Slovakia, and aeronautical stations for the purposes of text to read as follows: the Czech Republic, Russia, Tajikistan, measuring the quality of reception on radio § 80.89 Unauthorized transmissions. Turkmenistan and Ukraine, the band 21850– channels. See 47 C.F.R. § 87.149 for the list 21870 kHz is also allocated to the of protected frequencies and bands within * * * * * aeronautical mobile (R) services on a primary this frequency range. Actual communications (f) Transmit while on board vessels basis. shall be limited to those frequencies located on land unless authorized under S5.155A In Armenia, Azerbaijan, Belarus, specifically allocated to the maritime mobile a public coast station license. * ** Bulgaria, Georgia, Hungary, Kazakhstan, and aeronautical mobile services. Moldova, Mongolia, Uzbekistan, Kyrgyzstan, * * * * * Slovakia, the Czech Republic, Russia, * * * * * 9. Add § 80.123 under the Tajikistan, Turkmenistan and Ukraine, the Non-Government (NG) Footnotes undesignated center heading ‘‘Special use of the band 21850–21870 kHz by the Procedures—Public Coast Stations’’ to fixed service is limited to provision of * * * * * NG155 The bands 159.500–159.675 MHz read as follows: services related to aircraft flight safety. and 161.375–161.550 MHz are allocated to S5.155B The band 21870–21924 kHz is § 80.123 Service to stations on land. the maritime service as described in Part 80 used by the fixed service for provision of of this chapter. Additionally, the frequencies Marine VHF public coast stations, services related to aircraft flight safety. 159.550, 159.575 and 159.600 MHz are including AMTS coast stations, may S5.156 Additional allocation: in Nigeria, available for low-power intership the band 22720–23200 kHz is also allocated provide public correspondence service communications. to the meteorological aids service to stations on land in accordance with (radiosondes) on a primary basis. * * * * * the following: S5.156A The use of the band 23200– (a) The public coast station licensee 23350 kHz by the fixed service is limited to PART 80ÐSTATIONS IN THE must provide each associated land provision of services related to aircraft flight MARITIME SERVICES station with a letter, which shall be safety. presented to authorized FCC S5.157 The use of the band 23350–24000 5. The authority citation for part 80 continues to read as follows: representatives upon request, kHz by the maritime mobile service is limited acknowledging that the land station may to inter-ship radiotelegraphy. Authority: Secs. 4, 303, 48 Stat. 1066, S5.226 The frequency 156.8 MHz is the operate under the authority of the 1082, as amended; 47 U.S.C. 154, 303, unless associated public coast station’s license: international distress, safety and calling otherwise noted. Interpret or apply 48 Stat. frequency for the maritime mobile VHF 1064–1068, 1081–1105, as amended; 47 (b) Each public coast station serving radiotelephone service. The conditions for U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST stations on land must afford priority to the use of this frequency are contained in 4726, 12 UST 2377. marine-originating communications Article N38/S31 and Article 38/Appendix through any appropriate electrical or 6. Amend § 80.13 by revising S13. mechanical means. paragraph (b) to read as follows: In the bands 156–156.7625 MHz, (c) Land station identification shall 156.8375–157.45 MHz, 160.6–160.975 MHz consist of the associated public coast and 161.475–162.05 MHz, each § 80.13 Station license required. administration shall give priority to the * * * * * station’s call sign, followed by a unique maritime mobile service on only such (b) One ship station license will be numeric or alphabetic unit identifier; frequencies as are assigned to stations of the granted for operation of all maritime (d) Radio equipment used on land maritime mobile service by the services transmitting equipment on must be type accepted for use under administration (see Articles N38/S31 and 60/ board a vessel. Radiotelegraph and part 22, part 80, or part 90 of this S52 and Article 38/Appendix S13). narrow-band directing-printing chapter. Such equipment must operate Any use of frequencies in these bands by equipment will not be authorized, only on the public correspondence stations of other services to which they are however, unless specifically requested channels authorized for use by the allocated should be avoided in areas where associated public coast station; such use might cause harmful interference to by the applicant. the maritime mobile VHF * * * * * (e) Transmitter power shall be in radiocommunication service. 7. Amend § 80.25 by revising accordance with the limits set in However, the frequency 156.8 MHz and the paragraphs (a) and (b) to read as follows: § 80.215 for ship stations and antenna frequency bands in which priority is given to height shall be limited to 6.1 meters (20 the maritime mobile service may be used for § 80.25 License term. feet) above ground level; radiocommunications on inland waterways (a) Licenses for ship stations in the (f) Land stations may only subject to agreement between interested and maritime services will normally be communicate with public coast stations affected administrations and taking into issued for a term of ten years from the and must remain within radio range of account current frequency usage and existing agreements. date of original issuance, major associated public coast stations; and, S5.229 Alternative allocation: in modification, or renewal. Licensees may (g) The land station must cease Morocco, the band 162–174 MHz is allocated apply for renewal of the station license operation immediately upon written to the broadcasting service on a primary up to ninety (90) days after the date the notice by the Commission to the basis. The use of this band shall be subject license expires. associated public coast station that the Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40305 land station is causing harmful (b) * * * Telecommunications System (AMTS), interference to marine communications. Coast telephone, all classes—None. an automated multi-station system for 10. Add § 80.133 under the * * * * * which provisions are contained in this undesignated center heading ‘‘Special 12. Amend § 80.177 by revising part, or an automated public coast Procedures—Private Coast Stations’’ to paragraph (c) to read as follows: station. read as follows: § 80.177 When operator license is not * * * * * § 80.133 Private coast stations using required. 14. Amend § 80.203 by adding new facsimile in Alaska. * * * * * paragraph (n) to read as follows: Facsimile techniques may be (c) No operator license is required to implemented in accordance with the operate coast telephone stations or § 80.203 Authorization of transmitters for licensing. following paragraphs. marine utility stations. (a) Private coast stations in Alaska are * * * * * eligible to use facsimile techniques with * * * * * associated ship stations and other 13. Amend § 80.179 by revising (n) Applications for type acceptance private coast stations in accordance paragraphs (b), (c), and (d) to read as of all marine radio transmitters with § 80.505(b). follows: operating in the 2–27.5 MHz band or the 156–162 MHz band received on or after (b) The frequency 156.425 MHz is § 80.179 Unattended operation. assigned by rule to private coast stations June 17, 1999, must have a DSC in Alaska for facsimile transmissions. * * * * * capability in accordance with § 80.225. (c) Equipment used for facsimile (b) Automatic use of a transmitter This requirement does not apply to operations is subject to the applicable during narrow-band direct-printing (NB- transmitters used with AMTS or hand- provisions of subpart E of this part. DP) operations in accordance with held portable transmitters. 11. Amend § 80.153 by revising the § 80.219. (c) Automatic use of a transmitter 15. Amend the table in § 80.205 entry for ‘‘Coast telephone, all classes’’ paragraph (a) by revising the second in paragraph (b) to read as follows: during selective calling operations in accordance with § 80.225. ‘‘J2B’’ entry to read as follows: § 80.153 Coast station operator (d) Automatic use of a transmitter § 80.205 Bandwidths. requirements. when operating as part of the * * * * * Automated Maritime (a) * * *
Authorized Classes of emission Emission bandwidth designator (kHz)
******* J2B 5 ...... 300HJ2B 0.5
******* 5 NB-DP radiotelegraph and data transmissions for communications with public coast stations.
* * * * * in the table in paragraph (d) to read as emissions by ship and coast stations 16. Amend § 80.207 by revising follows: includes the use of digital selective calling and selective calling techniques paragraph (a) and footnotes 1 and 2 to § 80.207 Classes of emission. the table in paragraph (d), and adding in accordance with § 80.225. footnote 14 to both entries for ‘‘NB–DP’’ (a) Authorization to use * * * * * radiotelephone and radiotelegraph (d) * * *
Classes of Types of stations emission
Ship Stations 1 Radiotelegraphy:
******* 1605±27500 kHz:
******* NB±DP 14 ...... F1B, J2B
******* Land Stations 1 Radiotelegraphy:
******* 4000±27500 kHz:
******* NB±DP 14 ...... F1B, J2B 40306 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
Classes of Types of stations emission
******* 1 Excludes distress, EPIRBs, survival craft, and automatic link establishment. 2 Frequencies used for public correspondence and in Alaska 156.425 MHz. See §§ 80.371(c), 80.373(f) and 80.385(b). Transmitters type ac- cepted before January 1, 1994, for G3E emissions will be authorized indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters type ac- cepted on or after January 1, 1994, will be authorized for F2C, F3C, F1D or F2D emissions only if they are type accepted specifically for each emission designator. ******* 14 NB±DP operations which are not in accordance with CCIR Recommendation 625 or 476 are permitted to utilize any modulation, so long as emissions are within the limits set forth in § 80.211(f). *******
17. Amend § 80.209 in the table by § 80.209 Transmitter frequency tolerance. revising the entry for (a)(5)(i) and (a) * * * adding footnote 7 to read as follows:
Frequency bands and categories of stations Tolerances 1
******* (5) * ** (i) Coast stations: For stations licensed to operate with a carrier power: Below 3 watts ...... 10. 3 to 100 watts ...... 7 5.
******* 1 Transmitters authorized prior to January 2, 1990, with frequency tolerances equal to or better than those required after this date will continue to be authorized in the maritime services provided they retain type acceptance and comply with the applicable standards of this part. ******* 7 For transmitters operated at private coast stations with antenna heights less than 6 meters (20 feet) above ground and output power of 25 watts or less the frequency tolerance is 10 parts in 10.6 *******
18. Amend § 80.211 by revising CCIR Recommendation 476 or CCIR equipment used on compulsorily fitted paragraph (d) to read as follows: Recommendation 625 and may be used ships must meet the requirements indefinitely. Equipment installed on or contained in subpart W for GMDSS. § 80.211 Emission limitations. after October 1, 1990, must be capable * * * * * * * * * * of operation in accordance with the (c) Selective calling equipment, other (d) The mean power of emissions technical requirements of CCIR than that designed in accordance with from radiotelephone survival craft Recommendation 625. NB–DP and data paragraph (a) of this section, is transmitters, 9 GHz search and rescue transmission equipment are additionally authorized as follows: transponders, and radiotelegraph permitted to utilize any modulation, so * * * * * survival craft transmitters must be long as emissions are within the limits (3) Equipment functioning under the attenuated below the mean output set forth in § 80.211(f) and the provisions of § 80.207(a) includes the power of the transmitter as follows: equipment is also capable of operation brief use of radiotelegraphy, including (1) On any frequency removed from in accordance with CCIR keying only the modulating audio the assigned frequency by more than 50 recommendation 625. frequency, tone signals, and other percent, up to and including 100 20. Amend § 80.225 by revising the signalling devices to establish or percent of the authorized bandwidth: at title, the first sentence in the maintain communications provided least 25 dB; introductory text, and paragraphs (a), (c) that: (2) On any frequency removed from introductory text to read as follows: the assigned frequency by more than (i) These signalling techniques are not 100 percent of the authorized § 80.225 Requirements for selective calling used on frequencies designated for bandwidth: at least 30 dB. equipment. general purpose digital selective calling (DSC) and distress and safety DSC * * * * * This section specifies the calling as listed in § 80.359; 19. Revise § 80.219 to read as follows: requirements for voluntary digital selective calling (DSC) equipment and (ii) The authorized radiotelephone § 80.219 Special requirements for selective calling equipment installed in emission bandwidth is not exceeded; narrowband direct-printing (NB±DP) ship and coast stations. * * * (iii) Documentation of selective equipment. (a) DSC equipment voluntarily calling protocols must be available to NB–DP and data transmission installed in coast or ship stations must the general public; and, equipment installed in ship and coast meet either the requirements of CCIR (iv) Harmful interference is not stations before October 1, 1990, that Recommendation 493 (including only caused to stations operating in operates on the frequencies in the equipment classes A, B, D, and E) or accordance with the International Radio 4,000–27,500 kHz bands must be RTCM Paper 56–95/SC101–STD. DSC Regulations. capable of operation in accordance with equipment must not be used with the 21. Add § 80.229 to subpart E to read the technical requirements of either sensors referred to in § 80.179(e)(2). DSC as follows: Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40307
§ 80.229 Special requirements for such signalling under the following (c) The transmitter shall scan the band automatic link establishment (ALE). conditions: no more than four times per hour; Brief signalling for the purposes of (a) The transmitter power shall not (d) Transmissions within 6 kHz of the measuring the quality of a radio channel exceed 100 W ERP; following protected frequencies and and thereafter establishing (b) Transmissions must sweep frequency bands must not exceed 10 µW communication shall be permitted linearly in frequency at a rate of at least within the 2 MHz–30 MHz band. Public 60 kHz per second, occupying any 3 peak ERP: coast stations providing high seas kHz bandwidth for less than 50 (1) Protected frequencies (kHz) service are authorized by rule to use milliseconds; 2091.0 ...... 4188.0 6312.0 12290.0 16420.0 2174.5 ...... 4207.5 8257.0 12392.0 16522.0 2182.0 ...... 5000.0 8291.0 12520.0 16695.0 2187.5 ...... 5167.5 8357.5 12563.0 16750.0 2500.0 ...... 5680.0 8364.0 12577.0 16804.5 3023.0 ...... 6215.0 8375.0 15000.0 20000.0 4000.0 ...... 6268.0 8414.5 16000.0 25000.0 4177.5 ...... 6282.0 10000.0
(2) Protected bands (kHz) frequency, at least 43 + 10log10 (peak (c) Working frequencies in the marine 4125.0–4128.0 power in watts) db. VHF 156–162 MHz band. The frequency 8376.25–8386.75 22. In § 80.363, add paragraph (c) to pairs listed in the table below are 13360.0–13410.0 read as follows: available for assignment to public coast 25500.0–25670.0 stations for public correspondence § 80.363 Frequencies for facsimile. (e) The instantaneous signal, which communications with ship stations and refers to the peak power that would be * * * * * units on land. measured with the frequency sweep (c) The frequency 156.425 MHz is * * * * * stopped, along with spurious emissions assigned by rule to private coast stations generated from the sweeping signal, and ship stations in Alaska for ship-to- 24. Amend § 80.373 paragraph (f) must be attenuated below the peak shore and ship-to-ship facsimile table by adding footnote 17 to the first carrier power (in watts) as follows: transmissions using F2C or F3C item under center heading (1) On any frequency more than 5 Hz emissions. ‘‘Noncommercial’’ to read as follows: from the instantaneous carrier 23. Amend § 80.371 by revising § 80.373 Private communications frequency, at least 3 dB; paragraph (c) introductory text to read frequencies. (2) On any frequency more than 250 as follows: Hz from the instantaneous carrier * * * * * frequency, at least 40 dB; and § 80.371 Public correspondence (f) * * * (3) On any frequency more than 7.5 frequencies. kHz from the instantaneous carrier * * * * *
Carrier frequency (MHz) Points of communication (Intership and between coast Channel designator Ship Coast and ship unless otherwise indicated) transmit transmit
******* 68 17 ...... 156.425 156.425
******* ******* 17 The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions as well as voice communica- tions. *******
25. Amend § 80.405 by revising the 26. Amend § 80.453 by adding § 80.477 AMTS points of communication. third sentence of paragraph (c) to read paragraph (a)(4) to read as follows: (a) AMTS coast stations may as follows: § 80.453 Scope of communications. communicate with fixed platform stations located in the offshore waters of § 80.405 Station license. * * * * * the Gulf of Mexico, with ship stations, * * * * * (a) * * * and with land units in accordance with (c) * * * When the station license (4) With units on land in accordance § 80.123. cannot be posted as in the case of a with § 80.123. * * * * * marine utility station operating at * * * * * temporary unspecified locations or the 28. Amend § 80.507 by adding ship or recreational boat does not have 27. Amend § 80.477 by revising the paragraph (d) to read as follows: an enclosed wheelhouse, it must be kept title and paragraph (a) to read as § 80.507 Scope of service. where it will be readily available for follows: inspection. * ** * * * * * 40308 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
(d) Each private coast station is otherwise noted. Interpret or apply 48 Stat. 1 The power is measured at the transmitter authorized by rule to use hand-held 1064–1068, 1081–1105, as amended; 47 output terminals and the type of power is de- U.S.C. 151–156, 301–609. termined according to the emission designator marine radios in the vicinity of the as follows: station’s fixed transmitter site on those 32. Amend § 87.27 by revising (i) Mean power (pY) for amplitude modu- frequencies assigned to the private coast paragraphs (a) and (b) to read as follows: lated emissions and transmitting both station. Hand-held communications sidebands using unmodulated full carrier. must conform to those normally § 87.27 License term. (ii) Peak envelope power (pX) for all emis- sion designators other than those referred to permitted under a marine utility station (a) Licenses for aircraft stations will in paragraph (i) of this note. authorization and must be limited to normally be issued for a term of ten ***** contact with the associated private coast years from the date of original issuance, 9 Excludes automatic link establishment. station and ship stations in the vicinity major modification or renewal. of the private coast station. Licensees may apply for renewal of the 34. Add § 87.149 to subpart D to read 29. Amend § 80.519 by revising station license up to ninety (90) days as follows: paragraph (b) to read as follows: after the date the license expires. § 87.149 Special requirements for § 80.519 Station identification. (b) Licenses other than aircraft automatic link establishment (ALE). stations in the aviation services will * * * * * normally be issued for a term of five Brief signalling for the purposes of (b) Marine utility stations, private years from the date of original issuance, measuring the quality of a radio channel coast stations, and associated hand-held and thereafter establishing radios, when exchanging major modification, or renewal. communications, may be identified by a Licensees, other than Aeronautical communication shall be permitted unit identifier in lieu of the call sign. Advisory (unicom) stations licensed within the 2 MHz–30 MHz band. Public Identification by transmission of the under § 87.215(b), Aeronautical Fixed, coast stations licensed under part 80 of assigned call sign must be at the end of Aeronautical Enroute, and Airport this chapter providing high seas service the exchange or at least once every 15 Control Tower stations, may apply for are authorized by rule to use such minutes. renewal of the station license up to signalling under the following 30. Amend § 80.653 by revising ninety (90) days after the date the conditions: license expires. paragraph (b)(2) to read as follows: (a) The transmitter power shall not * * * * * exceed 100 W ERP; § 80.653 Scope of communications. 33. Amend § 87.131 by adding * * * * * footnote 9 to to the column heading (b) Transmissions must sweep (b)* * * ‘‘Authorized emission(s)’’ to read as linearly in frequency at a rate of at least (2) Transmissions necessary for the follows: 60 kHz per second, occupying any 3 test and maintenance of maritime radio kHz bandwidth for less than 50 equipment at repair shops and at § 87.131 Power and emissions. milliseconds; temporary unspecified locations; * * * * * (c) The transmitter shall scan the band * * * * * no more than four times per hour; Fre- Author- PART 87ÐAVIATION SERVICES Class of quency Maximum (d) Transmissions within 6 kHz of the ized emis- 1 station band/fre- 9 power following protected frequencies and quency sion(s) 31. The authority citation for part 87 frequency bands must not exceed 10 µW continues to read as follows: peak ERP: Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless ***** (1) Protected frequencies (kHz)
2091.0 ...... 4188.0 6312.0 12290.0 16420.0 2174.5 ...... 4207.5 8257.0 12392.0 16522.0 2182.0 ...... 5000.0 8291.0 12520.0 16695.0 2187.5 ...... 5167.5 8357.5 12563.0 16750.0 2500.0 ...... 5680.0 8364.0 12577.0 16804.5 3023.0 ...... 6215.0 8375.0 15000.0 20000.0 4000.0 ...... 6268.0 8414.5 16000.0 25000.0 4177.5 ...... 6282.0 10000.0
(2) Protected bands (kHz) (2) On any frequency more than 250 NATIONAL AERONAUTICS AND 4125.0–4128.0 Hz from the instantaneous carrier SPACE ADMINISTRATION 8376.25–8386.75 frequency, at least 40 dB; and 48 CFR Parts 1852 13360.0–13410.0 (3) On any frequency more than 7.5 25500.0–25670.0 kHz from the instantaneous carrier Revision to the NASA FAR Supplement (e) The instantaneous signal, which frequency, at least 43 + 10log10 (peak To Correct Provision and Clause Dates refers to the peak power that would be power in watts) db. AGENCY: National Aeronautics and measured with the frequency sweep [FR Doc. 97–19350 Filed 7–25–97; 8:45 am] Space Administration (NASA). stopped, along with spurious emissions BILLING CODE 6712±01±P generated from the sweeping signal, ACTION: Final rule. must be attenuated below the peak carrier power (in watts) as follows: SUMMARY: This is a final rule amending (1) On any frequency more than 5 Hz the NASA FAR Supplement to correct from the instantaneous carrier the dates of provisions and clauses. frequency, at least 3 dB; EFFECTIVE DATE: July 28, 1997. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40309
FOR FURTHER INFORMATION CONTACT: clause in section 1852.243–70, are subpart H of 50 CFR part 600 and 50 Tom O’Toole, (202) 358–0478. revised to read ‘‘(JUL 1997)’’. CFR part 679. [FR Doc. 97–19727 Filed 7–25–97; 8:45 am] The 1997 TAC of Greenland turbot in SUPPLEMENTARY INFORMATION: BILLING CODE 7510±01±M the Bering Sea subarea was established Background by the Final 1997 Harvest Specifications of Groundfish for the BSAI (62 FR 7168, A final rule was published in the July DEPARTMENT OF COMMERCE February 18, 1997) and subsequent 9, 1997 Federal Register (62 FR 36704– reserve apportionment (62 FR 31369, 36738) that revised multiple parts of the National Oceanic and Atmospheric June 9, 1997) as 6,030 metric tons (mt). NASA FAR Supplement (NFS). The Administration See § 679.20(c)(3)(iii). published version of that rule did not In accordance with § 679.20(d)(2), the 50 CFR Part 679 include the dates for a number of Administrator, Alaska Region, NMFS, solicitation provisions and contract [Docket No. 961107312±7021±02; I.D. has determined that the 1997 TAC for clauses. This final rule makes the 072297D] Greenland turbot in the Bering Sea appropriate corrections. subarea has been reached. Therefore, Fisheries of the Exclusive Economic Impact NMFS is requiring that further catches Zone Off Alaska; Greenland Turbot in of Greenland turbot in the Bering Sea NASA certifies that this regulation the Bering Sea Subarea subarea be treated as prohibited species will not have a significant economic AGENCY: National Marine Fisheries in accordance with § 679.21(b). impact on a substantial number of small Service (NMFS), National Oceanic and Classification entities under the Regulatory Flexibility Atmospheric Administration (NOAA), Act (5 U.S.C. 601 et seq.). This final rule Commerce. This action responds to the best does not impose any reporting or record ACTION: Closure. available information recently obtained keeping requirements subject to the from the fishery. It must be Paperwork Reduction Act. SUMMARY: NMFS is prohibiting retention implemented immediately to prevent List of Subjects in 48 CFR 1852 of Greenland turbot in the Bering Sea overharvesting the 1997 TAC for subarea of the Bering Sea and Aleutian Greenland turbot in the Bering Sea Government procurement. Islands management area (BSAI). NMFS subarea of the BSAI. Providing prior Tom Luedtke, is requiring that catch of Greenland notice and an opportunity for public turbot in this area be treated in the same Associate Administrator for Procurement. comment on this action is impracticable manner as prohibited species and and contrary to public interest. The fleet Accordingly, 48 CFR Part 1852 is discarded at sea with a minimum of has already taken the directed fishing amended as follows: injury. This action is necessary because allowance for Greenland turbot. Further 1. The authority citation for 48 CFR the Greenland turbot 1997 total delay would only result in overharvest Part 1852 continues to read as follows: allowable catch (TAC) in this area has and disrupt the FMP’s objective of been reached. allowing incidental catch to be retained Authority: 42 U.S.C. 2473(c)(1). DATES: Effective 1200 hrs, Alaska local throughout the year. NMFS finds for PART 1852ÐSOLICITATION time (A.l.t.), July 23, 1997, until 2400 good cause that the implementation of PROVISIONS AND CONTRACT hrs, A.l.t., December 31, 1997. this action cannot be delayed for 30 CLAUSES FOR FURTHER INFORMATION CONTACT: days. Accordingly, under 5 U.S.C. Mary Furuness, 907–586-7228. 553(d), a delay in the effective date is 1852.216±89, 1852.219±73, 1852.219±75, SUPPLEMENTARY INFORMATION: The hereby waived. 1852.219±76, 1852.219±77, 1852.219±79, groundfish fishery in the BSAI exclusive This action is required by § 679.20 1852.227±72, 1852.242±73, 1852.243±70, economic zone is managed by the NMFS and is exempt from review under E.O. 1852.245±70, 1852.245±71, 1852.245±77, according to the Fishery Management 1852.245±79 [Amended] 12866. Plan for the Groundfish Fishery of the Authority: 16 U.S.C. 1801 et seq. 2. The dates of the provisions and Bering Sea and Bering Sea Area (FMP) clauses in sections 1852.216–89, prepared by the North Pacific Fishery Dated: July 22, 1997. 1852.219–73, 1852.219–75, 1852.219– Management Council under authority of Gary C. Matlock, 76, 1852.219–77, 1852.219–79, the Magnuson-Stevens Fishery Director, Office of Sustainable Fisheries, 1852.227–72, 1852.242–73, 1852.245– Conservation and Management Act. National Marine Fisheries Service. 70, 1852.245–71, 1852.245–77, Fishing by U.S. vessels is governed by [FR Doc. 97–19792 Filed 7–23–97; 4:01 pm] 1852.245–79, and Alternate I within the regulations implementing the FMP at BILLING CODE 3510±22±F 40310
Proposed Rules Federal Register Vol. 62, No. 144
Monday, July 28, 1997
This section of the FEDERAL REGISTER or Teresa Hutchinson, Marketing reduction in size of the regulated contains notices to the public of the proposed Specialist, Northwest Marketing Field production area; (4) revise ‘‘procedure issuance of rules and regulations. The Office, Marketing Order Administration of Control Committee’’, ‘‘(a) quorum and purpose of these notices is to give interested Branch, Fruit and Vegetable Division, voting’’, so that the number of members persons an opportunity to participate in the AMS, USDA, 1220 S.W. Third Avenue, needed for a quorum is consistent with rule making prior to the adoption of the final rules. room 369, Portland, OR 97204–2807; the revised Committee representation, telephone (509) 326–2724 or FAX (509) and amend ‘‘(b) mail voting’’, to allow 326–7440. Small businesses may request for the use of telecopiers and other DEPARTMENT OF AGRICULTURE information on compliance with this electronic means; and (5) revise the regulation by contacting: Jay Guerber, definition of ‘‘pears’’ to exclude pears Agricultural Marketing Service Marketing Order Administration produced in California. Also included Branch, Fruit and Vegetable Division, in the Notice of Hearing was the Fruit 7 CFR Part 927 AMS, USDA, P.O. Box 96456, room and Vegetable Division, Agricultural [Docket Nos. AO±99±A7; FV96±927±1] 2523–S, Washington, DC 20090–6456; Marketing Service (AMS), U.S. telephone (202) 720–2491; FAX (202) Department of Agriculture, proposal to Winter Pears Grown in Oregon, 720–5698. make such changes as are necessary to Washington, and California; SUPPLEMENTARY INFORMATION: Prior the order, if any or all of the above Secretary's Decision and Referendum documents in this proceeding: Notice of amendments are adopted, so that all of Order on Proposed Further Hearing issued on June 24, 1996, and its provisions conform with the Amendment of Marketing Agreement published in the June 26, 1996, issue of proposed amendment. and Order No. 927 the Federal Register (61 FR 33047). Upon the basis of evidence Recommended Decision and introduced at the hearing and the record AGENCY: Agricultural Marketing Service, Opportunity to File Written Exceptions thereof, the Administrator of the USDA. issued on June 9, 1997, and published Agricultural Marketing Service (AMS) ACTION: Proposed rule and referendum in the Federal Register on June 16, 1997 on June 9, 1997, filed with the Hearing order. (62 FR 32548). Clerk, U.S. Department of Agriculture, a This administrative action is governed Recommended Decision and SUMMARY: This decision proposes by the provisions of sections 556 and Opportunity to File Written Exceptions amendments to the subject marketing 557 of Title 5 of the United States Code thereto by June 26, 1997. No exceptions agreement and order (order) and and, therefore, is excluded from the were received. provides winter pear producers with the requirements of Executive Order 12866. opportunity to vote in a referendum to Small Business Considerations determine if they favor the proposed Preliminary Statement Pursuant to requirements set forth in amendments. The proposed The proposed amendment of the Regulatory Flexibility Act (RFA), the amendments were submitted by the Marketing Agreement and Order No. Agricultural Marketing Service (AMS) Winter Pear Control Committee 927 is based on the record of a public has considered the economic impact of (Committee). The proposed hearing held in Sacramento, California, this action on small entities. amendments would remove the State of on July 9, 1996, and in Portland, Accordingly, AMS has prepared this California from the order and make Oregon, on July 10, 1996. The hearing initial regulatory flexibility analysis. related changes to provisions was held pursuant to the provisions of The purpose of the RFA is to fit concerning the production area, the Agricultural Marketing Agreement regulatory actions to the scale of districts, and establishment and Act of 1937, as amended (7 U.S.C. 601 business subject to such actions in order membership of the Committee. Another et seq.), hereinafter referred to as the that small businesses will not be unduly amendment would allow the use of ‘‘Act,’’ and the applicable rules of or disproportionately burdened. Small telecopiers or other electronic means in practice and procedure governing agricultural producers have been Committee voting procedures. The proceedings to formulate marketing defined by the Small Business proposed amendments are intended to agreements and marketing orders (7 CFR Administration (SBA) (13 CFR 121.601) improve the administration, operation part 900). The Notice of Hearing as those having annual receipts of less and functioning of the order. contained proposals submitted by the than $500,000. Small agricultural DATES: The referendum shall be Winter Pear Control Committee service firms, which include handlers conducted from August 8, through (Committee), which locally administers regulated under the order, are defined as August 29, 1997. The representative the order. those with annual receipts of less than period for the purpose of the The Committee’s proposed $5,000,000. referendum herein ordered is July 1, amendments would: (1) Revise the Interested persons were invited to 1996, through June 30, 1997. definition of ‘‘production area’’ to mean present evidence at the hearing on the FOR FURTHER INFORMATION CONTACT: only the States of Oregon and probable regulatory and informational Kathleen M. Finn, Marketing Specialist, Washington; (2) revise ‘‘district’’ by impact of the proposed amendments on Marketing Order Administration removing California, leaving only those small businesses. The record indicates Branch, Fruit and Vegetable Division, districts designated in the States of that handlers would not be unduly AMS, USDA, room 2523–S, Oregon and Washington; (3) revise burdened by any additional regulatory Washington, DC 20250–0200; telephone ‘‘establishment and membership’’ of the requirements, including those (202) 720–2491, or FAX (202) 720–5698; Committee to be consistent with the pertaining to reporting and Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40311 recordkeeping, that might result from producing over 400,000 standard boxes order or to be exempted therefrom. A this proceeding. of pears annually. handler is afforded the opportunity for During the 1995–96 crop year, Record evidence also showed that the a hearing on the petition. After the approximately 100 handlers were collection of information under the hearing the Secretary would rule on the regulated under Marketing Order No. marketing order would not be effected if petition. The Act provides that the 927. In addition, there were about 1,800 California was removed from the district court of the United States in any producers of winter pears in the marketing order. A witness testified that district in which the handler is an production area. Production for the there are alternatives that would replace inhabitant, or has his or her principal 1995–96 season showed that 15,316,776 the current information that is being place of business, has jurisdiction to standard boxes were produced in collected from the State of California, if review the Secretary’s ruling on the Oregon and Washington, while it is needed. Accordingly, this action petition, provided an action is filed not California produced 434,380 standard would not impose any additional later than 20 days after date of the entry boxes. reporting or recordkeeping requirements of the ruling. The Act requires the application of on either small or large pear handlers. uniform rules on regulated handlers. As with all Federal marketing order Findings and Conclusions and Rulings Marketing orders and amendments programs, reports and forms are The material issues, findings and thereto are unique in that they are periodically reviewed to reduce conclusions, rulings, and general normally brought about through group information requirements and findings and determinations included in action of essentially small entities for duplication by industry and public the Recommended Decision set forth in their own benefit. Thus, both the RFA sector agencies. the June 16, 1995, issue of the Federal and the Act are compatible with respect The Department has not identified Register (62 FR 32548) are hereby to small entities. any relevant Federal rules that approved and adopted. The proposed amendment to remove duplicate, overlap or conflict with this the State of California would allow the proposed rule. Marketing Agreement and Order Northwest winter pear industry to The proposal to allow Committee operate more efficiently. There are members to vote by telecopiers or other Annexed hereto and made a part approximately 60 growers and 19 electronic means would provide hereof is the document entitled ‘‘Order handlers of winter pears in California members with the option to use these Amending the Order Regulating the who have asked to be removed from the methods if available when voting on an Handling of Winter Pears Grown in marketing order since the harvesting action is to be done quickly. This would Oregon, Washington, and California.’’ and marketing seasons for California allow Committee members to vote This document has been decided upon pears are different than those for pears without assembling at a meeting place as the detailed and appropriate means of grown in Oregon and Washington. and, therefore, reduce administrative effectuating the foregoing findings and Production for the 1995–96 season costs and act quickly on a conclusions. showed that 15,316,776 standard boxes recommendation that needs the It is hereby ordered, That this entire were produced in Oregon and Committee’s attention. ‘‘Other electronic decision be published in the Federal Washington, while California produced means’’ includes the use of modems, Register. 434,380 standard boxes. Revenue video and teleconferencing. The term is Referendum Order generated from assessments collected in flexible to allow for the use of new 1995–96 would be $175,923 from technologies by the Committee for It is hereby directed that a referendum California compared to $6,203,295 from voting. be conducted in accordance with the Oregon and Washington. The additional proposals are changes procedure for the conduct of referenda Record evidence indicated that during that would need to be made to the (7 CFR part 900.400 et seq.) to the 1994–95 crop year winter pears were marketing order to reflect the removal of determine whether the issuance of the assessed at $.43 per standard box. the State of California. annexed order amending the order According to preliminary figures in the All of these changes are designed to regulating the handling of winter pears record, returns to handlers per standard enhance the administration and grown in Oregon, Washington, and box for that year were $8.31. The functioning of the marketing agreement California, is approved or favored by assessment rate is about 5 percent of the and order to the benefit of the industry. producers, as defined under the terms of preliminary returns. The amendments proposed herein the order, who during the representative California growers believe they are have been reviewed under Executive period were engaged in the production funding promotion programs that are in Order 12988, Civil Justice Reform. They of winter pears grown in Oregon, direct competition with their own are not intended to have retroactive Washington, and California. product. Record evidence showed that effect. If adopted, the proposed there would not be any additional amendments would not preempt any The representative period for the burden imposed on handlers if such an State or local laws, regulations, or conduct of such referendum is hereby amendment was implemented. In fact, policies, unless they present an determined to be July 1, 1996, through handlers in the State of California irreconcilable conflict with the June 30, 1997. would be relieved of any regulatory amendments. The agents of the Secretary to conduct burden. Those in Oregon and The Act provides that administrative such referendum are hereby designated Washington could continue to benefit proceedings must be exhausted before to be Gary Olson, Regional Manager, from operation of the program. There parties may file suit in court. Under and Teresa Hutchinson, Marketing are currently 1,700 winter pear growers section 608c(15)(A) of the Act, any Specialist, Northwest Marketing Field and 93 winter pear handlers in Oregon handler subject to an order may file Office, Marketing Order Administration and Washington producing over 15 with the Secretary a petition stating that Branch, Fruit and Vegetable Division, million standard boxes of pears the order, any provision of the order, or AMS, USDA, 1220 S.W. Third Avenue, annually. In California, there are any obligation imposed in connection room 369, Portland, OR 97204–2807; approximately 60 winter pear growers with the order is not in accordance with telephone (509) 326–2724 or FAX (509) and 19 handlers of winter pears law and request a modification of the 326–7440. 40312 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
List of Subjects in 7 CFR Part 927 issuance of several orders applicable to § 927.11 [Amended] Marketing Agreements, Pears, subdivisions of the production area 5. In § 927.11, paragraph (e) is Reporting and recordkeeping would not effectively carry out the removed. requirements. declared policy of the Act; (4) The order, as amended, as hereby § 927.20 [Amended] Dated: July 22, 1997 proposed to be further amended, 6. Section 927.20 is amended by Lon Hatamiya, prescribes, insofar as practicable, such removing the number ‘‘14’’ in the first Administrator, Agricultural Marketing different terms applicable to different sentence and adding in its place the Service. parts of the production area as are number ‘‘12’’, and removing the word ‘‘seven’’ each time it appears in the Order Amending the Order Regulating necessary to give due recognition to the differences in the production and third sentence and adding in its place the Handling of Winter Pears Grown in the word ‘‘six’’. Oregon, Washington, and California 1 marketing of winter pears grown in the production area; and § 927.33 [Amended] Findings and Determinations (5) All handling of winter pears grown 7. In § 927.33, paragraph (a) is The findings and determinations in the production area is in the current amended by removing the word ‘‘ten’’ in hereinafter set forth are supplementary of interstate or foreign commerce or the first sentence and adding in its place and in addition to the findings and directly burdens, obstructs, or affects the word ‘‘nine’’; and adding the words determinations previously made in such commerce. ‘‘telecopier or other electronic means,’’ connection with the issuance of the Order Relative to Handling and a comma after the word ‘‘mail’’ in order; and all of said previous findings paragraph (b) first sentence. and determinations are hereby ratified It is therefore ordered, That on and and affirmed, except insofar as such after the effective date hereof, all [FR Doc. 97–19800 Filed 7–25–97; 8:45 am] findings and determinations may be in handling of winter pears grown in BILLING CODE 3410±02±P conflict with the findings and Oregon and Washington shall be in determinations set forth herein. conformity to, and in compliance with, the terms and conditions of the said DEPARTMENT OF AGRICULTURE (A) Findings and Determinations Upon order as hereby proposed to be amended the Basis of the Hearing Record as follows: Agricultural Marketing Service Pursuant to the provisions of the The provisions of the proposed 7 CFR Part 989 Agricultural Marketing Agreement Act marketing agreement and the order of 1937, as amended (7 U.S.C. 601 et amending the order contained in the [Docket No. FV±97±989±2 PR] seq.), and the applicable rules of Recommended Decision issued by the Raisins Produced From Grapes Grown practice and procedure effective Administrator on June 9, 1997, and in California; Suspension of Provisions thereunder (7 CFR part 900), a public published in the Federal Register on Concerning Certain Offers of Reserve hearing was held upon the proposed June 16, 1997, shall be and are the terms Raisins to Handlers for Free Use amendments to the Marketing and provisions of this order amending Agreement and Order No. 927 (7 CFR the order and are set forth in full herein. AGENCY: Agricultural Marketing Service, part 927), regulating the handling of USDA. PART 927ÐWINTER PEARS GROWN winter pears grown in Oregon, ACTION: Proposed rule. Washington, and California. IN OREGON, WASHINGTON, AND Upon the basis of the evidence CALIFORNIA SUMMARY: This proposal invites comments on the suspension of introduced at such hearing and the 1. The authority citation for 7 CFR language in provisions of the raisin record thereof, it is found that: part 927 continues to read as follows: (1) The order, as amended, as hereby marketing order concerning certain proposed to be further amended, and all Authority: 7 U.S.C. 601–674. offers of reserve raisins to handlers for of the terms and conditions thereof, will 2. The part heading is revised to read free use. The marketing order regulates tend to effectuate the declared policy of as follows: the handling of raisins produced from the Act; grapes grown in California, and is (2) The order, as amended, as hereby PART 927ÐWINTER PEARS GROWN administered locally by the Raisin proposed to be further amended, IN OREGON AND WASHINGTON Administrative Committee (Committee). regulates the handling of winter pears This rule would indefinitely suspend 3. Section 927.4 is revised to read as certain language to provide the grown in the production area in the follows: same manner as, and is applicable only Committee more flexibility in meeting to persons in the respective classes of § 927.4 Pears. its marketing needs. This proposal was commercial and industrial activity Pears means and includes any and all unanimously recommended by the specified in the marketing order upon of the Beurre D’Anjou, Beurre Bosc, Committee. which hearings have been held; Winter Nelis, Doyenne du Comice, DATES: Comments must be received by (3) The order, as amended, as hereby Forelle, and Seckel varieties of pears, August 27, 1997. proposed to be further amended, is and any other winter pear varieties or ADDRESSES: Interested persons are limited in application to the smallest subvarieties that are recognized by the invited to submit written comments regional production area which is Control Committee and approved by the concerning this proposal. Comments practicable, consistent with carrying out Secretary. must be sent in triplicate to the Docket the declared policy of the Act, and the 4. Section 927.10 is revised to read as Clerk, Fruit and Vegetable Division, follows: AMS, USDA, room 2525–S, P.O. Box 1 This order shall not become effective unless and 96456, Washington, DC 20090–6456, until the requirements of § 900.14 of the rules of § 927.10 Production area. # practice and procedure governing proceedings to Fax (202) 720–5698. All comments formulate marketing agreements and marketing Production area means and includes should reference the docket number and orders have been met. the States of Oregon and Washington. the date and page number of this issue Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40313 of the Federal Register and will be review the Secretary’s ruling on the 10 offers is voluntary; handlers are not made available for public inspection in petition, provided an action is filed not required to purchase any reserve raisins. the Office of the Docket Clerk during later than 20 days after date of the entry The Committee believes that changes regular business hours. of the ruling. in the raisin industry, particularly FOR FURTHER INFORMATION CONTACT: This proposal invites comments on changes to export programs Maureen Pello, California Marketing the indefinite suspension of language in administered under the marketing order, Field Office, Marketing Order sections 989.54(g) and 989.67(j) of the have made the 10 plus 10 offers a more Administration Branch, F&V, AMS, order. The proposed suspension important source of raisins for many USDA, 2202 Monterey Street, suite concerns certain offers of reserve raisins handlers. The Committee’s export 102B, Fresno, California 93721; to handlers for free use. The suspension programs in the early 1990’s allowed telephone: (209) 487–5901, Fax # (209) was unanimously recommended by the handlers who exported California 487–5906; or Mark A. Slupek, Marketing Committee. raisins to purchase, at a reduced rate, Specialist, Marketing Order Section 989.54(g) of the order reserve raisins for free use. This Administration Branch, F&V, AMS, describes two annual offers of reserve effectively blended down the cost of the USDA, room 2536–S, P.O. Box 96456, raisins to handlers for free use for each raisins which were exported, allowing Washington, DC 20090–6456; telephone: varietal type for which preliminary handlers to be price competitive in (202) 205–2830, Fax # (202) 720–5698. volume control percentages have been export markets, which generally feature Small businesses may request computed and announced. Each of these lower prices than the domestic market. information on compliance with this offers consists of 10 percent of the prior One effect of this program was that regulation by contacting: Jay Guerber, year’s shipments of free raisins and handlers would continuously purchase Marketing Order Administration reserve raisins sold for free use. These reserve raisins for free use throughout Branch, Fruit and Vegetable Division, offers are known to the industry as the the crop year. Handlers who knew they would be exporting raisins did not need AMS, USDA, P.O. Box 96456, room ‘‘10 plus 10’’ offers. The order currently to purchase enough raisins to meet their 2525–S, Washington, DC 20090–6456; mandates that the 10 plus 10 offers must needs for the entire year early in the telephone (202) 720–2491; Fax # (202) be made simultaneously on or before November 15 of the crop year. The order season. 720–5698. The current export program, which is defines the crop year for raisins as the SUPPLEMENTARY INFORMATION: This in its second year of operation, offers 12-month period beginning with August proposal is issued under Marketing cash, rather than reserve raisins, to 1 of any year and ending with July 31 Agreement and Order No. 989 (7 CFR exporting handlers. This has caused of the following year. part 989), both as amended, regulating handlers to make larger purchases of 10 the handling of raisins produced in Section 989.54(a) establishes that the plus 10 raisins to replace the raisins California, hereinafter referred to as the trade demand for raisins shall be 90 formerly acquired through the export ‘‘order.’’ The marketing agreement and percent of the prior crop year’s program. When handlers make large 10 order are effective under the shipments with adjustments for plus 10 purchases early in the season, Agricultural Marketing Agreement Act inventory, meaning that the trade rather than small reserve purchases of 1937, as amended (7 U.S.C. 601–674), demand excludes 10 percent of the prior throughout the season, however, they hereinafter referred to as the ‘‘Act.’’ year’s shipments. Preliminary volume are committing themselves to raisins The Department of Agriculture control percentages, which are before they have a firm estimate of their (Department) is issuing this rule in computed and announced by October 5 needs for the year. Handlers are forced conformance with Executive Order of each crop year, make up to 85 percent to guess at the demand for the 12866. of the trade demand available to remainder of the crop year. If this guess This proposal has been reviewed handlers for disposal in any marketing is too high, prices will fall and there under Executive Order 12988, Civil channel. The final free percentage, may be excess free tonnage inventory at Justice Reform. This rule is not intended which is recommended by the the end of the crop year, resulting in to have retroactive effect. This proposal Committee by February 15 of each crop market instability and a lower free will not preempt any State or local laws, year, makes the remainder of the trade percentage for the following year. If the regulations, or policies, unless they demand available to handlers. guess is too low, market needs may not present an irreconcilable conflict with Standard raisins are raisins which be met and the Committee may be this rule. meet the minimum grade and condition forced to dispose of the excess reserve The Act provides that administrative standards for natural condition raisins. raisins in low income outlets. proceedings must be exhausted before Handlers are required to place the Most raisin deliveries, and most of the parties may file suit in court. Under reserve percentage of their standard associated costs, are concentrated section 608c(15)(A) of the Act, any raisin acquisitions in the reserve pool. between September and November, so handler subject to an order may file One of the 10 plus 10 offers makes handlers must establish large lines of with the Secretary a petition stating that available, from the reserve pool, the 10 credit at this time during each crop year. the order, any provision of the order, or percent of the prior year’s shipments Because the Committee is required to any obligation imposed in connection which the final free percentage does not make the 10 plus 10 offers concurrently with the order is not in accordance with make available. This offer, then, equates on or before November 15 of the crop law and request a modification of the the current year’s supply with the prior year, handlers must arrange for order or to be exempted therefrom. A year’s shipments. Because the free additional credit to make their 10 plus handler is afforded the opportunity for percentage and this 10 plus 10 offer 10 purchases. The Committee believes a hearing on the petition. After the only make available the tonnage that the inflexibility of the November 15 hearing the Secretary would rule on the shipped during the prior year (with the deadline and the requirement of petition. The Act provides that the appropriate inventory adjustments), the simultaneous offers creates unnecessary district court of the United States in any other 10+10 offer, intended for market financial stress on handlers. district in which the handler is an expansion, makes an additional 10 Section 987.67(j) of the order lists inhabitant, or has his or her principal percent available to handlers from the other circumstances, including national place of business, has jurisdiction to reserve pool. Acceptance of the 10 plus emergency, crop failure, changing 40314 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules economic or marketing conditions, fire level of shipments and the size of the this action on small entities. or other disasters, or to supplement an reserve offer for free use. Accordingly, AMS has prepared this inadequate inventory to carryover to the Elimination of the simultaneous initial regulatory flexibility analysis. next crop year, under which the requirement and the November 15 The purpose of the RFA is to fit Committee can sell reserve raisins for deadline from the first sentence of regulatory actions to the scale of free use. The Committee also can offer § 989.54(g) would leave the following business subject to such actions in order reserve raisins for free use if raisin sentence, ‘‘the Committee shall make that small businesses will not be unduly shipments during the first 10 months of two offers of reserve tonnage to sell to or disproportionately burdened. the current crop year exceed 105 handlers to sell as free tonnage for each Marketing orders issued pursuant to the percent of shipments during the varietal type for which preliminary Act, and rules issued thereunder, are comparable period of the prior crop percentages have been computed and unique in that they are brought about year. This type of offer is limited to the announced.’’ This means that if through group action of essentially amount exceeding 105 percent of the preliminary percentages have been small entities acting on their own prior year’s shipments. Thus, if the established, the Committee would still behalf. Thus, both statutes have small market for raisins expands rapidly be required to make two 10 plus 10 entity orientation and compatibility. during any crop year, this provision offers, but these offers could take place There are approximately 20 handlers allows the Committee to make more independently at any time during the of California raisins who are subject to raisins available to handlers to supply crop year. regulation under the raisin marketing the increased market needs. The 105 The Committee expects that these order and approximately 4,500 percent limit was established to changes would solve some of the producers of raisins in the regulated safeguard against depressing raisin planning and credit problems which area. Small agricultural service firms, prices by expanding the free supply by handlers currently face. If one or both of which includes handlers, have been too large a quantity. Like the 10 plus 10 the offers were moved to later in the defined by the Small Business offers, handler acceptance of this type of crop year, handlers would be able to Administration (13 CFR 121.601) as offer is voluntary. make better informed acquisition those having annual receipts of less than During the past two seasons, the decisions. At the same time, a change in $5,000,000, and small agricultural Committee has reduced its desirable the offer date would ease the autumn producers are defined as those having carryout inventory level by about 20 credit burden for many handlers. annual receipts of less than $500,000. percent, meaning that the free The Committee’s proposal to suspend No more than 8 handlers, and a majority percentage provides for fewer raisins to language in § 989.67(j) would leave the of producers, of California raisins may remain at the end of a crop year for use following as one of the circumstances be classified as small entities. Twelve of in the following crop year. Reduction of which allows the Committee to offer the 20 handlers subject to regulation the desirable carryout, coupled with the reserve tonnage to handlers for free use: have annual sales estimated to be at elimination of the export program ‘‘free tonnage shipments during the then least $5,000,000, and the remaining 8 which offered reserve raisins for free current crop year exceeding shipments handlers have sales less than use, has increased the likelihood that of a comparable period of the prior crop $5,000,000, excluding receipts from any the raisin industry might have an year: Provided, that, such sale of reserve other sources. inadequate supply of raisins late in a tonnage shall be limited to the quantity This proposal would suspend crop year which featured an increase in exceeding shipments for the first ten provisions concerning certain offers of shipments. If handlers, when making months of the prior crop year’’. Thus, if reserve raisins to handlers for free use acquisition decisions early in the free tonnage shipments were up during under §§ 989.54(g) and 989.67(j) of the season, underestimate their needs for the first ten months of a crop year, the raisin marketing order. The current the crop year, they could be forced to Committee could offer reserve raisins to provisions in § 989.54(g) require that the either lose current sales or ship raisins handlers for free use in any amount Committee make two simultaneous which were intended to be carried over, exceeding the prior year’s shipments. offers of reserve raisins for free use, each which could prevent the industry from Following the earlier example, if the equal to 10 percent of the prior year’s meeting its market needs early in the raisin industry were to experience 6 free shipments, on or before November next crop year. percent growth over the first ten months 15 of each crop year for each variety for As an example, if the raisin industry of a given crop year, the Committee which preliminary volume control were to experience 6 percent growth could offer reserve raisins for free use percentages have been computed and over the first 10 months of a given crop up to 6 percent of the previous year’s announced. These ‘‘10 plus 10’’ offers year, the Committee could offer reserve shipments. In fact, if the growth was are intended to ensure that the raisins for free use up to 1 percent of the only 4 percent, the Committee could establishment of volume control previous year’s shipments. With the offer up to 4 percent of the previous regulations will not prevent the industry tightening of the desirable carryout and year’s shipments. Under the current from having enough raisins to meet the the absence of reserve raisins offered provisions, the Committee could make prior year’s shipments plus some raisins under the export program, the industry no offer at 4 percent growth because the for market expansion. could face a short supply of free raisins year’s growth did not meet the 5 percent Changes in the Committee’s export while an adequate supply of reserve threshold. The Committee believes that programs have caused many handlers to raisins sat unused. the current inflexibility could become greatly increase their 10 plus 10 At its meeting on April 10, 1997, the problematic in the future, particularly if purchases. During the 5 years prior to Committee recommended suspending the industry was unable to take the change to the export programs, language in both §§ 989.54(g) and advantage of a growth opportunity in handler purchases of raisins from 10 989.67(j). In the former, the suspension what has, in recent years, become a plus 10 offers averaged 10,355 tons. In would eliminate both the simultaneous relatively stagnant market. the 2 seasons since the program was requirement and the November 15 Pursuant to requirements set forth in modified, the purchases increased to an deadline for the 10 plus 10 offers. In the the Regulatory Flexibility Act (RFA), the average of 61,033 tons, a 489 percent latter, the 105 percent requirement Agricultural Marketing Service (AMS) increase. The requirement that the offers would be removed from the required has considered the economic impact of be made simultaneously on or before Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40315
November 15 of each crop year does not marketing policy, during the last 10 duplication by industry and public allow the Committee the flexibility that crop years free shipments have ranged sector agencies. it now believes is necessary for handlers between 290,646 (in 1986–87) and The Department has not identified to meet their market needs. Because 338,881 tons (1990–91). The most recent any relevant Federal rules that these offers must take place so early in complete crop year’s shipments (1995– duplicate, overlap or conflict with this the season, handlers have to guess at the 96) were the lowest, 315,170 tons, since proposed rule. level of raisins they will need for the 1986–87. The Committee calculates that year. the loss of just 1 percent of annual Committee and subcommittee Raisin handlers, because most raisin shipments due to the inability to supply meetings are widely publicized in deliveries to handlers are concentrated the late season market would cost about advance and are held in a location between September and November, $3 million in grower revenue. central to the production area. The must establish credit lines totaling The Committee also considered the meetings are open to all industry between $250–270 million each following situation. If free shipments members (including small business autumn. Because of the increase in 10 during 10 months of a crop year were entities) and other interested persons— plus 10 purchases, handlers have had to 275,000 tons, and shipments grew by 4 who are encouraged to participate in the establish an additional $75–80 million percent (11,000 tons) during the same deliberations and voice their opinions in credit during their most financially time period during the following crop on topics under discussion. Thus, burdened period of the year. The year, the current provision would allow Committee recommendations can be Committee believes that the inflexibility for no reserve offer due to growth. considered to represent the interests of of the November 15 deadline and the Under the proposed suspension, small business entities in the industry. requirement of simultaneous offers however, the Committee could offer up Finally, interested persons are invited to creates unnecessary financial stress on to 11,000 tons of reserve raisins for free submit information on the regulatory handlers, and that the proposed use. Assuming a profit to handlers of 1 and informational impacts of this action suspension would alleviate that stress cent per pound, the Committee on small businesses. and allow the handlers to better plan to calculates that operating under the A 30-day comment period is provided meet their market needs. current provision would cost handlers to allow interested persons to respond Section 989.67(j) of the order $220,000 in profit and growers $11 to this proposal. All written comments authorizes the Committee to offer million in revenue. The benefits timely received will be considered reserve raisins for free use if raisin generated by this rule are not expected before a final determination is made on shipments during the first 10 months of to be disproportionately greater or less this matter. the current crop year exceed shipments for small handlers or producers than for during the comparable period of the large entities. List of Subjects in 7 CFR Part 989 prior crop year. Thus, if the market for The Committee discussed alternatives raisins expands rapidly during any crop to this change, including not Grapes, Marketing agreements, year, this provision allows the suspending any language in either Raisins, Reporting and recordkeeping Committee to make more raisins section of the order. Suspending the requirements. available to handlers to supply the provisions discussed herein provides For the reasons set forth in the increased market needs. Any such offer the Committee with flexibility, preamble, 7 CFR part 989 is proposed to is limited, however, to the amount of including the option of operating be amended as follows: raisins exceeding 105 percent of the exactly as it does now. If the Committee prior year’s shipments. were to find any change was not PART 989ÐRAISINS PRODUCED As described above, handlers are now beneficial, the suspension would not FROM GRAPES GROWN IN making their acquisition decisions prevent the Committee from returning to CALIFORNIA earlier in the season than in previous its current procedures for the next year. years. In addition, the Committee has Leaving the sections as they currently 1. The authority citation for 7 CFR tightened its supply situation during the stand, however, offers the Committee no part 989 continues to read as follows: last 2 seasons by reducing its desirable marketing flexibility. The Committee inventory level and eliminating the also recognized that reserve raisins can Authority: 7 U.S.C. 601–674. feature of its export program which be offered for free use to supplement an § 989.54 [Amended] made reserve tonnage available to inadequate carryover inventory, but handlers for free use. The Committee thought that this option could be too 2. In § 989.54, paragraph (g) the believes that these factors leave the late to prevent lost sales. Also, this words, ‘‘On or before November 15 of industry with little room for error; if proposed suspension would not prevent the crop year,’’ and ‘‘simultaneous’’, are handlers underestimate the tonnage that the Committee from selecting such a suspended indefinitely from the first is needed to meet the market needs, course. sentence. there are too few avenues for acquiring This proposed rule would suspend raisins for free use later in the season. language concerning offers of reserve § 989.67 [Amended] In a growth year, a poor estimate could tonnage raisins under the raisin 3. In § 989.67, paragraph (j) the words, result in customers with unmet needs. marketing order. The order currently ‘‘by more than 5 percent’’ and ‘‘105 The earlier example discussed years authorizes such offers and would percent of’’, are suspended indefinitely in which the industry experienced 4 continue to do so. Accordingly, this from the first sentence. and 6 percent growth, and that the action would not impose any additional Committee now believes that the reporting or recordkeeping requirements Dated: July 22, 1997. inflexibility of § 989.67(j) could prevent on either small or large raisin handlers. Lon Hatamiya, the industry from taking advantage of As with all Federal marketing order Administrator, Agricultural Marketing growth opportunities in what has programs, reports and forms are Service. become a relatively stagnant market. periodically reviewed to reduce [FR Doc. 97–19798 Filed 7–25–97; 8:45 am] According to the Committee’s 1996–97 information requirements and BILLING CODE 3410±02±P 40316 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
SECURITIES AND EXCHANGE issues. The Commission requested that which may prove to be misleading and COMMISSION comments on the concept release be are in need of clarification. submitted by September 2, 1997. 17 CFR Part 240 Recently, the Commission has Correction of Publication Accordingly, the publication of the [Release No. 34±38860; International Series received requests from interested Release No. 1093; File No. S7±16±97] persons for an extension of time within correction to notice of proposed which to comment on the concept rulemaking and notice of public hearing Regulation of Exchanges release. In light of the range of issues (REG–252487–96), which was the raised in the concept release and the subject of FR Doc. 97–18444, is AGENCY: Securities and Exchange Commission’s desire to consider the corrected as follows: Commission. views of all interested persons on the 1. On page 37819, column 1, in the ACTION: Extension of the comment subject, the Commission believes that an preamble under the caption FOR period; concept release. extension of the comment period is FURTHER INFORMATION CONTACT: the language ‘‘James Quinn, (202) 622–3060 SUMMARY: The Securities and Exchange appropriate. Therefore, the comment (not a toll-free number).’’ is corrected to Commission (‘‘Commission’’) is period for responding to Securities extending from September 2, 1997, to Exchange Act Release No. 38672 is read ‘‘M. Grace Fleeman (202) 622–3850 October 3, 1997, the comment period for extended from September 2, 1997, to (not a toll-free number).’’. October 3, 1997. Securities Exchange Act Release No. § 1.672(f)±3 [Corrected] 38672 (May 23, 1997), 62 FR 30485 By the Commission. 2. On page 37819, column 2, (June 4, 1997). In this release, the Dated: July 22, 1997. § 1.672(f)–3, amendatory instruction 5, Commission reevaluated its approach Jonathan G. Katz, last two lines, the language ‘‘paragraph to, and sought public comment on, the Secretary. heading ‘Owner is grantor.’ is corrected regulation of exchanges and other [FR Doc. 97–19790 Filed 7–25–97; 8:45 am] to read ‘Death of grantor.’ ’’ is corrected markets in light of technological BILLING CODE 8010±01±P to read ‘‘paragraph heading ‘Owner is advances and the corresponding growth grantor.’ ’’ is corrected to read ‘Grantor of alternative trading systems and cross- is owner.’ ’’. border trading opportunities. DEPARTMENT OF THE TREASURY Cynthia E. Grigsby, DATES: Comments on the release should Chief, Regulations Unit, Assistant Chief be submitted on or before October 3, Internal Revenue Service Counsel (Corporate). 1997. [FR Doc. 97–19700 Filed 7–25–97; 8:45 am] ADDRESSES: Interested persons should 26 CFR Parts 1 and 301 BILLING CODE 4830±01±P submit three copies of their written [REG±252487±96] data, views, and opinions to Jonathan G. Katz, Secretary, Securities and Exchange RIN 1545±AU90 DEPARTMENT OF JUSTICE Commission, 450 Fifth Street, N.W., Inbound Grantor Trusts With Foreign Washington, D.C. 20549. Comments Grantors; Correction Parole Commission may also be submitted electronically at the following e-mail address: rule- AGENCY: Internal Revenue Service, 28 CFR Part 2 [email protected]. All comment letters Treasury. should refer to File No. S7–16–97; this ACTION: Correction to correction of a Paroling, Recommitting, and file number should be included on the notice of proposed rulemaking and Supervising Federal Prisoners: subject line if comments are submitted notice of public hearing. Disclosure of Parole Commission using e-mail. All submissions will be Regional Office File available for public inspection and SUMMARY: This document contains AGENCY: United States Parole copying at the Commission’s Public corrections to the correction of the Commission, Justice. Reference Room, Room 1024, 450 Fifth proposed rulemaking and notice of Street, N.W., Washington, D.C. 20549. public hearing (REG–252487–96), which ACTION: Proposed rule. was published in the Federal Register Electronically submitted comment SUMMARY: U.S. Parole Commission is Tuesday, July 15, 1997 (62 FR 37819), letters will be posted on the proposing to amend its regulations on relating to the application of the grantor Commission’s Internet web site (http:// disclosure of regional office files to trust rules to certain trusts established www.sec.gov). comply with the ‘‘Electronic Freedom of by foreign persons. SUPPLEMENTARY INFORMATION: On May Information Act Amendments of 1996.’’ FOR FURTHER INFORMATION CONTACT: M. 23, 1997, the Commission issued a DATES: Grace Fleeman (202) 622–3850 (not a Comments must be received by concept release soliciting comment on August 31, 1997. its approach to the regulation of toll-free number). ADDRESSES: Send comments to Office of exchanges and other markets in light of SUPPLEMENTARY INFORMATION: General Counsel, U.S. Parole technological advances and the Commission, 5550 Friendship corresponding growth of alternative Background Boulevard, Chevy Chase, Maryland trading systems and cross-border trading The correction notice that is the 20815. opportunities. 1 The Commission sought subject of this correction contains comments on a broad range of questions corrections to the notice of proposed FOR FURTHER INFORMATION CONTACT: concerning the oversight of alternative rulemaking and notice of public hearing Pamela A. Posch, Office of General trading systems, national securities under sections 643, 671 and 672 of the Counsel, U.S. Parole Commission, 5550 exchanges, foreign market activities in Internal Revenue Code. Friendship Blvd., Chevy Chase, the United States, and other related Maryland 20815, telephone (301) 492– Need for Correction 5959. 1 Securities Exchange Act Release No. 38672 (May As published, the correction notice SUPPLEMENTARY INFORMATION: On 23, 1997), 62 FR 30485 (June 4, 1997). for REG–252487–96 contains errors October 2, 1996, the President signed Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40317 into law the Electronic Freedom of The Proposed Amendment request for records to which it has Information Act (FOIA) Amendments of Accordingly, the U.S. Parole granted expedited processing. An 1996. The FOIA amendments permit Commission proposes the following administrative appeal of a denial of agencies to promulgate regulations amendment to 28 CFR Part 2. expedited processing may be made to providing for ‘‘multitrack’’ processing of the Chairman of the Commission within FOIA requests. This establishes two PART 2Ð[AMENDED] thirty days from the date of notice separate tracks for FOIA requests. One denying expedited processing. track would contain more 1. The authority citation for 28 CFR Dated: July 21, 1997. Part 2 continues to read as follows: comprehensive requests (e.g., for Michael J. Gaines, complete file disclosure) and would be Authority: 18 U.S.C. 4203(a)(1) and Chairman, U.S. Parole Commission. processed at the ordinary rate, whereas 4204(a)(6). [FR Doc. 97–19709 Filed 7–25–97; 8:45 am] the second track would contain less 2. Section 2.56 is proposed to be BILLING CODE 4410±01±P burdensome requests and would be amended by adding a new paragraph processed more quickly. This track (b)(1), adding and reserving paragraph (priority disclosure) will be reserved for (b)(2), and by adding a new paragraph DEPARTMENT OF THE INTERIOR hearing tape requests and requests for (i). These new provisions read as not more than two documents (e.g., the follows: National Park Service hearing summary and/or a presentence § 2.56 Disclosure of Parole Commission 36 CFR Part 4 report). (Where multiple hearings are regional office file. conducted before a decision is rendered, RIN 1024±AC63 such hearings will be treated as a single * * * * * (b) Scope of disclosure. * ** hearing when a request is made for tape Safety Belt Use Within the National (1) Requests that are only for a copy recordings.) The Commission is Park System of the tape recording of a hearing will proposing to revise its regulations to be processed ahead of requests seeking AGENCY: National Park Service, Interior. include such multitrack processing. multiple documents from the regional ACTION: Proposed rule. Further, the amendments require office file (priority processing). A SUMMARY: The National Park Service agencies to promulgate regulations that requester may limit the scope of the (NPS) is proposing to amend its provide for expedited processing of request to a tape recording only (or to regulations concerning safety belt use certain types of requests. The a tape recording and/or up to two within units of the NPS. Currently, the Commission is adopting the language of documents) and thereby qualify for NPS has regulations requiring seat belt the amendments regarding expedited priority processing. For example, a use by the operator and each front seat processing for cases demonstrating request for the tape recording and the passenger. On April 16, 1997, President ‘‘compelling need.’’ Although the examiner’s summary of a hearing Clinton signed Executive Order 13043 amendments to the FOIA allow the qualifies for priority processing. directing the NPS to promulgate Commission to define other cases which (2) [Reserved] regulations that require all occupants of demonstrate compelling need, the * * * * * motor vehicles to use safety belts or Commission is not doing so because the (i) Expedited processing of Requests. child restraint devices at all times majority of its FOIA requesters are (1) The Commission will provide within units of the NPS when the federal inmates and parolees, and the expedited processing of a request when vehicle is in motion. Parole Commission Reorganization Act a requester has demonstrated a DATES: Written comments will be (PCRA) provides these sentenced compelling need as defined in this accepted until September 26, 1997. offenders with a legally sufficient section and has presented a statement ADDRESSES: opportunity for disclosure prior to all certified by such person to be true and Comments should be addressed to: Ranger Activities Division, types of parole hearings, independently correct to the best of such person’s Suite 7408, National Park Service, 1849 of the FOIA. See 18 U.S.C. 4208 and 28 knowledge and belief. A requester may C Street, NW, Washington, D.C. 20240. CFR 2.55. demonstrate ‘‘compelling need’’ by establishing one of the following: FOR FURTHER INFORMATION CONTACT: Executive Order 12866 and Regulatory (i) that failure to obtain the requested Dennis Burnett, Ranger Activities Flexibility Statement records on an expedited basis could Division, National Park Service, at (202) 208–4874. The U.S. Parole Commission has reasonably be expected to pose an determined that this proposed rule is imminent threat to the life or physical SUPPLEMENTARY INFORMATION: safety of an individual; or not a significant rule within the (ii) with respect to a request made by Background meaning of Executive Order 12866, and a person primarily engaged in The NPS administers 375 areas the proposed rule has, accordingly, not disseminating information, urgency to throughout the country under the broad been reviewed by the Office of inform the public concerning actual or statutory mandates to promote and Management and Budget. The proposed alleged federal government activity. regulate their use; to conserve the rule, if adopted, will not have a (2) A determination as to whether to scenery, the natural and cultural objects significant economic impact upon a provide expedited processing shall be and the wildlife therein; and to provide substantial number of small entities made within ten days after the date of for their enjoyment in such manner as within the meaning of the Regulatory the request. However, the fact of lawful will leave them unimpaired for the Flexibility Act, 5 U.S.C. 605(b). imprisonment in a correctional facility enjoyment of future generations. List of Subjects in 28 CFR Part 2 or revocation of parole shall not be Although the nearly 300 million annual deemed to pose an imminent threat to visitors to the National Park System use Administrative practice and the life or physical safety of an a variety of access methods, the vast procedure, Probation and parole, individual. The Commission shall majority rely on motor vehicles and Prisoners. process as soon as practicable any roadways to reach park areas and to 40318 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules circulate within them. Consequently, motor vehicle in a park area, whose seat The NPS has determined that this the NPS has major responsibilities and is equipped with a seat belt or child rulemaking will not have a significant program involvement in the areas of restraint system, shall have the seat belt effect on the quality of the human road construction and maintenance, or child restraint system properly environment, health and safety because traffic safety and traffic law fastened at all times when the vehicle is it is not expected to: enforcement. in motion. Primary enforcement means (a) Increase public use to the extent of The NPS currently administers over that a motor vehicle may be stopped compromising the nature and character 8,000 miles of roads within the National when the operator or any occupant is of the area or causing physical damage Park System that are open to the public. not wearing their seatbelt. The proposed to it; These 8,000 miles compare in rule would not require another traffic (b) introduce incompatible uses magnitude to the State of Arizona’s state violation to occur before the vehicle which compromise the nature and road system, except that they are may be stopped. The seatbelt regulation characteristics of the area or cause scattered throughout the United States in this rulemaking is intended to apply physical damage to it; and its territories. There is great variety in all NPS areas. in the nature and extent of park roads, The President, the Department of the (c) conflict with adjacent ownership ranging from very short lengths of Interior and the NPS strongly support or land uses; or unpaved secondary roadways, to well- the use of appropriate restraint systems (d) cause a nuisance to adjacent developed road systems complete with by all motor vehicle occupants and view owners or occupants. spur roads, parking areas and overlooks, the potential reduction in personal Based on this determination, this to parkways running for hundreds of injuries and fatalities that might result rulemaking is categorically excluded miles through several States, to from the promulgation of this regulation from the procedural requirements of the parkways used primarily as commuter as highly desirable. The benefits of National Environmental Policy Act routes in the Washington, DC area. In wearing seatbelts have been (NEPA) by Departmental guidelines in addition, many park areas contain State documented extensively. 516 DM 6 (49 FR 21438). As such, and/or county highways and roads over neither an Environmental Assessment which the NPS may exercise varying Public Participation nor an Environmental Impact Statement degrees of jurisdiction. It is the policy of the Department of has been prepared. On December 13, 1989, the NPS the Interior, whenever practicable, to promulgated a final rule (36 CFR 4.15) afford the public an opportunity to List of Subjects in 36 CFR Part 4 concerning the use of safety belts (54 FR participate in the rulemaking process. 51199). That rule requires the operator Accordingly, interested persons may National parks, Traffic regulations. of a motor vehicle and each front seat submit written comments regarding this In consideration of the foregoing, 36 passenger to wear a safety belt at all proposed rule to the address noted at CFR Chapter I is proposed to be times when the vehicle is in motion, the beginning of this rulemaking. The amended as follows: unless (1) the vehicle was not originally NPS will review all comments and equipped by the manufacturer with a consider making changes to the rule PART 4ÐVEHICLES AND TRAFFIC safety belt or (2) the operator or front based upon analysis of the comments. SAFETY seat passenger has a medical condition that prevents the use of a safety belt. Drafting Information 1. The authority citation for Part 4 The regulation is applicable in park The primary author of this rule is continues to read as follows: areas located within States that do not Dennis Burnett, Ranger Activities Authority: 16 U.S.C. 1, 3, 9a, 462(k). have a mandatory seatbelt law in effect Division, National Park Service, and can be enforced only when another Washington, D.C. 20240. 2. Section 4.15 is revised to read as traffic violation had occurred. The follows: regulation is implemented primarily Paperwork Reduction Act § 4.15 Safety belts. through signing, text in brochures and This rulemaking does not contain incidental public contact. collections of information requiring (a) Each operator and passenger Executive Order 13043, signed by approval by the Office of Management occupying any seating position of a President Clinton on April 16, 1997 (62 and Budget under the Paperwork motor vehicle in a park area will have FR 19217, April 18, 1997), directed the Reduction Act of 1995. the safety belt or child restraint system NPS to propose rules and take other properly fastened at all times when the Compliance With Other Laws appropriate measures within their vehicle is in motion. The safety belt and existing programs to further the use of This rule was not subject to Office of child restraint system will conform to safety belts in the national parks. This Management and Budget review under applicable United States Department of includes, but is not limited to, Executive Order 12866. The Department Transportation standards. conducting education, awareness and of the Interior determined that this (b) This section does not apply to an other appropriate programs about the document will not have a significant occupant in a seat that was not importance of wearing safety belts and economic effect on a substantial number originally equipped by the manufacturer the consequences of not wearing them. of small entities under the Regulatory with a safety belt nor does it apply to In addition, the NPS is directed to Flexibility Act (5 U.S.C. 601 et. seq.). anyone with a medical condition that initiate rulemaking to consider The economic effects of this rulemaking prevents restraint by a safety belt or regulatory changes with respect to are negligible. other occupant restraining device. enhanced safety belt use requirements NPS has determined and certifies and standard (primary) enforcement of pursuant to the Unfunded Mandates Dated: July 1, 1997. such requirements in park areas and to Reform Act, 2 U.S.C. 1502 et seq., that Joseph E. Doddridge, widely publicize and actively enforce this rule will not impose a cost of $100 Acting Deputy Assistant Secretary for Fish such regulations. Under the proposed million or more in any given year on and Wildlife and Parks. rule, each operator and passenger local, State or tribal governments or [FR Doc. 97–19608 Filed 7–25–97; 8:45 am] occupying any seating position of a private entities. BILLING CODE 4310±70±P Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40319
FEDERAL COMMUNICATIONS Species Act of 1973, as amended (Act), (egg-bearing) females have been COMMISSION for the Illinois cave amphipod, observed in summer and fall. Gammarus acherondytes, Historically, This species is best differentiated 47 CFR Chapter I the amphipod was known from six cave from other amphipods in the field, [CC Docket No. 97±146, FCC 97±219] streams in Monroe and St. Clair especially from G. fasciatus, which it counties, Illinois. Recent surveys have resembles, by its color, small degenerate Complete Detariffing for Competitive found the species at only three of the eyes, and a much longer first antenna. Access Providers and Competitive original six sites. This species is It is usually associated with the larger Local Exchange Carriers; Correction believed to be threatened primarily by G. troglophilus (Hubricht and Mackin groundwater pollution which is likely 1940) but is much less common AGENCY: Federal Communications due to the application of pesticides in (Holsinger 1972). Commission. cave stream recharge areas (the area of This species is a troglobitic (cave ACTION: Proposed rule; correction. land surface from which water drains dependent) species inhabiting the dark into a particular cave stream). A zone of cave streams. As a group, SUMMARY: The Federal Communications possible secondary threat is amphipods require cold water and are Commission published in the Federal contamination of subsurface water by intolerant of wide ranges in Register of July 17, 1997, a document human and animal wastes from sewage temperature. They are strongly sensitive concerning a Notice of Proposed and septic systems and livestock to touch and react negatively to light. Rulemaking (NPRM) for complete feedlots. High levels of dissolved oxygen appears detariffing for all non-ILEC providers of to be an environmental necessity. They interstate exchange access services. DATES: Comments from all interested are omnivorous scavengers, feeding on Inadvertently no due date for Reply parties must be received by September dead animal and plant matter or the thin Comments or OMB Comments was 26, 1997. Public hearing requests must bacterial film covering most submerged provided. This document provides those be received by September 11, 1997. surfaces throughout their aquatic dates. ADDRESSES: Comments and materials habitat. FOR FURTHER INFORMATION CONTACT: concerning this proposal should be sent The Illinois cave amphipod is William Bailey, (202) 418–1520. to the U.S. Fish and Wildlife Service, endemic to the Illinois Sinkhole Plain of Ecological Services Field Office, 4469 Monroe and St. Clair counties and was SUPPLEMENTARY INFORMATION: 48th Avenue Court, Rock Island, historically known from six cave Correction Illinois. Comments and materials systems, which are all within a 16 In the Federal Register issue of July received will be available for public kilometer (10 mile) radius of Waterloo, 17, 1997, in FR Doc. 97–18882, on page inspection by appointment, during Illinois. The main entrances to two of the caves, Illinois Caverns and 38244, in the first column, correct the normal business hours at the above Fogelpole Cave, are in public ownership DATES caption to read: address. FOR FURTHER INFORMATION CONTACT: and the other four are privately owned. DATES: Comments are due on or before The cave streams from which this August 18, 1997. Reply comments are Richard C. Nelson, Field Supervisor, Illinois Field Office (see ADDRESSES species is historically known are each due on or before September 17, 1997. fed by a separate and distinct watershed Written comments submitted by the section) (telephone 309/793–5800; facsimile 309/793–5804). or recharge area, and there are no Office of Management and Budget known interconnections between them, (OMB) on the proposed modifications to SUPPLEMENTARY INFORMATION: with the possible exception of two caves information collections are due on or Background that may become hydrologically before September 26, 1997. connected during extremely high Dated: July 22, 1997. The Illinois cave amphipod was rainfall over short periods of time Federal Communications Commission. described by Hubricht and Mackin (Samuel V. Panno, Illinois Natural (1940). Type specimens were collected William F. Caton, History Survey, Champaign, IL, in litt., by Leslie Hubricht in 1938 from Acting Secretary. 1996). Thus, it is believed that there is Morrison’s Cave (now Illinois Caverns), virtually no opportunity for this species [FR Doc. 97–19775 Filed 7–25–97; 8:45 am] near Burksville, Illinois. to become distributed to other cave BILLING CODE 6712±01±P Sexually mature males are up to 20.0 systems via natural pathways. millimeters (mm) (0.8 inch (in.)) long; There are few data on which to base sexually mature females are 12.0 to 16.0 population, productivity or trend DEPARTMENT OF THE INTERIOR mm (0.5 to 0.6 in.) long. Their color in estimates for this species. Sampling for light is light gray-blue and their eyes are cave fauna is difficult at best and is Fish and Wildlife Service reniform, small and degenerate with the compounded by the relatively small size 50 CFR Part 17 pigment drawn away from the facets in of this species. Survey data do not, and an irregular black mass. Their first probably cannot, show a decline in RIN 1018±AE31 antenna is long and slender, more than numbers of this small subterranean one-half the length of the body. The invertebrate, but they do demonstrate a Endangered and Threatened Wildlife primary flagellum has up to forty decline in its range and number of and Plants; Proposed Rule to List the segments and the secondary flagellum extant populations. Since Hubricht’s Illinois Cave Amphipod as Endangered has up to six segments. The second initial 1940 collections of unknown AGENCY: Fish and Wildlife Service, antenna is about three-fourths as long as numbers from two caves, other Interior. the first antenna. The flagellum of the collections have been made in 1965 (at ACTION: Proposed rule. second antenna has up to 18 segments least 19 specimens taken from the two and lacks sensory organs in either sex. 1940 caves, plus a third cave), 1972 SUMMARY: The U.S. Fish and Wildlife Hubricht and Mackin (1940), reported (unknown numbers taken from two Service (Service) proposes endangered that its clutch size is up to 21 eggs and additional caves), 1974 (six specimens status pursuant to the Endangered Holsinger (1972) reported that ovigerous taken from one of the 1940 caves), 1986 40320 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
(two specimens taken from one of the Summary of Factors Affecting the alachlor were detected in 83 percent of 1940 caves and from a new, sixth cave), Species groundwater samples taken from springs 1992 (20 specimens taken from one of Section 4 of the Act and regulations in the study area, often exceeding the the 1940 caves), and 1993 (11 specimens (50 CFR part 424) promulgated to U.S. EPA Maximum Contaminant Levels taken from two 1940 caves) (Webb implement the listing provisions of the of 2.0 parts per billion (ppb) and 3.0 1995). Act set forth the procedures for adding ppb, respectively, during and following spring rainfalls. They reported The most recent and extensive species to the Federal lists. A species determined to be an endangered or maximum atrazine levels in spring sampling effort was in 1995 in which samples as high as 98 ppb with the threatened species may be endangered the Illinois Natural History Survey maximum level in Illinois Caverns being or threatened due to one or more of the (INHS) investigated 25 caves in the 1.38 ppb (Panno, et al. 1996). Macek et five factors described in Section 4(a)(1). Illinois Sinkhole Plain and confirmed al. (1976) observed acute toxicity to the These factors and their application to the presence of the species in only three amphipod Gammarus fasciatus from a the Illinois cave amphipod are as of the original six cave systems, all in 48 hour exposure to the herbicide follows: Monroe County (Webb et al. 1993; Webb atrazine at 2.4 parts per million (ppm) 1995). In 1995, 56 specimens were taken A. The Present or Threatened (LC50 = 5.7 ppm). In addition, they from Illinois Caverns, 19 specimens Destruction, Modification, or reported reproductive effects and from Fogelpole Cave and two specimens Curtailment of Its Habitat or Range impaired survival of offspring from from a third, privately owned cave. The degradation of habitat through concentrations as low as 0.14 ppm of Although the number of specimens the contamination of groundwater is atrazine during chronic tests lasting 30– taken in 1995 is greater than the number believed to be the primary threat to the 119 days (Macek et al. 1976). The most commonly used insecticides taken at any other time, this is likely Illinois cave amphipod. Karst terrain, in the region include carbaryl, due to a much more concentrated effort where this amphipod is found, is a land carbofuran, chlorpyrifos, malathion, to search for this species rather than to formation typified by sinkholes and permethrin, methyl parathion, and an increase in the species’ population. fissures that provide direct and rapid phosmet. Mayer and Ellersieck (1985) The species has probably been conduits for water-borne material from reported that Gammaridae were most extirpated from the two privately owned the surface to the groundwater, thereby sensitive to the five insecticides caves where no specimens have been avoiding the filtering and cleansing carbaryl, DDT (dichloro-diphenyl- collected since 1965 or 1986. Its status mechanisms normally provided by trichloroethane), endrin, malathion, and in a sixth, privately owned cave is overlying soils. Recharge to the water methoxychlor and postulate that pulses currently unknown, because the cave table in karst terrain often is nearly of pesticides characteristic of karst entrance has been closed by the instantaneous, and flood pulses springs could have major impacts on landowner, and the cave has not been following a rainstorm may cause levels biota such as amphipods. Webb et al. re-surveyed since 1965. It is possible, of contaminants to become transiently (1993) analyzed amphipod and isopod but unlikely, that there are populations higher (Libra et al. 1986), up to 10,000 tissue samples from numerous caves, in other caves in the Illinois Sinkhole times higher than before the event including the three caves known to Plain; however, INHS personnel made a (Quinlan and Alexander 1987). contain the amphipod, for pesticides There are several possible particular effort to collect in all small and PCB’s (polychlorinated biphenyls). mechanisms by which cave streams may side rivulets and drip pools in the 25 DDE (dichlorodiphenyl- be degraded, three of which are—(1) dichloroethylene) and DDD (1,1- caves. The INHS study manager does The seasonal application of pesticides not believe the species is abundant in dichloro,-2,2-bis(p-chloro-phenyl) and fertilizers, evidence of which has ethane) (breakdown products of DDT) any cave (Donald Webb, INHS, in litt. been found in spring and well water 1996). were detected in isopods from Fogelpole samples in Monroe County (Panno et al. Cave reflecting the historical use of the Previous Federal Action 1996); (2) bacterial contamination from insecticide DDT in the drainage basin. human and animal wastes, which finds In addition, dieldrin, the persistent On May 22, 1984, (49 FR 21664) the its way to subsurface water via septic breakdown product of the insecticide Service published a notice of review systems, the direct discharge of sewage aldrin, was detected in invertebrate which included the Illinois cave waste into sinkholes, or from livestock samples from Fogelpole Cave. Both DDT amphipod as a category 2 candidate feedlots (Panno et al. 1996); and (3) the and aldrin have been banned from use species. The species was again included accidental or intentional dumping of a in the United States since 1973 and as a category 2 species in the notice of toxic substance into a sinkhole. 1974, respectively. These data review published on January 6, 1989 (54 The most commonly used herbicides demonstrate some of the long term FR 554). On November 21, 1991, (56 FR (and their proprietary names) in Monroe detrimental effects that agricultural 58804) the Service published a notice of County are atrazine, alachlor (Lasso), chemicals can have on cave ecosystems. review in which the species was cyanazine (Bladex), metolachlor (Dual), Interestingly, neither DDD, DDE, nor elevated to category 1. The species was glyphosate (Roundup), 2,4–D, dieldrin were detected in water samples imazaquin (Scepter), imazethapyr again included as a category 1 species from Fogelpole Cave, supporting the (Pursuit), and pendimethalin (Prowl) in a notice of review published on premise that cave invertebrates (Omar Koester, University of Illinois November 15, 1995 (59 FR 58982). On accumulate and concentrate these toxins Extension Service, in litt. 1996). The even though they do not exist at February 28, 1996, (61 FR 7596) the Illinois State Geological Survey (ISGS) detectable levels in the cave water, thus Service published a notice of review analyzed water samples from nine serving as indicators of past and present which eliminated the candidate springs, one cave stream, and 33 wells contamination. category designations of previous in Monroe County for bacteria and Webb et al. (1993) also found notices and included the amphipod as pesticides to determine if contamination detectable quantities of bromide, a candidate species with a listing is occurring (Panno, et al. 1996). The fluoride, sulfate, and nitrate in Illinois priority of 2. agricultural herbicides atrazine and/or Caverns and Fogelpole Cave. In Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40321 addition, they found detectable dependent isopods and flatworms is collectors may seek the species once it concentrations of calcium, sodium, stimulated. At still lower impact levels, becomes listed. magnesium, iron, manganese, silicon, the reproduction of larger cave- Human utilization of cave and barium in water samples from dependent species, like crayfish, may environments is a potential threat to this Fogelpole Cave, and these plus also be stimulated. species. The accidental or intentional aluminum, potassium, and phosphorus The effects of bacterial contamination introduction of materials toxic to this in Illinois Caverns (Webb et al. 1993). In on the Illinois cave amphipod are species, unauthorized collecting, direct amphipod tissue samples from unknown. However, bacterial injury or mortality, and habitat Fogelpole Cave, they reported detectable contamination is evidence of water disturbance are potential hazards during concentrations of aluminum, boron, quality deterioration and could pose a visits to caves. None of the caves barium, calcium, chromium, copper, threat to the species. Monroe County is occupied by the amphipod have iron, potassium, magnesium, within commuting distance of the St. improved pedestrian walkways, and manganese, sodium, phosphorus, and Louis, Missouri, metropolitan area and visitors must pass through the cave zinc (Webb et al. 1993). The six highest is rapidly undergoing residential streams to access deeper passages. Such ranked metals detected in amphipod development (Poulson 1991). In fact, the activities can physically disturb cave samples were also the six highest increase in bacterial contamination of stream habitat, but the subsequent ranked metals detected in water well water in the county coincided with impact on the amphipod is unknown. samples, indicating an apparent the onset of accelerated development Cave ecosystems are considered to be relationship between the relative about 1987 (Poulson 1991). It is likely delicate and are easily damaged. concentrations of these metals in both that the increase in bacterial The State of Illinois owns the main water and tissue. The acute and chronic contamination was the result of the entrances to Illinois Caverns and effects of these ions on the Illinois cave installation of private septic systems in Fogelpole Cave and manages them as amphipod are currently unknown but areas with soils of limited waste satellites of the Kaskaskia River State their presence in amphipod tissues and assimilation capacity, inadequate soil Fish and Wildlife Area. The State allows the water samples provides evidence of thickness, and systems that discharge a maximum of 25 individuals at a time potential harm. septic effluent directly into sinkholes to enter Illinois Caverns, unsupervised, In addition to chemical (Joan Bade, Monroe-Randolph Bi- provided they obtain a permit and agree contamination, Panno et al. (1996) County Health Department, Waterloo, to conditions that prohibit littering or report that all springs and cave streams IL., pers. comm. 1996). removal of biological materials. The they sampled, as well as 29 of 33 wells, The toxicity of contaminants to cave- Caverns are staffed during business contained concentrations of coliform, dwelling species may be quite different hours by an on-site attendant. fecal coliform, enterococcus, and than the response of their surface- The main entrance to Fogelpole Cave, numerous other bacterial species that dwelling relatives, making the results of a dedicated Nature Preserve, is gated. exceeded drinking water standards. The chemical analysis difficult to interpret. The State does not allow any visitation bacterial species present strongly Due to their adaptations to a narrow of this cave except by permit for suggest contamination from both human range of environmental conditions, scientific purposes only. Three privately and livestock sources. Prior to 1988, obligate cave species may be owned entrances to the third cave private and aeration-type septic systems hypersensitive to chemical changes in containing the amphipod have also been were allowed to discharge directly into ways that are not detectable by standard dedicated as Illinois Nature Preserves. sinkholes and most of those systems are toxicity tests (Poulson 1991). Such dedication implements landowner still in existence (Panno et al. 1996). Contaminants known to be toxic to agreements to preserve and maintain Although the practice was prohibited in amphipods and other crustaceans have existing conditions at these sites. 1987, exceptions are still granted in the been shown to be present and increasing study area (Panno et al. 1996). in cave streams in the local area. While C. Disease or Predation In his studies, Poulson (1991) direct mortality cannot be conclusively The importance of these factors is concluded that bacterial pollution from attributed to such agricultural chemicals presently unknown. human and livestock wastes has varying as atrazine, carbaryl, DDT, or malathion, degrees of impact on cave biota. At high or to bacterial contamination, the D. The Inadequacy of Existing levels of contamination, a high presence of such contaminants in the Regulatory Mechanisms biochemical oxygen demand (BOD) kills amphipod’s environment constitutes This species has no protection under all macroscopic organisms and leaves strong circumstantial evidence that the Federal law. The Federal Cave only strands of colonial sewage bacteria deterioration of water quality is the Resources Protection Act of 1988 (16 and associated protozoa. If the BOD is primary cause of the decrease in its U.S.C. 4301–4309; 102 Stat. 4546) seeks high but does not completely remove range and number of extant populations. to secure, protect, and preserve oxygen, then tubificid sewage worms significant caves on Federal lands for become part of the faunal community. If B. Overutilization for Commercial, the perpetual use, enjoyment, and the amount of wastes is not too great, as Recreational, Scientific, or Educational benefit of all people. However, at this with the diffuse input from septic fields, Purposes time, the Cave Resources Protection Act the sewage fauna is only minimally Overexploitation or scientific provides no protection to any caves developed, but the increased organic collecting are not believed to be factors containing, or potentially containing, food supply favors survival and affecting the species’ continued Illinois cave amphipods, because none reproduction of shorter-lived non-cave- existence at this time, but the Federal of the caves are on or under Federal dependent macrofauna which may listing will prohibit unauthorized land or are located in the immediate replace cave-dependent species. If the collection of individuals of the species. vicinity of Federal ownership. input of waste decreases later, Exact numbers are unknown, but at a Therefore, these caves are ineligible for chironomid midges and other non-cave- minimum only 139 specimens have Federal protection under the Cave dependent species survive but can no been collected from 6 caves over a 55- Resources Protection Act. longer reproduce, while the year period. Protection from collection The Illinois cave amphipod is listed reproduction of short-lived cave- may become important, because as an endangered species under the 40322 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
Illinois Endangered Species Protection are printed on pesticide container accordance with the Act, on which are Act. As such, it is protected from direct labels. While pesticide applicators may found those physical or biological taking (i.e., injury or mortality) be applying chemicals fully in features (I) essential to the conservation regardless of whether it is on public or compliance with the restrictions, of the species and (II) that may require private land. However, ‘‘take’’ under adverse impacts to the species may still special management considerations or State law does not include indirect result. protection and; (ii) specific areas harm through such mechanisms as Current State and local regulations are outside the geographical area occupied habitat alteration. As long as inadequate for protecting water quality by a species at the time it is listed, upon landowners are otherwise in compliance in a sensitive geological formation like a determination that such areas are with the law, Illinois law is unable to karst. St. Clair and Monroe counties are essential for the conservation of the provide habitat protection for this rapidly developing as residential species. ‘‘Conservation’’ means the use species resulting from private actions. communities for the St. Louis, Missouri, of all methods and procedures needed State law requires consideration of Metropolitan Area with most home sites to bring the species to the point at this species during the planning being served by individual wells and which listing under the Act is no longer processes of State agencies and local septic systems. Septic systems may not necessary. units of government which must consult perform as designed and, in some cases, Section 4(a)(3) of the Act and with the Illinois Department of Natural septic effluent is allowed to drain implementing regulations (50 CFR Resources (DNR) on the impacts of their directly into sinkholes. Studies have 424.12) require that, to the maximum proposed actions. The DNR will provide shown that there is no general housing extent prudent and determinable, the recommendations on how the impacts density in karst terrain that assures that Secretary designate critical habitat at the to the species can be avoided or groundwater quality will be protected time the species is determined to be minimized. The unit of government may when septic systems are used (Aley and endangered or threatened. The Service accept or reject any or all Thompson 1984). The more houses finds that designation of critical habitat recommendations (Illinois there are in a spring or cave stream is not prudent for the Illinois cave Administrative Code). recharge area, the greater the chance amphipod at this time. Service As mentioned in section B above, that some of them will introduce regulations (50 CFR 424.12(a)(1)) state several of the entrances to caves contaminants into the groundwater that designation of critical habitat is not containing the species are dedicated as system, and the greater the chance that prudent when one or both of the Illinois Nature Preserves, which is the one or more of the septic field systems following situations exist—(1) The strongest land protection mechanism in will constitute a major source of species is threatened by taking or other Illinois. Such dedication restricts future groundwater contamination (Aley and human activity, and identification of uses of the land, in perpetuity, for the Thompson 1984). critical habitat can be expected to purpose of preserving the site in its increase the degree of threat to the natural state. The removal of biota from E. Other Natural or Manmade Factors species, or (2) such designation of the site is prohibited except by permit Affecting Its Continued Existence critical habitat would not be beneficial and for scientific purposes only. As a group, aquatic amphipods have to the species. Allowable uses of the site are limited to adapted to the extremes of natural The Service believes critical habitat is nonconsumptive, nondestructive events such as spring floods or high not prudent for the Illinois cave activities only. The landowner may discharge following a rainstorm and, no amphipod because both of the situations decide whether to allow public access to doubt, some individuals are washed out described above are believed to exist. the site and management is of the cave environment during such The nature of karst terrain means that accomplished in accordance with a events. However, because of the low surface features such as sinkholes, master management plan prepared numbers of the Illinois cave amphipod fissures, and disappearing streams jointly by the Illinois Nature Preserve and a highly restricted range, even the provide a direct connection to the cave Commission and the landowner. loss of a few individuals may be streams inhabited by the amphipod. Dedicated properties cannot be significant to the species’ survival. The Publishing a critical habitat map would subdivided and the dedication species being extant in only three cave delineate the recharge areas of the three instrument is attached to the deed and systems within a relatively small caves. The Service believes such a map recorded. geographic area, it is conceivable that a would make it easy to locate the Ownership or protection of cave heavy spring snowmelt or rainstorm sinkhole accesses to the cave streams entrances does not necessarily ensure could cause a flushing of all three and could promote vandalism in the protection of the caves’ environment, systems at one time. As a consequence, form of intentional introduction of toxic particularly water quality. Water quality there may not be enough individuals chemicals into the underground system. is largely a function of land use in cave remaining in the caves for the species to Listing the Illinois cave amphipod as an stream recharge areas, and the vast reproduce and survive. endangered species publicizes the majority of the watersheds of all caves The Service has carefully assessed the present vulnerability of this species, containing the amphipod is in private best scientific and commercial and, thus can be reasonably expected to ownership and land use is primarily information available regarding the past, increase the threat of vandalism or agriculture. Recharge areas may be present and future threats faced by this intentional destruction of the species several square miles in size, and runoff species in determining to propose this habitat. In light of the great vulnerability and seepage from thousands of acres of rule. Based on this evaluation, the of this species to vandalism or the agricultural land may be funneled into preferred action is to list the Illinois intentional destruction of its habitat, one cave system, thus increasing the cave amphipod as endangered. publication of maps providing its magnitude of any toxic hazard posed by precise locations within increasing the use of agricultural chemicals. The Critical Habitat developing areas and descriptions of application of pesticides is regulated by Critical habitat is defined in section 3 critical habitat, as required for the the U.S. Environmental Protection of the Act as: (i) The specific areas designation of critical habitat, would Agency (EPA) and maximum allowable within the geographical area occupied reasonably be expected to increase the application levels and use restrictions by a species, at the time it is listed in degree of threats to the species, increase Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40323 the difficulties of enforcement, and existence of a proposed species or result species range that is likely to result in further contribute to the decline of the in destruction or adverse modification the deterioration of cave water quality Illinois cave amphipod. of proposed critical habitat. If a species and harm to the species. Use of such In addition, designation of critical is listed subsequently, Section 7(a)(2) chemicals in violation of label habitat would not provide significant requires Federal agencies to ensure that directions, or any use following Service benefits to the species or its habitat over activities they authorize, fund, or carry notification that such use, application or and above those benefits which are out are not likely to jeopardize the discharge is likely to harm the species, already available through a section 7 continued existence of such a species or would be evidence of unauthorized use, jeopardy finding made during to destroy or adversely modify its application or discharge. A buffer zone consultation with other Federal critical habitat. If a Federal action may identifying the area of greatest concern agencies. Consultation is likely to occur affect a listed species or its critical within the caves recharge area will be with the U.S. Department of habitat, the responsible Federal agency identified by the Service to indicate Agriculture’s Natural Resource must enter into formal consultation with areas of special sensitivity for the Conservation Service (NRCS) and with the Service. Illinois cave amphipod. the EPA for programs administered by Federal agency actions that may (2) Discharging of agrichemicals or those agencies. For a species such as require conference and/or consultation other pollutants including debris, this, extant in only three small, discrete as described in the preceding paragraph garbage, trash, septic effluent or any populations, any significant adverse include activities by the NRCS such as other foreign material into sinkholes or impact to its habitat would likely the Conservation Reserve Program, the fissures in the recharge areas of the jeopardize the species’ continued Environmental Quality Incentive species range. existence. Therefore, for this species the Program, and the Highly Erodible Land (3) Unauthorized construction, threshold for a jeopardy determination and Wetland Conservation provisions of installation of new private septic is indistinguishable from the threshold the Food Security Act of 1985. These systems or any identified improper use, for determining adverse modification of activities will generally benefit the maintenance or servicing of existing critical habitat. species through the protection of private septic systems in the recharge Critical habitat designation has no groundwater quality. In addition, areas of the species’ range, if such legal effect on private actions that do conference and/or consultation may be unauthorized construction, installation not require consultation by a Federal required with the EPA on the use of or identified use, maintenance or agency under section 7 of the Act. pesticides in the watersheds of the servicing is likely to result in the Therefore, because there are no species range. contamination or degradation of cave significant benefits that will accrue from The Act and implementing stream water quality and harm to the critical habitat designation, and because regulations set forth a series of general species. Illegal or improper such a designation would present prohibitions and exceptions that apply construction, installation of new significant additional risks to the to all endangered wildlife. The species, the Service determines that prohibitions codified at 50 CFR 17.21, systems or any improper use, designation of critical habitat would not in part make it illegal for any person maintenance or servicing of existing benefit the Illinois cave amphipod. subject to the jurisdiction of the United systems, following Service notification States to take (including harass, harm, that such activities and the location of Available Conservation Measures pursue, hunt, shoot, wound, kill, trap, such activities within the caves recharge Conservation measures provided to or collect; or to attempt any of these), area are likely to harm the species and species listed as endangered or import or export, ship in interstate the expiration of a reasonable time to threatened under the Act include commerce in the course of commercial correct or mitigate against such system recognition, recovery actions, activity, or sell or offer for sale in deficiencies, would be evidence of requirements for Federal protection, and interstate or foreign commerce, any unauthorized construction, installation prohibitions against certain practices. listed species. It also is illegal to or improper use, maintenance or Recognition through listing encourages possess, sell, deliver, carry, transport, or servicing. and results in conservation actions by ship any such wildlife that has been (4) Impoundment, water diversion, Federal, state, and private agencies, taken illegally. Certain exceptions apply draining, ditching or discharging of fill groups, and individuals. The Act to agents of the Service and State material in wetlands, sinkhole lakes and provides for possible land acquisition conservation agencies. ponds, sinkholes, fissures, and and cooperation with the states and It is the policy of the Service (59 FR reduction or loss of streams within requires that recovery actions be carried 34272; July 1, 1994) to identify to the recharge areas of the species range if out for all listed species. The protection maximum extent practicable at the time such activities adversely affect the required of Federal agencies and the a species is listed those activities that supply and quality of water in the cave prohibitions against taking and harm are would or would not constitute a streams wherein the species is found. discussed, in part, below. violation of section 9 of the Act. The (5) Unauthorized visitation or use of Section 7(a) of the Act requires intent of this policy is to increase public Illinois Caverns and other caves Federal agencies to evaluate their awareness of the effect of the listing on identified as containing this species if actions with respect to any species that proposed and ongoing activities within such visitation or use is identified as is proposed or listed as endangered or a species’ range. Activities that the likely to cause impacts to stream habitat threatened and with respect to its Service believes could potentially harm and result in harm to the species. critical habitat, if any is being or kill the Illinois cave amphipod and Visitation or use of Illinois Caverns and designated. Regulations implementing result in take include, but are not other caves containing the species, this interagency cooperation provision limited to: following Service notification that such of the Act are codified at 50 CFR part (1) Unauthorized use, application or visitation or use is likely to harm the 402. Section 7(a)(4) of the Act requires discharge of agrichemicals, or other species, would be evidence of Federal agencies to confer informally pollutants, particularly insecticides, unauthorized visitation or use. with the Service on any action that is onto plants, soil, ground, water or other The Service believes, based on the likely to jeopardize the continued surfaces within the recharge areas of the best available information, that the 40324 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules following actions will not result in a National Environmental Policy Act Poulson, T.L. 1991. Assessing groundwater violation of section 9: quality in caves using indices of (1) Use of fertilizers and pesticides on The Fish and Wildlife Service has biological integrity. Pages 495–511. In: residential (non-agricultural) properties determined that an Environmental Proceedings of the Third Conference on Hydrology, Ecology, Monitoring and within the recharge areas of the species Assessment, as defined under the authority of the national Environmental Management of Groundwater in Karst range. Terrains. December, 1991. Nashville, TN. Policy Act of 1969, need not be (2) Construction and use of properly Quinlan, J.F. and E.C. Alexander. 1987. How constructed and well functioning sewer prepared in connection with regulations often should samples be taken at relevant systems within the species range. adopted pursuant to Section 4(a) of the locations for reliable monitoring of (3) Visitation of Fogelpole Cave by Act. A notice outlining the Service’s pollutants from an agricultural, waste permitted individuals. reasons for this determination was disposal, or spill site in a karst terrain? Permits may be issued to carry out published in the Federal Register on A first approximation. Pages 277–286. In: October 25, 1983 (48 FR 49244). B.F. Beck and W.L. Wilson (eds.) Karst otherwise prohibited activities Hydro-geology: Engineering and involving endangered wildlife under Required Determinations Environmental Applications. certain circumstances. Regulations Proceedings of the Second governing permits are at 50 CFR 17.22, The Service has examined this Multidisciplinary Conference on 17.23, and 17.32. For endangered regulation under the Paperwork Sinkholes and the Environmental species such permits are available for Reduction Act of 1995 and found it to Impacts of Karst, Orlando, FL. 429 pp. scientific purposes, to enhance the contain no information collection Webb, D.W., S.J. Taylor, and J.K. Krejca. propagation or survival of the species, requirements. 1993. The biological resources of Illinois and/or for incidental take in connection caves and other subterranean References Cited environments. Technical Report 1993(8), with otherwise lawful activities. Center for Biodiversity, Illinois Natural Public Comments Solicited Aley, Thomas and K.C. Thomson. 1984. History Survey, Champaign, IL. Septic fields and the protection of Webb, D.W. 1995. Status report on the cave The Service intends that any final groundwater quality in Greene County, amphipod Gammarus acherondytes action resulting from this proposal will Missouri. Ozark Underground Hubricht and Mackin (Crustacea: be as accurate and as effective as Laboratory. Springfield, MO. Pages 31– Amphipoda) in Illinois. Technical possible. Therefore, comments or 46. Report 1995 (22). Illinois Natural History suggestions from the public, other Holsinger, John R. 1972. The freshwater Survey Center for Biodiversity, amphipod crustaceans (Gammaridae) of Champaign, IL. 22 pp. concerned governmental agencies, the North America. In: U.S. Envir. Protect. scientific community, industry, or any Agency Identification Manual No. 5., Author: The primary author of this other interested party concerning this pages 17–27. Washington, D.C. proposed rule is Gerald Bade, U.S. Fish proposed rule are hereby solicited. Hubricht, Leslie and J.G. Mackin. 1940. and Wildlife Service, 4469 48th Avenue Comments particularly sought Descriptions of nine new species of Court, Rock Island, Illinois 61201. concerning: fresh-water amphipod crustaceans with (1) Biological, commercial trade, or notes and new localities for other List of Subjects in 50 CFR Part 17 other relevant data concerning any species. In: The Am. Midl. Nat. 23:192– 193, and Fig. 2. threat (or lack thereof) to this species; Endangered and threatened species, Illinois Administrative Code, part 17, Section (2) The location of any additional Exports, Imports, Reporting and 1075. recordkeeping requirements, and populations of this species and the Libra, R.D., G.R. Hallberg, B.E. Hoyer, and reasons why any habitat should or L.G. Johnson. 1986. Agricultural impacts Transportation. should not be determined to be critical on ground water quality: The Big Spring Proposed Regulation Promulgation habitat as provided by Section 4 of the basin study, Iowa—agricultural impacts Act; on ground water (Omaha, NE). Pages Accordingly the Service hereby (3) Additional information concerning 253–273. In: Proceedings, National Water proposes to amend part 17, subchapter Well Association, Dublin, OH. the range, distribution, and population B of chapter I, title 50 of the Code of size of this species; Macek, K.J., K.S. Buxton, S. Sauter, S. Gnilka, and J.W. Dean. 1976. Chronic toxicity of Federal Regulation, as set forth below: (4) Current or planned activities in the atrazine to selected aquatic invertebrates subject area and their possible impacts and fishes. EPA–600/3–76–047. PART 17Ð[AMENDED] on this species. Environmental Research Laboratory— Final promulgation of the Duluth, U.S. Envir. Protect. Agency, 1. The authority citation for Part 17 regulation(s) on this species will take Duluth, MN. As reported in: Pesticide continues to read as follows: into consideration the comments and background statements, Volume 1 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. any additional information received by Herbicides. U.S. Forest Service. 1984. Agriculture Handbook #633. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– the Service, and such communications Washington, D.C. 625, 100 Stat. 3500; unless otherwise noted. may lead to a final regulation that Mayer, Foster L. Jr. and M.R. Ellersieck. 1986. differs from this proposal. Manual of acute toxicity: interpretation 2. Section 17.11(h) is amended by The Act provides for a public hearing and data base for 410 chemicals and 66 adding the following, in alphabetical on this proposal, if requested. Requests species of freshwater animals. U.S. Dept. order under Crustaceans to the list of of the Int., Fish and Wildlife Service. must be received within 45 days of the Endangered and Threatened Wildlife: date of publication of the proposal in Washington, D.C. 506 pp. the Federal Register. Such requests Panno, S.V., I.G. Krapac, C.P. Weibel, and § 17.11 Endangered and threatened J.D. Bade. 1996. Groundwater must be made in writing and addressed wildlife. contamination in karst terrain of to Field Supervisor, U.S. Fish and southwestern Illinois. Illinois State * * * * * Wildlife Service, Ecological Services Geological Survey Environmental (h) * * * Field Office, 4469 48th Avenue Court, Geology Series Report 151. Champaign, Rock Island, Illinois. IL. 43 pp. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40325
Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened
******* CRUSTACEANS
******* Amphipod, Illinois cave Gammarus U.S.A. (IL) ...... NA E ...... NA NA acherondytes.
*******
Dated: July 10, 1997. appointment, during normal business Wiggins (1940) described Sidalcea John G. Rogers, hours at the above address. keckii from specimens collected in 1935 Acting Director, Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Ken and 1938 near White River, Tulare [FR Doc. 97–19763 Filed 7–25–97; 8:45 am] Fuller, Sacramento Field Office (see County. Sidalcea keckii was known BILLING CODE 4310±55±P ADDRESSES section), (telephone 916/ historically from three populations 979–2120; facsimile 916/ 979–2128). occurring between 120 to 425 meters (m) (400 to 1,400 feet (ft)) in elevation, DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: but it has not been seen at two of these Background sites for about 57 years. It was Fish and Wildlife Service considered to be extinct until 1992, The San Joaquin Valley of California when the third, and only extant, 50 CFR Part 17 is a large, north-south oriented, alluvial population of S. keckii was discovered valley that is mostly farmed or RIN 1018±AE30 by consultants conducting a site urbanized. The San Joaquin Valley, from inventory as part of the environmental Endangered and Threatened Wildlife Stockton in the north to Bakersfield in compliance prior to construction of a and Plants; Proposed Endangered the south, is approximately 700 subdivision (Woodward and Clyde, Status for the Plant Sidalcea Keckii kilometers (km) (320 miles (mi)) long Biological Consultants, 1992). The (Keck's Checker-Mallow) From Tulare and 300 km (135 mi) wide. Tulare population of S. keckii occurs on 20 to County, California County, one of ten counties in the San 40 percent slopes of red or white- Joaquin Valley, is located toward the colored clay in sparsely-vegetated AGENCY: Fish and Wildlife Service, southern end of the valley. A single annual grasslands. The clays are thought Interior. population of Sidalcea keckii occurs to be derived from serpentine ACTION: Proposed rule. toward the southern end of the valley, (magnesian or ultramafic) soils. The in south-central Tulare County. population covers an area measuring 30 SUMMARY: The Fish and Wildlife Service Sidalcea keckii is a slender, hairy, m by 100 m (100 ft by 320 ft) and had (Service) proposes to list Sidalcea keckii erect annual herb belonging to the (Keck’s checker-mallow) as endangered a total of only 60 plants in 1992. It mallow family (Malvaceae). The species occurs on a privately-owned parcel of pursuant to the Endangered Species Act grows 1.5 to 3.5 decimeters (dm)(6 to 13 of 1973, as amended (Act). Sidalcea land comprising an area of 280 hectare inches(in.)) tall. The lower leaf blades (ha) (700 acre (ac)) that is currently keckii is known only from a single have 7 to 9 shallow lobes. The upper population in the annual grasslands of grazed by livestock. S. keckii is leaves have a tapered base with 2 to 5 threatened by urban development, Tulare County, California. Sidalcea notches in the upper lobes. A few deep keckii is threatened by urban agricultural land conversion, and pink flowers, 10 to 20 millimeters (mm) naturally occurring events. development, agricultural land (0.4 to 0.8 in.) wide, appear in April conversion, and naturally occurring through May. Seeds are smooth and Previous Federal Action events. This proposal, if made final, pink-tinted. Sidalcea keckii closely Federal government actions on the would implement the Federal protection resembles four other annual species of plant began as a result of section 12 of and recovery provisions afforded by the Sidalcea—S. calycosa, S. diploscyha, S. the original Endangered Species Act of Act for the plant. hartwegii, and S. hirsuta. Sidalcea 1973, (Act) as amended (16 U.S.C. 1531 DATES: Comments from all interested calycosa and S. diploscyha have ranges et seq.), which directed the Secretary of parties must be received by, September that overlap with S. keckii. Sidalcea the Smithsonian Institution to prepare a 26, 1997. Public hearing requests must keckii can be variously separated from report on those plants considered to be be received by September 11, 1997. similar species by the number and size endangered, threatened, or extinct in the ADDRESSES: Comments and materials of flowers, the arrangement of stamens, United States. This report, designated as concerning this proposal should be sent the lengths of the bract and calyx, the House Document No. 94–51, was to the Field Supervisor, U.S. Fish and presence of an aggregation of linear presented to Congress on January 9, Wildlife Service, Sacramento Field stipules and bracts surrounding the 1975, and included Sidalcea keckii as a Office, 3310 El Camino Avenue, flower at maturity, the size and shape of threatened species. The Service Sacramento, California 95825. the stem leaves, the density of hairs on published a notice on July 1, 1975 (40 Comments and materials received will the stems, and the presence of a FR 27823) of its acceptance of the report be available for public inspection, by purplish spot on the flower. of the Smithsonian Institution as a 40326 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules petition within the context of section Processing of this rule is a Tier 3 a threat to the species, an increase in 4(c)(2) (petition provisions are now activity under the current listing grazing intensity beyond best found in section 4(b)(3) of the Act) and priority guidance (61 FR 64480). management practices could potentially its intention thereby to review the status threaten the species. A 64 ha (160 ac) Summary of Factors Affecting the of the plant taxa named therein. The portion of the 280 ha (700 ac) on which Species July 1, 1975 notice included the above the plant occurs is currently zoned as taxon. On June 16, 1976, the Service Section 4 of the Act (16 U.S.C. 1533) Planned Development of Foothill published a proposal (41 FR 24523) to and regulations (50 CFR part 424) Mobile Home. This designation permits, determine approximately 1,700 vascular promulgated to implement the listing subject to site plan review, a plant species to be endangered species provisions of the Act set forth the subdivision, business, or mixed pursuant to section 4 of the Act. The list procedures for adding species to the business and residential development of of 1,700 plant taxa was assembled on Federal list of endangered and the land. Lands adjacent to this parcel the basis of comments and data received threatened species. A species may be are zoned to permit citrus, grapes, or by the Smithsonian Institution and the determined to be endangered or other crop agriculture, or livestock Service in response to House Document threatened due to one or more of the grazing (Roberto Brady, Tulare County No. 94–51 and the July 1, 1975, Federal five factors described in section 4(a)(1). Planning Department, pers. comm. Register publication. S. keckii was not These factors and their application to 1997). A zoning variance could permit included in the June 16, 1976, Federal Sidalcea keckii Wiggins (Keck’s either residential or agricultural use of Register document. checker-mallow) are as follows: the parcel on which the plant occurs. The Service published an updated A. The Present or Threatened The intended future use of the land is notice of review for plants on December Destruction, Modification, or presently unknown. 15, 1980 (45 FR 82480). This notice Curtailment of its Habitat or Range included Sidalcea keckii as a category B. Overutilization for Commercial, 1* candidate. Category 1* candidates Only three verified sites for Sidalcea Recreational, Scientific, or Educational were species believed to have become keckii have been reported historically. Purposes extinct, S. keckii having since been The species is presumed extirpated from Overutilization is not currently rediscovered. This designation for S. its type locality near White River in known to be a threat to the plant, keckii was retained in the November 28, Tulare County and from a second however, because this plant is known 1983 supplement to the Notice of historical site in the vicinity of Piedra, from a small number of individual Review (48 FR 53640), as well as Fresno County. Despite repeated plants in a single population it is subsequent revisions on September 27, searches for the species, it has not been extremely vulnerable to unrestricted 1985 (50 FR 39526), February 21, 1990 found at either of these sites since 1939, collecting for scientific or horticultural (55 FR 6184), and September 30, 1993 when the species was first named (the purposes. Although this species is not (50 FR 51143). Upon publication of the date of the type collection), (John currently known to be sought by notice of review on February 28, 1996 Stebbins, Fresno State University, in litt. collectors, the genus is prized as a (61 FR 7596), the Service included S. 1994). One erroneous report of an source of choice horticultural plants. keckii as a candidate species. Candidate occurrence near Porterville, Tulare Impacts from excessive visits by species are those which the Service has County, is a misidentification of either individuals interested in seeing rare on file sufficient information on S. calycosa or S. hirsuta (J. Stebbins, in plants could result from increased biological vulnerability and threat(s) to litt. 1994). The only extant population, publicity as a result of this proposal. support proposals to list them as of approximately 60 individuals in threatened or endangered species. S. Tulare County, was discovered in 1992 C. Disease or Predation keckii was also listed as a candidate in (Stebbins, in litt. 1994). At this time there is no evidence to the Notice of Review published on Historically, the habitat of Sidalcea suggest that either disease or predation February 28, 1996 (61 FR 7596). keckii has been degraded by urban presents a significant problem for Section 4(b)(3)(B) of the Act requires development, agricultural land Sidalcea keckii. the Secretary to make certain findings conversion, and livestock grazing D. The Inadequacy of Existing on pending petitions within 12 months (Stebbins, in litt. 1994). These factors Regulatory Mechanisms of their receipt. Section 2(b)(1) of the continue to threaten S. keckii. As 1982 amendments further requires that recently as 1992, a subdivision was The California Environmental Quality all petitions pending on October 13, proposed for the private land containing Act (CEQA) requires a full disclosure of 1982, be treated as having been newly the only known population of S. keckii, the potential environmental impacts of submitted on that date. This was the although that proposal has been proposed projects. The public agency case for Sidalcea keckii, because the withdrawn (Marge Neufield, Tulare with primary authority or jurisdiction 1975 Smithsonian report had been County Planning Department, in litt. over the project is designated as the lead accepted as a petition. On October 13, 1995). Agricultural land conversion also agency, and is responsible for 1982, the Service found that the threatens this population (California conducting a review of the project and petitioned listing of the species was Natural Diversity Data Base 1995). consulting with the other agencies warranted, but precluded by other Citrus orchards occur within 1.6 concerned with the resources affected pending listing actions, in accordance kilometers (1 mile) of the population of by the project. Section 15065 of the with section 4(b)(3)(B)(iii) of the Act; S. keckii. The parcel of land where this CEQA Guidelines requires a finding of notification of this finding was species occurs is at the same elevation significance if a project has the potential published on January 20, 1984 (49 FR as existing orchards, and has soils to ‘‘reduce the number or restrict the 2485). Such a finding requires the similar to those on which citrus is range of a rare or endangered plant or petition to be recycled, pursuant to grown. animal.’’ Species that are eligible for section 4(b)(3)(C)(I) of the Act. The The land on which the population is listing as rare, threatened, or finding was reviewed annually in found is currently used for grazing. endangered but are not so listed, are October of 1983 through 1997. S. keckii Although the level of grazing on the given the same protection provided for has a listing priority number of 2. parcel is not currently thought to pose Federal or State listed species. Once any Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40327 significant effects are identified, the these threats. Because of the high collectors, the genus is prized as a lead agency has the option to either potential for these threats, if realized, to source of choice horticultural plants. require mitigation for effects through result in the extinction of S. keckii, the The listing of this species as endangered changes in the project, or to decide that preferred action is to list S. keckii as also publicizes its rarity and, thus, can overriding considerations would make endangered. make it attractive to researchers or mitigation infeasible. Projects may Other alternatives to listing were collectors of rare plants. Listing of S. therefore be approved that can cause considered before publication of this keckii as an endangered species also significant environmental damage. proposed rule. There are currently no discloses the present vulnerability of Protection of unlisted, proposed, and activities for the conservation of the this species and, thus, can be reasonably listed species through CEQA is therefore species (e.g., conservation agreements or expected to increase the treat of dependant upon the judgement of the easements) being undertaken or vandalism or the intentional destruction lead agency. Proposed revisions to planned. The alternative of listing the of its habitat. In light of the CEQA guidelines, if implemented, may species as threatened is inappropriate at vulnerability of this species to also weaken protections for threatened, this time because of the high potential vandalism or intentional destruction of endangered, and other sensitive species. for either land development or the species habitat, publication of maps Sidalcea keckii is not listed by the agricultural conversion to result in the providing it precise locations and California Department of Fish and Game extinction of Sidalcea keckii. Current descriptions of critical habitat, as under the California Endangered practices of CEQA within the State of required for the designation of critical Species Act (Chapter 1.5 sec. 2050 et California would provide inadequate habitat, would reasonably be expected seq. of the California Fish and Game protection for this candidate species. to increase the degree of threats to the Code and Title 14 California Code of Listing S. keckii as endangered would species, increase the difficulties of Regulations section 670.2). Listing by provide Federal protection for the enforcement, and further contribute to the State of California requires species and result in additional the decline of S. keckii. individuals to obtain a management protection as outlined under the Furthermore, critical habitat agreement with the California Available Conservation Measures designation for Sidalcea keckii is not Department of Fish and Game (CDFG) to section. prudent due to lack of benefit. The possess or ‘‘take’’ a listed species. species is limited to a single location, Critical Habitat Although ‘‘take’’ of State-listed plants is and any action that would adversely prohibited (California Native Plant Critical habitat is defined in section 3 modify critical habitat also would Protection Act, Chapter 10 section 1908 of the Act as: (i) The specific areas jeopardize the species. Therefore, the and California Endangered Species Act, within the geographical area occupied designation of critical habitat would not Chapter 1.5 section 2080), State law by a species, at the time it is listed in provide any benefit to the conservation appears to exempt the taking of such accordance with the Act, on which are of the species. plants via habitat modification or land found those physical or biological Protection of the habitat of this use changes by the owner. Effectively features (I) essential to the conservation species will be primarily addressed upon notification of a landowner by of the species and (II) that may require through the recovery process. Protection CDFG that a State-listed plant grows on special management considerations or of the habitat of this species may also be his or her property, a land owner will protection and; (ii) specific areas addressed through the section 7 become obligated under State law to outside the geographical area occupied consultation process. Consultation may notify the agency ‘‘at least 10 days in by a species at the time it is listed, upon be necessary for the possible renewal of advance of changing the land use to determination that such areas are a Bureau of Reclamation’s Friant service allow salvage of such a plant’’ (Native essential for the conservation of the area Central Valley Project water Plant Protection Act, Chapter 10 section species. ‘‘Conservation’’ means the use contract, affecting the land on which the 1913). of all methods and procedures needed species occurs. The Service believes that to bring the species to the point at effects of Federal involvement in the E. Other Natural or Manmade Factors which listing under the Act is no longer areas where this plant occurs can be Affecting Its Continued Existence necessary. adequately identified without the Sidalcea keckii is extremely localized Section 4(a)(3) of the Act, as designation of critical habitat. with one only small population of amended, and implementing regulations Therefore, the Service finds that approximately 60 individuals. This (50 CFR 424.12) require that, to the designation of critical habitat for this species is, therefore, highly susceptible maximum extent prudent and plant is not prudent, such designation to extinction from naturally occurring determinable, the Secretary designate would reasonably increase the degree of events such as fire, insect predation, critical habitat at the time a species is threats from vandalism or intentional and disease outbreaks (Primack 1993). determined to be endangered or destruction of habitat and would not The Service has carefully assessed the threatened. Service regulations (50 CFR increase the degree of protection for the best scientific and commercial 424.12(a)(1)) state that designation of species beyond the protection afforded information available regarding the past, critical habitat is not prudent when one by listing. present, and future threats faced by this or both of the following situations species in determining to propose this exist—(1) the species is threatened by Available Conservation Measures rule. Sidalcea keckii is threatened by taking or other human activity, and Conservation measures provided to urban development, agricultural land identification of critical habitat can be species listed as endangered or conversion, and naturally occurring expected to increase the degree of threat threatened under the Act include events. Although the Service is not to the species, or (2) such designation of recognition, recovery actions, aware of any current proposal for either critical habitat would not be beneficial requirements for Federal protection, and development or conversion of the parcel to the species. prohibitions against certain practices. on which the one small population The Service finds that designation of Recognition through listing encourages occurs, this population is situated in an critical habitat is not prudent for and results in conservation actions by area that is suitable for development or Sidalcea keckii. Although this species is Federal, State, and private agencies, agriculture and is unprotected from not currently known to be sought by groups, and individuals. The Act 40328 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules provides for possible land acquisition the United States to import or export, Public Comments Solicited and cooperation with the State and transport or ship in interstate or foreign The Service intends that any final requires that recovery actions be carried commerce in the course of a commercial action resulting from this proposal will out for all listed species. The protection activity, sell or offer for sale in interstate be as accurate and as effective as required of Federal agencies and the or foreign commerce, or remove and possible. Therefore, comments or prohibitions against certain activities reduce to possession from areas under suggestions from the public, other involving listed plants are discussed, in Federal jurisdiction. In addition, for concerned governmental agencies, the part, below. plants listed as endangered, the Act scientific community, industry, or any Section 7(a) of the Act, as amended, prohibits the malicious damage or requires Federal agencies to evaluate other interested party concerning this destruction on areas under Federal proposed rule are hereby solicited. The their actions with respect to any species jurisdiction and the removal, cutting, that is proposed or listed as endangered Service will follow its current peer digging up, or damaging or destroying of review policy (59 FR 34270) in the or threatened and with respect to its such plants in knowing violation of any critical habitat, if any is being processing of this rule. Comments State law or regulation, including State designated. Regulations implementing particularly are sought concerning: criminal trespass law. Certain this interagency cooperation provision (1) Biological, commercial trade, or exceptions apply to agents of the of the Act are codified at 50 CFR part other relevant data concerning any 402. Section 7(a)(4) of the Act requires Service and State conservation agencies. threat (or lack thereof) to Sidalcea Federal agencies to confer with the It is the policy of the Service (59 FR keckii; Service on any action that is likely to 34272) to identify, to the maximum (2) The location of any additional jeopardize the continued existence of a extent practicable at the time a species populations of this species and the proposed species or result in is listed, those activities that would or reasons why any habitat should or destruction or adverse modification of would not constitute a violation of should not be determined to be critical proposed critical habitat. If a species is section 9 of the Act. The intent of this habitat as provided by section 4 of the listed subsequently, section 7(a)(2) policy is to increase public awareness of Act; requires Federal agencies to ensure that the effects of the listing on proposed (3) Additional information concerning activities they authorize, fund, or carry and ongoing activities within the the range, distribution, and population out are not likely to jeopardize the species’ range. Collection, damage or size of this species; and continued existence of such a species or destruction of this species on Federal (4) Current or planned activities in the subject area and their possible impacts to destroy or adversely modify its land is prohibited, although in on this species. critical habitat. If a Federal action may appropriate cases, a Federal endangered Final promulgation of the affect a listed species or its critical species permit may be issued to allow regulation(s) for this species will take habitat, the responsible Federal agency collection for scientific or recovery into consideration the comments and must enter into formal consultation with purposes. Such activities on non- any additional information received by the Service. Federal lands would constitute a Ongoing Federal agency actions that the Service, and such communications violation of section 9 when conducted may affect Sidalcea keckii include may lead to a final regulation that in knowing violation of California State Bureau of Reclamation renewal of the differs from this proposal. law or regulations or in violation of Central Valley Project’s Friant water The Act provides for one or more contracts. Listing S. keckii would State criminal trespass law. public hearing(s) on this proposal, if provide for development of a recovery Activities that are not likely to violate requested. Requests must be received plan for the plant. A recovery plan section 9 include livestock grazing, within 45 days of the date of publication would bring together both State and construction or maintenance of fences of the proposal in the Federal Register. Federal efforts for conservation of this and livestock water facilities, clearing a Such requests must be made in writing species. The recovery plan would defensible space for fire protection and be addressed to the Field establish a framework for agencies to around one’s personal residence, and Supervisor, Sacramento Field Office, coordinate activities and cooperate with landscaping (including irrigation) (see ADDRESSES section). each other in conservation efforts. The around one’s personal residence. National Environmental Policy Act plan would set recovery priorities and Questions regarding whether specific estimate costs of various tasks necessary activities will constitute a violation of The Fish and Wildlife Service has to accomplish them. The recovery plan section 9 should be directed to the Field determined that an Environmental also would describe site-specific Supervisor of the Sacramento Field Assessments and Environmental Impact management actions necessary to Office (see ADDRESSES section). Statements, as defined under the achieve conservation and survival of the authority of the National Environmental plant. Additionally, pursuant to section The Act and 50 CFR 17.62 and 17.63 Policy Act of 1969, need not be 6 of the Act, the Service would be able also provide for the issuance of permits prepared in connection with regulations to grant funds to an affected State such to carry out otherwise prohibited adopted pursuant to section 4(a) of the as California for management actions activities involving endangered plant Endangered Species Act of 1973, as promoting the protection and recovery species under certain circumstances. amended. A notice outlining the of the species. Such permits are available for scientific Service’s reasons for this determination The Act and its implementing purposes and to enhance the was published in the Federal Register regulations set forth a series of general propagation or survival of the species. on October 25, 1983 (48 FR 49244). prohibitions and exceptions that apply Requests for copies of the regulations on to all endangered plants. All listed plants and inquiries regarding Required Determinations prohibitions of section 9(a)(2) of the Act, them may be addressed to the U.S. Fish The Service has examined this implemented by 50 CFR 17.61 for and Wildlife Service, Ecological regulation under the Paperwork endangered plants, apply. These Services, Permits Branch, 911 NE 11th Reduction Act of 1995 and found it to prohibitions, in part, make it illegal for Ave., Portland, Oregon 97232–4181 contain no information collection any person subject to the jurisdiction of (503/231–6241). requirements. This rulemaking was not Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40329 subject to review by the Office of Author PART 17Ð[AMENDED] Management and Budget under The primary author of this proposed Executive Order 12866. rule is Ken Fuller, U.S. Fish and 1. The authority citation for part 17 continues to read as follows: References Cited Wildlife Service, Sacramento Field Office (see ADDRESSES section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. California Natural Diversity Data Base. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 1995. An Electronic Data Base. Natural List of Subjects in 50 CFR Part 17 625, 100 Stat. 3500, unless otherwise noted. Heritage Division. California Department of Endangered and threatened species, Fish and Game. Sacramento, California. Exports, Imports, Reporting and 2. Section 17.12(h) is amended by Primack, R. 1993. Essentials of adding the following, in alphabetical Conservation Biology. Sinauer and recordkeeping requirements, and Transportation. order under Flowering Plants to the List Associates, pp. 272–273. of Endangered and Threatened Plants to Wiggins, I. 1940. Contributions to the Proposed Regulation Promulgation read as follows: Dudley Herbarium 3:55–56. Woodward and Clyde Biological Accordingly, the Service hereby § 17.12 Endangered and threatened plants. Consultants. 1992. Focused Biological proposes to amend part 17, subchapter Surveys for Eight Target Species in Tulare B of chapter I, title 50 of the Code of * * * * * County. Unpub. rept. Appendix J–1. Federal Regulations, as set forth below: (h) * * *
Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules
******* FLOWERING PLANTS
******* Sidalcea keckii ...... Keck's checker-mal- U.S.A. (CA) ...... MalvaceaeÐMallow E ...... NA NA low.
*******
Dated: July 3, 1997. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 97–19762 Filed 7–25–97; 8:45 am] BILLING CODE 4310±55±P 40330
Notices Federal Register Vol. 62, No. 144
Monday, July 28, 1997
This section of the FEDERAL REGISTER individually. Order regulations help referendum to determine industry contains documents other than rules or ensure adequate supplies of high quality support for continuation of the order. proposed rules that are applicable to the product and adequate returns to Handlers are asked to sign an agreement public. Notices of hearings and investigations, producers. Under the Agricultural to indicate their willingness to abide by committee meetings, agency decisions and Marketing Agreement Act of 1937 the provisions of the order whenever the rulings, delegations of authority, filing of petitions and applications and agency (AMAA), as amended (7 U.S.C. 601– order is amended. These forms are statements of organization and functions are 674), industries enter into marketing included in this request. examples of documents appearing in this order programs. The Secretary of The forms covered under this section. Agriculture is authorized to oversee the information collection require the order operations and issue regulations minimum information necessary to recommended by a committee of effectively carry out the requirements of DEPARTMENT OF AGRICULTURE representatives from each commodity the order, and their use is necessary to industry. fulfill the intent of the Act as expressed Agricultural Marketing Service The information collection in the order. [Docket No. FV97±922±1 NC] requirements in this request are The information collected is used essential to carry out the intent of the only by authorized representatives of Notice of Request for Extension and AMAA, to provide the respondents the the USDA, including AMS, Fruit and Revision of a Currently Approved type of service they request, and to Vegetable Division regional and Information Collection administer the apricot marketing order headquarter’s staff, and authorized program, which has been operating employees of the Committee. AGENCY: Agricultural Marketing Service, since 1957. Authorized Committee employees and USDA. The apricot marketing order the industry are the primary users of the ACTION: Notice and request for authorizes the issuance of quality information and AMS is the secondary comments. regulations and inspection user. requirements. Regulatory provisions Estimate of Burden: Public reporting SUMMARY: In accordance with the apply to apricots shipped within and burden for this collection of information Paperwork Reduction Act of 1995 (44 outside of the production area, except is estimated to average 0.3 hours per U.S.C. Chapter 35), this notice those specifically exempt. The order response. announces the Agricultural Marketing also has authority for marketing Respondents: Apricot growers and Service’s (AMS) intention to request an research and development projects. handlers in the designated Counties in extension for and revision to a currently The order, and rules and regulations Washington. approved information collection for issued thereunder, authorize the Estimated Number of Respondents: Apricots Grown in Designated Counties Washington Apricot Marketing 430. in Washington, Marketing Order No. Committee (Committee), the agency Estimated Number of Responses per 922. responsible for local administration of Respondent: 0.304. DATES: Comments on this notice must be the order, to require handlers and Estimated Total Annual Burden on received on or before September 26, growers to submit certain information. Respondents: 39 hours. 1997 to be assured of consideration. Much of this information is compiled in Comments are invited on: (1) Whether ADDITIONAL INFORMATION OR COMMENTS: aggregate and provided to the industry the proposed collection of information Contact Tershirra T. Yeager, Marketing to assist in marketing decisions. is necessary for the proper performance Order Administration Branch, F & V, The Committee has developed forms of the functions of the agency, including AMS, USDA, P.O. Box 96456, Room as a means for persons to file required whether the information will have 2523–S, Washington, D.C. 20090–6456, information with the Committee relating practical utility; (2) the accuracy of the Telephone (202) 720–2491 or Fax (202) to apricot supplies, shipments, agency’s estimate of the burden of the 720–5698. dispositions, and other information proposed collection of information needed to effectively carry out the including the validity of the SUPPLEMENTARY INFORMATION: purpose of the Act and order. Apricots methodology and assumptions used; (3) Title: Apricots Grown in Designated are harvested from late June through ways to enhance the quality, utility, and Counties in Washington, Marketing mid-August, and these forms are clarity of the information to be Order 922. utilized accordingly. A USDA form is collected; and (4) ways to minimize the OMB Number: 0581–0095. used to allow growers to vote on burden of the collection of information Expiration Date of Approval: February amendments to or continuance of the on those who are to respond, including 28, 1998. marketing order. In addition, apricot the use of appropriate automated, Type of Request: Extension and growers and handlers who are electronic, mechanical, or other revision of currently approved nominated by their peers to serve as technological collection techniques or information collection. representatives on the Committee must other forms of information technology. Abstract: Marketing order programs file nomination forms with the Comments may be sent to Docket provide an opportunity for producers of Secretary. Clerk, Fruit and Vegetable Division, fresh fruits, vegetables and specialty Formal rulemaking amendments to AMS, USDA, P.O. Box 96456, Room crops, in a specified production area, to the order must be approved in referenda 2525–S, Washington, D.C., 20090–6456. work together to solve marketing conducted by the Secretary. Also, the Comments should reference the docket problems that cannot be solved Secretary may conduct a continuance number and the date and page number Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40331 of this issue of the Federal Register. All Administration, United States the goods were not intended for comments received will be available for Department of Commerce (hereinafter ultimate destination in Canada. BXA public inspection during regular ‘‘BXA’’), issued a charging letter alleged that, by making or causing the business hours at the same address. initiating an administrative proceeding making of a false or misleading All responses to this notice will be against William A. Roessl, individually statement of material fact, directly or summarized and included in the request and formerly doing business as Enigma indirectly, to a United States agency in for OMB approval. All comments will Industries (hereinafter collectively connection with the preparation, become a matter of public record. referred to as ‘‘Roessl’’). The charging submission, or use of an SED, an export Dated: July 22, 1997. letter alleged that Roessl committed control document, Roessl violated Robert C. Keeney, three violations of the Export Section 787.5(a) of the former Administration Regulations (currently Regulations. Director, Fruit and Vegetable Division. codified at 15 CFR Parts 730–774 BXA has presented evidence that the [FR Doc. 97–19704 Filed 7–25–97; 8:45 am] (1997)),1 issued pursuant to the Export charging letter was served on Roessl on BILLING CODE 3410±02±P Administration Act of 1979, as amended February 23, 1996.3 After he was finally (50 U.S.C. app. §§ 2401–2420 (1994)) served, the parties agreed, by stipulation 2 dated March 22, 1996, to an extension DEPARTMENT OF AGRICULTURE (hereinafter the ‘‘Act’’). Specifically, the charging letter of time, until May 24, 1996, for Roessl Forest Service alleged that, on or about June 28, 1989, to answer the charging letter. Roessl has Roessl exported a U.S.-origin Floating failed to file an answer to the charging Intergovernmental Advisory Point Systems model 164 Array letter, as required by Section 766.7 of Committee Subcommittee Meeting Processor from the United States the Regulations, and is therefore in through Canada to the Federal Republic default. Thus, pursuant to Section 766.7 AGENCY: Forest Service, USDA. of Germany without the validated of the Regulations, BXA moved that the ACTION: Notice of meeting. license that Roessl knew or had reason Administrative Law Judge (hereinafter the ‘‘ALJ’’) find the facts to be as alleged SUMMARY: to know was required by Section The Intergovernmental in the charging letter and render a Advisory Committee will meet on 772.1(b) of the former Regulations. BXA alleged that, by exporting commodities Recommended Decision and Order. August 7, 1997, at the Double Tree Hotel Following BXA’s motion, the ALJ in Port Angeles, Washington. The to any person or destination in violation of or contrary to the terms of the Act, issued a Recommended Decision and purpose of the meeting is to continue Order in which he found the facts to be discussions on the implementation of or any regulation, order or license issued under the Act, Roessl violated as alleged in the charging letter, and the Northwest Forest Plan. The meeting concluded that those facts constitute will begin at 8:00 a.m. and continue Section 787.6 of the former Regulations. BXA also alleged that, by selling, three violations of the former until 3:00 p.m. Agenda items to be Regulations by Roessl, as BXA alleged. discussed include, but are not limited transferring, or forwarding commodities to be exported from the United States The ALJ also agreed with BXA’s to: effectiveness monitoring and a series recommendation that the appropriate of informational presentations on with knowledge or reason to know that a violation of the Act or any regulation, penalty to be imposed for that violation activities on the Olympic Peninsula. is a denial, for a period of ten years, of The IAC meeting will be open to the order, or license issued thereunder occurred, was about to occur, or was all of Roessl’s export privileges. As public and is fully accessible for people provided by Section 766.22 of the with disabilities. Interpreters are intended to occur, Roessl violated Section 787.4(a) of the former Regulations, the Recommended available upon request in advance. Decision and Order has been referred to Written comments may be submitted for Regulations. Furthermore, the charging letter also me for final action. the record at the meeting. Time will also alleged that, in connection with the Based on my review of the entire be scheduled for oral public comments. shipment described above, Roessl filed, record, I affirm the findings of fact and Interested persons are encouraged to directly or indirectly, with the U.S. conclusions of law in the Recommended attend. Customs Service a Shipper’s Export Decision and Order of the ALJ. As the FOR FURTHER INFORMATION CONTACT: Declaration (SED) on which it was ALJ noted, Roessl has been difficult to Questions regarding this meeting may represented that the goods described locate and has not cooperated with the be directed to Don Knowles, Executive thereon were being exported from the resolution of this matter—even after agency counsel agreed to an extension Director, Regional Ecosystem Office, 333 United States for ultimate destination in of time to file his answer to the charging SW 1st Avenue, P.O. Box 3623, Canada when, in fact, as Roessl knew, Portland, OR 97208 (Phone: 503–808– letter. A civil monetary penalty would not likely be collected. Accordingly, a 2180). 1 The alleged violations occurred in 1989. The Dated: July 21, 1997. Regulations governing the violations at issue are period of denial of Roessl’s export found in the 1989 version of the Code of Federal privileges is a more effective and Donald R. Knowles, Regulations (15 CFR parts 768–799 (1989)). Those appropriate penalty. Designated Federal Official. Regulations define the violations that BXA alleges Additionally, I agree with the ALJ that [FR Doc. 97–19726 Filed 7–25–97; 8:45 am] occurred, and are referred to hereinafter as the former Regulations. Since that time, the Regulations the period of denial of export privileges BILLING CODE 3410±11±M have been reorganized and restructured; the should be substantial. This case is restructured Regulations establish the procedures aggravated both by Roessl’s failure to that apply to the matters set forth in this decision participate in the administrative DEPARTMENT OF COMMERCE and order. enforcement process and by the fact that 2 The Act expired on August 20, 1994. Executive Order 12924 (3 CFR, 1994 Comp. 917 (1995)), the case involves an exportation through Bureau of Export Administration extended by Presidential Notices of August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)) and August 14, 3 The Recommended Decision and Order Decision and Order 1996 (3 CFR, 1996 Comp. 298 (1997)), continued represents that BXA served the charging letter on the Regulations in effect under the International April 29, 1993, when in fact, the charging letter was On April 29, 1993, the Office of Emergency Economic Powers Act (50 U.S.C.A. issued on that date and then served on February 23, Export Enforcement, Bureau of Export §§ 1701–1706 (1991 & Supp. 1997)). 1996. 40332 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Canada. Under U.S. export control law, transaction whereby the denied person DEPARTMENT OF COMMERCE exports to Canada rarely require an acquires or attempts to acquire such export license. This important rule ownership, possession or control; Foreign-Trade Zones Board facilitates the substantial trade between C. Take any action to acquire from or the closely connected U.S. and [Docket 61±97] to facilitate the acquisition or attempted Canadian economies. The license acquisition from the denied person of exception for Canada applies, however, Proposed Foreign-Trade Zone, only to goods intended for use in any item subject to the Regulations that Charleston, West Virginia Area; Canada. In this case, Rossel abused this has been exported from the United Application and Public Hearing States; exception. To abuse this exception is to An application has been submitted to risk losing it. A violation such as this is D. Obtain from the denied person in the Foreign-Trade Zones Board (the a serious matter and should receive a the United States any item subject to the Board) by the West Virginia Economic penalty that demonstrates that fact. The Regulations with knowledge or reason Development Authority (a West Virginia ALJ was correct in recommending the to know that the item will be, or is public corporation), to establish a imposition of a ten-year period of denial intended to be, exported from the general-purpose foreign-trade zone in of export privileges. United States; or the Charleston, West Virginia area, Accordingly, it is therefore ordered, within the Charleston, West Virginia First, that, for a period of ten years from E. Engage in any transaction to service any item subject to the Regulations that port of entry. The application was the date of this Order, William A. submitted pursuant to the provisions of Roessl, individually and formerly doing has been or will be exported from the the Foreign-Trade Zones Act, as business as Enigma Industries, 145–B United States and that is owned, amended (19 U.S.C. 81a–81u), and the Crescent, Beverly Hills, California possessed or controlled by the denied regulations of the Board (15 CFR Part 90202, and all his successors, assignees, person, or service any item, of whatever 400). It was formally filed on July 22, officers, representatives, agents and origin, that is owned, possessed or 1997. The applicant is authorized to employees, whenever acting within the controlled by the denied person if such apply for foreign-trade zone authority scope of their employment with Roessl, service involves the use of any item under West Virginia Code § 31–15–6. may not, directly or indirectly, subject to the Regulations that has been Presently pending with the Board is a participate in any way in any or will be exported from the United separate application for a general- transaction involving any commodity, States. For purposes of this paragraph, purpose zone in Wood and Jackson software or technology (hereinafter servicing means installation, Counties (filed 5/23/97, Doc. 43–97). collectively referred to as ‘‘item’’) maintenance, repair, modification or Thus, the zone project proposed in this exported or to be exported from the testing. application would become the second United States that is subject to the one in the Charleston, West Virginia, Regulations, or in any other activity Third, that, after notice and Customs port of entry area. A related subject to the Regulations, including, opportunity for comment as provided in application for FTZ subzone status at but not limited to: Section 766.23 of the Regulations, any A. Applying for, obtaining, or using person, firm, corporation, or business the Toyota Motor Manufacturing West any license, License Exception, or organization related to the denied Virginia, Inc. plant in Buffalo, West export control document; person by affiliation, ownership, Virginia is being filed simultaneously B. Carrying on negotiations control, or position of responsibility in with this one (Doc. 62–97). concerning, or ordering, buying, the conduct of trade or related services The proposed new zone would receiving, using, selling, delivering, may also be made subject to the encompass three warehouse buildings (24 acres) located at the Charleston storing, disposing of, forwarding, provisions of this Order. transporting, financing, or otherwise Ordnance Center (78 acres), 3100 Fourth, that this Order does not servicing in any way, any transaction MacCorkle Avenue S.W., South prohibit any export, reexport, or other involving any item exported or to be Charleston. The application contains exported from the Untied States that is transaction subject to the Regulations evidence of the need for general- subject to the Regulations, or in any where the only items involved that are purpose zone services at the proposed other activity subject to the Regulations; subject to the Regulations are the site. Several firms have indicated an or foreign-produced direct product of U.S.- interest in using zone procedures at the C. Benefiting in any way from any origin technology. on-site facilities for warehousing/ transaction involving any item exported Fifth, that this Order shall be served distribution activity. Specific or to be exported from the United States on Roessl and on BXA, and shall be manufacturing approvals are not being that is subject to the Regulations, or in published in the Federal Register. sought at this time. Requests would be any other activity subject to the made to the Board on a case-by-case Regulations. This Order, which constitutes the basis. Second, that no person may, directly final agency action in this matter, is In accordance with the Board’s or indirectly, do any of the following: effective immediately. regulations, a member of the FTZ Staff A. Export or reexport to or on behalf Dated: July 22, 1997. has been designated examiner to of the denied person any item subject to investigate the application and report to William A. Reinsch, the Regulations; the Board. B. Take any action that facilitates the Under Secretary for Export Administration. As part of the investigation, the acquisition or attempted acquisition by [FR Doc. 97–19816 Filed 7–25–97; 8:45 am] Commerce examiner will hold a public the denied person of the ownership, BILLING CODE 3510±DT±M hearing on September 11, 1997, at 9:00 possession, or control of any item a.m., West Virginia House of Delegates, subject to the Regulations that has been Public Hearing Room, Building One, or will be exported from the United Room 215-E, State Capitol Complex, States, including financing or other 1900 Kanawha Boulevard East, support activities related to a Charleston, West Virginia 25311. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40333
Public comment on the application is of Charleston. The facility (600,000 sq. 14th & Pennsylvania Avenue, NW, invited from interested parties. ft., 300 employees, as proposed) would Washington, DC 20230. Submissions (original and 3 copies) be used to produce some 400,000 auto Dated: July 22, 1997. shall be addressed to the Board’s engines per year. Parts and materials John J. Da Ponte, Jr., Executive Secretary at the address that would initially be sourced from Executive Secretary. below. The closing period for their abroad include: valve components, receipt is September 26, 1997. Rebuttal engine blocks, cylinder heads, bushings, [FR Doc. 97–19809 Filed 7–25–97; 8:45 am] comments in response to material gauges, gaskets, insulators, camshaft BILLING CODE 3510±DS±P submitted during the foregoing period bearings, bearing caps, piston pin rings, may be submitted during the subsequent knock control and temperature sensors, DEPARTMENT OF COMMERCE 15-day period (to October 14, 1997). and oil pressure switches (duty rate A copy of the application and range: free-3.4%). The application International Trade Administration accompanying exhibits will be available indicates that the level of foreign parts during this time for public inspection at used in production will decline to 35 [A±580±815 and A±580±816] the following locations: percent (of finished engine value) in the Certain Cold-Rolled and Corrosion- future. The finished engines would be U.S. Department of Commerce, Export Resistant Carbon Steel Flat Products shipped primarily to the NUMMI (GM- Assistance Center, 405 Capitol Street, From Korea; Extension of Time Limits Toyota) assembly in California and the Suite 650, Charleston, WV 25301. for Antidumping Duty Administrative Toyota assembly plant in Ontario, Office of the Executive Secretary, Reviews Foreign-Trade Zones Board, Room Canada. 3716, U.S. Department of Commerce, FTZ procedures would exempt AGENCY: Import Administration, 14th & Pennsylvania Avenue, NW, TMMWV from the payment of Customs International Trade Administration, Washington, DC 20230. duties on foreign merchandise that is Department of Commerce. Dated: July 22, 1997. exported. On its domestic sales, the ACTION: Extension of time limits for company would be able to choose the John J. Da Ponte, Jr., antidumping duty administrative duty rate that applies to finished Executive Secretary. reviews of certain cold-rolled and engines (2.6%) instead of the duty rates corrosion-resistant carbon steel flat [FR Doc. 97–19808 Filed 7–25–97; 8:45 am] that would otherwise apply to the products from Korea. BILLING CODE 3510±DS±P foreign components noted above. TMMWV would also have the option to SUMMARY: The Department of Commerce ship the engines for incorporation into (‘‘the Department’’) is extending the DEPARTMENT OF COMMERCE autos at domestic auto assembly plants time limits for the preliminary results of the third antidumping duty Foreign-Trade Zones Board that operate under FTZ procedures, in which case the duty rate applicable to administrative reviews of the [Docket 62±97] finished autos (2.5%) would apply. FTZ antidumping orders on certain cold- procedures would allow the deferral of rolled and corrosion-resistant carbon Proposed Foreign-Trade ZoneÐ duty payments on foreign capital steel flat products from Korea. These Charleston, West Virginia Area, equipment until fully installed and reviews cover three manufacturers and Application for Subzone, Toyota Motor ready for production. FTZ status would exporters of the subject merchandise: Manufacturing West Virginia, Inc. (Auto also make the plant eligible for state/ Dongbu Steel Co., Ltd., Union Steel Engines), Buffalo, West Virginia local exemptions on certain inventory Manufacturing Co., Ltd., and Pohang An application has been submitted to taxes. Iron and Steel Co., Ltd. The period of the Foreign-Trade Zones Board (the In accordance with the Board’s review is August 1, 1995 through July Board) by the West Virginia Economic regulations, a member of the FTZ Staff 31, 1996. Development Authority (WVEDA) (a has been designated examiner to EFFECTIVE DATE: July 28, 1997. West Virginia public corporation), investigate the application and report to FOR FURTHER INFORMATION CONTACT: requesting special-purpose subzone the Board. Alain Letort or John R. Kugelman, AD/ status for the auto engine manufacturing Public comment on the application is CVD Enforcement Group III—Office 8, plant of Toyota Motor Manufacturing invited from interested parties. Import Administration, International West Virginia, Inc. (TMMWV), in Submissions (original and 3 copies) Trade Administration, U.S. Department Buffalo (Putnam County), West Virginia. shall be addressed to the Board’s of Commerce, 14th Street and The application was submitted pursuant Executive Secretary at the address Constitution Avenue, N.W., to the provisions of the Foreign-Trade below. The closing period for their Washington, D.C. 20230, telephone Zones Act, as amended (19 U.S.C. 81a– receipt is September 26, 1997. Rebuttal (202) 482–4243 or 482–0649, 81u), and the regulations of the Board comments in response to material respectively. (15 CFR Part 400). It was formally filed submitted during the foregoing period SUPPLEMENTARY INFORMATION: The on July 22, 1997. WVEDA has an may be submitted during the subsequent Department initiated these application pending with the FTZ Board 15-day period (to October 14, 1997). A administrative reviews on September for the establishment of a general- copy of the application and 16, 1996 (61 FR 48882). On February 25, purpose foreign-trade zone in the accompanying exhibits will be available 1997, we published a notice in the Charleston, West Virginia, area. It is during this time for public inspection at Federal Register (62 FR 8424) extending authorized to make such proposals the following locations: the deadline for the preliminary review under West Virginia Code § 31–15–6. U.S. Department of Commerce, Export results to August 1, 1997, in accordance The new TMMWV plant (currently Assistance Center, 405 Capitol Street, with section 751(a)(3)(A) of the Tariff under construction) is located on a 229- Suite 650, Charleston, WV 25301. Act of 1930 (‘‘the Act’’), as amended by acre site located on WV State Route 62 Office of the Executive Secretary, the Uruguay Round Agreements Act of at WV Secondary Route 32/2 in Buffalo, Foreign-Trade Zones Board, Room 1994. Because it is not practicable to West Virginia, some 20 miles northwest 3716, U.S. Department of Commerce, complete these reviews within the 40334 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices extended deadline, the Department is Under section 751(a)(2)(B)(iv) of the Charlottesville, VA 22908. Instrument: extending the time limits for the Act, if the Department determines that Ultrascope, Model MKII. Manufacturer: preliminary results of the a new shippers review is extraordinarily Optech International Ltd., New Zealand. aforementioned reviews to September 2, complicated, the Department may Intended Use: The instrument will be 1997. See memorandum from Joseph A. extend the deadline for issuing the final used to teach the courses Gross and Spetrini to Robert S. LaRussa, which is results of review up to 150 days after the Developmental Anatomy, Pathology and on file in Room B–099 at the date the preliminary determination was Neuroscience to large classes of medical Department’s headquarters. issued. In the instant case, the students and other personnel. This extension of time limits is in Department has determined this review Application accepted by Commissioner accordance with section 751(a)(3)(A) of is extraordinarily complicated due to of Customs: June 25, 1997. the Act. numerous complex cost-accounting and DOCKET NUMBER: 97–051. Dated: July 18, 1997. level-of-trade issues and the fact that the review involves the analyses of two Applicant: University of Notre Dame, Joseph A. Spetrini, companies (see Memorandum from 152A Fitzpatrick Hall, Notre Dame, IN Deputy Assistant Secretary, AD/CVD Richard W. Moreland to Robert S. 46556. Instrument: Mass Spectrometer, Enforcement Group III. LaRussa, Recommended Extension of Model DELTAplus. Manufacturer: [FR Doc. 97–19719 Filed 7–25–97; 8:45 am] Time Limit for Final Results, July 18, Finnigan, Germany. Intended Use: The BILLING CODE 3510±DS±P 1997). Therefore, in accordance with instrument will be used to perform ion section 751(a)(2)(B)(iv) of the Act, the ratio mass spectrometry for carbon, Department is extending the time limit DEPARTMENT OF COMMERCE nitrogen and sulfur stable isotopes. In for the final results to August 29, 1997. addition, the instrument will be used for [A±533±502] Interested parties must submit educational purposes in geochemistry, applications for disclosure under anthropology and bioscience courses. Certain Welded Carbon Steel Standard administrative protective order in Application accepted by Commissioner Pipes and Tubes From India; accordance with 19 CFR 353.34 (b). This of Customs: June 25, 1997. Extension of Time Limit for Final extension is in accordance with section DOCKET NUMBER: 97–052. Results of New Shipper Review 751(a)(2)(B)(iv) of the Act. Applicant: Albert Einstein College of Dated: July 21, 1997. AGENCY: Import Administration, Medicine, 1300 Morris Park Avenue, International Trade Administration, Richard W. Moreland, Bronx, NY 10461–1602. Instrument: Ion Department of Commerce. Acting Deputy Assistant Secretary for Import Source Kit for Mass Spectrometer, Administration. ACTION: Model ES002. Manufacturer: The Notice of extension of time limit [FR Doc. 97–19810 Filed 7–25–97; 8:45 am] of new shippers review. Protein Analysis Company, Denmark. BILLING CODE 3510±DS±P Intended Use: The instrument will be SUMMARY: The Department of Commerce used for studies of commercial (the Department) is extending the time DEPARTMENT OF COMMERCE biopolymeric samples and those limit for final results in the new isolated from biological sources in order shippers review of the antidumping International Trade Administration to determine their molecular weights duty order on certain welded carbon and structural characteristics. steel standard pipes and tubes from Applications for Duty-Free Entry of Application accepted by Commissioner India, covering the period May 1, 1995, Scientific Instruments of Customs: June 25, 1997. through April 30, 1996. We are extending the time limit because we Pursuant to Section 6(c) of the DOCKET NUMBER: 97–053. have determined that this review is Educational, Scientific and Cultural Applicant: Western Michigan extraordinarily complicated, as Materials Importation Act of 1966 (Pub. University, 1201 Oliver Street, provided for in the Tariff Act of 1930, L. 89–651; 80 Stat. 897; 15 CFR part Kalamazoo, MI 49008–5167. Instrument: as amended (the Act). 301), we invite comments on the Electron Energy Analyzer. question of whether instruments of EFFECTIVE DATE: July 28, 1997. Manufacturer: Scienta Instrument AB, equivalent scientific value, for the Sweden. Intended Use: The instrument FOR FURTHER INFORMATION CONTACT: purposes for which the instruments will be used for the study of the Davina Hashmi or Kristie Strecker, shown below are intended to be used, structure of molecules and atoms in the Import Administration, International are being manufactured in the United gas phase to obtain ultra-high resolution Trade Administration, U.S. Department States. measurement in the structure of subject of Commerce, 14th and Constitution Comments must comply with 15 CFR gases. In addition, the instrument will Avenue, NW., Washington, DC 20230; 301.5(a) (3) and (4) of the regulations telephone: (202) 482–4733. be used in atomic and molecular and be filed within 20 days with the courses to teach graduate and SUPPLEMENTARY INFORMATION: Statutory Import Programs Staff, U.S. undergraduate students about advanced Department of Commerce, Washington, Background light source at Lawrence Berkeley D.C. 20230. Applications may be National Laboratory. Application examined between 8:30 a.m. and 5:00 On June 27, 1996, the Department accepted by Commissioner of Customs: p.m. in Room 4211, U.S. Department of initiated a new shippers review June 26, 1997. covering the period May 1, 1995, Commerce, 14th Street and Constitution through April 30, 1996. We published Avenue, N.W., Washington, D.C. Gerald A. Zerdy, the preliminary results on May 1, 1997 DOCKET NUMBER: 97–034. Program Manager, Statutory Import Programs in the Federal Register. The final results Applicant: University of Virginia, Staff. are currently due to be issued on July Department of Cell Biology, Health [FR Doc. 97–19718 Filed 7–25–97; 8:45 am] 30, 1997. Science Center, Jordan Hall, BILLING CODE 3510±DS±P Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40335
DEPARTMENT OF COMMERCE SUMMARY: In accordance with provisions comment period on any proposed of the Marine Mammal Protection Act authorizations for the incidental International Trade Administration (MMPA) as amended, notification is harassment of small numbers of marine [C±337±802] hereby given that an Incidental mammals. Within 45 days of the close Harassment Authorization to take small of the comment period, NMFS must Notice of Postponement of Time Limit numbers of harbor seals by harassment either issue or deny issuance of the for Countervailing Duty Investigation: incidental to launches of Lockheed- authorization. Fresh Atlantic Salmon From Chile Martin’s launch vehicles (LMLVs) at Space Launch Complex 6 (SLC–6), Summary of Request AGENCY: International Trade Vandenberg Air Force Base, CA Administration/Import Administration/ On March 21, 1997, NMFS received (Vandenberg) has been issued. Department of Commerce. an application from the U.S. Air Force, EFFECTIVE DATE: This authorization is EFFECTIVE DATE: July 28, 1997. Vandenberg, requesting continuation of effective from July 18, 1997, through FOR FURTHER INFORMATION CONTACT: an authorization for the harassment of Rosa July 17, 1998. Jeong or Marian Wells, Import small numbers of harbor seals incidental ADDRESSES: Administration, International Trade The application and to launches of LMLVs at SLC–6, Administration, U.S. Department of authorization are available for review in Vandenberg. These launches would Commerce, Room 3099, 14th Street and the following offices: Marine Mammal place commercial payloads into low Constitution Avenue, NW., Washington, Division, Office of Protected Resources, earth orbit. Because of the requirements D.C. 20230; telephone: (202) 482–1278 NMFS, 1315 East-West Highway, Silver for circumpolar trajectories of the LMLV or 482–6309, respectively. Spring, MD 20910, and the Southwest and its payloads, the use of SLC–6 is the Region, NMFS, 501 West Ocean Blvd. only feasible alternative for LMLV Postponement Long Beach, CA 90802. launches within the United States. As a On July 2, 1997, the Department of FOR FURTHER INFORMATION CONTACT: result of the noise associated with the Commerce (‘‘the Department’’) initiated Kenneth Hollingshead, Office of launch itself and the resultant sonic the countervailing duty investigation of Protected Resources at 301–713–2055, boom, these noises have the potential to Fresh Atlantic Salmon from Chile. or Irma Lagomarsino, Southwest cause a startle response to those harbor Respondents have indicated that they Regional Office at 310–980–4016. seals which haul out on the coastline will be cooperating in the investigation. SUPPLEMENTARY INFORMATION: south and southwest of Vandenberg and In addition, we are investigating a large Background may be detectable to marine mammals number of potentially complex alleged west of the Channel Islands. Launch Section 101(a)(5)(A) of the MMPA (16 countervailable subsidy practices. noise would be expected to occur over U.S.C. 1361 et seq.) directs NMFS to Accordingly, as detailed in our July 15, the coastal habitats in the vicinity of allow, upon request, the incidental, but 1997, Memorandum to the File, we SLC–6 while low-level sonic booms not intentional, taking of marine deem this investigation to be could be heard west of the Channel mammals by U.S. citizens who engage extraordinarily complicated. Therefore, Islands. pursuant to section 703(c)(1) of the in a specified activity (other than Tariff Act of 1930, as amended (‘‘the commercial fishing) within a specified Background information on the Act’’), we are postponing the geographical region if certain findings activity, the authorization request, and preliminary determination in this are made and regulations are issued. affected marine mammals can be found investigation no later than November Permission may be granted if NMFS in the proposed authorization notice (62 10, 1997. finds that the taking will have a FR 26779, May 15, 1997) and previous This notice is published pursuant to negligible impact on the species or notices (60 FR 24840, May 10, 1995; 60 section 703(c)(2) of the Act. stock(s), will not have an unmitigable FR 38308, July 26, 1995) on LMLV adverse impact on the availability of the launches. Therefore this information is Dated: July 18, 1997. species or stock(s) for subsistence uses, not repeated here. These documents are Robert S. LaRussa, and the permissible methods of taking available from NMFS (see ADDRESSES). Acting Assistant Secretary for Import and requirements pertaining to the Administration. monitoring and reporting of such taking Comments and Responses [FR Doc. 97–19811 Filed 7–25–97; 8:45 am] are set forth. A notice of receipt of the application BILLING CODE 3510±DS±P The MMPA Amendments of 1994 and the proposed authorization was established an expedited process by published on May 15, 1997 (62 FR which citizens of the United States can DEPARTMENT OF COMMERCE 26779) and a 30-day public comment apply for an authorization to period was provided on the application incidentally take small numbers of National Oceanic and Atmospheric and proposed authorization. No marine mammals by harassment. The Administration comments were received during the MMPA defines ‘‘harassment’’ as: [I.D. 043097B] comment period. ** * any act of pursuit, torment, or Conclusion Small Takes of Marine Mammals annoyance which (a) has the potential to injure a marine mammal or marine mammal Incidental to Specified Activities; stock in the wild; or (b) has the potential to For reasons discussed in the notice of Lockheed Launch Vehicles at disturb a marine mammal or marine mammal proposed authorization, since NMFS is Vandenberg Air Force Base, CA stock in the wild by causing disruption of assured that the taking will not result in behavioral patterns, including, but not more than the harassment (as defined by AGENCY: National Marine Fisheries limited to, migration, breathing, nursing, the MMPA Amendments of 1994) of a Service (NMFS), National Oceanic and breeding, feeding, or sheltering. Atmospheric Administration (NOAA), small number of harbor seals, would Commerce. New subsection 101(a)(5)(D) have only a negligible impact on the establishes a 45-day time limit for species, and would result in the least ACTION: Notice of issuance of an NMFS review of an application practicable impact on the stock, NMFS incidental harassment authorization. followed by a 30-day public notice and has determined that the requirements of 40336 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices section 101(a)(5)(D) have been met and availability of utilities. Additionally, it increasingly susceptible to storm the authorization can be issued. was found to result in equivalent or damage from flooding and wave attack. lower potential adverse ecological Authorization FOR FURTHER INFORMATION CONTACT: impacts as compared to the other five For the above reasons, NMFS has sites evaluated. Potential impacts from Attn: Stephen A. Couch, Study issued an incidental harassment alternative operating schedules for the Manager, (212) 264–9077 authorization for 1 year for the above proposed disposal facility were also Attn: Peter M. Weppler, EIS described activity provided mitigation, evaluated. It was found that operating Coordinator, (212) 264–4663, monitoring, and reporting requirements the plant continuously on a daily basis Planning Division, Corps of described in the IHA are undertaken. would result in lower human health Engineers, New York District, 26 Dated: July 15, 1997. risks than operating the plant only for Federal Plaza, New York, New York 10278–0090 Patricia A. Montanio, one shift. Based on these impact SUPPLEMENTARY INFORMATION: Deputy Director, Office of Protected analyses, it is concluded that The Resources, National Marine Fisheries Service. conducting disposal operations at the overall Fire Island Inlet to Montauk [FR Doc. 97–19793 Filed 7-25-97; 8:45 am] northern site for three shifts per day is Point, New York, Combined Beach Erosion Control and Hurricane BILLING CODE 3510±22±F the preferred environmental alternative for implementing on-site disposal. Protection Project was authorized by the River and Harbor Act of 1960 in COPIES: To obtain copies of the ROD, accordance with the recommendations DEPARTMENT OF DEFENSE contact the Program Manager for of the Chief of Engineers in House Chemical Demilitarization, Data and Department of the Army Document No. 425, 86th Congress dated Document Control Center, at (410) 671– June 21, 1960. The original authorized Notice of Availability of the Record of 4901 or Mr. Jeff Lindblad, Pine Bluff project provided for beach erosion Decision for the Demilitarization of Chemical Activity, at (501) 540–2429. control and hurricane protection along Chemical Agents and Munitions Stored For more information, contact Ms. five reaches by means of widening the at Pine Bluff Arsenal, Arkansas Catherine Herlinger, Office of the beaches along the developed areas, Program Manager for Chemical raising the dunes by artificial placement AGENCY: Department of the Army, DoD. Demilitarization, at (410) 671–3629. of suitable sand, grass planting on the ACTION: Record of Decision. Dated: July 21, 1997. dunes, and construction of interior drainage structures at Mecox Bay, SUMMARY: Consistent with the National Raymond J. Fatz, Sagaponack Lake, and Georgica Pond. Environmental Policy Act of 1969 Deputy Assistant Secretary of the Army The project authorized construction of (NEPA) and regulations promulgated (Environment, Safety and Occupational 50 groins subject to determination of pursuant thereto, this announces the Health), OASA (I, L&E). their actual need. The authorization was availability of the Record of Decision [FR Doc. 97–19767 Filed 7–25–97; 8:45 am] subsequently modified by Section 103 (ROD) which documents and explains BILLING CODE 3710±08±M of the River and Harbor Act of October the Department of the Army’s decision 12, 1962, Section 31 of the Water to construct and operate a full-scale DEPARTMENT OF DEFENSE Resources Development Act of 1974, chemical agent disposal facility located Section 502 of the Water Resources in the northeastern area of the Pine Bluff Department of the Army Development Act of 1986, and Section Arsenal (PBA), Arkansas (identified as 102 of the Water Resources Site A in the Environmental Impact Corps of Engineers Development Act of 1992. These Statement (EIS)). The Army has modifications were made primarily to Intent To Prepare a Draft determined that the Revised Final EIS adjust the cost sharing provisions of the Environmental Impact Statement for adequately addresses the potential authorized project. impacts of the Army’s actions relating to the Reformation Study, Atlantic Coast the disposal of chemical agents and of Long Island, From Fire Island Inlet 1. Location and Description of Proposed munitions stored at PBA. The Army has to Montauk Point, New York Action also determined that the conclusions in The project area is located entirely in AGENCY: the Revised Final EIS establish that the U.S. Army Corps of Engineers, Suffolk County, Long Island, New York, decision to implement on-site DOD. along the Atlantic and bay shores of the incineration at site A provides ACTION: Notice of intent. towns of Babylon, Islip, Brookhaven, maximum protection of the Southamption and Easthampton. The environment, the general public, and SUMMARY: The New York District of the study area is approximately 83 miles workers at the disposal facility. The U.S. Army Corps of Engineers plans to long. The study area includes three large Army plans to dispose of 3,850 tons of begin preparation of a Draft estuarial bays. Great South Bay is chemical agents stored at PBA Environmental Impact Statement (DEIS) connected to the Atlantic Ocean through consistent with the terms of the ROD. for proposed measures for storm damage Fire Island Inlet, which is a federal SUPPLEMENTARY INFORMATION: A protection for the Atlantic Coast of Long navigation channel. Similarly, Moriches comparison was made of the potential Island, from Fire Island Inlet to Bay and Shinnecock Bay are connected impacts of six different locations at PBA Montauk Point, New York (study area). to the ocean through Moriches and for the facility. The six locations were This project is necessary due to Shinnecock Inlets, respectively, which identified using criteria based on safety continual erosion leading to a decrease are also federal navigation channels. and compatibility with current PBA in the width of beach and a loss of Great South Bay, Moriches Bay and activities. The selected site, located in beach material during severe storms and Shinnecock Bay are connected by the northeastern part of the Arsenal, has hurricanes. Due to the erosion and the narrow channels behind the barrier. The the advantage of being previously lack of sufficiently high beaches, berms westernmost portion of the study area, disturbed by construction of the BZ or dune systems, residential and Fire Island Inlet, is located disposal facility and the ready commercial developments have become approximately 52 miles by water east of Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40337 the Battery, New York. The project area potential data gaps. A series of meetings statutory obligations. The Director of the includes the ocean and bay shorelines, will follow and are to be scheduled at Information Resources Management Fire Island, Moriches and Shinnecock a later date and advertised in local Group publishes this notice containing Inlets, barrier beaches, the mainland, as newspapers. proposed information collection well as suitable offshore borrow areas requests prior to submission of these 5. Estimated Date of DEIS Availability for that will supply material for beach requests to OMB. Each proposed construction and replenishment. May 2001. information collection, grouped by 2. Reasonable Alternative Actions Gregory D. Showalter, office, contains the following: (1) Type Army Federal Register Liaison Officer. of review requested, e.g., new, revision, The ongoing reformulation study will [FR Doc. 97–19759 Filed 7–25–97; 8:45 am] extension, existing or reinstatement; (2) further consider beach fill alternatives, BILLING CODE 3710±06±M Title; (3) Summary of the collection; (4) and others, including, but not limited Description of the need for, and to, ‘‘hard structures’’ such as groin proposed use of, the information; (5) fields, seawalls, revetments, and DEPARTMENT OF EDUCATION Respondents and frequency of breakwaters to identify an economically collection; and (6) Reporting and/or optimal plan. Submission for OMB Review; Recordkeeping burden. OMB invites 3. Scoping Process Comment Request public comment at the address specified above. Copies of the requests are A. Public Involvement AGENCY: Department of Education. available from Patrick J. Sherrill at the A separate scoping correspondence ACTION: Submission for OMB review; address specified above. comment request. detailing the proposed plan will be Dated: July 22, 1997. distributed to all appropriate public and Gloria Parker, private agencies and organizations with SUMMARY: The Director, Information the intent of receiving opinions all from Resources Management Group, invites Director, Information Resources Management Group. interested parties. Public information comments on the submission for OMB meetings will be scheduled throughout review as required by the Paperwork Office of Postsecondary Education Reduction Act of 1995. the EIS phase. Additions to this mailing Title: Evaluation Form for the DATES: Interested persons are invited to list can be made by notifying the project Fulbright-Hays Seminars Abroad EIS coordinator. submit comments on or before August 27, 1997. Program. B. Significant Issues Requiring In-Depth Frequency: One Time Per ADDRESSES: Written comments should Analysis Application. be addressed to the Office of 1. Water Quality Impacts 2. Affected Public: Individuals or Information and Regulatory Affairs, households. Archaeological and Cultural Resources Attention: Dan Chenok, Desk Officer, Impacts 3. Aquatic and Terrestrial Annual Reporting and Recordkeeping Department of Education, Office of Hour Burden: Resources Impacts 4. Shorebird Management and Budget, 725 17th Populations 5. Recreational Impacts 6. Responses: 125. Street, NW., Room 10235, New Burden Hours: 94. Economic Impacts 7. Longshore Sand Executive Office Building, Washington, Transport. Abstract: Form to be used by DC 20503. Requests for copies of the participants under the Fulbright-Hays C. Environmental Review and proposed information collection Seminars Abroad program to evaluate Consultation requests should be addressed to Patrick the substance and quality of the J. Sherrill, Department of Education, 600 Review will be conducted as outlined seminars and the administrative Independence Avenue, S.W., Room in the Council on Environmental capability of the overseas agencies. 5624, Regional Office Building 3, Quality regulations dated November 29, Washington, DC 20202–4651. Office of the Chief Financial Officer 1983 (40 CFR parts 1500–108) and U.S. Army Corps of Engineer regulation ER FOR FURTHER INFORMATION CONTACT: Type of Review: New. 200–2–2 dated March 4, 1988. Patrick J. Sherrill (202) 708–8196. Title: Department of Education Individuals who use a Federal Cash Award Certification 4. Scoping Meetings telecommunications device for the deaf Statement and Department of Education To date, there have been two (TDD) may call the Federal Information Federal Cash Quarterly Confirmation interagency scoping meetings: a. an Relay Service (FIRS) at 1–800–877–8339 Statement. Interagency Scoping meeting sponsored between 8 a.m. and 8 p.m., Eastern time, Frequency: Annually. by the New York District, held on Monday through Friday. Affected Public: Business or other for- November 7, 1996, and b. a Municipal SUPPLEMENTARY INFORMATION: Section profit; Not for Profit institutions; Information meeting sponsored by the 3506 of the Paperwork Reduction Act of Federal Government; State, Local or local sponsor, the New York Department 1995 (44 U. S. C. Chapter 35) requires Tribal Government, SEAs or LEAs. of Environmental Conservation. The that the Office of Management and Annual Reporting and Recordkeeping first scheduled public information Budget (OMB) provide interested Hour Burden: meetings have been scheduled for July Federal agencies and the public an early Responses: 12,000. 30, 1997, at Dowling College, Oakdale, opportunity to comment on information Burden Hours: 38,160. New York and August 14, 1997 at collection requests. OMB may amend or Abstract: The collection of the Federal Southampton, Hampton Bays waive the requirement for public Cash Award Statement is necessary for Community Center, New York. The consultation to the extent that public the Agency to monitor cash advanced to purpose of the information meetings is participation in the approval process grantees and to obtain expenditure to enable the public to: learn about the would defeat the purpose of the information for each grant from potential alternatives, suggest other information collection, violate State or grantees. Information collection is used alternatives, and provide input to the Federal law, or substantially interfere to report total outlays to the Office of study and technical managers regarding with any agency’s ability to perform its Management and Budget and the 40338 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Department of the Treasury and is used and Water Development Appropriations DEPARTMENT OF ENERGY to project the Federal government’s and Act, 1997, the Department of Energy the Department’s financial condition. will seek to verify that an offeror or Federal Energy Regulatory This information collection also enables contractor has submitted their required Commission the Department to provide Treasury annual ‘‘Veterans 100’’ report before [Docket Nos. RP97±90±002 and RP97±99± with outlay information to facilitate making any contract award, renewal or 003] Treasury’s estimation of future expenditure. borrowing requirements. Respondents Algonquin LNG, Inc.; Notice of include over 12,000 State, local, college, EFFECTIVE DATES: This limitation is Compliance Filing university, proprietary school and non- effective for the term of the profit grantees who draw funds from the appropriation which is October 1, 1996 July 22, 1997. Department. through September 30, 1997, or such Take notice that on July 18, 1997, The collection of Federal cash later date as the funds may be available. Algonquin LNG, Inc. (ALNG) tendered quarterly confirmation statement for filing as part of its FERC Gas Tariff, FOR FURTHER INFORMATION CONTACT: enables grantees to identify First Revised Volume No. 1, Sub Richard B. Langston, Office of discrepancies in grant authorizations, Original Sheet No. 83, to be effective and funds drawn and funds refunded. Procurement and Assistance Policy July 1, 1997. Action is required only if a grantee’s (HR–51), Office of the Deputy Assistant ALNG asserts that he purpose of this records do not agree with the Secretary for Procurement and filing is to comply with the information contained on the statement. Assistance Management, Department of Commission’s letter order dated July 3, This information will be used to help Energy, 1000 Independence Avenue 1997 in Docket Nos. RP97–90–001 and grantees report and initiate resolution of SW., Washington, D.C. 20585–0705, RP97–99–002. ALNG states that the July discrepancies. Respondents include (202) 586–8247. 3 letter order required ALNG to revise its tariff to reflect certain GISB over 12,000 State, local, college, SUPPLEMENTARY INFORMATION: The university, proprietary school and non- nominations standards, for which the Energy and Water Development Commission denied ALNG’s requests for profit grantees who draw funds from the Appropriations Act, 1997, Public Law Department. waivers. 104–206, provides at Section 510 that ALNG states that copies of the filing Office of Special Education and none of the funds made available in the were served on firm customers of Rehabilitative Services Act may be obligated or expended to ALNG, interested state commissions and Type of Review: New. award or renew a contract if the parties to the proceedings. Title: Grantee Reporting Form. contractor has not filed its most recent Any person desiring to protest this Frequency: Annually. annual report regarding the employment filing should file a protest with the Affected Public: Business or other for- of certain veterans (‘‘Veterans 100 Federal Energy Regulatory Commission, profit; Not-for-profit institutions; State, Report’’) which may be required by 888 First Street, NE., Washington, D.C. local or Tribal Gov’t, SEAs or LEAs. section 4212(d) of title 38 of the United 20426, in accordance with Section Annual Reporting and Recordkeeping States Code. These reporting 385.211 of the Commission’s Hour Burden: requirements are described in more Regulations. All such motions or protests must be filed as provided in Responses: 165. detail at on § 22.1308 of the Federal Section 154.210 of the Commission’s Burden Hours: 1. Acquisition Regulation (48 CFR Abstract: Rehabilitation Services Regulations. Protests will be considered 22.1302). Generally, the report is Administration (RSA) training grants by the Commission in determining the required under any Federal contract provide stipends to ‘‘RSA Scholars’’ in appropriate action to be taken, but will order to train skilled rehabilitation exceeding $10,000 by a clause found at not serve to make protestants parties to personnel. Grantees are required to § 52.222–37 of the Federal Acquisition the proceeding. Copies of this filing are ‘‘track’’ scholars, relative to the Regulation (48 CFR 52.222–37). Before on file with the Commission and ‘‘payback’’ provision in the making an award, renewal or available for public inspection in the Rehabilitation Act. Data collection is expenditure from this appropriation, the Public Reference Room. reported annually to RSA in order to Department of Energy will seek to verify Linwood A. Watson, Jr., monitor performance and report that the offeror or contractor has Acting Secretary. progress to Congress. submitted its most recent required [FR Doc. 97–19750 Filed 7–25–97; 8:45 am] ‘‘Veterans 100’’ report. If a required [FR Doc. 97–19758 Filed 7–25–97; 8:45 am] BILLING CODE 6717±01±M report has not been filed, the BILLING CODE 4000±01±P Department may not make an award, renewal or expenditure until the DEPARTMENT OF ENERGY required report is furnished to the DEPARTMENT OF ENERGY Department of Labor. Federal Energy Regulatory Commission Reports Regarding Employment of Issued in Washington, D.C., on July 12, Veterans 1997. [Docket No. ER97±2867±000] Richard H. Hopf, AGENCY: The Department of Energy. The Alternative Current Power Group; ACTION: Notice. Deputy Assistant Secretary for Procurement Notice of Issuance of Order and Assistance Management. SUMMARY: This document provides [FR Doc. 97–19779 Filed 7–25–97; 8:45 am] July 23, 1997. notice to DOE contractors and BILLING CODE 6450±01±U The Alternative Current Power Group prospective bidders/offerors that annual (ACPG) submitted for filing a rate reports regarding employment of certain schedule under which ACPG will veterans must be furnished to the engage in wholesale electric power and Department of Labor. Under the Energy energy transactions as a marketer. ACPG Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40339 also requested waiver of various DEPARTMENT OF ENERGY and necessity. If a motion for leave to Commission regulations. In particular, intervene is timely filed, or if the ACPG requested that the Commission Federal Energy Regulatory Commission on its own motion believes grant blanket approval under 18 CFR Commission that a formal hearing is required, further Part 34 of all future issuance of [Docket No. CP97±635±000] notice of such hearing will be duly securities and assumptions of liability given. Under the procedure provided by ACPG. ANR Pipeline Company for, unless otherwise advised, it will be Transcontinental Gas Pipe Line unnecessary for Applicants to appear or On July 8, 1997, pursuant to delegated Corporation; Notice of Application be represented at the hearing. authority, the director, Division of Linwood A. Watson, Jr., Applications, Office of Electric Power July 22, 1997. Acting Secretary. Regulation, granted requests for blanket Take notice that on July 11, 1997, approval under Part 34, subject to the ANR Pipeline Company (ANR), 500 [FR Doc. 97–19730 Filed 7–25–97; 8:45 am] following: Renaissance Center, Detroit, Michigan BILLING CODE 6717±01±M Within thirty days of the date of the 48243, and Transcontinental Gas Pipe Line Corporation (Transco); Post Office order, any person desiring to be heard Box 1396, Houston, Texas 77251, DEPARTMENT OF ENERGY or to protest the blanket approval of (jointly referred to as Applicants), filed issuances of securities or assumptions of Federal Energy Regulatory in Docket No. CP97–635–000, an Commission liability by ACPG should file a motion application pursuant to Section 7(b) of to intervene or protest with the Federal the Natural Gas Act for permission and Energy Regulatory Commission, 888 approval to abandon a natural gas [Docket No. RP97±139±005] First Street, N.E., Washington, D.C. transportation and exchange service Caprock Pipeline Company; Notice of 20426, in accordance with Rules 211 between Applicants, all as more fully Tariff Filing and 214 of the Commission’s Rules of set forth in the application on file with Practice and Procedure (18 CFR 385.211 the Commission and open to public July 22, 1997. and 385.214). inspection. Take notice that on July 17, 1997 Absent a request for hearing within Applicants state that they propose to Caprock Pipeline Company (Caprock) abandon service authorized under this period, ACPG is authorized to issue tendered for filing as part of its FERC ANR’s Rate Schedule X–73 and securities and assume obligations or Gas Tariff, First Revised Volume No. 1, Transco’s Rate Schedule X–195. the following revised tariff sheet, to be liabilities as a guarantor, endorser, Applicants further state that they do not effective August 1, 1997: surety, or otherwise in respect of any propose to abandon any facilities. security of another person; provided Any person desiring to be heard or to Substitute First Revised Sheet No. 29A that such issuance or assumption is for make protest with reference to said Caprock states that this tariff sheet is some lawful object within the corporate application should on or before August being filed to adopt, in the August 1, purposes of the applicant, and 12, 1997, file with the Federal Energy 1997 effective sheet, the changes compatible with the public interest, and Regulatory Commission, Washington, recently approved in the Commission’s is reasonably necessary or appropriate D.C. 20426, a motion to intervene or a July 2, 1997 letter order in Docket No. for such purposes. protest in accordance with the RP97–139–003 incorporating certain The Commission reserves the right to requirements of the Commission’s Rules Order No. 587 GISB standards to be require a further showing that neither of Practice and Procedure (18 CFR effective June 1, 1997. public nor private interests will be 385.214 or 385.211) and the Regulations Caprock states that copies of the filing adversely affected by continued under the Natural Gas Act (18 CFR were served upon Caprock’s 157.10). All protests filed with the approval of ACPG’s issuances of jurisdictional customers, interested Commission will considered by it in securities of assumptions of liability. public bodies, and all parties to the determining the appropriate action to be proceedings. Notice is hereby given that the taken but will not serve to make the Any person desiring to protest said deadline for filing motions to intervene protestants parties to the proceeding. filing should file a protest with the or protests, as set forth above, is August Any person wishing to become a party Federal Energy Regulatory Commission, 7, 1997. Copies of the full text of the to a proceeding or to participate as a 888 First Street, N.E., Washington, D.C. order are available from the party in any hearing therein must file a 20426, in accordance with Rule 211 of Commission’s Public Reference Branch, motion to intervene in accordance with the Commission’s Rules of Practice and 888 First Street, N.E. Washington, D.C. the Commission’s Rules. Take further notice that, pursuant to Procedure (18 CFR 385.211). All such 20426. protests must be filed as provided in Lois D. Cashell, the authority contained in and subject to the jurisdiction conferred upon the Section 154.210 of the Commission’s Secretary. Federal Energy Regulatory Commission Regulations. All protests filed with the [FR Doc. 97–19786 Filed 7–25–97; 8:45 am] by Sections 7 and 15 of the Natural Gas Commissions will be considered by it in BILLING CODE 6717±01±M Act and the Commission’s Rules of determining the appropriate action to be Practice and Procedure, a hearing will taken, but will not serve to make the be held without further notice before the protestants parties to the proceeding. Commission or its designee on this Copies of this filing are on file with the application if no motion to intervene is Commission and are available for public filed within the time required herein, if inspection. the Commission on its own review of Linwood A. Watson, Jr., the matter finds that permission and Acting Secretary. approval for the proposed abandonment [FR Doc. 97–19751 Filed 7–25–97; 8:45 am] are required by the public convenience BILLING CODE 6717±01±M 40340 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
DEPARTMENT OF ENERGY Agreements were filed in Docket Nos. Any person desiring to protest this ER96–2553–000 and ER97–411–000 and filing should file a protest with the Federal Energy Regulatory have not been acted upon. NIMO and Federal Energy Regulatory Commission, Commission WPS will instead take service under the 888 First Street, NE., Washington, DC [Docket Nos. EC97±44±000, ER94±1685± Companies’ Market-Based Power Sales 20426, in accordance with Section 014, ER95±393±014, ER95±892±013, and Tariffs (FERC Electric Tariff Original 385.211 of the Commission’s ER96±2652±005] Volume Nos. 7 & 9). Regulations. All such motions or Any person desiring to be heard or to protests must be filed as provided in Citizens Power LLC and Peabody protest said filing should file a motion Section 154.210 of the Commission’s Investments, Inc.; Notice of Filing to intervene or protest with the Federal Regulations. Protests will be considered Energy Regulatory Commission, 888 July 22, 1997. by the Commission in determining the First Street, N.E., Washington, DC Take notice that on July 21, 1997, appropriate action to be taken, but will 20426, in accordance with Rules 211 Citizens Power LLC and Peabody not serve to make protestants parties to and 214 of the Commission’s Rules of Investments, Inc., filed a second the proceeding. Copies of this filing are Practice and Procedures (18 CFR supplement to the application filed in 385.211 and 18 CFR 385.214). All such on file with the Commission and the above captioned dockets. available for public inspection in the Any person desiring to be heard or to motions or protests should be filed on or before July 28, 1997. Protests will be Public Reference Room. protest said filing should file a motion Linwood A. Watson, Jr., to intervene or protest with the Federal considered by the Commission in Energy Regulatory Commission, 888 determining the appropriate action to be Acting Secretary. First Street, NE., Washington, DC 20426, taken, but will not serve to make [FR Doc. 97–19748 Filed 7–25–97; 8:45 am] protestants parties to the proceedings. in accordance with Rules 211 and 214 BILLING CODE 6717±01±M of the Commission’s Rules of Practice Any person wishing to become a party and Procedure (18 CFR 385.211 and 18 must file a motion to intervene. Copies CFR 385.214). All such motions or of this filing are on file with the DEPARTMENT OF ENERGY protests should be filed on or before July Commission and are available for public 31, 1997. Protests will be considered by inspection. Federal Energy Regulatory the Commission in determining the Linwood A. Watson, Jr., Commission appropriate action to be taken, but will Acting Secretary. not serve to make protestants parties to [FR Doc. 97–19736 Filed 7–25–97; 8:45 am] [Docket No. ER97±3510±000] the proceeding. Any person wishing to BILLING CODE 6717±01±M become a party must file a motion to The Empire District Electric Company; intervene. Copies of this filing are on Notice of Filing file with the Commission and are DEPARTMENT OF ENERGY July 22, 1997. available for public inspection. Federal Energy Regulatory Take notice that on June 23, 1997, The Lois D. Cashell, Commission Secretary. Empire District Electric Company (EDE), [FR Doc. 97–19787 Filed 7–25–97; 8:45 am] [Docket No. RP97±58±006] tendered for filing a service agreement BILLING CODE 6717±01±M between EDE and PanEnergy Trading East Tennessee Natural Gas Company; and Market Services, L.L.C providing Notice of Petition for Waiver non-firm point-to-point transmission DEPARTMENT OF ENERGY service pursuant to the open access July 22, 1997. transmission tariff (Schedule OATS) of Take notice that on July 18, 1997, East Federal Energy Regulatory EDE. Commission Tennessee Natural Gas Company (East Tennessee), pursuant to Section 4 of the EDE states that a copy of this filing [Docket No. ER96±2663±000; Docket No. Natural Gas Act, requested a waiver to has been served by mail upon ER97±411±000] permit implementation of Version 1.2 of PanEnergy Trading and Market Services, Commonwealth Electric Company; the Gas Industry Standards Board L.L.C., 10777 Westheimer Suite 650, Cambridge Electric Light Company; (GISB) standard datasets as set forth in Houston, TX 77042. Notice of Filing GISB’s July 31 Implementation Guide on Any person desiring to be heard or to an accelerated basis. protest said filing should file a motion July 22, 1997. East Tennessee states that East to intervene or protest with the Federal Take notice that on June 9, 1997, Tennessee has requested a waiver to Energy Regulatory Commission, 888 Commonwealth Electric Company permit implementation of Version 1.2 of First Street, NE., Washington, DC 20426, (Commonwealth) and Cambridge the GISB standard datasets of GISB’s in accordance with Rules 211 and 214 Electric Light Company (Cambridge), July 31 Implementation Guide on an of the Commission’s Rules of Practice collectively referred to as the accelerated basis so that its customers ‘‘Companies’’, tendered for filing with may use the best available GISB data and Procedures (18 CFR 385.211 and 18 the Federal Energy Regulatory elements at the earliest possible time. In CFR 385.214). All such motions or Commission a request, to allow the the alternative, East Tennessee proposes protests should be filed on or before July withdrawal of four (4) Service to implement Version 1.1 of the GISB 31, 1997. Protests will be considered by Agreements under the Companies’ standard datasets on an accelerated the Commission in determining the Power Sales and Exchange Tariffs (FERC basis. appropriate action to be taken, but will Electric Tariff Original Volume Nos. 3 & East Tennessee states that copies of not serve to make protestants parties to 5) with Niagara Mohawk Power the filing have been mailed to each of the proceeding. Any person wishing to Corporation (NIMO) and Western Power the parties that have intervened in the become a party must file a motion to Services, Inc. (WPS). These Service referenced proceeding. intervene. Copies of this filing are on Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40341 file with the Commission and are Notice is hereby given that the 1188, Houston, Texas 77251–1188, filed available for public inspection. deadline for filing motions to intervene in Docket No. CP97–651–000 a request Linwood A. Watson, Jr., or protests, as set forth above, is August pursuant to Sections 157.205 and Acting Secretary. 7, 1997. Copies of the full text of the 157.212 of the Commission’s [FR Doc. 97–19744 Filed 7–25–97; 8:45 am] order are available from the Regulations under the Natural Gas Act BILLING CODE 6717±01±M Commission’s Public Reference Branch, (18 CFR 157.205, 157.212) for 888 First Street, N.E. Washington, D.C. authorization to construct and operate a 20426. new delivery point (Hines Delivery DEPARTMENT OF ENERGY Lois D. Cashell, Point) in Polk County, Florida for Secretary. delivery of natural gas to Florida Power Federal Energy Regulatory [FR Doc. 97–19785 Filed 7–25–97; 8:45 am] Corporation (FPC) under FGT’s blanket Commission BILLING CODE 6717±01±M certificate issued in Docket No. CP82– [Docket No. ER97±3089±000] 553–000 pursuant to Section 7 of the Natural Gas Act, all as more fully set Energy Dynamics, Inc.; Notice of DEPARTMENT OF ENERGY forth in the request that is on file with Issuance of Order Federal Energy Regulatory the Commission and open to public July 23, 1997. Commission inspection. Energy Dynamics, Inc. (Energy FGT proposes to construct, operate Dynamics) submitted for filing with the [Docket No. ER97±3014±000] and own an additional delivery point to Commission a rate schedule under accommodate the transportation of which Energy Dynamics will engage in Entergy Power Marketing Corp.; Notice of Filing natural gas for FPC on a self wholesale electric power and energy implementing basis pursuant to Subpart transactions as a marketer. Energy July 22, 1997. G of Part 284 of the Commission’s Dynamics also requested waiver of Take notice that on July 15, 1997, various Commission regulations. In Regulations. FGT states that, to Entergy Power Marketing Corp. particular, Energy Dynamics requested accommodate gas deliveries to the tendered for filing an amendment in the that the Commission grant blanket proposed delivery point, FPC has above-referenced docket. approval under 18 CFR Part 34 of all acquired permanent firm capacity from Any person desiring to be heard or to future issuances of securities and various FGT shippers under FGT’s protest said filing should file a motion assumptions of liability by Energy Capacity Relinquishment Program in to intervene or protest with the Federal Dynamics. accordance with section 18 of the On July 8, 1997, pursuant to delegated Energy Regulatory Commission, 888 General Terms and Conditions of FGT’s authority, the Director, Division of First Street, NE., Washington, DC 20426, FERC Gas Tariff, Third Revised Volume in accordance with Rules 211 and 214 Applications, Office of Electric Power No. 1. of the Commission’s Rules of Practice Regulation, granted requests for blanket The proposed delivery point will approval under Part 34, subject to the and Procedure (18 CFR 385.211 and 18 include a tap at or near mile post 6.39 following: CFR 385.214). All such motions or Within thirty days of the date of the protests should be filed on or before on FGT’s existing Agricola Lateral, order, any person desiring to be heard August 1, 1997. Protests will be approximately 0.9 mile of connecting or to protest the blanket approval of considered by the Commission in line, metering and regulating facilities, issuances of securities or assumptions of determining the appropriate action to be electronic flow measurement liability by Energy Dynamics should file taken, but will not serve to make equipment, and related appurtenant a motion to intervene or protest with the protestants parties to the proceeding. facilities for FGT to deliver up to 65,000 Federal Energy Regulatory Commission, Any person wishing to become a party MMBtu per day and 23,725,000 MMBtu 888 First Street, N.E., Washington, D.C. must file a motion to intervene. Copies per year of gas to FPC. FGT states that 20426, in accordance with Rules 211 of this filing are on file with the it will be reimbursed for the and 214 of the Commission’s Rules of Commission and are available for public construction costs which is estimated at Practice and Procedure (18 CFR 385.211 inspection. $1,400,000. Linwood A. Watson, Jr., and 385.214). Any person or the Commission’s staff Absent a request for hearing within Acting Secretary. may, within 45 days after issuance of this period, Energy Dynamics is [FR Doc. 97–19743 Filed 7–25–97; 8:45 am] the instant notice by the Commission, authorized to issue securities and BILLING CODE 6717±01±M file pursuant to Rule 214 of the assume obligations or liabilities as a guarantor, endorser, surety, or otherwise Commission’s Procedural Rules (18 CFR in respect of any security of another DEPARTMENT OF ENERGY 385.214) a motion to intervene or notice person; provided that such issuance or of intervention and pursuant to Section assumption is for some lawful object Federal Energy Regulatory 157.205 of the Regulations under the within the corporate purposes of the Commission Natural Gas Act (18 CFR 157.205) a protest to the request. If no protest is applicant, and compatible with the [Docket No. CP97±651±000] public interest, and is reasonably filed within the time allowed therefor, necessary or appropriate for such Florida Gas Transmission Company; the proposed activity shall be deemed to purposes. Notice of Request Under Blanket be authorized effective the day after the The Commission reserves the right to Authorization time allowed for filing a protest. If a require a further showing that neither protest is filed and not withdrawn public nor private interests will be July 22, 1997. within 30 days after the time allowed adversely affected by continued Take notice that on July 18, 1997, for filing a protest, the instant request approval of Energy Dynamics’ issuances Florida Gas Transmission Company shall be treated as an application for of securities or assumptions of liability. (FGT), 1400 Smith Street, P.O. Box 40342 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices authorization pursuant to Section 7 of DEPARTMENT OF ENERGY (GISB) standard datasets as set forth in the Natural Gas Act. GISB’s July 31 Implementation Guide on Linwood A. Watson, Jr., Federal Energy Regulatory an accelerated basis. Commission Midwestern states that Midwestern Acting Secretary. [Docket No. RP97±364±003] has requested a waiver to permit [FR Doc. 97–19733 Filed 7–25–97; 8:45 am] implementation of Version 1.2 of the BILLING CODE 6717±01±M Koch Gateway Pipeline Company; GISB standard datasets of GISB’s July 31 Notice of Compliance Filing Implementation Guide on an accelerated basis so that its customers may use the DEPARTMENT OF ENERGY July 22, 1997. best available GISB data elements at the Take notice that on July 11, 1997, earliest possible time. In the alternative, Federal Energy Regulatory Koch Gateway Pipeline Company Midwestern proposes to implement Commission (Koch) tendered for filing as part of its Version 1.1 of the GISB standard FERC Gas Tariff, Fifth Revised Volume datasets on an accelerated basis. [Docket No. RP97±144±005] No. 1, the following tariff sheet, to Midwestern states that copies of this become effective June 1, 1997: filing have been mailed to each of the KN Wattenberg Transmission Ltd. Substitute Seventh Revised Sheet No. 2705 parties that have intervened in the Liability Co.; Notice of Tariff Filing referenced proceeding. Koch states that this filing is in Any person desiring to protest this July 22, 1997. compliance with the Commission’s filing should file a protest with the Take notice that on July 17, 1997, KN order on compliance filing, issued on Federal Energy Regulatory Commission, Wattenberg Transmission Ltd. Liability July 1, 1997, 80 FERC ¶ 61,005 (1997). 888 First Street, NE., Washington, DC Co., (KN Wattenberg) tendered for filing Koch states that the tariff sheet reflects 20426, in accordance with 18 CFR the changes made in Docket No. RP97– as part of its FERC Gas Tariff, Original Section 385.211 of the Commission’s 115. Volume No. 1, the following revised Regulations. All such protests must be Koch also states that it has served filed as provided in Section 154.210 of tariff sheet, to be effective August 1, copied of this filing upon each person 1997: the Commission’s Regulations. Protests on the official service list compiled by will be considered by the Commission Substitute First Revised Sheet No. 66A the Secretary in this proceeding. in determining the appropriate action to Any person desiring to protest said be taken, but will not serve to make KN Wattenberg states that this tariff filing should file a protest with the protestants parties to the proceeding. sheet is being filed to adopt in the Federal Energy Regulatory Commission, Copies of this filing are on file with the August 1, 1997 effective sheet the 888 First Street, NE., Washington, D.C. Commission and available for public changes recently approved in the 20426, in accordance with Section inspection in the Public Reference Commission’s June 26, 1997 letter order 385.211 of the Commission’s Room. Regulations. All such motions or in Docket No. RP97–144–003 Linwood A. Watson, Jr., incorporating certain Order No. 587 protests must be filed as provided in Acting Secretary. GISB standards to be effective June 1, Section 154.210 of the Commission’s [FR Doc. 97–19749 Filed 7–25–97; 8:45 am] 1997. Regulations. Protests will be considered by the Commission in determining the BILLING CODE 6717±01±M KN Wattenberg states that copies of appropriate action to be taken, but will the filing were served upon not serve to make Protestants parties to Wattenberg’s jurisdictional customers, DEPARTMENT OF ENERGY the proceeding. Copies of this filing are interested public bodies, and all parties on file with the Commission and to the proceedings. Federal Energy Regulatory available for public inspection in the Commission Any person desiring to protest said Public Reference Room. [Docket Nos. ER97±940±000 and ER97± filing should file a protest with the Linwood A. Watson, Jr., 2618±000] Federal Energy Regulatory Commission, Acting Secretary. 888 First Street, N.E., Washington, DC [FR Doc. 97–19753 Filed 7–25–97; 8:45 am] Montana-Dakota Utilities Company; 20426, in accordance with Rule 211 of BILLING CODE 6717±01±M Notice of Filing the Commission’s Rules of Practice and Procedure (18 CFR 385.211). All such July 22, 1997. protests must be filed as provided in DEPARTMENT OF ENERGY Take notice that on July 9, 1997, Section 154.210 of the Commission’s Montana-Dakota Utilities Company Regulations. All protests filed with the Federal Energy Regulatory tendered for filing an amendment in the Commission will be considered by it in Commission above-referenced dockets. Any person desiring to be heard or to determining the appropriate action to be [Docket No. RP97±59±007] protest said filing should file a motion taken, but will not serve to make the Midwestern Gas Transmission to intervene or protest with the Federal protestants parties to the proceeding. Energy Regulatory Commission, 888 Copies of this filing are on file with the Company; Notice of Request for Waiver First Street, N.E., Washington, D.C. Commission and are available for public 20426, in accordance with Rules 211 inspection. July 22, 1997. and 214 of the Commission’s Rules of Linwood A. Watson, Jr., Take notice that on July 18, 1997, Practice and Procedures (18 CFR Acting Secretary. Midwestern Gas Transmission Company 385.211 and 18 CFR 385.214). All such [FR Doc. 97–19752 Filed 7–25–97; 8:45 am] (Midwestern), pursuant to Section 4 of motions or protests should be filed on BILLING CODE 6717±01±M the Natural Gas Act, requested a waiver or before August 1, 1997. Protests will to permit implementation of Version 1.2 be considered by the Commission in of the Gas Industry Standards Board determining the appropriate action to be Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40343 taken, but will not serve to make Commission and are available for public Second Revised Sheet No. 412 protestants parties to the proceedings. inspection. Second Revised Sheet No. 424 Third Revised Sheet No. 431 Any person wishing to become a party Linwood A. Watson, Jr., must file a motion to intervene. Copies Third Revised Sheet No. 441 Acting Secretary. Third Revised Sheet No. 446 of this filing are on file with the [FR Doc. 97–19746 Filed 7–25–97; 8:45 am] Northern states that the above- Commission and are available for public BILLING CODE 6717±01±M inspection. referenced tariff sheets contained Linwood A. Watson, Jr., proposed changes to the banking Acting Secretary. DEPARTMENT OF ENERGY address for shipper payments to Northern. [FR Doc. 97–19737 Filed 7–25–97; 8:45 am] Federal Energy Regulatory Northern states that copies of the BILLING CODE 6717±01±M Commission filing were served upon the company’s customers and interested State [Docket No. ER97±2518±001] Commissions. DEPARTMENT OF ENERGY Any person desiring to be heard or to New York State Electric & Gas protest said filing should file a motion Federal Energy Regulatory Corporation; Notice of Filing Commission to intervene or protest with the Federal July 22, 1997. Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. [Docket No. ER97±3581±000] Take notice that on June 24, 1997, New York State Electric & Gas 20426, in accordance with Sections Montaup Electric Company; Notice of Corporation tendered for filing 385.214 and 385.211 of the Filing additional information in the above- Commission’s Rules and Regulations. referenced docket. All such petitions or protests must be July 22, 1997. Any person desiring to be heard or to filed in accordance with Section 154.210 of the Commission’s Take notice that on July 1, 1997, protest said filing should file a motion Regulations. Protests will be considered Montaup Electric Company (Montaup), to intervene or protest with the Federal by the Commission in determining the in accordance with the Commission’s Energy Regulatory Commission, 888 appropriate action to be taken in this order in Atlantic City Electric Co., et al., First Street, N.E., Washington, D.C. proceeding, but will not serve to make 77 FERC ¶ 61,144, 61,533 (1997), filed 20426 in accordance with Rules 211 and protestant a party to the proceeding. amendments to its open access 214 of the Commission’s Rules of Any person wishing to become a party transmission tariff to change the Practice and Procedure (18 CFR 385.211 must file a motion to intervene. Copies scheduling minimum for firm and non- and 18 CFR 385.214). All such motions of this filing are on file with the firm point-to-point service from 1,000 or protests should be filed on or before Commission and are available for kW to 10 kW and to provide for a July 31, 1997. Protests will be inspection. method for Montaup to calculate considered by the Commission in Available Transmission Capability if the determining the appropriate action to be Linwood A. Watson, Jr., New England Power Pool (NEPOOL) is taken, but will not serve to make Acting Secretary. not in a position to do so. protestants parties to the proceedings. [FR Doc. 97–19754 Filed 7–25–97; 8:45 am] Any person wishing to become a party BILLING CODE 6717±01±M In addition, Montaup filed must file a motion to intervene. Copies amendments to revise the tariff rates to of this filing are on file with the include a pass-through of monthly Commission and are available for public DEPARTMENT OF ENERGY NEPOOL charges for ancillary services inspection. and to establish a formula for Linwood A. Watson, Jr., Federal Energy Regulatory determining the annual transmission Commission revenue requirement. Acting Secretary. [FR Doc. 97–19738 Filed 7–25–97; 8:45 am] [Docket No. RP97±422±000] Montaup requests waiver of the notice BILLING CODE 6717±01±M requirement so that these amendments Northern Natural Gas Company; Notice may be allowed to become effective July of Proposed Changes in FERC Gas 1, 1997. DEPARTMENT OF ENERGY Tariff Any person desiring to be heard or to July 22, 1997. protest said filing should file motion to Federal Energy Regulatory Commission Take notice that on July 18, 1997, intervene or protest with the Federal Northern Natural Gas Company Energy Regulatory Commission, 888 [Docket No. RP97±421±000] (Northern), tendered for filing to become First Street, N.E., Washington, D.C. part of Northern’s FERC Gas Tariff, Fifth Northern Natural Gas Company; Notice 20426, in accordance with Rules 211 Revised Volume No. 1, the following of Proposed Changes in FERC Gas and 214 of the Commission’s Rules of tariff sheet proposed to become effective Tariff Practice and Procedure (18 CFR 385.211 on August 17, 1997: and 18 CFR 385.214). All such motions or protests should be filed on or before July 22, 1997. Third Revised Sheet No. 258 July 31, 1997. Protests filed with the Take notice that on July 18, 1997, Northern states that this filing Commission will be considered by it in Northern Natural Gas Company eliminates the tariff provision that determining the appropriate action to be (Northern) tendered for filing to become allows acceptance of nominations by taken but will not serve to make the part of Northern’s FERC Gas Tariff, Fifth telephone. protestants parties to the proceeding. Revised Volume No. 1, the following Northern states that copies of the Any person wishing to become a party tariff sheets proposed to be effective filing were served upon Northern’s must file a motion to intervene. Copies August 1, 1997: customers and interested State of this filing a re on file with the Second Revised Sheet No. 400 Commissions. 40344 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Any person desiring to be heard or to regulators with 50 percent trim, a new Sections 157.205 and 157.216 of the protest said filing should file a motion 6-inch turbine meter, a new 3 x 4-inch Commission’s Regulations under the to intervene or protest with the Federal full ported relief valve and Natural Gas Act (18 CFR 157.205 and Energy Regulatory Commission, 888 appurtenances. 157.216) for authorization to abandon First Street, N.E., Washington, D.C. Northwest states that as a result of by sale to Intermountain Gas 20426, in accordance with Sections this proposed upgrade, the maximum Corporation (Intermountain), a portion 385.214 and 385.211 of the design capacity of the meter station will of its existing 6-inch Simplot-Westvaco Commission’s Rules and Regulations. increase from approximately 4,517 Dth Lateral loop line (loop line) located in All such petitions or protests must be per day at 200 psig to approximately Power County, Idaho, under filed in accordance with Section 8,764 Dth per day at 200 psig as limited Northwest’s blanket certificate issued in 154.210 of the Commission’s by the meter. Docket No. CP82–433–000, pursuant to Regulations. Protests will be considered Northwest says the total cost of the Section 7 of the Natural Gas Act, all as by the Commission in determining the proposed facility upgrade is estimated more fully set forth in the request which appropriate action to be taken in this to be approximately $91,000, which will is on file with the Commission and open proceeding, but will not serve to make be reimbursed by Ash Grove. Northwest to public inspection. Protestant a party to the proceeding. indicates that a copy of this filing was Northwest relates that the portion of Any person wishing to become a party sent to the Oregon Public Utilities the loop line that Northwest has agreed must file a motion to intervene. Copies Commission. Northwest states that no to sell to Intermountain consists of of this filing are on file with the service will be abandoned. Northwest approximately 811 feet of 6-inch Commission and are available for further states that any volumes pipeline extending from an insulated inspection. delivered to the Durkee delivery point flange within Intermountain’s Simplot Linwood A. Watson, Jr., will be within the authorized Meter Station to approximately 733 feet Acting Secretary. entitlements of Ash Grove or other beyond the outlet of the meter station. shippers for whom Northwest is [FR Doc. 97–19755 Filed 7–25–97; 8:45 am] Northwest says the line will be sold at authorized to transport gas. Northwest Northwest’s net book value which is BILLING CODE 6717±01±M says its tariff does not prohibit the currently approximately $81. Northwest upgrade of delivery point facilities. explains that no facilities will be DEPARTMENT OF ENERGY Any person or the Commission’s staff removed or modified and no service may, within 45 days after issuance of will be affected as a result of the Federal Energy Regulatory the instant notice by the Commission, proposed sale. Commission file pursuant to Rule 214 of the Any person or the Commission’s staff Commission’s Procedural Rules (18 CFR may, within 45 days after issuance of [Docket No. CP97±643±000] 385.214) a motion to intervene or notice the instant notice by the Commission, Northwest Pipeline Corporation; Notice of intervention and pursuant to Section file pursuant to Rule 214 of the of Request Under Blanket 157.205 of the Regulations under the Commission’s Procedural Rules (18 CFR Authorization Natural Gas Act (18 CFR 157.205) a 385.214) a motion to intervene or notice protest to the request. If no protest is of intervention and pursuant to Section June 22, 1997. filed with the time allowed therefor, the 157.205 of the Regulations under the Take notice that on July 16, 1997, proposed activity shall be deemed to be Natural Gas Act (18 CFR 157.205) a Northwest Pipeline Corporation authorized effective the day after the protest to the request. If no protest is (Northwest), 295 Chipeta Way, Salt Lake time allowed for filing a protest. If a filed within the time allowed therefor, City, Utah 84158, filed in Docket No. protest is filed and not withdrawn the proposed activity shall be deemed to CP97–643–000, a request pursuant to within 30 days after the time allowed be authorized effective the day after the Sections 157.205, 157.211, and 157.216 for filing a protest, the instant request time allowed for filing a protest. If a of the Commission’s Regulations under shall be treated as an application for protest is filed and not withdrawn the Natural Gas Act (18 CFR 157.205, authorization pursuant to Section 7 of within 30 days after the time allowed 157.211, and 157.216) for authorization the Natural Gas Act. for filing a protest, the instant request to upgrade its Durkee Meter Station in Linwood A. Watson, Jr., shall be treated as an application for Baker County, Oregon by abandoning Acting Secretary. authorization pursuant to Section 7 of certain existing facilities and [FR Doc. 97–19731 Filed 7–25–97; 8:45 am] the Natural Gas Act. constructing and operating upgraded BILLING CODE 6717±01±M Linwood A. Watson, Jr., replacement facilities, under Acting Secretary. Northwest’s blanket certificate issued in [FR Doc. 97–19732 Filed 7–25–97; 8:45 am] Docket No. CP82–433–000, pursuant to DEPARTMENT OF ENERGY BILLING CODE 6717±01±M Section 7 of the Natural Gas Act, all as more fully set forth in the request which Federal Energy Regulatory is on file with the Commission and open Commission DEPARTMENT OF ENERGY to public inspection. [Docket No. CP97±649±000] Northwest relates that this meter Federal Energy Regulatory station upgrade is necessary to Northwest Pipeline Corporation; Notice Commission accommodate a request by Ash Grove of Request Under Blanket [Docket No. ER95±19±014] Cement Company (Ash Grove) for Authorization additional delivery capacity at this Northwest Regional Transmission point. Northwest proposes to remove July 22, 1997. Association; Notice of Filing the two existing 1-inch regulators, the Take notice that on July 17, 1997, existing 4-inch turbine meter, existing 3- Northwest Pipeline Corporation July 22, 1997. inch relief valve and appurtenances and (Northwest), 295 Chipeta Way, Salt Lake Take notice that on June 13, 1997, install upgraded replacement facilities City, Utah 84108, filed in Docket No. Northwest Regional Transmission consisting of two new 2-inch large port CP97–643–000, a request pursuant to Association tendered for filing a letter Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40345 stating that the Citizens Lehaman Power Commission and are available for public Power Exchange Corporation (Powerex) L.L.C. has changed its name to Citizens inspection. as Transmission Customer in Docket No. Power LLC and Puget Power & Light Linwood A. Watson, Jr., ER97–2659–000. A copy of filing was Company has changed its name to Puget Acitng Secretary. served upon Powerex. Sound Energy, Inc. [FR Doc. 97–19742 Filed 7–25–97; 8:45 am] Any person desiring to be heard or to protest said filing should file a motion Any person desiring to be heard or to BILLING CODE 6717±01±M to intervene or protest with the Federal protest said filing should file a motion Energy Regulatory Commission, 888 to intervene or protest with the Federal DEPARTMENT OF ENERGY First Street, N.E., Washington, D.C. Energy Regulatory Commission, 888 20426, in accordance with Rules 211 First Street, NE., Washington, DC 20426, Federal Energy Regulatory and 214 of the Commission’s Rules of in accordance with Rules 211 and 214 Commission Practice and Procedure (18 CFR 385.211 of the Commission’s Rules of Practice and 18 CFR 385.214). All such motions and Procedure (18 CFR 385.211 and 18 [Docket Nos. ER96±2525±001, ER96±2585± 001] or protests should be filed on or before CFR 385.214). All such motions or August 1, 1997. Protests will be protests should be filed on or before July Plum Street Energy Marketing, Inc., considered by the Commission in 28, 1997. Protests will be considered by Niagara Mohawk Power Corporation; determining the appropriate action to be the Commission in determining the Notice of Filing taken, but will not serve to make appropriate action to be taken, but will protestants parties to the proceeding. not serve to make protestants parties to July 22, 1997. Any person wishing to become a party the proceedings. Any person wishing to Take notice that on November 21, must file a motion to intervene. Copies become a party must file a motion to 1996 and December 20, 1996, Plum of this filing are on file with the intervene. Copies of this filing are on Street Energy Marketing, Inc. and Commission and are available for public file with the Commission and are Niagara Mohawk Power Corporation inspection. available for public inspection. tendered for filing amendments in the Linwood A. Watson, Jr., Linwood A. Watson, Jr., above-referenced dockets. Acting Secretary. Any person desiring to be heard or to [FR Doc. 97–19739 Filed 7–25–97; 8:45 am] Acting Secretary. protest said filing should file a motion [FR Doc. 97–19734 Filed 7–25–97; 8:45 am] to intervene or protest with the Federal BILLING CODE 6717±01±M BILLING CODE 6717±01±M Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. DEPARTMENT OF ENERGY 20426, in accordance with Rules 211 DEPARTMENT OF ENERGY and 214 of the Commission’s Rules of Federal Energy Regulatory Practice and Procedure (18 CFR 385.211 Commission Federal Energy Regulatory and 18 CFR 385.214). All such motions Commission or protests should be filed on or before [Docket No. ER97±2660±000] August 1, 1997. Protests will be Puget Sound Energy, Inc.; Notice of [Docket No. ER97±2894±000] considered by the Commission in Filing determining the appropriate action to be PanEnergy Power Services, Inc.; taken, but will not serve to make July 22, 1997. Notice of Succession protestants parties to the proceeding. Take notice that on June 12, 1997, Any person wishing to become a party Puget Sound Energy, Inc., as July 22, 1997. must file a motion to intervene. Copies Transmission Provider, requested to Take notice that on June 27, 1997, of this filing are on file with the withdraw its filing of the Service PanEnergy Power Services, Inc. Commission and are available for public Agreement for Non-firm Point-To-Point tendered for filing a Notice of inspection. Transmission Service (Service Succession of all its applicable rate Linwood A. Watson, Jr., Agreement) with The Washington Water schedules and supplements thereto by Acting Secretary. Power Company (WWP) as PanEnergy Trading and Market Services, [FR Doc. 97–19735 Filed 7–25–97; 8:45 am] Transmission Customer in Docket No. ER97–2660–000. A copy of the filing L.L.C. BILLING CODE 6717±01±M was served upon WWP. Any person desiring to be heard to Any person desiring to be heard or to protest said filing should file a motion DEPARTMENT OF ENERGY protest said filing should file a motion to intervene or protest with the Federal to intervene or protest with the Federal Energy Regulatory Commission, 888 Federal Energy Regulatory Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. Commission First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of [Docket No. ER97±2659±000] and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 Puget Sound Energy, Inc.; Notice of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions Filing and 18 CFR 385.214). All such motions or protests should be filed on or before or protests should be filed on or before July 31, 1997. Protests will be July 22, 1997. August 1, 1997. Protests will be considered by the Commission in Take notice that on June 12, 1997, considered by the Commission in determining the appropriate action to be Puget Sound Energy, Inc., as determining the appropriate action to be taken, but will not serve to make Transmission Provider, requested to taken, but will not serve to make Protestants parties to the proceeding. withdraw its filing of the Service protestants parties to the proceeding. Any person wishing to become a party Agreement for Non-firm Point-To-Point Any person wishing to become a party must file a motion to intervene. Copies Transmission Service (Service must file a motion to intervene. Copies of this filing are on file with the Agreement) with British Columbia of this filing are on file with the 40346 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Commission and are available for public and 29.5 of Sierra Pacific’s open-access filing are on file with the Commission inspection. transmission tariff (FERC Original Vol. and are available for public inspection. Linwood A. Watson, Jr., No. 3), a proposed unexecuted Service Linwood A. Watson, Jr., Acting Secretary. Agreement for Network Integration Acting Secretary. [FR Doc. 97–19740 Filed 7–25–97; 8:45 am] Transmission Service to Truckee [FR Doc. 97–19741 Filed 7–25–97; 8:45 am] BILLING CODE 6717±01±M Donner Public Utility District (Truckee BILLING CODE 6717±01±M Donner). Sierra Pacific and Truckee Donner have been unable to agree on the DEPARTMENT OF ENERGY terms of service to be provided. Sierra DEPARTMENT OF ENERGY Pacific proposes an effective date of July Federal Energy Regulatory 5, 1997 for this proposed unexecuted Federal Energy Regulatory Commission Service Agreement. Commission Any person desiring to be heard or to [Docket No. ER97±3557±000] protest said filing should file a motion [Docket No. CP97±625±000] to intervene or protest with the Federal Puget Sound Energy, Inc.; Notice of Texas Gas Transmission Corporation; Energy Regulatory Commission, 888 Filing Notice of Application First Street, NE., Washington, DC 20426, July 22, 1997. in accordance with Rules 211 and 214 July 22, 1997. Take notice that on July 1, 1997, Puget of the Commission’s Rules of Practice Take notice that on July 9, 1997, Sound Energy, Inc., tendered for filing and Procedure (18 CFR 385.211 and 18 Texas Gas Transmission Corporation a Pro Forma Umbrella Service CFR 385.214). All such motions or (Texas Gas), P.O. Box 20008, Agreement for Firm Point-To-Point protests should be filed on or before July Owensboro, Kentucky 42304, filed an Transmission Service (Attachment A–1 23, 1997. Protests will be considered by application pursuant to Section 7(b) of to the Tariff) and a Pro Forma Umbrella the Commission in determining the the Natural Gas Act and Part 157 of the Service Agreement for Non-Firm Point- appropriate action to be taken, but will Commission’s Regulations for To-Point Transmission Service not serve to make protestants parties to permission and approval to abandon (Attachment B–1 to the Tariff). A copy the proceedings. Any person wishing to two interruptible transportation services of the filing was served on the parties become a party must file a motion to for CNG Transmission Corporation listed on the official service list. intervene. Copies of this filing are on (CNG), all as more fully set forth in the Any person desiring to be heard or to file with the Commission and are application which is on file with the protest said filing should file a motion available for public inspection. Commission and open to public to intervene or protest with the Federal Linwood A. Watson, Jr., inspection. Energy Regulatory Commission, 888 Acting Secretary. Texas Gas states that in Docket No. First Street, N.E., Washington, D.C. [FR Doc. 97–19747 Filed 7–25–97; 8:45 am] CP72–186, it was authorized to provide 20426, in accordance with Rules 211 BILLING CODE 6717±01±M transportation service for CNG pursuant and 214 of the Commission’s Rules of to an Interruptible Transportation Practice and Procedures (18 CFR Agreement dated December 27, 1971 385.211 and 18 CFR 385.214). All such DEPARTMENT OF ENERGY (Rate Schedule X–42). Likewise, in motions or protests should be filed on Docket No. CP78–331, Texas Gas was or before July 31, 1997. Protests will be Federal Energy Regulatory authorized to provide interruptible considered by the Commission in Commission transportation service for CNG pursuant determining the appropriate action to be to a Transportation Service Agreement [Docket No. ER97±2757±000] taken, but will not serve to make dated March 20, 1978 (Rate Schedule X– protestants parties to the proceedings. Southwestern Public Service 77). Texas Gas states that these Any person wishing to become a party Company; Notice of Filing transactions are no longer required or must file a motion to intervene. Copies appropriate. of this filing are on file with the July 22, 1997. Any person desiring to be heard or to Commission and are available for public Take notice that on June 18, 1997, make any protest with reference to said inspection. Southwestern Public Service Company application should, on or before August Linwood A. Watson, Jr., tendered for filing an amendment in the 12, 1997, file with the Federal Energy Acting Secretary. above-referenced docket. Regulatory Commission, 888 First [FR Doc. 97–19745 Filed 7–25–97; 8:45 am] Any person desiring to be heard or to Street, N.E., Washington, D.C. 20426, a BILLING CODE 6717±01±M protest said filing should file a motion motion to intervene or protest in to intervene or protest with the Federal accordance with the requirements of the Energy Regulatory Commission, 888 Commission’s Rules of Practice and DEPARTMENT OF ENERGY First Street, N.E., Washington, D.C. Procedure (18 CFR 385.214 or 385.211) 20426 in accordance with Rules 211 and and the Regulations under the Natural Federal Energy Regulatory 214 of the Commission’s Rules of Gas Act (18 CFR 157.10). All protests Commission Practice and Procedure (18 CFR 385.211 filed with the Commission will be and 18 CFR 385.214). All such motions considered by it in determining the [Docket No. ER97±3593±000] or protests should be filed on or before appropriate action to be taken but will Sierra Pacific Power Company; Notice July 31, 1997. Protests will be not serve to make the protestants parties of Filing considered by the Commission in to the proceeding. Any person wishing determining the appropriate action to be to become a party to a proceeding or to July 9, 1997. taken, but will not serve to make participate as a party in any hearing Take notice that on July 2, 1997, protestants parties the proceeding. Any therein must file a motion to intervene Sierra Pacific Power Company (Sierra person wishing to become a party must in accordance with the Commission’s Pacific) filed, pursuant to Section 29.1 file a motion to intervene. Copies of this Rules. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40347
Take further notice that, pursuant to 2. Woodruff Oil Company D.B.A., Transmission Service between Public the authority contained in and subject to Woodruff Energy Service Company of Colorado and PECO jurisdiction conferred upon the Federal [Docket No. ER97–3526–000] Energy Company—Power Team. Public Energy Regulatory Commission by Service states that the purpose of this Take notice that on June 26, 1997, Sections 7 and 15 of the Natural Gas Act filing is to provide Non-Firm Point-to- Woodruff Oil Company D.B.A. and the Commission’s Rules of Practice Point Transmission Service in Woodruff Energy (Woodruff) petitioned and Procedure, a hearing will be held accordance with its Open Access the Commission for acceptance of without further notice before the Transmission Service Tariff. Woodruff Rate Schedule FERC No. 1; Commission or its designee on this Comment date: August 1, 1997, in the granting of certain blanket application if no motion to intervene is accordance with Standard Paragraph E approvals, including the authority to filed within the time required herein, if at the end of this notice. sell electricity at market-based rates; the Commission on its own review of and the waiver of certain Commission 6. Public Service Company Of Colorado the matter finds that permission and Regulations. [Docket No. ER97–3533–000] approval of abandonment is required by Woodruff intends to engage in the public convenience and necessity. If wholesale electric power and energy Take notice that on June 30, 1997, a motion for leave to intervene is timely purchases and sales as a marketer. Public Service Company of Colorado filed, or if the Commission on its own Woodruff is not in the business of tendered for filing a Service Agreement motion believes that formal hearing is generating or transmitting electric for Non-Firm Point-to-Point required, further notice of such hearing power. Woodruff is a wholly owned Transmission Service between Public will be duly given. company in and of itself which engages Service Company of Colorado and Under the procedures herein provided in the purchase and sale of gasoline, oil, Williams Energy Services Company. for, unless otherwise advised, it will be and natural gas. Public Service states that the purpose of unnecessary for Texas Gas to appear or Comment date: August 1, 1997, in this filing is to provide Non-Firm Point- be represented at the hearing. accordance with Standard Paragraph E to-Point Transmission Service in Linwood A. Watson, Jr., at the end of this notice. accordance with its Open Access Acting Secretary. Transmission Service Tariff. 3. Western Resources, Inc. [FR Doc. 97–19729 Filed 7–25–97; 8:45 am] Comment date: August 1, 1997, in accordance with Standard Paragraph E BILLING CODE 6717±01±M [Docket No. ER97–3528–000] Take notice that on June 30, 1997, at the end of this notice. Western Resources, Inc. tendered for 7. Ohio Edison Company; Pennsylvania DEPARTMENT OF ENERGY filing amendments to existing firm Power Company transmission agreements with the Cities Federal Energy Regulatory of Fredonia, Mulvane and Neodesha, [Docket No. ER97–3534–000] Commission Kansas (Cities) that extend the Take notice that on June 30, 1997, termination date of the Cities’ current Ohio Edison Company tendered for [Docket No. ER97±3527±000, et al.] transmission transactions, as permitted filing on behalf of itself and by the agreements. The amendments are Pennsylvania Power Company, Service Western Resources, Inc., et al.; Electric proposed to become effective on June 1, Agreements with Illinois Power Rate and Corporate Regulation Filings 1997. Company and Entergy Power Marketing Copies of the filing were served upon Corp., under Ohio Edison’s Power Sales July 18, 1997. The City of Neodesha, Kansas, The City Tariff. This filing is made pursuant to Take notice that the following filings of Mulvane, Kansas, The City of § 205 of the Federal Power Act. have been made with the Commission: Fredonia, Kansas, and the Kansas Comment date: August 1, 1997, in 1. Western Resources, Inc. Corporation Commission. accordance with Standard Paragraph E Comment date: August 1, 1997, in at the end of this notice. [Docket No. ER97–3527–000] accordance with Standard Paragraph E 8. Cinergy Services, Inc. Take notice that on June 30, 1997, at the end of this notice. Western Resources, Inc. tendered for [Docket No. ER97–3535–000] filing two firm transmission agreements 4. UtiliCorp United Inc. Take notice that on June 30, 1997, between Western Resources and [Docket No. ER97–3529–000] Cinergy Services, Inc. (Cinergy), Utilicorp dba Missouri Public Service. Take notice that on June 30, 1997, tendered for filing a service agreement Western Resources states that the UtiliCorp United Inc. (UtiliCorp), filed under Cinergy’s Open Access purpose of the agreements is to permit service agreements with NGTS Energy Transmission Service Tariff (the Tariff) non-discriminatory access to the Services for service under its non-firm entered into between Cinergy and transmission facilities owned or point-to-point open access service tariff Southern Company Services, Inc. controlled by Western Resources in for its operating divisions Missouri (Southern). accordance with Western Resources’ Public Service and WestPlains Energy- Cinergy and Southern are requesting open access transmission tariff on file Kansas. an effective date of July 1, 1997. with the Commission. The agreements Comment date: August 1, 1997, in Comment date: August 1, 1997, in are proposed to become effective June accordance with Standard Paragraph E accordance with Standard Paragraph E 22, 1997, and June 23, 1997. at the end of this notice. at the end of this notice. Copies of the filing were served upon 5. Public Service Company of Colorado 9. Cleveland Electric Illuminating Utilicorp dba Missouri Public Service Company and The Toledo Edison and the Kansas Corporation [Docket No. ER97–3532–000] Company Commission. Take notice that on June 30, 1997, Comment date: August 1, 1997, in Public Service Company of Colorado [Docket No. ER97–3536–000] accordance with Standard Paragraph E tendered for filing a Service Agreement Take notice that on June 30, 1997, the at the end of this notice. for Non-Firm Point-to-Point Centerior Service Company as Agent for 40348 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
The Cleveland Electric Illuminating (Minnesota) (‘‘NSP’’), tendered for filing Comment date: August 1, 1997, in Company and The Toledo Edison a Non-Firm Point-to-Point Transmission accordance with Standard Paragraph E Company filed Service Agreements to Service Agreement between NSP and at the end of this notice. provide Non-Firm Point-to-Point NP Energy, Inc. 16. Louisville Gas and Electric Transmission Service for Vitol Gas & NSP requests that the Commission Company Electric, the Transmission Customer. accept the agreement effective June 8, Services are being provided under the 1997, and requests waiver of the [Docket No. ER97–3543–000] Centerior Open Access Transmission Commission’s notice requirements in Take notice that on June 30, 1997, Tariff submitted for filing by the Federal order for the agreement to be accepted Louisville Gas and Electric Company Energy Regulatory Commission in for filing on the date requested. (LG&E), tendered for filing an executed Docket No. OA96–204–000. The Comment date: August 1, 1997, in Non-Firm Point-to-Point Transmission proposed effective date under the accordance with Standard Paragraph E Service Agreement between LG&E and Service Agreement is May 30, 1997. at the end of this notice. CMS Marketing, Service and Trading Comment date: August 1, 1997, in Company under LG&E’s Open Access accordance with Standard Paragraph E 13. Northern States Power Company Transmission Tariff. at the end of this notice. (Minnesota) Comment date: August 1, 1997, in accordance with Standard Paragraph E 10. South Carolina Electric & Gas [Docket No. ER97–3540–000] at the end of this notice. Company Take notice that on June 30, 1997, [Docket No. ER97–3537–000] Northern States Power Company 17. Tampa Electric Company Take notice that on June 30, 1997, (Minnesota) (‘‘NSP’’), tendered for filing [Docket No. ER97–3544–000] South Carolina Electric & Gas Company a Non-Firm Point-to-Point Transmission Take notice that on June 30, 1997, (‘‘SCE&G’’), submitted a service Service Agreement between NSP and Tampa Electric Company (Tampa agreement establishing Louisville Gas Carolina Power & Light Company. Electric), tendered for filing service and Electric Company (‘‘LGEC’’) as a NSP requests that the Commission agreements with AIG Trading customer under the terms of SCE&G’s accept the agreement effective June 12, Corporation, Cinergy Services, Inc., Negotiated Market Sales Tariff. 1997, and requests waiver of the PECO Energy Company-Power Team, SCE&G requests an effective date of Commission’s notice requirements in Southern Company Services, Inc., and one day subsequent to the filing of the order for the agreement to be accepted Western Power Services, Inc. for non- service agreement. Accordingly, SCE&G for filing on the date requested. firm point-to-point transmission service requests waiver of the Commission’s Comment date: August 1, 1997, in under Tampa Electric’s open access notice requirements. Copies of this accordance with Standard Paragraph E transmission tariff. Tampa Electric also filing were served upon LGEC and the at the end of this notice. tendered for filing two service South Carolina Public Service 14. Northern States Power Company agreements with itself for firm point-to- Commission. (Minnesota) point transmission service under its Comment date: August 1, 1997, in open access transmission tariff. accordance with Standard Paragraph E [Docket No. ER97–3541–000] Tampa Electric proposes an effective at the end of this notice. Take notice that on June 30, 1997, date of June 1, 1997, for the service 11. Rochester Gas and Electric Northern States Power Company agreements, and therefore requests Corporation (Minnesota) (NSP), tendered for filing a waiver of the Commission’s notice Firm Point-to-Point Transmission requirement. [Docket No. ER97–3538–000] Service Agreement between NSP and Copies of the filing have been served Take notice that on June 30, 1997, Wisconsin Electric Power Company. on the other parties to the service Rochester Gas and Electric Corporation NSP requests that the Commission agreements and the Florida Public (RG&E), filed a Service Agreement accept the agreement effective June 9, Service Commission. Comment date: August 1, 1997, in between RG&E and the New York State 1997, and requests waiver of the accordance with Standard Paragraph E Electric & Gas (Customer). This Service Commission’s notice requirements in at the end of this notice. Agreement specifies that the Customer order for the agreements to be accepted has agreed to the rates, terms and for filing on the date requested. 18. Central Illinois Public Service conditions of the RG&E open access Comment date: August 1, 1997, in Company transmission tariff filed on July 9, 1996, accordance with Standard Paragraph E in Docket No. OA96–141–000. [Docket No. ER97–3545–000] RG&E requests waiver of the at the end of this notice. Take notice that on June 30, 1997, Commission’s sixty (60) day notice 15. Northern States Power Company Central Illinois Public Service Company requirements and an effective date of (Minnesota) (‘‘CIPS’’), tendered for filing a Service June 24, 1997, for the New York State Agreement for Network Integration [Docket No. ER97–3542–000] Electric & Gas Service Agreement. RG&E Transmission Service and a Network has served copies of the filing on the Take notice that on June 30, 1997, Operating Agreement under which CIPS New York State Public Service Northern States Power Company will provide Network Transmission Commission and on the Customer. (Minnesota)(NSP), tendered for filing Service to the Cinergy Operating Comment date: August 1, 1997, in the Firm Point-to-Point Transmission Companies (‘‘Cinergy Services’’) for the accordance with Standard Paragraph E Service Agreement between NSP and delivery of power and energy from at the end of this notice. Madison Gas & Electric Company. Cinergy Services to Southwestern NSP requests that the Commission 12. Northern States Power Company Electric Cooperative, Inc. accept the agreement effective June 1, (Minnesota) (‘‘Southwestern’’). Such service will be 1997, and requests waiver of the provided under CIPS’ Open Access [Docket No. ER97–3539–000] Commission’s notice requirements in Transmission Tariff. Take notice that on June 30, 1997, order for the agreement to be accepted CIPS seeks an effective date of June 1, Northern States Power Company for filing on the date requested. 1997, and, accordingly, seeks waiver of Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40349 the Commission’s notice requirements. III, 841 Chestnut Street (3HW70), ENVIRONMENTAL PROTECTION CIPS served copies of the filing on Philadelphia, PA 19107, or L. Nancy AGENCY Cinergy Services, Southwestern and the Birnbaum, U.S. EPA, 401 M Street, SW., Illinois Commerce Commission. Room 3134CY Mall (2129), Washington, [FRL±5864±5] Comment date: August 1, 1997, in DC 20460. Comments may also be faxed accordance with Standard Paragraph E to Ms. Atkinson at (215) 566–3114 or Ozone, Particulate Matter and Regional at the end of this notice. Ms. Birnbaum at (202) 401–6637. Haze Implementation Programs Standard Paragraph Comments will also be received via Subcommittee Meeting electronic mail sent to: E. Any person desiring to be heard or [email protected] or AGENCY: Environmental Protection to protest said filing should file a [email protected]. Agency (EPA). motion to intervene or protest with the Federal Energy Regulatory Commission, FOR FURTHER INFORMATION CONTACT: To ACTION: Notice of meeting. 888 First Street, N.E., Washington, D.C. obtain a copy of the proposed Final Project Agreement, Fact Sheet, or 20426, in accordance with Rules 211 SUMMARY: On September 11, 1995 (60 Question and Answer Document, and 214 of the Commission’s Rules of FR 47171), the EPA announced the contact: Cheryl Atkinson, U.S. EPA, Practice and Procedure (18 CFR 385.211 establishment of the Ozone, Particulate Region III, 841 Chestnut Street (3HW70), and 18 CFR 385.214). All such motions Matter and Regional Haze or protests should be filed on or before Philadelphia, PA 19107, or L. Nancy Birnbaum, U.S. EPA, 401 M Street, SW., Implementation Programs the comment date. Protests will be Subcommittee under the Clean Air Act considered by the Commission in Room 3134CY Mall (2129), Washington, DC 20460. The documents are also Advisory Committee (CAAAC). The determining the appropriate action to be CAAAC was established on November taken, but will not serve to make available via the Internet at the 8, 1990 (55 FR 46992) pursuant to the protestants parties to the proceeding. following location: ‘‘http:// Federal Advisory Committee Act Any person wishing to become a party www.epa.gov/ProjectXL’’. In addition, must file a motion to intervene. Copies public files on the Project are located at (FACA) (5 U.S.C. app I). The purpose of of this filing are on file with the both the local Sistersville library and the Subcommittee is to provide advice Commission and are available for public EPA Region III in Philadelphia. and recommendations on integrated inspection. Questions to EPA regarding the approaches for implementing Lois D. Cashell, documents can be directed to Cheryl potentially new national ambient air Atkinson at (215) 566–3392 or L. Nancy quality standards (NAAQS) for ozone Secretary. Birnbaum at (202) 260–2601. To be and particulate matter, as well as a [FR Doc. 97–19756 Filed 7–25–97; 8:45 am] included on the OSi Project XL mailing regional haze program. BILLING CODE 6717±01±P list to receive information about future public meetings, XL progress reports DATES: Notice is hereby given that the and other mailings from OSi on the XL Subcommittee for Development of ENVIRONMENTAL PROTECTION Project, contact: Okey Tucker, OSi Ozone, Particulate Matter and Regional AGENCY Specialties, Inc., Witco Corporation Haze Implementation Programs will [FRL±5865±1] OrganoSilicones Group, 1500 South hold its next public meeting on State Route 2, Friendly, WV 26146. Mr. Wednesday, August 13, 1997 (from 8:30 Regulatory Reinvention (XL) Pilot Tucker can also be reached by telephone a.m. to 6:00 p.m.) and Thursday, August Projects at (304) 652–8131. For information on 14, 1997 (from 8:30 a.m. to 5:00 p.m.). all other aspects of the XL Program AGENCY: ADDRESSES: The public meeting will be Environmental Protection contact Christopher Knopes at the held at the Doubletree Columbia River, Agency (EPA). following address: Emerging Sectors and 1401 N. Hayden Island Drive, Portland ACTION: Extension of comment period Strategies Division; United States for Project XL Draft Final Project Environmental Protection Agency; 3202 Oregon, telephone (503) 283–2111. Agreement. Mall; 401 M Street, SW.; Mail Code FOR FURTHER INFORMATION CONTACT: For SUMMARY: On June 27, 1997, EPA 2129; Washington, DC 20460. The further information on the published a Notice of availability of OSi telephone number for the Division is Subcommittee for Development of Project XL Draft Final Project (202) 260–5754. The facsimile number Ozone, Particulate Matter and Regional Agreement (FPA) and Related is (202) 401–6637. Additional Haze Implementation Programs, please Documents for OSi Specialties, Inc. (a information on Project XL, including contact Mr. William F. Hamilton, subsidiary of Witco Corporation) in documents referenced in this notice, Designated Federal Officer, at 919–541– Sistersville, West Virginia [FRL–5849–5 other EPA policy documents related to 5498, or by mail at U.S. EPA, Office of 62 FR 34748–34749]. The original Project XL, regional XL contacts, Air Quality Planning and Standards, comment period was thirty-one (31) application information, and MD–12, Research Triangle Park, NC days from the date of publication. EPA descriptions of existing XL projects and 27711. When a draft agenda is has received a request to extend the proposals, is available via the Internet at developed, a copy can be downloaded comment period. EPA is today granting ‘‘http://www.epa.gov/ProjectXL’’ and from the: (1) Ozone/Particulate Matter/ via an automated fax-on-demand menu a thirty (30) day extension from July 28, Regional Haze FACA Bulletin Board, at (202) 260–8590. 1997 to August 27, 1997 for comments which is located on the Office of Air on the proposed OSi Project XL FPA. Dated: July 23, 1997. Quality Planning and Standards DATES: The period for submission of Christopher Knopes, Technology Transfer Network (OAQPS comments ends on August 27, 1997. Acting Director, Emerging Sectors and TTN); (2) the OAQPS TTN Web Site ADDRESSES: All comments on the Draft Strategies Division. (http://ttnwww.rtpnc.epa.gov); or (3) by Final Project Agreement should be sent [FR Doc. 97–19883 Filed 7–25–97; 8:45 am] contacting Ms. Denise M. Gerth at 919– to: Cheryl Atkinson, U.S. EPA, Region BILLING CODE 6560±50±U 541–5550. 40350 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Dated: July 21, 1997. ×5 responses annually; 800 total annual expanded local calling service (ELCS) 4 John S. Seitz, burden hours. between communities that lie on Director, Office of Air Quality Planning and Estimated Annual Reporting and different sides of existing LATA Standards. Recordkeeping Cost Burden: $0. boundaries (ELCS requests).5 The [FR Doc. 97–19796 Filed 7–25–97; 8:45 am] Frequency of Response: On occasion. petitions were placed on public notice 6 7 BILLING CODE 6560±50±P Needs and Uses: The Commission has and comments and replies were filed. provided voluntary guidelines for filing 2. There are 24 ELCS requests before expanded local calling service requests. the Commission.8 For the reasons FEDERAL COMMUNICATIONS These guidelines will allow the discussed below, we grant 23 of the COMMISSION Commission to conduct smooth and ELCS requests and order amendment of continuous processing of these requests. one request.9 We also provide [CC Docket No. 96±159; FCC 97±244] The collection of information will guidelines for future ELCS requests. Petitions for Limited Modification of enable the Commission to determine if II. Background LATA Boundaries to Provide Expanded there is a public need for expanded local calling service in each area subject A. ELCS Requests Under the Consent Local Calling Service (ELCS) at Decree Various Locations to the request. Your response is voluntary. 3. On August 24, 1982, the United AGENCY: Federal Communications Public reporting burden for the States District Court for the District of Commission. collection of information is as noted Columbia (Court) entered an order ACTION: Notice. above. Send comments regarding the (Consent Decree) that required AT&T to burden estimate or any other aspect of divest its ownership of the BOCs.10 The SUMMARY: In this Memorandum Opinion the collection of information, including and Order adopted July 3, 1997 and suggestions for reducing the burden to 4 A local calling area consists of one or more released July 15, 1997, the Commission Performance Evaluation and Records telephone exchanges and is an area within which grants 23 requests for limited subscribers can place calls without incurring any Management, Washington, DC 20554. modification of local access and additional charge over their regular monthly service An agency may not conduct or sponsor charge. See United States v. Western Electric, 569 transport area (LATA) boundaries to and a person is not required to respond F. Supp. 990, 1003 n.59 (D.D.C. 1983) (hereinafter permit certain Bell Operating to a collection of information unless it Western Electric). Local calling areas are established Companies (BOCs) to provide expanded by state regulatory commissions. See id. at 990, displays a currently valid control local calling service (ELCS) in various 1002 n.54. ELCS (also known as extended area number. service or EAS) allows local telephone service rates communities. The order also sets forth to apply to nearby telephone exchanges, thus guidelines for future LATA modification Synopsis of Memorandum Opinion and providing an expanded local calling area. See id. requests. The order will allow the BOCs Order 5 These LATA modification requests are to provide ELCS in communities whose summarized in Appendix B. I. Introduction 6 See Public Notice, ‘‘Commission Seeks borders extend accross existing LATA Comment on Petitions for Waiver of LATA boundaries. 1. Five Bell Operating Companies Boundaries to Provide Expanded Local Calling FOR FURTHER INFORMATION CONTACT: (BOCs) have filed petitions 1 with the Service in Texas and North Carolina,’’ DA 96–1190, Commission requesting relief from the released July 26, 1996 (First Public Notice); Public Pamela Gerr, (202) 418–2357, or Robin Notice, ‘‘Comment Requested on Petitions for Smolen, (202) 418–2353, both of the effects of certain local access and Limited Modification of LATA Boundaries to Network Services Division, Common transport area (LATA) boundaries.2 The Provide: (1) Expanded Local Calling Service (ELCS) Carrier Bureau. petitions were filed pursuant to section in Nebraska, North Carolina, Ohio, Oregon, 3(25) of the Communications Act of Pennsylvania, Texas, and Virginia, and Between SUPPLEMENTARY INFORMATION: This is a Ohio and West Virginia, and Virginia and West synopsis of the Commission’s 1934, as amended, which permits Virginia; and (2) Integrated Services Digital Memorandum Opinion and Order, (FCC modification of LATA boundaries by Network (ISDN) in Hearne, Texas,’’ DA 97–109, released January 15, 1997 (Second Public Notice). 97–244) adopted on July 3, 1997 and Bell Operating Companies (BOCs), if such modifications are approved by the 7 Comments were filed by AT&T Corp. (AT&T), released on July 15, 1997. The full text Intelcom Group (U.S.A.), Inc. (Intelcom), the North 3 of this Order is available for inspection Commission. The petitions request Carolina Utilities Commission and the Public Staff- and copying during normal business LATA relief in order to provide North Carolina Utilities Commission (North Carolina PUC), the Public Utilities Commission of hours in the FCC Reference Center Ohio (Ohio PUC), the Virginia State Corporation (Room 239), 1919 M Street NW, 1 Petitions were filed by Ameritech, Bell Atlantic, Commission (Virginia Commission), and Western Washington, DC 20554. The complete BellSouth Telecommunications, Inc. (BellSouth), Reserve Telephone Company (Western Reserve). Southwestern Bell Telephone Company (SWBT), Reply comments were filed by BellSouth, the North text may also be purchased from the and US West Communications, Inc. (US West). Carolina PUC, and Southwestern Bell. Numerous Commission’s copy contractor, These petitions and the associated LATA informal comments were also filed by individuals, International Transcription Service, modification requests are listed in Appendix A. A businesses, and local government entities in Inc., (202) 857–3800, 1231 20th Street LATA modification (LM) file number has been support of individual LATA modification requests. assigned to each request. See Appendix A. 8 SWBT’s petition for LATA relief in order to NW, Washington, DC 20036. 2 LATAs define the geographic areas within provide integrated services digital network (ISDN) Paperwork Reduction Act which a BOC may provide service. See infra paras. in the Hearne, Texas LATA, see supra note 6, and 3, 9. A LATA is defined as ‘‘a contiguous Ameritech’s request to provide ELCS from the OMB Control No.: 3060–0782. geographic area (A) established before the date of Aurora, Northfield and Twinsburg, Ohio exchanges Expiration Date: 01/31/98. enactment of the Telecommunications Act of 1996 to the Akron, Ohio exchange, see id.; see also Public Title: Petitions for Limited by a Bell operating company such that no exchange Notice, ‘‘Commission Requests Comment on area includes points within more than 1 Whether Section 271 of the Communications Act Modification of LATA Boundaries to metropolitan statistical area, consolidated Authorizes Ameritech to Carry Certain ELCS Traffic Provide Expanded Local Calling Service metropolitan statistical area, or State, except as Across a LATA Boundary,’’ released June 27, 1997, (ELCS) at Various Locations. expressly permitted under the AT&T Consent will be addressed in separate orders. Form No.: N/A. Decree; or (B) established or modified by a Bell 9 See US West’s Scio/Albany request, NSD–LM– Respondents: Business or other for operating company after such date of enactment 97–25, Appendix A. and approved by the Commission.’’ Section 3(25) of 10 United States v. American Telephone and profit. the Communications Act of 1934, as amended, 47 Telegraph Co., 552 F. Supp. 131 (D.D.C. 1982), aff’d Estimated Annual Burden: 20 U.S.C. 153(25). sub nom. Maryland v. United States, 460 U.S. 1001 respondents; 8 hours per response (avg). 3 See 47 U.S.C. 153(25). (1983). Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40351
Court divided all Bell territory in the If the proposed ELCS route was monthly service charge (the plan continental United States into intraLATA it could be ordered by the involves a flat-rate), and all subscribers geographic areas called LATAs.11 Under state commission; if the route was in the exchange are included in the plan the Consent Decree, the BOCs were interLATA, the BOC would also have to (the plan is non-optional).29 The Court permitted to provide telephone service obtain a waiver from the Court. The refused, however, to grant waivers for within a LATA (intraLATA service), but Court developed a streamlined process optional or measured-rate ELCS plans.30 were not permitted to carry traffic across for handling such requests both because Under optional plans, subscribers may LATA boundaries (interLATA of the large number of requests involved chose to pay an additional monthly service).12 InterLATA traffic was to be and because most of the requests were charge for an expanded local calling carried by interexchange carriers.13 non-controversial. Under this process, area,31 while under measured-rate plans, 4. The LATAs did not cover territory the BOC would submit its waiver subscribers pay measured-rates based on served by independent telephone request to the Department of Justice such factors as duration, distance, and companies (ITCs).14 The Court, (DOJ). DOJ would review the request time of day.32 The Court found that however, did classify some independent and then submit the request to the Court granting waivers for such ELCS exchanges as ‘‘associated’’ with a along with DOJ’s recommendation. arrangements could have an particular LATA.15 Traffic between a 7. In evaluating such requests, DOJ anticompetitive effect because these LATA and an associated exchange was and the Court considered the number of services were similar to the toll service treated as intraLATA, and could be customers or access lines involved.23 normally provided by interexchange carried by the BOC, while traffic They also considered whether there was carriers, and that these arrangements between a LATA and an unassociated a sufficiently strong community of were basically discounted toll service exchange was treated as interLATA, and interest between the exchanges to justify for calls that would otherwise be carried could not be carried by the BOC.16 The granting a waiver of the Consent Decree competitively.33 The Court was ITCs were not subject to the restrictions to allow local calling.24 In particular, especially concerned that the discount imposed by the Consent Decree, and they considered the state commission’s appeared to result from the fact that could carry traffic regardless of whether community of interest finding and any BOCs, unlike interexchange carriers, did that traffic crossed LATA boundaries.17 additional evidence supporting this not have to pay access charges on such 5. In establishing the LATAs, the finding. A community of interest could calls.34 The Court also noted that, in the Court recognized that there were be demonstrated by such evidence as: case of optional or measured-rate plans, existing local calling areas 18 that would (1) Poll results indicating that customers the state commission had not found a cross the newly created LATA in the affected exchange were willing to sufficient community of interest boundaries.19 The Court stated that the pay higher rates to be included in an between the exchanges to justify LATAs were not intended to interfere expanded local calling area; 25 (2) usage traditional local service, (i.e., flat-rate, with local calling areas that had been data indicating a high level of calling non-optional ELCS).35 Finally, the Court established by state regulators.20 between the exchanges; and (3) expressed concern that allowing new Accordingly, the Court granted narrative statements describing how the exceptions for measured-rate or optional ‘‘exceptions’’ to permit BOCs to carry two exchanges were part of one plans could lead to a ‘‘piecemeal interLATA traffic if necessary to community and how the lack of local dismantling’’ of the prohibition on the 21 preserve existing ELCS arrangements. calling between the exchanges caused BOCs’’ provision of interLATA The Court found that such exceptions problems for community residents.26 service.36 were consistent with the purposes of the The Court was willing to grant waivers Consent Decree because (1) they were when the competitive effects were B. ELCS Requests Under the limited in scope, (2) they would avoid minimal and a sufficient community of Telecommunications Act of 1996 additional charges being imposed on interest across LATA boundaries was 9. On February 8, 1996, the ratepayers, and (3) it was unlikely that shown.27 The Court frequently granted Telecommunications Act of 1996 (1996 toll traffic potentially subject to waivers to permit interLATA ELCS. Act) became law, amending the competition would be affected.22 8. The Court granted waivers for more Communications Act of 1934 (Act).37 6. The Court subsequently received than a hundred flat-rate, non-optional Pursuant to the 1996 Act, matters more than a hundred requests for ELCS plans 28 that allow the provision of previously subject to the Consent Decree waivers of the Consent Decree to permit traditional local telephone service are now governed by the Act.38 Section new interLATA ELCS routes. The between nearby exchanges. Under such requests for new ELCS routes were plans, subscribers pay no extra charge 29 Id. generally initiated by local subscribers for calls beyond their established 30 See e.g., Western Electric, 569 F. Supp. at 1002 who asked their state commission to n.54 (optional ELCS plans denied); May 1993 Order approve an expanded local calling area. 23 See United States v. Western Electric Company, (optional ELCS plan denied); Dec. 3, 1993 Order Inc., No. 82–0192, slip op. at 3 n.8 (D.D.C. July 19, (measured-rate ELCS plan denied); Dec. 17, 1993 Order (measured-rate, optional ELCS plan denied). 11 1984) (hereinafter July 1984 Order). See Western Electric, 569 F. Supp. at 993, 994. 31 24 Id. 12 Id. at 994. See e.g., United States v. Western Electric Company, Inc., No. 82–0192 slip op. at 2, 3 n.3 32 See Dec. 3, 1993 Order. 13 Id. (D.D.C. Jan. 31, 1985) (hereinafter Jan. 1985 Order); 33 See Western Electric, 569 F. Supp. at 1001, 14 See id. at 1008 n.85. United States v. Western Electric Company, Inc., 1002 n.54; Dec. 17, 1993 Order at 3–4; Dec. 3, 1993 15 See United States v.Western Electric Co., Inc., No. 82–0192 (D.D.C. Dec. 3, 1993) (hereinafter Dec. Order. 569 F. Supp. 1057, 1110–13 & n.234 (D.D.C. 1983). 3, 1993 Order); United States v. Western Electric 34 Dec. 17, 1993 Order at 5. 16 See id.; Western Electric, 569 F. Supp. at 1008– Company, Inc., No. 82–0192 (D.D.C. Dec. 17, 1993) 35 See id. at 4; See also May 1993 Order, at 4. 09. (hereinafter Dec. 17, 1993 Order). 36 See May 18, 1993 Order at 4. 17 Western Electric, 569 F. Supp. at 1008, 1010, 25 See July 1984 Order, at 2 n.5. 37 Pub. L. 104–104, 110 Stat. 56 (1996). 1113. 26 See Jan. 1985 Order, at 2–3 & n.3. 38 Section 601(a)(1) of the 1996 Act states that 18 See supra note 4. 27 See July 1984 Order; Jan. 1985 Order; United ‘‘(a)ny conduct or activity that was, before the date 19 Western Electric, 569 F. Supp. at 995, 1002 States v. Western Electric Company, Inc., No. 82– of enactment of this Act, subject to any restriction n.54. 0192, slip op. at 2 (D.D.C. May 18, 1993) or obligation imposed by the AT&T Consent Decree 20 Id. at 995. (hereinafter May 1993 Order). shall, on and after such date, be subject to the 21 Id. at 1002 n.54. 28 See e.g., Western Electric, 569 F. Supp. at 1002 restrictions and obligations imposed by the 22 Id. n.54; July 1984 Order; Jan. 1985 Order. Continued 40352 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
271(b)(1) of the Act prohibits a BOC the limited purpose of providing the a LATA boundary modification to from providing ‘‘interLATA services specific service indicated in the request. permit ELCS between the Waverly and originating in any of its ‘‘in-region’’ The Commission further stated that the Wakefield exchanges in Virginia States’’ 39 until the BOC takes certain LATA boundaries would remain (Virginia Commission’s Waverly/ steps to open its own market to unchanged for all other purposes. Wakefield request). 54 This request was not included in any of the LATA competition and the Commission III. Comments approves the BOC’s application to modification petitions previously filed provide such service.40 In addition, 11. In response to the First Public with the Commission.55 Notice, formal comments or reply while the Commission may forbear from IV. Discussion applying certain provisions of the Act comments were filed by AT&T, under certain circumstances,41 the BellSouth, Intelcom, 46 the North A. General Considerations Carolina PUC, and SWBT. AT&T states Commission may not forbear from 13. Section 3(25) of the Act defines 42 that the Commission lacks authority to section 271. Section 3(25)(B) of the LATA as those areas established prior to waive LATA boundaries and that the Act provides that BOCs may modify enactment of the 1996 Act or petitions can only be properly LATA boundaries, if such modifications established or modified by a BOC after characterized as LATA modification are approved by the Commission.43 such date of enactment and approved by requests if they propose to move a 10. Since passage of the 1996 Act, the the Commission. Section 271 of the Act LATA boundary so that certain calls Commission has received six petitions prohibits a BOC from providing previously classified as intraLATA are requesting LATA relief in order that interLATA services until such time as now interLATA, and other calls ELCS can be offered. On July 26, 1996 certain enumerated conditions are previously classified as interLATA are the Commission issued a public notice satisfied. Section 10(d) prohibits the now intraLATA.47 AT&T further requesting comment on petitions filed Commission from forbearing from contends that such LATA modification by BellSouth and SWBT for a ‘‘waiver’’ applying the requirements of section requests raise serious competitive issues of LATA boundaries.44 On January 15, 271. Thus, for a BOC to provide service because, if granted, they will completely 1997 the Commission issued a Second on a new ELCS route that crosses displace the interexchange carrier Public Notice requesting comment on existing LATA boundaries, the statute currently providing that service.48 AT&T petitions filed by Ameritech, Bell appears to require that BOC either to also states that granting such requests Atlantic, and US West, and allowing modify the LATA so that the route no could allow a BOC to ‘‘chip away’’ at additional comment on the petitions longer crosses a LATA boundary and the prohibition against its provision of previously filed by BellSouth and obtain Commission approval therefor, or in-region interLATA service prior to SWBT.45 The Second Public Notice satisfy the requirements of section 271. meeting the requirements of Section stated that, although several of the 14. The state commissions have 271, thus reducing the BOCs’ incentive petitions describe the relief requested as determined that certain communities to open its own local market to a ‘‘waiver’’ of LATA boundaries, all of have an immediate need for traditional competition.49 Accordingly, AT&T the petitions cited section 3(25) as the local telephone service.56 None of the concludes that LATA modifications basis of the Commission’s jurisdiction to BOCs, however, have yet met the should be granted ‘‘sparingly, if at act upon these requests. Accordingly, section 271 requirements and there is no all.’’ 50 Like AT&T, Intelcom also has the Commission stated that it would time limit by which they must do so. expressed concern about possible Thus, requiring the BOCs to meet the treat all of these petitions as requests for anticompetitive effects 51 and states that modification of LATA boundaries for section 271 requirements would not be the Commission should approach these the most expeditious way to ensure that and future LATA modification requests Communications Act of 1934 as amended by this 52 local telephone service can be provided Act and shall not be subject to the restrictions and with caution. Intelcom, however, takes to these communities in a timely obligations imposed by such Consent Decree.’’ On no position on the current petitions and manner. Furthermore, the section 271 April 11, 1996, the Court issued an order states that the proposed modifications requirements were intended to ensure terminating the AT&T Consent Decree and would appear to have no more than a de dismissing all pending motions under the Consent 53 that BOCs do not prematurely enter into Decree as moot, effective February 8, 1996. See minimis effect on competition. the interexchange market. Given the United States v. Western Electric Company, Inc., BellSouth, the North Carolina PUC, and small number of access lines involved No. 82–0192, 1996 WL 255904 (D.D.C. Apr. 11, SWBT all strongly support the grant of for each of the proposed ELCS areas in 1996). particular ELCS requests. 39 the petitions before the Commission, as Section 271(i)(1) of the Act defines ‘‘in-region 12. In response to the Second Public State’’ as a state in which a Bell operating company well as the type of service to be offered Notice, comments were filed by the or any of its affiliates was authorized to provide (i.e., traditional local service), it is Ohio PUC, the Virginia Commission and wireline telephone exchange service pursuant to the highly unlikely that provision of ELCS reorganization plan approved under the Consent Western Reserve. These petitions all service would reduce a BOC’s Decree, as in effect on the day before the date of support granting particular ELCS motivation to open its own market to enactment of the Telecommunications Act of 1996. requests. The Virginia Commission, in 47 U.S.C. 271(i)(1). Section 3(21) of the Act defines competition. Similarly, the small its comments, also requests approval for ‘‘interLATA service’’ as ‘‘telecommunications volume of traffic would seem between a point located in a local access and inconsequential to any interexchange transport area and a point located outside such 46 Intelcom states that it is a provider of area.’’ 47 U.S.C. 153(21). competitive local access services and that it carrier. Thus, requiring the BOCs to 40 47 U.S.C. 271(b)(1). Section 271(f), however, operates networks in numerous parts of the country meet the section 271 requirements prior provides that BOCs are not prohibited from including some of the LATAs affected by the to offering this service would not further engaging in an activity to the extent that such petitions in this proceeding. Intelcom Comments at Congress’s intent to guard against activity was previously authorized by the Court. See 2–3. 47 U.S.C. 271(f). Thus, BOCs may continue to serve 47 AT&T Comments at 2–3. competitive abuses. previously authorized interLATA ELCS routes. Id. 48 Id. at 4. 15. While it appears that LATA 41 See 47 U.S.C. § 160(a). 49 Id. modification is the preferable means by 42 See 47 U.S.C. § 160(d). 50 Id. at 5. 43 See 47 U.S.C. § 153(25)(B). 51 Intelcom Comments at 3–4. 54 See Virginia Commission Comments at 1–2. 44 See supra note 6. 52 Id. at 4. 55 See supra para. 10. 45 Id. 53 Id. 56 See infra para. 18. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40353 which the BOCs can achieve the goal of find that this weighing can best be of traffic and the type of service providing ELCS service, a modification accomplished by considering those involved, we find that the proposed of the boundary for all purposes in order factors previously considered by the modifications will not have a significant to accommodate the ELCS routes could Court.57 anticompetitive effect on the be counterproductive. If an exchange interexchange market or on the BOCs’ B. ELCS Requests were moved to another LATA for all incentive to open their own markets to purposes, any existing local calling 1. Flat-rate, Non-optional ELCS competition. Finally, we note that routes between that exchange and the several commenters strongly urge the original LATA would be lost because 18. Twenty-three of the pending Commission to grant particular ELCS such traffic would now be interLATA requests seek limited modifications of requests,61 and that no commenter has and could no longer be carried by the LATA boundaries in order to provide argued that any one of these 23 requests BOC. Instead the traffic would generally flat-rate, non-optional ELCS (i.e., should be denied. be carried by an interexchange carrier traditional local service).58 We find that 19. We conclude that, in each of the charging long distance rates. these twenty-three requests demonstrate twenty-three requests, the need for the Consequently, such action could merely a strong community need for the proposed ELCS routes outweighs the shift the same problem from one proposed ELCS routes. We note that risk of potential anticompetitive effects. community to another. each of the proposed ELCS routes, in the Furthermore, we are approving these 16. Thus, we believe that LATA twenty-three requests, was approved by modifications solely for the limited modifications for a ‘‘limited purpose’’ a state commission. Furthermore, each purpose of allowing the BOC to provide that would authorize BOCs to provide request includes a demonstration of a particular type of service, namely, flat- only flat-rate, non-optional local calling need for the proposed modification.59 In rate, non-optional local calling service, service between specific exchanges, particular, each request indicates that between specific exchanges or would best achieve the desired goals the ELCS route was approved after the geographic areas.62 In each case, the discussed in paragraph 14. Modification state commission found there was a LATA is not modified to permit the of the LATA for the limited purpose of sufficient community of interest BOC to offer any other type of service, providing the ELCS routes would avoid between the exchanges to justify such or calls that originate or terminate the anomalous situations described service. Each request also documented outside the specified areas. Thus, flat- above. In addition, limited this community of interest through rate, non-optional ELCS between the modifications would reduce the additional evidence including: (1) Poll specified exchanges will be deemed potential for anticompetitive effects to a results showing that subscribers were intraLATA, and the provisions of the greater degree than general LATA willing to pay higher monthly rates in Act governing intraLATA service will modifications because the former limit order to be included in the expanded apply.63 Other types of service between the amount of additional traffic that the local calling area; (2) usage data the specified exchanges will be deemed BOC may carry whereas the latter would showing a high level of calling between interLATA, and the provisions of the permit the BOC to offer any type of the potentially affected exchanges; and Act governing interLATA service will service, including toll service, between (3) narrative statements explaining why apply.64 the new exchange and any other point the exchanges to be part of the ELCS 2. Measured-Rate, Optional ELCS in its LATA. area should be considered part of one 17. LATA modification for a limited community. These statements indicated 20. US West requests a LATA purpose is both consistent with the that many community services (such as modification in order to provide statute and serves the public interest. hospitals, doctors offices, schools, measured-rate, optional ELCS from its Nothing in the statute or legislative stores, public transportation facilities, Albany exchange in the Eugene, Oregon history indicates that a LATA cannot be and government offices) were located in LATA to the Scio Mutual Telephone modified for a limited purpose. As a nearby community in the adjacent Association’s Scio exchange.65 US West explained above, LATA waiver requests LATA, and that the need to make states that the Oregon state commission to permit precisely the type of ELCS interLATA toll calls for such services requires carriers to offer both flat-and traffic at issue here were regularly and caused significant expenses for measured-rate options for all ELCS 66 routinely granted by the Court under the residents. We note that granting ELCS routes in the state. Accordingly, US terms of the AT&T Consent Decree. petitions removes the proposed routes West’s plan would offer subscribers the Although Congress did not include from the competitive interexchange corresponding authority when it market and that some LATA exchange. Id. (summary of Bell Atlantic’s amended the Communications Act, Gloucester requests). modifications could reduce the BOCs’ 61 See Comments of BellSouth, the North Carolina Congress did acknowledge the possible incentive to open their own markets to PUC, the Ohio PUC, SWBT, the Virginia need for changes to the LATA competition pursuant to section 271. Commission and Western Reserve. There were also boundaries by enacting section 3(25). The LATA modifications proposed here, numerous informal comments from local residents, businesses and local government entities Nothing in either the statute or the however, would expand the petitioning legislative history suggests a decision by supporting various ELCS requests. BOCs’ provision of local service to 62 See Appendix A. Congress intentionally to eliminate the limited areas and each request involves 63 The BOC can provide the service without ability of a locality, with a demonstrated only a small number of customers or meeting the section 271 requirements, see 47 U.S.C. community of interest that happens to access lines.60 Given the limited amount § 271(a), and a separate affiliate is not required. See straddle a LATA boundary, to obtain 47 U.S.C. 272(a)(2)(B). 64 The BOC cannot provide other types of service reasonably priced telephone service. 57 See supra paras. 7–8 (describing factors (such as measured-rate, optional, or toll service) Thus a broad reading of the term considered by the Court). between the specified exchanges without meeting ‘‘modify’’ in section 3(25) is reasonable. 58 These 23 requests are summarized in Appendix the section 271 requirements, see 47 U.S.C. 271(a). Moreover, we will consider each B. 65 See US West’s Scio/Albany request, individual request carefully, weighing 59 See id. Appendices A and B. 60 the community need for the The number of customers in these exchanges 66 This policy is intended to ‘‘avoid the potential ranged from 724 in the Claremont exchange, see inequity created by flat-rate (ELCS) whereby low- modification against the potential harm Appendix B (summary of Bell Atlantic’s Claremont/ volume users support the high volume (ELCS) from BOC anticompetitive activity. We Waverly request), to 7,495 in the Gloucester users.’’ See US West Petition, Appendix A at 8. 40354 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices following options: (1) Unlimited calling measured-rate plans for the reasons Second, we ask that each individual for a flat monthly charge; (2) a ‘‘usage discussed above. ELCS LATA modification request be the only’’ option in which calls are charged 22. We note, however, that the Scio/ subject of a separate petition.78 Third, at a set rate per minute; and (3) a three Albany request was placed on public we request that each petition be labeled or six hour ‘‘measured usage’’ package.67 notice and that no objections were filed. ‘‘Request for Limited Modification of US West argues that the proposed ELCS Moreover, because of its general policy LATA Boundaries to Provide ELCS plan is not the type of ‘‘optional’’ plan requiring both flat-and measured-rate Between the (exchange name) and the previously rejected by the Court because options on all ELCS routes, the state (exchange name).’’ Finally, we request subscribers would have to select one of commission apparently never that each ELCS petition include the the ELCS plans, and could not choose considered whether a sufficient following information, under separately between the ELCS plan and the service community of interest existed between numbered and labeled categories, as offered by an interexchange carrier.68 the Albany and Scio exchanges to justify indicated below: US West also states that the Scio flat-rate, non-optional ELCS. Under (1) Type of service (e.g., flat-rate, non- exchange has approximately 1600 these circumstances, we find that the optional ELCS); access lines,69 and that the state public interest will best be served by (2) Direction of service (one-way, two- commission found there was a our giving US West an opportunity to way; if one-way, indicate direction of ‘‘community of interest’’ between the seek further clarification from the state service); exchanges and that the ELCS route was commission. Accordingly, we direct US (3) Exchanges involved (identity name necessary to meet the ‘‘critical needs’’ of West to amend its request within 60 of each exchange, the LATA and state in Scio exchange customers.70 days of the release date of this order to which each exchange is located; if an state whether it has obtained a further exchange is located in independent 21. We do not approve this proposed ruling from the state commission that territory, indicate the LATA, if any, LATA modification. US West’s request addresses whether there is a sufficient with which the exchange is is related to a measured-rate optional community of interest to warrant flat- associated);79 ELCS plan. Furthermore, although the rate, non-optional ELCS between the (4) Name of carriers (name of carrier state commission found that there was Albany and Scio exchanges and states providing local service in each a ‘‘community of interest’’ between the whether such service has been exchange); exchanges, it did not make a specific approved.72 If no amendment is filed (5) State commission approval finding that there was a sufficient within the 60 day period, the request (include a copy of that approval); community of interest to warrant will be dismissed without prejudice (6) Number of access lines or traditional local service (i.e., flat-rate, pursuant to Section 1.748 of the customers (for each exchange); non-optional ELCS). Subscribers Commission’s rules.73 (7) Usage data (e.g., average number generally can be expected to prefer, and V. Future LATA Modification Requests of calls per access line per month from to benefit from, reduced rate service to exchange A to exchange B, from nearby areas but ELCS plans with 23. The Common Carrier Bureau has exchange B to exchange A, and, if optional or measured-rate elements are authority to act on petitions to modify available, percent of subscribers making similar to the toll services traditionally LATA boundaries, consistent with the such calls each month); offered by interexchange carriers. We principles established in this order, (8) Poll results (for each exchange in find that modifying a LATA boundary pursuant to the delegation of authority which a poll was required by applicable in order to permit a BOC to provide contained in §§ 0.91 and 0.291 of the state procedures and conducted in 74 measured-rate service would allow the Commission’s rules. We conclude that accordance with those procedures. BOC to provide what would otherwise the following set of guidelines will Indicate the amount of proposed rate be interLATA toll service without first assist the BOCs in filing those LATA increase in those exchanges); meeting the requirements of section 271. modification petitions that involve (9) Community of interest statement (a Allowing LATA modifications for such ELCS and the Bureau in acting on those statement explaining why the two 75 ELCS plans might well lead to petitions. First, we request that each exchanges should be considered part of 76 substantial expansion of BOC service, ELCS petition be filed by the BOC a single community and why without the BOC satisfying the section pursuant to the application filing community residents need the ELCS); 271 requirements.71 The potential requirements set forth in §§ 1.742 and (10) Map (showing the exchanges and 77 anticompetitive effect of optional and 1.743 of the Commission’s rules. LATA boundary involved and including measured-rate plans, and the lack of any a scale showing distance); and showing of a need for traditional local 72 We note that even if US West does not file such (11) Other pertinent information (e.g., an amendment at this time, our ruling here does not telephone service (i.e., flat-rate, non- preclude relief to residents of the Albany and Scio copies of state commission reports, optional ELCS) between the Albany and exchanges. First, the request may be resubmitted at summary of hearing testimony). Scio exchanges, leads us to deny US any time if the state commission determines that 24. If any of the above information is the required community of interest exists. This West’s request. While we recognize the service could also be offered by an alternative unavailable or inapplicable to a state commission’s interest in providing provider, if available, and US West will be able to particular ELCS petition (for example, if additional choices to consumers, we offer interLATA service if it meets the requirements polling is not required by state will not approve such optional or of section 271. procedures), the petition should so 73 47 CFR 1.748(a). Section 1.748(a) provides that an application may be dismissed without prejudice indicate. A carrier will be deemed to 67 See Letter from John L. Traylor, Senior if the applicant fails to comply with a request for have made a prima facie case Attorney, US West, Inc., to Common Carrier Bureau, additional information. supporting grant of the proposed Federal Communications Commission (Feb. 14, 74 47 CFR 0.91, 0.291. modification if the ELCS petition: (1) 1997). These options and rates are for residential 75 These guidelines have been approved by the Has been approved by the state subscribers. There are different rates and options Office of Management and Budget (OMB) under offered to business subscribers. Id. OMB control number 3060–0782. See Paperwork commission; (2) proposes only 68 Id. Reduction Act of 1995, Pub. L. 104–13. 69 See US West Petition at 4. 76 See section 25(3) (LATAs may be ‘‘modified by 78 See the 24 individual requests listed in 70 Id. a Bell operating company’’). Appendix A. 71 Cf. May 1993 Order at 4. 77 47 CFR 1.742–43. 79 See supra para. 4. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40355 traditional local service (i.e., flat-rate, the Virginia State Corporation area in the Norfolk, Virginia LATA and GTE’s non-optional ELCS); (3) indicates that Commission’s request for a LATA Gloucester exchange (Bell Atlantic’s the state commission found a sufficient modification to permit ELCS between Gloucester/Poquoson zone request)—File No. community of interest to warrant such the Waverly and Wakefield exchanges is NSD–LM–97–7. 7. Request to provide two-way, flat-rate, service; (4) documents this community dismissed without prejudice. non-optional ELCS between Bell Atlantic’s of interest through such evidence as poll 29. It is further ordered, pursuant to Hampton zone of the Metropolitan exchange results, usage data, and descriptions of sections 3(25) and 4(i) of the area in the Norfolk, Virginia LATA and GTE’s the communities involved; and (5) Communications Act of 1934, as Hayes exchange in the Richmond, Virginia involves a limited number of customers amended, 47 U.S.C. 153(25), 154(i), that LATA (Bell Atlantic’s Hayes/Hampton zone or access lines.80 US West Communications, Inc. (US request)—File No. NSD–LM–97–8. 25. We request that ELCS requests West) shall amend its request for 8. Request to provide two-way, flat-rate, filed with the Commission, but not approval of a LATA modification to non-optional ELCS between Bell Atlantic’s addressed in this order (including the provide ELCS from the Albany exchange Newport News zone of the Metropolitan exchange area in the Norfolk, Virginia LATA Virginia Commission’s Waverly/ in the Eugene, Oregon LATA to the Scio 81 and GTE’s Hayes exchange in the Richmond, Wakefield request), be re-filed so that Mutual Telephone Association’s Scio Virginia LATA (Bell Atlantic’s Hayes/ they comply with these guidelines. Each exchange, File No. NSD–LM–97–25, as Newport News zone request)—File No. NSD– petition will be assigned a LATA indicated herein, within 60 days of the LM–97–9. modification (LM) file number and release date of this order. If no 9. Request to provide two-way, flat-rate, placed on public notice. amendment is filed, US West’s LATA non-optional ELCS between Bell Atlantic’s Peninsula zone of the Metropolitan exchange VI. Conclusion modification request will be dismissed without prejudice. area in the Norfolk, Virginia LATA and GTE’s 26. For the reasons set forth above, we 30. It is further ordered that pursuant Hayes exchange (Bell Atlantic’s Hayes/ approve the 23 requests for LATA relief to section 416(a) of the Act, 47 U.S.C. Peninsula zone request)—File No. NSD–LM– 97–10. in order to provide flat-rate, non- 416(a), the Secretary shall serve a copy optional ELCS. These LATAs are 10. Request to provide two-way, flat-rate, of this order upon the petitioners listed non-optional ELCS between Bell Atlantic’s modified solely for the limited purposes in Attachment A. Poquoson zone of the Metropolitan exchange indicated in the requests, and shall Federal Communications Commission. area in the Norfolk, Virginia LATA and GTE’s remain unchanged for all other Hayes exchange (Bell Atlantic’s Hayes/ William F. Caton, purposes. In addition, we allow US Poquoson zone request)—File No. NSD–LM– West an additional 60 days in which to Acting Secretary. 97–11. amend its Scio/Albany request. Finally, Attachment A—List of Petitions and LATA 11. Request to provide two-way, flat-rate, we establish guidelines to direct the Modification Requests non-optional ELCS between Bell Atlantic’s Honaker exchange in the Roanoke, Virginia filing of future ELCS requests. These Ameritech’s November 12, 1996 Petition actions serve the public interest by LATA and GTE’s Richlands exchange in the Bluefield, West Virginia Independent Market permitting minor LATA modifications 1. Request to provide one-way, flat-rate, non-optional ELCS from Ameritech’s Duffy Area (Bell Atlantic’s Honaker/Richlands when such modifications are necessary exchange in the Columbus, Ohio LATA to request)—File No. NSD–LM–97–12. to meet the needs of local subscribers Bell Atlantic’s New Martinsville exchange in 12. Request to provide one-way, flat-rate, and will not have any significant effect the Clarksburg, West Virginia LATA non-optional ELCS from Bell Atlantic’s on competition. (Ameritech’s Duffy/New Martinsville Mason exchange in the Charleston, West request)—File No. NSD–LM–97–2. Virginia LATA to the Pomeroy and VII. Ordering Clauses Middleport exchanges in Ohio (Bell Bell Atlantic’s January 14, 1997 Petition 27. Accordingly, it is ordered, Atlantic’s Mason/Pomeroy-Middleport pursuant to sections 3(25) and 4(i) of the 2. Request to provide two-way, flat-rate, request)—File No. NSD–LM–97–13. Communications Act of 1934, as non-optional ELCS between Bell Atlantic’s 13. Request to provide one-way, flat-rate, Waverly exchange in the Norfolk, Virginia amended, 47 U.S.C. 153(25), 154(i), that non-optional ELCS from Bell Atlantic’s New LATA and GTE’s Claremont exchange (Bell Florence exchange in the Pittsburgh, the requests of Ameritech, Bell Atlantic, Atlantic’s Claremont/Waverly request)—File Pennsylvania LATA to GTE’s Johnstown BellSouth Telecommunications, Inc. No. NSD–LM–97–3. exchange (Bell Atlantic’s New Florence/ (BellSouth), Southwestern Bell 3. Request to provide two-way, flat-rate, Johnstown request)—File No. NSD–LM–97– Telephone Company (SWBT), and US non-optional ELCS between Bell Atlantic’s 14. West Communications, Inc. (US West), Hampton zone of the Metropolitan exchange 14. Request to provide two-way, flat-rate, for LATA modifications for the limited area in the Norfolk, Virginia LATA and GTE’s non-optional ELCS between Bell Atlantic’s purpose of providing flat-rate, non- Gloucester exchange (Bell Atlantic’s Stone Mountain exchange in the Roanoke, optional ELCS at specific locations, Gloucester/Hampton zone request)—File No. Virginia LATA and the Lynchburg exchange NSD–LM–97–4. identified in File Nos. NSD–LM–97–2 in the Lynchburg, Virginia LATA (Bell 4. Request to provide two-way, flat-rate, Atlantic’s Stone Mountain/Lynchburg through NSD–LM–97–24, are approved. non-optional ELCS between Bell Atlantic’s request)—File No. NSD–LM–97–15. These LATA boundaries are modified Newport News zone of the Metropolitan solely for the purpose of providing flat- exchange area in the Norfolk, Virginia LATA BellSouth Telecommunications’ (BellSouth) rate, non-optional ELCS between points and GTE’s Gloucester exchange (Bell July 2, 1996 Petition in the specific exchanges or geographic Atlantic’s Gloucester/Newport News zone 15. Request to provide two-way, flat-rate, areas indicated in the requests. The request)—File No. NSD–LM–97–5. non-optional ELCS between BellSouth’s LATA boundary for all other services 5. Request to provide two-way, flat-rate, Raleigh exchange in the Raleigh, North shall remain unchanged. non-optional ELCS between Bell Atlantic’s Carolina LATA and Carolina Telephone and 28. It is further ordered, pursuant to Peninsula zone of the Metropolitan exchange Telegraph Company’s (Carolina Telephone) area in the Norfolk, Virginia LATA and GTE’s Franklinton and Louisburg exchanges sections 3(25) and 4(i) of the Gloucester exchange (Bell Atlantic’s (BellSouth’s Franklinton-Louisburg/Raleigh Communications Act of 1934, as Gloucester/Peninsula zone request)—File No. request)—File No. NSD–LM–97–16. amended, 47 U.S.C. 153(25), 154(i), that NSD–LM–97–6. 16. Request to provide two-way, flat-rate, 6. Request to provide two-way, flat-rate, non-optional ELCS between BellSouth’s 80 See supra para. 18 and note 60. non-optional ELCS between Bell Atlantic’s Zebulon exchange in the Raleigh, North 81 See supra para. 12. Poquoson zone of the Metropolitan exchange Carolina LATA and Carolina Telephone’s 40356 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Louisburg exchange (BellSouth’s Louisburg/ FEDERAL DEPOSIT INSURANCE general character of its business without Zebulon request)—File No. NSD–LM–97–17. CORPORATION the prior written consent of the FDIC. 17. Request to provide two-way, flat-rate, The exercise of trust powers by a bank non-optional ELCS between BellSouth’s Agency Information Collection is usually considered to be a change in Apex, Cary, and Raleigh exchanges in the Activities: Proposed Collection; the general character of a bank’s Raleigh, North Carolina LATA and Carolina Comment Request business if the bank did not exercise Telephone’s Pittsboro exchange (BellSouth’s those powers previously because trust AGENCY: Pittsboro/Apex-Cary-Raleigh request)—File Federal Deposit Insurance powers create a new fiduciary No. NSD–LM–97–18. Corporation (FDIC). relationship. Therefore, unless a bank is 18. Request to provide two-way, flat-rate, ACTION: Notice and request for comment. currently exercising trust powers, it non-optional ELCS between BellSouth’s must file a formal application to obtain SUMMARY: The FDIC, as part of its Chapel Hill exchange in the Raleigh, North the FDIC’s written consent to exercise continuing effort to reduce paperwork Carolina LATA and the Saxapahaw exchange trust powers. Each application and respondent burden, invites the in the Greensboro, North Carolina LATA submitted by a bank is evaluated by the general public and other Federal (BellSouth’s Saxapahaw/Chapel Hill FDIC to verify the qualifications of bank request)—File No. NSD–LM–97–19. agencies to take this opportunity to management to administer a trust 19. Request to provide two-way, flat-rate, comment on proposed and/or department to ensure that the bank’s non-optional ELCS between BellSouth’s continuing information collections, as financial condition will not be Wilmington exchange and that portion of the required by the Paperwork Reduction jeopardized as a result of trust Scotts Hill exchange served by the 270 prefix Act of 1995 (44 U.S.C. chapter 35). operations. in the Wilmington, North Carolina LATA, Currently, the FDIC is soliciting and Carolina Telephone’s Holly Ridge comments concerning an information Request for Comment exchange (BellSouth’s Scotts Hill-Holly collection titled ‘‘Application for Comments are invited on: (a) Whether Ridge/Wilmington request)—File No. NSD– Consent to Exercise Trust Powers.’’ the collection of information is LM–97–20. DATES: Comments must be submitted on necessary for the proper performance of Southwestern Bell Telephone Company’s or before September 26, 1997. the FDIC’s functions, including whether (SWBT) June 25, 1996 Petition ADDRESSES: Interested parties are the information has practical utility; (b) invited to submit written comments to the accuracy of the estimates of the 20. Request to provide two-way, flat-rate, burden of the information collection, non-optional ELCS between SWBT’s Albany Steven F. Hanft, FDIC Clearance Officer, including the validity of the exchange in the Abilene, Texas LATA and (202) 898–3907, Office of the Executive methodology and assumptions used; (c) SWBT’s Breckenridge exchange in the Dallas, Secretary, Federal Deposit Insurance ways to enhance the quality, utility, and Texas LATA (SWBT’s Albany/Breckenridge Corporation, 550 17th Street NW., clarity of the information to be request)—File No. NSD–LM–97–21. Washington, DC 20429. Comments may 21. Request to provide two-way, flat-rate, be hand-delivered to the guard station at collected; and (d) ways to minimize the non-optional ELCS between United/Centel’s the rear of the 17th Street building burden of the information collection on Pawnee exchange and SWBT’s Kenedy and (located on F Street), on business days respondents, including through the use Karnes/Fall City exchanges in the San between 7:00 a.m. and 5:00 p.m. (Fax of automated collection techniques or Antonio, Texas LATA (SWBT’s Pawnee/ number (202) 898–3838; Internet other forms of information technology. Kenedy-Karnes-Fall City request)—File No. address: [email protected]]). All At the end of the comment period, the NSD–LM–97–22. comments should refer to ‘‘Application comments and recommendations for Consent to Exercise Trust Powers.’’ received will be analyzed to determine US West Communications’ (US West) A copy of the comments may also be the extent to which the collection November 4, 1996 Petition submitted to the OMB desk officer for should be modified prior to submission 22. Request to provide flat-rate, non- the FDIC: Alexander Hunt, Office of to OMB for review and approval. optional ELCS from US West’s Omaha Information and Regulatory Affairs, Comments submitted in response to this common service area in the Omaha, Nebraska Office of Management and Budget, New notice also will be summarized or LATA to Lincoln Telephone & Telegraph Executive Office Building, Room 3208, included in the FDIC’s requests to OMB Company’s (LT&T’s) 234 exchange (serving Washington, DC 20503. for renewal of this collection. All the communities of Cedar Creek, Louisville, comments will become a matter of FOR FURTHER INFORMATION CONTACT: and Manley, Nebraska) (US West’s 234/ public record. Steven F. Hanft, at the address Omaha request)—File No. NSD–LM–97–23. identified above. Dated at Washington, DC, this 23rd day of 23. Request to provide flat-rate, non- July 1997. SUPPLEMENTARY INFORMATION: Proposal optional ELCS from US West’s Omaha Federal Deposit Insurance Corporation. common service area in the Omaha, Nebraska to renew the following currently Robert E. Feldman, LATA to LT&T’s Murray exchange (US approved collection of information: Executive Secretary. West’s Murray/Omaha request)—File No. Title: Application for Consent to NSD–LM–97–24. Exercise Trust Powers. [FR Doc. 97–19807 Filed 7–25–97; 8:45 am] OMB Number: 3064–0025. BILLING CODE 6714±01±M US West Communications’ (US West) Frequency of Response: Occasional. November 4, 1996 Petition Estimated Total Annual Responses: 24. Request to provide measured-rate, 50. FEDERAL DEPOSIT INSURANCE optional ELCS from US West’s Albany Estimated Time per Response: 16 CORPORATION exchange in the Eugene, Oregon LATA to the hours. Sunshine Act Meeting Scio Mutual Telephone Association’s Scio Estimated Total Annual Burden: 800 exchange (US West’s Scio/Albany request)— hours. Pursuant to the provisions of the File No. NSD–LM–97–25. General Description of the Collection: ‘‘Government in the Sunshine Act’’ (5 [FR Doc. 97–19776 Filed 7–25–97; 8:45 am] Section 333.2 of FDIC’s regulation 12 U.S.C. 552b), notice is hereby given that BILLING CODE 6712±01±U CFR 333 prohibits any insured state at 10:28 a.m. on Tuesday, July 22, 1997, nonmember bank from changing the the Board of Directors of the Federal Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40357
Deposit Insurance Corporation met in I have determined that the damage in SUMMARY: This notice amends the notice closed session to consider certain certain areas of the State of Michigan, of a major disaster for the State of Texas corporate and supervisory activities. resulting from severe storms, tornadoes, and (FEMA–1179–DR), dated July 7, 1997, In calling the meeting, the Board flooding on July 2, 1997, is of sufficient and related determinations. severity and magnitude to warrant a major determined, on motion of Director disaster declaration under the Robert T. EFFECTIVE DATE: July 15, 1997. Joseph H. Neely (Appointive), seconded Stafford Disaster Relief and Emergency by Director Eugene A. Ludwig Assistance Act (‘‘the Stafford Act’’). I, FOR FURTHER INFORMATION CONTACT: (Comptroller of the Currency), therefore, declare that such a major disaster Magda Ruiz, Response and Recovery concurred in by Director Nicolas P. exists in the State of Michigan. Directorate, Federal Emergency Restinas (Acting Director, Office of In order to provide Federal assistance, you Management Agency, Washington, DC Thrift Supervision), and Acting are hereby authorized to allocate from funds 20472, (202) 646–3260. Chairman Andrew C. Hove, Jr., that available for these purposes, such amounts, Corporation business required its as you find necessary for Federal disaster SUPPLEMENTARY INFORMATION: Notice is assistance and administrative expenses. consideration of the matters on less than hereby given that the incident period for You are authorized to provide Individual seven days’ notice to the public; that no this disaster is closed effective July 15, Assistance, Public Assistance, and Hazard 1997. earlier notice of the meeting was Mitigation in the designated areas. Consistent practicable; that the public interest did with the requirement that Federal assistance (Catalog of Federal Domestic Assistance No. not require consideration of the matters be supplemental, any Federal funds provided 83.516, Disaster Assistance) in a meeting open to public observation; under the Stafford Act for Public Assistance Catherine H. Light, and that the matters could be or Hazard Mitigation will be limited to 75 Deputy Associate Director, Response and considered in a closed meeting by percent of the total eligible costs. Recovery Directorate. authority of subsections (c)(2), (c)(4), The time period prescribed for the [FR Doc. 97–19794 Filed 7–25–97; 8:45 am] (c)(6), (c)(8), and (c)(9)(A)(ii) of the implementation of section 310(a), BILLING CODE 6718±02±P ‘‘Government in the Sunshine Act’’ (5 Priority to Certain Applications for U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), Public Facility and Public Housing and (c)(9)(A)(ii)). Assistance, 42 U.S.C. 5153, shall be for FEDERAL EMERGENCY The meeting was held in the Board a period not to exceed six months after MANAGEMENT AGENCY Room of the FDIC Building located at the date of this declaration. 550—17th Street, NW., Washington, DC. Notice is hereby given that pursuant [FEMA±1179±DR] Dated: July 22, 1997. to the authority vested in the Director of Federal Deposit Insurance Corporation. the Federal Emergency Management Texas; Amendment to Notice of a Valerie J. Best, Agency under Executive Order 12148, I Major Disaster Declaration hereby appoint Gary Pierson of the Assistant Executive Secretary. Federal Emergency Management Agency AGENCY: Federal Emergency [FR Doc. 97–19891 Filed 7–24–97; 11:04 am] to act as the Federal Coordinating Management Agency (FEMA). BILLING CODE 6714±01±M Officer for this declared disaster. I do hereby determine the following ACTION: Notice. areas of the State of Michigan to have FEDERAL EMERGENCY been affected adversely by this declared SUMMARY: This notice amends the notice MANAGEMENT AGENCY major disaster: of a major disaster for the State of Texas, (FEMA–1179–DR), dated July 7, 1997, [FEMA±1181±DR] The counties of Macomb, Oakland, and Wayne for Individual Assistance. and related determinations. Michigan; Major Disaster and Related The counties of Macomb, Saginaw, and EFFECTIVE DATE: July 16, 1997. Determinations Wayne for Public Assistance. FOR FURTHER INFORMATION CONTACT: All counties within the State of AGENCY: Federal Emergency Michigan are eligible to apply for Madge Dale, Response and Recovery Management Agency (FEMA). assistance under the Hazard Mitigation Directorate, Federal Emergency ACTION: Notice. Grant Program. Management Agency, Washington, DC 20472, (202) 646–3260. SUMMARY: This is a notice of the (Catalog of Federal Domestic Assistance No. Presidential declaration of a major 83.516, Disaster Assistance) SUPPLEMENTARY INFORMATION: The notice disaster for the State of Michigan James L. Witt, of a major disaster for the State of Texas, (FEMA–1181–DR), dated July 11, 1997, Director. is hereby amended to include the and related determinations. [FR Doc. 97–19791 Filed 7–25–97; 8:45 am] following areas among those areas determined to have been adversely EFFECTIVE DATE: July 11, 1997. BILLING CODE 6718±02±P affected by the catastrophe declared a FOR FURTHER INFORMATION CONTACT: major disaster by the President in his Madge Dale, Response and Recovery FEDERAL EMERGENCY declaration of July 7, 1997: Directorate, Federal Emergency MANAGEMENT AGENCY Management Agency, Washington, DC Comal, Eastland, and Edwards 20472, (202) 646–3260. [FEMA±1179±DR] Counties for Individual Assistance. SUPPLEMENTARY INFORMATION: Notice is (Catalog of Federal Domestic Assistance No. hereby given that, in a letter dated July Texas; Amendment to Notice of a 83.516, Disaster Assistance) 11, 1997, the President declared a major Major Disaster Declaration Catherine H. Light, disaster under the authority of the AGENCY: Federal Emergency Deputy Associate Director, Response and Robert T. Stafford Disaster Relief and Management Agency (FEMA). Recovery Directorate. Emergency Assistance Act (42 U.S.C. [FR Doc. 97–19795 Filed 7–25–97; 8:45 am] ACTION: Notice. 5121 et seq.), as follows: BILLING CODE 6718±02±P 40358 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
FEDERAL MARITIME COMMISSION By order of the Federal Maritime make reservations. A limited number of Commission. rooms at a reduced rate have been Notice of Agreement(s) Filed Ronald D. Murphy, blocked for this FDA workshop; please Assistant Secretary. make your reservations by August 5, The Commission hereby gives notice 1997. of the filing of the following [FR Doc. 97–19699 Filed 7–25–97; 8:45 am] agreement(s) under the Shipping Act of BILLING CODE 6730±01±M Dated: July 21, 1997. 1984. William K. Hubbard, Interested parties can review or obtain Associate Commissioner for Policy copies of agreements at the Washington, DEPARTMENT OF HEALTH AND Coordination. DC offices of the Commission, 800 HUMAN SERVICES [FR Doc. 97–19712 Filed 7-25-97; 8:45 am] North Capitol Street, N.W., Room 962. BILLING CODE 4160±01±F Food and Drug Administration Interested parties may submit comments on an agreement to the Secretary, Food Industry; Interaction Between the DEPARTMENT OF HEALTH AND Federal Maritime Commission, Food and Drug Administration and the HUMAN SERVICES Washington, DC 20573, within 10 days Florida Department of Agriculture and of the date this notice appears in the Consumer Services; Public Workshop Federal Register. Health Resources and Services Administration Agreement No.: 203–011582 AGENCY: Food and Drug Administration, Title: Cooperative Working Agreement HHS. Availability of the HRSA Competitive among A.P. Moller-Maersk Line, Sea- ACTION: Notice of public workshop. Grants Preview Land Service, Inc. and Venezuelan Container Line, C.A. (‘‘Maersk/SL/ The Food and Drug Administration AGENCY: Health Resources and Services VCL Agreement’’) (FDA) is announcing the following Administration, HHS. Parties: workshop: A free public workshop to be ACTION: General notice. A.P. Moller-Maersk held jointly by the FDA, Office of Sea-Land Service, Inc. Regulatory Affairs, Florida District SUMMARY: HRSA announces the Venezuelan Container Line, C.A. Office; the Florida Department of availability of the HRSA Competitive Synopsis: The proposed Agreement Agriculture and Consumer Services Grants Preview publication for Summer permits the parties to discuss and (FDACS); and the Association of Food 1997. This edition of the Preview is agree on the deployment and and Drug Officials of the Southern being published primarily to redeployment of vessels operated by States (AFDOSS) on how FDA and accommodate HRSA programs which each of them, the charter of the FDACS operate and interact with the anticipate making grant awards during vessels among the parties, port calls, food industry. The topic of this the first quarter of the Fiscal Year 1998. rationalization of sailings, etc., and workshop concerns policies and A comprehensive Preview for HRSA’s other matters necessary to carry out procedures regarding FDA and State Fiscal Year 1998 programs will be from an operational nature the inspections, an update on issues published in October. purpose of the U.S./Latin America regarding hazard analysis and critical The purpose of the Preview is to Agreement, FMC Agreement No. 203– control points regulations, and provide the general public with a single 011448, the U.S./Caribbean promotion of a dialogue in order to source of program and application Agreement, FMC Agreement No. 203– better serve Florida consumers. information related to the Agency’s 011499, and the U.S./East Coast South Date and Time: The workshop will be annual grant review cycle. The Preview America Agreement, FMC Agreement held on Thursday, August 28, 1997, 8 is designed to replace multiple Federal No. 203–011583. The geographic a.m. to 4:45 p.m. Register notices which traditionally scope of the Agreement covers the Location: The workshop will be held advertised the availability of HRSA trade between ports and points in the at Adam’s Mark Hotel, 1500 Sand Lake discretionary funds for its various United States and ports and points in Rd., Orlando, FL 32809. programs. It should be noted that other program initiatives, responsive to new the Caribbean, and Central and South Contact Person: Miriam R. Jones, America or emerging issues in the health care Florida District Office, Food and Drug area, and unanticipated at the time of Agreement No.: 203–011583 Administration, 7200 Lake Ellenor Dr., publication of the Preview, may be Title: U.S./East Coast South America suite 120, Orlando, FL 32809, 407–648– advertised through the Federal Register Agreement 6823, ext. 265, or fax 407–648–6808. mechanism from time-to-time. Parties: Registration: Send registration Deadlines or other requirements A.P. Moller-Maersk Line information (including name, title, firm appearing in the Federal Register are Sea-Land Service, Inc. name, address, telephone, and fax not changed by this notice. Synopsis: The proposed Agreement number), and specific topics for The Preview contains a description of would authorize the parties to consult discussion, to the contact person by competitive programs scheduled for and agree on the deployment and August 14, 1997. There is no registration review early in Fiscal Year 1998 and utilization of their vessels; charter fee for this workshop. Space is limited, includes instructions on how to access vessels and vessel space between therefore, interested parties are the Agency for information and receive themselves; interchange containers encouraged to register early. application kits. Specifically, the and other equipment; and agree on If you need special accommodations following information is included in the rates, rules, or service items on a due to a disability, please contact Preview: (1) Program Title; (2) voluntary and non-binding basis in Miriam R. Jones (address above) at least Legislative Authority; (3) Purpose; (4) the trade between the United States 7 days in advance. Eligibility; (5) Estimated Amount of and Brazil, Argentina, Uruguay, and Those wishing lodging competition; (6) Estimated number of Paraguay accommodations should contact the awards; (7) Funding Priorities and/or Dated: July 22, 1997. Adam’s Mark Hotel at 407–859–1500 to Preferences; (8) Projected Award Date; Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40359
(9) Application Deadline; (10) scheduled to be published in October, (7) Work with our partners to assure Application kit availability; and (11) will be a comprehensive issue of integrity in the use of public funds. The Catalog of Federal Domestic HRSA’s Fiscal Year 1998 discretionary (8) Assist our partners to develop Assistance (CFDA) program grant programs. their own standards of customer service. identification number. The Preview, a streamlining This Summer 1997 issue of the recommendation, was designed to How To Obtain and Use the Preview Preview relates to funding under HRSA replace the Federal Register notices discretionary authorities and programs customarily published throughout the It is recommended that you read the as follows: year. Please note that separate Federal introductory materials, terminology Register notices may be published to section, and individual program Bureau of Health Professions Programs enable HRSA to respond to category descriptions before contacting • Nurse Anesthetists: (1) Program unanticipated issues in the health the general number 1–888–333–HRSA. Grants (2) Traineeships; and (3) services arena, or to comply with Likewise, we urge applicants to fully Fellowships specific Congressional directives. Your assess their eligibility for grants before • Nursing Education Opportunities for response to our Spring 1997 Preview requesting kits. This will greatly Individuals from Disadvantaged was most rewarding. Be assured that our facilitate our ability to assist you in Backgrounds efforts to streamline the grant process placing your name on the mailing list • Podiatric Primary Care Residency and improve our customer service will and identifying the appropriate Training continue. Beginning with this Summer application kit(s) or other information • National Research Service Awards 1997 issue you can now register on line you may wish to obtain. As a general • Nurse Practitioner/Nurse Midwifery for Preview materials. Complete rule, no more than one kit per category • Professional Nurse Traineeships instructions are available at the HRSA will be mailed to applicants. However, • Graduate Training in Family Home Page at: http:// applicants may reproduce kit materials Medicine www.hrsa.dhhs.gov/ to meet their needs. • Faculty Development in Family The programs administered by the To Obtain a Copy of the Preview (by Medicine Health Resources and Services • Mail) Predoctoral Training in Family Administration serve as a safety net for Medicine providing health care services to the To have your name and address Maternal and Child Health Bureau uninsured, underserved and vulnerable added to, or deleted from, the Preview population of this Nation. Our hope is mailing list, please call the toll free • Maternal and Child Health Research that the Preview’s streamlining of the number 1–888*–333–HRSA. (*Call Cycle grant application process will encourage operator if experiencing difficulty.) Or HIV/AIDS Bureau more organizations to apply for HRSA e-mail us at grants and join with us as we address • Outpatient Early Intervention Services [email protected]. these critical services. with Respect to HIV Disease (Ryan To Obtain an Application Kit White Title III) HHS Service Standards for Partnership With Grantees Upon review of the program Bureau of Primary Health Care descriptions, please determine which The Department of Health and Human • Health Care For The Homeless category or categories of application Services (HHS) and its grantees • Community and Migrant Health kit(s) you wish to receive and contact (primarily States, local governments, Centers the 1–888–333–HRSA number to academic institutions, non-profit register on the specific mailing list. Certain other information, including community organizations, and Indian Application kits are generally available the Secretary’s Service Standards For tribes and tribal organizations) are 60 days prior to application deadline. If HHS’s Partnership with its Grantees and partners in delivering quality services program notes also may be found in the and supporting research to improve the kits are already available, they will be Preview. lives of the American people. The mailed to you right away. Addresses: Individuals may obtain the following initial standards express our World Wide Web Access HRSA Preview by calling HRSA’s toll commitment to making this partnership free number, 1–888–333-HRSA. The as cooperative and effective as possible. The Preview is available on the HRSA HRSA Preview may also be accessed on We look forward to your suggestions as Home Page via World Wide Web at: the World Wide Web on the HRSA we develop these standards and http://www.hrsa.dhhs.gov/ Application Home Page at: http:// improve our partnership. materials are currently available for www.hrsa.dhhs.gov/ We will: downloading in the current cycle for Dated: July 22, 1997. (1) Invite our partners to collaborate some HRSA programs. HRSA’s goal is to Claude Earl Fox, in the development of HHS program post application forms and materials for all programs in future cycles. Acting Administrator. policies and procedures. (2) Emphasize program outcomes You can download this issue of the Attachment A—The Administrator’s rather than process. Preview in Adobe Acrobat format (.pdf) Message (3) Create no new unfunded mandates from HRSA’s web site at: http:// I am pleased to provide you with the through policy or process changes. www.hrsa.dhhs.gov/preview.htm. Also, second issue of the Health Resources (4) Provide prompt, courteous service you can register on-line to be sent and Services Administration (HRSA) and accessible information. specific grant application materials by Preview. This issue of the Preview is (5) Process waiver requests from following the instructions on the web being published primarily to States as quickly as possible, generally page. Your mailing information will be accommodate HRSA programs which within 120 days. added to our database and material will anticipate awarding grants on or before (6) Provide technical assistance to be sent to you when it becomes December 31, 1997. The next Preview, help our partners meet program goals. available. 40360 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Application Deadlines In general, assistance is provided to requirements may be administratively Applications will be considered ‘‘on nonprofit organizations and institutions, required by the awarding office. state and local governments and their time’’ if they are either received on or Review Criteria before the established deadline date or agencies, and occasionally to sent on or before the deadline date given individuals. For-profit organizations are The following are generic review in the program announcement or in the eligible to receive awards under criteria applicable to HRSA programs: application kit materials. financial assistance programs unless (1) That the estimated cost to the specifically excluded by legislation. Government of the project is reasonable Authorizations Estimated Amount of Competition considering the anticipated results. These are provided immediately (2) That project personnel or preceding groupings of program The amount listed is provided for prospective fellows are well qualified by categories. They are the citations of planning purposes and is subject to the training and/or experience for the provisions of the laws authorizing the availability of funds. support sought and the applicant various programs. Funding Priorities and/or Preferences organization, or the organization to provide training to a fellow, has CFDA Number Special priorities or preferences are adequate facilities and manpower. The Catalog of Federal Domestic those which the individual programs have identified for the funding cycle. (3) That, insofar as practical, the Assistance program identification proposed activities (scientific or other), number. The CFDA is a government- Some programs give preference to organizations which have specific if well executed, are capable of attaining wide compendium of Federal programs, project objectives. projects, services, and activities which capabilities such as telemedicine (4) That the project objectives are provide assistance. networking, or established relationships with managed care organizations. identical with or are capable of Cooperative Agreement Preference may be given to achieve an achieving the specific program A financial assistance mechanism equitable geographic distribution. objectives defined in the program announcement. used when substantial Federal Matching Funds programmatic involvement with the The specific review criteria used to recipient during performance is Several HRSA categories require a review and rank applications are anticipated by the awarding office. matching amount, or percentage of the included in the individual guidance total project support to come from material provided with the application Eligibility sources other than Federal funds. kits. Applicants should pay strict Authorizing legislation and Matching requirements are generally attention to addressing these criteria as programmatic regulations specify mandated in the authorizing legislation they are the formal basis upon which eligibility for individual grant programs. for specific categories. Also matching their applications will be judged.
PROGRAM DEADLINES AT A GLANCE
Date Program
August 1997: August 1 ...... Health Care for the Homeless.* August 1 ...... Community Health Centers/Migrant Health Centers.* August 1 ...... Maternal and Child Health Research Cycle. September 1997: September 9 ...... Graduate Training in Family Medicine. September 15 ...... Podiatric Primary Care Residency Training. September 22 ...... National Research Service Awards. September 29 ...... Faculty Development in Family Medicine. October 1997: October 10 ...... Outpatient Early Intervention Services with respect to HIV Disease (Ryan White Title III). November 1997: November 3 ...... Professional Nurse Traineeships. November 7 ...... Predoctoral Training in Family Medicine. November 24 ...... Nursing Education Opportunities for Individuals from Disadvantaged Backgrounds. December 1997: December 1 ...... Nurse Anesthetist: Program Grants, Fellowships & Traineeships. December 19 ...... Nurse Practitioner/Nurse Midwifery. January 1998: No program deadlines this month. February 1998: February 2 Nurse Anesthetist: Program Grants. * See multiple application deadlines listed.
Program Locator Nurse Anesthetist Program Grants, HIV/AIDS Programs Traineeships, and Fellowships Outpatient Early Intervention Services with Program Nursing Education Opportunities for Individuals from Disadvantaged Respect to HIV Disease (Ryan White Title Health Professions Programs Backgrounds III) Faculty Development in Family Medicine Nurse Practitioner/Nurse Midwifery Maternal and Child Health Programs Podiatric Primary Care Residency Training Graduate Training in Family Medicine Maternal and Child Health Research Cycle National Research Service Awards Predoctoral Training in Family Medicine Professional Nurse Traineeships Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40361
Primary Health Care Programs The time and location of these the provision of longitudinal, Notification of Expiring Project Periods for workshops will be announced in the preventive, and comprehensive care to Community and Migrant Health Centers Federal Register and be posted at: families. Notification of Expiring Project Periods for ‘‘http://www. hrsa.dhhs.gov/bhpr/ Eligibility: Eligible applicants are Health Care for the Homeless Program bhpr.htm’’. accredited schools of medicine or HRSA Program Notes Faculty Development in Family osteopathic medicine, public or private Health Professions Programs Medicine. Authorization section 747 of non-profit hospitals, or other public or the Public Health Service Act, 42 U.S.C. private non-profit entities. The Bureau of Health Professions 293k. Funding Priorities and/or Preferences: (BHPr) plays a vital role in HRSA’s Purpose: To increase the supply of As provided in section 791(a) of the safety net program. HRSA programs that physician faculty available to teach in PHS Act, statutory preference will be serve vulnerable populations are a family medicine programs and to given to any qualified applicant that: (1) primary benefactor of BHPr health enhance the pedagogical skills of faculty Has a high rate for placing graduates in professions programs. The Bureau’s presently teaching in family medicine. practice settings having the principal major goals are to improve the Eligibility: Eligible applicants are focus of serving residents of medically geographic distribution of health public or private non-profit hospital; an underserved communities; or (2) during professionals and the diversity of the accredited public or nonprofit school of the 2-year period preceding the fiscal health professions workforce, in order to allopathic medicine or of osteopathic year for which such an award is sought, supply the Nation with an appropriately medicine; or a public or private non- has achieved a significant increase in trained and competent health profit health and education institution. the rate of placing graduates in such professions workforce. Funding Priorities and/or Preferences: settings. This statutory general Funding Availability As provided in section 791(a) of the preference will only be applied to PHS Act, statutory preference will be applications that rank above the 20th The level of funding for the health given to any qualified applicant that: (1) percentile of applications recommended professions programs will depend upon Has a high rate for placing graduates in for approval by the peer review group. final FY 1998 appropriation. The practice settings having the principal Evaluation Criteria: Final criteria are President’s budget for FY 1998 proposes focus of serving residents of medically included in the application kit. significant reductions from the FY 1997 underserved communities; or (2) during Estimated Amount of Competition: appropriation level for health the 2-year period preceding the fiscal $5,200,000 (subject to availability of professions, except in programs for year for which such an award is sought, funds) minorities and the disadvantaged. has achieved a significant increase in Estimated Number of Awards: 39. HRSA fully supports the President’s the rate of placing graduates in such Group Conference Call Date: August budget. However, it is difficult to settings. This statutory general 12, 1997 Contact: Ellie Grant by July 25 predict the outcome of the preference will only be applied to on 301–443–1467 or by e-mail at appropriations process with respect to applications that rank above the 20th [email protected] these programs. We are, therefore, percentile of applications recommended Projected Award Date: 12/97–01/98; opening these programs to the for approval by the peer review group. Contact: 1–888–333–HRSA; competitive process to allow potential Evaluation Criteria: Final criteria are Application Deadline: 09/09/97; grantees a reasonable time to prepare included in the application kit. Application Availability: 07/15/97; their applications and to allow HRSA a Estimated Amount of Competition: CFDA Number: 93.379. reasonable time for careful review with $2,800,000 (subject to availability of National Research Service Awards. the full understanding that the final funds). Authorization section 487(d)(3) of the appropriation may severely limit the Estimated Number of Awards: 16. Public Health Service Act 42 U.S.C. 288. number and amount of awards. Group Conference Call Dates: August Purpose: To train future researchers Consequently, all ‘‘estimated amount of 26, 1997 Contact: Elsie Quinones by and academicians in primary medical competition’’ figures are subject to August 8 on 301–443–1467 or by e-mail care research. availability of funds and are for at [email protected] Eligibility: Accredited public or competitive grants. Projected Award Date: 12/97–01/98; private non-profit schools of medicine, Contact: 1–888–333-HRSA; osteopathy, dentistry, or a public or Technical Assistance Application Availability: 07/15/97; private non-profit hospital or other The BHPr is available to provide Application Deadline: 09/29/97; entity is located in a State and which is ongoing technical assistance to CFDA Number: 93.895. affiliated with an entity that has prospective applicants. Applicants are Graduate Training in Family received grants or contracts under encouraged to take advantage of Medicine. Authorization section 747 of section 747, 748, or 749 of the PHS Act technical assistance opportunities by the Public Health Service Act, 42 U.S.C. and agrees to use the funding for contacting the appropriate program 293K. research in primary medical care are person. Purpose. To assist family medicine eligible for grant support. The Division of Medicine plans to residency programs in the promotion of Funding Priorities and/or Preferences: conduct group conference calls to graduate education of physicians who N/A. provide technical assistance to are trained for and will enter the Evaluation Criteria: Final criteria are prospective applicants. Interested practice of family medicine. The included in the application kit. individuals are requested to provide the program assists approved graduate Estimated Amount of Competition: following information: Name, title, training programs in the field of family $3,200,000 (subject to availability of institution, telephone number, and fax medicine in meeting the cost of funds). number. Specific program questions planning, developing, and operating or Estimated Number of Awards: 16. should be faxed to 301–443–8890 or e- participating in graduate medical Group Conference Call Date: August mailed to the program contact person. education. This includes the cost of 21, 1997 Contact: Shelby Biedenkapp by The Division of Nursing plans to supporting trainees in such programs. August 1 on 301–443–1467 or by e-mail provide technical assistance workshops. Supported programs must emphasize at [email protected] 40362 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Projected Award Date: 12/97–01/98; second to faculty who are full-time Application Availability: 7/15/97; Contact: 1–888–333-HRSA; students, and third to faculty who are Application Deadline: 11/24/97; Application Availability: 07/15/97; part-time students. CFDA Number: 93.178. Application Deadline: 09/22/97; Evaluation Criteria: Criteria are Nurse Practitioner/Nurse Midwifery. CFDA Number: 93.186. included in the application kit. Authorization section 822a of the Public Nurse Anesthetist Program: (1) Estimated Amount of Competition: Health Service Act, 42 U.S.C. 296m. Program Grants (93.916); (2) $900,000 (subject to availability of Purpose: To assist eligible institutions Traineeships (93.124); and (3) funds) to meet the costs of projects to plan, Fellowships (93.907). Estimated Number of Awards. 13: (4 develop and operate new programs, Authorization section 831 (a), (b), (c) Traineeships, 2 Program Grants, and 7 maintain, or significantly expand of the Public Health Service Act, 42 Fellowships). existing programs for the education of U.S.C. 297–1. Projected Award Date: 3/98; nurse practitioners and nurse-midwives. Purpose: To assist eligible institutions Contact: Marcia Starbecker at: 301– Programs must adhere to regulations to meet the costs of: (1) Projects for the 443–6193 or by e-mail at: and guidelines for nurse practitioner education of nurse anesthetists; (2) [email protected]; and nurse-midwifery education as traineeships for licensed registered Contact: 1–888–333–HRSA; prescribed by the Secretary of Health nurses to become nurse anesthetists; Application Availability: 7/15/97. and Human Services which require that and (3) fellowships to enable Certified Fellowships & Traineeships: each program extend for at least one Registered Nurse Anesthetist (CRNA) Application Deadline: 12/1/97. academic year to include supervised faculty members to obtain advanced Projected award date: 3/98. clinical practice directed toward education relevant to their teaching Program Grants: Application preparing nurses to deliver primary functions. Deadline: 2/2/98; health care; and at least four months (in Eligibility: Eligible applicants are Projected award date: 5/98; the aggregate) of classroom instruction public or private non-profit institutions CFDA Numbers: 93.124, 93.907, & that is so directed; and have an that provide registered nurses with full- 93.916. enrollment of not less than six full-time time nurse anesthetist training and are Nursing Education Opportunities for equivalent students. accredited by an entity or entities Individuals from Disadvantaged Eligibility: Eligible applicants are designated by the Secretary of Backgrounds. Authorization section public and nonprofit private schools of Education. 827, 42 U.S.C. 296r of the Public Health nursing or other public and nonprofit Funding Priorities and/or Preferences: Service Act. private entities. Eligible applicants must Statutory Funding Preference as Purpose: To meet the costs of special be located in a State. provided in Section 860(e) of the PHS projects to increase nursing education Funding Priorities and/or Preferences: Act, preference will be given to opportunities for individuals from Statutory Program Specific Preference. qualified applicants that: (1) Have a disadvantaged backgrounds by: (a) Preference will be given to any qualified high rate for placing graduates in Identifying, recruiting and selecting applicant that agrees to expend the practice settings having the principal such individuals; (b) facilitating the award to plan, develop, and operate focus of serving residents of medically entry of such individuals into schools of new programs or to significantly expand underserved communities; or (2) have nursing; (c) providing services designed existing programs. achieved, during the 2-year period to assist such individuals to complete Statutory General Preference: As preceding the fiscal year for which such their nursing education; (d) providing provided in section 860(e)(1) of the PHS an award is sought, a significant preliminary education, prior to entry Act, preference will be given to any increase in the rate of placing graduates into the regular courses of nursing, qualified applicant that—(1) has a high in such settings. This preference will designed to assist in completion of the rate for placing graduates in practice only be applied to applications that rank regular courses of nursing education; (e) settings having the principal focus of above the 20th percentile of proposals paying such stipends as the Secretary serving residents of medically recommended for approval by the peer may determine; (f) publicizing, underserved communities; or (2) during review group. especially to licensed vocational or the 2-year period preceding the fiscal Statutory Rural Preference (CFDA practical nurses, existing sources of year for which such an award is sought, 93.124): A preference is given to those financial aid; and (g) providing training, has achieved a significant increase in applicants carrying out traineeships information, or advice to the faculty on the rate of placing graduates in such whose participants gain significant encouraging such individuals to settings. experience in providing health service complete their nursing education. This preference will only be applied in rural health facilities. Eligibility: Public and nonprofit to applications that rank above the 20th Established Funding Priority: (CFDA private schools of nursing and other percentile of proposals recommended 93.916 & 93.124) A funding priority will public or nonprofit private entities are for approval by the peer review group. be given to education programs and eligible for grant support. Statutory Special Considerations: traineeships that demonstrate either Funding Priorities and/or Preferences: Special consideration will be given to substantial progress over the past 3 None qualified applicants that agree to years or a significant experience of 10 or Evaluation Criteria: Criteria are expend the award to educate more years in enrolling and graduating included in the application kit. individuals as nurse practitioners and students from those minority Estimated Amount of Competition: nurse-midwives who will practice in populations identified as at-risk of poor $1,400,000 (subject to availability of health professional shortage areas health outcomes. funds). designated under section 332 of the PHS Established Funding Preference for Estimated Number of Awards: 8; Act. Faculty Fellowship Grants (CFDA Contact: Ernell Spratley at 301–443– Established Funding Priority: Funding 93.907): A funding preference will be 5763 or by e-mail at priority will be given to applicant given first to faculty who will be [email protected] institutions which demonstrate either completing degree requirements before Projected Award Date: 5/98; substantial progress over the last three or by the end of the funded budget year, Contact: 1–888–333–HRSA; years or a significant experience of ten Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40363 or more years in enrolling and has achieved a significant increase in practice settings having the principal graduating trainees from those minority the rate of placing graduates in such focus of serving residents of medically or low-income populations identified as settings. This statutory general underserved communities; or (2) during at risk of poor health outcomes. preference will only be applied to the 2-year period preceding the fiscal Evaluation Criteria: Final criteria are applications that rank above the 20th year for which such an award is sought, included in the application kit. percentile of applications recommended has achieved a significant increase in Estimated Amount of Competition: for approval by the peer review group. the rate of placing graduates in such $3,000,000 (subject to availability of Under section 751(b) of the PHS Act, a settings. This statutory general funds). funding preference is provided for preference will only be applied to Estimated Number of Awards: 11; qualified applicants that provide applications that rank above the 20th Contact: Audrey Koertvelyessy at clinical training in podiatric medicine percentile of applications recommended 301–443–6333 or by e-mail at in a variety of medically underserved for approval by the peer review group. [email protected]/ communities. Evaluation Criteria: Final criteria are Projected Award Date: 4/98; Evaluation Criteria: Final criteria are included in the application kit. Contact: 1–888–333-HRSA; included in the application kit. Estimated Amount of Competition: Application Availability: 7/15/97; Estimated Amount of Competition: $4,500,000 (subject to availability of Application Deadline: 12/19/97; $500,000 (subject to availability of funds) CFDA Number: 93.298. funds). Estimate Number of Awards: 41. Podiatric Primary Care Residency Estimated Number of Awards: 6. Group Conference Call Dates: October Training. Authorization section 751 of Group Conference Call Dates: August 7, 1997; Contact: Betty Ball by the Public Health Service Act, 42 U.S.C. 19, 1997. Contact: Ed Spirer by August September 19 on 301–443–1467 or by e- 293o. 1 on 301–443–1467 or by e-mail at mail at: [email protected] Purpose: To assist with the costs of [email protected] Projected Award Date: 3/98; training podiatric physicians who plan Projected Award Date: 12/97–01/98; Contact: 1–888–333–HRSA; to specialize in primary care. The Contact: 1–888–333-HRSA; Application Availability: 07/15/97; program assists in meeting the costs to Application Availability: 07/15/97; Application Deadline: 11/07/97; plan and implement new primary care Application Deadline: 09/15/97; CFDA Number: 93.896; projects and provides financial CFDA Number: 93.181. Professional Nurse Traineeships. assistance to residency trainees enrolled Predoctoral Training in Family Authorization section 830(a), (c) of the in such programs. Grants may include Medicine. Authorization Section 747 of Public Health Service Act, 42 U.S.C. 297 support for the program only, residents the Public Health Service Act, 42 U.S.C. Purpose: To meet the costs of only, or both the program and residents. 293k. traineeships for individuals in advanced These grants are intended to promote Purpose: To promote the predoctoral degree nursing education programs. the postgraduate education of training of allopathic and osteopathic Traineeships are awarded to individuals podiatrists in primary care podiatric medical students in the field of family by the participating educational practice. The program assists accredited medicine. Grants are awarded to institutions offering master’s and schools of podiatric medicine and accredited schools of medicine or doctoral degree programs to serve in and public and nonprofit private hospitals to osteopathic medicine. Supported prepare for practice as nurse meet the costs of projects to: (l) Plan and programs emphasize the provision of practitioners, nurse midwives, nurse implement projects in primary care longitudinal, preventive, and educators, public health nurses, or in training for podiatric physicians in comprehensive care to families. The other clinical nursing specialties approved or provisionally approved program assists schools in meeting the determined by the Secretary to require residency training programs; and (2) cost of planning, developing and advanced education. provide financial assistance in meeting operating or participating in approved Eligibility: Eligible applicants are the costs of supporting trainees who predoctoral training programs in the public or private non-profit entities participate in such programs and who field of family medicine. Support may which provide (1) advanced-degree plan to specialize in podiatric primary be provided both for the program and programs to educate individuals as care. Financial assistance for residents for the trainees. Assistance may be nurse practitioners, nurse-midwives, is intended to provide stipend support requested for any of the following nurse educators, public health nurses or for one year of training, and may purposes: curriculum development; as other clinical nursing specialists; or include tuition and fees for residents clerkships; preceptorships; and/or (2) nurse-midwifery certificate programs supported during the required academic student assistantships. The programs that conform to guidelines established training. should be part of an integrated by the Secretary under section 822(b) of Eligibility: Schools of podiatric institutional strategy to provide the PHS Act. Applicants must agree medicine or public or private non-profit education and training in family that: (a) in providing traineeships, the hospitals are eligible for grant support. medicine. The intent is to design applicant will give preference to ‘‘Candidate status’’ will be accepted as programs that encourage graduates to individuals who are residents of health meeting the statutory requirement for seek residency training in family professional shortage areas designated ‘‘provisional approval.’’ medicine and eventually to enter a under section 332 of the Act; (b) the Funding Priorities and/or Preferences: career in family medicine. applicant will not provide a traineeship As provided in section 791(a) of the Eligibility: Public, or private to an individual enrolled in a master’s PHS Act, statutory preference will be nonprofit, accredited schools of of nursing program unless the given to any qualified applicant that: (1) medicine or osteopathic medicine are individual has completed basic nursing has a high rate for placing graduates in eligible for grant support. preparation, as determined by the practice settings having the principal Funding Priorities and/or Preferences: applicant; and (c) traineeships provided focus of serving residents of medically As provided in section 791(a) of the with the grant will pay all or part of the underserved communities; or (2) during PHS Act, statutory preference will be costs of the tuition, books, and fees of the 2-year period preceding the fiscal given to any qualified applicant that: (1) the program of nursing with respect to year for which such an award is sought, has a high rate for placing graduates in which the traineeship is provided and 40364 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices reasonable living expenses of the HIV infection or are HIV infected. All Fremont individual during the period for which Title III programs must provide HIV San Marcos the traineeship is provided. counseling and testing, counseling and LaMont Funding Priorities and/or Preferences: education on living with HIV, CT: Statutory Preference. In making awards appropriate medical evaluation and Bridgeport (2) of grants under this section, preference clinical care, and other essential New Haven will be given to any qualified applicant services such as oral health care, DC: Washington that—(1) has a high rate for placing outpatient mental health services and FL: graduates in practice settings having the nutritional services, and appropriate Key West principal focus of serving residents of referrals for specialty services. Miami (2) medically underserved communities; or Eligibility: Eligible applicants are Pompano Beach (2) during the 2-year period preceding Migrant Health Centers, Community Palm Beach the fiscal year for which such an award Health Centers, Health Care for the Immokalee is sought, has achieved a significant Homeless Programs, Family Planning GA: increase in the rate of placing graduates Organizations, Comprehensive Atlanta (2) in such settings. This preference will Hemophilia Diagnostic and Treatment Savannah only be applied to applications that rank Centers, Federally Qualified Health Waycross above the 20th percentile. Centers, and Public or non-profit private Augusta Statutory Special Consideration. entities that currently provide IA: Des Moines Special consideration will be given to comprehensive primary care services to IL: applications for traineeship programs people living with HIV/AIDS. Chicago (4) for nurse practitioner and nurse Limited Competition: Applicants are Rockford midwife programs which conform to limited to currently funded Ryan White IN: Indianapolis guidelines established by the Secretary Title III programs whose project periods KS: Wichita under section 822(b)(2) of the PHS Act. expire in FY 1998 and new MA: Established Funding Priority. A organizations proposing to serve the Northampton funding priority will be given to same populations currently being served Provincetown programs that demonstrate either by these existing Title III programs. Dorchester substantial progress over the past 3 Applications are also requested from Worchester years or a significant experience of 10 or new organizations that propose to serve New Bedford more years in enrolling and graduating new areas. These will be considered for Boston students from those minority FY 1998, should new funding become MI: Detroit (2) populations identified as at-risk of poor available. MO: health outcomes. Evaluation Criteria: The criteria are Springfield Evaluation Criteria: Awards are justification of need, organizational Kansas City determined by formula. capabilities and expertise, adequacy of MT: Billings Estimated Amount of Competition: proposed program plan, coordination NC: $15,600,000* (subject to availability of with other programs, program Asheville funds) evaluation, appropriateness and Durham Estimated Number of Awards: 270; justification of the budget, adherence to NJ: Contact: Marcia Starbecker at 301– program guidance. Newark 443–6193 or by e-mail at Estimated Amount of Competition: Paterson [email protected]; $35,000,000. New Brunswick Projected Award Date: 3/98; Estimated Number of Awards: 97. NM: Albuquerque Contact: 1–888–333-HRSA; Projected Award Date: FY 1998. NV: Application Availability: 7/15/97; Contact: 1–888–333–HRSA. Reno Application Deadline: 11/3/97; Application Availability: 7/10/97. Las Vegas CFDA: 93.358. Application Deadline: 10/10/97. NY: CDFA Number: 93.918. New York City (6) *Formula Program—All eligible schools Bronx (2) will receive awards. Existing Ryan White Title III Service Brooklyn (2) HIV/AIDS Program Areas * Rochester Buffalo Outpatient Early Intervention Services AZ: Queens With Respect to HIV Disease (RYAN Phoenix Peekskill WHITE Title III) Tucson AR: Pine Bluff Syracuse Authorization sections 2651–2667 of AL: Albany the Public Health Service Act, 42 U.S.C. Mobile OH: Cincinnati 300ff-51–330ff-67 Anniston OK: Tulsa Purpose: To provide on an outpatient Montgomery PA: basis, high quality early intervention AK: Anchorage Philadelphia (3) services/primary care to individuals CA: Allentown with HIV infection. This is Santa Cruz Pittsburgh accomplished by increasing the present San Francisco Chester capacity and capability of eligible Los Angeles (2) York ambulatory health service entities. San Fernando PR: These expanded services become a part Santa Ana Humacao of a continuum of HIV prevention and San Bernardino San Juan care for individuals who are at risk for San Jose Mayaguez Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40365
Lares (C/MHC) programs are designed to State City Deadline Gurabo promote the development and operation RI: Providence of community-based primary health care WV .... Rainelle ...... 08/01/97 TX: service systems in medically Grafton ...... 02/01/98 Houston underserved areas for medically HRSA FIELD OFFICE IV (404) 331±0250 Dallas underserved populations. Assuming the Fort Worth availability of sufficient appropriated AL ..... Tuscaloosa ...... 10/01/97 Austin funds in FY 1998, it is the intent of Huntsville ...... 08/01/97 San Antonio HRSA to continue to support health FL ...... W. Palm Beach ...... 09/01/97 UT: Salt Lake City services in these areas, given the unmet Pompano Beach ...... 09/01/97 Avon Park ...... 10/01/97 *Applications are also requested from new need inherent in their provision of services to a medically underserved Wewahitchka ...... 12/01/97 organizations that propose to serve new GA ..... Morganton ...... 08/01/97 areas. These will be considered for FY 1998 population. HRSA will open Decatur ...... 09/01/97 should new funding become available. competition for awards under section KY ..... Prestonburg ...... 10/01/97 Maternal and Child Health Research 330 of the PHS Act (42 U.S.C. 254b for MS .... Mound Bayou ...... 08/01/97 Cycle CHCs and 42 U.S.C. 254b(g) for MHCs) Biloxi ...... 09/01/97 to support health services in the areas NC ..... Snow Hill ...... 08/01/97 Authorization Title V of the Social currently served by these grants. Eighty- SC ..... Greenville ...... 10/01/97 Security Act, 42 U.S.C. 701. three C/MHC grantees will reach the Eastover ...... 10/01/97 Purpose: To encourage research in end of their project periods during FY Rock Hill ...... 10/01/97 maternal and child health which has the Winnsboro ...... 10/01/97 1998. Fairfax ...... 12/01/97 potential for ready transfer of findings to Deadline: Current grant expiration McClellanville ...... 12/01/97 health care delivery programs. Of dates vary by area throughout FY 1998. TN ..... Wartburg ...... 09/01/97 special interest are projects that address Applications for competing factors and processes that lead to continuation grants are normally due HRSA FIELD OFFICE V (312) 353±1715 disparities in health status and the use 120 days prior to the expiration of the of services among minority and other current grant award. The 52 service IL ...... Chicago ...... 10/01/97 disadvantaged groups as well as health MI ...... Detroit ...... 10/01/97 areas listed are for projects with an Sparta ...... 09/01/97 promoting behaviors, quality outcome application deadline on or before Pullman ...... 12/01/97 measures, and system/integration January 1, 1998. All expiring project OH .... Akron ...... 08/01/97 reform. areas will be listed in a subsequent Youngstown ...... 09/01/97 Eligibility: 42 CFR Part 51a.3. Preview. WI ..... Milwaukee ...... 09/01/97 Evaluation Criteria: Final criteria are Limited Competition: Applicants are included in the application kit. limited to currently funded programs HRSA FIELD OFFICE VI (214) 767±3872 Estimated Amount of the whose project periods expire in FY 1998 OK ..... Tulsa ...... 12/01/97 Competition: $1,900,000. and new organizations proposing to TX ..... Houston ...... 09/01/97 Estimated Number of Awards: 12. serve the same populations currently Rio Grande Ct...... 10/01/97 Funding Priorities and/or Preferences: being served by these existing programs. Newton ...... 12/01/97 Within the issues/questions comprising Field Office the research agenda, preference for HRSA FIELD OFFICE VII (816) 426±5296 funding will be given to projects which: Communication with Field Office staff is essential for interested parties in NE ..... Omaha ...... 10/01/97 (1) Seek to develop measures of racism Lincoln ...... 12/01/97 and/or study its consequences for the deciding whether to pursue Federal health of mothers and children; (2) funding as a C/MHC. Technical HRSA FIELD OFFICE VIII (303) 844±3203 investigate the role that fathers play in assistance and detailed information caring for and nurturing the health, about each service area, such as census CO .... Denver ...... 09/01/97 growth, and development of children; tracts, can be obtained by contacting the SD ..... Rapid City ...... 10/01/97 appropriate HRSA Field Office listed on and (3) address the factors and HRSA FIELD OFFICE IX (415) 437±8090 processes that enhance the quality, the following page. safety, access, and effectiveness of AZ ..... Tucson ...... 09/01/97 health care services provided to mothers State City Deadline CA ..... Los Angeles ...... 8/01/97 and newborns, especially in light of the 10/01/97 HRSA FIELD OFFICE I (617) 565±1426 impact of managed care. Fresno ...... 08/01/97 NE ..... Las Vegas ...... 09/01/97 Projected Award date: 12/97; ME .... Bethel ...... 10/01/97 Contact: 1–888–333–HRSA; Eastport ...... 12/01/97 HRSA FIELD OFFICE X (206) 615±2491 Application Deadline: 8/1/97; MA .... Roxbury ...... 10/01/97 Application Availability: 6/97; RI ...... Pawtucket ...... 09/01/97 No CFDA Number: 93.110RS. current HRSA FIELD OFFICE II (212) 264±2664 projec- Primary Health Care Programs ts ex- NY ..... Bronx ...... 10/01/97 piring Notification of Expiring Project Periods Buffalo ...... 09/01/97 for Community and Migrant Health before Janu- HRSA FIELD OFFICE III (215) 596±6122 Centers ary 1, Authorization section 330 of the PA ..... Philadelphia ...... 08/01/97 1998. Public Health Service Act, 42 U.S.C. Chester ...... 10/01/97 254b and 254b(g). Hyndman ...... 10/01/97 Health Care for the Homeless. Purpose: The Community Health VA ..... Axton ...... 01/01/97 Authorization section 330 of the Public Center and Migrant Health Center St. Charles ...... 01/01/98 Health Service Act, 42 U.S.C 254b(h). 40366 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Purpose: The Health Care for the DEPARTMENT OF HEALTH AND State City Project Homeless (HCH) program is designed to end date HUMAN SERVICES increase the homeless populations access to cost-effective, case managed, WY .... Cheyenne ...... 10/31/97 Health Resources and Services and integrated primary care and Administration HRSA FIELD OFFICE IX (415) 437±8090 substance abuse services provided by existing community-based programs/ NV ..... Las Vegas ...... 12/31/97 Federal Set-Aside Program; Special providers. Assuming the availability of Projects of Regional and National sufficient appropriated funds in FY HRSA FIELD OFFICE X (206) 615±2491 Significance; Girl Neighborhood Power 1998, it is the intent of HRSA to Cooperative Agreements continue to support health services to WA .... Seattle ...... 10/31/97 the homeless populations in these areas/ Additional HRSA Program Notes AGENCY: Health Resources and Services locations given the continued need for Administration (HRSA). cost-effective, community-based Loan Repayment Program ACTION: Notice of availability of funds. primary care services for these HRSA is soliciting applications from medically underserved populations individuals for the Nursing Education within these geographic areas. Nine Loan Repayment program for Fiscal (FY) SUMMARY: The HRSA announces that HCH grantees will reach the end of their 1997. Under section 846 of the Public approximately $1.0 million in fiscal project periods during FY 1998. Health Service (PHS) Act, year (FY) 1997 funds is available for five Deadline: Current grant expiration approximately $2,197,000 will be cooperative agreements: one National dates vary by area throughout FY 1998. available and the HRSA estimates that Consortium of Girl Neighborhood Power Applications for competing approximately 195 loan repayment Partners and four Community-Based continuation grants are normally due awards may be made. The program will Girl Neighborhood Power Partners 120 days prior to the expiration of the repay up to 85 percent of the nursing Programs. All awards will be made current grant award. The nine service education loans of registered nurses under the program authority of section areas listed are for projects with an who agree to serve for not less than 2 502(a) of the Social Security Act, the application deadline on or before years as nurse employees in certain MCH Federal Set-Aside Program. The January 31, 1998. health facilities. Additional information Girl Neighborhood Power (GNP) Limited Competition: Applicants are and application materials with a list of Program will be administered through limited to currently funded programs counties (parishes) with the greatest HHS intra-agency agreements as a whose project periods expire in FY 1998 shortage of nurses may be obtained by Maternal and Child Health (MCH) and new organizations proposing to calling or writing to: Sharley Chen, 4350 Special Project of Regional and National serve the same populations currently East-West Highway, 10th Floor, Significance (SPRANS) initiative. being served by these existing programs. Bethesda, MD 20814, (301) 594–4400, Awards will be made for 5-year periods. Field Office (301) 594–4981 (FAX). Funds for GNP cooperative agreements The 24-hour toll-free phone number is are appropriated by Public Law 104– Communication with Field Office 1–800–435–6464. 208. Within the HRSA, SPRANS awards staff is essential for interested parties in Health Professions Programs are administered by the Maternal and deciding whether to pursue Federal Child Health Bureau (MCHB). funding as an HCH. Detailed Competitive cycles for Fiscal Year FY information about each service area, 1998 are not anticipated for the The Public Health Service (PHS) is such as census tracts, can be obtained following Health Professions Programs: committed to achieving the health CFDA 93.884—Residency Training in promotion and disease prevention by contacting the appropriate HRSA General Internal Medicine and/or Field Office listed below: objectives of Healthy People 2000, a General Pediatrics PHS-led national activity for setting CFDA 93.884—Predoctoral Training in priority areas. The MCH Block Grant State City Project end date General Internal Medicine and/or Federal Set-Aside Program addresses General Pediatrics issues related to the Healthy People CFDA 93.900—Faculty Development in HRSA FIELD OFFICE II (212) 264±2664 2000 objectives of improving maternal, General Internal Medicine and/or infant, child and adolescent health and NY ..... New York ...... 10/31/97 General Pediatrics developing service systems for children HRSA FIELD OFFICE IV (404) 331±0250 Maternal and Child Health Programs with special health care needs. Potential Girl Neighborhood Power is a applicants may obtain a copy of Healthy FL ...... Miami ...... 10/31/97 Secretarial Initiative designed to help People 2000 (Full Report: Stock No. encourage and empower 9–14 year old HRSA FIELD OFFICE V (312) 353±1715 017–001–00474–0) or Healthy People girls. For information, contact Samuel 2000 (Summary Report: Stock No. 017– OH .... Columbus ...... 01/31/98 Kessel, MD, 5600 Fishers Lane, 001–00473–1) through the Parklawn Bldg, Room 18A55, Rockville, Superintendent of Documents, HRSA FIELD OFFICE VI (214) 767±3872 MD 20857. Telephone (301) 443–2340 Government Printing Office, or e-mail at [email protected]. Washington, DC 20402–9325 OK Tulsa ...... 12/1/97 BETWEEN ISSUES—DON’T FORGET (telephone: 202–512–1800). HRSA FIELD OFFICE VII (816) 426±5296 TO CHECK THE FEDERAL REGISTER The PHS strongly encourages all grant FOR GRANT ANNOUNCEMENTS recipients to provide a smoke-free NE ..... Omaha ...... 10/1/97 THAT MAY APPEAR AFTER THE workplace and promote the non-use of HRSA PREVIEW IS ISSUED. HRSA FIELD OFFICE VIII (303) 844±3203 all tobacco products. In addition, Public Law 103–227, the Pro-Children Act of SD ..... Rapid City ...... 01/31/98 [FR Doc. 97–19757 Filed 7–25–97; 8:45 am] 1994, prohibits smoking in certain BILLING CODE 4160±15±P facilities (or in some cases, any portion Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40367 of a facility) in which regular or routine Room 18–12, Rockville, Maryland a demonstrated commitment to: education, library, day care, health care 20857, telephone: 301–443–1440. contributing to strengthening career and or early childhood development family roles; providing opportunities for SUPPLEMENTARY INFORMATION: services are provided to children. community service; fostering access to Program Background and Objectives ADDRESSES: Federal Register notices diverse communities; including and application guidance for MCHB Girl Neighborhood Power!: Building participants in the planning and programs are available on the World Bright Futures for Success is a implementation of efforts; and involving Wide Web via the Internet at address: collaborative, multi-phase, effort by the key leaders who are in a position to http://www.os.dhhs.gov/hrsa/mchb. Department of Health and Human make a difference in effecting positive Click on the file name you want to Services (HHS) and America’s change. Challenge grants will take the form of download to your computer. It will be communities to help encourage and cooperative agreements to support saved as a self-extracting (Macintosh or empower 9 to 14 year-old girls to make special projects that: Plan and WordPerfect 5.1) file. the most of their lives. As part of the implement innovative and cost-effective Secretary’s Girl Power Campaign and To decompress the file once it is approaches for directing resources to the Administration’s strategy to prevent downloaded, type in the file name promote community-defined preventive teen pregnancy, and as a response to the followed by a
Criteria for Review based nongovernmental organizations of alcohol and tobacco. It is intended to The criteria which follow are used, as within their jurisdictions. provide these youth, early in life, pertinent, to review and evaluate Community-based nongovernmental positive messages, role models, and applications for awarding all SPRANS applicants are required to submit the opportunities to learn and achieve. grants and cooperative agreements. following information to the head of the Upon receipt of satisfactory Further guidance regarding review appropriate State and local health applications that are recommended for criteria specific to the GNP program is agencies in the area(s) to be impacted no approval by an Initial Review Group supplied in application materials, later than the Federal application and the CSAP National Advisory which will specify final criteria. receipt due date: Council, up to $417,500 in Federal (a) A copy of the face page of the funds may be awarded to each —The quality of the project plan or application (PHS 5161–1). organization for a 12-month project methodology. (b) A summary of the project (PHSIS), period. —The extent to which the project will not to exceed one page, which provides: This is not a formal request for contribute to the advancement of (1) A description of the population to applications. Grant funds will be maternal and child health and/or be served. provided only to the two organizations improvement of the health of children (2) A summary of the services to be named above. with special health care needs. provided. AUTHORITY/JUSTIFICATION: These grants —The extent to which the project is (3) A description of the coordination responsive to policy concerns will be made under the authority of planned with the appropriate State and Section 501(d)(5) of the Public Health applicable to MCH grants and to local health agencies. program objectives, requirements, Service Act (42 U.S.C. 290aa). priorities and/or review criteria for Executive Order 12372 The Catalog of Federal Domestic specific project categories, as The MCH Federal set-aside program Assistance (CFDA) number is 93.144. published in program announcements has been determined to be a program Iowa is presently serving as a national or guidance materials. which is not subject to the provisions of model for coordinating Federal —The extent to which the estimated Executive Order 12372 concerning substance abuse prevention funds and cost to the Government of the project intergovernmental review of Federal activities with the Iowa Departments of is reasonable, considering the programs. The OMB Catalog of Federal Education, Human Rights, Human anticipated results. Domestic Assistance number is 93.110X. Services, Public Safety, the Iowa —The extent to which the project Governor’s Alliance on Substance Dated: July 22, 1997. personnel are well qualified by Abuse and three State universities. It is training and/or experience for their Claude Earl Fox, one of very few States with this level of roles in the project and the applicant Acting Administrator. coordination. Iowa also presents unique organization has adequate facilities [FR Doc. 97–19711 Filed 7–25–97; 8:45 am] opportunities to exploit this Federal and and personnel. BILLING CODE 4160±15±P State-level coordination in relation to —The extent to which, insofar as substance abuse prevention service practicable, the proposed activities, if directed at substance abuse among well executed, are capable of attaining DEPARTMENT OF HEALTH AND youthful gang members due to the project objectives. HUMAN SERVICES previously established activities of two —The adherence of the project’s service providers in the cities of Des evaluation plans to the requirements Substance Abuse and Mental Health Moines and Davenport. It is believed the of the Evaluation Protocol. Services Administration experiences in these two cities in addressing substance abuse among gang —The extent to which the project will Grants to Family Resources, Inc., members will serve as a relatively be integrated with the administration Bettendorf, Iowa, and PACE/Orchard confined model, not possible in larger of the Maternal and Child Health Place-Child Guidance, Inc., Des problem areas, of what benefits can Services block grants, State primary Moines, Iowa care plans, public health and accrue when multi-level State prevention programs, State and local AGENCY: Center for Substance Abuse collaboration and Federal participation Medicaid agencies, and other related Prevention (CSAP), Substance Abuse merge in addressing this subgroup. It is programs in the respective State(s). and Mental Health Services noted that community poverty and —The extent to which the application is Administration (SAMHSA), DHHS. delinquency are believed to be the two responsive to the special concerns ACTION: Planned awards to prevent strongest characteristics of youth who and program priorities specified in substance use among youth at risk for join gangs and are also important to this notice. gang/juvenile court involvement in youth involvement in substance abuse. Davenport and Des Moines, Iowa. CSAP expects that the multi-faceted Public Health System Reporting collaborative approach in providing Requirements SUMMARY: This notice is to provide innovative strategies in addressing This program is subject to the Public information to the public concerning factors in multiple domains which is Health System Reporting Requirements planned awards by CSAP/SAMHSA to possible in Iowa through these service (approved under OMB No. 0937–0195). Family Resources, Inc., Bettendorf, providers will provide evidence of the Under these requirements, the Iowa, and PACE/Orchard Place-Child utility of such approaches. CSAP community-based nongovernmental Guidance, Inc., Des Moines, Iowa, to anticipates the Iowa model will become applicant must prepare and submit a fund the ‘‘Iowa Youth Substance Abuse even more useful to other States if this Public Health System Impact Statement Prevention Community-Based juvenile gang connection to substance (PHSIS). The PHSIS is intended to Initiative.’’ This initiative is designed to abuse is further developed as a result of provide information to State and local educate and enable Iowa’s youth at risk the funds provided by this initiative. health officials to keep them apprised of for gang involvement and/or first Eligibility to apply for funds under proposed health services grant involvement in juvenile court to reject this initiative in Iowa is limited to applications submitted by community- illegal drugs as well as the underage use Family Resources, Inc., in Bettendorf, 40370 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Iowa, and PACE/Orchard Place-Child comments are welcome during the open Substantive program information may be Guidance, Inc., in Des Moines, Iowa, session. Please notify the contact listed obtained from the contact listed below. whose innovative efforts to design and below if you would like to make Committee Name: Center for Substance implement state-of-the art substance comments or if you have a disability Abuse Prevention National Advisory abuse and gang prevention which requires reasonable Council. programming have made them uniquely accommodation. Meeting Dates: September 17–18, 1997. suited for this explorative effort. The meeting also will include the Place: Marriott Residence Inn, 7335 Both organizations address youth Wisconsin Avenue, Bethesda, MD 20814. review, discussion, and evaluation of Closed: September 17, 1997, 10:00 a.m. to substance abuse by preventing school individual grant applications and adjournment. truancy, improving academic contract proposals. Therefore, a portion Open: September 17, 1997, 8:30 a.m. to performance, tracking services to of the meeting will be closed to the 10:00 a.m.; September 18, 1997, 8:30 a.m. to improve school attendance, providing public as determined by the 5:00 p.m. tutoring services, family involvement Administrator, SAMHSA, in accordance Contact: Yuth Nimit, Ph.D., Rockwall II projects, after-school programming, with Title 5 U.S.C. 552b(c) (3), (4) and Building, Suite 901, Telephone: (301) 443– extensive substance abuse education, (6) and 5 U.S.C. App. 2, Section 10(d). 8455. and school-based supportive services. A summary of the agenda and a roster Dated: July 22, 1997. Additionally, PACE/Orchard Place- of Council members may be obtained Jeri Lipov, Child Guidance, Inc., is the only private from Ms. Patricia Gratton, Committee Committee Management Officer, Substance agency in Iowa working with substance Management Officer, CMHS, Room Abuse and Mental Health Services abuse and delinquency prevention and 11C–26, Parklawn Building, Rockville, Administration. truancy reduction in the Des Moines Maryland 20857, Telephone: (301) 443– [FR Doc. 97–19766 Filed 7–25–97; 8:45 am] public schools. PACE/Orchard Place- 7987. BILLING CODE 4162±20±P Child Guidance, Inc., is also the primary Substantive program information may private provider of preventive services be obtained from the contact whose under contract with Polk County name and telephone number is listed DEPARTMENT OF HOUSING AND Juvenile Court. Similarly, Family below. URBAN DEVELOPMENT Resources, Inc., administers the oldest Committee Name: CMHS National substance abuse prevention and gang Advisory Council. [Docket No. FR±4238±N±04] intervention program in the ‘‘Quad Meeting Dates: September 11–12, 1997. cities’’ area, and the program served as Place: Hotel Washington, 515–15th Street, Notice of Funding Availability (NOFA) a pilot project for the State of Iowa. NW, Washington, DC 20004. and Program Guidelines for For the above reasons, only Closed: September 11, 9:00 a.m.–12:00 Homeownership Zones; Fiscal Year applications from the Iowa Noon. 1997; Correction and Extension of organizations identified above may be Open: September 11, 12:00 Noon–5:00 p.m. Deadline September 12, 9:00 a.m.–Adjournment. considered for this program. Contact: Ina B. Lyons, Room 13–103, AGENCY: Office of the Assistant CONTACT: Sylvia L. Quinton, J.D., Parklawn Building, Telephone: (301) 443– Secretary for Community Planning and Deputy Director, Office of Policy and 7586 and FAX: (301) 443–5163. Development, HUD. Planning, CSAP, SAMHSA, Rockwall II, The CSAP National Advisory Council ACTION: Notice of Funding Availability 9th Floor, 5600 Fishers Lane, Rockville, meeting will be open and will include a roll (NOFA); Correction and Extension of MD 20857; (301) 443–0315. call, general announcements, and a discussion on administrative matters. The Deadline. Dated: July 20, 1997. agenda will also include presentations on Richard Kopanda, collaborations with the National Drug SUMMARY: On July 7, 1997 HUD Executive Officer, SAMHSA. Prevention League, report on CSAP’s HIV/ published the fiscal year (FY) 1997 [FR Doc. 97–19723 Filed 7–25–97; 8:45 am] AIDS activities, introduction to the NOFA and program guidelines for Secretary’s Initiatives, update on the National BILLING CODE 4162±20±P Homeownership Zones. This notice Household Survey on Drug Abuse and provides a copy of the lobbying related data issues, discussions of certification that applicants must submit administrative matters and announcements, DEPARTMENT OF HEALTH AND and reports by workgroups of the SAMHSA in accordance with 24 CFR part 87; the HUMAN SERVICES National Advisory Council and the CSAP copy of the certification was National Advisory Council. Public comments inadvertently omitted from the July 7, Substance Abuse and Mental Health are welcome during the open session. Please 1997 NOFA. This notice also provides Services Administration notify the contact listed below if you would additional information about the like to make comments of if you have a availability of and instructions for Notice of Meetings disability which requires reasonable completing the forms applicants are accommodation. Pursuant to Pub. L. 92–463, notice is required to submit. This notice corrects A portion of the meeting will include the a typographical error with regard to the hereby given of the meetings of the review, discussion and evaluation of Center for Mental Health Services individual grant applications and contract points available for the rating criteria. (CMHS) National Advisory Council and proposals. Therefore, a portion of the meeting Finally, this notice extends the the Center for Substance Abuse will be closed to the public as determined by application submission deadline until Prevention (CSAP) National Advisory the Administrator, SAMHSA, in accordance September 30, 1997. Council in September 1997. with Title 5 U.S.C. 552b(c) (3), (4) and (6) and DEADLINE DATE: One original and two The CMHS National Advisory Council 5 U.S.C. App. 2, Section 10(d). copies of each application must be meeting will be open and will include A summary of this meeting and a roster of received by HUD Headquarters at the committee members may be obtained from a roll call, general announcements and Yuth Nimit, Ph.D., Executive Secretary, address provided below by the deadline discussions of Government Performance CSAP National Advisory Council, Rockwall date. One additional copy must be and Results Act activities, KDA and II Building, Suite 901, 5600 Fishers Lane, received by the HUD Field Office by the Block Grant outcomes issues, HIV/AIDS, Rockville, MD 20857, Telephone: (301) 443– deadline date. All four copies may be and defining ‘‘mental health’’. Public 8455. used in reviewing the application. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40371
Applications Delivered. Applications 7164, Department of Housing and Urban available through Community are due before midnight on September Development, 451 Seventh Street, SW., Connections by calling (800) 998–9999. 30, 1997. Before the deadline date, and Washington, DC 20410; telephone (202) The forms are also available through on normal workdays between the hours 708–2685 (this is not a toll-free HUD’s homepage on the Internet (http:/ of 8:30 a.m. and 4:30 p.m., completed number). Hearing- or speech-impaired /www.hud.gov). individuals may access this number via applications will be accepted at the Criteria for Rating Applications Processing and Control Unit, Room TTY by calling the Federal Information 7255, Community Planning and Relay Service at (800) 877–TDDY, The July 7, 1997 NOFA described the Development at the address provided which is a toll-free number. You may criteria HUD will consider when below. also contact the HUD field office serving selecting applications for funding (see After 4:30 p.m. on the deadline date, your area at the number and address 62 FR 36415–16). The description of hand-delivered applications will be provided in Appendix A of the July 7, criteria (5)—Capacity to Successfully received at the South Lobby of the 1997 NOFA. General background Carry Out the Plan—in the NOFA Department of Housing and Urban information about homeownership contains a typographical error. Although Development at the address provided zones is also available through the NOFA provides that 15 points are below. HUD will treat as ineligible for Community Connections by calling available for this criteria, the NOFA consideration hand-delivered (800) 998–9999. incorrectly provides that HUD will applications that are received after SUPPLEMENTARY INFORMATION: On July 7, award not more than 19 points to midnight on September 30, 1997. 1997 (62 FR 36412), HUD published the proposals that do not includes a local Applications Mailed. HUD will FY 1997 NOFA and program guidelines partnership recognized by the National consider applications as received by the for Homeownership Zones. The July 7, Partners in Homeownership. The NOFA deadline if they are postmarked before 1997 NOFA announced the availability should, however, provide that no more midnight on September 30, 1997, and of $10 million to help reclaim distressed than 14 points will be awarded in the received by HUD Headquarters within neighborhoods by creating absence of such a partnership. ten (10) calendar days after that date. homeownership opportunities for low- Accordingly, FR Doc. 97–17548, the Applications Sent by Overnight and moderate-income families, and to NOFA and Program Guidelines for Delivery. HUD will consider serve as a catalyst for private Homeownership Zones, published in applications sent by overnight delivery investment, business creation, and the Federal Register on July 7, 1997 (62 as having been received by the deadline neighborhood revitalization. The NOFA FR 36412) is amended on page 36416, upon submission of documentary contained information concerning basic column 3, by correcting the introductory evidence that they were placed in program requirements, eligible paragraph of section I.J(5), to read as transit with the overnight delivery applicants, funding availability, and follows: service by no later than September 30, application requirements and I. Purpose and Substantive Description 1997. procedures. * * * * * Applications Sent by Facsimile Application Submission Requirements (FAX). HUD will NOT accept any J. Criteria for Rating Applications One of the application submission application sent by FAX. * * * * * Applications Sent to HUD Field requirements is the certification Offices. One copy of the application regarding lobbying, which is required (5) Capacity to Successfully Carry Out must be received by the HUD field office under HUD’s regulations in 24 CFR part the Plan 87 (see 62 FR 36415). As indicated in serving the area in which the applicant’s HUD will award up to 15 points based the NOFA, HUD intended to include a Homeownership Zone is located. The on the capacity of the applicant, its copy of this certification as part of field office must receive this copy by the development team, and other partners to Appendix B of the NOFA (see 62 FR deadline date, but a determination that implement Homeownership Zone 36415), as well as a copy of the form for an application was received on time activities successfully. HUD is primarily the disclosure of lobbying activities will be made solely according to the concerned that the experience of the (SF–LLL) (see 62 FR 36419). While receipt of the application at HUD entities and key staff carrying out each Appendix B of the NOFA did include Headquarters in Washington, DC. activity reflect the specific areas of the form for the disclosure of lobbying ADDRESSES: competency required for success in This notice does not change activities, HUD inadvertently failed to the application submission information provide a copy of the required carrying out that activity. For example, provided in the July 7, 1997 NOFA. One certification. Therefore, a copy of that if a nonprofit developer will be original and two copies of the certification is attached to this notice. responsible for building and marketing completed application must be Another application submission 100 homes, HUD will expect that the submitted to HUD Headquarters at the requirement is the Standard Form (SF) developer has successfully undertaken following address: Processing and 424, the Application for Federal similar projects in the past. HUD may Control Unit, Room 7255, Office of Assistance (see 62 FR 36414). consider information from performance Community Planning and Development, Applicants should note that since the reports, financial status information, Department of Housing and Urban funding for Homeownership Zones is monitoring reports, audit reports, and Development, 451 Seventh Street, SW., relatively new, there is no Catalog of other information available to HUD in Washington, DC 20410. One additional Federal Domestic Assistance number for making its determination under this copy of the application must be sent to the program; applicants should indicate criterion. HUD will not award more the Director of Community Planning ‘‘not applicable’’ in box 10 of than 14 points under this criterion to and Development, at the HUD field application form. any proposal that does not include a office serving the State in which the The lobbying certification, the local partnership recognized by the Homeownership Zone is located. lobbying disclosure form (SF–LLL), and National Partners in Homeownership. In FOR FURTHER INFORMATION CONTACT: Mr. the application form (SF–424), as well responding to this criterion, applicants Gordon McKay, Director, Office of as general background information should: Affordable Housing Programs, Room about homeownership zones, are also * * * * * 40372 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Dated: July 23, 1997. DEPARTMENT OF THE INTERIOR University, and Wichita State University Jacquie Lawing, professional staff in consultation with General Deputy, Assistant Secretary for Bureau of Land Management representatives of the Citizen Band of Community Planning and Development. [WY±921±41±5700; WYW107756] Potawatomi, the Prairie Band of Potawatomi Indians, and the Kaw Certification Regarding Lobbying Notice of Proposed Reinstatement of Indian Tribe. Certification for Contracts, Grants, Loans, Terminated Oil and Gas Lease In 1969, human remains representing and Cooperative Agreements two individuals were recovered from July 18, 1997. site 14SH322 during legally authorized The undersigned certifies, to the best of his Pursuant to the provisions of 30 excavations by KSHS for the proposed or her knowledge and belief, that: U.S.C. 188 (d) and (e), and 43 CFR Grove Reservoir project. No known (1) No Federal appropriated funds have 3108.2–3 (a) and (b) (1), a petition for individuals were identified. The 31 been paid or will be paid, by or on behalf of reinstatement of oil and gas lease associated funerary objects include the undersigned, to any person for WYW107756 for lands in Campbell ceramic sherds, glass beads, a copper influencing or attempting to influence an bracelet, a fire steel, a projectile point, officer or employee of an agency, a Member County, Wyoming, was timely filed and and a gunflint. of Congress, an officer or employee of was accompanied by all the required rentals accruing from the date of Site 14SH322 has been identified as Congress, or an employee of a Member of precontact Plains Woodland and Congress in connection with the awarding of termination. The lessee has agreed to historic Native American habitation site any Federal contract, the making of any the amended lease terms for rentals and based on material culture. Based on the Federal grant, the making of any Federal royalties at rates of $5.00 per acre, or 2 associated funerary objects and loan, the entering into of any cooperative fraction thereof, per year and 16 ⁄3 indications of wood coffins, these agreement, and the extension, continuation, percent, respectively. individuals have been determined to be renewal, amendment, or modification of any The lessee has paid the required $500 Native American, and the burials date Federal contract, grant, loan, or cooperative administrative fee and $125 to from approximately 1825–1870 A.D. agreement. reimburse the Department for the cost of This site is within the boundaries of the (2) If any funds other than Federal this Federal Register notice. The lessee appropriated funds have been paid or will be has met all the requirements for Potawatomi reservation of 1848–1861. paid to any person for influencing or reinstatement of the lease as set out in Consultation with representatives of the attempting to influence an officer or Section 31 (d) and (e) of the Mineral Citizen Band of Potawatomi, the Prairie employee of any agency, a Member of Lands Leasing Act of 1920 (30 U.S.C. Band of Potawatomi Indians, and the Congress, an officer or employee of Congress, 188), and the Bureau of Land Kaw Indian Tribe indicates these burials or an employee of a Member of Congress in Management is proposing to reinstate are likely to be affiliated with the connection with this Federal contract, grant, lease WYW107756 effective March 1, Potawatomi rather than the Kaw Indian loan, or cooperative agreement, the 1997, subject to the original terms and Tribe. undersigned shall complete and submit conditions of the lease and the In 1984 and 1992, human remains Standard Form-LLL, ‘‘Disclosure Form to increased rental and royalty rates cited representing one individual were Report Lobbying,’’ in accordance with its above. recovered from the surface of site 14SH334, a plowed field on the west instructions. Pamela J. Lewis, (3) The undersigned shall require that the edge of Rossville by KSHS archeologists. Chief, Leasable Minerals Section. No known individual was identified. language of this certification be included in [FR Doc. 97–19725 Filed 7–25–97; 8:45 am] the award documents for all subawards at all The associated funerary object is a BILLING CODE 4310±22±P tiers (including subcontracts, subgrants, and copper or brass crucifix. contracts under grants, loans, and Site 14SH334 may be associated with the farmstead of the Potawatomi cooperative agreements) and that all DEPARTMENT OF THE INTERIOR subrecipients shall certify and disclose families Laughton and Laughton- Nadeau dating from 1848 to 1868 based accordingly. National Park Service This certification is a material on historic records pertaining to the representation of fact upon which reliance Notice of Inventory Completion for Potawatomi reservation located in was placed when this transaction was made Native American Human Remains and Shawnee county during 1848–1861. or entered into. Submission of this Associated Funerary Objects from Several other Potawatomi family certification is a prerequisite for making or Shawnee County, KS in the farmsteads were also present in the area, entering into this transaction imposed by Possession of the Kansas State known from both historical documents section 1352, title 31, U.S. Code. Any person Historical Society, Topeka, KS and confirmed through archeological who fails to file the required certification evidence. The associated funerary shall be subject to a civil penalty of not less AGENCY: National Park Service. object, dating from the mid-nineteenth than $10,000 and not more than $100,000 for ACTION: Notice. century, is a likely indicator of Catholic each such failure. religious affiliation, common for many Signed: lllllllllllllllll Notice is hereby given in accordance Potawatomi. Based on the associated with provisions of the Native American funerary object and likely age of the Date: llllllllllllllllll Graves Protection and Repatriation Act burial, this individual is believed to be lllllllllllllllllllll (NAGPRA), 25 U.S.C. 3003 (d), of the Native American, and the historic (Print name and title) completion of an inventory of human records for this site indicate this [FR Doc. 97–19916 Filed 7–25–97; 8:45 am] remains and associated funerary objects individual was likely Potawatomi. BILLING CODE 4210±29±P from Shawnee County, KS in the In 1880, human remains representing possession of the Kansas State Historical three individuals were donated to the Society, Topeka, KS. Kansas State Historical Society by Mr. A detailed assessment of the human Joel Lucas. No known individuals were remains was made by Kansas State identified. The three associated funerary Historical Society (KSHS), Kansas State objects include a decoratively carved Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40373 wood handle with a brass tack, one DEPARTMENT OF THE INTERIOR before August 27, 1997. Repatriation of metal hoe blade, and an iron trowel. these objects to the Citizen Band of National Park Service Donor information states Mr. Lucas Potawatomi and the Prairie Band of Potawatomi Indians may begin after that obtained these human remains and Notice of Intent To Repatriate Cultural associated funerary objects from date if no additional claimants come Items From Jackson County, KS in the forward. ‘‘Indian’’ graves located eight miles Possession of the Kansas State Dated: July 21, 1997. northwest of Topeka. This area was Historical Society, Topeka, KS within the Potawatomi reservation of Francis P. McManamon, 1848–1861. Based on the apparent age AGENCY: National Park Service. Departmental Consulting Archeologist, and types of associated funerary objects, ACTION: Notice.. Manager, Archeology and Ethnography the human remains also date from this Program. Notice is hereby given under the period. [FR Doc. 97–19789 Filed 7–25–97 ; 8:45 am] Native American Graves Protection and BILLING CODE 4310±70±F Based on the above mentioned Repatriation Act, 43 CFR 10.10 (a)(3), of information, officials of the Kansas State the intent to repatriate cultural items in Historical Society have determined that, the possession of the Kansas State pursuant to 43 CFR 10.2 (d)(1), the Historical Society which meet the DEPARTMENT OF JUSTICE human remains listed above represent definition of ‘‘unassociated funerary Solicitation for a Cooperative the physical remains of six individuals objects’’ under Section 2 of the Act. Agreement of Native American ancestry. Officials of The fourteen cultural items include the Kansas State Historical Society have silver conchos, silver pendents, a conch AGENCY: U.S. Department of Justice, also determined that, pursuant to 25 shell, two bead necklaces, a cowrie shell National Institute of Corrections. U.S.C. 3001 (3)(A), the 34 objects listed necklace, a powder horn, two pieces of ACTION: Solicitation for a Cooperative above are reasonably believed to have beaded cloth, two leather tobacco Agreement. been placed with or near individual pouches, and a distinctively shaped human remains at the time of death or piece of limestone. SUMMARY: The Department of Justice later as part of the death rite or In 1969, these items were donated to (DOJ), National Institute of Corrections ceremony. Lastly, officials of the Kansas the Kansas State Historical Society by (NIC) announces plans for award of a State Historical Society have T.W. McDonald of Carbondale, KS. cooperative agreement to fund a Information provided by the donor ‘‘Training for Trainers and Facilitators determined that, pursuant to 25 U.S.C. states the items were removed ‘‘from Project: A Training Program for Staff in 3001 (2), there is a relationship of graves approximately three miles Staff and Local Corrections Agencies.’’ shared group identity which can be southwest of Mayetta, Kans.’’ The Purpose: The National Institute of reasonably traced between these Native cultural items most likely date from the Corrections is seeking proposals for a American human remains and 1850s through the 1860s. The land that cooperative agreement to deliver associated funerary objects and the is three miles southwest of Mayetta, KS training for advanced correctional Citizen Band of Potawatomi and the is within the Prairie Band Potawatomi trainers in training design and Prairie Band of Potawatomi Indians. Reservation which has been exclusively development and to develop curriculum This notice has been sent to officials occupied by the Potawatomi since 1848. and train facilitators in state and local of the Citizen Band of Potawatomi, the Officials of the Kansas State Historical corrections agencies. The Training for Prairie Band of Potawatomi Indians, and Society have determined that, pursuant Trainers and Facilitators Project will be the Kaw Indian Tribe. Representatives to 25 U.S.C. 3001(3)(B), these fourteen a collaborative effort between NIC of any other Indian tribe that believes cultural items are reasonably believed to program staff and the cooperative itself to be culturally affiliated with have been placed with or near agreement recipient. these human remains and associated individual human remains at the time of Authority: Public Law 93–415. funerary objects should contact Randy death or later as part of the death rite Funds Available: Funding for the Thies, Archeologist, Kansas State or ceremony and are believed, by a project is limited to a maximum total Historical Society, 6425 SW Sixth, preponderance of the evidence, to have amount of $111,000 (direct and indirect been removed from a specific burial site costs) for one cooperative agreement. Topeka, KS 66606–1099; telephone: of an Native American individual. Funds may not be used for construction, (913) 272–8681, ext. 267, before August Officials of the Kansas State Historical or to acquire or build real property. If 27, 1997. Repatriation of the human Society have also determined that, the cooperative agreement is not remains and associated funerary objects pursuant to 25 U.S.C. 3001 (2), there is awarded by September 30, 1997, the to the Citizen Band of Potawatomi and a relationship of shared group identity government’s obligation under this the Prairie Band of Potawatomi Indians which can be reasonably traced between cooperative agreement is contingent may begin after that date if no these items and the Citizen Band of upon the availability of appropriated additional claimants come forward. Potawatomi and the Prairie Band of funds in FY 98 from which payment can Dated: July 21, 1997. Potawatomi Indians. be made. No legal liability on the part Francis P. McManamon, This notice has been sent to officials of the government for any payment may Departmental Consulting Archeologist, of the Citizen Band of Potawatomi and arise until funds are made available to the Prairie Band of Potawatomi Indians. NIC for this cooperative agreement and Manager, Archeology and Ethnography Program. Representatives of any other Indian tribe until the awardee receives notice in that believes itself to be culturally writing of such availability. [FR Doc. 97–19788 Filed 7–25–97; 8:45 am] affiliated with these objects should Deadline for Receipt of Applications: BILLING CODE 4310±70±F contact Randy Thies, Archeologist, Applications must be received by NIC’s Kansas State Historical Society, 6425 Washington Offices by 4:00 p.m., SW Sixth, Topeka, KS 66606–1099; Eastern time on Friday, August 29, telephone (913) 272–8681 ext. 267 1997. 40374 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Addresses and Further Information: DEPARTMENT OF JUSTICE Drug Schedule Requests for the application kit, which includes further details on the project’s Drug Enforcement Administration 4-Bromo-2,5- I objectives, etc. should be directed to dimethoxyamphetamine (7391). Importer of Controlled Substances; Judy Evens, Cooperative Agreement 4-Bromo-2,5- I Notice of Registration dimethoxyphenethylamine Control Office, National Institute of (7392). Corrections, 320 First Street, N.W., By notice dated March 31, 1997, and 4-Methyl-2,5- I Room 5007, Washington, D.C. 20534; or published in the Federal Register on Dimethoxyamphetamine (7395). by calling 800–995–6423, ext. 159; or May 12, 1997, (62 FR 25971), Lonza 2,5-dimethoxyamphetamine I 202–307–3106, ext. 159; or e-mail at Riverside, 900 River Road, (7396). [email protected]. Conshohocken, Pennsylvania 19428, 3,4-Methylenedioxyamphetamine I made application to the Drug (7400). All technical and/or programmatic Enforcement Administration to be 3,4-Methylenedioxy-N- I information on this announcement registered as an importer of ethylamphetamine (7404). should be directed to Ms. Judith Blair, phenylacetone (8501), a basic class of 3,4- I National Institute of Corrections, controlled substance listed in Schedule Methylenedioxymethamphetam- Academy Division, 1960 Industrial II. ine (7405). Circle, Suite A, Longmont, CO 80501 or No comments or objections have been 4-Methoxyamphetamine (7411) .... I by calling 800–995–6429, ext. 122 or received. DEA has considered the Psilocybin (7437) ...... I 303–682–0382, ext. 122, or by e-mail at: factors in Title 21, United States Code, Pssilocyn (7438) ...... I Etorphine (except HC1) (9056) .... I Section 823(a) and determined that the [email protected]. Heroin (9200) ...... I Eligible Applicants: An eligible registration of Lonza Riverside to import Pholocodine (9314) ...... I phenylacetone is consistent with the applicant is any private, non-profit Amphetamine (1100) ...... II public interest and with United States organization or institution, or Methamphetamine (1105) ...... II obligations under international treaties, individual. Amobarbital (2125) ...... II conventions, or protocols in effect on Pentobarbital (2270) ...... II Review Consideration: Applications May 1, 1971, at this time. Therefore, Cocaine (9041) ...... II received under this announcement will pursuant to Section 1008(a) of the Codeine (9050) ...... II be subjected to an NIC 3–5 member Peer Controlled Substances Import and Dihydrocodeine (9120) ...... II Review Process. Export Act and in accordance with Title Oxycodone (9143) ...... II Number of Awards: One (1). 21, Code of Federal Regulations, Section Hydromorphone (9150) ...... II 1301.34, the above firm is granted Benzoylecgonine (9180) ...... II NIC Application Number: 97A08. registration as an importer of the basic Ethylmorphine (9190) ...... II This number should appear as a class of controlled substance listed Meperidine (9230) ...... II reference line in your cover letter and above. Methadone (9250) ...... II also in box 11 of Standard Form 424. Dextropropoxyphene, bulk (non- II Dated: July 1, 1997. dosage forms) (9273). Other Information: Applicants are John H. King, Morphine (9300) ...... II advised that the narrative description of Deputy Assistant Administrator, Office of Thebaine (9333) ...... II their program, not including the budget Diversion Control, Drug Enforcement Levo-alphacetylmethadol (9648) .. II justification or Standard Form 424, Administration. Oxymorphone (9652) ...... II attachments and appendices should not [FR Doc. 97–19721 Filed 7–25–97; 8:45 am] exceed forty (40), double-spaced typed BILLING CODE 4410±09±M No comments or objections have been pages. received. DEA has considered the Executive Order 12372: This program factors in Title 21, United States Code, DEPARTMENT OF JUSTICE is subject to the provisions of Executive Section 823(a) and determined that the Order 12372. Executive Order 12372 Drug Enforcement Administration registration on Radian International LLC allows the States the option of setting to import the listed controlled up a system for reviewing applications Importer of Controlled Substances; substances is consistent with the public from within their States for assistance Notice of Registration interest and with United States obligations under international treaties, under certain Federal programs. By notice dated May 6, 1997, and Applicants (other than Federally- conventions, or protocols in effect on published in the Federal Register on May 1, 1971, at this time. Therefore, recognized Indian tribal governments) May 19, 1997, (62 FR 27281), Radian should contact their State Single Point pursuant to Section 1008(a) of the International LLC, 8501 North Mopac Controlled Substances Import and of Contact (SPOC), a list of which is Blvd., P.O. Box 201088, Austin, Texas Export Act and in accordance with Title included in the application kit, along 78720, made application to the Drug 21, Code of Federal Regulations, Section with further instructions on proposed Enforcement Administration to be 1301.34, the above firm is granted projects serving more than one State. registered as an importer of the basic registration as an importer of the basic (The Catalog of Federal Domestic Assistance classes of controlled substances listed classes of controlled substances listed number is: 16.603) below: above. Dated: July 23, 1997. Drug Schedule Dated: July 8, 1997. Morris L. Thigpen, John H. King, Director, National Institute of Corrections. Cathinone (1235) ...... I Deputy Assistance Administrator, Office of Methcathinone (1237) ...... I [FR Doc. 97–19764 Filed 7–25–97; 8:45 am] Diversion Control, Drug Enforcement N-Ethylamphetamine (1475) ...... I Administration. BILLING CODE 4410±36±M Ibogaine (7260) ...... I Tetrahydrocannabinols (7370) ...... I [FR Doc. 97–19722 Filed 7–25–97; 8:45 am] Mescaline (7381) ...... I BILLING CODE 4410±09±M Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40375
DEPARTMENT OF JUSTICE funds should read this notice in its employers and unions for whom CBOs entirety and respond as directed. Grant will provide technical assistance and/or Drug Enforcement Administration proposals that are not completed as who want to link preapprenticeship to directed will be judged nonresponsive sponsored apprenticeship training for Importer of Controlled Substances; and will not be evaluated. The Women’s women. Employers and Unions may Notice of Registration Bureau (WB), U.S. Department of Labor submit requests for technical assistance By notice dated April 16, 1997, and (DOL) announces the fourth year of its from CBOs directly to the Department of published in the Federal Register on Solicitation for Grant Applications Labor for matching with CBOs. The May 12, 1997, (62 FR 25973), Research (SGA) first authorized by the Women in Department will give top priority to Triangle Institute, Kenneth H. Davis, Jr., Apprenticeship and Nontraditional technical assistance projects in two Hermann Building East Institute Drive, Occupations (WANTO) Act under its areas: (1) Transportation industry, P.O. Box 12194, Research Triangle Park, Technical Assistance (TA) grant particularly highway and bridge North Carolina 27709, made application provisions to Community-Based construction, in conjunction with by renewal to the Drug Enforcement Organizations (CBOs) to deliver TA to megaprojects; and (2) in Administration to be registered as an Employers and Labor Unions (E/LUs). nonconstruction industries, such as, importer of the basic classes of The WANTO competitive grant program telecommunications, utilities, and high- controlled substances listed below: is funded through the Job Training technology occupations in the health Partnership Act (JTPA), Title IV–D industries. Drug Schedule discretionary funds. While the Women’s This notice describes the background, Bureau has responsibility for the application process, statement of Marihuana (7360) ...... I implementing the competitive grant work, evaluation criteria, and reporting Cocaine (9041) ...... II process, the WANTO Act is under the requirements for Solicitation for Grant joint administration of the Women’s Applications (SGA) 97–05. WB No comments or objections have been Bureau (WB) and the Bureau of anticipates that a total amount of received. DEA has considered the Apprenticeship and Training (BAT). $410,000 will be available for the factors in Title 21, United States Code, The Department expects to make three support of all Fiscal Year 1997. The WB Section 823(a) and determined that the to five WANTO awards for private will provide the technical and policy registration of Research Triangle sector initiatives from the funds leadership for this project. Institute to import the listed controlled allocated for FY 1997. substances is consistent with the public The Department’s interest is to DATES: One (1) ink-signed original, interest and with United States promote the commitment and complete grant application plus five (5) obligations under international treaties, participation of employers and labor copies of the Technical Proposal and conventions, or protocols in effect on unions to the building of reciprocal two (2) copies of the Cost Proposal shall May 1, 1971, at this time. Therefore, resources that link pre-apprenticeship be submitted to the U.S. Department of pursuant to Section 1008(a) of the training to employment and sponsored Labor, Office of Procurement Services, Controlled Substances Import and apprenticeship training. The Room N–5416, Reference SGA 97–05, Export Act and in accordance with Title Department’s goal is to increase the 200 Constitution Avenue, NW, 21, Code of Federal Regulations, Section participation of women in Washington, DC 20210, not later than 1301.34, the above firm is granted apprenticeship training and 4:45 p.m. EDT, August 29, 1997. Hand- registration as an importer of the basic nontraditional employment as one way delivered applications must be received classes of controlled substances listed to move welfare-dependent or eligible by the Office of Procurement Services above. women to a career path that can result by that time. in economic self-sufficiency for them Dated: July 8, 1997. ADDRESSES: Applications shall be and their families. WANTO proposals John H. King, mailed to the U.S. Department of Labor, should identify and focus on Office of Procurement Services, Deputy Assistant Administrator, Office of employment paths to and in high-wage Attention: Lisa Harvey, Reference SGA Diversion Control, Drug Enforcement and high employment growth careers for Administration. 97–05, Room N–5416, 200 Constitution women, particularly occupations in Avenue, NW., Washington, DC 20210. [FR Doc. 97–19720 Filed 7–25–97; 8:45 am] transportation, highway and bridge FOR FURTHER INFORMATION CONTACT: BILLING CODE 4410±09±M construction industries, and other Lisa growing high-wage careers. Therefore, Harvey, Office of Procurement Services, grant proposals should discuss at (202) 219–6445. (This is not a toll-free DEPARTMENT OF LABOR workplace strategies for technical number.) assistance to employers and labor Part I. Background Office of the Secretary unions that also bring to the attention of employers and labor unions the need for The Women In Apprenticeship and Job Training Partnership Act (JTPA), Nontraditional Occupations (WANTO) Title IV±D, Demonstration Program: them to consider cooperative strategies to provide for transitional costs Act—Public Law 102–530, signed Women in Apprenticeship and October 27, 1992—The Act has three Nontraditional Occupations (including fees/dues, tools, and living costs), child care and transportation for major activities that affect this SGA: AGENCY: Women’s Bureau, Department women seeking to enter and sustain 1. Outreach to employers and labor of Labor. themselves in the apprenticeship and unions. DOL will promote the Act’s ACTION: Notice of Availability of Funds nontraditional occupations. These are program to employers and labor unions and Solicitation for Grant Applications major reasons why women are unable to by informing them of the availability of (SGA 97–05). enter and/or complete training or entry- technical assistance and keeping a level employment. database of employers and grant award SUMMARY: All information required to Grant proposals from CBOs who want community-based organizations. submit a proposal is contained in this to provide technical assistance may be 2. Technical assistance. DOL will announcement. Applicants for grant submitted with or without the provide grants to community-based 40376 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices organizations to deliver technical women and men) may do skilled work. recommended standards. The State assistance to employers and labor Nonetheless, as the statistics indicate, Apprenticeship Council. unions to prepare them to recruit, train, women have not obtained a critical BAT is committed to improving the and employ women in apprenticeable mass in most trades nor have critical access of women to apprenticeship and nontraditional occupations. goals for women in apprenticeship been training to increase their employment in 3. Liaison role of Department of obtained (i.e., 6.9 percent in jobs that have historically put men on Labor. The Department of Labor is to construction trades). Moreover, studies the career ladder to successful working serve as follows: (1) Acting as a liaison point out that once hired, women face careers. As apprenticeship has been the between employers, labor, and the problems that erode their retention. building block for a skilled and stable community-based organizations (See, Laurie Wessman LeBreton, Sara work force, it is also a career path that providing technical assistance; (2) Segal Loevy, and Lauren Sugerman, can provide an economically stable coordinating; conducting regular Building Equal Opportunity, and Laurie family life in mainstream America. assessment; and seeking input of Wessman LeBreton and Sara Segal Definitions: Nontraditional employers and labor unions. Loevy, Breaking New Ground: Worksite Occupations (NTOs) are those where The Women’s Bureau: Improving 2000.) Thus, despite some increase in women account for less than 25 percent women’s employment opportunities and access in placement, there are still of all persons employed in a single related equity issues have been the barriers in recruitment and retention of occupational group. driving force of the Bureau’s activities women in apprenticeship positions and Preapprenticeship programs for and policies since its inception in 1920. NTO training and job placement. This is women prepare them to keep pace with Within the Department of Labor, the in addition to problems common to all occupational skills training or entry- Director serves as the policy advisor to working women; i.e., child care, level employment in nontraditional the Secretary. For example, the Bureau balancing work and family conflicts and occupations. The curriculum includes has a history of encouraging women to responsibilities. The Fiscal Year 1997 pre-vocational instruction in consider the wide array of WANTO solicitation for CBOs to identification and use of tools, blueprint apprenticeable and other occupations develop preapprenticeship/ reading, basic shop skills, and safety nontraditional to women as one way to apprenticeship training partnerships in procedures, as well as math skills, and obtain economic self-sufficiency for transportation construction and other physical conditioning. Apprenticeship, in general, includes a them and their families. Nontraditional nonconstruction industries (as indicated formal paid training-work agreement occupations (NTOs) are occupations above) will also address issues of where labor and management work where women account for 25 percent or quality, commitment and ensuring a together to promote learning on the job; less of all persons employed in an friendly and equitable workplace for all to support the ‘‘hands on’’ learning, occupational group. These occupations workers—women and men. include the more commonly known there must be related theoretical male-dominated occupations in blue- The Bureau of Apprenticeship and instruction (often classroom). After collar, skilled trades such as carpenter, Training: The Women’s Bureau co- completing the program standards plumber, electrician, sheet metal worker administers WANTO with the Bureau of successfully—usually 3 to 5 years—the or welder in the construction and Apprenticeship and Training (BAT). apprentice is awarded a certificate of related industries. In addition, NTOs BAT was established in 1937 as the completion by either the Bureau of include occupations arising from the national administrative agency in the Apprenticeship and Training or the advances of high technology fueling Department of Labor to carry out the State Apprenticeship Council. improved and/or new manufacturing objectives of the National Community-Based Organizations processes in fiber optics, chemicals, Apprenticeship Act (also known as the (CBOs) are as defined in Section 4(5) of petroleum, as well as technical skills in Fitzgerald Act), guided by the the Job Training Partnership Act (29 the electronics and other technical recommendations of the Federal U.S.C. 1501(5)): Private nonprofit occupations that require computer Committee on Apprenticeship. BAT has organizations which are representative literacy to customize, service, build and the objective to stimulate and assist of communities or significant segments repair precision machinery in industry in the development, expansion, of communities and which provide job manufacturing. Other high-pay and improvement of apprenticeship and training services. For this solicitation, computer-based jobs in the service training programs designed to provide communities or significant segment of sector industries, such as business and the skilled workers required by the communities are the private nonprofit professional services, radiology, laser, American economy. organizations that have demonstrated at and related high technology health care, Under the National Apprenticeship least three years experience in the including nursing; computer-processing Act, the Bureau is responsible for development and operation of policies of financial services and records; and providing service to existing and programs in the recruitment, other high pay jobs in utilities, apprenticeship programs and technical selection, training, placing, retaining, telecommunications and transportation assistance to organizations who would and otherwise preparing of Women for industries are also expanding as a result like to establish an apprenticeship Apprenticeship and other of advances in technology. program. The Bureau works very closely Nontraditional Occupations (NTOs). Today, WB finds some increases in with State Apprenticeship Councils Please Note That Eligible Applicants women’s interests in NTO as reflected (SAC) and the educational system to Must Not Be Classified Under the IRS in small increases in women in deliver support services at the national, Tax Code as a 501(C)(4) Entity. apprenticeship training in such State and local level. When apprentices A. Authorities: The technical occupations and nontraditional finish their training, they receive assistance grants were first authorized employment. Women comprised 4 certificates of completion of under the Women in Apprenticeship percent of apprentices and 2.5 percent apprenticeship. These are issued by the and Nontraditional Occupations of persons employed in the construction State apprenticeship agencies, or in (WANTO) Act, Public Law 102–530, trades in 1996. Similarly, WB finds that those States not having such an agency, approved October 27, 1992. there have been some changes in by the Bureau of Apprenticeship and B. Purpose of the Demonstration: The attitudes about whose hands (both Training in accordance with its purpose of the WANTO demonstration Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40377 program is to provide technical job experience and to assess the price shall be included in the technical assistance to employers and labor effectiveness of the program. proposal. unions to encourage the employment of b. Employers and Labor Unions are 2. Cost proposal. The cost (business) women in apprenticeship and eligible to request and receive technical proposal must be separate from the nontraditional occupations by preparing assistance, provided by a community- technical proposal. The transmittal employers and labor unions to recruit, based organization (CBO) that has letter shall be attached to the business select, train, retain and prepare women received a WANTO grant. Such proposal, which shall consist of the in other areas for apprenticeship and technical assistance includes linking following: nontraditional occupations in their preapprenticeship with a commitment a. Standard Form 424 ‘‘Application workplaces. The goal of WANTO is to to employer and labor union sponsored for Federal Assistance,’’ (Appendix A) increase the employment of women in apprenticeship training. To be selected signed by an official from the applicant apprenticeable and nontraditional to receive technical assistance and organization who is authorized to enter occupations by preparing employers matched with a CBO, employers and the organization into a grant agreement and labor unions. labor unions must submit a request (as with the Department of Labor. The described below) either directly to the Catalog of Federal Domestic Assistance Part II. Application Process Department of Labor, OASAM, Office of Number (CFDA) is 17.700; A. Eligible Applicants Procurement Services, Room N–5416, b. Standard Budget Form 424A 1. Community-Based Organizations Attention: Lisa Harvey, 200 Constitution ‘‘Budget Information Form,’’ (Appendix are the only entities eligible for grant Avenue, NW., Washington, DC 20210 or B); and awards. Please Note That Eligible employers and labor unions may submit c. Budget Narrative. Provide a Applicants Must Not Be Classified requests to be matched with a CBO with narrative explanation of the budget Under the IRS Tax Code as a 501(C)(4) which there is an established working which describes all proposed costs and Entity. relationship as an individual entity with indicates how they are related to the a. Community-Based Organizations the CBO’s proposal for a WANTO grant operation of the project. Provide this (CBOs) are the eligible applicants to award. information separately for the amount of receive WANTO grants to provide Selection of Employers and Labor requested Federal funding and the technical assistance to employers and Unions to receive technical assistance amount of proposed Non-Federal labor unions that request assistance to must provide— contribution. In an application which recruit, select, train, place, retain, and (1) A description of the need for proposes to fund staff positions, the other areas of preparation to promote assistance; budget narrative must provide women to nontraditional or (2) A description of the types of information which describes the apprenticeship positions in their apprenticeable occupations or number of proposed positions by title workplaces and/or are interested in nontraditional occupations in which the and by the amount of staff time and linking their apprenticeship program to employer or labor union would like to salary charged to Federal and Non- preapprenticeship to support or provide train or employ women; Federal funding resources. The Budget for an increase or pipeline for women in (3) Assurances that there are or will Narrative provides the detailed apprenticeship. be suitable and appropriate positions description of the costs reflected on the Specific Technical Assistance available in the apprenticeable SF 424A. occupations program or in the provided by CBOs may include: C. Funding Levels (1) Developing outreach and nontraditional occupations being orientation sessions to recruit women targeted; and The Department expects to have into the employers’ apprenticeable (4) Commitments that all reasonable $410,000 to be disbursed through occupations and nontraditional efforts shall be made to place women in WANTO grants. The Department occupations; apprenticeable occupations or expects to make at least three (3) awards (2) Developing preapprenticeable nontraditional occupations. to Community-Based Organizations occupations or nontraditional skills B. Contents (CBOs). The Women’s Bureau expects training to prepare women for awards to range from approximately apprenticeable occupations or To be considered responsive to this $75,000 to $200,000, depending upon nontraditional occupations; SGA, each application must consist of, the scope of the demonstration and (3) Providing ongoing orientations for and follow the order of, the sections technical assistance activities to be employers, unions, and workers on listed in Part III of this solicitation. The delivered. creating a successful environment for applicant must also include information D. Length of Grant and Grant Awards women in apprenticeable occupations which the applicant believes will or nontraditional occupations; address the selection criteria identified The initial performance period for the (4) Setting up support groups and in Part IV. Technical proposals shall not grants awarded under this SGA shall be facilitating networks for women in exceed 20 single sided, double spaced, for eighteen (18) months of program nontraditional occupations on or off the 10 to 12 pitch-typed pages (not performance, with the option to extend job site to improve their retention; including attachments). Any Proposal for up to six months as a no cost (5) Setting up a local computerized That Does Not Conform to These extension to complete final reports. data base referral system to maintain a Standards Shall Be Deemed Non- Each applicant shall reflect in their current list of tradeswomen who are Responsive to This SGA and Will Not Be application the intention to begin available for work; Evaluated. operation no later than September 30, (6) Serving as a liaison between 1. Technical proposal. Each proposal 1997. tradeswomen and employers and shall include: (1) A two-page abstract tradeswomen and labor unions to summarizing the proposal and (2) a E. Submission address workplace issues related to complete description of the CBO’s One (1) ink-signed original, complete gender; and program for technical assistance, grant application plus five (5) copies of (7) Conducting exit interviews with including information required in Part the Technical Proposal and three (3) tradeswomen to evaluate their on-the- III and IV. No cost data or reference to copies of the Cost Proposal must be 40378 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices submitted to the U.S. Department of stamp of the Office of Procurement Grant proposal must specify expected Labor, Office of Procurement Services, Services on the application wrapper or outcomes based on past experience and Room N–5416, 200 Constitution other documentary evidence of receipt expenditures for the following: Avenue, NW, Washington, DC 20210, maintained by that office. Applications —The proposed number of employers not later than 4:45 pm EDT, August 29, sent by e-mail, telegram, or facsimile and labor unions to be provided on- 1997. Hand delivered applications must (Fax) will not be accepted. site technical assistance and those to be received by the Office of Part III. Statement of Work—Key receive; Procurement Services by that time. Any —The number of women trained, Features application received at the Office of placed, promoted, and/or retained in Procurement Services after 4:45 pm EDT A. Introduction and Priority apprenticeship and other will not be considered unless it is This SGA (97–05) will fund technical nontraditional employment; received before award is made and: —Any other activities for which grant assistance provided to employers and 1. It was sent by registered or certified funds will be expended. mail not later than the fifth calendar day labor unions to increase the participation of women in 2. CBOs that apply for funding to before August 29, 1997 (i.e., not later provide technical assistance must than August 24, 1997); apprenticeship and nontraditional employment. Such assistance includes provide information on their experience 2. It is determined by the Government and accomplishments in apprenticeship that the late receipt was due solely to the linking of preapprenticeship programs to employer and/or labor and nontraditional activities in the areas mishandling by the Government after of: (1) Policy; (2) program development; receipt at the U.S. Department of Labor union sponsored apprenticeship. With WANTO Grants, the Department wants (3) program operation; (4) and the at the above address; or provision of technical assistance to to increase the participation of women 3. It was sent by U.S. Postal Service business, labor organizations, and other in higher-paying apprenticeship and Express Mail Next Day Service-Post activities in the employment and nontraditional occupational Office to Addressee, not later than 5:00 training community related to employment which includes linkages to pm EDT at the place of mailing two increasing the participation of women pre-apprenticeship and employer and/or working days, excluding weekends and in apprenticeship and nontraditional labor union sponsored apprenticeship to Federal holidays, prior to August 29, employment. 1997 (i.e., not later than 5:00 pm EDT expand the employment and self- a. List name, trade, and organizational August 27, 1997). sufficiency options of women. position of tradeswomen and other The only acceptable evidence to The industrial priority for technical women in nontraditional occupations establish the date of mailing of a late assistance is to promote an increase of on staff or on your organization’s Board application sent by registered or women in occupations and/or careers in of Directors. Include the dates when certified mail is the U.S. Postal Service (1) State highway and bridge tradeswomen served in active paid or postmark on the envelope or wrapper construction programs, particularly unpaid positions in your organization. and on the original receipt from the U.S. cooperative technical assistance for b. In addition, all applications must Postal Service. If the postmark is not apprenticeship and other employment also include a management and staff legible, an application received after the under the Intermodal Surface loading plan. The management plan is above closing time and date shall be Transportation Efficiency Act (ISTEA), to include a project organizational chart processed as if mailed late. ‘‘Postmark’’ funded by the Department of and accompanying narrative which means a printed, stamped or otherwise Transportation. ISTEA funds which differentiates between elements of the placed impression (not a postage meter allow States to support activities to Applicant’s staff and subcontractors or machine impression) that is readily assist women and minorities to enter consultants who will be retained. The identifiable without further action as and remain in transportation industry staff loading plan must identify all key having been applied and affixed by an trades; and (2) other partnerships that tasks and the hours required to employee of the U.S. Postal Service on develop or link with programs in other complete each task. Labor estimates for the date of mailing. Therefore, nonconstruction trades in each task must be broken down by applicants shall request that the postal telecommunications, utilities, and high individuals assigned to the task, clerk place a legible hand cancellation technology health care industries. including subcontractors and bull’s-eye postmark on both the receipt Bonus Points. Twenty-five (25) bonus consultants. All key tasks must be and the wrapper or envelope. points will be added to the technical charted to show time required to The only acceptable evidence to proposal score of proposals in the perform them by months or weeks. establish the date of mailing of a late priority area. Other projects will receive 3. Proposed projects should include a application sent by U.S. Postal Service consideration. discussion of support services to Mail Next Day Service-Post Office to B. Key Features participants that include (1) transitional Addressee is the date entered by the costs (which may include living post office receiving clerk on the 1. WANTO Project Proposal expenses as well as fees, union dues, ‘‘Express Mail Next Day Service-Post Submissions should provide for uniforms, etc.), (2) child care, and (3) Office to Addressee’’ label and the technical assistance between a transportation. postmark on the envelope or wrapper Community-Based Organization (CBO) 4. Proposed projects should include and on the original receipt from the U.S. and requesting employers and labor outreach activities to improve Postal Service. ‘‘Postmark’’ has the same unions. Such an entity can also provide apprenticeship and NTO opportunities meaning as defined above. Therefore, for the linking of preapprenticeship for women in their own workplaces as applicants shall request that the postal programs to apprenticeship programs well as women seeking to enter NTO clerk place a legible hand cancellation sponsored by employers and labor career ladder employment and training. bull’s-eye postmark on both the receipt unions. All technical assistance grant 5. Proposed project preapprenticeship and the envelope or wrapper. activity has the goal to increase the training should include three cycles of The only acceptable evidence to employment of women in training from 12 to 16 weeks each. establish the time of receipt at the U.S. apprenticeship and other nontraditional 6. Proposed projects should clearly Department of Labor is the date/time occupations. identify expected outcomes in terms of: Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40379
(1) Number of participants per training 8. Proposed project submissions or expansion of grant activities beyond cycle; (2) number of apprenticeship should include any leverage or co- the grant’s period of program training commitments by employer/ funding anticipated by this submission. performance. 9. Proposed project submissions labor organizations; (3) number of Part IV. Evaluation Criteria and should include copies of the CBO’s participants moving into NTO Selection employment; (4) number of women budget and major funding sources for participants moving from the past three years, including Applicants are advised that selection preapprenticeship into apprenticeship foundation and government grants and for grant award is to be made after program; (5) number of other types of funding. careful evaluation of technical preapprenticeship women moving into 10. In addition to the grant’s final applications by a panel. Each panelist permanent employment without report, proposed project submissions will evaluate applications against the participating in an apprenticeship should include plans for a ‘‘how-to-do- various criteria on the basis of 100 it’’ project replication manual, including points. The scores will then serve as the program. awareness/outreach material, technical primary basis to select applications for 7. Proposed project submissions assistance and curriculum manual(s) potential award. Clarification may be should include a listing of all items for and all other materials developed as a requested of grant applicants if the which grant funds will be expended. result of the grant activities. situation so warrants. Please see Part III, (Do not include any cost information for 11. The proposed project submission Sections A and B for additional this item in the technical proposal, but should include any activities to information on the elements against expenditure items MUST be listed.) encourage and promote the continuation which proposal will be reviewed.
Points
1. Technical Evaluation Criteria: a. Capabilities and Qualifications of CBO and Staff (NTO experience and education) ...... 50 b. Established or Anticipated Program Linking and Working Relationship for WANTO ...... 25 c. Quality and Scope of WANTO Project ...... 25 (Such as, proposed number of employers, labor unions provided on-site technical assistance, number of women affected and served by the WANTO project and placed in apprenticeship or nontraditional employment; proposed career ladder and technical assistance strategies to promote the increase in women in apprenticeship and nontraditional occupations for employers and labor unions; pro- posed job placement outcomes.) 2. Bonus Points: a. Priority Focus ...... 25 (See Part III, A Statement of WorkÐKey Features, Bonus Points.) 3. Cost Criteria: Proposals will be scored, based on their costs in relation to other proposals submitted in response to this SGA. 4. Total Score: Technical quality of proposals will be weighted three (3) times the estimated price in ranking proposals, for purposes of selections for award.
Proposals received will be evaluated employers/labor unions requests for partnership employers and labor by a review panel based on the criteria matching with CBOs. organizations to be served. immediately above, in Technical b. The types of systemic changes Part V Evaluation Criteria 1 and 2. The panel’s anticipated by technical assistance recommendations will be advisory, and A. Deliverables strategies anticipated to be incorporated final awards will be made based on the into employer ongoing recruitment, (This section is provided only so that best interests of the Government, hiring, training and promotion of grantees may more accurately estimate including but not limited to such factors women in apprenticeship and the staffing budgetary requirements as technical quality, geographic balance, apprenticeable nontraditional when preparing their proposal. occupational/industrial impact, and occupations. Applicants are to exclude from their diversity in service providers. c. The occupational, industrial and cost proposal the cost of any requested The Department wishes to make it geographical impact anticipated. travel to Washington, DC.) d. The supportive services to be clear that it is not simply the best 1. No later than four (4) weeks after provided to employers and women after written proposals that will be chosen, award, the grantees and partners shall successful placement into but rather those which demonstrate the meet with the Women’s Bureau and the apprenticeship or apprenticeable greatest experience and commitment to Bureau of Apprenticeship and Training nontraditional occupations. assisting employers and labor at the Post-Award Conference to discuss e. The plan for the development and organizations to successfully develop employment preappenticeship, maintenance of a relationship with the successful strategies to increase the apprenticeship demonstration project State level of the Federal Bureau of participation of women in higher-paying and related partnership technical Apprenticeship and Training and the apprenticeship and nontraditional, assistance activities, timelines, and State Apprenticeship Council. including linkages to preapprenticeship technical assistance outcomes The Women’s Bureau and the Bureau and employer and/or labor union assessment for comment and final of Apprenticeship and Training will sponsored apprenticeship and to approval. The grantees and partners and provide further input orally and in expand the employment and self- the Department will discuss and make writing, if necessary, within ten (10) sufficiency options of women. decisions on the following program working days after the Post-Award During the technical panel evaluation activities: Conference. of all proposals and requests, the a. Any preapprenticeship or 2. No later than ten (10) weeks after Department will bring together CBO apprenticeship activities and award, the grantee and the Women’s qualifications and capabilities with responsibilities; the number of Bureau will confirm the ‘‘plan of 40380 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices action’’ or detailed timeline for program assistance—name, address, size of the The grantee’s response to these implementation. workplace; including proportion of comments shall be incorporated into the 3. No later than twelve (12) weeks women; include brief profiles of final report. after award, the grantee(s) shall have employers and labor organizations; (3) 6. No later than seventy-four (74) begun the provision of technical describe any systemic workplace and weeks after award, the grantee(s) shall assistance to employers and labor policy changes—actual or in process, unions to recruit, select, train, place, including the hiring and promotion of submit one (1) camera-ready copy and retain, and other areas of preparation to women already in the workplace, career five (5) copies of the final report, bound promote the increase of women in ladders or other training activities; (4) in a professional manner, and not a apprenticeable occupations and other public presentations; (5) media articles collection of looseleaf sheets; one (1) nontraditional training for women, or appearances; (6) publications diskette (IBM compatible, WordPerfect characterized by employment growth disseminated; and (7) publications 6.1) of the Final Report; along with five and above average earnings. developed. (5) copies of all products manuals, 4. No later than sixteen (16) weeks b. An indication of any current curriculum, ‘‘how-to-do-it’’ handbooks, after award, the first quarterly progress problems which may impede the videos, etc., paid for with grant funds. report of work done under this grant performance of the grant and the The report shall cover findings, final will be due. Thereafter, quarterly reports proposed corrective action. performance data, outcome results and will be due twenty (20) working days c. A discussion of work to be assessment, and employer or labor after the end of each of the remaining performed during the next reporting organization plans for follow-up of quarters. period. participants. The report shall provide all Quarterly progress reports must Between scheduled reporting dates information to replicate the project include: the grantee also shall immediately including copies of curriculum, a. A description of overall progress on inform the Grant Officer’s Technical technical assistance materials developed work performed during the reporting Representative (GOTR) of significant for the project and technical period—(a) the number of employers developments affecting the grantee’s assistance—videos, posters, notices, and labor unions provided on-site, off- ability to accomplish the work. etc., as well as any plans for replication site (conferences, workshops, seminars, 5. No later than sixty-four (64) weeks etc.), after award, the grantee shall submit and dissemination of information. An (b) number of women trained, placed three (3) copies of the draft final report, Executive Summary of the findings and in apprenticeship or other an integrated draft analysis of the recommendations shall be included in nontraditional employment. Describe: process and results of the technical the report or accompany the report. (1) number of women affected or assistance activities during the year. The Signed at Washington, D.C. on July 18, participating in TA programs, include Women’s Bureau and the Bureau of 1997. name and address of workplace/ Apprenticeship and Training will Lawrence J. Kuss, company and person responsible for the provide written comments on the draft Grant Officer. operation; (2) number of employers and report within twenty (20) working days labor unions receiving technical if substantive problems are identified. BILLING CODE 4510±23±P Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40381 40382 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40383 40384 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40385 40386 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40387
[FR Doc. 97–19706 Filed 7–25–97; 8:45 am] approximately one pound (lb) each. A 1. By delivery to the Docketing and BILLING CODE 4510±23±C machined DU body made up 0.45 lbs of Services Branch of the Office of the the round’s weight. The round Secretary, U.S. Nuclear Regulatory contained a fused-white phosphorus Commission, One White Flint North, NUCLEAR REGULATORY charge that would detonate on impact 11555 Rockville Pike, Rockville, MD COMMISSION with the ground. 20852–2738; or By 1968, the program was terminated 2. By mail or telegram addressed to [Docket No.: 040±8767] and LCAAP was left with an estimated the Office of the Secretary, U.S. Nuclear 44,000 spotter rounds. In 1971, Regulatory Commission, Washington, Consideration of Amendment Request Remington Arms Company, Inc., the DC 20555–0001, Attention: Docketing for Decommissioning Area 10 of the operator of LCAAP at the time, and Services Branch. Lake City Army Ammunition Plant in proposed a method for the disposal of Independence, Missouri, and an approximately 44,000 remaining rounds In addition to meeting other Opportunity for a Hearing of XM–101 ammunition. Because the applicable requirements of 10 CFR Part rounds were fused, the safest 2 of the NRC regulations, a request for AGENCY: Nuclear Regulatory demilitarization methodology involved a hearing filed by a person other than Commission. shooting the rounds into a sand-filled an applicant must describe in detail: ACTION: Notice of consideration of catch box, identified as the ‘‘600-yard amendment request for 1. The interest of the requester in the bullet catcher.’’ The catch box was filled proceeding; decommissioning area 10 of the Lake with sand as an impact material. The City Army Ammunition Plant in impact material was periodically 2. How that interest may be affected Independence, Missouri, and an replaced in the catch box. Remington by the results of the proceeding, opportunity for a hearing. would remove the ‘‘old’’ impact including the reasons why the requester material (i.e., DU contaminated sand) should be permitted a hearing, with The U.S. Nuclear Regulatory from the 600-yard catch box and place particular reference to the factors set out Commission is considering issuance of it in an area of the site known as ‘‘Area in § 2.1205(g); a license amendment to Material 10.’’ In 1976, an additional 40 rounds of 3. The requester’s areas of concern License No. SUC–1380 (SUC–1380), this ammunition were discovered and a about the licensing activity that is the issued to the Department of the Army temporary permit was obtained to allow subject matter of the proceeding; and (the Army or the licensee), to authorize disposal in the same manner as the decommissioning of Area 10 of its Lake original disposal operation. 4. The circumstances establishing that City Army Ammunition Plant (LCAAP) NRC is requiring the licensee to the request for a hearing is timely in in Independence, Missouri. remediate the Area 10 of LCAAP to meet accordance with § 2.1205(c). The Army built the plant and still NRC’s decommissioning criteria and, In accordance with 10 CFR operates it for the purpose of during the decommissioning activities, § 2.1205(e), each request for a hearing manufacturing and testing small caliber to maintain effluents and doses within must also be served, by delivering it conventional munitions for the U.S. NRC requirements and as low as personally or by mail, to: Army. LCAAP was founded in 1941 as reasonably achievable. 1. The applicant, Department of the a Government-owned/contractor- Prior to approving the Army, Headquarters U.S. Army operated facility. From its inception in decommissioning plan, NRC will make Industrial Operations Command, Rock 1941 until 1985, the plant operating the necessary findings required by the Island, Illinois 61299–6000, Attention: contractor was Remington Arms. Atomic Energy Act of 1954, as amended, Mr. Stephen R. Mapley; and During the 1960s and 1970s, there and NRC’s regulations. These findings was a small depleted uranium (DU) will be documented in a Safety 2. NRC staff, by delivery to the Office operation at LCAAP. Developmental Evaluation Report and an of the Secretary, U.S. Nuclear planning of the XM–101 DU spotting Environmental Assessment. Approval of Regulatory Commission, One White projectile started in 1959, and by 1961 the LCAAP Area 10 decommissioning Flint North, 11555 Rockville Pike, LCAAP was producing the round. The plan will be documented in an Rockville, MD 20852–2738, or by mail, Army designed these XM–101 rounds as amendment to SUC–1380. addressed to the Office of the Secretary, ‘‘spotters’’ for small scale, shoulder fired NRC hereby provides notice that this U. S. Nuclear Regulatory Commission, weapons. is a proceeding on an application for Washington, DC 20555–0001, Attention: The maximum production capability amendment of a license falling within Docketing and Services Branch. was approximately 8,000 rounds per the scope of Subpart L ‘‘Informal For further details with respect to this month although various supply Hearing Procedures for Adjudication in action, the site decommissioning plan is problems resulted in a considerably Materials Licensing Proceedings,’’ of available for inspection at the NRC’s lower production rate. The XM–101 NRC’s rules and practice for domestic Public Document Room, 2120 L Street (later M–101) round consisted of a licensing proceedings in 10 CFR part 2. NW., Washington, DC 20555–0001. fused, 20 millimeter (mm) projectile Pursuant to § 2.1205(a), any person with a body constructed from DU. whose interest may be affected by this Dated at Rockville, Maryland, this 21st day LCAAP also produced an XM–106 proceeding may file a request for a of July 1997. round that was identical to the XM–101, hearing in accordance with § 2.1205(c). For the Nuclear Regulatory Commission. but without the explosive components. A request for a hearing must be filed John W. N. Hickey, The installation designed, tested, within thirty (30) days of the date of Chief, Low-Level Waste and Decommissioning manufactured and in later years, publication of this Federal Register Projects Branch, Division of Waste demilitarized some 75,000 20 mm DU notice. Management, Office of Nuclear Material spotter rounds. These spotter rounds The request for a hearing must be Safety and Safeguards. were approximately six inches in filed with the Office of the Secretary [FR Doc. 97–19804 Filed 7–25–97; 8:45 am] length, 20 mm in diameter and weighed either: BILLING CODE 7590±01±P 40388 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
NUCLEAR REGULATORY criticality monitoring system as required 1. Plastic bags or other dust covers COMMISSION by 10 CFR 70.24. placed around new core components are The basis for the exemption is that removed or rendered incapable of [Docket Nos. 50±317 and 50±318] inadvertent or accidental criticality will holding water prior to inserting the be precluded, in accordance with assemblies into the new fuel storage Baltimore Gas and Electric Company; General Design Critrion 62 through racks. Calvert Cliffs Nuclear Power Plant, compliance with the Calvert Cliffs 2. Only the auxiliary hook of the (Unit Nos. 1 and 2) Technical Specifications, the geometric spent fuel cask handling crane may be spacing of fuel assemblies in the new used to move new fuel. Therefore, only Exemption fuel storage racks and spent fuel storage one fuel assembly can be moved at a I pool, and administrative controls time. imposed on fuel handling procedures. 3. A maximum of two fuel assemblies The Baltimore Gas and Electric are permitted outside of the approved Company (BGE) is the holder of Facility Special nuclear material, as nuclear fuel, is stored in the spent fuel pool, the shipping container or new fuel storage Operating License Nos. DPR–53 and rack location at one time, one of which DPR–69 for the Calvert Cliffs Nuclear new fuel storage racks, and the Independent Spent Fuel Storage must be located in the new fuel Power Plant, Unit Nos. 1 and 2 (Calvert inspection platform. Although two Cliffs). The licenses provide, among Installation. The spent fuel pool is used to store irradiated fuel under water after highly enriched assemblies may achieve other things, that the licensee is subject criticality under close proximity, fully to all rules, regulations, and orders of its discharge from the reactor, and new fuel prior to loading into the reactor. flooded conditions, it is highly the Commission now or hereafter in improbable that the required water level effect. The Independent Spent Fuel Storage Installation utilizes dry canisters to for neutron moderation could be II store spent fuel. attained. The spent fuel pool area and new fuel handling areas would have to Special nuclear material is also Subsection (a) of 10 CFR 70.24, be flooded to an elevation present in the form of excore fission ‘‘Criticality Accident Requirements,’’ approximately 17 feet above the floor. chamber detectors and startup neutron requires that each licensee authorized to Based on the possible sources of water, sources. The small quantity of special possess special nuclear material shall achieving this fully flooded condition nuclear material present in these latter maintain in each area where such would require blockage of floor drains, items precludes an inadvertent material is handled, used, or stored, an sealing of access doors, and numerous criticality. appropriate criticality monitoring procedure violations. In addition, the system. In accordance with Subsection The spent fuel pool is designed to spent fuel pool high level alarm would (a)(1) of 10 CFR 70.24, coverage of all store the fuel in a geometric array using alert operators of flooding from any of such areas at Calvert Cliffs shall be a solid neutron absorber that precludes these sources. Since no fire protection provided by two criticality detectors. criticality. The effective neutron sprinkler system exists in the new fuel However, exemptions may be requested multiplication factor, Keff, is maintained handling area, there is no source of low- pursuant to 10 CFR 70.24(d), provided less than or equal to 0.95 by the solid density aqueous foam moderation. that the licensee believes that good neutron absorber. Although soluble Technical Specifications also cause exists for the exemption. boron is maintained in the spent fuel preclude certain movements over the By letter dated August 19, 1996, as pool, no credit is taken for it in spent fuel pool to prevent an supplemented February 14, 1997, the determining Keff. inadvertent criticality. Previous licensee requested an exemption from The new fuel storage racks may be accident analyses have demonstrated the requirements of 10 CFR 70.24(a). A used to receive and store new fuel in a that a fuel handling accident (i.e., a previous exemption from the provisions dry condition upon arrival on site and dropped fuel assembly) will not create of 10 CFR 70.24 for the storage of prior to loading in the reactor or spent conditions which could result in special nuclear material, including fuel pool. The spacing between new fuel inadvertent criticality. Additionally, the reactor fuel assemblies [maximum assemblies in the storage racks is Emergency Response Plan contains amount of 2,440 kg of U–235 in uranium sufficient to maintain the array in a provisions for coping with unusual enriched to no more than 3.00 weight subcritical condition even under events such as a dropped fuel assembly. percent (w/o)] for Unit 1 and maximum accident conditions assuming the In order to meet the requirements of amount of 2450 Kg of U–235 in uranium presence of moderator. The maximum General Design Criterion 63, three area enriched to no more than 3.05% was enrichment of 5.0 wt% U–235 for the radiation monitors are provided for granted to Baltimore Gas and Electric new fuel assemblies results in a detecting high radiation levels in the Company for Calvert Cliffs Unit 1 in maximum Keff of 0.89 at a water density spent fuel pool area, the spent fuel NRC Materials License No. SNM–1364 of 1.0 gm/cc (fully flooded), and a Keff handling machine, and the new fuel and for Calvert Cliffs Unit 2 in NRC of less than 0.89 for aqueous foam at storage area. At the alarm setpoint of Materials License No. SNM–1624. The optimum moderation conditions. these monitors, audible and visual materials licenses were issued on Nuclear fuel is moved between the alarms annunciate locally and in the August 23, 1973, for Unit 1 and May 18, new fuel storage racks, the reactor control room. The output of each 1976, for Unit 2. vessel, the refueling pool, and the spent monitor is also recorded in the control The materials licenses expired upon fuel pool to accommodate refueling room. conversion of the construction permits operations. In addition, fuel is moved Based upon the information provided, to operating licenses, which was July into the facility and within the reactor there is reasonable assurance that 31, 1974, for Unit 1 and November 30, vessel, or within the spent fuel pool. In irradiated and unirradiated fuel will 1976, for Unit 2, respectively. The basis all cases, fuel movements are remain subcritical during handling and for the current exemption request is the procedurally controlled and designed to storage. The circumstances for granting same as for the original request. The preclude conditions involving criticality an exemption to 10 CFR 70.24 are met licensee proposes to handle and store concerns. These procedural controls because criticality is precluded with the unirradiated fuel without having a include: present design configuration, Technical Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40389
Specifications requirements, nuclear material shall maintain a three BWR fuel assemblies to be in administrative controls, and the fuel criticality accident monitoring system in storage or transit between their handling equipment and procedures. each area in which such material is associated shipping cask or storage rack Therefore, the staff has determined that handled, used, or stored. Sections 70.24 at one time. the Licensee has demonstrated good a(1) and a(2) specify detection and 2. The requirement is met that k- cause for the granting of the exemption, sensitivity requirements that these effective not exceed 0.95, at a 95% thus the exemption should be granted. monitors must meet. Section 70.24 a(1) probability, 95% confidence level with also specifies that all areas subject to the fresh fuel storage racks filled with III criticality accident monitoring must be fuel of maximum permissible U–235 Accordingly, the Commission has covered by two detectors. Section enrichment and flooded with pure determined that, pursuant to 10 CFR 70.24(a)(3) requires licensees to water. 70.14, this exemption is authorized by maintain emergency procedures for each 3. The requirement is met that k- law, will not endanger life or property area in which this licensed special effective not exceed 0.98, at a 95% or the common defense and security, nuclear material is handled, used, or probability, 95% confidence level with and is otherwise in the public interest. stored and provides (1) that the the fresh fuel storage racks filled with Therefore, the Commission hereby procedures ensure that all personnel fuel at the maximum permissible U–235 grants Baltimore Gas and Electric withdraw to an area of safety upon the enrichment and flooded with moderator Company an exemption as described in sounding of a criticality accident at the (low) density corresponding to Section II above from 10 CFR 70.24, monitor alarm, (2) that the procedures optimum moderation. ‘‘Criticality Accident Requirements’’ for must include drills to familiarize 4. The requirement is met that k- Calvert Cliffs Nuclear Power Plant, Unit personnel with the evacuation plan, and effective not exceed 0.95, at a 95% Nos. 1 and 2. (3) that the procedures designate probability, 95% confidence level with Pursuant to 10 CFR 51.32, the responsible individuals for determining the spent fuel storage racks filled with Commission has determined that the the cause of the alarm and placement of fuel of the maximum permissible U–235 granting of this exemption will have no radiation survey instruments in enrichment and flooded with pure significant impact on the quality of the accessible locations for use in such an water. human environment (61 FR 52959). emergency. Section 70.24(b)(1) requires 5. The quantity of forms of special This exemption is effective upon licensees to have a means by which to nuclear material, other than nuclear issuance. quickly identify personnel who have fuel, such as sources or detectors, that Dated at Rockville, Maryland, this 18th day received a dose of 10 rads or more. are stored onsite in one area, is less than of July 1997. Section 70.24(b)(2) requires licensees to that necessary for a critical mass. For the Nuclear Regulatory Commission. maintain personnel decontamination 6. Radiation monitors, as required by GDC 63, are provided in fuel storage and Samuel J. Collins, facilities, to maintain arrangements for a handling areas to detect excessive Director, Office of Nuclear Reactor physician and other medical personnel Regulation. qualified to handle radiation radiation levels and to initiate appropriate safety actions. [FR Doc. 97–19802 Filed 7–25–97; 8:45 am] emergencies, and to maintain arrangements for the transportation of 7. The maximum nominal U–235 BILLING CODE 7590±01±U contaminated individuals to treatment enrichment is 5 wt%. facilities outside the site boundary. 8. Training is provided to the appropriate personnel for safely NUCLEAR REGULATORY Section 70.24(c) exempts Part 50 handling fresh fuel. COMMISSION licensees from the requirements of 10 CFR 70.24(b) for special nuclear By letter dated June 5, 1997, [Docket No. 50±244] material used or to be used in the Rochester Gas and Electric Corporation reactor. Subsection 70.24(d) states that requested an exemption from 10 CFR Rochester Gas and Electric any licensee who believes that there is 70.24. In this exemption request, the Corporation, R. E. Ginna Nuclear good cause why he should be granted an licensee addressed the eight criteria Power Plant exemption from all or part of 10 CFR given above. The NRC staff has reviewed the licensee’s submittal and Exemption 70.24 may apply to the Commission for such an exemption and shall specify the has determined that the R. E. Ginna I reasons for the relief requested. Nuclear Power Plant meets the criteria The Rochester Gas and Electric for prevention of inadvertent criticality; III Corporation (the licensee) is the holder therefore, the staff has determined that of Facility Operating License No. DPR– The special nuclear material that an inadvertent criticality is highly 18, which authorizes operation of the R. could be assembled into a critical mass unlikely in special nuclear material E. Ginna Nuclear Power Plant. The at the R. E. Ginna Nuclear Power Plant handling or storage areas at the R. E. license provides that the licensee is is in the form of nuclear fuel; the Ginna Nuclear Power Plant. subject to all rules, regulations, and quantity of special nuclear material The purpose of the criticality orders of the U.S. Nuclear Regulatory other than fuel that is stored on site is monitors required by 10 CFR 70.24 is to Commission (NRC or the Commission) small enough to preclude achieving a ensure that if a criticality were to occur now or hereafter in effect. critical mass. The Commission’s during the handling of special nuclear The facility consists of a pressurized- technical staff has evaluated the material, personnel would be alerted to water reactor at the licensee’s site possibility of an inadvertent criticality that fact and would take appropriate located in Wayne County, New York. of the nuclear fuel at the R. E. Ginna action. Although the staff has Nuclear Power Plant and has determined that it is highly unlikely II determined that such an accident is that such an accident could occur, the The Code of Federal Regulations at 10 unlikely to occur if the licensee meets licensee has radiation monitors, as CFR 70.24, ‘‘Criticality Accident the following eight criteria: required by General Design Criterion 63 Requirements,’’ requires that each 1. Plant procedures do not permit (GDC), in fuel storage and handling licensee authorized to possess special more than one PWR fuel assembly or areas. These monitors will alert 40390 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices personnel to excessive radiation levels The licensee is currently authorized with § 2.1205(c). A request for a hearing and allow them to initiate appropriate by the NRC to perform activities with must be filed within thirty (30) days of safety actions. The low probability of an licensed radioactive materials at its the date of publication of this Federal inadvertent criticality, together with the Waltz Mill facility. These activities Register notice. licensee’s adherence to GDC 63, primarily support company ongoing The request for a hearing must be constitutes good cause for granting an service operations. Because of the filed with the Office of the Secretary exemption to the requirements of 10 presence of residual radioactive either: CFR 70.24. contamination from past operations 1. By delivery to the Docketing and identified in groundwater monitoring IV Service Branch of the Secretary at One wells, the NRC added this site to its Site White Flint North, 11555 Rockville The Commission has determined that, Decommissioning Management Plan Pike, Rockville, MD 20852–2738; or pursuant to 10 CFR 70.14, this (SDMP) in 1990. The NRC established exemption is authorized by law, will not and implemented the SDMP to identify 2. By mail or telegram addressed to endanger life or property or the common and resolve issues associated with the the Secretary, U.S. Nuclear Regulatory defense and security, and is otherwise timely and effective cleanup of the sites Commission, Washington, DC 20555. in the public interest; herefore, the on the list. Radioactive contamination is Attention: Docketing and Service Commission hereby grants the following also present in some interior areas of Branch exemption: retired facilities on the site. In addition to meeting other The Rochester Gas and Electric The licensee requested an applicable requirements of 10 CFR Part Corporation is exempt from the amendment, by letter dated November 2 of the NRC’s regulations, a request for requirements of 10 CFR 70.24 for the R. 27, 1996, to approve a Remediation a hearing filed by a person other than E. Ginna Nuclear Power Plant. Plan, submitted with the letter, for their an applicant must describe in detail: Pursuant to 10 CFR 51.32, the Waltz Mill facility. The licensee has 1. The interest of the requestor in the Commission has determined that the requested authorization to commence proceeding; granting of this exemption will have no remediating exterior soil contamination 2. How that interest may be affected significant impact on the quality of the and contamination in interior retired by the results of the proceeding, human environment 62 FR 38590. areas. The licensee intends to remediate including the reasons why the requestor This exemption is effective upon the interior areas so that they may be should be permitted a hearing, with issuance. used in the performance of activities particular reference to the factors set out currently authorized by SNM–770, and in § 2.1205(g); Dated at Rockville, Maryland, this 16th day to remediate exterior areas by removing of July 1997. soil contamination and structures, so 3. The requestor’s areas of concern For the Nuclear Regulatory Commission. that groundwater on the site is no longer about the licensing activity that is the Samuel J. Collins, adversely impacted and the site can be subject matter of the proceeding; and Director, Office of Nuclear Reactor removed from the SDMP. Because the 4. The circumstances establishing that Regulation. licensee is actively performing work the request for a hearing is timely in [FR Doc. 97–19803 Filed 7–25–97; 8:45 am] under the current license, they are not accordance with § 2.1205(c). BILLING CODE 7590±01±U requesting release of the site for In accordance with 10 CFR 2.1205(e), unrestricted use nor termination of the each request for a hearing must also be license. served, by delivering it personally or by NUCLEAR REGULATORY The NRC will require the licensee to mail, to: COMMISSION remediate the Waltz Mill to meet NRC’s 1. The applicant, Westinghouse [Docket No.: 070±00698] decommissioning criteria, and to Electric Corporation, P.O. Box 355, maintain effluents and doses within Pittsburgh, Pennsylvania 15230, Consideration of Amendment Request NRC requirements and as low as Attention: Joseph Nardi; and To Approve a Site Remediation Plan reasonably achievable during the 2. The NRC staff, by delivery to the for the Westinghouse Electric remediation activities. Executive Director for Operations, One Prior to approving the Corporation Waltz Mill Site in Madison, White Flint North, 11555 Rockville decommissioning plan, NRC will have Pennsylvania, and Opportunity for a Pike, Rockville, MD 20852–2738 or by made findings required by the Atomic Hearing mail, addressed to the Executive Energy Act of 1954, as amended, and Director for Operations, U.S. Nuclear AGENCY: Nuclear Regulatory NRC’s regulations. These findings will Commission. be documented in a Safety Evaluation Regulatory Commission, Washington, DC 20555. ACTION: Notice of consideration of Report and an Environmental For further details with respect to this amendment request to approve a site Assessment. Approval of the action, the application for amendment remediation plan for the Westinghouse Remediation Plan will be documented request is available for inspection at the Electric Corporation Waltz Mill Site in in an amendment to SNM–770. NRC’s Public Document Room, 2120 L Madison, Pennsylvania, and The NRC hereby provides notice that Street NW., Washington, DC 20555 or at opportunity for a hearing. this is a proceeding on an application for amendment of a license falling NRC’s Region I offices located at 475 The U.S. Nuclear Regulatory within the scope of Subpart L, ‘‘Informal Allendale Road, King of Prussia, PA Commission (NRC) is considering Hearing Procedures for Adjudications in 19406. Persons desiring to review issuance of an amendment to Special Materials and Operator Licensing documents at the Region I Office should Nuclear Material License No. SNM–770 Proceedings,’’ of NRC’s rules and call Ms. Sheryl Villar at (610) 337–5239 (SNM–770), issued to Westinghouse practice for domestic licensing several days in advance to assure that Electric Corporation (the licensee), to proceedings in 10 CFR Part 2. Pursuant the documents will be readily available authorize remediation of portions of the to § 2.1205(a), any person whose interest for review. licensee’s Waltz Mill site in Madison, may be affected by this proceeding may Dated at Rockville, Maryland this 21st day Pennsylvania. file a request for a hearing in accordance of July 1997. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40391
For the Nuclear Regulatory Commission. review certain plan amendments CHANGE IN THE MEETING: Cancellation of John W. N. Hickey, authorized by ERISA sections 4201 Meeting. through 4219. Plan amendments under Chief, Low-Level Waste and Decommissioning The closed meeting scheduled for Projects Branch, Division of Waste those sections deal with modification of Thursday, July 24, 1997, at 3:00 p.m., Management, Office of Nuclear Material the statutory provisions regarding when has been cancelled. Safety and Safeguards. a withdrawal from a multiemployer [FR Doc. 97–19801 Filed 7–25–97; 8:45 am] plan occurs and how the withdrawing At times, changes in Commission BILLING CODE 7590±01±O employer’s withdrawal liability is priorities require alterations in the determined. Any such amendment is scheduling of meeting items. For further effective only if, within 90 days after information and to ascertain what, if PENSION BENEFIT GUARANTY receiving notice and a copy of the any, matters have been added, deleted CORPORATION amendment, the PBGC approves it or or postponed, please contact: The Office fails to disapprove it. The PBGC may of the Secretary (202) 942–7070. Submission of Information Collection disapprove an amendment only if it Dated: July 24, 1997. for OMB Review; Comment Request; determines that the amendment creates Johnathan G. Katz, Procedures for PBGC Approval of an unreasonable risk of loss to plan Secretary. Multiemployer Plan Amendments participants and beneficiaries or to the PBGC. [FR Doc. 97–19966 Filed 7–24–97; 3:31 am] AGENCY: Pension Benefit Guaranty The PBGC’s regulation on Procedures BILLING CODE 8010±01±M Corporation. for PBGC Approval of Plan ACTION: Notice of request for extension Amendments (29 CFR part 4220) SECURITIES AND EXCHANGE of OMB approval. includes, in § 4220.3, rules for COMMISSION requesting the PBGC’s approval of an SUMMARY: The Pension Benefit Guaranty amendment. (The regulation may be Corporation (‘‘PBGC’’) is requesting that accessed on the PBGC’s home page at [Release No. 34±38856; File Nos. SR-Amex- the Office of Management and Budget http://www.pbgc.gov.) Section 97±24; SR±CBOE±97±31; SR±PCX±97±30; (‘‘OMB’’) extend approval, under the 4220.3(d) requires the submission of and SR±Phlx±97±33] Paperwork Reduction Act, of a information that the PBGC needs to collection of information in its Self-Regulatory Organizations; Notice identify a plan and evaluate the risk of regulation on Procedures for PBGC of Filing and Order Granting loss, if any, posed by the amendment Approval of Plan Amendments (29 CFR Accelerated Approval of Proposed (and, hence, determine whether it part 4220). This notice informs the Rule Changes by the American Stock should disapprove the amendment). The public of the PBGC’s request and solicits Exchange, Inc., Chicago Board regulation also permits submission of public comment on the collection of Options Exchange, Inc., Pacific other information that the plan sponsor information. Exchange, Inc., and Philadelphia Stock may consider pertinent to the request. Exchange, Inc.; Relating to an DATES: Comments should be submitted The collection of information under Extension of the 21 2 by August 27, 1997. the regulation has been approved by ¤ Point Strike Price Pilot Program ADDRESSES: Comments should be OMB under control number 1212–0031. mailed to the Office of Information and The PBGC is requesting that OMB July 21, 1997. Regulatory Affairs of the Office of extend its approval for three years. The Management and Budget, Attention: PBGC estimates that it receives three Pursuant to Section 19(b)(1) of the Desk Officer for Pension Benefit submissions annually under the Securities Exchange Act of 1934 1 2 Guaranty Corporation, Washington, DC regulation and that each submission (‘‘Act’’), and Rule 19b–4 thereunder, 20503. The request for extension will be costs the submitting plan about $165 to notice is hereby given that on July 8, available for public inspection at the have prepared by an outside consultant, 1997, the American Stock Exchange, Communications and Public Affairs for a total annual cost burden of $495. Inc. (‘‘Amex’’); on July 10, 1997, the Chicago Board Options Exchange, Inc. Department of the Pension Benefit Issued in Washington, DC, this 23rd day of Guaranty Corporation, suite 240, 1200 K (‘‘CBOE’’); on July 10, 1997, the Pacific July, 1997. Exchange, Inc. (‘‘PCX’’); and on July 10, Street, NW., Washington, DC, 20005– David M. Strauss, 4026, between 9 a.m. and 4 p.m. on 1997, the Philadelphia Stock Exchange, Executive Director, Pension Benefit Guaranty business days. Inc. (‘‘Phlx’’) (collectively the Corporation. ‘‘Exchanges’’) filed with the Securities FOR FURTHER INFORMATION CONTACT: [FR Doc. 97–19812 Filed 7–25–97; 8:45 am] and Exchange Commission (‘‘SEC’’ or Deborah C. Murphy, Attorney, office of BILLING CODE 7708±01±P ‘‘Commission’’) the proposed rule the General Counsel, Pension Benefit changes as described in Items I and II Guaranty Corporation, 1200 K Street, below, which Items have been prepared NW., Washington, DC 20005–4026, 202– SECURITIES AND EXCHANGE by the Exchanges. The CBOE submitted 326–4024. (For TTY and TDD, call 800– COMMISSION to the Commission Amendment No. 1 to 877–8339 and request connection to its proposal on July 17, 1997 3 and 202–326–4024). Sunshine Act Meeting Amendment No. 2 to its proposal on SUPPLEMENTARY INFORMATION: The PBGC administers the pension plan FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: (62 FR 39040, July 21, 1 15 U.S.C. 78s(b)(1). termination insurance programs under 2 1997). 17 CFR 240.19b–4. Title IV of the Employee Retirement 3 In Amendment No. 1, the CBOE submitted to Income Security Act of 1974, as STATUS: Closed Meeting. the Commission the required report detailing open amended (‘‘ERISA’’). Section 4220 of PLACE: 450 Fifth Street, N.W., interest and volume for the past year. See Letter Washington, D.C. from Timothy H. Thompson, Senior Attorney, ERISA requires the plan sponsor of a CBOE, to Deborah Flynn, Attorney, Division of multiemployer pension plan covered by DATE PREVIOUSLY ANNOUNCED: July 21, Market Regulation (‘‘Division’’), SEC, dated July 15, Title IV of ERISA to submit for PBGC 1997. 1996 (‘‘CBOE Amendment No. 1’’). 40392 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
July 17, 1997.4 The Amex submitted to A. Self-Regulatory Organizations’ allotment.13 However, these eleven the Commission Amendment No. 1 to Statement of the Purpose of, and classes may not be replaced by another its proposed rule change on July 21, Statutory Basis for, the Proposed Rule selection in the event a class becomes 1997 5 and Amendment No. 2 to its Changes ineligible or is decertified. proposal on July 21, 1997.6 The The Commission has previously As has been the case since the Commission is publishing this notice to approved a pilot program proposed by inception of the 21⁄2 point strike price solicit comments on the proposed rule the Exchanges to list selected options pilot program, when more than one changes from interested persons, and to trading at a strike price greater than $25 exchange selects a multiply-traded grant accelerated approval of the but less than $50 at 21⁄2 point intervals option for its allotment, the Options proposed rule changes, as amended. (i.e., 271⁄2, 321⁄2, 371⁄2, 421⁄2 and 471⁄2).7 Clearing Corporation (‘‘OCC’’) will Subsequently, the Commission determine which exchange will be I. Self-Regulatory Organizations’ extended the pilot program for the deemed to have selected the option Statement of the Terms of Substance of twelve month period ending July 18, according to the procedures agreed the Proposed Rule Changes 1997.8 Pursuant to the pilot program, upon by the Exchanges. The Exchanges the Exchanges are permitted to use such have agreed that an exchange The Exchanges propose to extend for 21⁄2 point strike price intervals for a (‘‘Selecting Exchange’’) intending to list one-year (i.e., July 17 1998) the joint total of up to 100 option issues. 21⁄2 point strikes on an option will Exchanges’ pilot program whereby the Ten options plus a percentage of the inform OCC of its selection by Exchanges may select a limited number remaining 50 options equal to each submitting a notice (‘‘Selection Notice’’) of their listed options for inclusion in a exchange’s pro rata share of the total to OCC between the hours of 8:30 a.m. pilot program for the listing of strike number of equity options listed by the and 12:00 Noon (Central Time). In the prices at 21⁄2 point intervals. The text of Exchanges were allocated to each event that more than one exchange the proposed rule changes is available at exchange.9 submits a Selection Notice to the OCC the Office of the Secretary, the Subsequent to the issuance of the 21⁄2 for the same multiply-traded option, the Exchanges, and at the Commission. Point Strike Price Extension Order, the exchange which first submits a NYSE sold its options programs to the Selection Notice to the OCC will be II. Self-Regulatory Organizations’ CBOE. As a result, the four remaining deemed to be the Selecting Exchange for Statement of the Propose of, and options Exchanges have agreed upon a that option. Such option will count Statutory Basis for, the Proposed Rule new allocation 10 of the 100 classes for toward the allotment of the Selecting Changes purposes of the extension of the pilot Exchange, but not toward the allotment program.11 Under the new proposal, of any other exchange submitting a In their filings are the Commission, each exchange would be allocated a Selection Notice under the terms of the the Exchanges included statements whole number of classes based on the pilot program. concerning the purpose of and basis for sum of the following: (1) one quarter of In addition, each of the Exchanges has the proposed rule changes. The text of the first 50 issues; and (2) a percentage submitted a report to the Commission these statements may be examined at of the remaining 50 classes determined that includes data and written analysis the places specified in Item IV below. by each exchange’s pro rata share of the regarding the operation of the pilot The Exchanges have prepared total number of equity option listings as program during the previous year, as 12 summaries, set forth in sections A, B, of July 1, 1997. The Exchanges also required in the 21⁄2 Strike Price and C below, of the most significant have proposed that the eleven options Extension Order.14 The Exchanges aspects of such statements. selected by the NYSE will continue to generally believe that the pilot program be eligible for the pilot program, but has provided customers greater 4 In amendment No. 2, the CBOE: 1) set forth the will not count against any exchange’s opportunities and flexibility to tailor allocation of the 100 option classes to be included their options positions, while enhancing in the pilot program; 2) detailed the treatment of the 7 See Securities Exchange Act Release No. 35993 the depth and liquidity of the markets eleven classes selected for the pilot program by the (July 19, 1995), 60 FR 38073 (July 25, 1995) (File New York Stock Exchange (‘‘NYSE’’) prior to the Nos. SR–Phlx–95–08, SR–Amex–95–12, SR–PSE– in the selected options classes. The 15 sale of its options business to the CBOE; and 3) 95–07, SR–CBOE–95–19, SR–NYSE–95–12) (‘‘21⁄2 Exchanges and the Options Price enclosed a memorandum from the Options Price Point Strike Price Approval Order’’). Reporting Authority (‘‘OPRA’’) 16 Reporting Authority (‘‘OPRA’’) stating that based on 8 See Securities Exchange Act Release No. 37441 represent that sufficient computer the Exchange’s representations, additional traffic (July 15, 1996), 61 FR 38234 (July 23, 1996) (File processing capacity is available to generated by extending the 21⁄2 point strike pilot is Nos. SR–Amex–96–24; SR–CBOE–96–41; SR– within OPRA’s capacity. See Letter from Timothy NYSE–96–19; SR–PSE–96–18; and SR–Phlx–96–22) 13 H. Thompson, Senior Attorney, CBOE, to Deborah (‘‘21⁄2 Point Strike Price Approval Order’’). See CBOE Amendment No. 2, supra note 4; 9 Amex Amendment No. 1, supra note 5; See also Flynn, Attorney, Division, SEC, dated July 16, 1997 The actual allotment of option issues for each File Nos. SR–PCX–97–30 and SR–Phlx–97–33. (‘‘CBOE Amendment No. 2’’). exchange as of July 1996 was: CBOE (28), Amex (22), Phlx (18), PSE (18), and NYSE (14). 14 In the 21⁄2 Point Strike Price Extension Order, 5 In Amendment No. 1, the Amex clarified that 10 the Commission required that each Exchange the pilot program will be extended until July 17, The Commission believes that if the Exchanges submit a report before the Commission would 1998 and discussed the allocation of the 100 wish to modify the allocation agreement prior to the expiration of this point program, they should review a proposal to extend, expand or make options classes and the treatment of the eleven contact the Division to determine whether a Rule permanent the pilot program. classes selected by the NYSE. See Letter from Claire 19b–4 filing is required. 15 See Letters from Thomas A. Wittman, Vice P. McGrath, Vice President and Special Counsel, 11 See CBOE Amendment No. 2, supra note 4; President, Trading Systems, Phlx, to Michael Derivative Securities, Ames, to Ivette Lopez, Amex Amendment No. 1, supra note 5; and Letters Walinskas, Senior Special Counsel, Division, SEC, Assistant Director, Division, SEC, dated July 16, from Michael D. Pierson, Senior Attorney, dated July 16, 1997 and Claire McGrath, Vice 1997 (‘‘Amex Amendment No. 1’’). Regulatory Policy, PCX, to Deborah Flynn, President and Special Counsel, Derivative 6 See Letter Claire P. McGrath, Vice President and Attorney, Division, SEC, dated July 16, 1997 and Securities, Amex, to Ivette Lopez, Assistant Special Counsel, Derivative Securities, to Ivette Philip H. Becker, Senior Vice President, Senior Vice Director, Division, SEC, dated July 17, 1997. See Lopez, Assistant Director, Division, SEC, dated July President and Chief Regulatory Officer, Phlx to also File Nos. SR–CBOE–97–31 and SR–PCX–97– 17, 1997 (‘‘Amex amendment No. 2’’). In Michael Walinskas, Senior Special Counsel, 30. Amendment No. 2, the Amex stated that the Division, SEC, dated July 17, 1997. 16 See Letter from Joseph P. Corrigan, Executive Exchange has sufficient capacity to handle the 12 The actual allotment of options issues for each Director, OPRA, to Michael Walinskas, Senior extension of the 2–1⁄2 strike price pilot program for exchange is: CBOE (31), Amex (25), Phlx (23), and Special Counsel, Division, SEC, dated July 18, 1997 another year. PCX (21). (‘‘OPA Capacity Statement’’). Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40393 accommodate the extension of the 21⁄2 to continue to monitor the applicable and written analysis on the open point strike price pilot program for equity options activity closely to detect interest and trading volume in affected another year. any proliferation of illiquid options series, and delisted options series (for Each exchange has stated that it series resulting from the narrower strike all strike price intervals) on the selected believes its respective proposed rule price intervals and to act promptly to pilot program option classes. The report change is consistent with Section 6(b) of remedy this situation should it occur. should also discuss any capacity the Act 17 in general and furthers the The Commission notes that the problems that may have arisen during objectives of Section 6(b)(5) 18 in proposal allows the eleven options the pilot program and any other data particular in that the joint proposal is classes previously selected by the NYSE relevant to the analysis of the pilot designed to prevent fraudulent and to continue to be eligible for the 21⁄2 program, including an assessment of the manipulative acts and practices, to point strike pilot program, but such appropriateness of the 21⁄2 point strike promote just and equitable principles of classes may not be replaced in the event price intervals for the options selected trade, and is not designed to permit a class becomes either ineligible or is by the reporting exchange. unfair discrimination between decertified. The Commission further The Commission finds good cause for customers, issuers, brokers or dealers. notes that the proposal provides that approving the proposed rule changes, these eleven classes will not count including CBOE Amendment Nos. 1 and B. Self-Regulatory Organizations’ against the allotment of any of the 2 and Amex Amendment Nos. 1 and 2, Statement on Burden on Competition Exchanges. The Commission notes that prior to the thirtieth day after the date The Exchanges believe that the he proposed treatment of these eleven of publication of notice of filing thereof proposed rule changes will impose no options will allow investors to continue in the Federal Register. As mentioned burden on competition. to trade in 21⁄2 point strikes in these above, the Exchanges submitted C. Self-Regulatory Organizations’ options. Moreover, the Commission separate reports to the Commission that Statement on Comments on the believes that the proposed treatment of include data and written analysis Proposed Rule Changes Received From the eleven options classes represents regarding the operation of the pilot 1 Members, Participants or Others only a marginal increase in the total program as required in the 2 ⁄2 Strike number of options classes eligible for Price Extension Order. The Commission No written comments were solicited the pilot program. Consequently, the notes that the Exchanges have not or received with respect to the proposed Commission believes that the proposed reported any significant problems with rule changes. treatment of the eleven options classes the pilot program since its inception III. Commission’s Findings and Order previously selected by the NYSE is and that the Exchanges will continue to Granting Accelerated Approval reasonable. monitor the pilot program to ensure that In addition, OPRA represents that no problems arise. Moreover, the The Exchanges have requested adequate computer processing capacity Commission believes that the extension accelerated approval for their respective to accommodate the additional strike of the pilot program on an accelerated proposals. The Commission finds that prices is currently available.21 The basis will provide the investing public the proposed rule changes, as amended, Exchange also represent that their with the added flexibility provided by are consistent with the requirements of current systems capacities are sufficient 21⁄2 point strike prices on an the Act and the rules and regulations to meet the expected demands of the uninterrupted basis. Finally, no adverse thereunder applicable to a national additional strike prices.22 Nonetheless, comments have been received by the 19 securities exchange, and, in particular, the Commission expects the Exchanges Exchanges or the Commission the requirements of Section 6(b)(5) of to continue to monitor the trading concerning the pilot program. Based on 20 the Act. Specifically, the Commission volume associated with the additional the above, the Commission believes believes that the proposed extension of options series listed as a result of the good cause exists to approve the the pilot program providing for the extension of the pilot program and the extension of the pilot program through 1 listing of 2 ⁄2 point strike price intervals effect of these additional series on the July 17, 1998, on an accelerated basis. in selected equity options will continue capacity of the Exchanges’, OPRA’s and Accordingly, the Commission believes to provide investors with more vendors’ automated systems. that granting accelerated approval of the flexibility in the trading of equity In the event the Exchanges propose to proposals is appropriate and consistent options with a strike price greater than (1) extend the pilot program beyond July with Sections 6(b)(5) and 19(b)(2) of the $25 but less than $50, thereby furthering 17, 1998, (2) expand the pilot program Act.25 the public interest by allowing investors beyond the 100 option classes,23 or (3) to establish equity options positions that seek permanent approval of the pilot IV. Solicitation of Comments are better tailored to meet their program, they should submit a report to Interested persons are invited to investment objectives. The Commission the Commission along with the filing of submit written data, views and also believes that the Exchanges’ such a proposal.24 The report should arguments concerning the foregoing. proposal strikes a reasonable balance cover the period from May 19, 1997 to Persons making written submissions between the Exchanges’ desire to May 22, 1998 and should include data should file six copies thereof with the accommodate market participants by Secretary, Securities and Exchange offering a wide array of investment 21 See OPRA Capacity Statement, supra note 16. Commission, 450 Fifth Street, N.W., opportunities and the need to avoid 22 See supra note 15. Washington, D.C. 20549. Copies of the excessive proliferation of options series. 23 The Commission notes that he proposed submission, all subsequent The Commission expects the Exchanges treatment of the eleven options classes previously amendments, all written statements selected for the 21⁄2 point strike pilot program by the NYSE temporarily establishes a maximum of with respect to the proposed rule 17 15 U.S.C. 78f. 111 eligible options. change that are field with the 18 15 U.S.C. 78f(b)(5). 24 The Commission expects that each Exchange Commission, and all written 19 In approving this rule, the Commission notes will submit a proposed rule change at least two communication relating to the proposed that it has considered the proposed rule’s impact on months before the expiration of the pilot program efficiency, competition, and capital formation. 15 in the event the Exchanges wish to seek to extend, rule change between the Commission U.S.C. 78c(f). expand or seek permanent approval of the pilot 20 15 U.S.C. 78f(b)(5). program as noted above. 25 15 U.S.C. 78f(b)(5) and 78s(b)(2). 40394 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices and any person, other than those that is available, questions received after I. Rulemaking may be withheld from the public in August 25 may be answered at the A. Crash avoidance accordance with the provisions of 5 meeting. The individual, group or B. Crashworthiness U.S.C. 552, will be available for company submitting a question(s) does C. Other Rulemakings inspection and copying in the not have to be present for the II. Consumer Information Commission’s Public Reference Section, question(s) to be answered. A III. Miscellaneous 450 Fifth Street, N.W., Washington, D.C. consolidated list of the questions NHTSA will provide auxiliary aids to 20549. Copies of such filings will also submitted by August 25, 1997, and the participants as necessary. Any person be available for inspection and copying issues to be discussed, will be desiring assistance of ‘‘auxiliary aids’’ at the principal office of the Exchanges. transmitted to interested persons by (e.g., sign-language interpreter, All submissions should refer to File September 15, 1997, and will be telecommunications devices for deaf Nos. SR–Amex–97–24; SR–CBOE–97– available at the meeting. Also, the persons (TDDs), readers, taped texts, 31; SR–PCX–97–30; and SR–Phlx–97–33 agency will hold a second public brailled materials, or large print and should be submitted by August 18, meeting September 17, devoted materials and/or a magnifying device), 1997. exclusively to a presentation of research please contact Delia Gage on (202) 366– and development programs. The 1810, by COB August 25, 1997. V. Conclusion meeting is described more fully in a Issued: July 22, 1997. It is Therefore Ordered, pursuant to separate announcement. The next L. Robert Shelton, Section 19(b)(2) of the Act,26 that the NHTSA vehicle regulatory program pilot program proposed by the Associate Administrator for Safety meeting will take place on December 17, Performance Standards. Exchanges (File Nos. SR–Amex–97–24; 1997 at the Clarion Inn Hotel, 9191 [FR Doc. 97–19773 Filed 7–25–97; 8:45 am] SR–CBOE–97–31; SR–PCX–97–30; and Wickham Road, in Romulus, MI. BILLING CODE 4910±59±M SR–Phlx–97–33), as amended, is ADDRESSES: Questions for the September approved through July 17, 1998, on an 18, NHTSA Technical Industry Meeting, accelerated basis. relating to the agency’s vehicle DEPARTMENT OF TRANSPORTATION For the Commission, by the Division of regulatory program, should be Market Regulation, pursuant to delegated submitted to Delia Gage, NPS–01, National Highway Traffic Safety authority.27 National Highway Traffic Safety Administration Jonathan G. Katz, Administration, Room 5401, 400 Secretary. Seventh Street, SW., Washington, DC [Docket Nos. 97±022; Notice 2, 97±023; Notice 2, 97±032; Notice 2, 97±034; Notice [FR Doc. 97–19710 Filed 7–25–97; 8:45 am] 20590, Fax Number 202–366–4329. The 2] BILLING CODE 8010±01±M meeting will be held at the Tysons Westpark Hotel, 8401 Westpark Drive, Decision that Certain Nonconforming in McLean, Virginia. Motor Vehicles are Eligible for DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Importation Delia Gage, (202) 366–1810. AGENCY: National Highway Traffic National Highway Traffic Safety SUPPLEMENTARY INFORMATION: NHTSA Administration holds this regular, quarterly meeting to Safety Administration (NHTSA), DOT. ACTION: Notice of decision by NHTSA Safety Performance Standards and answer questions from the public and the regulated industries regarding the that certain nonconforming motor Research and Development Programs vehicles are eligible for importation. Meetings agency’s vehicle regulatory program. Questions on aspects of the agency’s SUMMARY: This notice announces AGENCY: National Highway Traffic research and development activities that decisions by NHTSA that certain motor Safety Administration. relate directly to ongoing regulatory vehicles not originally manufactured to ACTION: Notice of NHTSA industry actions should be submitted, as in the comply with all applicable Federal meeting. past, to the agency’s Safety Performance motor vehicle safety standards are Standards Office. The purpose of this eligible for importation into the United SUMMARY: This notice announces a meeting is to focus on those phases of States because they are substantially public meeting at which NHTSA will NHTSA activities which are technical, similar to vehicles originally answer questions from the public and interpretative or procedural in nature. manufactured for importation into and/ the automobile industry regarding the Transcripts of these meetings will be or sale in the United States and certified agency’s vehicle regulatory program. In available for public inspection in the by their manufacturers as complying addition, NHTSA will hold a separate NHTSA Technical Reference Section in with the safety standards, and they are public meeting to describe and discuss Washington, DC, within four weeks after capable of being readily altered to specific research and development the meeting. Copies of the transcript conform to the standards. projects. will then be available at ten cents a DATES: These decisions are effective as DATES: The Agency’s regular, quarterly page, (length has varied from 100 to 150 pages) upon request to NHTSA of the date of their publication in the public meeting relating to its vehicle Federal Register. regulatory program will be held on Technical Reference Section, Room FOR FURTHER INFORMATION CONTACT: September 18, 1997, beginning at 9:45 5108, 400 Seventh Street, SW., a.m. and ending at approximately 12:30 Washington, DC 20590. The Technical George Entwistle, Office of Vehicle p.m. Questions relating to the vehicle Reference Section is open to the public Safety Compliance, NHTSA (202–366– regulatory program must be submitted from 9:30 a.m. to 4:00 p.m. We would 5306). in writing by August 25, 1997, to the appreciate the questions you send us to SUPPLEMENTARY INFORMATION: address shown below. If sufficient time be organized by categories to help us to process the questions into agenda form Background 26 15 U.S.C. 78s(b)(2). more efficiently. Sample format as Under 49 U.S.C. 30141 (a)(1)(A), a 27 17 CFR 200.30–3(a)(12). follows: motor vehicle that was not originally Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40395 manufactured to conform to all U.S.C. § 30115, as specified in Annex A, SUMMARY: This notice announces the applicable Federal motor vehicle safety and is capable of being readily altered decision by NHTSA that 1993 Land standards shall be refused admission to conform to all applicable Federal Rover Defender 110 MPVs that were not into the United States unless NHTSA motor vehicle safety standards. originally manufactured to comply with has decided that the motor vehicle is Authority: 49 U.S.C. 30141 (a)(1)(A) and all applicable Federal motor vehicle substantially similar to a motor vehicle (b)(1); 49 CFR 593.8; delegations of authority safety standards, are eligible for originally manufactured for importation at 49 CFR 1.50 and 501.8. importation into the United States into and sale in the United States, Issued on: July 22, 1997. because they are substantially similar to certified under 49 U.S.C. 30115, and of Marilynne Jacobs, Director, a vehicle originally manufactured for the same model year as the model of the importation into and sale in the United Office of Vehicle Safety Compliance. motor vehicle to be compared, and is States and certified by its manufacturer capable of being readily altered to Annex A as complying with the safety standards conform to all applicable Federal motor (the U.S.-certified version of the 1993 vehicle safety standards. Nonconforming Motor Vehicles Decided To Land Rover Defender 110), and they are Be Eligible for Importation Petitions for eligibility decisions may capable of being readily altered to be submitted by either manufacturers or 1. Docket No. 97–022 conform to the standards. importers who have registered with Nonconforming Vehicle: 1994 Mercedes- DATES: This decision is effective as of NHTSA pursuant to 49 CFR Part 592. As Benz S600L the date of its publication in the Federal specified in 49 CFR 593.7, NHTSA Substantially similar U.S.-certified vehicle: Register. publishes notice in the Federal Register 1994 Mercedes-Benz S600 of each petition that it receives, and Notice of Petition published at: 62 FR 19649 FOR FURTHER INFORMATION CONTACT: (April 22, 1997) George Entwistle, Office of Vehicle affords interested persons an Vehicle Eligibility Number: VSP–214 opportunity to comment on the petition. Safety Compliance, NHTSA (202–366– At the close of the comment period, 2. Docket No. 97–023 5306). Nonconforming Vehicles: 1995 Saab 900 SE NHTSA decides, on the basis of the SUPPLEMENTARY INFORMATION: petition and any comments that it has Substantially similar U.S.-certified vehicles: received, whether the vehicle is eligible 1995 Saab 900 SE Background Notice of Petition published at: 62 FR 19166 for importation. The agency then (April 18, 1997) Under 49 U.S.C. 30141(a)(1)(A), a publishes this decision in the Federal Vehicle Eligibility Number: VSP–213 motor vehicle that was not originally Register. manufactured to conform to all NHTSA received petitions from 3. Docket No. 97–032 applicable Federal motor vehicle safety registered importers to decide whether Nonconforming Vehicle: 1989 Chrysler standards shall be refused admission the vehicles listed in Annex A to this Shadow (Middle Eastern Market) into the United States unless NHTSA notice are eligible for importation into Substantially similar U.S.-certified vehicle: has decided that the motor vehicle is 1989 Dodge Shadow the United States. To afford an Notice of Petition published at: 62 FR 28753 substantially similar to a motor vehicle opportunity for public comment, (May 27, 1997) originally manufactured for importation NHTSA published notice of these Vehicle Eligibility Number: VSP–216 into and sale in the United States, petition as specified in Annex A. The 4. Docket No. 97–034 certified under 49 U.S.C. 30115, and of reader is referred to those notices for a the same model year as the model of the thorough description of the petitions. Nonconforming Vehicle: 1988 Jaguar XJ6 motor vehicle to be compared, and is Sovereign capable of being readily altered to No comments were received in response Substantially similar U.S.-certified vehicle: to these notices. Based on its review of 1988 Jaguar XJ6 Sovereign conform to all applicable Federal motor the information submitted by the Notice of Petition published at: 62 FR 28530 vehicle safety standards. petitioners, NHTSA has decided to grant (May 23, 1997) Petitions for eligibility decisions may the petitions. Vehicle Eligibility Number: VSP–215 be submitted by either manufacturers or importers who have registered with Vehicle Eligibility Number for Subject [FR Doc. 97–19768 Filed 7–25–97; 8:45 am] NHTSA pursuant to 49 CFR part 592. As Vehicles BILLING CODE 4910±59±M specified in 49 CFR 593.7, NHTSA The importer of a vehicle admissible publishes notice in the Federal Register under any final decision must indicate of each petition that it receives, and DEPARTMENT OF TRANSPORTATION on the form HS–7 accompanying entry affords interested persons an the appropriate vehicle eligibility National Highway Traffic Safety opportunity to comment on the petition. number indicating that the vehicle is Administration At the close of the comment period, eligible for entry. Vehicle eligibility NHTSA decides, on the basis of the numbers assigned to vehicles admissible petition and any comments that it has under this decision are specified in [Docket No. 97±025; Notice 2] received, whether the vehicle is eligible Annex A. Decision that Certain Nonconforming for importation. The agency then publishes this decision in the Federal Final Decision 1993 Land Rover Defender 110 Multi- Purpose Passenger Vehicles are Register. Accordingly, on the basis of the Wallace Environmental Testing Eligible for Importation foregoing, NHTS hereby decides that laboratories, Inc. Of Houston, Texas each motor vehicle listed in Annex A to AGENCY: National Highway Traffic (‘‘Wallace’’) (Registered Importer No. R– this notice, which was not originally Safety Administration (NHTSA), DOT. 90–005) petitioned NHTSA to decide manufactured to comply with all whether 1993 Land Rover Defender 110 ACTION: Notice of decision by NHTSA applicable Federal motor vehicle safety MPVs are eligible for importation into that certain nonconforming 1993 Land standards, is substantially similar to a the United States. NHTSA published Rover Defender 110 multi-purpose motor vehicle manufactured for notice of the petition on April 18, 1997 passenger vehicles (MPVs) are eligible importation into and/or sale in the (62 FR 19167) to afford an opportunity for importation. United States, and certified under 49 for public comment. As stated in the 40396 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices notice of petition, the vehicle which statement on the passenger-side certified 1993 Land Rover Defender 110 Wallace believes is substantially similar rearview mirror. was modified to stiffen the fuel sender is the 1993 Land Rover Defender 110 Standard No. 114 Theft Protection: opening to reduce deformation and that was manufactured for importation installation of a warning buzzer in the subsequent fuel leakage after Standard into, and sale in, the United States and ignition switch. No. 301 rear impact tests. Because the certified by its manufacturer as Standard No. 120 Tire Selection and non-U.S. certified 1993 Land Rover conforming to all applicable Federal Rims for Vehicles other than Passenger Defender 110 was never subjected to motor vehicle safety standards. Cars: installation of a tire information that testing, Land Rover stated that it is The petitioner contended that it placard. unable to comment on that vehicle’s carefully compared the non-U.S. Standard No. 208 Occupant Crash ability to meet the standard. Land Rover certified 1993 Land Rover Defender 110 Protection: (a) Installation of a seat belt finally noted that the steering column, to its U.S. certified counterpart, and warning system; (b) installation of lap steering wheel and steering wheel hub found the two models to be belts adjustable by means of an pad on the U.S. certified 1993 Land substantially similar with respect to emergency locking retractor in the rear Rover Defender 110 were modified to compliance with most applicable side mount seats. The petitioner stated meet Standard No. 208 compliance Federal motor vehicle safety standards. that the vehicle is equipped at each tests. Wallace submitted information with front and rear outboard seating position NHTSA accorded Wallace an with Type 2 lap and shoulder belts that its petition intended to demonstrate that opportunity to respond to Land Rover’s are adjustable by means of an the non-U.S. certified 1993 Land Rover comments. In its response, Wallace emergency locking retractor. Defender 110, as originally stated that the steering column, steering Additionally, the petitioner stated that manufactured, conforms to many wheel, and steering wheel hub pad on the vehicle is equipped with a Type 1 Federal motor vehicle safety standards the non-U.S. certified 1993 Land Rover lap belt in the rear center designated in the same manner as its U.S. certified Defender 110 can be readily replaced seating position. counterpart, or is capable of being with U.S.-model components to meet readily altered to conform to those Standard No. 210 Seat Belt the requirements of Standard No. 208. standards. Assembly Anchorages: installation of Additionally, Wallace contended that Specifically, the petitioner claimed seat belt anchorages at the rear side that the non-U.S. certified 1993 Land mount seating positions. the fuel tank on the non-U.S. certified Rover Defender 110 is identical to its Standard No. 216 Roof Crush 1993 Land Rover Defender 110 can be U.S. certified counterpart with respect Resistance: installation of an internal readily replaced with a U.S.-model tank to compliance with Standards Nos. 102 and external roll cage assembly to meet the requirements of Standard Transmission Shift Lever Sequence identical to the one found on the No. 301. Contrary to Land Rover’s * * *., 103 Defrosting and Defogging vehicle’s U.S.-certified counterpart. assertion that a new chassis Systems, 104 Windshield Wiping and Standard No. 301 Fuel System incorporating the stamped steel Washing Systems, 105 Hydraulic Integrity: installation of a rear bumper reinforcement would have to be Brake Systems, 106 Brake Hoses, 113 assembly with supports attached to the installed to meet the rear impact Hood Latch Systems, 116 Brake Fluid, frame to provide protection to the fuel requirements of this standard, Wallace 119 New Pneumatic Tires for Vehicles tank. contended that it is only necessary to other than Passenger Cars, 124 One comment was received in install the reinforcement itself. Based on Accelerator Control Systems, 201 response to the notice of petition, from consultations with professional welding Occupant Protection in Interior Impact, Land Rover North America Inc., (‘‘Land companies, Wallace described this 202 Head Restraints, 203 Impact Rover’’), the United States modification as a straight forward Protection for the Driver From the representative of the Rover Group Ltd., process utilizing identical material Steering Control System, 204 Steering the vehicle’s manufacturer. In its welded in the identical location. Control Rearward Displacement, 205 comment, Land Rover stated that a NHTSA has reviewed each of the Glazing Materials, 206 Door Locks and stamped steel stiffening saddle is issues that Land Rover has raised Door Retention Components, 207 welded to the frame of the U.S. certified regarding Wallace’s petition. NHTSA Seating Systems, 209 Seat Belt 1993 Land Rover Defender 110 to stiffen believes that Wallace’s responses Assemblies, 211 Windshield Mounting, the fuel tank enclosure so that it can adequately address each of those issues. 212 Windshield Retention, 214 Side withstand rear impact testing under NHTSA further notes that the Impact Protection, 219 Windshield Standard No. 301. Land Rover stated modifications described by Wallace Zone Intrusion, and 302 Flammability that the stamped steel reinforcement is would not preclude the 1993 Land of Interior Materials. not available through the company’s Rover Defender 110 from being found Petitioner also contended that the parts system, requiring replacement of ‘‘capable of being readily altered to vehicle is capable of being readily the entire chassis. Arguing that a vehicle comply with applicable motor vehicle altered to meet the following standards, requiring chassis replacement cannot be safety standards.’’ in the manner indicated: ‘‘readily altered,’’ Land Rover NHTSA has accordingly decided to Standard No. 101 Controls and contended that the non-U.S. certified grant the petition. 1993 Land Rover Defender 110 does not Displays: replacement of the Vehicle Eligibility Number for Subject meet the import eligibility criteria speedometer/odometer with one Vehicles calibrated in miles per hour. specified in 49 U.S.C. Standard No. 108 Lamps, Reflective § 30141(a)(1)(A)(iv). Land Rover further The importer of a vehicle admissible Devices and Associated Equipment: (a) noted that weld nuts were added to the under any final decision must indicate Replacement of the headlight and rear cross member of the U.S. certified on the form HS–7 accompanying entry taillight assemblies with conforming 1993 Land Rover Defender 110 to mount the appropriate vehicle eligibility parts; (b) installation of turnsignal lens the rear bumper/step, but that these number indicating that the vehicle is assemblies and sidemarkers. parts were omitted from non-U.S. eligible for entry. VSP–212 is the Standard No. 111 Rearview Mirrors: production. Additionally, Land Rover vehicle eligibility number assigned to inscription of the required warning stated that the fuel tank on the U.S. vehicles admissible under this decision. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40397
Final Decision DEPARTMENT OF TRANSPORTATION modifications of exemptions (e.g. to provide for additional hazardous Accordingly, on the basis of the Research and Special Programs materials, packaging design changes, foregoing, NHTSA hereby decides that a Administration additional mode of transportation, etc.) 1993 Land Rover Defender 110 that was are described in footnotes to the not originally manufactured to comply Office of Hazardous Materials Safety; application number. Application with all applicable Federal motor Notice of Applications for Modification numbers with the suffix ‘‘M’’ denote a vehicle safety standards, is substantially of Exemption modification request. These similar to a 1993 Land Rover Defender AGENCY: Research and Special Programs applications have been separated from 110 that was originally manufactured Administration, DOT. the new applications for exemptions to for importation into and sale in the ACTION: List of applications for facilitate processing. United States and certified under 49 modification of exemptions. DATES: Comments must be received on U.S.C. § 30115, and is capable of being or before August 12, 1997. readily altered to conform to all SUMMARY: In accordance with the procedures governing the application ADDRESS COMMENTS TO: Dockets Unit, applicable Federal motor vehicle safety Research and Special Programs, standards. for, and the processing of, exemption from the Department of Transportation’s Administration, U.S. Department of Authority: 49 U.S.C. 30141 (a)(1)(A) and Hazardous Materials Regulations (49 Transportation, Washington, DC 20590. (b)(1); 49 CFR 593.8; delegations of authority CFR Part 107, Subpart B), notice is Comments should refer to the at 49 CFR 1.50 and 501.8. hereby given that the Office of application number and be submitted in Issued on: July 22, 1997. Hazardous Materials Safety has received triplicate. If confirmation of receipt of Marilynne Jacobs, the applications described herein. This comments is desired, include a self- notice is abbreviated to expedite addressed stamped postcard showing Director, Office of Vehicle Safety Compliance. the exemption number. [FR Doc. 97–19770 Filed 7–25–97; 8:45 am] docketing and public notice. Because the sections affected, modes of FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±59±P transportation, and the nature of Copies of the application are available application have been shown in earlier for inspection in the Dockets Unit, Federal Register publications, they are Room 8426, Nassif Building, 400 7th not repeated here. Requests for Street SW, Wasington, DC.
Renewal Application No. Docket No. Applicant of exemption
6922±M ...... Halocarbon Products Co., N. Augusta, SC (See Footnote 1) ...... 6922 9064±M ...... Propack, Inc., Essington, PA (See Footnote 2) ...... 9064 10020±M ...... Allwaste, Inc., Houston, TX (See Footnote 3) ...... 10020 11378±M ...... Astrotech Space Operations, Inc., Titusville, FL (See Footnote 4) ...... 11378 11380±M ...... Western Atlas Logging Services, Houston, TX (See Footnote 5) ...... 11380 11512±M ...... Alaska Eskimo Whaling Commission, Barrow, AK (See Footnote 6) ...... 11512 11836±M ...... RSPA±97± HCI USA Distribution Companies, Inc., Greensboro, NC (See Footnote 7) 11836 2572±4 11888±M ...... RSPA±97± Day & Zimmermann, Inc., Parsons, KS (See Footnote 8) ...... 11888 2583±2 1 To modify the exemption to provide for use of alternative metal for DOT Specification 106A500±X multi-unit tank car tank, for shipment of cer- tain compressed gases. 2 To modify the exemption to provide for ocean transportation as an additional mode for use in transporting corrosive materials in glass con- tainers placed in cushioned cylindrical steel overpacks. 3 To modify the exemption to provide for the transportation of a Division 4.2 hazardous materials in non-DOT specification roll-on/roll-off con- tainers. 4 To modify the exemption to provide for ocean transportation as an alternative mode for use in transporting certain hazardous materials in non-DOT specification stainless steel cylinders. 5 To modify the exemption to provide for several technical changes to the non-DOT specification cylinders for use in transporting compressed hydrocarbon gases. 6 To reissue the exemption originally issued on an emergency basis to authorize the transportation in commerce of Black powder, Division 1.1D., by cargo aircraft only. 7 To reissue the exemption originally issued on an emergency basis for the transportation of polyethylene drums for use in transporting non- bulk quantities of ammonia solutions, Class 8. 8 To reissue the exemption originally issued on an emergency basis to authorize the shipment of substances, explosive, n.o.s. mixture, which is not authorized by the Hazardous Materials Regulations, in a specially designed packaging.
This notice of receipt of applications Issued in Washington, DC, on July 22, DEPARTMENT OF TRANSPORTATION for modification of exemptions is 1997. published in accordance with Part 107 J. Suzanne Hedgepeth, Research and Special Programs of the Hazardous Materials Director, Office of Hazardous Materials Administration Transportations Act (49 U.S.C. 1806; 49 Exemptions and Approvals. CFR 1.53(e)). [FR Doc. 97–19771 Filed 7–25–97; 8:45 am] Office of Hazardous Materials Safety; Notice of Applications for Exemptions BILLING CODE 4910±60±M AGENCY: Research and Special Programs Administration, DOT. 40398 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
ACTION: List of Applicants for indicated by a number in the ‘‘Nature of Comments should refer to the Exemptions. Application’’ portion of the table below application number and be submitted in as follows: 1—Motor vehicle, 2—Rail triplicate. If confirmation of receipt of SUMMARY: In accordance with the freight, 3—Cargo vessel, 4—Cargo comments is desired, include a self- procedures governing the application aircraft only, 5—Passenger-carrying addressed stamped postcard showing for, and the processing of, exemptions aircraft. the exemption application number. from the Department of Transportation’s Hazardous Materials Regulations (49 DATES: Comments must be received on FOR FURTHER INFORMATION: Copies of the CFR part 107, subpart B), notice is or before August 27, 1997. applications (See Docket Number) are hereby given that the Office of ADDRESS COMMENTS TO: Dockets Unit, available for inspection at the New Hazardous Materials Safety has received Research and Special Programs Docket Management Facility, PL–401, at the applications described herein. Each Administration, Room 8421, DHM–30, the U.S. Department of Transportation, mode of transportation for which a U.S. Department of Transportation, Nassif Building, 400 7th Street, SW., particular exemption is requested is Washington, DC 20590. Washington, DC 20590.
NEW EXEMPTIONS
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
11910±N .... RSPA±97±2734 San Esters Corp., New 49 CFR 172.102(c)(7)(i), To authorize the transportation in commerce of allyl York, NY. T15. methacrylate, Division 6.1, in IMO Type 1 tanks with a minimum test pressure of 4 bar, equipped with prohibited bottom outlets. (modes 1, 3) 11911±N .... RSPA±97±2735 Transfer Flow, Inc., Chico, 49 CFR 178.700 thru To authorize the manufacture, mark and sale of 50 CA. 178.819. gallon to 105 gallon refueling tanks as intermediate bulk containers a system for use in transporting various Class 3 hazardous materials. (mode 1) 11912±N .... RSPA±97±2736 Florida Power Light, Jen- 49 CFR 173.403, 173.427 To authorize the transportation in commerce of sen Beach, FL. steam generators to be classified as surface con- taminated objects and transported in non-specifica- tion packaging. (mode 2) 11913±N .... RSPA±97±2737 Wheatland Tube Com- 49 CFR 178.507(6) ...... To authorize the transportation in commerce of Class pany, Wheatland, PA. 9 Hazardous Material in 16 gauge 1A2 drums in weight that exceed the quantity limitation as pres- ently authorized. (mode 1) 11914±N .... RSPA±97±2738 Glowmaster Corp., Gar- 49 CFR 173.304(d)(3)(ii), To authorize the transportation in commerce of a Di- field, NJ. 178.33. vision 2.1 hazardous materials in nonrefillable non- DOT specification inside container conforming with the DOT Specification 2P except for size, testing requirements and markings. (modes 1, 2, 3, 4) 11915±N .... RSPA±97±2739 Lockheed Martin Aero- 49 CFR 173.34(e) ...... To authorize an alternative maintenance/inspection nautical Systems Mari- program for certain DOT specification and non- etta, GA. DOT specification cylinders used as part of the en- gine and fire extinguishing systems on aircraft. (modes 1, 2, 4, 5) 11916±N .... RSPA±97±2740 CP Industries, Inc., 49 CFR 173.302(e)(2) (4) To authorize the use of ultrasonic wall thickness McKeesport, PA. and 5, retest method to re-qualify DOT±3AX, DOT±3AAX 173.34(e)(1)(3)(4). and DOT±3T cylinders and extend the retest pe- riod to 10 years for non-corrosive service. (modes 1, 2, 3, 4) 11917±N .... RSPA±97±2741 Sexton Can Co., Martins- 49 CFR 173.304(a), To authorize the manufacture, marking and sale of burg, WV. 178.65. non-DOT specification cylinder to be used for the transportation in commerce of certain Division 2.2 materials. (modes 1, 2, 3, 4) 11918±N .... RSPA±97±2742 E.I. DuPont de Nemours & 49 CFR 173.31(b)(3)(i), To authorize the transportation in commerce of tanks Co., Inc., Wilmington, 173.31(b)(4)(i). cars without head and thermal protection for use in DE. transporting Class 2 material. (mode 2) 11923±N .... RSPA±97±2743 Hoover Materials Handling 49 CFR 178.705(c)(iv)(A) To authorize the manufacture, marking and sale of Group. metal intermediate bulk containers having speci- fications that do not meet minimum thickness re- quirements. (modes 1, 2, 3) 11924±N .... RSPA±97±2744 U.F. Strainrite, Lewiston, 49 CFR 173.12(b) ...... To authorize the manufacture, marking and sale of a ME. corrugated fiberboard box for use as the outer packaging for lab pack applications for use in transporting various classes of hazardous wastes. (modes 1, 2, 3) 11925±N .... RSPA±97±2745 Concorde Battery Corp., 49 CFR 173.159(d) ...... To authorize the transportation in commerce of non- West Covina, CA. spillable aircraft batteries which have been altitude tested at a pressure less than the test pressure set forth in the regulations, overpacked in non-speci- fication fiberboard boxes to be transported without required markings and labels. (modes 1, 2, 3, 4, 5) Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40399
NEW EXEMPTIONSÐContinued
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
11926±N .... RSPA±97±2746 The Dow Chemical Co., 49 CFR 173.221 ...... To authorize the transportation in commerce of Midland, MI. polystrene beads, expandable, Class 9, in UN1H2 plastic drums not to exceed 200 pounds. (modes 1, 2, 3, 4) 11927±N .... RSPA±97±2747 Alaska Marine Lines, Se- 49 CFR 176.170(b) ...... To authorize the transportation in commerce of Class attle, WA. 1 explosives in container sizes 24′ and 40′ by ocean transportation. (mode 3)
This notice of receipt of applications Estimated Number of Respondents/ Estimated Number of Respondents/ for new exemptions is published in Recordkeepers: 1,000. Recordkeepers: 121,400. accordance with Part 107 of the Estimated Burden Hours Per Estimated Burden Hours Per Hazardous Materials Transportation Act Respondent/Recordkeeper: Respondent/Recordkeeper: (49 U.S.C. 1806; 49 CFR 1.53(e)). Recordkeeping—5 hr., 16 min. Recordkeeping—1 hr., 12 min. Learning about the law or the form— Issued in Washington, DC, on July 22, Learning about the law or the form— 2 hr., 5 min. 1 hr., 0 min. 1997. Preparing and sending the form to the J. Suzanne Hedgepeth, Preparing the form—1 hr., 5 min. IRS—2 hr., 16 min. Copying, assembling and sending the Director, Office of Hazardous Materials Frequency of Response: On occasion. form to the IRS—20 min. Exemptions and Approvals. Estimated Total Reporting/ [FR Doc. 97–19772 Filed 7–25–97; 8:45 am] Recordkeeping Burden: 9,610 hours. Frequency of Response: Annually. BILLING CODE 4910±60±M OMB Number: 1545–0193. Estimated Total Reporting/ Form Number: IRS Form 4972. Recordkeeping Burden: 439,468 hours. Type of Review: Extension. OMB Number: 1545–1480. DEPARTMENT OF THE TREASURY Title: Tax on Lump-Sum Distributions. Regulation Project Number: FI–34–94 Submission to OMB for Review; Description: Internal Revenue Code Final. Comment Request (IRC) section 402(e) allows taxpayers to Type of Review: Extension. compute a separate tax on a lump-sum Title: Hedging Transactions by July 17, 1997. distribution from a qualified retirement Members of a Consolidated Group. The Department of Treasury has plan. Form 4972 is used to correctly Description: The information is submitted the following public figure that tax. The data is used to verify required by the IRS to aid it in information collection requirement(s) to the correctness of the separate tax. Form administering the law and to prevent OMB for review and clearance under the 4972 is also used to make the special manipulation. The information will be Paperwork Reduction Act of 1995, Pub. 20% capital gain election attributable to used to verify that a taxpayer is properly L. 104–13. Copies of the submission(s) pre-1974 participation from the lump- reporting its business hedging may be obtained by calling the Treasury sum distribution. transactions. Bureau Clearance Officer listed. Respondents: Individuals or Respondents: Business or other for- Comments regarding this information households. profit. collection should be addressed to the Estimated Number of Respondents/ Estimated Number of Respondents/ OMB reviewer listed and to the Recordkeepers: 140,000. Recordkeepers: 17,100. Treasury Department Clearance Officer, Estimated Burden Hours Per Estimated Burden Hours Per Department of the Treasury, Room 2110, Respondent/Recordkeeper: Respondent/Recordkeeper: 4 hours, 27 1425 New York Avenue, NW., Recordkeeping—33 min. minutes. Washington, DC 20220. Learning about the law or the form— Frequency of Response: Other (one- 26 min. time). Internal Revenue Service (IRS) Preparing the form—1 hr., 19 min. Estimated Total Reporting/ OMB Number: 1545–0046. Copying, assembling and sending the Recordkeeping Burden: 76,050 hours. Form Number: IRS Form 982. form to the IRS 35 min. OMB Number: 1545–1541. Type of Review: Extension. Frequency of Response: Annually. Estimated Total Reporting/ Revenue Procedure Number: Revenue Title: Reduction of Tax Attributes Due Recordkeeping Burden: 403,200 hours. Procedure 97–27. to Discharge of Indebtedness. OMB Number: 1545–0712. Type of Review: Extension. Description: Internal Revenue Code Form Number: IRS Form 6198. Title: Changes in Methods of (IRC) section 108 allows taxpayers to Type of Review: Extension. Accounting. exclude from gross income amounts Title: At-Risk Limitations. Description: The information attributable to discharge of indebtedness Description: Internal Revenue Code requested in sections 6, 8, and 13 of in title 11 cases, insolvency, or a (IRC) section 465 requires taxpayers to Revenue Procedure 97–27 is required in qualified farm indebtedness. Section limit their at-risk loss to the lesser of the order for the Commissioner to 1081(b) allows corporations to exclude loss or their amount at risk. Form 6198 determine whether the taxpayer is from gross income amounts attributable is used by taxpayers to determine their properly requesting to change its to certain transfers of property. The data deductible loss and by IRS to verify the method of accounting and the terms and is used to verify adjustments to basis of amount deducted. conditions of that change. property and reduction of tax attributes. Respondents: Business or other for- Respondents: Business or other for- Respondents: Business or other for- profit, Individuals or households, Not- profit, Individuals or households, Not- profit, Individuals or households. for-profit institutions, Farms. for-profit institutions, Farms. 40400 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices
Estimated Number of Respondents: Description: Section 3102 requires an Estimated Number of Respondents/ 3,000. employee who receives tips subject to Recordkeepers: 100,000. Estimated Burden Hours Per Social Security and Medicare tax to Estimated Burden Hours Per Respondent: 3 hours, 13 minutes. compute tax due on these tips if the Respondent/Recordkeeper: Frequency of Response: On occasion. employee did not report them to his or Recordkeeping—10 hr., 17 min. Estimated Total Reporting Burden: her employer. The data is used to help Learning about the law or the form— 9,633 hours. verify that the Social Security and 2 hr., 33 min. OMB Number: 1545–1542. Medicare tax on tip income is correctly Preparing the form—3 hr., 46 min. Form Number: IRS Form 8482. computed. Copying, assembling and sending the Type of Review: Extension. Respondents: Individuals or form to the IRS—16 min. Title: Magnetic Tape of Federal Tax households. Frequency of Response: Annually. Deposits. Estimated Number of Respondents/ Estimated Total Reporting/ Description: This form is used to Recordkeepers: 76,000. Recordkeeping Burden: 1,686,000 hours. transmit Federal Tax Deposit payment Estimated Burden Hours Per OMB Number: 1545–0998. information on magnetic tape from Respondent/Recordkeeper: Form Number: IRS Form 8615. authorized reporting agents and/or Recordkeeping—26 min. Type of Review: Extension. fiduciaries to the IRS Service Centers. Learning about the law or the form— Title: Tax on Children Under Age 14 Respondents: Business or other for- 7 min. Who Have Investment Income of More profit. Preparing the form—21 min. Than $1,300. Estimated Number of Respondents: Copying, assembling, and sending the Description: Under section 1(g), 14,000. form to the IRS—17 min. children under age 14 who have Estimated Burden Hours Per Frequency of Response: Annually. unearned income may be taxed on part Respondent: 3 minutes. Estimated Total Reporting/ of that income at their parent’s tax rate. Frequency of Response: On occasion. Recordkeeping Burden: 90,440 hours. Form 8615 is used to see if any of the Estimated Total Reporting Burden: OMB Number: 1545–0228. child’s unearned income is taxed at the 700 hours. Form Number: IRS Form 6252. parent’s rate and, if so, to figure the Clearance Officer: Garrick Shear (202) Type of Review: Extension. child’s tax on his or her unearned 622–3869, Internal Revenue Service, Title: Installment Sale Income. income and earned income, if any. Room 5571, 1111 Constitution Avenue, Description: Information is needed to Respondents: Individuals or NW, Washington, DC 20224. figure and report an installment sale for households. OMB Reviewer: Alexander T. Hunt a casual or incidental sale of personal Estimated Number of Respondents/ (202) 395–7860, Office of Management property, and a sale of real property by Recordkeepers: 500,000. Estimated Burden Hours Per and Budget, Room 10226, New someone not in the business of selling Respondent/Recordkeeper: Executive Office Building, Washington, real estate. Data is used to determine Recordkeeping—13 min. DC 20503. whether the installment sale has been Learning about the law or the form— Lois K. Holland, properly reported and the correct Departmental Reports, Management Officer. 13 min. amount of profit is included in income Preparing the form—45 min. [FR Doc. 97–19713 Filed 7–25–97; 8:45 am] on the taxpayer’s return. Copying, assembling, and sending the BILLING CODE 4830±01±P Respondents: Business or other for- form to the IRS—17 min. profit, Individuals or households, Not- Frequency of Response: Annually. for-profit institutions, Farms. Estimated Total Reporting/ DEPARTMENT OF THE TREASURY Estimated Number of Respondents/ Recordkeeping Burden: 735,000 hours. Recordkeepers: 782,848. OMB Number: 1545–1035. Submission to OMB for Review; Estimated Burden Hours Per Comment Request Form Number: IRS Form 8611. Respondent/Recordkeeper: Type of Review: Extension. July 22, 1997. Recordkeeping—1 hr., 25 min. Title: Recapture of Low-Income The Department of Treasury has Learning about the law or the form— Housing Credit. submitted the following public 40 min. Description: Internal Revenue Code information collection requirement(s) to Preparing the form—56 min. (IRC) section 42 permits owners of OMB for review and clearance under the Copying, assembling and sending the residential rental projects providing Paperwork Reduction Act of 1995, form to the IRS—20 min. low-income housing to claim a credit Public Law 104–13. Copies of the Frequency of Response: Annually. against their income tax. If the property submission(s) may be obtained by Estimated Total Reporting/ is disposed of or it fails to meet certain calling the Treasury Bureau Clearance Recordkeeping Burden: 2,630,369 hours. requirements over a 15-year compliance Officer listed. Comments regarding this OMB Number: 1545–0644. period and a bond is not posted, the information collection should be Form Number: IRS Form 6781. owner must recapture on Form 8611 addressed to the OMB reviewer listed Type of Review: Extension. part of the credit(s) taken in prior years. and to the Treasury Department Title: Gains and Losses From Section Respondents: Business or other for- Clearance Officer, Department of the 1256 Contracts and Straddles. profit, Individuals or households. Treasury, Room 2110, 1425 New York Description: Form 6781 is used by Estimated Number of Respondents/ Avenue, NW., Washington, DC 20220. taxpayers in computing their gains and Recordkeepers: 1,200. losses from Section 1256 Contracts and Estimated Burden Hours Per Internal Revenue Service (IRS) Straddles and their special tax Respondent/Recordkeeper: OMB Number: 1545–0059. treatment. The data is used to verify that Recordkeeping—6 hr., 56 min. Form Number: IRS Form 4137. the tax reported accurately reflects any Learning about the law or the form— Type of Review: Extension. such gains and losses. 1 hr., 12 min. Title: Social Security and Medicare Respondents: Business or other for- Preparing and sending the form to the Tax on Unreported Tip Income. profit, Individuals or households. IRS—1 hr., 22 min. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40401
Frequency of Response: On occasion. authorize the payment of a death Public Law 104–13 (44 U.S.C. Estimated Total Reporting/ gratuity, and to determine, in any 3506(c)(2)(A)). Currently, the IRS is Recordkeeping Burden: 10,459 hours. particular case, who is the decedent’s soliciting comments concerning Form Clearance Officer: Garrick Shear (202) personal representative rests with the 8853, Medical Savings Accounts and 622–3869, Internal Revenue Service, bureau head and the Inspector General Long-Term Care Services and Contracts. Room 5571, 1111 Constitution Avenue, for their respective organizations. These DATES: Written comments should be NW, Washington, DC 20224. officials may be guided with respect to received on or before September 26, OMB Reviewer: Alexander T. Hunt the determination of the decedent’s 1997 to be assured of consideration. (202) 395–7860, Office of Management personal representative by: (a) formal ADDRESSES: Direct all written comments and Budget, Room 10226, New designations of executors and to Garrick R. Shear, Internal Revenue Executive Office Building, Washington, administrators made by the decedent, or Service, room 5571, 1111 Constitution DC 20503. by operation of State law; (b) orders of Avenue NW., Washington, DC 20224. Lois K. Holland, precedence governing the payment of a FOR FURTHER INFORMATION CONTACT: Federal employee’s unpaid Departmental Reports, Management Officer. Requests for additional information or compensation, as set forth in Title 5; (c) [FR Doc. 97–19714 Filed 7–25–97; 8:45 am] copies of the form and instructions advice and guidance from the BILLING CODE 4830±01±P should be directed to Martha R. Brinson, Department of Labor; and (d) by any (202) 622–3869, Internal Revenue other factor(s) considered to be relevant. Service, room 5571, 1111 Constitution DEPARTMENT OF THE TREASURY 5. The bureau head and Inspector General shall authorize death gratuity Avenue NW., Washington, DC 20224. [Treasury Order Number 101±21] payments when presented with clear SUPPLEMENTARY INFORMATION: and convincing evidence that an Delegation of Authority To Approve Title: Medical Savings Accounts and employee, in the performance of duty, Death Gratuity Payment Long-Term Care Services and Contracts. sustained an injury on or after August OMB Number: To be assigned later. Dated: July 17, 1997. 2, 1990, which resulted in the Form Number: Form 8853. 1. By virtue of the authority vested in employee’s death. This includes Abstract: This form is used by the Secretary of the Treasury by 31 employees who die after separation individuals to report general U.S.C. 321(b), I hereby delegate the from service if the death is the result of information about their medical savings authority of the Secretary under Section an injury sustained in the line of duty. accounts (MSAs), to figure their MSA 651 of the Treasury, Postal Service, and It does not include employees whose deductions, and to figure their taxable General Government Appropriations death is determined to have resulted distributions from MSAs. The form is Act for Fiscal Year 1997, as enacted in from willful misconduct. Claims for also used to report taxable payments the Omnibus Consolidated payment which, by available evidence, from long-term care (LTC) contracts. Appropriations Act for Fiscal Year 1997 do not clearly and convincingly Current Actions: This is a new (Pub. L. 104–208, 110 Stat. 3009–368– establish entitlement to a death gratuity collection of information. 69) to the heads of bureaus and the payment shall await a Department of Type of Review: New OMB approval. Inspector General to exercise any right Labor determination and the Affected Public: Individuals or or power, make any finding or concurrence of the bureau head and households. determination, or perform any duty or Inspector General in the Department of Estimated Number of Respondents: obligation which the Secretary of the Labor finding. 2,250,000. Treasury is authorized to exercise, make 6. The authority delegated herein may Estimated Time Per Respondent: 1 hr., or perform under Section 651 related to not be redelegated. 43 min. such death gratuity payment. Robert E. Rubin, Estimated Total Annual Burden 2. For purposes of this delegation, the Secretary of the Treasury. Hours: 3,877,500. Deputy Assistant Secretary [FR Doc. 97–19781 Filed 7–25–97; 8:45 am] The following paragraph applies to all (Administration) shall serve as the head BILLING CODE 4810±25±P of the collections of information covered of the bureau for the Departmental by this notice: Offices. An agency may not conduct or 3. The death gratuity shall be in DEPARTMENT OF THE TREASURY sponsor, and a person is not required to addition to other amounts paid and respond to, a collection of information offset only by statutorily mandated Internal Revenue Service unless the collection of information amounts paid by the Department of Proposed Collection; Comment displays a valid OMB control number. Labor under 5 U.S.C. 8133(f), 5 U.S.C. Request for Form 8853 Books or records relating to a collection 8134(a), and, if appropriate, any amount of information must be retained as long paid under Section 312, Pub. L. 103– AGENCY: Internal Revenue Service (IRS), as their contents may become material 332. The amount paid under the above Treasury. in the administration of any internal authorities, plus the death gratuity ACTION: Notice and request for revenue law. Generally, tax returns and payment, may not total more than comments. tax return information are confidential, $10,000. Before paying a death gratuity, as required by 26 U.S.C. 6103. the Department of Labor must be SUMMARY: The Department of the contacted to ascertain the amount of the Treasury, as part of its continuing effort Request for Comments offset. to reduce paperwork and respondent Comments submitted in response to 4. Each death gratuity payment burden, invites the general public and this notice will be summarized and/or recommendation must be submitted to other Federal agencies to take this included in the request for OMB the bureau chief counsel for review, and opportunity to comment on proposed approval. All comments will become a must be approved by the head of the and/or continuing information matter of public record. Comments are bureau, or the Inspector General. collections, as required by the invited on: (a) Whether the collection of Complete and final authority to Paperwork Reduction Act of 1995, information is necessary for the proper 40402 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices performance of the functions of the Abstract: If a taxpayer inquires about DEPARTMENT OF THE TREASURY agency, including whether the not receiving a refund and no return is information shall have practical utility; found, this letter is sent requesting the Office of Thrift Supervision (b) the accuracy of the agency’s estimate taxpayer to file another return. The of the burden of the collection of taxpayer must complete an affidavit Submission for OMB Review; information; (c) ways to enhance the stating that if they receive a second Comment Request quality, utility, and clarity of the refund check, it will be returned to the July 22, 1997. information to be collected; (d) ways to IRS. minimize the burden of the collection of Current Actions: There are no changes The Office of Thrift Supervision information on respondents, including being made to the form at this time. (OTS) has submitted the following public information collection through the use of automated collection Type of Review: Extension of a requirement(s) to OMB for review and techniques or other forms of information currently approved collection. clearance under the Paperwork technology; and (e) estimates of capital Affected Public: Individuals or or start-up costs and costs of operation, Reduction Act of 1995, Pub. L. 104–13. households, business or other for-profit Copies of the submission(s) may be maintenance, and purchase of services organizations, and not-for-profit to provide information. obtained by calling the OTS Clearance institutions. Officer listed. Comments regarding this Approved: July 18, 1997. Estimated Number of Respondents: information collection should be Garrick R. Shear, 18,223. addressed to the OMB reviewer listed IRS Reports Clearance Officer. Estimated Time Per Respondent: 5 and to the OTS Clearance Officer, Office [FR Doc. 97–19701 Filed 7–25–97; 8:45 am] minutes. of Thrift Supervision, 1700 G Street, BILLING CODE 4830±01±U Estimated Total Annual Burden NW., Washington, D.C. 20552. Hours: 1,513. Dates: Written comments should be The following paragraph applies to all DEPARTMENT OF THE TREASURY received on or before August 27, 1997 of the collections of information covered to be assured of consideration. by this notice: Internal Revenue Service An agency may not conduct or OMB Number: 1550–0025. Form Number: OTS Forms 1584, Proposed Collection; Comment sponsor, and a person is not required to 1585, 1589. Request For Letter 109C respond to, a collection of information unless the collection of information Type of Review: Extension of an AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. already approved collection. Treasury. Books or records relating to a collection Title: Purchase of Branch Office(s) ACTION: Notice and request for of information must be retained as long and/or Transfer of Assets/Liabilities. comments. as their contents may become material in the administration of any internal Description: Information provided to SUMMARY: The Department of the revenue law. Generally, tax returns and the OTS is evaluated to determine Treasury, as part of its continuing effort tax return information are confidential, whether the proposed assumption of to reduce paperwork and respondent as required by 26 U.S.C. 6103. liabilities and/or transfer of asset burden, invites the general public and transactions complies with applicable other Federal agencies to take this Request for Comments laws, regulations and policy and will opportunity to comment on proposed Comments submitted in response to not have an adverse effect on the and/or continuing information this notice will be summarized and/or Savings Association Insurance Fund. collections, as required by the included in the request for OMB Respondents: Savings and Loan Paperwork Reduction Act of 1995, Pub. approval. All comments will become a Associations and Savings Banks L. 104–13 (44 U.S.C. 3506(c)(2)(A)). matter of public record. Comments are Holding Companies. Currently, the IRS is soliciting invited on: (a) Whether the collection of Estimated Number of Respondents: comments concerning Letter 109C, information is necessary for the proper 127. Return Requesting Refund Unlocatable performance of the functions of the or Not Filed; Send Copy. Estimated Burden Hours Per agency, including whether the Respondent: 1 hour on average. DATES: Written comments should be information shall have practical utility; received on or before September 26, (b) the accuracy of the agency’s estimate Frequency of Response: 1 per 1997 to be assured of consideration. of the burden of the collection of application. ADDRESSES: Direct all written comments information; (c) ways to enhance the Estimated Total Respondents Burden: to Garrick R. Shear, Internal Revenue quality, utility, and clarity of the 140 hours. Service, room 5571, 1111 Constitution information to be collected; (d) ways to Clearance Officer: Colleen M. Devine, Avenue NW., Washington, DC 20224. minimize the burden of the collection of (202) 906–6025, Office of Thrift FOR FURTHER INFORMATION CONTACT: information on respondents, including Supervision, 1700 G Street, NW., Requests for additional information or through the use of automated collection Washington, D.C. 20552. copies of the information collection techniques or other forms of information OMB Reviewer: Alexander Hunt, (202) should be directed to Carol Savage, technology; and (e) estimates of capital 395–7860, Office of Management and (202) 622–3945, Internal Revenue or start-up costs and costs of operation, Budget, Room 10226, New Executive Service, room 5569, 1111 Constitution maintenance, and purchase of services Office Building, Washington, D.C. Avenue NW., Washington, DC 20224. to provide information. 20503. SUPPLEMENTARY INFORMATION: Approved: July 22, 1997. Catherine C.M. Teti, Title: Return Requesting Refund Garrick R. Shear, Director, Records Management and Unlocatable or Not Filed; Send Copy. IRS Reports Clearance Officer. Information Policy. OMB Number: 1545–0393. [FR Doc. 97–19703 Filed 7–25–97; 8:45 am] [FR Doc. 97–19715 Filed 7–25–97; 8:45 am] Form Number: Letter 109C. BILLING CODE 4830±01±U BILLING CODE 6720±01±P Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Notices 40403
DEPARTMENT OF THE TREASURY OMB Reviewer: Alexander Hunt, (202) Estimated Burden Hours Per 395–7860, Office of Management and Respondent: 15.5 hours on average. Office of Thrift Supervision Budget, Room 10226, New Executive Frequency of Response: 11. Office Building, Washington, DC 20503. Estimated Total Respondents Burden: Submission for OMB Review; Catherine C. M. Teti, 170 hours. Comment Request Director, Records Management and Clearance Officer: Colleen M. Devine, July 21, 1997. Information Policy. (202) 906–6025, Office of Thrift The Office of Thrift Supervision [FR Doc. 97–19716 Filed 7–25–97; 8:45 am] Supervision, 1700 Street, N.W., (OTS) has submitted the following BILLING CODE 6720±01±P Washington, D.C. 20552. public information collection OMB Reviewer: Alexander Hunt, (202) requirement(s) to OMB for review and 395–7860, Office of Management and clearance under the Paperwork DEPARTMENT OF THE TREASURY Budget, Room 10226 New Executive Reduction Act of 1995, Public Law 104– Office Building, Washington, D.C. Office of Thrift Supervision 13. Copies of the submission(s) may be 20503. Catherine C.M. Teti, obtained by calling the OTS Clearance Submission for OMB Review; Director, Records Management and Officer listed. Comments regarding this Comment Request information collection should be Information Policy. addressed to the OMB reviewer listed July 22, 1997. [FR Doc. 97–19717 Filed 7–25–97; 8:45 am] and to the OTS Clearance Officer, Office The Office of Thrift Supervision BILLING CODE 6720±01±M of Thrift Supervision, 1700 G Street, (OTS) has submitted the following NW., Washington, DC 20552. public information collection Dates: Written comments should be requirement(s) to OMB for review and UNITED STATES ENRICHMENT received on or before August 27, 1997 clearance under the Paperwork CORPORATION to be assured of consideration. Reduction Act of 1995 Public Law 104– OMB Number: 1550–0060. 13. Copies of the submission(s) may be Sunshine Act Meeting Form Number: OTS Form H–(b)11. obtained by calling the OTS Clearance AGENCY: United States Enrichment Type of Review: Extension of an Officer listed. Comments regarding this Corporation Board of Directors. already approved collection. information collection should be Title: Savings Association Holding addressed to the OMB reviewer listed TIME AND DATE: 8:00 a.m., Wednesday, Company Report H–(b)11. and to the OTS Clearance Officer, Office July 20, 1997. Description: The H–(b)11 report is of Thrift Supervision, 1700 G Street, PLACE: USEC Corporate Headquarters, used to determine whether a savings N.W., Washington, D.C. 20552. 6903 Rockledge Drive, Bethesda, association holding company is Dates: Written comments should be Maryland 20817. adhering to the statutes, regulations and received on or before August 27, 1997 STATUS: conditions of approval to acquire an Part of this meeting will be to be assured of consideration. insured institution and whether any of open to the public. The balance of the OMB Number: 1550–0084. the company’s activities are injurious to meeting will be closed. Form Number: OTS Form 1586–A and the operation of any subsidiary savings MATTERS TO BE CONSIDERED: association. 1586–I. Respondents: Savings and Loan Type of Review: Extension of an PORTION OPEN Associations and Savings Banks already approved collection. • Chairman’s Award Presentation Holding Companies. Title: Instructions for Filing Out the PORTIONS CLOSED Estimated Number of Respondents: Interest-Rate Risk Appeals Submissions. 743. Description: The two forms give • Review of commercial, operational Estimated Burden Hours Per savings association an opportunity to and financial issues of the Corporation. Respondent: 62 hours average. appeal their interest-rate risk CONTACT PERSON FOR MORE INFORMATION: Frequency of Response: 4. component, which is determined by the Barbara Arnold, 301–564–3354. Estimated Total Respondents Burden: Office of Thrift Supervision’s interest- 46,066 hours. rate risk model. Dated: July 23, 1997. Clearance Officer: Colleen M. Devine, Respondents: Savings and Loan William H. Timbers, Jr., (202) 906–6025, Office of Thrift Associations and Savings Banks President and Chief Executive Officer. Supervision, 1700 Street, NW., Holding Companies. [FR Doc. 97–19896 Filed 7–24–97; 10:54 am] Washington, DC 20552. Estimated Number of Respondents: 6. BILLING CODE 8720±01±M federal register July 28,1997 Monday Material; ProposedRules Employees' CompensationClaimsFile Use andDisclosureofFederal Privacy Actof1974;Implementationand 29 CFRParts70aand71 20 CFRPart10 Program Office oftheWorker'sCompensation Office oftheSecretary Department ofLabor Part II 40405 40406 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
DEPARTMENT OF LABOR Below, accordingly, the Department because it meets the criteria of section proposes to revise 29 CFR part 70a, its 3(f)(4)of Executive Order 12866 for the Office of the Secretary existing regulations governing following reasons. This proposed rule implementation of the Privacy Act, by raises certain novel legal and policy 29 CFR Parts 70a and 71 inserting in lieu thereof a new issues arising out of legal mandates, the RIN: 1290±AA16 regulatory scheme set forth at 29 CFR President’s priorities, and principles set part 71 which reflects the current state forth in the Execuitve Order. Protection of Individual Privacy In of the law. At this time the Department Accordingly, because the proposal Records is withdrawing its September 12, 1984 meets the criteria of section 3(f)(4) of the AGENCY: Office of the Secretary, Labor. proposal published at 49 FR 35800 to Executive Order, and because the Office amend 29 CFR part 70a. That proposal ACTION: Notice of proposed rulemaking. of Management and Budget (OMB) has been obviated by this proposal. performs a special role under the SUMMARY: The Department of Labor Discussion Privacy Act, pursuant to the statute and proposes to revise its existing as specified by OMB Circular A–130, regulations governing the conduct of A. The major effect of this proposal is this document has been submitted to Departmental employees and members to add thirty-five systems of records to OMB. of the public as it pertains to the the exempt category. The current It should be noted that the proposal treatment of records covered by the regulations were originally published in does not require an assessment of Privacy Act of 1974, 5 U.S.C. 552a, as 1977, and set forth only four systems of anticipated monetary costs because the amended. The existing regulations were records as being exempt from access. proposal will not have an annual promulgated shortly after the Privacy During the past twenty years numerous monetary effect on the economy of $100 Act was enacted almost 20 years ago additional systems of records have been million or more, nor will it adversely and are in need of revision. In their established. Thirty-five of these affect the economy in any material way. place new regulations are being additional systems are investigative This conclusion is based upon the fact proposed. The intent of the proposed systems, and accordingly, should be that this proposed rule addresses access regulations is to conform Labor exempt from certain requirements of the Department requirements with the Privacy Act, by virtue of either to records and related matters, and caselaw which evolved under the subsection (j)(2) , (k)(2) or (k)(5) of Title clearly does not affect the economy in Privacy Act over the past years and to 5 of section 552a. a material fashion. provide clarity. B. The proposed regulation, in Regulatory Flexibility Act DATES: Comments must be received contrast to the existing regulation, is before September 26, 1997. divided into two subparts. Subpart A is This proposed rule, if promulgated in final, will address access to records and ADDRESS: Comments should be mailed entitled ‘‘General’’, and sets forth related matters. The Privacy Act records to Robert A. Shapiro, Associate Solicitor procedures. Subpart B contains the for Legislation and Legal Counsel, Office exemptions from access, and provides that are maintained by the Department of the Solicitor, U.S. Department of justification for the exemptions. The of Labor relate to individuals rather than Labor, Room N–2428, 200 Constitution proposal is much more detailed and small, or even large business or other Avenue, NW., Washington, DC 20210– more instructive to the public than is types of entities. For the vast majority of 0002. the existing rule. instances, these records do not relate to sole proprietorships. In view of the FOR FURTHER INFORMATION CONTACT: C. The existing rule places the listing above facts, the Secretary of Labor Miriam McD. Miller, Co-Counsel for of the disclosure officers within the hereby certifies that this proposed rule, Administrative Law, telephone (202) body of the rule. The proposal places if promulgated in final, will not have a 219–8188. them in an appendix at the end of the rule. This structure is more readable for ‘‘significant economic impact on a SUPPLEMENTARY INFORMATION: The the public. substantial number of small entities’’. proposed regulations address access to D. The proposal, in contrast to the Therefore, a regulatory flexibility records, records in exempt systems of existing regulations, sets forth two analysis under the Regulatory records, fees, appeals from denials of government-wide systems. These Flexibility Act (5 U.S.C. 605(b)) is not access, requests for correction or systems are DOL/GOVT–1, which is the required. The Secretary of Labor has amendment of records, records not Office of Workers’ Compensation certified to this effect to the Chief subject to correction or amendment, Programs, Federal Employees’ Counsel for Advocacy of the Small requests for accounting of disclosure of Compensation Act File, and DOL/ Business Administration. records, emergency disclosures, security GOVT–2, Job Corps Student Records. of systems of records, use and collection Unfunded Mandates Reform This means that these systems of of social security numbers and taxpayer records are maintained by and are under identifying numbers, and employee Executive Order 12875—This the control of the Department of Labor, standards of conduct. Each of these proposed rule, if promulgated in final, even though custody may be at the subjects is comprehensively addressed will not create an unfunded Federal employing agency. Finally, the proposal in a separate section. mandate upon any State, local or tribal This proposed rule correlates with the increases the fees for photocopying from government. Department’s earlier publication, in full, $.10 to $.15 per page, and it raises the Unfunded Mandates Reform Act of of all current systems of records. On minimum payment to $15.00. 1995—This proposed rule, if September 23, 1993, in 58 FR 49548, the Regulatory Procedures promulgated in final, will not include Department published 137 systems of any Federal mandate that may result in records, as well as various proposed Executive Order 12866 increased expenditures by State, local, routine uses. On December 13, 1993, The proposed rule constitutes a and tribal governments, in the aggregate, those proposed systems became final ‘‘significant regulatory action’’ within of $100 million or more, or in increased and effective. This document proposes the meaning of Executive Order 12866 expenditures by the private sector of to exempt thirty-nine of those systems. of September 30, 1993 (58 FR 51735), $100 million or more. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40407
Paperwork Reduction Act retrieved by an individual’s name or be referred to the OWCP for review and This rule is not subject to section personal identifier. These regulations decision. 3504(h) of the Paperwork Reduction Act set forth the procedures by which an (2) For the government-wide system since it does not contain a collection of individual may seek access under the of records entitled DOL/GOVT–2 (Job information requirement. Privacy Act to records pertaining to Corps Student Records), a system him, may request correction or maintained by and under the control of List of Subjects In 29 CFR Parts 70a and amendment of such records, or may the Employment and Training 71 seek an accounting of disclosures of Administration, the regulations of this Privacy. such records by the Department. These Department shall govern, including the For the reasons set out in the regulations are applicable to each procedure for requesting access to, or preamble, part 70a of subtitle A of title component of the Department. amendment of the records, as well as 29 of the Code of Federal Regulations is (b) Government-wide systems of appeals therefrom, shall govern. proposed to be redesignated as part 71 records (1) DOL/GOVT–1 (Office of (c) Definitions. As used in this Workers’ Compensation Programs, and revised to read as follows: subpart, the following terms shall have Federal Employees’ Compensation Act the following meanings: PART 70aÐ[REDESIGNATED AS PART File): (1) Agency has the meaning set forth 71 AND REVISED] (i) All records, including claim forms, in 5 U.S.C. 552(f). medical, investigative and other reports, (2) Component means each separate PART 71ÐPROTECTION OF statements of witnesses, and other agency, bureau, office, board, division, INDIVIDUAL PRIVACY AND ACCESS papers relating to claims for commission, service, or administration TO RECORDS UNDER THE PRIVACY compensation filed under the Federal of the Department of Labor, as well as ACT OF 1974 Employees’ Compensation Act (as each agency which possesses records amended and extended), are covered by Subpart AÐGENERAL covered by a DOL government-wide the government-wide system of records system of records. Sec. entitled DOL/GOVT–1. This system is (3) Individual Data Subject means the 71.1 General provisions. maintained by and under the control of individual by whose name or identifier 71.2 Request for access to records. the Employment Standards the subject record is retrieved. 71.3 Responses by components to requests Administration’s Office of Workers’ (4) Record means any item, collection, for access to records. Compensation Programs (OWCP), and, 71.4 Form and content of component or grouping of information about an as such, all records contained in the responses. individual which is maintained by any 71.5 Access to records. OWCP claims file, as well as all copies of such documents retained and/or component within a system of records 71.6 Fees for access to records. and which contains the individual’s 71.7 Appeals from denials of access. maintained by the injured worker’s 71.8 Preservation of records. employing agency, are official records of name, identifying number, symbol, or 71.9 Requests for correction or amendment the OWCP. other identifying particular assigned to of records. (ii) The protection, release, inspection the individual, such as a fingerprint, 71.10 Certain records not subject to and copying of records covered by DOL/ voiceprint, or photograph. correction. GOVT–1 shall be accomplished in (5) Requester means an individual 71.11 Emergency disclosures. accordance with the rules, guidelines who makes either a request for access, 71.12 Use and collection of social security and provisions of this part, as well as a request for correction or amendment, numbers. or a request for an accounting. 71.13 Employee standards of conduct. with part 70 of this subtitle, and with 71.14 Use of nonpublic information. the notice of the systems of records and (6) Routine use has the meaning set 71.15 Training. routine uses published in the Federal forth in 5 U.S.C. 552a(7). Register. All questions relating to (7) Statistical record has the meaning Subpart BÐ-Exemption of Records set forth in 5 U.S.C. 552a(6). Systems Under the Privacy Act access/disclosure, and/or the amendment of FECA records (8) System of records means a group Sec. maintained by the OWCP or an of any records under the control of the 71.50 General exemptions pursuant to employing agency, are to be resolved in Department or any component from subsection (j) of the Privacy Act. which information is retrieved by the 71.51 Specific exemptions pursuant to accordance with this part. subsection (k)(2) of the Privacy Act. (iii)(A) While an employing agency name of an individual or by some 71.52 Specific exemptions pursuant to may establish procedures that an identifying number, symbol, or other subsection (k)(5) of the Privacy Act. injured employee or beneficiary should identifying particular assigned to that follow in requesting access to individual. Appendix A to Part 71—Responsible (9) Under the control of means those Officials documents it maintains, any decision issued in response to such a request official records for which the agency is Authority: 5 U.S.C. 301; 5 U.S.C. 552a as must comply with the rules and offically responsible and either has in amended; Reorganization Plan No. 6 of 1950, its possession or exercises dominion 5 U.S.C. Appendix. regulations of the Department of Labor. (B) Any administrative appeal taken over. This excludes those records Subpart AÐGeneral from a denial issued by the employing which, although in the physical agency shall be filed with the Solicitor possession of agency employees and § 71.1 General provisions. of Labor in accordance with §§ 71.7 and used by them in performing official (a) Purpose and scope. This part 71.9 of this part. functions, are not, in fact, agency contains the regulations of the U.S. (iv) No agency other than the OWCP records. Uncirculated personal notes, Department of Labor implementing the has authority to issue determinations in papers and records which are retained Privacy Act of 1974, 5 U.S.C. 552a. The response to requests for the correction or discarded at the author’s discretion regulations apply to all records which or amendment of records contained in and over which the agency exercises no are contained in systems of records or covered by DOL/GOVT–1. Any dominion or control (e.g., personal maintained by, or under the control of, request for correction or amendment telephone list) are not agency records the Department of Labor and which are received by an employing agency must for purposes of this part. 40408 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
(10) He, his, and him include she, photographic identification, such as a to the appropriate component which has hers and her. passport, an identification badge or a the record and that component has driver’s license which contains the received the request. When the § 71.2 Requests for access to records. photograph of the requester. If a component receives an improperly (a) Procedure for making requests for requester is unable to produce a form of addressed request, it shall notify the access to records. An individual, or photographic identification, he may requester of the date on which it legal representative acting on his behalf, provide to the component two or more received the request. Accordingly, a may request access to a record about acceptable forms of identification request for access shall be deemed himself by appearing in person or by bearing his name and address. In all received on the date that it is received writing to the component that maintains cases, sufficient identification must be in the appropriate component. the record. (See appendix A to this part presented to confirm that the requester (d) Date for determining responsive which lists the components of the is the individual data subject. records. In determining the extent to Department of Labor and their (e) Verification of guardianship. The which records are responsive to a addresses.) A requester in need of parent, guardian, or representative of a request for access, a component guidance in defining his request may minor or the guardian or representative ordinarily will include only those write to the Assistant Secretary for of a person judicially determined to be records within the component’s Administration and Management, U.S. incompetent who submits a request for possession and control as of the date of Department of Labor, 200 Constitution access to the records of the minor or its receipt of the request. Avenue, NW., Washington, DC 20210– incompetent must establish: (e) First party requests. A request for 0002. A request should be addressed to (1) His identity, as required in access by the individual data subject for the component that maintains the paragraph (d) of this section, his or her own records shall be requested record. Both the envelope and (2) That the requester is the parent, processed both under the Freedom of the request itself should be marked: guardian, or representative of the Information Act(FOIA) and the Privacy ‘‘Privacy Act Request.’’ subject of the record, which may be Act(PA). (b) Description of records sought. A proved by providing a copy of the request for access to records must subject’s birth certificate showing § 71.4 Form and content of component responses. describe the records sought in sufficient parentage or by providing a court order detail to enable Department personnel establishing the guardianship, and (a) Form of notice granting request for to locate the system of records (3) That he seeks to act on behalf of access. A request by the individual data containing the record with a reasonable the subject of the record. subject for access to his or her own amount of effort. Whenever possible, a (f) The disclosure officer may waive records shall not be denied unless both request for access should describe the the requirements set forth in paragraphs a Privacy Act exemption and a Freedom nature of the record sought, the date of (d)and (e) of this section when he deems of Information Act exemption apply to the record or the period in which the such action to be appropriate, and may the requested records. A component record was compiled, and the name or substitute in lieu thereof, other shall make a determination within 30 identifying number of the system of reasonable means of identification. days to grant or deny a request for records in which the requester believes access in whole or in part. If the request the record is kept. § 71.3 Responses by components to is granted in whole, the component (c) Agreement to pay fees. The filing requests for access to records. shall so notify the requester in writing. of a request for access to a record under (a) In general. Except as otherwise The notice shall describe the manner in this subpart shall be deemed to provided in this section, the component which access to the record will be constitute an agreement to pay all that: granted and shall inform the requester applicable fees charged under § 71.6 up (1) First receives a request for access of any fees to be charged in accordance to $25.00. The component responsible to a record, and with § 71.6. for responding to the request shall (2) Has possession of the requested (b) Form of notice denying request for confirm this agreement in its letter of record is the component ordinarily access. A component denying a request acknowledgement to the requester. responsible for responding to the for access in whole or in part shall so When filing a request, a requester may request. notify the requester in writing. The specify a willingness to pay a greater (b) Authority to grant or deny notice, signed by the responsible agency amount, if applicable. requests. The head of a component, or official, shall include: (d) Verification of identity. Any his designee (i.e. disclosure officer), is (1) The name and title or position of individual who submits a request for authorized to make an initial grant or the person responsible for the denial; access to records must verify his denial of any request for access to a (2) A brief statement of the reason or identity in one of the following ways: record in the possession of that reasons for the denial, including the (1) Any requester making a request in component. Privacy Act and FOIA exemption or writing must state in his request his full (c) Processing of requests for access exemptions which the component has name, and current address. In addition, not properly addressed. A request for relied upon in denying the request; and a requester must provide with his access that is not properly addressed as (3) A statement that the denial may be request an example of his signature, specified in § 71.2 shall be forwarded to appealed under § 71.7(a), and a which shall be notarized, or signed as the Assistant Secretary for description of the requirements of that an unsworn declaration under penalty Administration and Management, who paragraph. of perjury, pursuant to 28 U.S.C. 1746. shall forward the request to the (c) Record cannot be located. If no In order to facilitate the identification of appropriate component or components records are found which are responsive the requested records, a requester may for processing. A request not addressed to the request, the component shall so also include in his request his Social to the appropriate component will be notify the requester in writing. Such Security number. deemed not to have been received by notification by the component shall (2) Any requester submitting a request the Department until the Assistant inform the requester that, if the in person may provide to the Secretary for Administration and requester considers this response to be component a form of official Management has forwarded the request a denial of their request, the requester Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40409 has a right to appeal to the Solicitor of $15.00. Notwithstanding any other Labor shall be made in writing, Labor, within ninety days, as set forth provision of this paragraph, the first addressed to the Solicitor of Labor, U.S. in § 71.7. copy of an individual’s Privacy Act Department of Labor, 200 Constitution (d) Medical records. When an record shall be provided to the Avenue, NW, Washington, DC 20210– individual requests medical records individual at no cost. 0002. Both the envelope and the letter concerning himself, which are not (b) Notice of estimated fees of appeal itself must be clearly marked: otherwise exempt from disclosure, the amounting to between $25 to $250. ‘‘Privacy Act Appeal.’’ An appeal not so disclosure officer shall, if deemed When a component determines or addressed and marked shall be necessary because of possible harm to estimates that the fees to be charged forwarded to the Office of the Solicitor the individual, advise the individual under this section may amount to as soon as it is identified as an appeal that the Department of Labor believes between $25 to $250, the component under the Privacy Act. An appeal that that the records should be provided to shall notify the requester as soon as is improperly addressed shall be a physician designated in writing by the practicable of the actual or estimated deemed not to have been received by individual. In addition, the Department amount of the fee, unless the requester the Department until the Office of the shall request the individual to designate has indicated in advance his willingness Solicitor receives the appeal. such a physician. Upon receipt of the to pay a fee as high as that anticipated. (b) Form of action on appeal. The designation, the disclosure officer will (c) Notice of estimated fees in excess disposition of an appeal shall be in permit the physician to review the of $250. When a component determines writing. A written decision affirming in records or to receive copies of the or estimates that the fees to be charged whole or in part the denial of a request records by mail, upon proper under this section may amount to more for access shall include a brief statement verification of identity. than $250, the component shall notify of the reason or reasons for the the requester as soon as practicable of affirmation, including each Privacy Act § 71.5 Access to records. the actual or estimated amount of the and FOIA exemption relied upon and its (a) Manner of access. A component fee, unless the requester has indicated relation to each record withheld, and a that has made a determination to grant in advance his willingness to pay a fee statement that judicial review of the a request for access shall grant the as high as that estimated. If the fee is denial is available in the U.S. District requester access to the requested record estimated to be in excess of $250, then Court for the judicial district in which either by: Providing the requester with the agency may require payment in the requester resides or has his principal a copy of the record, or making the advance. (If only a portion of the fee can place of business, the judicial district in record available for inspection by the be estimated readily, the component which the requested records are located, requester at a reasonable time and place. shall advise the requester that the or the District of Columbia. If the denial The component shall charge the estimated fee may be only a portion of of a request for access is reversed on requester only duplication costs in the total fee.) Where the estimated fee appeal, the requester shall be so notified accordance with the provisions of exceeds $250 and a component has so and the request shall be processed § 71.6. If a component provides access notified the requester, the component promptly in accordance with the to a record by making the record will be deemed not to have received the decision on appeal. available for inspection by the requester, request for access to records until the (c) Delegation of Authority by the the manner of such inspection shall not requester has paid the anticipated fee, in Solicitor of Labor. The Solicitor of Labor unreasonably disrupt the operations of full or in part. A notice to a requester is authorized to delegate his authority to the component. pursuant to this paragraph shall offer decide appeals from any and all denials (b) Accompanying person. A requester him the opportunity to confer with of access to other senior attorneys appearing in person to review his own Department personnel with the object of within the Office of the Solicitor. records may be accompanied by another reformulating his request to meet his individual of his own choosing. The needs at a lower cost. § 71.8 Preservation of records. requester shall provide the Department (d) Form of payment. Requesters must Each component shall preserve all with his or her written consent to pay fees by cash, check or money order correspondence relating to the requests disclose the record to the accompanying payable to either the Treasury of the it receives under this subpart, and all person. United States, or the U.S. Department of records processed pursuant to such Labor. However, the Department shall requests, until such time as the § 71.6 Fees for access to records. not require advance payment in any destruction of such correspondence and (a) When charged. A component shall case where the fee is under $250, except records is authorized pursuant to title charge fees pursuant to 31 U.S.C. 9701 that where a requester has previously 44 of the U.S. Code and record and 5 U.S.C. 552a(f)(5) for the copying failed to pay a fee charged under this schedules approved by the National of records unless the component, in its part, the requester must pay the Archives and Records Administration, discretion, waives or reduces the fees component or the Department the full and otherwise in accordance with for good cause shown. A component amount owed and make an advance retention requirements as published in shall charge fees at the rate of $0.15 per deposit of the full amount of any the agency’s system of records. Under page. In accordance with the provisions estimated fee before a component shall no circumstances shall records be of the Freedom of Information Act, the be required to process a new or pending destroyed while they are the subject of first 100 pages of copying shall be request for access from that requester. a pending request for access, appeal, or furnished without charge. For materials lawsuit under the Act. other than paper copies, the component § 71.7 Appeals from denials of access. may charge the direct costs of (a) Appeals to the Solicitor of Labor. § 71.9 Request for correction or reproduction, but only if the requester When a component denies in whole or amendment of records. has been notified of such costs before in part a request for access to records, (a) How made. An individual may they are incurred. Fees shall not be the requester may appeal the denial to submit a request for correction or charged where they would amount, in the Solicitor of Labor within 90 days of amendment of a record pertaining to the aggregate, for one request or for a his receipt of the notice denying his him. The request must be in writing and series of related requests, to less than request. An appeal to the Solicitor of must be addressed to the component 40410 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules that maintains the record. (Appendix A (2) If the denial is reversed on appeal, § 71.11 Emergency disclosures. of this part lists the components of the the requester shall be so notified and the If the record of an individual has been Department and their addresses.) The request for correction or amendment disclosed to any person under request must identify the particular shall be promptly remanded to the compelling circumstances affecting the record in question, state the correction component that denied the request for health or safety of any person, as or amendment sought, and set forth the processing in accordance with the described in 5 U.S.C. 552a(b)(8), the justification for the change. Both the decision on appeal. individual to whom the record pertains envelope and the request itself must be (e) Delegation of authority by the shall be notified of the disclosure at his clearly marked: ‘‘Privacy Act Solicitor of Labor. The Solicitor of Labor last known address within 10 working Amendment Request.’’ is authorized to delegate his or her days. The notice of such disclosure shall (b) Initial determination. Within 30 authority to decide any and all appeals be in writing and shall state the nature working days of receiving a request for from denials of requests to correct or of the information disclosed, the person correction or amendment, a component amend records to other senior attorneys or agency to whom it was disclosed, the shall notify the requester whether his within the Office of the Solicitor. date of disclosure, and the compelling request will be granted or denied, in (f) Statements of disagreement. A circumstances justifying the disclosure. whole or in part. If the component requester whose request or appeal under The officer who made or authorized the grants the request in whole or in part, this section has been denied shall have disclosure shall be responsible for it shall send the requester a copy of the the right to file a Statement of providing such notification. amended record, in releasable form, as Disagreement with the Solicitor of proof of the change. If the component Labor, U.S. Department of Labor, 200 § 71.12 Use and collection of social security numbers. denies the request in whole or in part, Constitution Avenue, NW, Washington, it shall notify the requester in writing of DC 20210–0002, within 30 days of (a) Each component unit that requests the denial. The notice of denial shall receiving notice of denial. Statements of an individual to disclose his social state the reason or reasons for the denial Disagreement may not exceed one typed security account number shall provide and advise the requester of his right to page per fact disputed. Statements the individual, in writing, with the appeal. exceeding this limit shall be returned to following information: (1) The statute, regulation, Executive (c) Appeals. When a request for the requester for condensation. Upon Order or other authority under which correction or amendment is denied in receipt of a Statement of Disagreement whole or in part, the requester may the number is solicited; under this section, the agency shall (2) Whether the disclosure is appeal the denial to the Solicitor of promptly have the statement included Labor within 90 days of his receipt of mandatory or voluntary; and in the record and shall have the (3) The consequences, if any, to the the notice denying his request. An disputed record marked so as to indicate individual should he or she refuse or appeal to the Solicitor of Labor shall be that a Statement of Disagreement has fail to disclose the number. made in writing, shall set forth the been filed. (b) Neither the Department nor any of specific item of information sought to be (g) Notices of correction or its component units shall, in the corrected or amended, and shall include amendment or disagreement. Within 30 absence of specific federal statutory any documentation said to justify the working days of the correction or authority, deny to an individual any change. An appeal shall be addressed to amendment of a record, the component right, benefit or privilege provided by the Solicitor of Labor, U.S. Department that maintains the record shall advise law solely because of such individual’s of Labor, 200 Constitution Avenue, NW, all components or agencies to which it refusal to disclose his social security Washington, DC 20210–0002. Both the previously disclosed the record that the account number. envelope and the letter of appeal itself record has been amended. Whenever an (c) The head of each component unit must be clearly marked: ‘‘Privacy Act individual has filed a Statement of shall ensure that employees authorized Amendment Appeal.’’ Disagreement, a component shall to collect social security account (d) Determination on appeal. The append a copy of the Statement to the numbers or tax identifying numbers, are Solicitor of Labor shall decide all disputed record whenever the record is aware of the statutory or other basis for appeals from denials of requests to disclosed. The component may also collecting such information, of the uses correct or amend records. All such append to the disputed record a written to which such numbers may be put, and appeals shall be decided within 30 statement giving the component’s of the consequences, if any, that might working days of receipt of the appeal, reasons for denying the request to follow if a person refuses to disclose the unless there is good cause shown to correct or amend the record. requested number. extend this period. The appellant shall be notified if the period for decision has § 71.10 Certain records not subject to § 71.13 Employee standards of conduct. been extended. amendment. (a) Each component shall inform its (1) If the denial of a request is Certain records are not subject to employees of the provisions of the affirmed on appeal, the requester shall correction or amendment. These Privacy Act, including the Act’s civil be so notified in writing and advised of: include, but are not limited to: liability and criminal penalty (i) The reason or reasons the denial (a) Transcripts of testimony given provisions. Each component also shall has been affirmed, under oath or written statements made notify its employees that they have a (ii) The requester’s right to file a under oath; duty to: Statement of Disagreement, as provided (b) Transcripts or decisions of grand (1) Protect the security of records, in paragraph (f) of this section, and jury, administrative, judicial, or quasi- (2) Ensure the accuracy, relevance, (iii) The requester’s right to obtain judicial proceedings which constitute timeliness, and completeness of records, judicial review of the denial in the U.S. the official record of such proceedings; (3) Avoid the unauthorized District Court for the judicial district in (c) Records duly exempted from disclosure, either verbal or written, of which the requester resides or has its correction pursuant to 5 U.S.C. 552a(j) records, and principal place of business, the judicial or 552a(k) by rulemaking promulgated (4) Ensure that the component district in which the record is located, under the Administrative Procedure Act maintains no system of records without or the District of Columbia. (5 U.S.C. 551 et seq.) public notice. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40411
(b) Except to the extent that the using nonpublic information, nor allow enforcement of criminal laws, and they Privacy Act permits such activities, an the improper use of nonpublic contain investigatory material compiled employee of the Department of Labor information to further his own private for criminal law enforcement purposes. shall: interest or that of another, whether Accordingly, these systems of records (1) Not collect information of a through advice or recommendations, or are exempt from the following personal nature from individuals unless by knowing unauthorized disclosure. subsections of 552a of title 5 U.S. Code: the employee is authorized to collect See 5 CFR 2635.703. (c) (3) and (4), (d), (e) (1), (2), and (3), such information to perform a function (2) Nonpublic information is (e)(4) (G), (H), and (1), (e) (5) and (8), (f) or discharge a responsibility of the information that an employee gains by and (g). Department; reason of Federal employment that he (1) DOL/OIG–1 (General Investigative (2) Collect from individuals only that knows or reasonably should know has Files, and Subject Title Index, USDOL/ information which is necessary to the not been made available to the general OIG), a system of records maintained by performance of the functions or to the public. Nonpublic information includes the Office of the Inspector General discharge of the responsibilities of the information contained in a Privacy Act (OIG). Department; system of records which an individual (2) DOL/OIG–2 (Freedom of (3) Collect information about an knew or should have known: Information/Privacy Acts Records), a individual directly from that individual, (i) Is normally exempt from disclosure system of records maintained by the whenever practicable; under Exemptions 6 or 7(C) of the OIG. (4) Inform each individual from Freedom of Information Act, or is (3) DOL/OIG–3 (Case Development whom information is collected of: otherwise protected from disclosure by Records), a system of records (i) The legal authority that authorizes statute, Executive Order or regulation; maintained by the OIG. the Department to collect such (ii) Has not actually been (4) DOL/OIG–5 (Investigative Case information, disseminated to the general public and Tracking Systems/Audit Information (ii) The principal purposes for which is not authorized to be made available Reporting Systems, USDOL/OIG), a the Department intends to use the to the public upon request. system of records maintained by the information, (b) Sanctions. Any DOL employee OIG. (iii) The routine uses the Department who willfully discloses any information (5) DOL/OAW–1 (Investigative Files), may make of the information, and or records from any file that contains a system of records maintained by the (iv) The practical and legal effects individually-identifiable information to Office of the Labor-Management upon the individual of not furnishing any person or agency not entitled to Standards. the information; receive it, and the disclosure of which (6) DOL/MSHA–20 (Civil/Criminal (5) Maintain all records which are is prohibited by the Privacy Act or by Investigations), a system of records used by the agency in making any rules or regulations established maintained by the Mine Safety and determination about any individual thereunder, and who, knowing the Health Administration. with such accuracy, relevance, disclosure of the specific material is so (7) DOL/PWBA–2 (Office of timeliness, and completeness as to prohibited, will be subject to Enforcement Index Cards and ensure fairness to the individual in the disciplinary action, as appropriate. Investigation Files), a system of records determination; (c) Public disclosures by third parties maintained by the Pension and Welfare (6) Maintain no record describing how of DOL Privacy Act records. When Labor Benefits Administration. (b) This exemption applies to the any individual exercises rights Department records subject to the extent that information in these systems guaranteed by the First Amendment to Privacy Act are disclosed to third of records is subject to exemption the United States Constitution, unless: parties, and as a condition of the pursuant to 5 U.S.C. 552a(j)(2). (i) The individual has volunteered disclosure of such records, the person or (c) These systems are exempted for such information for his own benefit, entity to whom the records are the reasons set forth below, from the (ii) A statute expressly authorizes the furnished is expressly prohibited from following subsections of 5 U.S.C. 552a: Department to collect, maintain, use, or further disseminating the information, disseminate the information, or (1) Subsection (c)(3). The release of any further dissemination of the the disclosure accounting would present (iii) The individual’s beliefs, information so furnished to such person activities, or membership are pertinent a serious impediment to law or entity may be subject to the penalties enforcement by permitting the subject of to and within the scope of an authorized set forth in 18 U.S.C. 641. law enforcement activity; an investigation of an actual or potential (7) Notify the head of the component § 71.15 Training. criminal violation to determine whether of the existence or development of any All DOL systems managers, disclosure he is the subject of investigation, or to system of records that has not been officers, and employees with obtain valuable information concerning disclosed to the public; responsibilities under the Privacy Act the nature of that investigation and the (8) Disclose no record to anyone, for shall periodically attend training offered information obtained, or to identify any use, unless authorized by the Act; by the Department on the Privacy Act. witnesses and informants. (9) Maintain and use records with (2) Subsection (c)(4). Since an care to prevent the inadvertent Subpart BÐExemption of Records exemption is being claimed for disclosure of a record to anyone; and Systems Under the Privacy Act subsection (d) of the Act (Access to (10) Notify the head of the component Records), this subsection is inapplicable of any record that contains information § 71.50 General exemptions pursuant to to the extent that these systems of that the Act or the foregoing provisions subsection (j) of the Privacy Act. records are exempted from subsection of this paragraph do not permit the (a) The following systems of records (d). Department to maintain. are eligible for exemption under 5 (3) Subsection (d). Access to records U.S.C. 552a(j)(2) because they are contained in these systems would § 71.14 Use of nonpublic information. maintained by a component of the inform the subject of an actual or (a) Prohibition. (1) An employee shall agency or subcomponent which potential criminal investigation of the not engage in a financial transaction performs as its principal function the existence of that investigation, of the 40412 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules nature and scope of the investigation, of investigation or reveal the identity of influence witnesses improperly, to the information and evidence obtained witnesses or confidential informants. destroy evidence, or to fabricate as to his or her activities, and of the (7) Subsections (e)(4) (G) and (H). testimony. Since an exemption is being identity of witnesses or informants. These subsections are inapplicable to claimed for subsection (d) of the Act Such access would, accordingly, the extent that these systems are exempt (Access to Records) the rules required provide information that could enable from the access provisions of subsection pursuant to subsections (f)(2) through the subject to avoid detection, (d) and the rules provisions of (5) are inapplicable to these systems of apprehension, and prosecution. This subsection (f). records to the extent that these systems result, therefore, would constitute a (8) Subsection (e)(4)(I). The categories of records are exempted from subsection serious impediment to effective law of sources of the records in these (d). enforcement not only because it would systems have been published in the (12) Subsection (g). Since an prevent the successful completion of the Federal Register in broad generic terms exemption is being claimed for investigation but also because it could in the belief that this is all that subsections (d) (Access to Records) and endanger the physical safety of subsection (e)(4)(I) of the Act requires. (f) (Agency Rules) this section is witnesses or informants, lead to the In the event, however, that this inapplicable, and is exempted for the improper influencing of witnesses, the subsection should be interpreted to reasons set forth for those subsections, destruction of evidence, or the require more detail as to the identity of to the extent that these systems of fabrication of testimony. Amendment of sources of the records in this system, records are exempted from subsections the records would interfere with exemption from this provision is (d) and (f). ongoing criminal law enforcement necessary to protect the confidentiality proceedings and imposes an impossible of the sources of criminal and related § 71.51 Specific exemptions pursuant to administrative burden by requiring law enforcement information. Such subsection (k)(2) of the Privacy Act. criminal investigations to be exemption is further necessary to (a) The following systems of records continuously reinvestigated. protect the privacy and physical safety are eligible for exemption under 5 of witnesses and informants. (4) Subsection (e)(1). In the course of U.S.C. 552a(k)(2) because they contain (9) Subsection (e)(5). In the collection criminal and related law enforcement investigatory material compiled for law of information for criminal enforcement investigations, cases, and matters, the enforcement purposes other than purposes it is impossible to determine material within the scope of subsection agency will occasionally obtain in advance what information is information concerning actual or (j)(2) of 5 U.S.C. 552a. Provided accurate, relevant, timely, and complete. however, that if any individual is potential violations of law that may not With the passage of time, seemingly be technically within its statutory or denied any right, privilege or benefit to irrelevant or untimely information may which he would otherwise be entitled other authority, or it may compile acquire new significance as further information in the course of an by Federal law, or for which he would investigation brings new details to light. otherwise be eligible, as a result of the investigation which may not be relevant Furthermore, the accuracy of such to a specific prosecution. In the interests maintenance of such material, such information can often only be material shall be provided to such of effective law enforcement, it is determined in a court of law. The individual, except to the extent that the necessary to retain some or all of such restrictions of subsection (e)(5) would disclosure of such material would reveal information since it can aid in inhibit the ability of government the identity of a source who furnished establishing patterns of criminal activity attorneys in exercising their judgment in information to the Government under an and can provide valuable leads for reporting on information and express promise that the identity of the Federal and other law enforcement investigations and impede the source would be held in confidence, or agencies. Moreover, it is difficult to development of criminal information prior to January 1, 1975, under an know during the course of an and related data necessary for effective implied promise that the identity of the investigation what is relevant and law enforcement. necessary. In this connection, facts or (10) Subsection (e)(8). The individual source would be held in confidence. evidence may not seem relevant at first, notice requirements of subsection (e)(8) Accordingly the following systems of but later in the investigation, their could present a serious impediment to records are exempt from (c)(3), (d)(1), relevance is borne out. law enforcement as this could interfere (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (5) Subsection (e)(2). To collect with the ability to issue warrants or (e)(4)(I) and (f) of 5 U.S.C. 552a. information to the greatest extent subpoenas and could reveal investgative (1) DOL/GOVT–1 (Office of Workers’ practicable from the subject individual techniques, procedures, or evidence. Compensation Programs, Federal of a criminal investigation or (11) Subsection (f). Procedures for Employees’ Compensation Act File), a prosecution would present a serious notice to an individual pursuant to system of records maintained by the impediment to law enforcement because subsection (f)(1) as to existence of Employment Standards Administration the subject of the investigation or records pertaining to the individual (ESA). prosecution would be placed on notice dealing with an actual or potential (2) DOL/OASAM–17 (Equal as to the existence of the investigation criminal, civil, or regulatory Employment Opportunity Complaint and would therefore be able to avoid investigation or prosecution must be Files), a system of records maintained detection or apprehension, improperly exempted because such notice to an by the Office of the Assistant Secretary influence witnesses, destroy evidence, individual would be detrimental to the for Administration and Management or fabricate testimony. successful conduct and/or completion (OASAM). (6) Subsection (e)(3). To provide of an investigation or case, pending or (3) DOL/OASAM–19 (Negotiated individuals supplying information with future. In addition, mere notice of the Grievance Procedure and Unfair Labor a form which includes the information fact of an investigation could inform the Practice Files), a system of records required by subsection (e)(3) would subject or others that their activities are maintained by OASAM. constitute a serious impediment to law under investigation or may become the (4) DOL/OASAM–20 (Personnel enforcement, i.e., it could compromise subject of an investigation and could Investigation Records), a system of the existence of a confidential enable the subjects to avoid detection, to records maintained by OASAM. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40413
(5) DOL/OASAM–22 (Directorate of (21) DOL/OIG–2 (Freedom of (c) The systems of records listed Civil Rights Discrimination Complaint Information/Privacy Acts Records), a under paragraphs (a)(1) through (a)(39) Case Files), a system of records system of records maintained by the of this section are exempted for the maintained by OASAM. OIG. reasons set forth below, from the (6) DOL/OASAM–29 (OASAM (22) DOL/OIG–3 (Case Development following subsections of 5 U.S.C. 552a: Records), a system of records Employee Administrative Investigation (1) Subsection (c)(3). The release of File), a system of records maintained by maintained by OIG. (23) DOL/OIG–5 (Investigative Case the disclosure accounting, for OASAM. disclosures made pursuant to subsection (7) DOL/BLS–7 (BLS Employee Tracking Systems/Audit Information (b) of the Act, including those permitted Conduct Investigation), a system of Reporting Systems, USDOL/OIG), a under the routine uses published for records maintained by the Bureau of system of records maintained by OIG. these systems of records, would enable Labor Statistics (BLS). (24) DOL/OAW–1 (Investigative (8) DOL/ESA–2 (Office of Federal Files), a system maintained by the the subject of an investigation of an Contract Compliance Programs, Office of Labor-Management Standards. actual or potential civil case to Complaint Files), a system of records (25) DOL/MSHA–10 (Discrimination determine whether he or she is the maintained by ESA. Investigations), a system of records subject of investigation, to obtain (9) DOL/ESA–25 (Office of Federal maintained by the Mine Safety and valuable information concerning the Contract Compliance Programs, Health Administration (MSHA). nature of that investigation and the Management Information Systems (26) DOL/MSHA–19 (Employee information obtained, and to determine (OFCCP/MIS), a system of records Conduct Investigations), a system of the identity of witnesses or informants. maintained by ESA. records maintained by MSHA. Such access to investigative information (10) DOL/ESA–26 (Office of Workers’ (27) DOL/MSHA–20 (Civil/Criminal would, accordingly, present a serious Compensation Programs, Longshore and Investigations), a system of records impediment to law enforcement. In Harbor Workers’ Compensation Act maintained by MSHA. addition, disclosure of the accounting Investigation Files), a system of records (28) DOL/OSHA–1 (Discrimination would constitute notice to the maintained by ESA. Complaint File), a system of records individual of the existence of a record (11) DOL/ESA–27 (Office of Workers’ maintained by the Occupational Safety even though such notice requirement Compensation Programs, Longshore Act and Health Administration (OSHA). under subsection (f)(1) is specifically (29) DOL/OSHA–12 (Employee Claimant Representatives), a system of exempted for this system of records. Conduct Investigations), a system of records maintained by ESA. records maintained by OSHA. (2) Subsections (d)(1), (d)(2), (d)(3), (12) DOL/ESA–28 (Office of Workers’ (30) DOL/PWBA–2 (Office of and (d)(4). Access to the records Compensation Programs, Physicians and Enforcement Index Cards and contained in these systems would Health Care Providers Excluded under Investigation Files), a system of records inform the subject of an actual or the Longshore Act), a system of records maintained by the Pension and Welfare potential civil investigation of the maintained by ESA. Benefits Administration (PWBA). existence of that investigation, of the (13) DOL/ESA–29 (Office of Workers’ (31) DOL/PWBA–7 (PWBA Employee nature and scope of the information and Compensation Programs, Physicians and Conduct Investigations), a system of evidence obtained as to his or her Health Care Providers Excluded under records maintained by PWBA. activities, and of the identity of the Federal Employees’ Compensation (32) DOL/SOL–8 (Special Litigation witnesses or informants. Such access Act), a system of records maintained by Files), a system of records maintained would, accordingly, provide ESA. by the Office of the Solicitor (SOL). information that could enable the (14) DOL/ESA–32 (ESA, Complaint (33) DOL/SOL–9 (Freedom of subject to avoid detection. This result, and Employee Conduct Investigations), Information Act and Privacy Act therefore, would constitute a serious a system of records maintained by ESA. Appeals Files), a system of records impediment to effective law (15) DOL/ESA–36 (ESA, Wage and maintained by SOL. enforcement not only because it would Hour Division, MSPA/FLCRA Civil (34) DOL/SOL–11 (Division of Civil prevent the successful completion of the Money Penalty Record Files), a system Rights Defensive Litigation Files), a investigation but also because it could of records maintained by ESA. system of records maintained by SOL. endanger the physical safety of (16) DOL/ESA–40 (ESA, Wage and (35) DOL/SOL–12 (Third-party witnesses or informants, lead to the Hour Division, MSPA/FLCRA Tracer Recovery Files), a system of records improper influencing of witnesses, the List), a system of records maintained by maintained by SOL. destruction of evidence, or the ESA. (36) DOL/SOL–13 (SOL Employee fabrication of testimony. (17) DOL/ESA–41 (ESA, Wage and Conduct Investigations), a system of Hour Division, MSPA/FLCRA records maintained by SOL. (3) Subsection (e)(1). The notices for Certificate Action Record Files), a (37) DOL/SOL–15 (Solicitor’s Office these systems of records published in system of records maintained by ESA. Litigation Files), a system of records the Federal Register set forth the basic (18) DOL/ETA–16 (Employment and maintained by SOL. statutory or related authority for Training Administration Investigatory (38) DOL/VETS–1 (Veterans’ maintenance of these systems. However, File), a system of records maintained by Reemployment Complaint File—VETS– in the course of civil and related law the Employment and Training 1), a system of records maintained by enforcement investigations, cases and Administration (ETA). the Veterans’ Employment and Training matters, the agency will occasionally (19) DOL/ETA–22 (ETA Employee Service (VETS). obtain information concerning actual or Conduct Investigations), a system of (39) DOL/VETS–2 (Veterans’ potential violations of law that are not records maintained by ETA. Preference Complaint File), a system of strictly or technically within its (20) DOL/OIG–1 (General records maintained by VETS. statutory or other authority or may Investigative Files, and Subject Title (b) This exemption applies to the compile information in the course of an Index, USDOL/OIG), a system of records extent that information in these systems investigation which may not be relevant maintained by the Office of the is subject to exemption pursuant to 5 to a specific case. In the interests of Inspector General (OIG). U.S.C. 552a(k)(2). effective law enforcement, it is 40414 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules necessary to retain some or all of such investigatory material compiled solely individual of the existence of a record information in this system of records for the purpose of determining even though such notice requirement since it can aid in establishing patterns suitability, eligibility, or qualifications under subsection (f)(1) is specifically of compliance and can provide valuable for Federal civilian employment, exempted for this system of records. leads for Federal and other law military service, Federal contracts, or (2) Subsections (d)(1), (d)(2), (d)(3), enforcement agencies. Moreover, it is access to classified information, but and (d)(4). Access to the records difficult to know during the course of an only to the extent that the disclosure of contained in these systems would investigation what is relevant and such material would reveal the identity inform the subject of an actual or necessary. In this connection, facts or of a source who furnished information potential investigation of the existence evidence may not seem relevant at first, to the Government under an express of that investigation, of the nature and but later in the investigation, their promise that the identity of the source scope of the information and evidence relevance is borne out. would be held in confidence, or, prior obtained as to his or her activities, and (4) Subsections (e)(4) (G) and (H). to January 1, 1975, under an implied of the identity of witnesses or Since an exemption is being claimed for promise that the identity of the source informants. Such access would, subsections (f) (Agency Rules) and (d) would be held in confidence. accordingly, provide information that (Access to Records) of the Act, these Accordingly, these systems of records could enable the subject to avoid subsections are inapplicable to the are exempt from (c)(3), (d)(1), (d)(2), detection. This result, therefore, would extent that these systems of records are (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(I) constitute a serious impediment to exempted from subsections (f) and (d). and (f) of 5 U.S.C. 552a. effective investigation not only because (5) Subsection (e)(4)(I). The categories (1) DOL/OASAM–20 (Personnel it would prevent the successful of sources of the records in these Investigation Records), a system of completion of the investigation but also systems have been published in the records maintained by the Office of the because it could endanger the physical Federal Register in broad generic terms Assistant Secretary for Administration safety of witnesses or informants, lead in the belief that this is all that and Management (OASAM). to the improper influencing of subsection (e)(4)(I) of the Act requires. (2) DOL/OIG–1 (General Investigative witnesses, the destruction of evidence, In the event, however, that this Files, and Subject Title Index, USDOL/ or the fabrication of testimony. subsection should be interpreted to OIG), a system of records maintained by (3) Subsection (e)(1). The notices for require more detail as to the identity of the Office of the Inspector General these systems of records published in sources of the records in this system, (OIG). the Federal Register set forth the basic exemption from this provision is (3) DOL/OIG–2 (Freedom of statutory or related authority for necessary in order to protect the Information/Privacy Acts Records), a maintenance of this system. However, in confidentiality of the sources of civil system of records maintained by the the course of civil and related law enforcement information. Such OIG. investigations, cases and matters, the exemption is further necessary to (4) DOL/OIG–3 (Case Development agency will occasionally obtain protect the privacy and physical safety Records), a system of records information concerning actual or of witnesses and informants. maintained by the OIG. potential violations of law that are not (6) Subsection (f). Procedures for (5) DOL/OIG–5 (Investigative Case strictly or technically within its notice to an individual pursuant to Tracking Systems/Audit Information statutory or other authority or may subsection (f)(1) as to existence of Reporting Systems, USDOL/OIG), a compile information in the course of an records pertaining to the individual system of records maintained by the investigation which may not be relevant dealing with an actual or potential OIG. to a specific case. In the interests of criminal, civil, or regulatory (b) This exemption applies to the effective investigation, it is necessary to investigation or prosecution must be extent that information in these systems retain some or all of such information in exempted because such notice to an is subject to exemption pursuant to 5 these systems of records since it can aid individual would be detrimental to the U.S.C. 552a(k)(5). in establishing patterns of compliance successful conduct and/or completion (c) The systems of records listed and can provide valuable leads for of an investigation or case, pending or under paragraphs (a)(1) through (a)(5) of Federal and other law enforcement future. In addition, mere notice of the this section are exempted for the agencies. Moreover, it is difficult to fact of an investigation could inform the reasons set forth below, from the know during the course of an subject or others that their activities are following subsections of 5 U.S.C. 552a: invesigation what is relevant and under or may become the subject of an (1) Subsection (c)(3). The release of necessary. In this connection, facts or investigation and could enable the the disclosure accounting, for evidence may not seem relevant at first, subjects to avoid detection, to influence disclosures made pursuant to subsection but later in the investigation, their witnesses improperly, to destroy (b) of the Act, including those permitted relevance is borne out. evidence, or to fabricate testimony. under the routine uses published for (4) Subsections (e)(4) (G) and (H). Since an exemption is being claimed for this system of records, would enable the Since an exemption is being claimed for subsection (d) of the Act (Access to subject of an investigation of an actual subsections (f) (Agency Rules) and (d) Records), the rules required pursuant to or potential civil case to determine (Access to Records) of the Act, these subsections (f)(2) through (5) are whether he or she is the subject of subsections are inapplicable to the inapplicable to these systems of records investigation, to obtain valuable extent that these systems of records are to the extent that these systems of information concerning the nature of exempted from subsections (f) and (d). records are exempted from subsection that investigation and the information (5) Subsection (e)(4)(I). The categories (d). obtained, and to determine the identity of sources of the records in these of witnesses or informants. Such access systems have been published in the § 71.53 Specific exemptions pursuant to to investigative information would, Federal Register in broad generic terms subsection (k)(5) of the Privacy Act. accordingly, present a serious in the belief that this is all that (a) The following systems of records impediment to the investigation. In subsection (e)(4)(I) of the Act requires. are eligible for exemption under 5 addition, disclosure of the accounting In the event, however, that this U.S.C. 552a(k)(5) because they contain would constitute notice to the subsection should be interpreted to Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40415 require more detail as to the identity of Director, Reinvention Center, OASAM Director, Division of Management and sources of the records in this system, Director, Safety and Health Center, OASAM Administrative Programs, OFCCP, ESA exemption from this provision is Director, DOL Academy Deputy Assistant Secretary for Labor- Director, Office of Small Business and Management Programs, ESA necessary in order to protect the Minority Affairs confidentiality of the sources of Deputy Assistant Secretary for Labor- Chairperson, Employees’ Compensation Management Standards, ESA investigatory information. Such Appeals Board (ECAB) Deputy Assistant Secretary for Work and exemption is further necessary to Chief Administrative Appeals Judge, Benefits Technology Policy, ESA protect the privacy and physical safety Review Board (BRB) Assistant Secretary of Labor, Employment of witnesses and informants. Director, Women’s Bureau and Training Administration (ETA) (6) Subsection (f). Procedures for Assistant Secretary Office of Congressional Deputy Assistant Secretary of Labor, notice to an individual pursuant to and Intergovernmental Affairs (OCIA) Employment and Training Administration Deputy Assistant Secretary , OCIA subsection (f)(1) as to existence of (ETA) Assistant Secretary for Policy (ASP) Administrator, Office of Financial and records pertaining to the individual Deputy Assistant Secretary, ASP Administative Management, ETA dealing with an actual or potential Assistant Secretary, Office of Public Affairs Director, Office of Management, Information, investigation must be exempted because (OPA) Deputy Assistant Secretary, OPA and Support, ETA such notice to an individual would be Director, Office of Human Resources, ETA detrimental to the successful conduct Director, Office of Administrative Review Board (ARB) Director, Office of the Comptroller, ETA and/or completion of an investigation or Director, Office of Grants and Contracts case, pending or future. In addition, Disclosure Officer, Office of the Inspector General (OIG) Management, ETA mere notice of the fact of an Director, Office of Management, Chief, Division of Resolution and Appeals, investigation could inform the subject or Administration and Planning Bureau of ETA others that their activities are under or International Labor Affairs (ILAB) Chief, Division of Acquisition and may become the subject of an Secretary, U.S. National Administrative Assistance, ETA investigation and could enable the Office (USNAO) Chief, Division of Financial and Grant subjects to avoid detection, to influence Assistant Secretary for Employment Management Policy and Review, ETA Administrator, Office of Regional witnesses improperly, to destroy Standards, Employment Standards Administration (ESA) Management, ETA evidence, or to fabricate testimony. Director, Office of Management, Administrator, Office of Policy and Research, Since an exemption is being claimed for Administration and Planning (OMAP), ESA ETA subsection (d) of the Act (Access to Director, Equal Employment Opportunity Director, Unemployment Insurance Service, Records), the rules required pursuant to Unit, ESA ETA subsections (f) (2) through (5) are Director, Office of Public Affairs, OMAP,ESA Director, United States Employment Service, inapplicable to these systems of records Director, Division of Human Resources ETA to the extent that these systems of Management, OMAP, ESA Chief, Division of Foreign Labor records are exempted from subsection Director, Division of Legislative and Certifications, ETA Regulatory Analysis, OMAP, ESA (d). Administrator, Office of Job Training Director, Office of Workers’ Compensation Programs, ETA Appendix A to Part 71—Responsible Programs (OWCP), Director, Office of Employment and Training Officials Assistant to the Director, OWCP, ESA Programs, ETA Director for Federal Employees’ Director, National Office of School to Work (a)(1) The titles of the responsible Compensation, OWCP, ESA Opportunities, ETA officials of the various independent Director for Longshore and Harbor Workers’ Director, Office of Job Corps, ETA agencies in the Department of Labor are Compensation, OWCP, ESA Director, Office of National Programs, ETA listed below. This list is provided for Director for Coal Mine Workers’ Director, Bureau of Apprenticeship and information and to assist requesters in Compensation, OWCP, ESA Training, ETA National Office Program Administrator, Wage Administrator, Office of Work-Based locating the office most likely to have and Hour Division, ESA Learning, ETA responsive records. The officials may be Deputy National Office Program Program Manager, Office of Worker changed by appropriate designation. Administrator, Wage and Hour Division, Retraining and Adjustment Programs, ETA Unless otherwise specified, the mailing ESA Director, Office of Trade Adjustment addresses of the officials shall be: Director, Office of Enforcement Policy, Wage and Hour Division, ESA Assistance, ETA U.S. Department of Labor, 200 Constitution Deputy Director, Office of Enforcement Director, Office of One-Stop/LMI, ETA Avenue, N.W., Washington, D.C. 20210– Policy, Wage and Hour Divison, ESA Director, Office of Equal Employment 0002 Director, Office of Planning and Analysis, Opportunity Secretary of Labor, Attention: Assistant Wage and Hour Division ESA Occupational Safety and Health Secretary for Administration and Director, Office of Wage Determinations, Administration (OSHA) Management (OASAM) Wage and Hour Division ESA Director, Office of Information and Consumer Deputy Solicitor, Office of the Solicitor Director, Office of External Affairs, Wage and Affairs, OSHA Chief Administrative Law Judge, Office of the Hour Division, ESA Director, Directorate Office of Construction, Administrative Law Judges (OALJs) Director, Office of Quality and Human OSHA Assistant Secretary for Administration and Resources, Wage and Hour Division, ESA Director, Directorate of Federal-State Management (OASAM) Deputy Assistant Secretary for Contract Operations, OSHA Deputy Assistant Secretary for Compliance Programs (OFCCP), ESA Director, Directorate of Policy, OSHA Administration and Management Deputy Director, Office of Federal Contract Director, Directorate of Administrative (OASAM) Compliance Programs, OFCCP, ESA Programs, OSHA Director, Business Operations Center, Director, Division of Policy, Planning and Director, Office of Personnel Management, OASAM Program Development, OFCCP, ESA OSHA Director, Civil Rights Center, OASAM Deputy Director, Division of Policy, Planning Director, Office of Administrative Services, Director, Human Resources Center, OASAM and Program Development, OFCCP, ESA OSHA Director, Information Technology Center, Director, Division of Program Operations, Director, Office of Management Data OASAM OFCCP, ESA Systems, OSHA Director, Program Management and Deputy Director, Division of Program Director, Office of Management Systems and Information Center, OASAM Operations, OFCCP, ESA Organization, OSHA 40416 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
Director, Office of Program Budgeting, Region VII 3329 Penn Place, 20 North Pennsylvania Planning and Financial Management, Center City Square Building, 1100 Main Ave., Wilkes-Barre, Pennsylvania 18701 OSHA Street, Kansas City, Missouri 64105 The 700 Building, 700 East Franklin Street, Director, Directorate of Technical Support, 801 Walnut Street, Room 200, Kansas City, Suite 560, Richmond, Virginia 23219 OSHA Missouri 64106, (OFCCP only) 2 Hale Street, Suite 301, Charleston, West Director, Directorate of Safety Standards Region VIII Virginia 25301–2834 Programs, OSHA 100 Alabama Street, S.W., Room 7M10, 1999 Broadway Street, Denver, Colorado Director, Directorate of Health Standards Atlanta, Georgia 30303 Programs, OSHA 80202 Medical Forum Building, 950—22nd Street Director, Office of Statistics, OSHA The mailing address for the Director of the North, Suite 656, Birmingham, Alabama Director of Program Services, Pension and Regional Bureau of Apprentice and Training Welfare Benefits Administration in Region VIII is: 35203 Federal Building, Room 408, 299 East Assistant Secretary for Veterans’ Room 465, U.S. Custom House, 721—19th Broward Boulevard, Fort Lauderdale, Employment and Training (VETS) Street, Denver, CO. 80202 Deputy Assistant Secretary for Veterans’ Florida 33301–1976 Region IX Employment and Training, VETS 3728 Phillips Hwy., Suite 219, Jacksonville, Director, Office of Operations and Programs, 71 Stevenson Street, San Francisco, Florida 32207–0880 VETS California 94105 Sunset Center, 10300 Sunset Drive, Room Chair, Benefits Review Board Region X 255, Miami, Florida 33173–3038 Commissioner, Bureau of Labor Statistics Austin Laurel Bldg., Suite 300, 4905 W. 1111 Third Avenue, Seattle, Washington The mailing address for responsible official 98101–3212 Laurel Street, Tampa, Florida 33607–3838 Gene Snyder U.S. Courthouse & in the Bureau of Labor Statistics is: Rm. Regional Administrator for Administration Customhouse, Room 31, 601 Broadway, 4040—Postal Square Bldg., 2 Massachusetts and Management (OASAM) Ave., NE,. Washington, DC 20212–0001. Regional Personnel Officer, OASAM Louisville, Kentucky 40202–9570 Director of Program Evaluation and Regional Director for Information and Public 800 Briar Creek Road, Suite CC–412, Information Resources Mine Safety and Affairs, OASAM Charlotte, North Carolina 28205–6903 Health Administration (MSHA) Regional Administrator for Occupational Somerset Park Building, 4407 Bland Rd., The mailing address for responsible official Safety and Health and Safety (OSHA) Suite 260, Raleigh, North Carolina 27609 in the Mine Safety and Health Regional Commissioner, Bureau of Labor Federal Building, Room 1072, 1835 Assembly Administration (MSHA) is: 4015 Wilson Statistics (BLS) Street, Columbia, South Carolina 29201 Boulevard, Arlington, Virginia 22203. Regional Administrator for Employment and 1 Jackson Place, No. 1020, 188 East Capitol Training Administration (ETA) The mailing address for the Office of Street, Jackson, Mississippi 39201, 1321 Regional Director, Job Corps, ETA Administrative Law Judges is: Chief, Office of Murfreesboro Road, Suite 511, Nashville, Director, Regional Bureau of Apprenticeship Tennessee 37217–3131 Administrative Law Judges, 800 K Street, and Training, ETA NW., Suite N–400, Washington, DC. 20001– 230 South Dearborn Street, Room 412, Regional Management Analyst, ETA— Chicago, Illinois 60604–1595 8002. Atlanta, Georgia 509 West Capitol Avenue, Suite 205, (2) The titles of the responsible Regional Administrator for Wage and Hour, officials in the field offices of the ESA Springfield, Illinois 62704 429 N. Pennsylvania Street, Room 403, various independent agencies are listed Regional Director for Federal Contract Compliance Programs, ESA Indianapolis, Indiana 46204–1873 below: Unless otherwise specified, the River Glen Plaza, Suite 160, 501 East Monroe, mailing address for these officials by Regional Director for the Office of Workers’ Compensation Programs, ESA South Bend, Indiana 46601–1615 region, shall be: District Director, Office of Workers’ 2920 Fuller Avenue, Suite 100, Grand Region I: Compensation Programs, ESA Rapids, Michigan 49505–3409 Bridge Place, Room 106, 220 South Second U.S. Department of Labor, John F. Kennedy Wage and Hour Division, ESA Responsible Street, Minneapolis, Minnesota 55401– Federal Building, Boston, Massachusetts Officials, District Offices 02203 2104 135 High Street, Room 310, Hartford, Federal Office Building, Room 817, 1240 East IN REGION I, ONLY, THE MAILING Connecticut 06103 ADDRESS FOR OSHA IS: Ninth Street, Cleveland, Ohio 44199–2054 66 Pearl Street, Room 201, Portland, Maine 525 Vine Street, Room 880, Cincinnati, Ohio 133 Portland Street, 1st Floor, Boston, 04101 45202–3268 Massachusetts 02114 One Bowdoin Square, 8th Floor, Boston, 200 North High Street, Room 646, Columbus, Region II Massachusetts 02114 200 Sheffield St., Room 102, Mountainside, Ohio 43215–2475 201 Varick Street, New York, New York New Jersey 07092 Federal Center Building, Room 309, 212 East 10014 3131 Princeton Pike, Building 5, Room 216, Washington Avenue, Madison, Wisconsin Region III Lawrenceville, New Jersey 08648 53703–2878 Leo W. O’ Brien Federal Bldg. Rm. 822, TCBY Building, Suite 725, 425 West Capitol, Gateway Building, 3535 Market Street, Albany, New York 12207 Little Rock, Arkansas 72201 Philadelphia, Pennsylvania 19104 1967 Turnbull Avenue, Bronx, New York 701 Loyola Avenue, Room 13028, New Region IV 10473 Orleans, Louisiana 70113 U.S. Department of Labor, Atlanta Federal 111 West Huron Street, Room 1512, Buffalo, Western Bank Bldg, Suite 840, 505 Center, 61 Forsyth Street, S.W. Atlanta, New York 14202 Marquette, NW, Albuquerque, New Mexico Georgia 30303 825 East Gate Boulevard, Room 202, Garden 87102–2160 214 N. Hogan Street, Suite 1006, Jacksonville, City, New York 11530 Wilson Plaza, 606 N. Carancachua, Suite 710, Florida 32202, (OWCP Only) 26 Federal Plaza, Room 3838, New York, Corpus Christi, Texas 78476 New York 10278 Federal Building, Room 507, 525 South Region V 159 Carlos Chardon Street, Room 102, Hato Griffin Street, Dallas, Texas 75202–5007 Kluczynski Federal Building, 230 South Rey, Puerto Rico 00918 2320 LaBranch, Room 2100, Houston, Texas Dearborn Street, Chicago, Illinois 60604 Federal Office Building, 103 South Gay 1240 East Ninth Street, Street, Room 913, Baltimore, Maryland 77004 Room 851, Cleveland, Ohio 44199, 21202 Northchase 1 Office Building, Suite 140, (FEC only) U.S. Custom House, Room 238, Second and 10127 Morocco, San Antonio, Texas 78216 Chestnut Streets, Philadelphia, Fifty-One Yale Building, Suite 303, 5110 Region VI Pennsylvania 19106 South Yale, Tulsa, Oklahoma 74135–7438 525 Griffin Square Building, Griffin & Young Federal Building, Room 313, 1000 Liberty Federal Building, Room 643, 210 Walnut Streets, Dallas, Texas 75202 Avenue, Pittsburgh, Pennsylvania 15222 Street, Des Moines, Iowa 50309 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40417
Gateway Tower II, Suite 706, 400 State 334 Main Street, Fifth Floor, Pikeville Plaza 35, Suite 205, 1030 St. Georges Avenue, Avenue, Kansas City, Missouri 66101 Kentucky 41501, (BLBA only) Avenel, New Jersey 07001 1222 Spruce Street, Room 9102B, St. Louis, 500 Springdale Plaza, Spring Street, Mt. 660 White Plains Road, 4th Floor, Tarrytown, Missouri 63103 Sterling, Kentucky 40353, (BLBA only) New York 10591–5107 Federal Building, Room 715, 106 South 15th 214 N. Hogan Street, 10th Floor, Jacksonville, US Custom House, Room 242, Second & Street, Omaha, Nebraska 68102 Florida 32201, (FECA and LHWCA only) Chestnut Street, Philadelphia, Federal Office Building, Room 615, 1961 230 South Dearborn Street, 8th Floor, Pennsylvania 19106 Stout Street, P.O. Drawer 3505, Denver, Chicago, Illinois 60604, (FECA and One Rodney Square, Suite 402, 920 King Colorado 80294 LHWCA) Street, Wilmington, Delaware 19801 10 West Broadway, Suite 307, Salt Lake City, 1240 East 9th Street, Cleveland, Ohio 44199, Federal Building, Room 1428, 1000 Liberty Utah 84101 (FECA only) Avenue, Pittsburgh, Pennsylvania 15222 3221 North 16th Street, Suite 301, Phoenix, 274 Marconi Boulevard, 3rd Floor, 20 North Pennsylvania Avenue, Penn Place, Arizona 85016–7103 Columbus, Ohio 43215, (BLBA only) Room 2005, Wilkes-Barre, Pennsylvania 300 South Glendale Avenue, Suite 400, 525 Griffin Street, Federal Building, Dallas, 18701–3590 Glendale, California 91205–1752 Texas 75202, (FECA only) 850 North 5th Street, Allentown, 2981 Fulton Avenue, Sacramento, California 701 Loyola Avenue, Room 13032, New Pennsylvania 18102 95821 550 Eagan Street, Room 206, Charleston, 455 Market Street, Suite 800, San Francisco, Orleans, Louisiana 70183, (LHWCA only) 8866 Gulf Freeway, Suite 140, Houston, West Virginia 25301 California 94105 3939 West Ridge Road, Suite B12, Erie, 5675 Ruffin Road, Suite 320, San Diego, Texas 77017, (LHWCA only) City Center Square, Suite 750, 1100 Main Pennsylvania 16506–1857 California 92123–1362 Progress Plaza, 49 North Progress Street, Street, Kansas City, Missouri 64105, (FECA 111 SW Columbia, Suite 1010, Portland, Harrisburg, Pennsylvania 17109 only) Oregon 97201–5842 Federal Building, Room 1110, Charles Center, 1801 California Street, Denver, Colorado 1111 Third Avenue, Suite 755, Seattle, 31 Hopkins Plaza, Baltimore, Maryland 80202, (FECA andd BLBA only) Washington 98101–3212 21201 71 Stevenson Street, 2nd Floor, San Federal Office Building, 200 Granby Street, Office of Federal Contract Compliance Francisco, California 94105, (LHWCA and Room 835, Norfolk, Virginia 23510–1811 Programs ESA, Responsible Offices, Regional FECA only) La Vista Perimeter Office Park, Building 7, Offices 401 E. Ocean Boulevard, Suite 720, Long Suite 110, Tucker, Georgia 30084 Beach, California 90802, (LHWCA only) JFK Federal Building, Room E–235, Boston, 2400 Herodian Way, Suite 250, Smyrna, 300 Ala Moana Boulevard, Room 5119, Massachusetts 02203 Georgia 30080 201 Varick Street, Room 750, New York, New Honolulu, Hawaii 96850, (LHWCA only) 450 Mall Boulevard, Suite J, Savannah, York 10014 1111 3rd Avenue, Seattle, Washington Georgia 31406 Gateway Building, Room 15340, 3535 Market 98101–3212, (LHWCA and FECA only) Todd Mall, 2047 Canyon Road, Birmingham, Street, Philadelphia, Pennsylvania 19104 Alabama 35216 61 Forsyth Street, SW., Suite 7875, Atlanta, Regional Administrator, Occupational Safety 3737 Government Boulevard, Suite 100, Georgia 30303 and Health Administration (OSHA) Mobile, Alabama 36693 Klucynski Federal Building, Room 570, 230 Area Director, OSHA 1835 Assembly Street, Room 1468, Columbia, South Dearborn Street, Chicago, Illinois Valley Office Park, 13 Branch Street, South Carolina 29201 60604 Methuen, Massachusetts 01844 Jacaranda Executive Court, 8040 Peters Road, Federal Building, Room 840, 525 South 639 Granite Street, 4th Floor, Braintree, Building H–100, Fort Lauderdale, Florida Griffin Street, Dallas, Texas 75202 Massachusetts 02184 33324 71 Stevenson Street, Suite 1700, San 279 Pleasant Street, Suite 201, Concord, New 3780 I–55 North, Suite 210, Jackson, Francisco, California 94105 1111 Third Avenue, Suite 610, Seattle, Hampshire 03301 Mississippi 39211–6323 Washington 98101–3212 380 Westminister Mall, Room 243, 1851 Executive Center Drive, Ribault Providence, Rhode Island 02903 Building, Suite 227, Jacksonville, Florida Office of Workers’ Compensation Programs 1145 Main Street, Room 108, Springfield, 32207 ESA, Responsible Officials, District Directors Massachusetts 01103–1493 John C. Watts Federal Building, 330 West John F. Kennedy, Federal Building, Boston, 40 Western Avenue, Room 121, Augusta, Broadway, Room 108, Frankfort, Kentucky Massachusetts 02203, (FECA and LHWCA Maine 04330 40601 only) Federal Office Building, 450 Main Street, 2002 Richard Jones Road, Suite C–205, 201 Varick Street, Seventh Floor, New York, Room 508, Hartford, Connecticut 06103 Nashville, Tennessee 37215 New York 10014, (FECA and LHWCA only) One LaFayette Square, Suite 202, Bridgeport, Century Station, 300 Fayetteville Mall, Room 3535 Market Street, Philadelphia, Connecticut 06604 438, Raleigh, North Carolina 27601 Pennsylvania 19104, (FECA and LHWCA 90 Church Street, Room 1407, New York, 5807 Breckenridge Parkway, Suite A, Tampa, only) New York 10007 Florida 33610 Penn Traffic Building, 319 Washington 990 Westbury Road, Westbury, New York 1600 167th Street, Suite 12, Calumet City, Street, Johnstown, Pennsylvania 15901, 11590 Illinois 60409 (BLBA only) 42–40 Bell Boulevard, Bayside, New York O’Hara Lake Plaza, 2360 East Devon Avenue, 105 North Main Street, Suite 100, Wilkes- 11361 Suite 1010, Des Plaines, Illinois 60018 Barre, Pennsylvania 18701, (BLBA only) 3300 Vikery Road, North New, Syracuse, 344 Smoke Tree Business Park, North Wellington Square, 1225 South Main Street, New York 13212 Aurora, Illinois 60542 Greensburg, Pennsylvania 15601, (BLBA 5360 Genesee Street, Bowmansville, New Federal Office Building, 1240 East 9th Street, only) York 14026 Room 899, Cleveland, Ohio 44199 300 West Pratt Street, Suite 240, Baltimore, U.S. Courthouse & Federal Office Building, Federal Office Building, 200 N. High Street, Maryland 21201, (LHWCA only) Carlos Chardon Avenue, Room 559, Hato Room 620, Columbus, Ohio 43215 Federal Building, 200 Granby Mailroom 212, Rey, Puerto Rico 00918 US P.O. & Courthouse Building, 46 East Ohio Norfolk, Virginia 23510, (LHWCA only) 401 New Karner Road, Suite 300, Albany, Street, Room 423, Indianapolis, Indiana 2 Hale Street, Suite 304, Charleston, West New York 12205–3809 46204 Virginia 25301, (BLBA only) Marlton Executive Park, Building 2, Suite 36 Triangle Park Drive, Cincinnati, Ohio 609 Market Street, Parkersburg, West Virginia 120, 701 Route 73 South, Marlton, New 45246 26101, (BLBA only) Jersey 08053 2618 North Ballard Road, Appleton, 800 North Capitol Street, NW., Washington, 299 Cherry Hill Road, Suite 304, Parsippany, Wisconsin 54915 DC 20211, (FECA only) New Jersey 07054 Henry S. Reuss Building, Room 1180, 310 1200 Upshur Street, NW., Washington, DC 500 Route 17 South, 2nd Floor, Hasbrouck West Wisconsin Avenue, Milwaukee, 20210, (DCCA only) Heights, New Jersey 07604 Wisconsin 53203 40418 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules
110 South 4th Street, Room 116, Pension and Welfare Benefits Administration Signed at Washington, DC this 17th day of Minneapolis, Minnesota 55401 Regional Director or District Supervisor July 1997. 234 North Summit Street, Room 734, Toledo, Regional Director, One Bowdoin Square, 7th Alexis M. Herman, Ohio 43604 Floor, Boston, Massachusetts 02114 Secretary of Labor. 801 South Waverly Road, Suite 306, Lansing, Regional Director, 1633 Broadway, Rm. 226, [FR Doc. 97–19476 Filed 7–25–97; 8:45 am] Michigan 48917–4200 New York, N.Y. 10019 4802 East Broadway, Madison, Wisconsin Regional Director, 3535 Market Street, Room BILLING CODE 4510±23±P 53716 M300, Gateway Building, Philadelphia, 2918 W. Willow Knolls Road, Peoria, Illinois Pennsylvania 19104 61614 District Supervisor, 1730 K Street NW., Suite DEPARTMENT OF LABOR 8344 East R.L. Thornton Freeway, Suite 420, 556, Washington, DC 20006 Office of Workers' Compensation Dallas, Texas 75228 Regional Director, 61 Forsyth Street, SW., 611 East 6th Street, Grant Building, Room Room 7B54, Atlanta, Georgia 30303 Programs 303, Austin, Texas 78701 District Supervisor, 111 N.W. 183rd Street, Suite 504, Miami, Florida 33169 20 CFR Part 10 Westbank Building, Suite 820, 505 Marquette Regional Director, 1885 Dixie Highway, Suite Avenue, NW, Albuquerque, New Mexico 210, Ft. Wright, Kentucky 41011 RIN 1215±AB18 87102 District Supervisor, 211 West Fort Street, 2156 Wooddale Boulevard, Hoover Annex, Suite 1310, Detroit, Michigan 48226–3211 Use and Disclosure of Federal Suite 200, Baton Rouge, Louisiana 70806 Regional Director, 200 West Adams Street, Employees' Compensation Act Claims Wilson Plaza, 606 N. Carancahua, Suite 700, Suite 1600, Chicago, Illinois 60606 File Material Corpus Christi, Texas 78401 Regional Director, City Center Square, 1100 Federal Office Building, 1205 Texas Avenue, Main Street, Suite 1200, Kansas City, AGENCY: Employment Standards Room 422, Lubbock, Texas 79401 Missouri 64105 Administration, Office of Workers’ 350 North Sam Houston Parkway East, Room District Supervisor, 815 Olive Street, Room Compensation Programs, Labor. 120, Houston, Texas 77060 338, St. Louis, Missouri 63101 ACTION: Notice of proposed rulemaking 17625 El Camino Real, Suite 400, Houston, Regional Director, 525 Griffin Street, Room and request for comments. Texas 77058 707, Dallas, Texas 75202 420 West Main Place, Suite 300, Oklahoma Regional Director, 71 Stevenson Street, Suite SUMMARY: The Department of Labor’s City, Oklahoma 73102 915, PO Box 190250, San Francisco, Office of Worker’ Compensation North Starr II, Suite 430, 8713 Airport California 94119–0250 District Director, 1111 Third Avenue, Room Programs (OWCP), is proposing to revise Freeway, Fort Worth, Texas 76180–7604 the regulations regulating the release, Savers Building, Suite 828, 320 West Capitol 860, Seattle, Washington 98101–3212 Regional Director, Suite 514, 790 E. Colorado use, and disclosure of documents Avenue, Little Rock, Arkansas 72201 Blvd, Pasadena, California 91101 relating to claims filed under the 4171 North Mesa Street, Room C119, El Paso, Federal Employees’ Compensation Act Texas 79902 Regional Administrators, Veterans’ 6200 Connecticut Avenue, Suite 100, Kansas Employment and Training Service (VETS) (FECA). More specifically, the Department is also revising its City, Missouri 64120 Region I 911 Washington Avenue, Room 420, St. regulation to reserve to the OWCP the J.F. Kennedy Federal Building, Government Louis, Missouri 63101 exclusive authority for ruling on Center, Room E–315, Boston, requests submitted by the subject of the 210 Walnut Street, Room 815, Des Moines, Massachusetts 02203 Iowa 50309 FECA file for the correction or 300 Epic Center, 301 North Main, Wichita, Region II amendment of any record contained in Kansas 67202 201 Varick Street, Room 766, New York, New such file. York 10014 Overland—Wolf Building, Room 100, 6910 DATES: Written comments must be Pacific Street, Omaha, Nebraska 68106 Region III submitted on or before September 26, 5799 Broadmoor, Suite 338, Mission, Kansas U.S. Customs House, Room 305, Second and 66202 1997. Chestnut Streets, Philadelphia, ADDRESSES: Send written comments to 19 North 25th Street, Billings, Montana Pennsylvania 19106 59101 Thomas M. Markey, Director for Federal 220 E. Rosser, Room 348, P.O. Box 2439, Region IV Employees’ Compensation, Employment Bismarck, North Dakota 58501 Atlanta Federal Center, 61 Forsyth Street, Standard Administration, U.S. 7935 East Prentice Avenue, Suite 209, SW., Room 6T85, Atlanta, Georgia 30303 Department of Labor, Room S–3229, 200 Englewood, Colorado 80011–2714 Region V Constitution Avenue, NW., Washington, 1391 Speer Boulevard, Suite 210, Denver, 230 South Dearborn, Room 1064, Chicago, DC 20210–0002. Telephone: (202) 219– Colorado 80204 Illinois 60604 7552. 1781 South 300 West, P.O. Box 65200, Salt Lake City, Utah 84165–0200 Region VI FOR FURTHER INFORMATION CONTACT: 71 Stevenson Street, Room 415, San 525 Griffin Street, Room 205, Dallas, Texas Thomas M. Markey at the address and Francisco, California 94105 75202 telephone number listed above. 300 Ala Moana Boulevard, Suite 5122, P.O. Region VII SUPPLEMENTARY INFORMATION: All claim Box 50072, Honolulu, Hawaii 96850 Center City Square, 1100 Main Street, Suite forms, medical and other reports, 3221 North 16th Street, Suite 100, Phoenix, 850, Kansas City, Missouri 64105 witness statements, and any other Arizona 85016 Region VIII documents relating to claims filed by 1050 East William, Suite 435, Carson City, injured workers or their survivors under Nevada 89701 1801 California Street, Suite 910, Denver, the Federal Employees’ Compensation 301 West Northern Lights Boulevard, Suite Colorado 80202–2614 Act (FECA), 5 U.S.C. 8101 et seq., 407, Anchorage, Alaska 99503 Region IX 3050 North Lakeharbor Lane, Suite 134, including copies of any such documents 71 Stevenson Street, Suite 705, San Boise, Idaho 83703 retained by the employing agencies, are Francisco, California 94105 505 16th Avenue, Northeast, Belleview, official records of the OWCP. Further, Washington 98004 Region X all FECA-related documents, whether 1220 Southwest Third Avenue, Room 640, 1111 Third Avenue, Suite 800, Seattle, they are contained in claim files Portland, Oregon 97204 Washington 98101–3212 maintained by OWCP, or are copies Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40419 maintained by the injured worker’s Paperwork Reduction Act accordance with the rules, guidelines employing agency, are covered by the The proposed rule is not subject to the and provisions of this part, as well as Privacy Act of 1974 and the Paperwork Reduction Act since it does those contained in 29 CFR parts 70 and government-wide Privacy Act system of not contain a collection of information 71, and with the notice of the system of records entitled DOL/GOVT–1 (Office of requirement. records and routine uses published in Workers’ Compensation Programs, the Federal Register. All questions Federal Employees’ Compensation Act List of Subjects in 20 CFR Part 10 relating to access/disclosure, and/or File). DOL/GOVT–1 was last published Claims, Government employees, amendment of FECA records in the Federal Register at 58 FR 49556 Labor, Workers’ Compensation. maintained by the Office or the (September 23, 1993). That system is For the reasons set forth in the employing agency, are to be resolved in maintained by, and is under the full preamble, it is proposed that part 10 of accordance with this section. control of OWCP, even though custody Chapter 1 of title 20 of the Code of (b)(1) While an employing agency of copies of such records may be at the Federal Regulations be amended as may establish procedures that an employing agency. follows: injured employee or beneficiary should The Department is proposing to revise follow in requesting access to § 10.12 part 10 to clarify the provisions PART 10ÐCLAIMS FOR documents it maintains, any decision relating to the processing and handling COMPENSATION UNDER THE issued in response to such a request of requests for copies of documents FEDERAL EMPLOYEES' must comply with the rules and covered by DOL/GOVT–1. Although COMPENSATION ACT, AS AMENDED regulations of the Department of Labor employing agencies continue to be which govern all other aspects of authorized to respond to requests for 1. The authority citation for part 10 is safeguarding these records. copies of FECA-related documents in revised to read as follows: (2) No employing agency has the their custody, the proposed regulations Authority: 5 U.S.C. 301; Reorganization authority to issue determinations with would reserve to OWCP the exclusive Plan No. 6 of 1950, 15 FR 3174,64 Stat. 1263; respect to requests for the correction or authority for ruling on requests for the 5 U.S.C. 8149; Secretary’s Order 5–96, 62 FR amendment of records contain in or correction of, or amendment to 107. covered by DOL/GOVT–1. That document covered by DOL/GOVT–1. 2. Section 10.12 is revised to read as authority is within the exclusive control Further, all appeals from the denial of follows: of the Office. Thus, any request for access to records, as well as denials of correction or amendment received by an requests for the correction or § 10.12 Protection, release, inspection and employing agency must be referred to copying of records. amendment of documents, shall be filed the Office of review and decision. with the Solicitor of Labor. (a) All records relating to claims for (3) Any administrative appeal taken benefits filed under the Act, including Procedural Matters from a denial issued by the employing any copies of such records maintained agency or the Office shall be filed with The proposed rule does not constitute by an employing agency, are covered by the Solicitor of Labor in accordance a significant regulatory action within the government-wide Privacy Act with 29 CFR 71.7 and 71.9. the meaning of Executive Order 12866 system of records entitled DOL/GOVT– of September 30, 1993 (58 FR 51735). 1 (Office of Workers’ Compensation Signed at Washington, DC, this 17th day of Further, this proposed rule will have no Programs, Federal Employees’ July, 1997. significant impact or other substantial Compensation Act File). This system of Bernard E. Anderson, effect on small entities. Accordingly, the records is maintained by and under the Assistant Secretary for Employment requirements of the Regulatory control of the Office, and, as such, all Standards. Flexibility Act (5 U.S.C. 605(b)) do not records covered by DOL/GOVT–1 are Shelby Hallmark, apply. The Assistant Secretary has so official records of the Office. The Acting Director, Office of Workers’ certified to the Chief Counsel for protection, release, inspection and Compensation Programs. Advocacy for the Small Business copying of records covered by DOL/ [FR Doc. 97–19475 Filed 7–25–97; 8:45 am] Administration. GOVT–1 shall be accomplished in BILLING CODE 4510±27±M federal register July 28,1997 Monday Direct GrantPrograms;FinalRule 34 CFRPart75 Education Department of Part III 40421 40422 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
DEPARTMENT OF EDUCATION comments should be sent to: Greg Vick, Extending a Project Period U.S. Department of Education, Grants As currently written, § 75.261, 34 CFR Part 75 Policy and Oversight Staff, Mail Stop binding on all classes of grantees, 4248, Washington, DC 20202. Copies of RIN: 1880±AA76 requires them to take certain steps comments submitted to the Department before the Department will consider Direct Grant Programs will be available for public inspection, extending the end date of a project until the regulations become effective, period. This regulation conflicts with AGENCY: Department of Education. in Room 3652, GSA National Capital the Secretary’s discretion under ACTION: Final rule. Region Building, 7th and D Streets, SW., § 74.25(e). The new language for Washington, DC between the hours of § 75.261 provides that grantees of the SUMMARY: The Secretary amends Part 75, 9:00 a.m. and 4:30 p.m., Monday Department may extend their grants as Education Department General through Friday of each week except provided in Part 74 unless a statute, Administrative Regulations (EDGAR), Federal holidays. certain regulations or a grant condition which governs the administration of the prohibits that discretion. Department’s discretionary grant FOR FURTHER INFORMATION CONTACT: Greg There are situations in which the programs. These amendments revise Vick, (202) 708–8199. Individuals who Secretary might prohibit a grantee from certain sections of Part 75 to remove use a telecommunications device for the exercising the no-prior-approval conflicts with Part 74, which was deaf (TDD) may call the Federal discretion otherwise available under the revised in July 1994. These amendments Information Relay Service (FIRS) at 1– revised § 75.261 by including conditions provide virtually all discretionary 800–877–8339 between 8 a.m. and 5 in the notification of grant award. For grantees the greater administrative p.m., Eastern time, Monday through example, some grants that support flexibility to take certain actions Friday. programs for training teachers include without the prior approval of the SUPPLEMENTARY INFORMATION: funds for both salaries for professors Department that is permitted under the Background and scholarships for students. If a revised Part 74 for grantees subject to grantee does not receive new funding that part. Special Projects and Centers On November 29, 1993 (58 FR 62992), for its program, the grantee may try to funded by the National Institute on the Office of Management and Budget extend the project period of the award Disability and Rehabilitation Research (OMB) published a revised version of and use any remaining funds to pay will continue to need prior approval to OMB Circular A–110, which establishes salaries for professors without paying extend their projects due to unique uniform administrative requirements for stipends to students so they could circumstances associated with those Federal grants and cooperative benefit from the program. To avoid such programs. The Secretary retains agreements awarded to institutions of a result, the Secretary might require discretion under these amendments to higher education, hospitals, and other prior approval for an extension. require prior approval for any of the non-profit organizations. On July 6, The Secretary also would refuse to actions permitted under the revised 1994 (59 FR 34722), the Secretary permit a grantee to extend its project regulations if needed in appropriate revised Part 74 (Administration of period if, pursuant to statute, the funds circumstances. Grants) of EDGAR to apply the would not be available for expenditure EFFECTIVE DATES: These regulations take provisions of the revised circular to (liquidation of obligations) during the effect on August 27, 1997. These Department of Education grantees that extended period. Under the account regulations apply to direct grants are members of the covered groups. closing provisions of Public Law 101– outstanding on the effective date of the The revised Part 74 gave the Secretary 510, funds must be obligated and regulations and to all grants made on or discretion to dispense with certain prior expended within five years after their after the effective date of the approval procedures in Part 74 and availability for obligation by ED expired. regulations. With respect to the various OMB circulars, in order to If funds are not obligated and expended following NIDRR programs, these permit a grantee: (1) To extend its grant by a grantee within this period, they regulations become applicable on automatically at the end of a project revert automatically to the U.S. October 1, 1997: period for a period of up to one year Treasury. If a grantee were to The Knowledge Dissemination and without prior approval if the unilaterally extend its project period so Utilization Centers and Disability and Department obligated no additional that the funds were no longer available Technical Assistance Centers programs funds; (2) to carry funds over from one for expenditure, the grantee would under 34 CFR Part 350, Subpart B, budget period to the next without suffer from the automatic withdrawal of §§ 350.17–350.19; limitation; (3) to obligate funds up to 90 its authority to liquidate obligations at The Rehabilitation Research and days before the effective date of the the start of or in the middle of a budget Training Centers program under 34 CFR grant award without prior approval; and period. Part 350, Subpart C; (4) to make transfers of funds between The Secretary does not expect this The Rehabilitation Engineering direct cost budget categories for certain unanticipated consequence in the future Research Centers program under 34 CFR kinds of grants. However, because because the Department is in the Part 350, Subpart D; regulations in Part 80, which applies to process of converting to a new financial The Special Projects and governments, and Part 75, which management system that will track all Demonstrations for Spinal Cord Injuries applies to direct grants to any kind of funds by the fiscal year they were made programs under 34 CFR Part 359. organization, conflict with the new rules available for obligation by the ADDRESSES: While the Secretary is in Part 74, these amendments are Department. Under this new financial publishing these procedural rules as needed to remove the barriers to use of management system, grantees would be final regulations, the Secretary is the discretion authorized in Part 74. required to expend funds from earlier interested in comments on the effect of Under the amendments, virtually all budget periods of their grants before these changes and ways to improve the direct grantees of the Department can drawing on funds from later budget discretionary grant administration benefit from the reduced burden in Part periods. Budget periods for process of the Department. Written 74. discretionary grants are not exactly Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40423 synchronous with the period funds are program and EDGAR regulations that instances where the Department has available for obligation by ED. However, become effective on October 1, 1997. either reduced the amount of new funds requiring grantees to obligate funds from made available for a new budget period Carrying Funds Forward earlier budget periods will ensure that, or might reduce the amount of new when a grantee gets to its last budget Section 75.253(c) provides that the funds, depending on what information period, the funds obligated during that Secretary considers funds remaining the Department gets from regular last period will not have been available unused by the grantee at the end of a grantee reports or, in limited to the grantee more than five years after budget period in deciding how much circumstances, from information the end of the availability for obligation new money to make available to a provided under § 75.253(c)(2)(i). by the Department. During the period of project for the next budget period. transition to the new financial system, Under the current regulation, if the Spending Grant Funds Before Getting ED will monitor expenditures closely unused funds are needed to complete an Award activities from the prior budget period, and might include conditions in some Both Part 74 and Part 80 incorporate grants that would require prior approval the Secretary adds those unused funds to the funds to be granted for the next by reference OMB circulars A–21, A–87, for extensions. Thus, ED could check its and A–122, which govern allowable records to be sure that the grantee budget period, with the result that the grantee gets funds sufficient to complete expenditures under most grant awards, would have funds available for thus giving them the force of law. The expenditure under the account-closing the unfinished activities and to carry out all new activities as well. relevant circulars allow grantees to provisions of Public Law 101–510 expend funds before the effective date of before permitting any extension. However, if the funds are not needed to complete unfinished activities, the the award only with the prior approval Certain programs of NIDRR require Secretary reduces the amount of new of the awarding agency (so-called ‘‘pre- special treatment regarding the funds made available to the grant by the agreement’’ or ‘‘pre-award’’ costs). authority of grantees to extend their amount of remaining funds that are Section 74.25(e)(1) now allows a grantee grants. As a result, the regulations carried into the next budget period. to incur certain pre-award costs under require grantees to request prior Thus the Department’s current the conditions specified in that section. approval to extend their projects under regulation—in the same manner as the However, no similar authority exists in the Knowledge Dissemination and new Part 74—has traditionally provided Part 80 for grantees subject to that Part. Utilization Centers and Disability and for carrying over unused funds from a The Secretary adds a new § 75.263, Technical Assistance Centers programs, previous budget period but requires the which permits all types of grantees to Rehabilitation Research and Training Secretary to consider those funds in expend funds before the effective date of Centers program, the Rehabilitation deciding how much new money to make the grant as permitted in § 74.25, unless Engineering Research Centers program, available to a grantee. a statute, regulations other than Part 80 and the Special Projects and The Secretary sees the value in many regulations, or, in rare circumstances, Demonstrations for Spinal Cord Injuries or most cases of letting grantees carry all grant conditions prohibit those programs. The special regulation for of their unused funds forward expenditures. these NIDRR programs is necessary to automatically and making all of the prevent confusion among constituents remaining funds from the previous Cumulative Transfers Among Budget that could result if there were more than budget period available for obligation Categories one center or special project in a given during the next budget period, topical or geographical area. Also, if especially since doing so will eliminate Under Part 80 recipients of grants in some of the grantees under these a significant paperwork burden for the excess of $100,000 are required to programs lost competitions for the next many grantees who otherwise would obtain the approval of the Department centers or special projects grants and have to write to the Department to before making cumulative cost transfers extended their projects, the Assistant request specific authorization for among categories in a project budget Secretary might be unable to ensure that carrying over unused funds to the that would exceed ten percent of the each of these grantees would have following budget period. current total approved budget access to the required ED information Therefore, the Secretary amends (§ 80.30(c)(1)(ii)). By contrast, the and expertise or to the multi-center § 75.253(c) so that it clearly provides revised Part 74 authorizes grantees to databases required for many that grantees may carry over unused make these transfers unless the rehabilitation research grantees. funds from the previous budget period Secretary imposes a limitation on The Secretary has established a into a new budget period and gives the transfers in a particular case. Thus, Part delayed effective date for the regulations Secretary discretion to consider those 80 grantees and those subject to Part 74 as applied to these programs because funds in determining whether to reduce are subject to inconsistent treatment in their regulations were recently the amount of new funds made available regard to this matter. To resolve this amended, changing many of the to the grant for the next budget period. discrepancy, the Secretary adds a new citations to the relevant subparts and Examples of cases where the Secretary § 75.264, which has the effect of sections. The program amendments might use this discretion include grants applying the rule in Part 74 to all become effective on October 1, 1997. to ‘‘high-risk’’ grantees, grants that do grantees, including those covered by Thus, to avoid the confusion of multiple not show a sufficient rate of expenditure Part 80. citations in the regulations, these to indicate substantial progress had Conclusion amendments are made effective for been made by the grantee, as required these programs on the same date as the by § 75.253(a)(2)(i), or awards where the These amendments reduce regulatory program regulations become effective. grantee has completed the activities of and administrative burden on The end result of the delayed effective the budget period and does not need discretionary grantees and give them date is that the current regulation, extra funds to cover the activities more flexibility in planning and requiring prior approval for extension of planned for the next budget period. The implementing their program activities. grants past the end of the project period, conditions of a continuation award will These regulations also reduce will be continued under the new alert the grantee in those specific paperwork burden. 40424 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations
Waiver of Proposed Rulemaking any other agency or authority of the 3. Section 75.261 is amended by In accordance with the United States. redesignating the current paragraphs (a) and (b) as paragraphs (c) and (d); adding Administrative Procedure Act (5 U.S.C. List of Subjects in 34 CFR Part 75 new paragraphs (a) and (b); revising the 553), it is the practice of the Secretary Administrative practice and to offer interested parties the introductory text of the newly procedure, Continuation funding, designated paragraph (c); amending opportunity to comment on proposed Education, Grant programs—education, regulations. However, these newly designated paragraph (c)(4)(ii)(C) Grants administration, Incorporation by by removing ‘‘(a)(4)(ii)(A)’’ and adding, amendments make procedural changes reference, Performance reports, only and do not establish new in its place, ‘‘(c)(4)(ii)(A)’’; and adding Reporting and record keeping ‘‘Waiver.’’ at the beginning of newly substantive policy. Therefore, under 5 requirements, Unobligated funds. U.S.C. 553(b)(A), proposed rulemaking designated paragraph (d) to read as is not required. (Catalog of Federal Domestic Assistance follows: Number does not apply) § 75.261 Extension of a project period. Regulatory Flexibility Act Certification Dated: July 21, 1997. These regulations would not have a Richard W. Riley, (a) General rule. A grantee may, significant economic impact on a Secretary of Education. notwithstanding any regulatory substantial number of small entities. The Secretary amends part 75 of title requirement in 34 CFR part 80, extend These regulations could affect State 34 of the Code of Federal Regulations as the project period of an award one time agencies, nonprofit organizations, follows: for a period up to twelve months institutions of higher education and without the prior approval of the individuals. State agencies, and PART 75ÐDIRECT GRANT Secretary, if— individuals, however, are not defined as PROGRAMS (1) The grantee meets the ‘‘small entities’’ in the Regulatory 1. The authority citation for part 75 requirements for extension of 34 CFR Flexibility Act. continues to read as follows: 74.25(e)(2); and The small entities that could be (2) ED regulations other than the affected by these regulations are Authority: 20 U.S.C. 1221e–3 and 3474, unless otherwise noted. regulations in 34 CFR part 80, statutes institutions of higher education, local or the conditions of an award do not 2. Section 75.253(c) is revised to read educational agencies, community-based prohibit the extension. organizations, hospitals, and nonprofit as follows: organizations receiving Federal funds (b) Specific rule for certain programs § 75.253 Continuation of a multi-year of the National Institute on Disability under a direct grant program. The final project after the first budget period. regulations, however, would not have a and Rehabilitation Research. * * * * * significant economic impact on these Notwithstanding paragraph (a) of this (c)(1) Notwithstanding any regulatory section, grantees under the following entities because the amendments relieve requirements in 34 CFR part 80, a regulatory burden. programs of NIDRR must request prior grantee may expend funds that have not approval to extend their grants under Paperwork Reduction Act of 1995 been obligated at the end of a budget paragraph (c) of this section: period for obligations of the subsequent The amendments have been examined budget period if— (1) The Knowledge Dissemination and under the Paperwork Reduction Act of (i) The obligation is for an allowable Utilization Centers and Disability and 1995 and have been found to contain no cost that falls within the scope and Technical Assistance Centers authorized information collection requirements. objectives of the project; and under 29 U.S.C. 761a(b)(2), (4), (5), (6), These regulations reduce paperwork (ii) ED regulations other than 34 CFR and (11) and implemented at 34 CFR burden. part 80, statutes, or the conditions of the part 350, subpart B, §§ 350.17–350.19. Intergovernmental Review grant do not prohibit the obligation. (2) The Rehabilitation Research and Training Centers program authorized Some of the programs that would be Note: See 34 CFR 74.25(e)(2). under 29 U.S.C. 762(b) and affected by these regulations are subject (2) The Secretary may— implemented at 34 CFR part 350, to the requirements of Executive Order (i) Require the grantee to send a subpart C. 12372 and the regulations in 34 CFR written statement describing how the Part 79. The objective of the Executive funds made available under this section (3) The Rehabilitation Engineering order is to foster an intergovernmental will be used; and Research Centers authorized under 29 partnership and a strengthened (ii) Determine the amount of new U.S.C. 762(b)(3) and implemented at 34 federalism by relying on processes funds that the Department will make CFR part 350, subpart D. developed by States and local available for the subsequent budget (4) The Special Projects and governments for coordination and period after considering the statement Demonstrations for Spinal Cord Injuries review of proposed Federal financial the grantee provides under paragraph authorized under 29 U.S.C. 762(b)(4) assistance. (c)(2)(i) of this section or any other and implemented at 34 CFR part 359. information available to the Secretary In accordance with the order, this (c) Other regulations. If ED document is intended to provide early about the use of funds under the grant. (3) In determining the amount of new regulations, other than the regulations notification of the Department’s specific in 34 CFR part 80, or the conditions of plans and actions for these programs. funds to make available to a grantee under this section, the Secretary the award require the grantee to get Assessment of Education Impact considers whether the unobligated prior approval to extend the project period, the Secretary may permit the Based on its own review, the funds made available are needed to grantee to extend the project period if— Department has determined that the complete activities that were planned regulations in this document would not for completion in the prior budget * * * * * require transmission of information that period. 4. A new § 75.263 is added to subpart is being gathered by or is available from * * * * * D to read as follows: Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40425
§ 75.263 Pre-award costs; waiver of (Authority: 20 U.S.C. 1221e–3 and 3474; (a) ED regulations other than 34 CFR approval. OMB Circulars A–21, A–87, and A–122) part 80 or a statute prohibit these A grantee may, notwithstanding any 5. A new § 75.264 is added to subpart transfers; or requirement in 34 CFR part 80, incur D to read as follows: (b) The conditions of the grant pre-award costs as specified in 34 CFR 74.25(e)(1) unless— § 75.264 Transfers among budget prohibit these transfers. (a) ED regulations other than 34 CFR categories. (Authority: 20 U.S.C. 1221e–3 and 3474) A grantee may, notwithstanding any part 80 or a statute prohibit these costs; [FR Doc. 97–19761 Filed 7–25–97; 8:45 am] or requirement in 34 CFR part 80, make (b) The conditions of the award transfers as specified in 34 CFR 74.25 BILLING CODE 4000±01±P prohibit these costs. unless— i
Reader Aids Federal Register Vol. 62, No. 144 Monday, July 28, 1997
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 457...... 37000, 39189 For additional information 523±5227 800...... 38488 Proclamations: Presidential Documents 920...... 36231, 36743 6641 (See 927...... 40310 Executive orders and proclamations 523±5227 Proclamation The United States Government Manual 523±5227 930...... 36020 7011) ...... 35909 981...... 36233 6763 (See 985...... 36236 Proclamation 989...... 40312 Other Services 7011) ...... 35909 Electronic and on-line services (voice) 523±4534 1005...... 39470 7011...... 35909 1007...... 39470 Privacy Act Compilation 523±3187 7012...... 39413 1011 ...... 36022, 37524, 39470 523±5229 TDD for the hearing impaired Executive Orders: 1046...... 39470 12721 (See EO 1137...... 37524 ELECTRONIC BULLETIN BOARD 13054) ...... 36965 1944...... 36467 12852 (Amended by Free Electronic Bulletin Board service for Public Law numbers, EO 13053)...... 39945 8 CFR Federal Register finding aids, and list of documents on public 13017 (Amended by 103...... 39417 inspection. 202±275±0920 EO 13056)...... 39415 245...... 39417 FAX-ON-DEMAND 13052...... 35659 274a...... 39417 13053...... 39945 301...... 39926 You may access our Fax-On-Demand service. You only need a fax 13054...... 36965 316...... 36447 machine and there is no charge for the service except for long 13056...... 39415 distance telephone charges the user may incur. The list of Proposed Rules: Memorandums: 204...... 38041 documents on public inspection and the daily Federal Register’s July 16, 1997 ...... 38421 table of contents are available using this service. The document 9 CFR numbers are 7050-Public Inspection list and 7051-Table of 5 CFR Contents list. The public inspection list will be updated 890...... 38433 77...... 37125 immediately for documents filed on an emergency basis. 7201...... 36447 78...... 38443 92...... 38445 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON Proposed Rules: 880...... 35693 Proposed Rules: FILE AND NOT THE ACTUAL DOCUMENT. Documents on 317...... 38220 public inspection may be viewed and copied in our office located 7 CFR 381...... 38220 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand telephone number is: 301±713±6905 2...... 37485, 40253 10 CFR 300...... 36967 301...... 36645, 36976 20...... 39058 FEDERAL REGISTER PAGES AND DATES, JULY 318...... 36967 30...... 39058 40...... 39058 35337±35658...... 1 354...... 39747 403...... 39917 50...... 39058 35659±35946...... 2 455...... 35661, 35662 51...... 39058 35947±36198...... 3 456...... 35666 70...... 39058 36199±36446...... 7 457 ...... 35662, 35666, 39917 72...... 39058 36447±36644...... 8 946...... 36199 Proposed Rules: 36645±36964...... 9 959...... 38203 20...... 39093 36965±37124...... 10 981...... 37485, 37488 40...... 39093 37125±37484...... 11 985...... 36646 430...... 36024, 38222 37485±37706...... 14 1005...... 39738 451...... 36025 1006...... 36650 37707±38014...... 15 11 CFR 38015±38202...... 16 1007...... 39738 38203±38420...... 17 1046...... 39738 104...... 35670 38421±38896...... 18 1137...... 35947 1208...... 40255 12 CFR 38897±39100...... 21 1215...... 39386 207...... 40257 39101±39414...... 22 1220...... 37488 220...... 40257 39415±39746...... 23 1280...... 38897 221...... 40257 39747±39916...... 24 1381...... 36651 224...... 40257 39917±40252...... 25 1437...... 36978 338...... 36201 40253±40426...... 28 3405...... 39316 790...... 37126 3406...... 39330 902...... 35948 Proposed Rules: Proposed Rules: 29...... 35452 9...... 36746 301...... 37159 202...... 37166 401...... 39189 226...... 38489 450...... 37000 250...... 37744 ii Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids
303...... 37748 200...... 36450 207...... 35716 31 CFR 325...... 37748 228...... 36450, 39755 251...... 35716 285...... 36205 326...... 37748 229...... 36450, 39755 252...... 35716 Proposed Rules: 327...... 37748 230...... 36450, 39755 255...... 35716 103...... 36475, 38511 346...... 37748 232...... 36450, 39755 266...... 35716 347...... 37748 239 ...... 35338, 36450, 39755 950...... 35718 32 CFR 351...... 37748 240 ...... 35338, 36450, 39755 953...... 35718 176...... 35343 362...... 37748 249...... 35338, 39755 955...... 35718 199...... 39940 545...... 39477 260...... 36450 1000...... 35718 270...... 39941 550...... 39477 269...... 35338 1003...... 35718 286...... 35351, 38197 563e...... 39477 1005...... 35718 Proposed Rules: 706...... 37719 611...... 38223 202...... 38495 3500...... 38489 614...... 38223 230...... 38495 33 CFR 620...... 38223 26 CFR 232...... 36467, 38483 27...... 35385, 39313 630...... 38223 239...... 38495 1 ...... 35673, 37490, 38027, 100 ...... 35387, 35388, 35390, 240...... 36467, 40316 39115, 40269, 40270 13 CFR 35391, 39443, 39775 249...... 36467 31...... 37490 117...... 38908 123...... 35337 270...... 38495 40...... 37490 144...... 35392 274...... 38495 54...... 35904 155...... 37134 14 CFR 301...... 39115 18 CFR 164...... 40270 39 ...... 35670, 35950, 35951, 602...... 35904 165 ...... 35392, 35393, 35394, 35953, 35956, 35957, 35959, 35...... 36657 Proposed Rules: 35395, 35396, 35398, 35399, 36448, 36652, 36978, 37127, 381...... 36981 1 ...... 35752, 35755, 37818, 35400, 35401, 35402, 35403, 37128, 37130, 37707, 37710, 37819, 38197, 40316 19 CFR 35405, 35680, 35968, 37135, 38015, 38017, 38204, 38206, 301 ...... 37819, 38197, 40316 38456, 39444, 39445, 40273, 38445, 38447, 38898, 39101, 101...... 37131 40276 27 CFR 39425, 39427, 39428, 39927, 122...... 37131 334...... 40278 40262, 40264, 40266, 40267 201...... 38018, 39438 Proposed Rules: Proposed Rules: 71 ...... 35894, 38208, 38209, Proposed Rules: 9...... 39984 84...... 36037 38210, 38211, 38212, 38213, 101...... 37526 100...... 38042 28 CFR 39429, 39430, 39431, 39432, 351...... 38948 110...... 38511 39433, 39434, 39435, 39929, 0...... 38028 117...... 35453, 38043 39930, 39931, 39932, 39933 20 CFR 2...... 40270 97...... 39435, 39437 404...... 38448 17...... 36984 34 CFR 121...... 38362 410...... 38448 32...... 37713, 39119 75...... 40422 125...... 38362 416...... 36460, 38448 544...... 39916 222...... 35406 129...... 38362 422...... 38448 Proposed Rules: 685...... 35602 135...... 38362 430...... 39933 2...... 40316 Proposed Rules: Proposed Rules: 36 CFR 25...... 37124, 38945 10...... 40418 29 CFR Proposed Rules: 39 ...... 35696, 35698, 35700, 702...... 35715 1600...... 36447 4...... 40317 35702, 35704, 35706, 35708, 1650...... 36447 242...... 39987 35709, 35711, 36240, 36747, 21 CFR 1910...... 40142 37170, 37778, 37788, 37798, 1...... 39439 1917...... 40142 37 CFR 37808, 38491, 38493, 39194, 50...... 39439 1918...... 40142 201...... 35420 39195, 39490l 39492, 39784, 165...... 36460 1926...... 37134 202...... 35420 39787, 39789, 39791, 39793, 175...... 39935 2200...... 35961 203...... 35420 39975 176...... 39770, 39937 2203...... 35961 71 ...... 35713, 37172, 39977, 178...... 36982, 39441 2204...... 35961 38 CFR 39978, 39979, 39980, 39981, 314...... 39890 2520...... 36205 1...... 35969 39982 510...... 38905, 39442 2590...... 35904 3 ...... 35421, 35969, 35970 187...... 38008 520 ...... 37711, 37712, 38905, 4000...... 36993 9...... 35969 401...... 36027 38906, 39443 4001...... 35342 21...... 35423, 40279 411...... 36027 522 ...... 37713, 38905, 38907 4004...... 37717 Proposed Rules: 413...... 36027 524...... 38907 4007...... 36663 17...... 39197 415...... 36027 600...... 39890 4010...... 36993 19...... 36038 417...... 36027 601...... 39890 4011...... 36993 21...... 35454, 35464 440...... 36028 610...... 39890 4043...... 36993 36...... 37824 640...... 39890 4071...... 36993 15 CFR 814...... 38026 4302...... 36993 39 CFR 922 ...... 35338, 36655, 39494 Proposed Rules: Proposed Rules: 111...... 39946 946...... 38901 Ch. I ...... 36243 70a...... 40406 3001...... 35424 Proposed Rules: 101...... 36749 71...... 40406 30...... 36242 872...... 38231 40 CFR 922...... 37818 1308...... 37004 30 CFR 9...... 37720 250...... 39773 50 ...... 38652, 38762, 38856 16 CFR 22 CFR 256...... 36995, 39773 52 ...... 35441, 35681, 36212, 601...... 35586 126...... 37133 902...... 35342 36214, 37136, 37138, 37494, 1000...... 36450 201...... 38026 946...... 35964 37506, 37510, 37722, 37724, 1017...... 36450 Proposed Rules: 38213, 38457, 38909, 38912, Proposed Rules: 24 CFR 202...... 38509 38915, 38918, 38919, 38922, 1700...... 38948 586...... 37478 206...... 36030, 38509 39120, 39446, 40139, 40280 Proposed Rules: 211...... 38509 53...... 38764 17 CFR 201...... 36194 250...... 37819 58...... 38764 4...... 39104 202...... 36194 935...... 36248, 38509 60...... 36664 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids iii
62...... 36995 12...... 40139 27...... 40236 9903...... 37654 63...... 36460, 37720 15...... 40139 29...... 40236 70...... 37514 109...... 35392 30...... 40236 49 CFR 81 ...... 35972, 38213, 40280 159...... 35392 31...... 40236 180 ...... 35683, 36665, 36671, 160...... 35392 32...... 40236 1...... 38478 36678, 36684, 36691, 37516, 199...... 35392 38...... 40236 171...... 39398 38464, 39950, 39956, 39962, 296...... 37733 42...... 40236 172...... 39398 39967 Proposed Rules: 45...... 40236 173...... 37149 185...... 38464 90...... 40035 46...... 40236 193...... 36465 186...... 38464 98...... 40035 50...... 40236 355...... 37150 268...... 37694 125...... 40035 51...... 40236 369...... 38034 281...... 36698 126...... 40035 52...... 40236 372...... 38035 300 ...... 35441, 35689, 35974, 127...... 40035 53...... 40236 382...... 37150 36997, 37522 128...... 40035 235...... 37146 383...... 37150 403...... 38406 129...... 40035 243...... 37146 384...... 37150 721...... 35689, 35690 130...... 40035 252...... 37146, 37147 389...... 37150 Proposed Rules: 131...... 40035 552...... 38475 391...... 37150 52 ...... 35756, 36249, 37007, 132...... 40035 1514...... 37148 392...... 37150 37172, 37175, 37526, 37527, 133...... 40035 1515...... 37148 531...... 37153 37832, 38949, 38950, 38951, 134...... 40035 1535...... 38476 1002...... 35692 39199, 39202, 39795 135...... 40035 1552...... 37148, 38476 1180...... 35692 55...... 38047 136...... 40035 1803...... 36704 Proposed Rules: 60...... 36948 170...... 40035 1804...... 36704 23...... 38952 62...... 37008 174...... 40035 1807...... 36704 26...... 38952 63...... 38053 175...... 40035 1809...... 36704 192...... 37008 1813...... 36704 70...... 36039, 37533 195...... 37008 47 CFR 1815...... 36704 80...... 37338 213...... 36138 1816...... 36704 81...... 38237 Ch. I ...... 36216 385...... 36039 0...... 40281 1819...... 36704 82...... 36428 525...... 39207 1 ...... 37408, 38029, 38475, 1822...... 36704 86...... 38053 571...... 36251 131...... 38512 39450 1824...... 36704 1825...... 36704 594...... 37847 141...... 36100 2...... 40281 1827...... 36704 1002...... 36477 142...... 36100 32...... 39450, 39776 1832...... 36704 1181...... 36480 180...... 35760, 38513 43...... 39776 1836...... 36704 1182...... 36477, 36480 186...... 35760 59...... 36998 1837...... 36704 1186...... 36480 260...... 37183 63...... 39451 1839...... 36704 1187...... 36477 261...... 37183 64...... 35974, 39776 68...... 36463 1842...... 36227, 37335 1188...... 36477, 36480 273...... 37183 73 ...... 36226, 36227, 36699, 1844...... 36704 300 ...... 38239, 40029, 40033 36700, 36701, 36678, 36684, 1845...... 36704 372...... 39797 50 CFR 36691, 37144, 37145, 37522, 1852...... 36704, 40308 799...... 37833 17 ...... 36481, 36482, 38932, 38029, 38030, 38031, 38032, 1853...... 36704 39129, 39147 38033, 38218, 39128, 39779, 1870...... 36704 42 CFR 20...... 39712 39780, 39781 Proposed Rules: 67...... 37124 227...... 38479 76...... 38029 4...... 36250 229...... 39157 Proposed Rules: 80...... 40281 7...... 36250 1001...... 39798 87...... 40281 8...... 36250 285 ...... 35447, 36998, 38036, 12...... 37874 38037, 38485, 38939 44 CFR Proposed Rules: 300...... 38037 Ch. I...... 36752, 38244, 40319 14...... 37874 62...... 39908 648 ...... 36704, 36738, 37154, 1...... 40036 15...... 36250, 37874 64...... 39448 37741, 38038 20...... 38951 16...... 36250 65 ...... 37727, 39123, 39125 660 ...... 35450, 36228, 38942, 52...... 36476 17...... 36250 39782 67...... 37729, 39127 68...... 36476 19...... 37874 Proposed Rules: 73 ...... 36250, 36756, 37008, 22...... 36250 678...... 38942 67...... 37834, 39203 38053, 38054, 38245, 38246, 27...... 36250 679 ...... 36018, 36739, 36740, 28...... 36250 36741, 37157, 37523, 38039, 45 CFR 39798 80...... 37533 31...... 35900, 36250 38943, 38944, 39782, 39783, 16...... 38217 32...... 36250 40309 74...... 38217 48 CFR 33...... 37874 Proposed Rules: 75...... 38217 Ch. VII...... 39452 35...... 36250 17 ...... 35762, 37852, 38953, 95...... 38217 1...... 40236 42...... 36250 38958, 39209, 39210, 40319, 146...... 35904 4...... 40236 43...... 36250 40325 148...... 35904 5...... 40236 44...... 36250 25...... 38959 Proposed Rules: 7...... 40236 45...... 36250 32...... 38959 Ch. XII...... 38241 8...... 40236 46...... 35900 100...... 39987 98...... 39610 9...... 40236 49...... 36250 216...... 39799 99...... 39610 11...... 40236 51...... 36250 285 ...... 36040, 36739, 36872 1201...... 38241 12...... 40236 52 ...... 35900, 36250, 37847 600...... 35468 15...... 40236 53...... 36250, 37847 622...... 35774 46 CFR 19...... 40236 245...... 37185 630...... 38246, 40039 10...... 40139, 40281 26...... 40236 252...... 37185 679...... 37860 iv Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids
REMINDERS Kentucky et al.; published 5- Veterans educationÐ Conditional exemptions for The items in this list were 27-97 Training by independent filing Shipper's Export editorially compiled as an aid Ohio et al.; published 7-28- study, including Declarations (SED) for to Federal Register users. 97 television; approval; tools of trade; comments Inclusion or exclusion from Virginia; published 6-26-97 published 7-28-97 due by 8-6-97; published this list has no legal Federal debt collection: 7-7-97 significance. Civil monetary penalties; COMMENTS DUE NEXT COMMERCE DEPARTMENT inflation adjustment; WEEK National Oceanic and published 6-27-97 Atmospheric Administration RULES GOING INTO JUSTICE DEPARTMENT Fishery conservation and EFFECT JULY 28, 1997 AGRICULTURE Parole Commission DEPARTMENT management: Federal prisoners; paroling Agricultural Marketing Alaska; fisheries of AGRICULTURE and releasing, etc.: Service Exclusive Economic DEPARTMENT ZoneÐ Transfer treaty cases; Cherries (tart) grown inÐ Organization, functions, and published 7-28-97 Bering Sea and Aleutian Michigan et al.; comments authority delegations: Islands groundfish; NATIONAL AERONAUTICS due by 8-4-97; published comments due by 8-4- Under Secretary for Farm AND SPACE 7-3-97 ADMINISTRATION 97; published 6-5-97 and Foreign Agricultural Kiwifruit grown in California; Atlantic highly migratory Services et al.; published Acquisition regulations: comments due by 8-6-97; species; CFR parts 7-28-97 FAR supplement (NFS); published 7-7-97 rewrite consolidation; comments COMMERCE DEPARTMENT AGRICULTURE Correction; published 7- due by 8-4-97; published National Oceanic and DEPARTMENT 28-97 7-17-97 Atmospheric Administration Farm Service Agency NUCLEAR REGULATORY Caribbean, Gulf, and South Fishery conservation and Program regulations: Atlantic fisheriesÐ management: COMMISSION Fee schedules revision; 100% Section 515 rural rental Gulf of Mexico and South West Coast States and housing loans; requests Atlantic coastal Western Pacific fee recovery (1997 FY); published 5-29-97 processing (Exhibit A-8); migratory pelagic fisheriesÐ comments due by 8-7-97; resources; comments Pacific Coast groundfish; TRANSPORTATION published 7-8-97 due by 8-7-97; published 6-27-97 DEPARTMENT published 6-23-97 Coast Guard AGRICULTURE DEFENSE DEPARTMENT DEPARTMENT Magnuson-Stevens Fishery International Conventions on Conservation and Vocational rehabilitation and Standards of Training, Food Safety and Inspection education: Service Management Act; Certification and implementation: Veterans educationÐ Watchkeeping for Seafarers Meat and poultry inspection: Limited access permits; 1978 (STCW): Continuous immersion Training by independent central title and lien study, including Licensing and chilling of split poultry portions; comments due registry; comments due by television; approval; documentation of 8-5-97; published 5-7-97 published 7-28-97 personnel serving on U.S. by 8-5-97; published 6-6- 97 COMMERCE DEPARTMENT DEFENSE DEPARTMENT seagoing vessels; published 6-26-97 Patent and Trademark Office Engineers Corps AGRICULTURE Merchant marine officers and DEPARTMENT Patent cases: Danger zones and restricted seamen: Practice rules; trademark areas: Rural Business-Cooperative Licensing and Service trial and appeal board Pacific Ocean waters north documentation of Program regulations: proceedings; comments of Naval Air Weapons due by 8-4-97; published personnel serving on U.S. Section 515 rural rental Station, Point Mugu, seagoing vessels 6-5-97 Ventura County, CA; housing loans; requests Correction; published 7- DEFENSE DEPARTMENT published 7-28-97 processing (Exhibit A-8); 28-97 comments due by 8-7-97; Acquisition regulations: ENVIRONMENTAL Ports and waterways safety: published 7-8-97 Contingent fees-foreign PROTECTION AGENCY Towing vessels; navigation AGRICULTURE military sales; comments Air pollutants, hazardous; safety equipment DEPARTMENT due by 8-4-97; published national emission standards: requirements; published 7- Rural Housing Service 6-5-97 Polymer and resin 28-97 Program regulations: Contract financing payments production facilities (Group Vocational rehabilitation and distribution; comments Section 515 rural rental IV); published 6-6-97 education: due by 8-4-97; published housing loans; requests Air quality implementation Veterans educationÐ 6-5-97 processing (Exhibit A-8); plans; approval and Training by independent comments due by 8-7-97; Control of munitions and promulgation; various study, including published 7-8-97 strategic list items and States: television; approval; demilitarization of excess American Samoa et al.; published 7-28-97 AGRICULTURE property under correction; published 6-27- TRANSPORTATION DEPARTMENT Government contracts; 97 DEPARTMENT Rural Utilities Service comments due by 8-4-97; Pennsylvania; published 6- Federal Aviation Program regulations: published 6-5-97 11-97 Administration Section 515 rural rental Federal Acquisition Regulation Virginia; published 6-13-97 Airworthiness directives: housing loans; requests (FAR): processing (Exhibit A-8); Air quality implementation AlliedSignal Inc.; published Affirmative action reform in √ √ 5-29-97 comments due by 8-7-97; Federal procurement; plans; A approval and published 7-8-97 promulgation; various VETERANS AFFAIRS comments due by 8-8-97; States; air quality planning DEPARTMENT COMMERCE DEPARTMENT published 7-15-97 purposes; designation of Vocational rehabilitation and Census Bureau ENERGY DEPARTMENT areas: education: Foreign trade statistics: Acquisition regulations: Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids v
Certification of cost Broadcast licensees; main comments due by 8-8-97; and terminals; comments submissions and studio and public published 7-15-97 due by 8-8-97; published assessment of penalties inspection file SECURITIES AND 6-9-97 on unallowable costs, etc.; requirements; comments EXCHANGE COMMISSION comments due by 8-4-97; due by 8-8-97; published TREASURY DEPARTMENT Electronic Data Gathering, published 6-4-97 6-12-97 Customs Service Personnel assurance program: Analysis, and Retrieval FEDERAL MEDIATION AND System (EDGAR): Merchandise entry: DOE and DOE contractor CONCILIATION SERVICE employees assigned Institutional investment Informal entry value limit Arbitration services: nuclear explosive duties managers; Form 13F increase to $2000; at DOE facilities; Expedited arbitration; electronic filing maximum amount; procedures and standards; comments due by 8-4-97; requirement; comments comments due by 8-8-97; comments due by 8-4-97; published 6-30-97 due by 8-7-97; published published 6-9-97 published 6-4-97 GENERAL SERVICES 7-8-97 TREASURY DEPARTMENT ENVIRONMENTAL ADMINISTRATION TRANSPORTATION PROTECTION AGENCY Federal Acquisition Regulation DEPARTMENT Internal Revenue Service Air pollution control; new (FAR): Coast Guard Income taxes: motor vehicles and engines: Affirmative action reform in Ports and waterways safety: Light-duty vehicle and Inbound grantor trusts with Federal procurement; trucksÐ Delaware Bay approaches; foreign grantors; comments due by 8-8-97; traffic separation scheme; comments due by 8-4-97; On-board diagnostics published 7-15-97 requirements; comments comments due by 8-7-97; published 6-5-97 due by 8-8-97; INTERIOR DEPARTMENT published 5-9-97 Miami, FL; regulated Trusts and estates published 7-16-97 Fish and Wildlife Service residency; foreign or Motorcycles (1997 and later Endangered and threatened navigation area; comments due by 8-8-97; domestic trusts; definition; model years); 3-wheeled species: comments due by 8-4-97; vehicles weighing up to published 6-9-97 Findings on petitions, etc.Ð published 6-5-97 1749 pounds included in Regattas and marine parades: Mountain yellow-legged regulatory definition; Hurricane Offshore Classic; TREASURY DEPARTMENT frog; comments due by comments due by 8-4-97; comments due by 8-5-97; 8-7-97; published 7-8-97 Thrift Supervision Office published 6-3-97 published 7-16-97 Air programs: Recovery plansÐ Mutual holding companies: TRANSPORTATION Stratospheric ozone Lee County cave isopod; DEPARTMENT Subsidiary stock holding protectionÐ comments due by 8-4- companies; establishment; Sale of halon blends, 97; published 6-19-97 Federal Aviation Administration comments due by 8-4-97; intentional release of Migratory bird hunting: published 6-5-97 halon, technician Airworthiness directives: Early-season regulations training, and disposal of VETERANS AFFAIRS (1997-98); frameworks; Boeing; comments due by halon and halon- 8-8-97; published 6-9-97 DEPARTMENT containing equipment; comments due by 8-5-97; published 7-23-97 Fairchild; comments due by Adjudication; pensions, comments due by 8-6- 8-7-97; published 6-4-97 97; published 7-7-97 INTERIOR DEPARTMENT compensation, dependency, General Electric Co.; etc.: Air quality implementation Minerals Management comments due by 8-8-97; plans; approval and Service Nonservice-connected published 6-9-97 promulgation; various Royalty management: disability; claims based on States: Saab; comments due by 8- aggravation; comments Oil valuation; Federal leases California; comments due by 4-97; published 6-24-97 due by 8-4-97; published and Federal royalty oil 8-6-97; published 7-7-97 Commercial launch vehicles; 6-4-97 sale; comments due by 8- Drinking water: licensing regulations; 4-97; published 7-3-97 Board of Veterans Appeals: National primary drinking comments due by 8-4-97; water regulationsÐ INTERIOR DEPARTMENT published 7-3-97 Appeals regulations and Chemical monitoring Surface Mining Reclamation Commercial space launch rules of practiceÐ reform and permanent and Enforcement Office activities, licensed; financial Field facility with original monitoring relief; Permanent program and responsibility requirements; jurisdiction; remand for comments due by 8-4- abandoned mine land comments due by 8-4-97; further development; 97; published 7-3-97 reclamation plan published 7-3-97 comments due by 8-4- Water pollution control: submissions: VOR Federal airways; 97; published 7-3-97 Great Lakes System; water comments due by 8-5-97; Ohio; comments due by 8- Veterans' Health Care quality guidanceÐ 4-97; published 7-18-97 published 6-20-97 Mercury permitting Eligibility Reform Act of strategy; comments due NATIONAL AERONAUTICS TRANSPORTATION 1996; implementation: AND SPACE DEPARTMENT by 8-5-97; published 6- Sensori-neural aids (i.e., ADMINISTRATION 6-97 Research and Special eyeglasses, contact FEDERAL Federal Acquisition Regulation Programs Administration lenses, hearing aids); COMMUNICATIONS (FAR): Pipeline safety: furnishing guidelines; COMMISSION Affirmative action reform in Low-stress hazardous liquid comments due by 8-4-97; Radio broadcasting: Federal procurement; pipelines serving plants published 6-3-97 vi Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids
CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: ●1–59 ...... (869–032–00037–9) ...... 44.00 Jan. 1, 1997 This checklist, prepared by the Office of the Federal Register, is ●60–139 ...... (869–032–00038–7) ...... 38.00 Jan. 1, 1997 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–032–00039–5) ...... 16.00 Jan. 1, 1997 ● numbers, prices, and revision dates. 200–1199 ...... (869–032–00040–9) ...... 30.00 Jan. 1, 1997 ●1200–End ...... (869–032–00041–7) ...... 21.00 Jan. 1, 1997 An asterisk (*) precedes each entry that has been issued since last week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–032–00042–5) ...... 21.00 Jan. 1, 1997 ● 300–799 ...... (869–032–00043–3) ...... 32.00 Jan. 1, 1997 A `` '' precedes each entry that is now available on-line through ● the Government Printing Office's GPO Access service at http:// 800–End ...... (869–032–00044–1) ...... 22.00 Jan. 1, 1997 www.access.gpo.gov/nara/cfr. For information about GPO Access 16 Parts: call 1-888-293-6498 (toll free). ●0–999 ...... (869–032–00045–0) ...... 30.00 Jan. 1, 1997 ● A checklist of current CFR volumes comprising a complete CFR set, 1000–End ...... (869–032–00046–8) ...... 34.00 Jan. 1, 1997 also appears in the latest issue of the LSA (List of CFR Sections 17 Parts: Affected), which is revised monthly. ●1–199 ...... (869–032–00048–4) ...... 21.00 Apr. 1, 1997 The annual rate for subscription to all revised volumes is $951.00 *●200–239 ...... (869–032–00049–2) ...... 32.00 Apr. 1, 1997 domestic, $237.75 additional for foreign mailing. ●240–End ...... (869–032–00050–6) ...... 40.00 Apr. 1, 1997 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be *●1–399 ...... (869–032–00051–4) ...... 46.00 Apr. 1, 1997 accompanied by remittance (check, money order, GPO Deposit ●400–End ...... (869–032–00052–2) ...... 14.00 Apr. 1, 1997 Account, VISA, Master Card, or Discover). Charge orders may be 19 Parts: telephoned to the GPO Order Desk, Monday through Friday, at (202) ●1–140 ...... (869–032–00053–1) ...... 33.00 Apr. 1, 1997 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your ●141–199 ...... (869–032–00054–9) ...... 30.00 Apr. 1, 1997 charge orders to (202) 512-2250. ●200–End ...... (869–032–00055–7) ...... 16.00 Apr. 1, 1997 Title Stock Number Price Revision Date 20 Parts: ●1, 2 (2 Reserved) ...... (869–032–00001–8) ...... $5.00 Feb. 1, 1997 ●1–399 ...... (869–032–00056–5) ...... 26.00 Apr. 1, 1997 ●400–499 ...... (869–032–00057–3) ...... 46.00 Apr. 1, 1997 ●3 (1996 Compilation ●500–End ...... (869–032–00058–1) ...... 42.00 Apr. 1, 1997 and Parts 100 and 101) ...... (869–032–00002–6) ...... 20.00 1 Jan. 1, 1997 21 Parts: ●1–99 ...... (869–032–00059–0) ...... 21.00 Apr. 1, 1997 ●4 ...... (869–032–00003–4) 7.00 Jan. 1, 1997 ●100–169 ...... (869–032–00060–3) ...... 27.00 Apr. 1, 1997 5 Parts: ●170–199 ...... (869–032–00061–1) ...... 28.00 Apr. 1, 1997 ●1–699 ...... (869–032–0004–2) ...... 34.00 Jan. 1, 1997 ●200–299 ...... (869–032–00062–0) ...... 9.00 Apr. 1, 1997 ●700–1199 ...... (869–032–00005–1) ...... 26.00 Jan. 1, 1997 ●300–499 ...... (869–028–00069–0) ...... 50.00 Apr. 1, 1996 ●1200–End, 6 (6 500–599 ...... (869–032–00064–6) ...... 28.00 Apr. 1, 1997 Reserved) ...... (869–032–00006–9) ...... 33.00 Jan. 1, 1997 ●600–799 ...... (869–032–00065–4) ...... 9.00 Apr. 1, 1997 ●800–1299 ...... (869–028–00072–0) ...... 30.00 Apr. 1, 1996 7 Parts: ●1300–End ...... (869–032–00067–1) ...... 13.00 Apr. 1, 1997 ●0–26 ...... (869–032–00007–7) ...... 26.00 Jan. 1, 1997 ●27–52 ...... (869–032–00008–5) ...... 30.00 Jan. 1, 1997 22 Parts: ●53–209 ...... (869–032–00009–3) ...... 22.00 Jan. 1, 1997 1–299 ...... (869–032–00068–9) ...... 42.00 Apr. 1, 1997 ●210–299 ...... (869–032–00010–7) ...... 44.00 Jan. 1, 1997 ●300–End ...... (869–032–00069–7) ...... 31.00 Apr. 1, 1997 ● 300–399 ...... (869–032–00011–5) ...... 22.00 Jan. 1, 1997 ●23 ...... (869–028–00076–2) ...... 21.00 Apr. 1, 1996 ●400–699 ...... (869–032–00012–3) ...... 28.00 Jan. 1, 1997 ●700–899 ...... (869–032–00013–1) ...... 31.00 Jan. 1, 1997 24 Parts: ● ●900–999 ...... (869–032–00014–0) ...... 40.00 Jan. 1, 1997 0–199 ...... (869–032–00071–9) ...... 32.00 Apr. 1, 1997 ●1000–1199 ...... (869–032–00015–8) ...... 45.00 Jan. 1, 1997 200–499 ...... (869–032–00072–7) ...... 29.00 Apr. 1, 1997 ●1200–1499 ...... (869–032–00016–6) ...... 33.00 Jan. 1, 1997 500–699 ...... (869–032–00073–5) ...... 18.00 Apr. 1, 1997 ● ●1500–1899 ...... (869–032–00017–4) ...... 53.00 Jan. 1, 1997 700–1699 ...... (869–032–00074–3) ...... 42.00 Apr.1, 1997 ● ●1900–1939 ...... (869–032–00018–2) ...... 19.00 Jan. 1, 1997 * 1700–End ...... (869–032–00075–1) ...... 18.00 Apr. 1, 1997 ●1940–1949 ...... (869–032–00019–1) ...... 40.00 Jan. 1, 1997 ●25 ...... (869–032–00076–0) ...... 42.00 May 1, 1997 ●1950–1999 ...... (869–032–00020–4) ...... 42.00 Jan. 1, 1997 ●2000–End ...... (869–032–00021–2) ...... 20.00 Jan. 1, 1997 26 Parts: ●§§ 1.0-1–1.60 ...... (869–032–00077–8) ...... 21.00 Apr. 1, 1997 ●8 ...... (869–032–00022–1) ...... 30.00 Jan. 1, 1997 *●§§ 1.61–1.169 ...... (869–032–00078–6) ...... 44.00 Apr. 1, 1997 ● 9 Parts: * §§ 1.170–1.300 ...... (869–032–00079–4) ...... 31.00 Apr. 1, 1997 ●1–199 ...... (869–032–00023–9) ...... 39.00 Jan. 1, 1997 *§§ 1.301–1.400 ...... (869–032–00080–8) ...... 22.00 Apr. 1, 1997 ●200–End ...... (869–032–00024–7) ...... 33.00 Jan. 1, 1997 §§ 1.401–1.440 ...... (869–032–00081–6) ...... 39.00 Apr. 1, 1997 §§ 1.441-1.500 ...... (869-032-00082-4) ...... 22.00 Apr. 1, 1997 10 Parts: §§ 1.501–1.640 ...... (869–032–00083–2) ...... 28.00 Apr. 1, 1997 ●0–50 ...... (869–032–00025–5) ...... 39.00 Jan. 1, 1997 §§ 1.641–1.850 ...... (869–032–00084–1) ...... 33.00 Apr. 1, 1997 ●51–199 ...... (869–032–00026–3) ...... 31.00 Jan. 1, 1997 *§§ 1.851–1.907 ...... (869–032–00085–9) ...... 34.00 Apr. 1, 1997 ●200–499 ...... (869–032–00027–1) ...... 30.00 Jan. 1, 1997 *§§ 1.908–1.1000 ...... (869–032–00086–7) ...... 34.00 Apr. 1, 1997 ●500–End ...... (869–032–00028–0) ...... 42.00 Jan. 1, 1997 §§ 1.1001–1.1400 ...... (869–032–00087–5) ...... 35.00 Apr. 1, 1997 ●11 ...... (869–032–00029–8) ...... 20.00 Jan. 1, 1997 §§ 1.1401–End ...... (869–032–00088–3) ...... 45.00 Apr. 1, 1997 2–29 ...... (869–032–00089–1) ...... 36.00 Apr. 1, 1997 12 Parts: 30–39 ...... (869–032–00090–5) ...... 25.00 Apr. 1, 1997 ●1–199 ...... (869–032–00030–1) ...... 16.00 Jan. 1, 1997 40–49 ...... (869–032–00091–3) ...... 17.00 Apr. 1, 1997 ●200–219 ...... (869–032–00031–0) ...... 20.00 Jan. 1, 1997 50–299 ...... (869–032–00092–1) ...... 18.00 Apr. 1, 1997 ●220–299 ...... (869–032–00032–8) ...... 34.00 Jan. 1, 1997 300–499 ...... (869–032–00093–0) ...... 33.00 Apr. 1, 1997 ●300–499 ...... (869–032–00033–6) ...... 27.00 Jan. 1, 1997 500–599 ...... (869–032–00094–8) ...... 6.00 4 Apr. 1, 1990 ●500–599 ...... (869–032–00034–4) ...... 24.00 Jan. 1, 1997 600–End ...... (869–032–00095–3) ...... 9.50 Apr. 1, 1997 ●600–End ...... (869–032–00035–2) ...... 40.00 Jan. 1, 1997 27 Parts: ●13 ...... (869–032–00036–1) ...... 23.00 Jan. 1, 1997 1–199 ...... (869–032–00096–4) ...... 48.00 Apr. 1, 1997 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids vii
Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–032–00097–2) ...... 17.00 Apr. 1, 1997 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3 28 Parts: ...... 3–6 ...... 14.00 July 1, 1984 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–028–00106–8) ...... 35.00 July 1, 1996 3 43-end ...... (869-028-00107-6) ...... 30.00 July 1, 1996 8 ...... 4.50 July 1, 1984 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–028–00108–4) ...... 26.00 July 1, 1996 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–028–00109–2) ...... 12.00 July 1, 1996 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–028–00110–6) ...... 48.00 July 1, 1996 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–028–00111–4) ...... 20.00 July 1, 1996 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 1–100 ...... (869–028–00159–9) ...... 12.00 July 1, 1996 1910.999) ...... (869–028–00112–2) ...... 43.00 July 1, 1996 101 ...... (869–028–00160–2) ...... 36.00 July 1, 1996 1910 (§§ 1910.1000 to 102–200 ...... (869–028–00161–1) ...... 17.00 July 1, 1996 end) ...... (869–028–00113–1) ...... 27.00 July 1, 1996 201–End ...... (869–028–00162–9) ...... 17.00 July 1, 1996 1911–1925 ...... (869–028–00114–9) ...... 19.00 July 1, 1996 1926 ...... (869–028–00115–7) ...... 30.00 July 1, 1996 42 Parts: 1927–End ...... (869–028–00116–5) ...... 38.00 July 1, 1996 ●1–399 ...... (869–028–00163–7) ...... 32.00 Oct. 1, 1996 ●400–429 ...... (869–028–00164–5) ...... 34.00 Oct. 1, 1996 30 Parts: ●430–End ...... (869–028–00165–3) ...... 44.00 Oct. 1, 1996 1–199 ...... (869–028–00117–3) ...... 33.00 July 1, 1996 200–699 ...... (869–028–00118–1) ...... 26.00 July 1, 1996 43 Parts: 700–End ...... (869–028–00119–0) ...... 38.00 July 1, 1996 ●1–999 ...... (869–028–00166–1) ...... 30.00 Oct. 1, 1996 ●1000–end ...... (869–028–00167–0) ...... 45.00 Oct. 1, 1996 31 Parts: 0–199 ...... (869–028–00120–3) ...... 20.00 July 1, 1996 ●44 ...... (869–028–00168–8) ...... 31.00 Oct. 1, 1996 200–End ...... (869–028–00121–1) ...... 33.00 July 1, 1996 45 Parts: 32 Parts: ●1–199 ...... (869–028–00169–6) ...... 28.00 Oct. 1, 1996 1–39, Vol. I ...... 15.00 2 July 1, 1984 ●200–499 ...... (869–028–00170–0) ...... 14.00 6 Oct. 1, 1995 1–39, Vol. II ...... 19.00 2 July 1, 1984 ●500–1199 ...... (869–028–00171–8) ...... 30.00 Oct. 1, 1996 1–39, Vol. III ...... 18.00 2 July 1, 1984 ●1200–End ...... (869–028–00172–6) ...... 36.00 Oct. 1, 1996 1–190 ...... (869–028–00122–0) ...... 42.00 July 1, 1996 191–399 ...... (869–028–00123–8) ...... 50.00 July 1, 1996 46 Parts: ● 400–629 ...... (869–028–00124–6) ...... 34.00 July 1, 1996 1–40 ...... (869–028–00173–4) ...... 26.00 Oct. 1, 1996 ● 630–699 ...... (869–028–00125–4) ...... 14.00 5 July 1, 1991 41–69 ...... (869–028–00174–2) ...... 21.00 Oct. 1, 1996 ● 700–799 ...... (869–028–00126–2) ...... 28.00 July 1, 1996 70–89 ...... (869–028–00175–1) ...... 11.00 Oct. 1, 1996 ● 800–End ...... (869–028–00127–1) ...... 28.00 July 1, 1996 90–139 ...... (869–028–00176–9) ...... 26.00 Oct. 1, 1996 ●140–155 ...... (869–028–00177–7) ...... 15.00 Oct. 1, 1996 33 Parts: ●156–165 ...... (869–028–00178–5) ...... 20.00 Oct. 1, 1996 1–124 ...... (869–028–00128–9) ...... 26.00 July 1, 1996 ●166–199 ...... (869–028–00179–3) ...... 22.00 Oct. 1, 1996 125–199 ...... (869–028–00129–7) ...... 35.00 July 1, 1996 ●200–499 ...... (869–028–00180–7) ...... 21.00 Oct. 1, 1996 200–End ...... (869–028–00130–1) ...... 32.00 July 1, 1996 ●500–End ...... (869–028–00181–5) ...... 17.00 Oct. 1, 1996 34 Parts: 47 Parts: 1–299 ...... (869–028–00131–9) ...... 27.00 July 1, 1996 ●0–19 ...... (869–028–00182–3) ...... 35.00 Oct. 1, 1996 ...... 300–399 (869–028–00132–7) 27.00 July 1, 1996 ●20–39 ...... (869–028–00183–1) ...... 26.00 Oct. 1, 1996 400–End ...... (869–028–00133–5) ...... 46.00 July 1, 1996 ●40–69 ...... (869–028–00184–0) ...... 18.00 Oct. 1, 1996 35 ...... (869–028–00134–3) ...... 15.00 July 1, 1996 ●70–79 ...... (869–028–00185–8) ...... 33.00 Oct. 1, 1996 ● 36 Parts 80–End ...... (869–028–00186–6) ...... 39.00 Oct. 1, 1996 1–199 ...... (869–028–00135–1) ...... 20.00 July 1, 1996 48 Chapters: 200–End ...... (869–028–00136–0) ...... 48.00 July 1, 1996 ●1 (Parts 1–51) ...... (869–028–00187–4) ...... 45.00 Oct. 1, 1996 ● 37 ...... (869–028–00137–8) ...... 24.00 July 1, 1996 1 (Parts 52–99) ...... (869–028–00188–2) ...... 29.00 Oct. 1, 1996 ●2 (Parts 201–251) ...... (869–028–00189–1) ...... 22.00 Oct. 1, 1996 38 Parts: ●2 (Parts 252–299) ...... (869–028–00190–4) ...... 16.00 Oct. 1, 1996 0–17 ...... (869–028–00138–6) ...... 34.00 July 1, 1996 ●3–6 ...... (869–028–00191–2) ...... 30.00 Oct. 1, 1996 18–End ...... (869–028–00139–4) ...... 38.00 July 1, 1996 ●7–14 ...... (869–028–00192–1) ...... 29.00 Oct. 1, 1996 39 ...... (869–028–00140–8) ...... 23.00 July 1, 1996 ●15–28 ...... (869–028–00193–9) ...... 38.00 Oct. 1, 1996 ●29–End ...... (869–028–00194–7) ...... 25.00 Oct. 1, 1996 40 Parts: ●1–51 ...... (869–028–00141–6) ...... 50.00 July 1, 1996 49 Parts: ●52 ...... (869–028–00142–4) ...... 51.00 July 1, 1996 ●1–99 ...... (869–028–00195–5) ...... 32.00 Oct. 1, 1996 ●53–59 ...... (869–028–00143–2) ...... 14.00 July 1, 1996 ●100–185 ...... (869–028–00196–3) ...... 50.00 Oct. 1, 1996 60 ...... (869-028-00144-1) ...... 47.00 July 1, 1996 ●186–199 ...... (869–028–00197–1) ...... 14.00 Oct. 1, 1996 ●61–71 ...... (869–028–00145–9) ...... 47.00 July 1, 1996 ●200–399 ...... (869–028–00198–0) ...... 39.00 Oct. 1, 1996 ●72–80 ...... (869–028–00146–7) ...... 34.00 July 1, 1996 ●400–999 ...... (869–028–00199–8) ...... 49.00 Oct. 1, 1996 ●81–85 ...... (869–028–00147–5) ...... 31.00 July 1, 1996 ●1000–1199 ...... (869–028–00200–5) ...... 23.00 Oct. 1, 1996 86 ...... (869–028–00148–3) ...... 46.00 July 1, 1996 ●1200–End ...... (869–028–00201–3) ...... 15.00 Oct. 1, 1996 ● 87-135 ...... (869–028–00149–1) ...... 35.00 July 1, 1996 50 Parts: ●136–149 ...... (869–028–00150–5) ...... 35.00 July 1, 1996 ● ● 1–199 ...... (869–028–00202–1) ...... 34.00 Oct. 1, 1996 150–189 ...... (869–028–00151–3) ...... 33.00 July 1, 1996 ●200–599 ...... (869–028–00203–0) ...... 22.00 Oct. 1, 1996 ● ...... 190–259 (869–028–00152–1) 22.00 July 1, 1996 ●600–End ...... (869–028–00204–8) ...... 26.00 Oct. 1, 1996 ●260–299 ...... (869–028–00153–0) ...... 53.00 July 1, 1996 ●300–399 ...... (869–028–00154–8) ...... 28.00 July 1, 1996 CFR Index and Findings ●400–424 ...... (869–028–00155–6) ...... 33.00 July 1, 1996 Aids ...... (869–032–00047–6) ...... 45.00 Jan. 1, 1997 ●425–699 ...... (869–028–00156–4) ...... 38.00 July 1, 1996 ●700–789 ...... (869–028–00157–2) ...... 33.00 July 1, 1996 Complete 1997 CFR set ...... 951.00 1997 ● 790–End ...... (869–028–00158–7) ...... 19.00 July 1, 1996 Microfiche CFR Edition: 41 Chapters: Subscription (mailed as issued) ...... 247.00 1997 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 Individual copies ...... 1.00 1997 viii Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Reader Aids
Title Stock Number Price Revision Date Complete set (one-time mailing) ...... 264.00 1996 Complete set (one-time mailing) ...... 264.00 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1997. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1996. The CFR volume issued July 1, 1991, should be retained. 6 No amendments were promulgated during the period October 1, 1995 to September 30, 1996. The CFR volume issued October 1, 1995 should be retained.