Pages 8169±8282 Vol. 60 2±13±95 No. 29 federal register February 13,1995 Monday issue. Dallas, TX,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,and Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995
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PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 29 Monday, February 13, 1995 Agricultural Research Service NOTICES NOTICES Meetings: Patent licenses; non-exclusive, exclusive, or partially Science Board task forces, 8222–8223 exclusive: Mantrose-Haeuser Co., Inc., 8220 Drug Enforcement Administration Oryx Resources, 8220 NOTICES Quincy Soybean Co., 8220 Schedules of controlled substances; production quotas: Schedule II— Agriculture Department 1995 proposed aggregate, 8251 See Agricultural Research Service See Rural Utilities Service Energy Department See Federal Energy Regulatory Commission Army Department NOTICES See Engineers Corps Committees; establishment, renewal, termination, etc.: NOTICES High Energy Physics Advisory Panel, 8232 Meetings: Grants and cooperative agreements; availability, etc.: Yakima Training Center and Cultural and Natural Glass industry; research, development, and Resources Committee, 8223 demonstration of new and advanced technology; correction, 8224–8225 Arts and Humanities, National Foundation Meetings: See National Foundation on the Arts and the Humanities Environmental Management Site Specific Advisory Board— Coast Guard Pantex Plant, 8225–8226 PROPOSED RULES Savannah River Site, 8225 Drawbridge operations: Secretary of Energy Advisory Board task forces, 8226 New Jersey, 8209–8211 NOTICES Engineers Corps Meetings: NOTICES Second Coast Guard District Industry Day, 8267–8268 Environmental statements; availability, etc.: Duluth-Superior Harbor, MN and WI; dredged material Commerce Department placement, 8223–8224 See Export Administration Bureau See International Trade Administration Environmental Protection Agency PROPOSED RULES Commodity Futures Trading Commission Superfund program: RULES National oil and hazardous substances contingency Organization, functions, and authority delegations: plan— Director, Trading and Markets Division, 8194–8195 National priorities list update, 8212–8217 NOTICES Consumer Product Safety Commission Meetings: RULES Gulf of Mexico Program Management Committee, 8232– Hazardous substances: 8233 Art materials; labeling standard and other requirements; Science Advisory Board, 8233 enforcement policy statement, 8188–8194 Executive Office of the President Copyright Office, Library of Congress See Presidential Documents RULES Copyright arbitration royalty panel rules and regulations; Export Administration Bureau correction, 8196–8199 NOTICES NOTICES Export privileges, actions affecting: North American Free Trade Agreement (NAFTA): Amiri, Reza Panjtan, et al., 8221 Copyright restoration of certain Mexican and Canadian motion pictures, 8252–8254 Export-Import Bank NOTICES Corporation for National and Community Service Agency information collection activities under OMB NOTICES review, 8233 Agency information collection activities under OMB review, 8222 Federal Aviation Administration PROPOSED RULES Defense Department Airworthiness directives: See Army Department Eurocopter Deutschland GmbH, 8205–8206 See Engineers Corps Lockheed, 8206–8209 IV Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Contents Federal Communications Commission Health Resources and Services Administration PROPOSED RULES NOTICES Common carrier services: Grants and cooperative agreements; availability, etc.: Operator services providers, 8217–8219 Maternal and child health services— Federal set-aside program et al., 8244–8249 Federal Deposit Insurance Corporation RULES Housing and Urban Development Department Capital maintenance: NOTICES Deferred tax assets limitations; insured state nonmember Low income housing: banks, 8182–8188 Housing assistance payments (Section 8)— Service coordinator funds (1995 FY), 8280–8282 Federal Energy Regulatory Commission Organization, functions, and authority delegations: NOTICES President, Government National Mortgage Association, Electric rate and corporate regulation filings: 8250 Austin Cogeneration Corp. et al., 8226–8228 Environmental statements; availability, etc.: Interior Department Columbia Gas Transmission Corp., 8228–8230 See Fish and Wildlife Service East Tennessee Natural Gas Co., 8230–8231 See Land Management Bureau Northern Natural Gas Co., 8231–8232 International Trade Administration Sunshine Interstate Transmission Co., 8232 NOTICES Countervailing duties: Federal Maritime Commission Leather wearing apparel from— NOTICES Mexico, 8221–8222 Ocean freight forwarders, marine terminal operations, and passenger vessels: Interstate Commerce Commission Automated Tariff Filing and Information System (ATFI)— NOTICES Tariff cancellations, 8233–8235 Railroad operation, acquisition, construction, etc.: Chicago SouthShore & South Bend Railroad, 8251 Federal Railroad Administration NOTICES Justice Department Meetings: See Drug Enforcement Administration Northeast Corridor Safety Committee, 8268 Labor Department Federal Reserve System See Mine Safety and Health Administration RULES Risk-based capital: Land Management Bureau Recourse and direct credit substitutes, 8177–8182 NOTICES NOTICES Alaska Native claims selection: Applications, hearings, determinations, etc.: Shishmaref Native Corp., 8250 Firstar Corp., 8235–8236 Jamestown Union Bancshares, Inc., 8236 Library of Congress See Copyright Office, Library of Congress Federal Trade Commission Mine Safety and Health Administration NOTICES PROPOSED RULES Prohibited trade practices: Nationally recognized testing laboratories, testing and California & Hawaiian Sugar Co. et al., 8236 evaluation by; equivalent testing and evaluation Levi Strauss & Co., 8236 requirements, 8209 Notations, Inc., et al., 8236–8237 Orchid Technology, 8237–8239 National Foundation on the Arts and the Humanities Penn Traffic Co., 8239–8243 NOTICES Meetings: Fish and Wildlife Service International Advisory Panel, 8254–8255 NOTICES Media Arts Advisory Panel, 8255 Meetings: Music Advisory Panel, 8255 North American Wetlands Conservation Council, 8250– 8251 National Highway Traffic Safety Administration RULES Food and Drug Administration Motor vehicle safety standards: NOTICES Lamps, reflective devices, and associated equipment— Food additive petitions: Replaceable light source dimensional information; Johnson Matthey Chemicals, 8243 lower beam headlighting requirements; Robinson Brothers Ltd., 8243–8244 photometric requirements removed, 8199–8202 New pneumatic tires; metric measurements, 8202–8204 Health and Human Services Department NOTICES See Food and Drug Administration Motor vehicle safety standards: See Health Resources and Services Administration Nonconforming vehicles— See National Institutes of Health Annual list, 8268–8275 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Contents V Motor vehicle safety standards; exemption petitions, etc.: Small Business Administration Spartan Motors, Inc., 8275 NOTICES Applications, hearings, determinations, etc.: National Institutes of Health AVI Capital, L.P., 8265 NOTICES Norwest Equity Partners V, 8265–8266 Meetings: Research Grants Division Behavioral and Neurosciences State Department Special Emphasis Panel, 8249 NOTICES Grants and cooperative agreements; availability, etc.: Nuclear Regulatory Commission Man and biosphere program; correction, 8266–8267 NOTICES Meetings: Environmental statements; availability, etc.: Defense Trade Advisory Group, 8267 Philadelphia Electric Co., 8255–8259 Pipeline facilities on U.S. borders; permit applications: Reports; availability, etc.: Chevron Pipeline Co., 8266 Management of radioactive material safety programs at medical facilities, 8259–8260 Tennessee Valley Authority Applications, hearings, determinations, etc.: RULES Entergy Operations, Inc., 8260 Administrative cost recovery, 8195–8196 NOTICES Pension Benefit Guaranty Corporation Meetings; Sunshine Act, 8277 NOTICES Agency information collection activities under OMB Transportation Department review, 8260–8261 See Coast Guard See Federal Aviation Administration Postal Rate Commission See Federal Railroad Administration PROPOSED RULES See National Highway Traffic Safety Administration Practice and procedure: United States Information Agency Post office closings or consolidations; appeals, 8211 NOTICES Presidential Documents Meetings: Public Diplomacy, U.S. Advisory Commission, 8275– EXECUTIVE ORDERS 8276 Foreign Intelligence Physical Searches (EO 12949), 8169 Public Health Service See Food and Drug Administration Separate Parts In This Issue See Health Resources and Services Administration See National Institutes of Health Part II Department of Housing and Urban Development, 8280– Rural Utilities Service 8282 RULES Telephone loans: State telecommunications modernization plans; system Reader Aids planning, design criteria, and procedures, 8171–8177 Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Securities and Exchange Commission Aids section at the end of this issue. NOTICES Agency information collection activities under OMB review, 8261–8262 Electronic Bulletin Board Self-regulatory organizations; proposed rule changes: Free Electronic Bulletin Board service for Public Law National Association of Securities Dealers, Inc., 8262 numbers, Federal Register finding aids, and a list of Applications, hearings, determinations, etc.: documents on public inspection is available on 202–275– Frank Russell Investment Co. et al., 8262–8265 1538 or 275–0920. VI Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Contents CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR Executive Orders: 12949...... 8169 7 CFR 1751...... 8171 12 CFR 208...... 8177 225...... 8177 325...... 8182 14 CFR Proposed Rules: 39 (2 documents) ...... 8205, 8206 16 CFR 1500...... 8188 17 CFR 140...... 8194 18 CFR 1310...... 8195 30 CFR Proposed Rules: 6...... 8209 18...... 8209 19...... 8209 20...... 8209 21...... 8209 22...... 8209 23...... 8209 26...... 8209 27...... 8209 29...... 8209 33...... 8209 35...... 8209 33 CFR Proposed Rules: 117...... 8209 37 CFR 251 (2 documents) ...... 8196, 8198 252...... 8196 253...... 8196 254...... 8196 255...... 8196 256...... 8196 257...... 8196 258...... 8196 259 (2 documents) ...... 8196, 8198 39 CFR Proposed Rules: 3001...... 8211 40 CFR Proposed Rules: 300...... 8212 47 CFR Proposed Rules: 64...... 8217 49 CFR 571 (2 documents) ...... 8199, 8202 8169 Federal Register Presidential Documents Vol. 60, No. 29 Monday, February 13, 1995 Title 3— Executive Order 12949 of February 9, 1995 The President Foreign Intelligence Physical Searches By the authority vested in me as President by the Constitution and the laws of the United States, including sections 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 (‘‘Act’’) (50 U.S.C. 1801, et seq.), as amended by Public Law 103–359, and in order to provide for the authoriza- tion of physical searches for foreign intelligence purposes as set forth in the Act, it is hereby ordered as follows: Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section. Sec. 2. Pursuant to section 302(b) of the Act, the Attorney General is author- ized to approve applications to the Foreign Intelligence Surveillance Court under section 303 of the Act to obtain orders for physical searches for the purpose of collecting foreign intelligence information. Sec. 3. Pursuant to section 303(a)(7) of the Act, the following officials, each of whom is employed in the area of national security or defense, is designated to make the certifications required by section 303(a)(7) of the Act in support of applications to conduct physical searches: (a) Secretary of State; (b) Secretary of Defense; (c) Director of Central Intelligence; (d) Director of the Federal Bureau of Investigation; (e) Deputy Secretary of State; (f) Deputy Secretary of Defense; and (g) Deputy Director of Central Intelligence. None of the above officials, nor anyone officially acting in that capacity, may exercise the authority to make the above certifications, unless that official has been appointed by the President, by and with the advice and consent of the Senate. œ– THE WHITE HOUSE, February 9, 1995. [FR Doc. 95–3671 Filed 2-9-95; 2:30 pm] Billing code 3195–01–P 8171 Rules and Regulations Federal Register Vol. 60, No. 29 Monday, February 13, 1995 This section of the FEDERAL REGISTER Regulatory Flexibility Act Certification Executive Order 12372 contains regulatory documents having general applicability and legal effect, most of which RUS has determined that this final This final rule is excluded from the are keyed to and codified in the Code of rule will not have a significant scope of Executive Order 12372, Federal Regulations, which is published under economic impact on a substantial Intergovernmental Consultation. A 50 titles pursuant to 44 U.S.C. 1510. number of small entities, as defined in Notice of Final Rule entitled the Regulatory Flexibility Act (5 U.S.C. Department Programs and Activities The Code of Federal Regulations is sold by Excluded from Executive Order 12372 the Superintendent of Documents. Prices of 601 et seq.). The RUS Telecommunications Program provides (50 FR 47034) exempts RUS and RTB new books are listed in the first FEDERAL loans and loan guarantees to REGISTER issue of each week. loans to RUS Borrowers at interest rates governmental and nongovernmental and terms that are more favorable than entities from coverage under this Order. those generally available from the DEPARTMENT OF AGRICULTURE private sector. RUS Borrowers, as a Background result of obtaining federal financing, Rural Utilities Service The Federal Crop Insurance Reform receive economic benefits which and Department of Agriculture ultimately offset any direct economic 7 CFR Part 1751 Reorganization Act of 1994 (Pub. L. costs associated with complying with 103–354, 108 Stat. 3178), RIN 0572±AB07 RUS regulations and requirements. (Reorganization Act), signed by Moreover, this action is in response to President Clinton on October 13, 1994, Telecommunications System Planning the Rural Electrification Loan and Design Criteria, and Procedures provides for a streamlining and Restructuring Act of 1993. reorganizing of the Department of AGENCY: Rural Utilities Service, USDA. Information Collection and Agriculture (Department). The ACTION: Final rule. Recordkeeping Requirements Reorganization Act requires the Secretary of Agriculture (Secretary) to SUMMARY: The Rural Utilities Service The reporting and recordkeeping establish the Rural Utilities Service (RUS) hereby amends its rule on State requirements contained in the final rule (RUS) within the Department. On Telecommunications Modernization have been submitted to OMB for October 20, 1994, the Secretary of Plans to incorporate changes in RUS approval in accordance with the Agriculture, in Secretary’s Telecommunications Program policy. Paperwork Reduction Act of 1980 (44 Memorandum 1010–1, abolished the These amendments also incorporate U.S.C. 3501 et seq.). Send comments Rural Electrification Administration suggestions received from the public in regarding this collection of information (REA) and established RUS, as required response to the proposed rule. All to: Department of Agriculture, Clearance by the Reorganization Act. Telephone Borrowers will be affected by Office, Office of Information Resources On December 20, 1993, RUS (formerly this final rule. Management, Room 404–W, REA) published an interim rule (58 FR EFFECTIVE DATE: March 15, 1995. Washington, DC 20250, and Regulatory 66250) to incorporate changes to FOR FURTHER INFORMATION CONTACT: Affairs of OMB, Attention: Desk Officer telephone loan policies required by the Orren E. Cameron III, Director, for USDA, Room 10102, New Executive Rural Electrification Loan Restructuring Telecommunications Standards Office Building, Washington, DC 20503. Act of 1993 (RELRA) (107 Stat. 1356). Division, U.S. Department of On April 13, 1994, RUS adopted its Agriculture, Rural Utilities Service, 14th National Environmental Policy Act interim rule as a final rule (59 FR 17460) & Independence Avenue, SW., Room Certification with one exception, 7 CFR Part 1751, 2835–S, Washington, DC 20250–1500, Telecommunications System Planning telephone number (202) 720–8663. RUS has determined that this final and Design Criteria, and Procedures. rule will not significantly affect the Because of the overwhelming response SUPPLEMENTARY INFORMATION: quality of the human environment as and concerns regarding the Executive Order 12866 defined by the National Environmental requirements of the State Policy Act of 1969 (42 U.S.C. 4321 et This final rule has been determined to Telecommunications Modernization seq.). Therefore, this action does not be significant and was reviewed by the Plan (Modernization Plan), RUS require an environmental impact Office of Management and Budget published proposed amendments to 7 statement or assessment. (OMB) under Executive Order 12866. CFR Part 1751, Subpart B on October 27, Catalog of Federal Domestic Assistance 1994 (59 FR 53939). Executive Order 12778 During the comment period RUS This final rule has been reviewed The program described by this final received 39 comments regarding the under Executive Order 12778, Civil rule is listed in the Catalog of Federal proposed rule and these comments were Justice Reform. This final rule will not: Domestic Assistance Programs under taken into consideration in preparing (1) Preempt any State or local laws, 10.851, Rural Telephone Loans and the final rule. Comments were received regulations, or policies, unless they Loan Guarantees, and 10.852, Rural from the following: present an irreconcilable conflict with Telephone Bank Loans. This catalog is (1) Colorado Public Utilities this rule; (2) Have any retroactive effect; available on a subscription basis from Commission Staff. and (3) Require administrative the Superintendent of Documents, the (2) Florida Public Service Commission. proceedings before parties may file suit United States Government Printing (3) Idaho Public Utilities Commission. challenging the provisions of this rule. Office, Washington, DC 20402–9325. (4) Illinois Commerce Commission. 8172 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations (5) Louisiana Public Service 1. Comment Summary. Many proposed rule. Some commenters Commission. commenters argued that the preferred the language in the response (6) Michigan Public Service Modernization Plan requirements in the to comments to the language presented Commission Staff. proposed rule go beyond a reasonable in the proposed rule. (7) Missouri Public Service reading of RELRA. More specifically, Response. The language in Commission. they said that RELRA requires § 1751.106(a)(5) was a restatement of the (8) Nebraska Public Service ‘‘objectives’’, but the proposed rule provision in RELRA. Paragraph (g), Commission. translates those into requirements, and (paragraph (f) in the proposed rule) of (9) New England Conference of Public sets deadlines for accomplishment of the subsection is RUS’s effort to clarify Utilities Commissioners, Inc. those requirements that are insensitive the term ‘‘uniform deployment (10) New York State Department of to market forces, technological schedules’’ and is intended to allow Public Service. development, and State regulatory Plan Developers some latitude in the (11) Ohio Public Utilities Commission. authority. timing of deployment of advanced (12) Pennsylvania Public Utility Response. RUS believes that a services. § 1751.106(a) has been Commission. Modernization Plan without service rewritten to clarify that it is a (13) Texas Public Utility Commission. improvement requirements, and restatement of RELRA so as to eliminate (14) Virginia State Corporation timeframes for achievement, would be any appearance of a conflict with Commission. ineffective in accomplishing the paragraph (g). (15) Wisconsin Public Service modernization of rural 4. Comment Summary. Many Commission. telecommunications infrastructure that commenters wonder what guidelines (16) Wyoming Public Service RELRA clearly intends. RELRA makes RUS will use to determine whether Commission. the Modernization Plan a condition to something is ‘‘technically or (17) National Association of Regulatory eligibility for certain financing programs economically feasible’’, under Utility Commissioners. administered by RUS. An ineffective § 1751.103(b) of the proposed rule. (18) GTE Service Corporation. Modernization Plan would undermine Response. Technical feasibility means (19) Joint comments from 15 RUS this direction of financing resources the equipment is available to do the job. Telephone Borrowers and 2 under RELRA. Economic feasibility means the job can consulting engineering companies In response to the substance of these be done at a reasonable cost. Every located in South Carolina. comments, RUS has recast its telecommunications loan processed by (20) TDS Telecom. requirements and timeframes. The long- RUS is studied for technical and (21) Unicom. term requirements have been changed to economic feasibility. Technical (22) United and Central Telephone goals, and some requirements have been feasibility of the loan is determined by Companies. reduced. From the comments received, telecommunications engineers with (23) National Emergency Number RUS believes that these changes will knowledge of current technology and Association. mitigate the concerns about facility costs. Economic feasibility is (24) Joint comments from the National marketability of required technologies. determined by the loan feasibility study Rural Telecom Association and the RUS again invites States to exercise which is a comprehensive consideration Western Rural Telephone their authority by taking advantage of of projected revenues and expenses for Association. the one year period of eligibility to the particular Borrower. The results of (25) Nebraska Telephone Association. prepare a Modernization Plan. RUS’s studies are submitted to the (26) North Dakota Association of 2. Comment Summary. One Borrower for concurrence before a loan Telephone Cooperatives. commenter noted that if no is approved. (27) National Telephone Cooperative Modernization Plan is developed for a 5. Comment Summary. One Association. State, thereby excluding the State from commenter pointed out that the (28) New York State Telephone some RUS program benefits, service extension process discussed in Association, Inc. rates would probably increase in the § 1751.106(b) may require Borrowers to (29) Joint comments from the Oklahoma State. Others expressed concern that request extensions from groups of other Rural Telephone Coalition, Rural investments made to comply with Borrowers who might have competitive Arkansas Telephone Systems, and Modernization Plan requirements would interests. This could happen if the Plan Texas Statewide Telephone affect other Telecommunications Developer is a Borrower group. Cooperative, Inc. Providers through the universal service Response. This has been rewritten to (30) Organization for the Protection and fund and other toll settlement plans. give this authority to RUS in those cases Advancement of Small Telephone Response. The Telecommunications where the Plan Developer is the Companies. Providers covered by Modernization majority of RUS Borrowers. (31) Oregon Independent Telephone Plans are interconnected with other 6. Comment Summary. Many Association. telecommunications carriers in many commenters opposed the requirement in (32) United States Telephone ways, and they are certainly § 1751.106(g)(2)(ii) for eliminating Association. interconnected economically. Borrowers inductive loading of copper loops. Some (33) Bell Atlantic Telephone and PUC’s can make various decisions commenters argued that Companies. that can jeopardize RUS funding of § 1751.106(g)(2)(ii) is contradictory to (34) Southwestern Bell Telephone projects, and these may affect service § 1751.103(b) in the proposed rule. Company. rates for subscribers and toll pool Response. The requirement in (35) U.S. West Communications, Inc. distributions. RELRA requires that no § 1751.106(g)(2)(ii) has been deleted. (36) MCI Telecommunications loans except guaranteed loans be made 7. Comment Summary. Some Corporation. in a State without a Modernization Plan. commenters expressed concern about (37) Kadrmas, Lee & Jackson, P.C. 3. Comment Summary. Many the exception process mentioned in (38) GVNW Inc/Management. commenters suggested that the language § 1751.106(g)(2)(i) in the proposed rule (39) Reed Veach Wurdeman and in § 1751.106(a)(5) is not consistent with for those who do not want the Associates. the language in § 1751.106(f) of the elimination of party line service. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8173 Response. The language providing for Modernization Plan would apply to all 15. Comment Summary. Many the elimination of party line service has Borrowers, and as defined that would commenters expressed displeasure with been revised to focus this requirement include past as well as present and the one year period for State eligibility on the capability of providing one-party future Borrowers. This would mean that with no extensions, and the rejection of service. RUS would apply RELRA requirements Borrower-prepared plans before the end 8. Comment Summary. Many retroactively. of that year. Also, one commenter commenters argued that the powering Response. This was not RUS’s intent. recommended that States be required to requirement in § 1751.106(h)(2)(ii) and The language has been changed to notify other interested parties 180 days § 1751.106(i)(2)(iv) in the proposed rule clarify that the Modernization Plan for before the expiration of the one year is not supported by industry consensus a State will only act to set requirements period of their intent to file or not to file at this time. Some suggested that this on Borrowers for certain kinds of loans, a proposed Modernization Plan. item be approached from a reliability and further, only if the loan is approved Response. Beginning with the standpoint. Some commenters believed after the date that the Modernization publication of this Final Rule, States this requirement covered powering of Plan is approved by RUS. have a one year period of eligibility for fax machines and PBXs. 11. Comment Summary. Some preparing a Modernization Plan. There Response. RUS does not want to see commenters thought that is no provision in RELRA for any party the reliability of basic § 1751.106(i)(2)(iii) in the proposed rule other than a State to prepare a telecommunications service decline as a was intended to eliminate plain old Modernization Plan until the expiration result of modernization. Such a decline telephone service (‘‘POTS’’) as a new of that one year. Regarding the will most certainly occur if local service offering, and that this long-term suggestion for advance notice of the powering is relied upon even for basic requirement would force subscribers to State’s intent to file, RUS agrees and has voice telephone service, because the purchase digital telephones. added language to § 1751.102 (b) to average annual outage time for a Response. This requirement has been request a State to inform RUS if it does residential line connected to the public deleted from the regulation as part of not intend to submit a proposed switched network is estimated at 105 the recasting of the Modernization Plan Modernization Plan. RUS will inform its minutes, whereas the average annual discussed above. Borrowers as well as telephone industry outage time for residential power users 12. Comment Summary. One associations when it has been notified is over 300 minutes. The final rule has commenter suggested that § 1751.105 be that a State does not intend to develop been revised to require that the Plan revised to state that no amended a Modernization Plan. Developer make ‘‘provision for’’ service 16. Comment Summary. Several Modernization Plan could increase the continuation during local power failure. commenters expressed opposition to requirements of a previously-approved Regarding the confusion over what has § 1751.106(e) in the proposed rule, Modernization Plan. to be resilient to local power failure, this which provides for Modernization Plan Response. RUS disagrees. This could provision was carefully written in the guidelines for the development of unreasonably limit a State or group of proposed rule to cover only basic voice affordable tariffs for medical links and Borrowers in their efforts to continue to communications in the event of a local distance learning services. Two modernize telecommunications systems power failure. RUS has rewritten this commenters argued that this provision in the State. provision to make this point without would usurp a PUC’s rate regulatory 13. Comment Summary. One mentioning specific equipment and authority by mandating a subsidy. technologies that need not be provided commenter is concerned whether RUS Response. One of the requirements of with alternative power. will follow 5 U.S.C. § 553 regarding RELRA is that the ‘‘Modernization Plan 9. Comment Summary. Many notice and comment procedures if the must provide for the availability of commenters expressed opposition to the rule is changed in the future. Another telecommunications services for medium-term requirement for switched commenter felt that RUS has no improved business, educational, and 1.544 Mb/sec service. Some commenters statutory authority to revise the rule medical services.’’ If such services are to suggested that this would be very after the final rule is issued. be ‘‘available’’ in any reasonable sense, expensive to provide. Others suggested Response. The underlying purpose of they must be affordable. that only a few central office switches the Modernization Plan is to stimulate 17. Comment Summary. Several could provide the service. One the continuing modernization of commenters suggested that RUS should commenter suggested the capability telephone service. RUS believes that it provide a model Modernization Plan. would be useless unless interexchange has the obligation to provide guidance Response. RUS believes, and most carriers could carry such signals. One to Plan Developers for updating their commenters have strongly asserted, that commenter noted that in Alaska, where Modernization Plans. As is stated in Modernization Plans can best be satellites play an important role in § 1751.105(e), RUS, if it revises the rule, developed by local State groups and connecting exchanges to the network, must follow the Administrative Telecommunications Providers. In view this requirement would be very Procedures Act. of the preponderance of comments difficult. 14. Comment Summary. One received on the proposed rule, RUS Response. The substance of the commenter expressed concern that declines to issue suggested language comments received has caused RUS to under § 1751.103 as written in the that might be seen as an ad hoc standard reconsider this requirement. The proposed rule, RUS could deny loans to for Modernization Plans. requirement for switched 1.544 Mb/sec all Borrowers in a State if any Borrower 18. Comment Summary. One service in the proposed rule has been does not participate in the commenter suggested that requirements changed to a requirement for the Modernization Plan. for improvements under Modernization transmission and reception of at least 1 Response. This was not RUS’s intent. Plans should be made conditional upon Mb/sec and the reception of video. The Language in this subsection has been adequate available federal capital and Plan Developer may specify how this is revised to clarify that only the Borrower cost recovery mechanisms. to be accomplished. who does not participate in the Response. Unless the PUC decides 10. Comment Summary. Two Modernization Plan is denied certain otherwise, the Modernization Plan commenters observed that the types of loans. requirements only apply to RUS 8174 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations Borrowers. Moreover, the only development. The real cost of failing to Response. As written, the enforcement of a Modernization Plan provide this infrastructure is a failing Modernization Plan will serve as pursuant to RELRA is denial of a loan rural economy, decline in rural requirements for all telephone to a Borrower that is not participating in subscribers and less revenue to the rural Borrowers seeking new financing. the Modernization Plan. Therefore, to a telecommunications provider. Modernization Plans developed by the considerable extent, Modernization Plan 24. Comment Summary. Many States may expand coverage to others in requirements are conditional upon the commenters found the approximate the telecommunications industry. availability of federal capital and cost restatement of a part of RELRA in List of Subjects in 7 CFR Part 1751 recovery mechanisms. § 1751.106(a) to be confusing and vague. 19. Comment Summary. Several It uses terms that do not seem to apply Loan programs—communications, commenters argued that RELRA did not to any communications industry Telecommunications, Telephone. give RUS the authority to require a segment such as ‘‘video images’’ and For reasons set forth in the preamble, modernization of the national ‘‘proper routing of information to chapter XVII of Title 7 of the Code of communications infrastructure. These subscribers’’. Federal Regulations is amended by commenters noted that this is contrary Response. This language has been revising part 1751 to read as follows: to the Communications Act of 1934 clarified to show that § 1751.106(a) is a objective of consolidating federal restatement of RELRA while the balance PART 1751ÐTELECOMMUNICATIONS authority over telecommunications into of the section implements the law. SYSTEM PLANNING AND DESIGN one agency. 25. Comment Summary. One CRITERIA, AND PROCEDURES Response. Through various financing commenter proposed that RUS should Subpart AÐ[Reserved] programs and technical initiatives, the automatically grant lien REA, now RUS, has been instrumental Sec. accommodations for Borrowers that do 1751.1–1751.99 [Reserved] in the modernization of the national not meet the minimum requirements of rural telecommunications infrastructure. their State Modernization Plan. Subpart BÐState Telecommunications Modernization Plan The provisions of RELRA as set forth in Response. RUS disagrees. To do so this final rule will continue that would negate RELRA’s purpose of 1751.100 Definitions. modernization. improving and modernizing 1751.101 General. 1751.102 Modernization Plan Developer; 20. Comment Summary. One telecommunications and might commenter pointed out that since a eligibility. jeopardize the security of RUS loans. 1751.103 Loan and loan advance Borrower-developed Modernization 26. Comment Summary. One Plan can only apply to Borrowers, the requirements. commenter proposed that RUS review 1751.104 Obtaining RUS approval of a rule should make that clear. Modernization Plans within 30 days proposed Modernization Plan. Response. Language has been added without exception, and asserts that as 1751.105 Amending a Modernization Plan. to § 1751.102(c) to clarify that a written the rule allows RUS to postpone 1751.106 Modernization Plan; Borrower-developed plan will only denial until it is too late for a developer requirements. apply to Borrowers. to resubmit a plan for approval. Authority: 7 U.S.C. 901 et seq., 1921 et 21. Comment Summary. One Response. Both Plan Developers and seq.; Pub. L. 103–354, 108 Stat. 3178 (7 commenter said that Borrower- U.S.C. 6941 et seq.). RUS face difficult schedules as a result developed plans can affect others, and of this regulation. RUS has developed proposed that RUS require that Subpart AÐ[Reserved] an internal processing procedure Borrowers allow outside participation in intended to deal with the estimated 45 §§ 1751.1±1751.99 [Reserved] development of a plan. Response. RUS encourages all Plan Modernization Plans that could be received simultaneously. It is the intent Subpart BÐState Telecommunications Developers to include outside Modernization Plan participation, but does not believe it is of RUS to process all Modernization necessary for Borrower groups to be Plans within 30 days of receipt of the § 1751.100 Definitions. required to include outside proposed Modernization Plan. If the As used in this subpart: participation. submission of the proposed Plan is Bit rate. The rate of transmission of 22. Comment Summary. One timely, this will not be a problem. telecommunications signals or commenter expressed concern that 27. Comment Summary. One intelligence in binary (two state) form in Modernization Plan requirements would commenter noted that RELRA places no bits per unit time, e.g., Mb/s (megabits threaten universal service because it time limit on RUS as to promulgation of per second), kb/s (kilobits per second), would require Borrowers and non- a final rule. This commenter suggested etc. Borrowers to build infrastructure that RUS should wait for further Borrower. Any organization that has whether or not it met customer needs. congressional direction. received an RUS loan designation Response. The regulation has been Response. RUS was required under number and which has an outstanding revised to alleviate this concern. RUS RELRA to issue the interim regulation, telephone loan made by RUS or the performs feasibility studies to ensure and RUS wishes to respond to the Rural Telephone Bank, or guaranteed by that the proposed construction does not public by issuing a final rule that RUS, or which has a completed loan threaten the viability of a Borrower. implements the requirements of RELRA application with RUS. 23. Comment Summary. One in a reasonable and effective manner. Emerging technologies. New or not commenter suggested that in the balance Without this final rule, the interim rule fully developed methods of between cost and improved service, cost remains in effect. telecommunications. is clearly secondary to RUS. 28. Comment Summary. One Modernization Plan (State Response. RUS is concerned with commenter asked why the rule does not Telecommunications Modernization improved service to rural subscribers at apply to RUS electric borrowers and Plan). A State plan, which has been reasonable prices. RUS strongly feels grant recipients who may compete with approved by RUS, for improving the that communications infrastructure is RUS telephone Borrowers either directly telecommunications network of those essential to rural economic or through a subsidiary. Telecommunications Providers covered Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8175 by the plan. A Modernization Plan must RTB loan. A loan made by the Rural Modernization Plan. The PUC may also, conform to the provisions of this Telephone Bank (RTB) under section at its option, extend coverage of the subpart. 408 of the RE Act bearing interest as Modernization Plan to all service areas New facilities. Facilities which are determined under 7 CFR 1610.10. RTB of all providers of telecommunications wholly or partially constructed or loans are made concurrently with RUS services in the State. In addition, while reconstructed after a short- or medium- cost-of-money loans. the requirements and goals contained in term requirements start date, as State. Each of the 50 states of the § 1751.106 apply only to wireline appropriate. This does not include United States, the District of Columbia, services, the PUC, at its discretion, may connections or capacity extensions and the territories and insular extend coverage of Modernization Plans within the wired capacity of existing possessions of the United States. This to wireless or other communications plant such as adding line cards to does not include countries in the services in the State as it deems existing equipment. Compact of Free Association. appropriate. Borrower-developed Plan Developer. The entity creating Telecommunications. The Modernization Plans apply only to the Modernization Plan for the State, transmission or reception of voice, data, Borrowers. which may be the State PUC, the State sounds, signals, pictures, writings, or signs of all kinds, by wire, fiber, radio, § 1751.102 Modernization Plan Developer; legislature, or a numeric majority of the eligibility. RUS Borrowers within the State. When light, or other visual or electromagnetic (a) Each PUC is eligible until February this part refers to the PUC as the Plan means. 13, 1996 to develop a proposed Developer, this includes the State Telecommunications providers. RUS Modernization Plan and deliver it to legislature. Borrowers and if the Plan Developer is RUS. RUS will review and consider for PUC (Public Utilities Commission). a PUC, such other entities providing approval all PUC-developed The public utilities commission, public telecommunications services as the Modernization Plans received by RUS service commission or other State body developer of the Modernization Plan within this one year period. The review with such jurisdiction over rates, service (See § 1751.101) may determine. and approval, if any, may occur after the areas or other aspects of the services and Wireline Service. Telecommunica- one year period ends even though the operation of providers of tions service provided over telephone PUC is no longer eligible to submit a telecommunications services as vested lines. It is characterized by a wire or proposed Modernization Plan. in the commission or other body wirelike connection carrying electricity or light between the subscriber and the (b) The PUC must notify all authority, to the extent provided by the Telecommunications Providers in the State, to guide development of rest of the telecommunications network. Wireline Service implies a physical State and other interested parties of its telecommunications services in the intent to develop a proposed State. When this part refers to the PUC connection. Although radio may form part of the circuit, it is not the major Modernization Plan. The PUC is as the Plan Developer, this includes the encouraged to consider all State legislature. method of transmission as in radiotelephone. Telecommunications Providers’ and RE Act. The Rural Electrification Act interested parties’ views and of 1936, as amended (7 U.S.C. 901 et § 1751.101 General. incorporate these views into the seq.). (a) It is the policy of RUS that every Modernization Plan. In the event that REA. The Rural Electrification State have a Modernization Plan which the PUC does not intend to develop a Administration, formerly an agency of provides for the improvement of the proposed Modernization Plan, RUS the United States Department of State’s telecommunications network. requests that the PUC inform RUS of Agriculture and predecessor agency to (b) A proposed Modernization Plan this decision as soon as possible. RUS with respect to administering must be submitted to RUS for approval. (c)(1) If the PUC is no longer eligible certain electric and telephone loan RUS will approve the proposed to develop a Modernization Plan or has programs. Modernization Plan if it conforms to the informed RUS that it will not develop RELRA. The Rural Electrification provisions of this subpart. Once a Modernization Plan, as described in Loan Restructuring Act of 1993 (107 obtained, RUS’s approval of a paragraphs (a) and (b) of this section, a Stat. 1356). Modernization Plan cannot be majority of the Borrowers within the RUS. The Rural Utilities Service, an rescinded. State may develop the Modernization agency of the United States Department (c) The Modernization Plan shall not Plan. If a majority of Borrowers of Agriculture established pursuant to interfere with RUS’s authority to issue develops the Modernization Plan, the Section 232 of the Federal Crop such other telecommunications following apply: Insurance Reform and Department of standards, specifications, requirements, (i) All Borrowers shall be given Agriculture Reorganization Act of 1994 and procurement rules as may be reasonable notice of and shall be (Pub. L. 103–354, 108 Stat. 3178 (7 promulgated from time to time by RUS encouraged to attend and contribute to U.S.C. 6941 et seq.)), successor to REA including, without limitation, those set all meetings and other proceedings with respect to administering certain forth in 7 CFR part 1755. relating to the development of the electric and telephone programs. See 7 (d) The Modernization Plan must, at Modernization Plan; and CFR 1700.1. a minimum, apply to RUS Borrowers’ (ii) Borrowers developing a RUS cost-of-money loan. A loan made wireline service areas. If a Modernization Plan are encouraged to under section 305(d)(2) of the RE Act Modernization Plan is developed by the solicit the views of other providers of bearing interest as determined under 7 PUC, RUS encourages, but does not telecommunications services and CFR 1735.31(c). RUS cost-of-money require, that the Modernization Plan’s interested parties in the State. loans are made concurrently with RTB requirements apply to the rural service (2) There is no time limit placed on loans. areas of all providers of Borrowers to develop a Modernization RUS hardship loan. A loan made by telecommunications services in the Plan. Borrowers should be aware that RUS under section 305(d)(1) of the RE State. A PUC’s decision not to include certain types of loans may be restricted Act bearing interest at a rate of 5 percent non-RUS Borrowers will not prejudice until a Modernization Plan is approved. per year. RUS approval of that PUC’s See § 1751.103. 8176 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations § 1751.103 Loan and loan advance Plan Developer with specific written services for improved business, requirements. comments and suggestions for educational, and medical services. (a) For information about loan modifying the proposed Modernization (3) The plan must encourage and eligibility requirements in relation to Plan so that it will conform to the improve computer networks and the Modernization Plan, see 7 CFR part provisions of this subpart. If the Plan information highways for subscribers in 1735. In particular, beginning February Developer remains eligible, RUS will rural areas. 13, 1996, RUS will make RUS hardship invite the Plan Developer to submit a (4) The plan must provide for— loans, RUS cost-of-money loans, and modified proposed Modernization Plan (i) Subscribers in rural areas to be able RTB loans for facilities and other RE Act for RUS consideration. This process can to receive through telephone lines— purposes in a State only if: continue until the Plan Developer gains (A) Conference calling; (1) The State has an RUS approved approval of a proposed Modernization (B) Video images; and (C) Data at a rate of at least 1,000,000 Modernization Plan; and Plan unless the Plan Developer is a PUC bits of information per second; and (2) The Borrower to whom the loan is whose eligibility has expired. If a PUC’s (ii) The proper routing of information to be made is participating in the eligibility has expired, RUS will return Modernization Plan for the State. A to subscribers. the proposed Modernization Plan (5) The plan must provide for uniform Borrower is considered to be unapproved. Because RUS does not participating if, in RUS’s opinion, the deployment schedules to ensure that have authority to extend the term of a advanced services are deployed at the purposes of the loan requested by the PUC’s eligibility, RUS recommends that Borrower are consistent with the same time in rural and nonrural areas. the PUC submit a proposed (6) The plan must provide for such Borrower achieving the requirements Modernization Plan at least 90 days in additional requirements for service stated in the Modernization Plan within advance of February 13, 1996 to allow standards as may be required by the the timeframe stated in the time for this process. Administrator. Modernization Plan unless RUS has § 1751.105 Amending a Modernization (b) To implement the requirements of determined that achieving the the law described in paragraph (a) of requirements is not technically or Plan. (a) RUS understands that changes in this section, RUS has set minimum economically feasible. requirements as described in paragraphs (b) With regard to the three types of standards, technology, regulation, and (i) and (j) of this section. They are loans discussed in paragraph (a), only the economy could indicate that an grouped into short-term and medium- loans approved after the date the State RUS-approved Modernization Plan term requirements. RUS has also has an RUS approved Modernization should be amended. included long-term goals which are not Plan are subject to complying with the (b) The Plan Developer of the requirements. The Modernization Plan Modernization Plan. Modernization Plan may amend the must meet all of the statutory (c) For loans subject to complying Modernization Plan if RUS finds the requirements of RELRA and shall with the Modernization Plan, advances proposed changes continue to conform provide that short- and medium-term will not be made if, in RUS’s opinion, to the provisions of this subpart. requirements be implemented as set the advances are not consistent with (c) The procedure for requesting forth in this section of the regulation achieving the requirements of the approval of an amended Modernization except that the PUC, if it is the Plan Modernization Plan. Plan is identical to the procedure for a proposed Modernization Plan except Developer, or RUS, if a majority of § 1751.104 Obtaining RUS approval of a that there are no time limits on the Borrowers is the Plan Developer, may proposed Modernization Plan. eligibility of the Plan Developer. approve extensions of time if the (a) To obtain RUS approval of a (d) The existing Modernization Plan required investment is not economically proposed Modernization Plan, the Plan remains in force until RUS has feasible or if the best available Developer must submit the following to approved the proposed amended telecommunications technology lacks RUS: Modernization Plan. the capability to enable the (1) A certified copy of the statute or (e) RUS may from time to time revise Telecommunications Provider receiving PUC order, if the PUC is the Plan these regulations to incorporate newer the extension to comply with the Developer, or a written request for RUS technological and economic standards Modernization Plan. Extensions shall be approval of the proposed Modernization that RUS believes represent more granted only on a case-by-case basis and Plan signed by an authorized desirable goals for the future course of generally shall not exceed a total of five representative of the Plan Developer, if telecommunications services. Such years from the first such extension a majority of Borrowers is the Plan revisions will be made in accordance granted to the Telecommunications Developer; and with the Administrative Procedure Act. Provider. (2) Three copies of the proposed These revisions shall not invalidate (c) Each State’s Modernization Plan Modernization Plan. Modernization Plans approved by RUS shall be a strategic development (b) Generally, RUS will review the but shall be used by RUS to determine proposal for modernizing the proposed Modernization Plan within whether to approve amendments to telecommunications network of the (30) days and either: Modernization Plans presented for RUS Telecommunications Providers covered (1) Approve the Modernization Plan if approval after March 15, 1995. by the Modernization Plan. In addition it conforms to the provisions of this to implementing the requirements subpart in which case RUS will return § 1751.106 Modernization Plan; described in paragraphs (a), (i), and (j) a copy of the Modernization Plan with requirements. of this section, the Modernization Plan notice of approval to the Plan (a) The requirements for a shall include a short engineering Developer; or Modernization Plan as stated in RELRA description of the characteristics of a (2) Not approve the proposed are: future telecommunications structure Modernization Plan if it does not (1) The plan must provide for the that would enable all conform to the provisions of this elimination of party line service. Telecommunications Providers to subpart. In this event, RUS will return (2) The plan must provide for the achieve the requirements and goals of the proposed Modernization Plan to the availability of telecommunications the Modernization Plan. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8177 (d) Within the scope of § 1751.101(d), approves the Modernization Plan for the bank holding companies (banking if the Plan Developer is the PUC, the State, or such earlier date as the organizations) to implement section 350 Modernization Plan shall name the Modernization Plan shall provide. of the Riegle Community Development Telecommunications Providers in the (2) All New Facilities providing and Regulatory Improvement Act of State, in addition to Borrowers, that are Wireline Service after the medium-term 1994 (Riegle Act). Section 350 states covered by the Modernization Plan. requirements start date, even if the that the amount of risk-based capital (e) The Modernization Plan must construction began before such date, required to be maintained by any require that the design of the network shall be capable, as built or with insured depository institution, with provided by Telecommunications additional equipment, of transmitting respect to assets transferred with Providers allow for the expeditious video to a subscriber. The video must be recourse, may not exceed the maximum deployment and integration of such capable of depicting a reasonable amount of recourse for which the emerging technologies as may from time representation of motion. The frame institution is contractually liable under to time become commercially feasible. rate, resolution, and other measures of the recourse agreement. This rule will (f) The Modernization Plan must audio and video quality shall be have the effect of correcting the anomaly provide guidelines to determined by the Plan Developer. that currently exists in the risk-based Telecommunications Providers for the (3) No later than the medium-term capital treatment of recourse development of affordable tariffs for requirements start date, all switching transactions under which an institution medical links and distance learning equipment of Telecommunications could be required to hold capital in services. Providers covered by the Modernization excess of the maximum amount of loss (g) With regard to the uniform Plan must be capable of providing E911 possible under the contractual terms of deployment requirement of the law service when requested by the the recourse obligation. restated in paragraph (a)(5) of this government responsible for this service. EFFECTIVE DATE: March 22, 1995. section, if services cannot be deployed (4) No later than five years after the FOR FURTHER INFORMATION CONTACT: at the same time, only the minimum medium-term requirements start date, Rhoger H Pugh, Assistant Director (202/ feasible interval of time shall separate one-party service must be provided 728–5883), Thomas R. Boemio, availability of the services in rural and upon demand to any subscriber of a Supervisory Financial Analyst (202/ nonrural areas. Telecommunications Provider covered 452–2982), or David Elkes (202/452– (h) The Modernization Plan must by the Modernization Plan. 5218), Senior Financial Analyst, Policy make provision for reliable powering of (k) Long-term goals. RUS suggests, but Development, Division of Banking ordinary voice telephone service does not require, that the provisions of Supervision and Regulation. For the operating over those portions of the each Modernization Plan be consistent hearing impaired only, telecommunications network which are with the accomplishment of the Telecommunication Device for the Deaf not network powered. In the event of following: (TDD), Dorothea Thompson (202/452– electric utility power outages, an (1) The elimination of party line 3544), Board of Governors of the Federal alternative source of power must be service. Reserve System, 20th and C Streets available to ensure reliable voice (2) For subscribers that desire the NW., Washington, DC 20551. service. service, universal availability of: SUPPLEMENTARY INFORMATION: (i) Short-term requirements. (1) The (i) digital voice and data service (56– ‘‘short-term requirements start date’’ is 164 kb/sec). Background the date one year after the date RUS (ii) service that provides transmission The Board’s current regulatory capital approves the Modernization Plan for the and reception of high bit rate (no less guidelines are intended to ensure that State. than 1 Mb/sec) data. banking organizations that transfer (2) All New Facilities providing (iii) service that provides reception of assets and retain the credit risk inherent Wireline Service after the short-term video as described in paragraph (j)(2) of in the assets maintain adequate capital requirements start date, even if the this section. to support that risk. For banks, this is construction began before such date, generally accomplished by requiring shall be constructed so that: Dated: January 23, 1995. (i) Every subscriber can be provided Bob J. Nash, that assets transferred with recourse 1-party service. Under Secretary, Rural Economic and continue to be reported on the balance (ii) The New Facilities are suitable, as Community Development. sheet in regulatory reports. These built or with additional equipment, to [FR Doc. 95–3414 Filed 2–10–95; 8:45 am] amounts are thus included in the calculation of banks’ risk-based and provide transmission and reception of BILLING CODE 3410±15±P data at a rate no lower than 1 Mb/sec. leverage capital ratios. For bank holding (3) All switching equipment installed companies, transfers of assets with recourse are reported in accordance by a Telecommunications Provider after FEDERAL RESERVE SYSTEM the short-term requirements start date with generally accepted accounting shall be capable of: 12 CFR Parts 208 and 225 principles (GAAP), which treats most (i) Providing custom calling features. such transactions as sales, allowing the [Regulations H and Y; Docket No. R±0835] At a minimum, custom calling features assets to be removed from the balance sheet.1 For purposes of calculating bank must include call waiting, call Capital; Capital Adequacy Guidelines forwarding, abbreviated dialing, and three-way calling; and AGENCY: Board of Governors of the 1 The GAAP treatment focuses on the transfer of benefits rather than the retention of risk and, thus, (ii) Providing E911 service for areas Federal Reserve System. allows a transfer of receivables with recourse to be served by the Telecommunication ACTION: Final rule. accounted for as a sale if the transferor: (1) Provider when requested by the surrenders control of the future economic benefits government responsible for this service. SUMMARY: The Board of Governors of the of the assets; (2) is able to reasonably estimate its (j) Medium-term requirements. (1) The obligations under the recourse provision; and (3) is Federal Reserve System (Board) is not obligated to repurchase the assets except ‘‘medium-term requirements start date’’ amending its risk-based capital pursuant to the recourse provision. In addition, the is the date six years after the date RUS guidelines for state member banks and Continued 8178 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations holding companies’ risk-based capital securities, adjusted for any double included eight of the thirteen banking ratios, however, assets sold with counting. organizations and two of the eight trade recourse that have been removed from The NPR also addressed other issues associations, expressed the view that the the balance sheet in accordance with related to recourse transactions, banking agencies should adopt the GAAP are included in risk-weighted including equivalent capital treatment GAAP treatment of assets sold with assets. Consequently, both banks and of recourse arrangements and direct recourse for purposes of calculating the bank holding companies generally are credit substitutes that provide first regulatory capital ratios. These required to maintain capital against the dollar loss protection and definitions for commenters maintained that the GAAP full risk-weighted amount of assets ‘‘recourse’’ and associated terms such as recourse liability account provides transferred with recourse. ‘‘standard representations and adequate protection against the risk of In cases where an institution retains warranties.’’ The NPR was issued in loss on assets sold with recourse, a low level of recourse, the amount of conjunction with an Advance Notice of obviating the need for additional capital required under the Board’s risk- Proposed Rulemaking (ANPR) that capital. based capital guidelines could exceed outlined a possible alternative approach The NPR specifically sought comment to deal comprehensively with the on five issues related to the proposed the institution’s maximum contractual capital treatment of recourse capital treatment of low level recourse liability under the recourse agreement. transactions and securitizations. The transactions. Thirteen of the 27 This can occur in transactions in which comment period for the NPR and ANPR respondents commented on the first a banking organization contractually ended on July 25, 1994. issue, which concerned the treatment of limits its recourse exposure to less than During the agencies’ review of the the GAAP recourse liability account the full effective risk-based capital comments received, the Riegle Act was established for assets sold with recourse requirement for the assets transferred— signed into law on September 23, 1994. reported as sales for regulatory reporting generally, 4 percent for mortgage assets Section 350 of the Act requires the purposes. These 13 commenters favored and 8 percent for most other assets. federal banking agencies to issue reducing the capital requirement for low The Federal Reserve and the other regulations limiting, as of March 22, level recourse transactions by the federal banking agencies have long 1995, the amount of risk-based capital balance of its GAAP recourse liability recognized this anomaly in the risk- an insured depository institution is account—which would continue to be based capital guidelines. On May 25, required to hold for assets transferred excluded from an institution’s 1994, the banking agencies, under the with recourse to the maximum amount regulatory capital. In their view, not auspices of the Federal Financial of recourse for which the institution is taking this account into consideration Institutions Examination Council contractually liable. In order to meet the would result in double coverage of the (FFIEC), issued a Notice of Proposed statutory requirements of section 350, portion of the risk provided for in that Rulemaking (NPR) (59 FR 27116) that the Federal Reserve is now issuing a account. was aimed principally at amending the rule that puts into final form only those Fourteen commenters, including five risk-based capital guidelines to limit the portions of the NPR dealing with low banking organizations and five trade capital charge in low level recourse level recourse transactions. associations, responded to the second transactions to an institution’s issue, which sought comment on Comments Received maximum contractual recourse liability. whether a dollar-for-dollar capital The proposal for these types of In response to the NPR and ANPR, the requirement would be too high for low transactions would effectively result in Federal Reserve Board received letters level recourse transactions. Eleven a dollar capital charge for each dollar of from 36 public commenters. Of these commenters indicated that such a low level recourse exposure, up to the respondents, 27 addressed issues related capital charge would be too high since full effective risk-based capital to the NPR’s proposed low level it was unlikely that an institution would requirement on the underlying assets. recourse capital treatment. These incur losses up to its maximum The proposal requested specific commenters included 13 banking contractual liability. Two others comment on whether an institution organizations, including 11 responded that whether the capital should be able to use the balance of the multinational and regional banking treatment was too high depended upon GAAP recourse liability account to organizations, one community banking the credit quality of the underlying asset reduce the dollar-for-dollar capital organization, and one foreign banking pool and the structure of the charge for the recourse exposure on organization; eight trade associations; securitization. One commenter stated assets transferred with low level two law firms; one government- that the dollar-for-dollar capital charge recourse in a transaction recognized as sponsored agency; and three other would not be too onerous. a sale both under GAAP and for commenters. Of these 27 respondents, The third issue dealt with ways of regulatory reporting purposes. In 23 specifically provided a favorable demonstrating that the dollar-for-dollar addition, the proposal indicated that the overall assessment of the low level capital requirement might be too high capital requirement for an exposure to recourse proposal. In general, these and possible methods for reducing this low level recourse retained in a respondents viewed the low level requirement without jeopardizing safety transaction associated with a swap of proposal as a way of rationally and soundness. The eight commenters mortgage loans for mortgage-related correcting an anomaly in the existing on this issue indicated that historical securities would be the lower of the risk-based capital rules so that analysis, examiner review, and capital charge for the swapped institutions would not be required to ‘‘depression scenario’’ stress testing mortgages or the combined capital hold capital in excess of their would show whether the capital charge for the low level recourse contractual liability. requirement would be too high relative Ten of the commenters stated that, exposure and the mortgage-related to historical losses. while the proposed low level recourse The fourth issue concerned ways the capital treatment was a positive step, it banking agencies could handle the transferor must establish a separate liability account still would result in too high of a capital increased probability of loss to the equal to the estimated probable losses under the recourse provision (GAAP recourse liability requirement for assets sold with limited insurance fund if less than dollar-for- account). recourse. These respondents, which dollar capital is maintained against low Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8179 level recourse transactions. The eight Under the low level recourse rule, a view, the GAAP recourse liability commenters on this issue stated that as banking organization that contractually account would be an inadequate long as the amount of required capital limits its maximum recourse obligation substitute for maintaining capital at a held against the low level recourse to less than the full effective risk-based level commensurate with the risks. One transactions was prudently assessed capital requirement for the transferred of the principal purposes of regulatory based upon expected losses, actual assets would be required to hold risk- capital is to provide a cushion against losses would seldom, if ever, exceed the based capital equal to the contractual unexpected losses. In contrast, the capital requirement. Thus, the insurance maximum amount of its recourse GAAP recourse liability account is, in funds would not likely experience obligation. This requirement limits to effect, a specific reserve that is intended losses. one dollar the capital charge for each to cover only an institution’s probable The fifth issue sought comment on dollar of low-level recourse exposure. expected losses under the recourse whether the proposed low level Under this dollar-for-dollar capital provision. In this regard, the Board recourse capital treatment would reduce requirement, the capital charge for a 100 notes that the capital guidelines transaction costs or otherwise help to percent risk-weighted asset transferred explicitly state that specific reserves facilitate the sale or securitization of with 3 percent recourse would be 3 may not be included in regulatory banking organizations’ assets. The eight percent of the value of the transferred capital. commenters that responded to this issue assets, rather than the 8 percent In addition, the amount of credit risk were all of the opinion that the low previously required. Thus, a banking that is typically retained in a recourse level capital treatment generally would organization’s capital requirement on a transaction greatly exceeds the normal help lower transaction costs and help low level recourse transaction would expected losses associated with the facilitate securitization. not exceed the contractual maximum transferred assets. Thus, even though a amount it could lose under the recourse transferring institution may reduce its Final Rule obligation. exposure to potential catastrophic losses Under the final rule, an institution by limiting the amount of recourse it After consideration of the comments may reduce the dollar-for-dollar capital provides, it may still retain, in many received and further deliberation on the charge held against the recourse cases, the bulk of the risk inherent in issues involved, particularly the exposure on assets transferred with low the assets. For example, an institution requirements of section 350 of the level recourse for a transaction transferring high quality assets with a Riegle Act, the Board is adopting a final recognized as a sale under GAAP and reasonably estimated expected loss rate rule amending the risk-based capital for regulatory reporting purposes by the of one percent that retains ten percent guidelines with respect to the treatment balance of any associated non-capital recourse in the normal course of of low level recourse transactions. GAAP recourse liability account. In business will sustain the same amount Specifically, the final amendments adopting this aspect of the final rule, the of losses it would have had the assets implement section 350 by reducing the Board concurs with commenters that not been transferred. This occurs capital requirements for all recourse indicated that nonrecognition of the because the amount of exposure under transactions in which a state member liability account would result in double the recourse provision is very high bank contractually limits its recourse coverage of the portion of the credit risk relative to the amount of expected exposure to less than the full, effective provided for in that account. losses. The Board believes that in such risk-based capital requirement for the In applying the final rule, the Board transactions the transferor has not assets transferred. Although section 350 will, as proposed, limit the capital significantly reduced its risk for explicitly extends only to depository requirement for an exposure to low level purposes of assessing regulatory capital institutions, the Board, consistent with recourse retained in a transaction and should continue to be assessed its proposal, is also issuing a parallel associated with a swap of mortgage regulatory capital as though the assets final amendment to its risk-based loans for mortgage-related securities to had not been transferred. capital guidelines for bank holding the lower of the capital charge for the The GAAP reliance on reasonable companies.2 swapped mortgages or the combined estimates of all probable credit losses The final rule applies to low level capital charge for the low level recourse over the life of the receivables recourse transactions involving all types exposure and the mortgage-related transferred poses additional concerns to of assets, including small business securities, adjusted for any double the Board. While it may be possible to loans, commercial loans, and residential counting. make such estimates for pools of mortgages. In this regard, the Board In setting forth this final rule, the consumer loans or residential notes that previously under the risk- Board has considered the arguments mortgages, the Board is of the view that based capital guidelines residential that several commenters made for it is currently difficult to do so for other mortgage loans transferred with adopting for regulatory capital purposes types of loans. Even if it is possible to recourse were excluded from risk- the GAAP treatment for all assets sold make a reasonable estimate of probable weighted assets if the institution did not with recourse, including those sold with credit losses at the time an asset or asset retain significant risk of loss. As low levels of recourse. Under such a pool is transferred, the ability of an proposed, this treatment would no treatment, assets sold with recourse in institution to make a reasonable longer apply and the low level recourse accordance with GAAP would have no estimate may change over the life of the capital treatment the Board is now capital requirement, but the GAAP transferred assets. issuing would extend to these types of recourse liability account would Finally, the Board is concerned that mortgage loan transfers. provide some level of protection against an institution transferring assets with losses. recourse might estimate that it would 2 In addition to amending the risk-based capital The Board continues to believe it not have any losses under the recourse guidelines to reduce the capital requirement for low would not be appropriate to adopt for provision, in which case it would not level recourse transactions (see paragraph g of regulatory capital purposes the GAAP establish any GAAP recourse liability section III.D.1. of the guidelines), the Board is also treatment of recourse transactions, even account for the exposure. If the making some technical, nonsubstantive changes to that section of the guidelines by identifying each if the transferring bank retains only a transferor recorded either no liability or paragraph in the section with a letter designation. low level of recourse. In the Board’s only a nominal liability in the GAAP 8180 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations recourse liability account for a List of Subjects credit that are performance-related are succession of asset transfers, it could discussed below and have a credit 12 CFR Part 208 accumulate large amounts of credit risk conversion factor of 50 percent.) that would not be reflected, or would be Accounting, Agriculture, Banks, b. The full amount of a direct credit substitute is converted at 100 percent and the only partially reflected, on the balance banking, Confidential business information, Crime, Currency, Federal resulting credit equivalent amount is sheet. assigned to the risk category appropriate to The Board is issuing this final rule Reserve System, Mortgages, Reporting the obligor or, if relevant, the guarantor or the now in order to implement section 350 and recordkeeping requirements, nature of the collateral. In the case of a direct of the Riegle Act in accordance with the Securities. credit substitute in which a risk 42 statutory deadline. Consequently, the 12 CFR Part 225 participation has been conveyed, the full rule deals with only those portions of amount is still converted at 100 percent. Administrative practice and the NPR concerned with low level However, the credit equivalent amount that procedure, Banks, Banking, Federal has been conveyed is assigned to whichever recourse transactions. The Board will Reserve System, Holding companies, risk category is lower: the risk category continue to consider, on an interagency Reporting and recordkeeping appropriate to the obligor, after giving effect basis, the other aspects of the NPR, as requirements, Securities. to any relevant guarantees or collateral, or the well as all aspects of the ANPR that was risk category appropriate to the institution issued in conjunction with the NPR. For the reasons set forth in the acquiring the participation. Any remainder is preamble, the Board amends 12 CFR assigned to the risk category appropriate to Regulatory Flexibility Act parts 208 and 225 as set forth below: the obligor, guarantor, or collateral. For example, the portion of a direct credit The purpose of this final rule is to PART 208ÐMEMBERSHIP OF STATE reduce the risk-based capital substitute conveyed as a risk participation to BANKING INSTITUTIONS IN THE a U.S. domestic depository institution or requirement on transfers of assets with FEDERAL RESERVE SYSTEM foreign bank is assigned to the risk category low levels of recourse. Therefore, (REGULATION H) appropriate to claims guaranteed by those pursuant to section 605(b) of the institutions, that is, the 20 percent risk Regulatory Flexibility Act, the Board 1. The authority citation for part 208 category.43 This approach recognizes that hereby certifies that this rule will have continues to read as follows: such conveyances replace the originating a beneficial economic impact on small Authority: 12 U.S.C. 36, 248(a), 248(c), bank’s exposure to the obligor with an business entities (in this case, small 321–338a, 371d, 461, 481–486, 601, 611, exposure to the institutions acquiring the risk banking organizations) that sell assets 1814, 1823(j), 1828(o), 1831o, 1831p–1, 3105, participations.44 with low levels of recourse. The risk- 3310, 3331–3351 and 3906–3909; 15 U.S.C. c. In the case of direct credit substitutes that take the form of a syndication as defined based capital guidelines generally do 78b, 78l(b), 78l(g), 78l(i), 78o–4(c)(5), 78q, 78q–1 and 78w; 31 U.S.C. 5318. in the instructions to the commercial bank not apply to bank holding companies Call Report, that is, where each bank is with consolidated assets of less than 2. In Part 208, Appendix A, section obligated only for its pro rata share of the $150 million; thus, this rule will not III.D.1. is revised to read as follows: risk and there is no recourse to the affect such companies. Appendix A to Part 208—Capital originating bank, each bank will only include its pro rata share of the direct credit Paperwork Reduction Act and Adequacy Guidelines for State Member substitute in its risk-based capital Regulatory Burden Banks: Risk-Based Measure calculation. The Board has determined that this * * * * * d. Financial standby letters of credit are III. * * * distinguished from loan commitments final rule will not increase the (discussed below) in that standbys are regulatory paperwork burden of banking D. * * * 1. Items with a 100 percent conversion irrevocable obligations of the bank to pay a organizations pursuant to the provisions factor. third-party beneficiary when a customer of the Paperwork Reduction Act (44 a. A 100 percent conversion factor applies (account party) fails to repay an outstanding U.S.C. 3501 et seq.). to direct credit substitutes, which include loan or debt instrument (direct credit Section 302 requires that new guarantees, or equivalent instruments, substitute). Performance standby letters of regulations take effect on the first day of backing financial claims, such as outstanding credit (performance bonds) are irrevocable the calendar quarter following securities, loans, and other financial obligations of the bank to pay a third-party beneficiary when a customer (account party) publication of the rule, unless, inter liabilities, or that back off-balance sheet items that require capital under the risk- fails to perform some other contractual non- alia, the regulation, pursuant to any based capital framework. Direct credit financial obligation. other Act of Congress, is required to take substitutes include, for example, financial e. The distinguishing characteristic of a effect on a date other than the date standby letters of credit, or other equivalent standby letter of credit for risk-based capital determined under section 302. Section irrevocable undertakings or surety purposes is the combination of irrevocability 350 of the Riegle Act requires that arrangements, that guarantee repayment of with the fact that funding is triggered by before the end of the 180-day period financial obligations such as: commercial some failure to repay or perform an beginning on the date of enactment of paper, tax-exempt securities, commercial or obligation. Thus, any commitment (by the Act, or in this case no later than individual loans or debt obligations, or 42 March 22, 1995, the amount of risk- standby or commercial letters of credit. That is, a participation in which the originating Direct credit substitutes also include the bank remains liable to the beneficiary for the full based capital required to be maintained, acquisition of risk participations in bankers amount of the direct credit substitute if the party under regulations prescribed by the acceptances and standby letters of credit, that has acquired the participation fails to pay when appropriate Federal banking agency, by since both of these transactions, in effect, the instrument is drawn. any insured depository institution constitute a guarantee by the acquiring bank 43 Risk participations with a remaining maturity that the underlying account party (obligor) of over one year that are conveyed to non-OECD transferring assets with recourse be banks are to be assigned to the 100 percent risk limited to the maximum amount of will repay its obligation to the originating, or category, unless a lower risk category is appropriate 41 recourse for which such institution is issuing, institution. (Standby letters of to the obligor, guarantor, or collateral. contractually liable under the recourse 44 A risk participation in bankers acceptances 41 agreement. Accordingly, the Board has Credit equivalent amounts of acquisitions of conveyed to other institutions is also assigned to risk participations are assigned to the risk category the risk category appropriate to the institution determined that an effective date of appropriate to the account party obligor, or, if acquiring the participation or, if relevant, the March 22, 1995 is appropriate. relevant, the nature of the collateral or guarantees. guarantor or nature of the collateral. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8181 whatever name) that involves an irrevocable customer, lends the customer’s securities and and have a credit conversion factor of 50 obligation to make a payment to the customer indemnifies the customer against loss, the percent.) or to a third party in the event the customer transaction is converted at 100 percent and b. The full amount of a direct credit fails to repay an outstanding debt obligation assigned to the risk weight category substitute is converted at 100 percent and the or fails to perform a contractual obligation is appropriate to the obligor, to any collateral resulting credit equivalent amount is treated, for risk-based capital purposes, as delivered to the lending bank, or, if assigned to the risk category appropriate to respectively, a financial guarantee standby applicable, to the independent custodian the obligor or, if relevant, the guarantor or the letter of credit or a performance standby. acting on the lender’s behalf. Where a bank nature of the collateral. In the case of a direct f. A loan commitment, on the other hand, is acting as agent for a customer in a credit substitute in which a risk involves an obligation (with or without a transaction involving the lending or sale of participation 45 has been conveyed, the full material adverse change or similar clause) of securities that is collateralized by cash amount is still converted at 100 percent. the bank to fund its customer in the normal delivered to the bank, the transaction is However, the credit equivalent amount that course of business should the customer seek deemed to be collateralized by cash on has been conveyed is assigned to whichever to draw down the commitment. deposit in the bank for purposes of risk category is lower: the risk category g. Sale and repurchase agreements and determining the appropriate risk-weight appropriate to the obligor, after giving effect asset sales with recourse (to the extent not category, provided that any indemnification to any relevant guarantees or collateral, or the included on the balance sheet) and forward is limited to no more than the difference risk category appropriate to the institution agreements also are converted at 100 percent. between the market value of the securities acquiring the participation. Any remainder is The risk-based capital definition of the sale and the cash collateral received and any assigned to the risk category appropriate to of assets with recourse, including the sale of reinvestment risk associated with that cash the obligor, guarantor, or collateral. For 1- to 4-family residential mortgages, is the collateral is borne by the customer. example, the portion of a direct credit same as the definition contained in the * * * * * substitute conveyed as a risk participation to instructions to the commercial bank Call a U.S. domestic depository institution or Report. Accordingly, the entire amount of PART 225ÐBANK HOLDING foreign bank is assigned to the risk category any assets transferred with recourse that are COMPANIES AND CHANGE IN BANK appropriate to claims guaranteed by those institutions, that is, the 20 percent risk not already included on the balance sheet, CONTROL (REGULATION Y) including pools of 1- to 4-family residential category.46 This approach recognizes that mortgages, are to be converted at 100 percent 1. The authority citation for part 225 such conveyances replace the originating and assigned to the risk weight appropriate continues to read as follows: banking organization’s exposure to the to the obligor, or if relevant, the nature of any obligor with an exposure to the institutions 47 collateral or guarantees. The terms of a Authority: 12 U.S.C. 1817(j)(13), 1818, acquiring the risk participations. transfer of assets with recourse may 1831i, 1831p–1, 1843(c)(8), 1844(b), 1972(l), c. In the case of direct credit substitutes contractually limit the amount of the 3106, 3108, 3310, 3331–3351, 3907, and that take the form of a syndication, that is, 3909. institution’s liability to an amount less than where each banking organization if obligated the effective risk-based capital requirement 2. In Part 225, Appendix A, section only for its pro rata share of the risk and for the assets being transferred with recourse. III.D.1. is revised to read as follows: there is no recourse to the originating If such a transaction (including one that is banking organization, each banking reported as a financing, i.e., the assets are not Appendix A to Part 225—Capital organization will only include its pro rata removed from the balance sheet) meets the Adequacy Guidelines for Bank Holding share of the direct credit substitute in its risk- criteria for sales treatment under GAAP, the Companies: Risked-Based Measure based capital calculation. d. Financial standby letters of credit are amount of total capital required is equal to distinguished from loan commitments the maximum amount of loss possible under * * * * * III. * * * (discussed below) in that standbys are the recourse provision. If the transaction is D. * * * irrevocable obligations of the banking also treated as a sale for regulatory reporting 1. Items with a 100 percent conversion organization to pay a third-party beneficiary purposes, then the required amount of capital factor. when a customer (account party) fails to may be reduced by the balance of any a. A 100 percent conversion factor applies repay an outstanding loan or debt instrument associated non-capital liability account to direct credit substitutes, which include (direct credit substitute). Performance established pursuant to GAAP to cover guarantees, or equivalent instruments, standby letters of credit (performance bonds) estimated probable losses under the recourse backing financial claims, such as outstanding are irrevocable obligations of the banking provision. So-called ‘‘loan strips’’ (that is, securities, loans, and other financial organization to pay a third-party beneficiary short-term advances sold under long-term liabilities, or that back off-balance sheet when a customer (account party) fails to commitments without direct recourse) are items that require capital under the risk- perform some other contractual non-financial defined in the instructions to the commercial based capital framework. Direct credit obligation. bank Call Report and for risk-based capital substitutes include, for example, financial e. The distinguishing characteristic of a purposes as assets sold with recourse. standby letters of credit, or other equivalent standby letter of credit for risk-based capital h. Forward agreements are legally binding irrevocable undertakings or surety purposes is the combination of irrevocability contractual obligations to purchase assets arrangements, that guarantee repayment of with the fact that funding is triggered by with certain drawdown at a specified future financial obligations such as: commercial some failure to repay or perform an date. Such obligations include forward paper, tax-exempt securities, commercial or obligation. Thus, any commitment (by purchases, forward forward deposits individual loans or debt obligations, or whatever name) that involves an irrevocable 45 placed, and partly-paid shares and standby or commercial letters of credit. securities; they do not include commitments Direct credit substitutes also include the 45 That is, a participation in which the originating to make residential mortgage loans or acquisition of risk participations in bankers banking organization remains liable to the forward foreign exchange contracts. acceptances and standby letters of credit, beneficiary for the full amount of the direct credit i. Securities lent by a bank are treated in since both of these transactions, in effect, substitute if the party that has acquired the one of two ways, depending upon whether constitute a guarantee by the acquiring participation fails to pay when the instrument is the lender is at risk of loss. If a bank, as agent banking organization that the underlying drawn. for a customer, lends the customer’s account party (obligor) will repay its 46 Risk participations with a remaining maturity securities and does not indemnify the obligation to the originating, or issuing, of over one year that are conveyed to non-OECD banks are to be assigned to the 100 percent risk customer against loss, then the transaction is institution.44 (Standby letters of credit that excluded from the risk-based capital category, unless a lower risk category is appropriate are performance-related are discussed below to the obligor, guarantor, or collateral. calculation. If, alternatively, a bank lends its 47 A risk participation in bankers acceptances own securities or, acting as agent for a 44 Credit equivalent amounts of acquisitions of conveyed to other institutions is also assigned to risk participations are assigned to the risk category the risk category appropriate to the institution 45 Forward forward deposits accepted are treated appropriate to the account party obligor, or, if acquiring the participation or, if relevant, the as interest rate contracts. relevant, the nature of the collateral or guarantees. guarantor or nature of the collateral. 8182 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations obligation to make a payment to the customer alternatively, a banking organization lends its 1 capital and from assets for purposes of or to a third party in the event the customer own securities or, acting as agent for a calculating both the risk-based and fails to repay an outstanding debt obligation customer, lends the customer’s securities and leverage capital ratios. or fails to perform a contractual obligation is indemnifies the customer against loss, the This regulatory capital limit was treated, for risk-based capital purposes, as transaction is converted at 100 percent and developed on a consistent basis by the respectively, a financial guarantee standby assigned to the risk weight category letter of credit or a performance standby. appropriate to the obligor, to any collateral FDIC, the Board of Governors of the f. A loan commitment, on the other hand, delivered to the lending banking Federal Reserve System (FRB), the involves an obligation (with or without a organization, or, if applicable, to the Office of the Comptroller of the material adverse change or similar clause) of independent custodian acting on the lender’s Currency (OCC), and the Office of Thrift the banking organization to fund its customer behalf. Where a banking organization is Supervision (OTS) (hereafter, the federal in the normal course of business should the acting as agent for a customer in a transaction banking agencies or the agencies) in customer seek to draw down the involving the lending or sale of securities response to the issuance by the commitment. that is collateralized by cash delivered to the Financial Accounting Standards Board g. Sale and repurchase agreements and banking organization, the transaction is (FASB) of Statement No. 109, asset sales with recourse (to the extent not deemed to be collateralized by cash on included on the balance sheet) and forward deposit in a subsidiary lending institution for ‘‘Accounting for Income Taxes’’ (FASB agreements also are converted at 100 purposes of determining the appropriate risk- 109), in February 1992. percent.48 So-called ‘‘loan strips’’ (that is, weight category, provided that any The capital limitation is intended to short-term advances sold under long-term indemnification is limited to no more than balance the FDIC’s continued concerns commitments without direct recourse) are the difference between the market value of about deferred tax assets that are treated for risk-based capital purposes as the securities and the cash collateral received dependent upon future taxable income assets sold with recourse and, accordingly, and any reinvestment risk associated with against the fact that such assets will, in are also converted at 100 percent. that cash collateral is borne by the customer. many cases, be realized. The limitation h. Forward agreements are legally binding * * * * * also ensures that state nonmember contractual obligations to purchase assets By order of the Board of Governors of the banks do not place excessive reliance on with certain drawdown at a specified future Federal By Reserve System, February 7, 1995. date. Such obligations include forward deferred tax assets to satisfy the purchases, forward forward deposits William W. Wiles, minimum capital standards. placed,49 and partly-paid shares and Secretary of the Board. EFFECTIVE DATE: April 1, 1995. securities; they do not include commitments [FR Doc. 95–3469 Filed 2–10–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: to make residential mortgage loans or BILLING CODE 6210±01±P Robert F. Storch, Chief, Accounting forward foreign exchange contracts. Section, Division of Supervision, (202) i. Securities lent by a banking organization are treated in one of two ways, depending 898–8906, or Joseph A. DiNuzzo, upon whether the lender is at risk of loss. If FEDERAL DEPOSIT INSURANCE Counsel, Legal Division, (202) 898– a banking organization, as agent for a CORPORATION 7349, Federal Deposit Insurance customer, lends the customer’s securities and Corporation, 550 17th Street NW., does not indemnify the customer against loss, 12 CFR Part 325 Washington, D.C. 20429. then the transaction is excluded from the RIN 3064±AB20 risk-based capital calculation. If, SUPPLEMENTARY INFORMATION: Capital Maintenance I. Background 48 In regulatory reports and under GAAP, bank holding companies are permitted to treat some asset AGENCY: Federal Deposit Insurance Characteristics of Deferred Tax Assets sales with recourse as ‘‘true’’ sales. For risk-based Corporation (FDIC). Deferred tax assets are assets that capital purposes, however, such assets sold with recourse and reported as ‘‘true’’ sales by bank ACTION: Final rule. reflect, for financial reporting purposes, holding companies are converted at 100 percent amounts that will be realized as and assigned to the risk category appropriate to the SUMMARY: The FDIC is amending its reductions of future taxes or as future underlying obligor or, if relevant, the guarantor or capital standards for insured state receivables from a taxing authority. nature of the collateral, provided that the nonmember banks to establish a transactions meet the definition of assets sold with Deferred tax assets may arise because of recourse (including assets sold subject to pro rata limitation on the amount of certain specific limitations under tax laws of and other loss sharing arrangements), that is deferred tax assets that may be included different tax jurisdictions that require contained in the instructions to the commercial in (that is, not deducted from) Tier 1 that certain net operating losses (i.e., bank Consolidated Reports of Condition and capital for risk-based and leverage Income (Call Report). This treatment applies to any when, for tax purposes, expenses exceed assets, including the sale of 1- to 4-family and capital purposes. Under the final rule, revenues) or tax credits be carried multifamily residential mortgages, sold with deferred tax assets that can be realized forward if they cannot be used to recourse. Accordingly, the entire amount of any through carrybacks to taxes paid on recover taxes previously paid. These assets transferred with recourse that are not already income earned in prior periods included on the balance sheet, including pools of ‘‘tax carryforwards’’ are realized only if 1- to 4-family residential mortgages, are to be generally will not be subject to the institution generates sufficient converted at 100 percent and assigned to the risk limitation for regulatory capital future taxable income during the category appropriate to the obligor, or if relevant, purposes. On the other hand, deferred carryforward period. the nature of any collateral or guarantees. The terms tax assets that can only be realized if an Deferred tax assets may also arise of a transfer of assets with recourse may contractually limit the amount of the institution’s institution earns sufficient taxable from the tax effects of certain events that liability to an amount less than the effective risk- income in the future will be limited for have been recognized in one period for based capital requirement for the assets being regulatory capital purposes to the financial statement purposes but will transferred with recourse. If such a transaction is amount that the institution is expected result in deductible amounts in a future recognized as a sale under GAAP, the amount of total capital required is equal to the maximum to realize within one year of the most period for tax purposes, i.e., the tax amount of loss possible under the recourse recent calendar quarter-end date, based effects of ‘‘deductible temporary provision, less any amount held in an associated on the institution’s projection of taxable differences.’’ For example, many non-capital liability account established pursuant to income for that year, or ten percent of depository institutions may report GAAP to cover estimated probable losses under the recourse provision. Tier 1 capital, whichever is less. higher income to taxing authorities than 49 Forward forward deposits accepted are treated Deferred tax assets in excess of these as interest rate contracts. limitations will be deducted from Tier Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8183 they reflect in their regulatory reports 1 under previous standards, FASB 109 bank’s regulatory capital at precisely the because their loan loss provisions are permits the reporting of deferred tax time it needs capital support the most. expensed for reporting purposes but are assets that are dependent upon future Thus, the inclusion in a bank’s reported not deducted for tax purposes until the taxable income. However, FASB 109 capital of deferred tax assets that are loans are charged off. requires the establishment of a valuation dependent upon future taxable income Deferred tax assets arising from an allowance to reduce deferred tax assets raises supervisory concerns. organization’s deductible temporary to an amount that is more likely than Because of these concerns, the differences may or may not exceed the not (i.e., a greater than 50 percent agencies, under the auspices of the amount of taxes previously paid that the likelihood) to be realized. Federal Financial Institutions organization could recover if the FASB 109 became effective for fiscal Examination Council (FFIEC), temporary differences fully reversed at years beginning on or after December considered how the deferred tax assets the report date. Some of these deferred 15, 1992. The adoption of this standard of depository institutions should be tax assets may theoretically be ‘‘carried has resulted in the reporting of treated for regulatory reporting and back’’ and recovered from taxes additional deferred tax assets in Call capital purposes. In August 1992, the previously paid. On the other hand, Reports and TFRs that have directly FFIEC requested public comment on when deferred tax assets arising from increased institutions’ undivided profits this matter (57 FR 34135, Aug. 3, 1992). deductible temporary differences exceed and Tier 1 capital. After considering the comments such previously paid tax amounts, they received, the FFIEC decided in Concerns Regarding Deferred Tax Assets will be realized only if there is sufficient December 1992, that banks and savings That Are Dependent Upon Future future taxable income during the associations should adopt FASB 109 for Taxable Income carryforward period. Such deferred tax reporting purposes in Call Reports and assets, and deferred tax assets arising The FDIC has certain concerns about Thrift Financial Reports (TFRs) from tax carryforwards, are hereafter including in capital deferred tax assets beginning in the first quarter of 1993 (or referred to as ‘‘deferred tax assets that that are dependent upon future taxable the beginning of their first fiscal year are dependent upon future taxable income. Realization of such assets thereafter, if later). Insured banks were income.’’ depends on whether a bank has notified by the FFIEC that they should sufficient future taxable income during report deferred tax assets in their Call FASB 109 the carryforward period. Since a bank Reports in accordance with FASB 109 in In February 1992, the FASB issued that is in a net operating loss Financial Institutions Letter FIL–97–92 Statement No. 109, which superseded carryforward position is often dated December 31, 1992. For insured Accounting Principles Board Opinion experiencing financial difficulties, its state nonmember banks, this GAAP No. 11 (APB 11) and FASB Statement prospects for generating sufficient reporting standard has superseded the No. 96 (FASB 96), the previous taxable income in the future are regulatory reporting limitation on standards governing accounting for uncertain. In addition, the condition of deferred tax assets established by the income taxes. FASB 109 provides and future prospects for an organization FDIC in Bank Letter BL–36–85 dated guidance on many aspects of accounting often can and do change very rapidly in October 4, 1985. As a consequence, this for income taxes, including the the banking environment. This raises 1985 Bank Letter has been withdrawn. accounting for deferred tax assets. FASB concerns about the realizability of II. Proposed Regulatory Capital 109 generally allows institutions to deferred tax assets that are dependent Treatment of Deferred Tax Assets report certain deferred tax assets on upon future taxable income, even when their balance sheets that they could not a bank ostensibly appears to be sound The FFIEC, in reaching its decision on recognize as assets under previous and well-managed. Thus, for many regulatory reporting, also recommended generally accepted accounting banks, such deferred tax assets may not that each of the federal banking agencies principles (GAAP) and the federal be realized and, for other banks, there is should amend its regulatory capital banking agencies’ prior reporting a high degree of subjectivity in standards to limit the amount of policies.2 Unlike the general practice determining the realizability of this deferred tax assets that can be included asset. In this regard, many banks may be in regulatory capital. In response to the 1 Insured commercial banks and FDIC-supervised able to make reasonable projections of FFIEC’s recommendation, on May 5, savings banks are required to file quarterly 1993, the FDIC issued for public Consolidated Reports of Condition and Income (Call future taxable income for relatively Reports) with their primary federal regulatory short periods of time and actually comment a proposal to adopt the agency (the FDIC, the FRB, or the OCC, as realize the projected income, but recommendation of the FFIEC in full, as appropriate). Insured savings associations file beyond these short time periods, the summarized below (58 FR 26701). The quarterly Thrift Financial Reports (TFRs) with the reliability of the projections tends to FFIEC recommended that the agencies OTS. limit the amount of deferred tax asset 2 Prior reporting policies of the OCC and FDIC, as decrease significantly. Furthermore, set forth in Banking Circular 202 dated July 2, 1985, unlike many other assets, banks that are dependent upon future taxable and Bank Letter BL–36–85 dated October 4, 1985, generally cannot realize the value of income that an institution can include respectively, limited the reporting of deferred tax deferred tax assets by selling them. in regulatory capital to the lesser of: assets in the regulatory reports filed by national (1) the amount of such deferred tax banks and insured state nonmember banks to the In addition, as a bank’s condition amount of taxes previously paid which are deteriorates, it is less likely that assets that the institution expects to potentially available through carryback of net deferred tax assets that are dependent realize within one year of the quarter- operating losses. As such, the OCC and FDIC did upon future taxable income will be end report date, based on its projection not permit the reporting of deferred tax assets that of future taxable income (exclusive of are dependent upon future taxable income in the realized. Therefore, the bank is required Call Reports filed by national and insured state under FASB 109 to reduce its deferred tax carryforwards and reversals of nonmember banks. The FRB and OTS did not issue tax assets through increases to the existing temporary differences) for that policies explicitly addressing the recognition of asset’s valuation allowance. Additions year, or deferred tax assets. Consequently, state member to this allowance would reduce the (2) ten percent of Tier 1 capital before banks and savings associations were able to report deducting any disallowed purchased deferred tax assets in accordance with GAAP. Prior to FASB 109, GAAP, as set forth in APB 11 and reporting of deferred tax assets that are dependent mortgage servicing rights, any FASB 96, also for the most part did not permit the upon future taxable income. disallowed purchased credit card 8184 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations relationships, and any disallowed Responses to the FDIC’s Questions in the reported amount of certain deferred tax assets. The proposed rule requested specific identifiable intangible assets, such as When the recorded amount of comment on a number of questions. core deposit intangibles, which are deferred tax assets that are dependent Question (1): The FDIC’s first question deducted for purposes of computing regulatory capital. upon future taxable income, net of any asked about the appropriateness of the proposed capital limit, particularly the Six commenters indicated that valuation allowance for deferred tax institutions should be permitted to ten percent of Tier 1 capital limitation. assets, exceeds this limitation, the deduct the net after-tax amount of the Eight commenters specifically excess amount would be deducted from intangible asset from capital, not the responded to this question, while the Tier 1 capital and from assets in gross amount of the intangible asset. views expressed by most of the regulatory capital calculations. Deferred These commenters argued that FASB remaining commenters could also be tax assets that can be realized from taxes 109 will create artificially high carrying regarded as responsive to this question. paid in prior carryback years and from values for intangible assets and a related In other words, because more than two- future reversals of existing taxable deferred tax liability when an thirds of the commenters favored temporary differences generally would institution acquires assets with a relying on the proper application of not be limited under the proposal. carryover basis for tax purposes but GAAP to the reporting of deferred tax revalues the assets for financial III. Public Comments on the Proposal assets over establishing a separate reporting purposes. The commenters regulatory capital limit on such assets, The comment period for the FDIC’s generally indicated that, under FASB these commenters generally considered 109, the balance sheet will not proposal closed on June 4, 1993. The the proposed limits to be inappropriate FDIC received comment letters from 23 accurately reflect the value paid for the and unnecessary. Some of those who intangibles. Furthermore, commenters entities, 18 of which were banks or bank commented on this issue noted that any holding companies, four of which were indicated that the increased carrying percentage of capital limit would be value of the intangible asset posed no bank trade associations, and one of inappropriate because realizability is a risk to an institution, because a which was an accounting firm (which function of an institution’s ability to reduction in the value of the asset submitted two comment letters). Only generate future taxable income. Thus, would effectively extinguish the related two commenters expressed support for several letters described the proposed deferred tax liability. or nonobjection to the proposed ten percent limit as arbitrary and too On the other hand, one commenter regulatory capital limitation, although conservative. indicated that deferred tax assets each raised an implementation question One commenter noted that healthy resulting from the gross-up effect in about the limit. Two others favored the banks typically earn in excess of ten certain business combinations should concept of a regulatory capital percent of Tier 1 capital each year, not be treated differently from other limitation on deferred taxes, but thereby ensuring that this percentage deferred tax assets. recommended that the limit be set in a limit will be the operative limit for such Question (3): The FDIC’s third different manner than was proposed. banks. This commenter suggested question inquired about (a) the potential Three commenters seemed to suggest setting the percentage limitation for burden associated with the proposal and that deferred tax assets should not be institutions that are deemed to be ‘‘well- whether a limitation based on included in regulatory capital at all. The capitalized’’ for prompt corrective projections of future taxable income remaining 16 commenters, including all action purposes at 20 percent of Tier 1 would be difficult to implement and (b) of the larger banking organizations that capital. the appropriateness of the separate commented, expressed a preference for Another commenter likened deferred entity method for determining the tax assets to the two identifiable placing no limit on the amount of proposed limit on deferred tax assets intangible assets, purchased mortgage deferred tax assets that can be included and for tax sharing agreements in servicing rights (PMSRs) and purchased in regulatory capital. These commenters general. credit card relationships (PCCRs), that Question (3)(a): The FDIC received generally indicated that a regulatory are included in Tier 1 capital. This seven comment letters specifically capital limitation on deferred tax assets commenter’s recommendation was to addressing the issue of potential burden is unnecessary because FASB 109 apply the existing percentage limits for and a limitation based on income contains sufficient safeguards to ensure these two intangibles to deferred tax projections. that the amount of deferred tax assets assets, i.e., a 50 percent of Tier 1 capital Two commenters supported the use of carried on an institution’s balance sheet limit for the total of PMSRs, PCCRs, and income projections. The first one stated is realizable. Instead, they supported the deferred tax assets along with 25 that capital limitations on deferred tax full adoption of FASB 109 for both percent of Tier 1 capital sublimits for assets based on projected future taxable regulatory reporting and regulatory both PCCRs and deferred tax assets. income should not be difficult to capital purposes, indicating that such an Question (2): The second question implement and should not impose an approach would limit regulatory dealt with whether certain identifiable additional burden. This commenter burden. Nevertheless, while preferring assets acquired in a nontaxable business noted that many institutions already no capital limit on deferred tax assets, combination accounted for as a forecast future taxable income in order two commenters considered the purchase should be adjusted for the tax to support the recognition of deferred agencies’ decision to include some effect of the difference between the tax assets on their balance sheets. The deferred tax assets that are dependent market or appraised value of the asset second commenter similarly observed upon future taxable income in and its tax basis. Under FASB 109, this that these taxable income projections regulatory capital as a positive step tax effect is recorded separately in a must be evaluated by institutions’ compared to prior regulatory policies deferred tax liability account, whereas independent auditors and that the and proposals permitting little or no under previous GAAP, this tax effect subjectivity and complexity involved in inclusion of such deferred tax assets in reduced the amount of the intangible such projections are no greater than for regulatory reports and regulatory asset. This change in treatment could the process of determining loan loss capital. cause a large increase, i.e., a ‘‘gross-up,’’ reserves. Another commenter added that Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8185 these calculations should not pose any All of these commenters opposed the on to state that the proposal should be problems, provided they are done on a separate entity approach, although one modified to permit institutions to consolidated basis. One other commenter appeared to support this consider strategies that would ensure commenter, who did not appear to approach for banks that do not have a realization of deferred tax assets within oppose the concept of income ‘‘strong’’ holding company. Commenters the one-year time frame. projections, nevertheless reported that argued that the separate entity approach Question (4)(b): Six commenters requiring banks to project their taxable is artificial and that tax-sharing specifically addressed the full reversal income for the next year at the end of agreements between financially capable of temporary differences assumption each interim quarter presents a bank holding companies and bank and all but one agreed that this potentially difficult burden to smaller subsidiaries should be considered when assumption is appropriate. One banks. evaluating the recognition of deferred commenter observed that this In addition, one commenter who did tax assets for regulatory capital assumption would eliminate the burden not directly address the burden of purposes. Commenters also stated that of scheduling the ‘‘turnaround’’ of income projections recommended that the separate entity method is temporary differences. In contrast, one the FDIC clarify the term ‘‘expected to unnecessarily restrictive and is contrary commenter felt that this assumption was be realized within one year.’’ This to bank tax management practices. It not realistic. commenter suggested that the term was suggested that any systematic and Question (5): The FDIC’s final should mean the amount of deferred tax rational method that is in accordance question asked whether the definition assets that could be absorbed by the with GAAP should be permitted for the for the term ‘‘deferred tax assets that are expected amount of income taxes that calculation of the limitation for each dependent upon future taxable income’’ would result from an institution’s bank. should appear in the rule, as proposed, projected future taxable income for the One commenter’s opposition to the or in the Call Report instructions. The next 12 months, and not the amount of separate entity approach was based on only commenter who responded to this deferred tax assets that actually will be the view that the limitation is not question indicated that the Call Report used. consistent with the Federal Reserve instructions should reference Board’s 1987 ‘‘Policy Statement on the In contrast, three commenters definitions in the tax rules and FASB Responsibility of Bank Holding specifically opposed an income 109. Companies to Act as Sources of Strength approach, preferring that a limit be to Their Subsidiary Banks’’ and the IV. Final Rule determined by other means. These FDIC’s 1990 ‘‘Statement of Policy commenters opposed the income Limitation on Deferred Tax Assets Regarding Liability of Commonly approach because they believe that Controlled Depository Institutions,’’ After considering the comments projecting future earnings involves which, in some respects, treat a received on the proposed rule and either too much subjectivity or controlled group as one entity. Another consulting with the other federal complexity. Instead, the three commenter contended that the effect of banking agencies, the FDIC is limiting commenters expressed a preference for a separate entity calculation would be to the amount of deferred tax assets that setting the regulatory capital limit for reduce bank capital which is needed for are dependent on future taxable income deferred tax assets solely as a percentage future lending, an outcome that would that can be included in Tier 1 capital for of capital. Two of these commenters be inconsistent with the objectives of risk-based and leverage capital suggested that the deferred tax asset the March 10, 1993, ‘‘Interagency Policy purposes. The limitation is consistent limit should be a function of an Statement on Credit Availability.’’ This with both the FDIC’s proposal and the institution’s capital level for prompt same commenter as well as one other recommendation of the FFIEC’s Task corrective action purposes, with the further noted that the required use of Force on Supervision to the agencies as highest limit for ‘‘well capitalized’’ the separate entity method creates announced by the FFIEC on November banks. The other commenter significant regulatory burden and adds 18, 1994. Under the final rule, for recommended that the FDIC adopt to the cost and complexity of calculating regulatory capital purposes, deferred tax percentage of capital limits consistent deferred tax assets for both bankers and assets that are dependent upon future with those applicable to purchased regulators. taxable income are limited to the lesser mortgage servicing rights and purchased Question (4): The FDIC’s fourth of: credit card receivables. On the other question requested comment on the (1) the amount of such deferred tax hand, one commenter specifically appropriateness of the provisions of the assets that the institution expects to opposed the establishment of a capital proposal that would (a) consider tax realize within one year of the quarter- limitation based upon the perceived planning strategies as part of an end report date, based on its projection ‘‘health’’ of an institution, stating that institution’s projections of taxable of future taxable income (exclusive of this method could lead to arbitrary and income for the next year and (b) assume tax carryforwards and reversals of inconsistent measures of capital that all temporary differences fully existing temporary differences), or adequacy. reverse at the report date. (2) ten percent of Tier 1 capital before Question (3)(b): Seven commenters Question (4)(a): The FDIC’s proposal deducting any disallowed purchased expressed opinions concerning the stated that the effect of tax planning mortgage servicing rights, any separate entity method. The FDIC’s strategies that are expected to be disallowed purchased credit card proposal stated that the capital limit for implemented to realize tax relationships, and any disallowed deferred tax assets would be determined carryforwards that will otherwise expire deferred tax assets. on a separate entity basis for each during the next year should be included Deferred tax assets that can be insured state nonmember bank. Under in taxable income projections. Five realized from taxes paid in prior this method, a bank (together with its commenters addressed this issue. All of carryback years and from the reversal of consolidated subsidiaries) that is a these commenters expressed support for existing taxable temporary differences subsidiary of a holding company is including tax planning strategies in an generally are not limited under the final treated as a separate taxpayer rather institution’s projection of taxable rule. The reported amount of deferred than as part of a consolidated group. income. However, one commenter went tax assets, net of its valuation 8186 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations allowance, in excess of the limitation limited to ten percent of Tier 1 capital, require an institution to determine its will be deducted from Tier 1 capital for since the FDIC believes such assets limitation on deferred tax assets on a purposes of calculating both the risk- should not comprise a large portion of jurisdiction-by-jurisdiction basis. While based and leverage capital ratios. Banks a bank’s capital base given the an approach that looks at each should not include the amount of uncertainty of realization associated jurisdiction separately theoretically may disallowed deferred tax assets in risk- with these assets and the difficulty in be more accurate, the FDIC does not weighted assets in the risk-based capital selling these assets apart from the bank. believe the greater precision that would ratio and should deduct the amount of Furthermore, a ten percent of capital be achieved in mandating such an disallowed deferred tax assets from limit also reduces the risk that an overly approach outweighs the complexities average total assets in the leverage optimistic estimate of future taxable involved and its inherent cost to capital ratio. Deferred tax assets income will cause a bank to institutions. Therefore, to limit included in capital continue to be significantly overstate the allowable regulatory burden, a bank may calculate assigned a risk weight of 100 percent. amount of deferred tax assets. one overall limit on deferred tax assets To determine the limit, a bank should Banks are required to follow FASB that covers all tax jurisdictions in which assume that all temporary differences 109 for regulatory reporting purposes the bank operates. fully reverse as of the report date. The and, accordingly, are already making Available-for-sale Securities: Under amount of deferred tax assets that are projections of taxable income. The ten FASB Statement No. 115, ‘‘Accounting dependent upon future taxable income percent of Tier 1 capital calculation also for Certain Investments in Debt and that is expected to be realized within is straightforward. In addition, banks Equity Securities’’ (FASB 115), one year means the amount of such have been reporting the amount of ‘‘available-for-sale’’ securities are deferred tax assets that could be deferred tax assets that would be reported in regulatory reports at fair absorbed by the amount of income taxes disallowed under the proposal in their value, with unrealized holding gains that are expected to be payable based Call Reports since the March 31, 1993, and losses on such securities, net of tax upon the bank’s projected future taxable report date. Therefore, the FDIC believes effects, included in a separate income for the next 12 months. that banks will not have significant component of stockholders equity. Estimates of taxable income for the next difficulty in implementing this final These tax effects may increase or year should include the effect of tax rule. In this regard, as of the September decrease the reported amount of a planning strategies that the bank is 30, 1994, report date, more than one bank’s net deferred tax assets. planning to implement to realize tax third of the 7,000 state nonmember The FDIC has recently decided to carryforwards that will otherwise expire banks carried no net deferred tax assets exclude from regulatory capital the during the year. Consistent with FASB on their balance sheets. Fewer than 300 amount of net unrealized holding gains 109, the FDIC believes tax planning state nonmember banks with net and losses on available-for-sale strategies are carried out to prevent the deferred tax assets reported that any securities (except net unrealized expiration of such carryforwards. These portion of this asset would have been holding losses of available-for-sale provisions of the final rule are disallowed under the proposal. equity securities with readily consistent with the proposed rule. determinable fair values) (59 FR 66662, The capital limitation is intended to Guidance on Specific Implementation Dec. 28, 1994). Therefore, it would be balance the FDIC’s continued concerns Issues consistent to exclude the deferred tax about deferred tax assets that are In response to the comments received effects relating to unrealized holding dependent upon future taxable income and after discussions with the other gains and losses on these available-for- against the fact that such assets will, in federal banking agencies, the FDIC is sale securities from the calculation of many cases, be realized. The limitation providing the following additional the allowable amount of deferred tax also ensures that state nonmember guidance concerning the assets for regulatory capital purposes. banks do not place excessive reliance on implementation of the limit. On the other hand, requiring the deferred tax assets to satisfy the Projecting Future Taxable Income: exclusion of such deferred tax effects minimum capital standards. Banks may choose to use the future would add significant complexity to the The final rule generally permits full taxable income projections for their regulatory capital standards and in most inclusion of deferred tax assets current fiscal year (adjusted for any cases would not have a significant potentially recoverable from carrybacks, significant changes that have occurred impact on regulatory capital ratios. since these amounts normally will be or are expected to occur) when applying Therefore, when determining the realized. The final rule also includes in the capital limit at an interim report capital limit for deferred tax assets, the Tier 1 capital those deferred tax assets date rather than preparing a new one- FDIC has decided to permit, but not that are dependent upon future taxable year projection each quarter. One require, institutions to adjust the income, if they can be recovered from commenter expressed concern about the reported amount of deferred tax assets projected taxable income during the potential burden and difficulty of for any deferred tax assets and liabilities next year, provided this amount does preparing revised projections each arising from marking-to-market not exceed ten percent of Tier 1 capital. quarter, particularly for smaller banks. available-for-sale debt securities for The FDIC is limiting projections of In addition, the final rule does not regulatory reporting purposes. This future taxable income to one year specify how originating temporary choice will reduce implementation because the FDIC believes that banks differences should be treated for burden for institutions not wanting to generally are capable of making taxable purposes of projecting future taxable contend with the complexity arising income projections for the following income for the next year. Each from such adjustments, while twelve month period that have a institution should decide whether to permitting those institutions that want reasonably good probability of being adjust its income projections for to achieve greater precision to make achieved. However, the reliability of originating temporary differences and such adjustments. Institutions must projections tends to decrease should follow a reasonable and follow a consistent approach with significantly beyond that time period. consistent approach. respect to such adjustments. Deferred tax assets that are dependent Tax Jurisdictions: Unlike the Separate Entity Method: Under the upon future taxable income are also proposed rule, the final rule does not proposed rule, the capital limit would Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8187 be determined on a separate entity basis in the same treatment for intangibles deferred tax assets disallowed for by each bank that was a subsidiary of a acquired in purchase business regulatory capital purposes. (OMB holding company. The use of a separate combinations as under the accounting Control Number 3064–0052.) Therefore, entity approach for income tax sharing standards in effect prior to FASB 109. this final rule will not increase banks’ agreements (including intercompany tax However, a deferred tax liability netted existing regulatory paperwork burden. payments and current and deferred in this manner may not also be netted taxes) is generally required by the against deferred tax assets when List of Subjects in 12 CFR Part 325 FDIC’s 1978 Statement of Policy on determining the amount of deferred tax Bank deposit insurance, Banks, Income Tax Remittance by Banks to assets that are dependent upon future banking, Capital adequacy, Reporting Holding Company Affiliates, and similar taxable income. Netting will not be and recordkeeping requirements, policies are followed by the other permitted against purchased mortgage Savings associations, State nonmember federal banking agencies. Thus, any servicing rights and purchased credit banks. change to the separate entity approach card relationships, since these For the reasons set forth in the for deferred tax assets would also need intangible assets are deducted for preamble, the Board of Directors of the to consider changes to this policy capital adequacy purposes only if they Federal Deposit Insurance Corporation statement, which is outside the scope of exceed specified capital limits. hereby amends part 325 of title 12 of the this rulemaking. The FDIC also notes Leveraged Leases: While not expected Code of Federal Regulations as follows: that income tax data in bank regulatory to significantly affect many banks, one reports generally are required to be commenter stated that future net tax PART 325ÐCAPITAL MAINTENANCE prepared using a separate entity liabilities related to leveraged leases 1. The authority citation for Part 325 approach and consistency between acquired in a purchase business continues to read as follows: these reports would be reduced if combination are included in the value institutions were permitted to use other assigned to the leveraged leases and are Authority: 12 U.S.C. 1815(a), 1815(b), methods for calculating deferred tax not shown on the balance sheet as part 1816, 1818(a), 1818(b), 1818(c), 1818(t), assets in addition to a separate entity of an institution’s deferred taxes. This 1819(Tenth), 1828(c), 1828(d), 1828(i), approach. Thus, while a number of the artificially increases the amount of 1828(n), 1828(o), 1831o, 3907, 3909; Pub. L. deferred tax assets for those institutions 102–233, 105 Stat. 1761, 1789, 1790 (12 commenters suggested that the FDIC U.S.C. 1831n note); Pub. L. 102–242, 105 consider permitting other approaches, that acquire leveraged leases. Thus, this Stat. 2236, 2355, 2386 (12 U.S.C. 1828 note). the FDIC has decided that the final rule commenter continued, the future taxes should retain the separate entity payable included in the valuation of a § 325.2 [Amended] approach. leveraged lease portfolio in a purchase 2. Section 325.2 is amended in The final rule departs from the business combination should be treated paragraphs (t) and (v) by adding ‘‘minus separate entity approach in one as a taxable temporary difference whose deferred tax assets in excess of the limit situation. This situation arises when a reversal would support the recognition set forth in § 325.5(g),’’ after ‘‘12 CFR bank’s parent holding company, if any, of deferred tax assets, if applicable. The part 567),’’. does not have the financial capability to FDIC agrees with this commenter and, 3. Section 325.5 is amended: reimburse the bank for tax benefits therefore, banks may use the deferred a. In paragraphs (f)(3)(i) and (f)(4)(i), derived from the bank’s carryback of net tax liabilities that are embedded in the by removing the word ‘‘and’’, by adding operating losses or tax credits. If this carrying value of a leveraged lease to a comma after ‘‘rights’’, and by adding occurs, the amount of carryback reduce the amount of deferred tax assets ‘‘, and any disallowed deferred tax potential the bank may consider in subject to the capital limit. assets’’ after ‘‘relationships’’; and calculating the amount of deferred tax b. By adding a new paragraph (g) to V. Regulatory Flexibility Act Analysis assets that may be included in Tier 1 read as follows: capital may not exceed the amount The FDIC does not believe that the which the bank could reasonably expect adoption of this final rule will have a § 325.5 Miscellaneous. to have refunded by its parent. This significant economic impact on a * * * * * provision of the final rule is consistent substantial number of small business (g) Treatment of deferred tax assets. with the proposed rule. entities (in this case, small banks), in For purposes of calculating Tier 1 Gross-up of Intangibles: As noted accordance with the spirit and purposes capital under this part (but not for above, the manner in which FASB 109 of the Regulatory Flexibility Act (5 financial statement purposes), deferred must be applied when accounting for U.S.C. 601 et seq.). In this regard, the tax assets are subject to the conditions, purchase business combinations can vast majority of small banks currently limitations, and restrictions described in lead to a large increase (i.e., ‘‘gross-up’’) have very limited amounts of net this section. in the reported amount of certain deferred tax assets, which are the (1) Deferred tax assets that are intangible assets, such as core deposit subject of this proposal, as a component dependent upon future taxable income. intangibles, which are deducted for of their capital structures. Furthermore, These assets are: purposes of computing regulatory adoption of this final rule, in (i) Deferred tax assets arising from capital. Commenters stated that the combination with the adoption of FASB deductible temporary differences that increased carrying value of such an 109 for regulatory reporting purposes, exceed the amount of taxes previously intangible posed no risk to an will allow many banks to increase the paid that could be recovered through institution, because a reduction in the amount of deferred tax assets they loss carrybacks if existing temporary value of the asset would effectively include in regulatory capital. differences (both deductible and taxable extinguish the related deferred tax and regardless of where the related liability. The FDIC agrees with these VI. Paperwork Reduction Act deferred tax effects are reported on the commenters and, consequently, will The FDIC has previously received balance sheet) fully reverse at the permit, for capital adequacy purposes, approval from the Office of Management calendar quarter-end date; and the netting of deferred tax liabilities and Budget (OMB) to collect in the (ii) Deferred tax assets arising from arising from this gross-up effect against Reports of Condition and Income (Call operating loss and tax credit related intangible assets. This will result Reports) information on the amount of carryforwards. 8188 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations (2) Tier 1 capital limitations. (i) The any unrealized holding gains and losses B. * * * maximum allowable amount of deferred on available-for-sale debt securities may (5) Deferred tax assets in excess of the limit tax assets that are dependent upon be excluded from the determination of set forth in § 325.5(g). These disallowed future taxable income, net of any the amount of deferred tax assets that deferred tax assets are deducted from the valuation allowance for deferred tax are dependent upon future taxable core capital (Tier 1) elements. assets, will be limited to the lesser of: income and the calculation of the * * * * * (A) The amount of deferred tax assets maximum allowable amount of such that are dependent upon future taxable assets. If these deferred tax effects are Appendix A to Part 325 [Amended] income that is expected to be realized excluded, this treatment must be within one year of the calendar quarter- 6. Table I in Appendix A to part 325 followed consistently over time. is amended by redesignating footnote 3 end date, based on projected future (5) Intangible assets acquired in as footnote 4, by adding a new entry at taxable income for that year; or nontaxable purchase business the end under ‘‘Core Capital (Tier 1)’’ (B) Ten percent of the amount of Tier combinations. A deferred tax liability and by adding a new footnote 3 to read 1 capital that exists before the deduction that is specifically related to an as follows: of any disallowed purchased mortgage intangible asset (other than purchased servicing rights, any disallowed mortgage servicing rights and purchased TABLE I.ÐDEFINITION OF QUALIFYING purchased credit card relationships, and credit card relationships) acquired in a any disallowed deferred tax assets. nontaxable purchase business CAPITAL (ii) For purposes of this limitation, all combination may be netted against this [Note: See footnotes at end of table] existing temporary differences should intangible asset. Only the net amount of be assumed to fully reverse at the the intangible asset must be deducted Minimum require- calendar quarter-end date. The recorded Components ments and limitations from Tier 1 capital. When a deferred tax after transition period amount of deferred tax assets that are liability is netted in this manner, the dependent upon future taxable income, taxable temporary difference that gives Core Capital net of any valuation allowance for rise to this deferred tax liability must be (Tier 1) * ** deferred tax assets, in excess of this excluded from existing taxable limitation will be deducted from assets temporary differences when *** * * and from equity capital for purposes of determining the amount of deferred tax Less: Certain de- ferred tax assers.3 determining Tier 1 capital under this assets that are dependent upon future part. The amount of deferred tax assets taxable income and calculating the ***** that can be realized from taxes paid in maximum allowable amount of such prior carryback years and from the assets. 3 Deferred tax assets are subject to the cap- reversal of existing taxable temporary 4. Section I.A.1. of appendix A to part ital limitations set forth in § 325.5(g). differences generally would not be 325 is amended by revising the first * * * * * deducted from assets and from equity paragraph following the definitions of By order of the Board of Directors. capital. However, notwithstanding the Core capital elements to read as follows: above, the amount of carryback Dated at Washington, D.C., this 31st day of potential that may be considered in Appendix A to Part 325—Statement of Policy January 1995. calculating the amount of deferred tax on Risk-Based Capital Federal Deposit Insurance Corporation. assets that a member of a consolidated * * * * * Robert E. Feldman, I. * * * group (for tax purposes) may include in Acting Executive Secretary. Tier 1 capital may not exceed the A. * * * amount which the member could 1. * * * [FR Doc. 95–3179 Filed 2–10–95; 8:45 am] At least 50 percent of the qualifying total reasonably expect to have refunded by capital base should consist of Tier 1 capital. BILLING CODE 6714±01±P its parent. Core (Tier 1) capital is defined as the sum of (3) Projected future taxable income. core capital elements 3 minus all intangible Projected future taxable income should assets other than mortgage servicing rights CONSUMER PRODUCT SAFETY not include net operating loss and purchased credit card relationships 4 and COMMISSION carryforwards to be used within one minus any disallowed deferred tax assets. year of the most recent calendar quarter- * * * * * 16 CFR Part 1500 end date or the amount of existing 5. Section I.B. of Appendix A to part temporary differences expected to 325 is amended by adding a new Statement of Policy or Interpretation; reverse within that year. Projected paragraph (5) immediately after Enforcement Policy for Art Materials future taxable income should include paragraph (4) and preceding the final AGENCY: Consumer Product Safety the estimated effect of tax planning undesignated paragraph of Section I.B. Commission. strategies that are expected to be to read as follows: ACTION: implemented to realize tax * * * * * Final rule; statement of carryforwards that will otherwise expire I. * * * enforcement policy. during that year. Future taxable income projections for the current fiscal year 3 In addition to the core capital elements, Tier 1 SUMMARY: In 1988, Congress enacted the (adjusted for any significant changes may also include certain supplementary capital Labeling of Hazardous Art Materials Act that have occurred or are expected to elements during the transition period subject to which mandated a labeling standard certain limitations set forth in section III of this occur) may be used when applying the statement of policy. and certain other requirements for art capital limit at an interim calendar 4 An exception is allowed for intangible assets materials. Based on its experience quarter-end date rather then preparing a that are explicitly approved by the FDIC as part of enforcing these requirements, the new projection each quarter. the bank’s regulatory capital on a specific case Commission is issuing a statement of (4) Unrealized holding gains and basis. These intangibles will be included in capital enforcement policy to more clearly for risk-based capital purposes under the terms and losses on available-for-sale debt conditions that are specifically approved by the apprise the public of its intended securities. The deferred tax effects of FDIC. enforcement focus. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8189 DATES: Effective Date; February 13, statement indicating that it has been 2. The Statement of Enforcement Policy 1995. reviewed in accordance with the The distinctions made in the October Applicability Dates: For items for standard. The standard, which is set 9, 1992 notice have proved which this policy relieves a restriction, forth at 16 CFR 1500.14(b)(8), and unsatisfactory in the practical this policy is applicable for products section 2(p) of the FHSA, 15 U.S.C. enforcement of the LHAMA introduced into interstate commerce on 1261(p), provide additional information requirements. The staff has found that or after February 13, 1995. For items on the required content of labels and the these categories, and enforcement against which the Commission conformance statement. policies based on the categories, may previously stated it would not enforce B. The Scope of ‘‘Art Materials’’ lead to inconsistent determinations. under LHAMA, the policy becomes Thus, the Commission began to applicable for products introduced into 1. The Statute and Previous Commission reconsider its enforcement of the interstate commerce on or after August Interpretation LHAMA requirements against certain 14, 1995. The requirements described above products. On March 8, 1994, the FOR FURTHER INFORMATION CONTACT: Commission published a proposed Mary Toro, Division of Regulatory apply to ‘‘art materials’’ as broadly defined in LHAMA. The term art Enforcement Policy for Art Materials. 59 Management, Office of Compliance and FR 10761. Today, the Commission is Enforcement, Consumer Product Safety material is defined in the statute as ‘‘any substance marketed or represented by finalizing its enforcement policy Commission, Washington, DC 20207; essentially as it was proposed. This telephone (301) 504–0400. the producer or repackager as suitable for use in any phase of the creation of notice restates the enforcement policy, SUPPLEMENTARY INFORMATION: any work of visual or graphic art of any clarifies several issues, and responds to public comments received on the A. Background medium.’’ 15 U.S.C. 1277(b)(1). The definition applies to art materials proposal. This interpretation will In 1988, Congress enacted the intended for users of any age, but supersede the enforcement policy stated Labeling of Hazardous Art Materials Act excludes pesticides, drugs, devices, and in the October 9, 1992 notice and other (‘‘LHAMA’’), 15 U.S.C. 1277. Through cosmetics subject to other federal related interpretations. LHAMA, Congress expressed its desire statutes, Id. 1277(b) (1) and (2). The Commission will focus its that art materials should be labeled to enforcement efforts on items that have warn consumers of potential chronic When the Commission issued the traditionally been considered art hazards. LHAMA mandated a voluntary final rule implementing the LHAMA materials, such as paints, inks, solvents, standard, ASTM D 4236, with certain provisions on October 9, 1992, it pastes, ceramic glazes, and crayons, and modifications, as a mandatory recognized that the statutory definition on other items that may present a risk Commission rule under section 3(b) of of art material could be interpreted to of chronic injury. This enforcement the Federal Hazardous Substances Act reach far beyond the common policy will not compromise public (‘‘FHSA’’). perception of the meaning of that term. safety because there is virtually no risk On October 9, 1992, the Commission Accordingly, the Commission identified of chronic health effects with the types issued a notice in the Federal Register three categories of products that it of products and materials—such as that codified the standard as mandated would not enforce the LHAMA paper or hard plastic—that the by Congress. 57 FR 46626. (At that time, requirements against, although they Commission will not enforce against. the Commission also issued guidelines arguably fall within the statutory Also, even if such products presented for determining when a product definition of art materials. Specifically, such a risk, the Federal Hazardous presents a chronic hazard, and a the Commission stated that it would not Substances Act, 15 U.S.C. 1261(p), supplemental regulatory definition of enforce the LHAMA requirements requires cautionary labeling for any the term ‘‘toxic’’ that explicitly includes against tools, implements, and furniture article intended or packaged for chronic toxicity.) The standard is that were used in the process of creating household use if it contains a hazardous codified at 16 CFR 1500.14(b)(8). a work of art but do not become part of substance. This includes, but is not LHAMA and the standard it mandated the work of art (called ‘‘category 3 limited to, art materials that, under provide certain requirements for art products’’ in the October 9, 1992 reasonably foreseeable conditions of materials. Under these requirements, the notice). Examples provided of items that purchase, storage, or use, may be used producer or repackager of an art might fall into this category were in or around the household. Unless material must submit the product’s drafting tables and chairs, easels, expressly exempted, children’s articles formulation to a toxicologist to picture frames, canvas stretchers, are banned under the FHSA if they are determine whether the art material has potter’s wheels, hammers, chisels, and or contain a hazardous substance. The potential to produce chronic adverse air pumps for air brushes. Commission believes that the public health effects through customary or The Commission also delineated two interest will be better served by this reasonably foreseeable use. If the general categories of products which exercise of enforcement discretion toxicologist determines that the art could fall within the statutory definition because the staff can use its limited material has this potential, the producer and against which the Commission resources more efficiently to pursue or repackager must use suitable labeling would enforce the LHAMA enforcement actions against those art on the product. The producer or requirements. The October 9, 1992 materials that present the greatest risk of manufacturer of the art material must notice identified these items as products chronic health effects. submit to the Commission (1) the which actually become a component of The Commission will not enforce criteria the toxicologist uses to the work of art (e.g., paint, canvas, inks) against the following types of products determine whether the producer/ (previously ‘‘category 1 products’’) and under LHAMA. repackager’s product presents a chronic products closely and intimately (1) General use products. The hazard and (2) a list of art materials that associated with the creation of an art Commission will not take enforcement require chronic hazard labeling. The work (e.g., brush cleaners, solvents, action under LHAMA against general standard also requires that the product photo developing chemicals) use products which might incidentally bear or be displayed with a conformance (previously ‘‘category 2 products’’). be used to create art, unless a particular 8190 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations product is specifically packaged, Commission will not enforce the C. Craft and Hobby Kits and Supplies promoted, or marketed in a manner that LHAMA requirements. 1. Kits would lead a reasonable person to (4) Specific Materials. The conclude that it is intended for use as Commission will also not take a. Previous Interpretation an art material. Examples of such enforcement action under LHAMA In enforcing LHAMA, the general use products are common wood against the following specifically Commission has encountered the pencils, pens, markers, and chalk. For enumerated materials: paper, cloth, question of the applicability of LHAMA enforcement purposes, the Commission requirements to certain craft or hobby presumes that these types of items are plastic, film, yarn, threads, rubber, sand, wood, stone, tile, masonry, and metal. kits. The basic issue centers on the not art materials. The presumption can meaning of the term ‘‘work of art.’’ In be overcome, however, by evidence that Several of these materials are often used previous letters to industry, the staff has such an item is intended for specific use as a surface for art work while others are advised that the determination depends in creating art. Factors the Commission used to create the work of art itself. on whether the end product produced will consider to determine the status of Regardless of whether such items are from the kit would be primarily such items include how the items are used as a surface or not, the functional or aesthetic. If the former packaged (e.g., packages of multiple Commission will not enforce the were true, the staff has said that the end colored pencils, chalks, or markers LHAMA requirements against them. product would not be a work of art and unless promoted for non-art material The guidance given in (3) and (4) none of the components would be art uses are likely to be art materials), how above does not apply if the processing materials. If the latter were true, the end they are marketed and promoted (e.g., or handling of a material exposes users pencils and pens intended specifically product would be a work of art and all to chemicals in or on the material in a for sketching and drawing are likely to of the components of the kit would be manner which makes those chemicals be art materials), and where they are art materials. This distinction proved sold (e.g., products sold in an art supply susceptible to being ingested, absorbed difficult for practical enforcement, and store are likely to be art materials). through the skin, or inhaled. The has raised the possibility of inconsistent (2) Tools, implements, and furniture. Commission believes that in most cases, enforcement results. For example, if the The Commission will not take the surfaces and specific materials listed same paints that were included in a kit enforcement action under LHAMA do not present a chronic risk. These to make a working model airplane were against tools, implements, and furniture types of materials are unlikely to allow also included in a paint-by-number set, used in the creation of a work of art, exposure. However, if it is likely that under the staff’s previous interpretation, such as brushes, chisels, easels, picture reasonably foreseeable handling or use the Commission would enforce the frames, drafting tables and chairs, of the material would expose the LHAMA requirements against the paints canvas stretchers, potter’s wheels, consumer to chemicals, the Commission in the second kit, but not in the first. hammers, and air pumps for air brushes. will enforce all LHAMA requirements b. Statement of Enforcement Policy In this policy statement the Commission with respect to that product. This is a After considering the above, as well as expands the scope of what were referred question of potential exposure, not the the purpose of LHAMA to alert to as ‘‘category 3’’ art materials in the manufacturer’s assessment of hazard. consumers to the potential dangers October 9, 1992 notice. Based on the Thus, even if the chemical to which the Commission’s enforcement experience, associated with products used in the consumer might be exposed is creation of art, the Commission the Commission will consider some potentially non-hazardous, the items that it previously categorized as published its proposed policy to clarify Commission would enforce the LHAMA its enforcement of LHAMA concerning closely and intimately associated with requirements, including review by a creation of a work of art (previously craft and hobby kits. The Commission is toxicologist. This is consistent with finalizing that aspect of the policy as ‘‘category 2’’ products) to be tools, Congress’s intention that a toxicologist, implements and furniture. The proposed. As explained below, the not the manufacturer, should assess the Commission believes that these items Commission believes that its LHAMA potential chronic hazard. (brushes, kilns, and molds) are better enforcement should include both (1) characterized as tools and implements For example, paper stickers marketed kits to make items for display and (2) against which the Commission will not or promoted as art materials often have kits which involve decorating an item, enforce the LHAMA requirements. The an adhesive backing that users lick. The regardless of the end use of the item Commission believes this revised act of licking the backing can result in created. Models and similar kits to make interpretation is more consistent with the ingestion of chemicals, and the hobby or art/craft items can have dual the purposes of LHAMA. They are not LHAMA requirements will therefore be purposes, both functional and for like the more traditional art materials enforced. For self-adhesive stickers, on display. In addition, when a consumer mentioned in LHAMA floor debates, the other hand, which present little risk creatively decorates a functional object, and they are unlikely to pose a chronic of exposure, the staff will generally it arguably becomes a work of art just as hazard to the user. refrain from enforcement unless there is decorated canvas or paper would. (3) Surface materials. The reason to believe that the nature of a Therefore, the Commission believes that Commission will not take enforcement particular sticker and its intended use materials for decorating and assembling action under LHAMA against the presents a genuine risk of exposure to a models and art/craft items come within the reach of LHAMA. The Commission surface materials to which an art potential chemical hazard either by material is applied. Examples are believes that the following ingestion or absorption. coloring books and canvas. In many interpretation is more workable than the instances, an art material is applied to Another example involves plastic. If previous one and is consistent with the a surface such as paper, plastic, wood, the artistic use for which the plastic is intent of Congress. or cloth. These surfaces continue to be intended requires heating or melting it For kits that include materials to components of the work of art and thus in a manner that results in the emission decorate products whether the products art materials, but are now characterized of chemical vapors, the LHAMA are functional, for display, or both, the as products against which the requirements will be enforced. Commission will enforce the LHAMA Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8191 requirements against materials in the kit considered art materials. Spray intended use. However, commenters did that are intended to decorate or adhesives and rubber cements will raise several specific criticisms of assemble an item in the kit—i.e., normally be considered art materials certain aspects of the proposed policy. traditional art materials, such as, paints, unless they are marketed for some These comments and the Commission’s crayons, colored pencils, adhesives, and specialty non-art use. School pastes and responses are discussed below. putties—even if the finished product is glues will also be considered art 2. Scope of ‘‘Art Materials’’ a toy or other item whose primary use materials. may be functional. Thus, for a kit that One commenter suggested changing contains a plastic toy or a paint-by D. Conformance Statement 16 CFR 1500.14(b)(8)(iv)(A)(1) to state number board, along with paints or Section 1500.14(b)(8)(i)(C)(7) of the that markers sold in art supply stores adhesives to decorate or assemble the LHAMA rule requires that a are art materials, rather than likely to be item, the Commission will expect the conformance statement appear with an art materials. paints and adhesives in each case to art material. In the preamble to the The Commission declines to make meet all the LHAMA requirements. original LHAMA rule, the Commission this change. For general use products, However, as explained in section B.2.(3) stated that every art material must the Commission will look at a variety of & (4) above pertaining to surfaces and display either a conformance statement factors, including packaging, marketing, specific materials, the Commission or a hazard warning, but not both. See and where the item is sold. Often a would not enforce the requirements 57 FR 46629, October 9, 1992. single factor will not be determinative. against the plastic toy or the board. The Commission has reviewed this For example, along with other markers, For kits that package an item that matter in light of one comment it an art supply store might sell high- would be subject to enforcement under received opposing the Commission’s lighters which are clearly promoted for this policy together with an item that policy on this issue and its experience use by students in marking textbooks. would not, any necessary chronic enforcing the LHAMA requirements. These are probably general use hazard statements or labeling, including The Commission agrees with the products, and the enforcement policy any required conformance statement, commenter and is now modifying its should be flexible enough to allow this must appear on the outer container or policy concerning the conformance determination. wrapping of the kit, or must be visible statement. The Writing Instrument through it, and must specify the item to The language of the standard that was Manufacturer’s Association (‘‘WIMA’’), which the statement or labeling refers. mandated by LHAMA is not entirely a trade association for the writing Any conformance statement must be clear on this question. 16 CFR instrument industry, commented that it visible at the point of sale. In addition 1500.14(b)(8)(i)(C). However, based on generally supported the proposed to being visible at the point of sale, any its experience enforcing LHAMA, the enforcement policy but suggested that cased pencils (referred to as common required chronic hazard warning label Commission agrees with the commenter wood pencils in the proposed policy) must be on the immediate package of that there is the potential for confusion should generally be considered art the item that is subject to LHAMA as if some products that have been materials. WIMA asserted that these well as on accompanying literature reviewed according to the standard pencils are generally considered in the where there are instructions for use. See display a conformance statement but industry to be art materials and are used 16 CFR 1500.125. others do not. Thus, the Commission’s for drawing and sketching. Another policy is that a conformance statement 2. Enforcement Policy for Separate commenter argued that if the must appear with all toxicologist- Supplies enforcement policy considers these reviewed art materials subject to As stated in the March 8, 1994 general use pencils not to be art LHAMA regardless of whether they also proposal, the Commission will enforce materials, products from China and have a hazard warning statement. A LHAMA requirements against materials other countries without consumer subsection has been added to the intended to decorate art and craft, protection laws will flood the market. enforcement policy, model and hobby items, such as paints, The Commission declines to make § 1500.14(b)(8)(iv)(C), stating this even if they are sold separately and not this change in the enforcement policy. policy. Since the conformance statement part of a kit. Similarly, paints or markers The Commission believes that common constitutes ‘‘other cautionary labeling’’ intended for decorating clothes will be pencils, much like pens or markers, are as defined in 16 CFR considered art materials for enforcement generally used as writing materials. 1500.121(a)(2)(viii), it must comply with purposes since they are intended for Under the policy, specific pencils that the conspicuousness requirements of 16 decorating clothing, even though the are intended primarily for drawing or CFR 1500.121 (c) and (d), including the resulting item, the garment, has a sketching (such as colored pencils) will type-size requirement laid out in Table functional purpose. Note that as be considered art materials for 1 of 1500.121(c)(2). explained in section B above, the enforcement purposes. Of course, pencil Commission would not enforce the E. Response to Comments makers who wish to submit their requirements against the surface upon formulations to a toxicologist for 1. General which the art material is applied, evaluation and label them accordingly regardless of the primary use of the The Commission heard from six may do so. However, the Commission finished product. commenters on its proposed will not enforce the LHAMA The status of glues, adhesives, and enforcement policy. For the most part, requirements against common pencils putties will depend on their intended commenters supported the unless they are specifically intended or use. Some illustrative examples follow. Commission’s effort to clarify its marketed as art materials. Whether Glues which are marketed for general enforcement intentions in this area. For products are produced domestically or repair use only would not be art example, one commenter stated that the imported, they are all subject to the materials, and the Commission will not proposed enforcement policy alleviates consumer protection laws and enforce the LHAMA requirements practical problems, follows common regulations of this country if they are against them. Glue sticks for glue guns sense, is consistent with Congressional sold here. With respect to the comment which are for art or craft use would be intent, and appropriately focuses on concerning imports from countries 8192 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations without consumer protection laws, may expose the user to chemicals in or original LHAMA rule stated that every CPSC reminds the commenter that on the material. art material must display either a imports are subject to the same The Commission declines to make the conformance statement or a hazard requirements as products made in this commenter’s suggested change. As warning, but not both. See 57 FR 46629, country. explained in section B.2 above, although October 9, 1992. One commenter stated support for the the Commission believes that generally The Commission has reviewed this proposed enforcement policy’s there will not be a chronic hazard with issue in light of this comment and its treatment of brushes, kilns, and molds, use of these materials, the Commission experience. For reasons explained in finding it to be consistent with other is concerned that a situation could arise greater detail above, the Commission CPSC policy interpretations. CPSC in which a unique manner of handling agrees with the commenter and has agrees. or using these materials could pose a added a subsection to the enforcement risk of exposure. An example is paper policy making this change. 3. Actual Toxicity Hazards stickers with adhesive that is licked. 6. Other Labeling Issues One commenter argued that the The commenter’s suggestion would put proposed enforcement policy would the manufacturer in the position of One commenter noted that some allow products which present chronic deciding whether a particular chemical labels bear adequate safe handling toxicity hazards to consumers to evade is hazardous. However, Congress instructions, but do not list the chronic the review required by LHAMA. The intended that this determination be hazards that necessitate these commenter stated that items ‘‘such as made by the toxicologist reviewing a precautions. LHAMA and the ASTM pencils, paper, fabric, paint brushes, product’s formulation. The enforcement standard clearly require that both the and sand have all been found to present policy concerns the initial question of chronic hazard and the safety chronic toxicity hazards in the past whether exposure is likely, not whether instructions be on the label. * * *.’’ a chemical is hazardous. Thus, under Another commenter noted that facially adequate labels should be The Commission’s scientific staff the Commission’s enforcement policy, if examined for accuracy. The examined this comment, and does not there is the potential for exposure to a chemical from a surface or specifically Commission considers this a very agree. Neither the Commission nor the enumerated material, the LHAMA important issue. If labels are inaccurate, staff have concluded that any of the requirements will be enforced. the labels and the standard itself listed items typically present chronic become meaningless to the consumer. It toxicity hazards. The staff has in the 4. Enforcing LHAMA Against Non- is clearly unacceptable for labels to past examined some uses of some of Hazardous Products indicate that they have been reviewed these materials outside of the context of Comments suggested that all art by a toxicologist (by display of the art materials. For example, children’s materials should have to comply with conformance statement) if they in fact playsand was evaluated to see if the LHAMA regardless of actual risk, and have not. sand posed a hazard through tremolite that the items listed in the proposed asbestos or non-asbestos tremolite. No enforcement policy should not be 7. Kits and Supplies such hazard was established. Paper has excluded from enforcement efforts. One commenter stated specific been found to contain extremely small They noted that the conformance support for the proposed enforcement amounts of dioxin, but the amount is so statement on a non-hazardous product policy concerning kits and separate small that the risk is negligible. Through tells the consumer that the product has supplies. its enforcement policy, the Commission been cleared by a toxicologist. An 8. Status of Enforcement Policy is attempting to focus enforcement unlabeled product, on the other hand, efforts on items that may actually harm could either have been evaluated as One commenter argued that the consumers. The Commission believes non-toxic, or not evaluated at all. Thus Commission is actually exempting this policy furthers that goal. It is worth the commenters argue that the certain products from the FHSA, and it noting that in the unlikely event that Commission should enforce against all is therefore improper to issue an any of these items were found to be art materials, whether hazardous or not. enforcement policy rather than a dangerous, the labeling and banning In response, the Commission notes regulation under section 3(c) of the provisions of the Federal Hazardous that focusing its enforcement efforts is FHSA (15 U.S.C. 1262(c)). The Substances Act (15 U.S.C. 1261 (f), (p), important to ensure that the commenter argued that the enforcement and (q)(1), and 15 U.S.C. 1263) still enforcement program is as effective as policy would create confusion. apply. possible through the effective use of the The Commission disagrees with this Another commenter agreed with the Commission’s limited resources. The comment. This policy does not exempt Commission’s focus on potential for Commission believes that the categories any items from the FHSA. First, the genuine risk of exposure but suggested of products against which it will no policy does not grant exemptions from that the language of the proposed policy longer enforce present virtually no risk the LHAMA provisions, but rather be changed in 16 CFR of exposing consumers to chronic clarifies the Commission’s 1500.14(b)(8)(iv)(A) (3) and (4) to state toxicity hazards. No evidence of interpretation of the statutory term ‘‘art that the user’s exposure must be to a consumer confusion was presented with material’’ and informs the public that hazardous chemical before the the comments, and we think any such the Commission’s enforcement efforts Commission will enforce LHAMA confusion should be minimal. under LHAMA will be directed against against the materials listed in those those products that present the greatest subsections. In the sections referred to, 5. Conformance Statement and risk. Through this policy, the the enforcement policy provides that the Warnings Commission is explaining what that Commission will not enforce the As explained above, one commenter means in practice. The policy explains LHAMA requirements against surface argued that the conformance statement how the Commission will interpret the materials and certain specifically should accompany all art materials, statutory definition of ‘‘art material’’ for enumerated materials unless it is likely including those that also require a purposes of enforcement and that it that handling or processing the material hazard warning. The preamble to the does not intend to enforce LHAMA Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8193 requirements against certain items or F. Environmental Considerations Federal Register. The Commission materials which are unlikely to present The Commission has considered believes that this is adequate time to a chronic hazard. The Commission whether issuance of this enforcement submit formulae to toxicologists and believes that the policy, with its general statement will produce any comply with relevant labeling guidance and specific examples, will environmental effects and has requirements. As to those items where help to clarify existing confusion. The determined that it will not. The this policy relieves a restriction, the enforcement policy will be published in Commission’s regulations at 16 CFR policy becomes applicable for such the CFR with the LHAMA regulations so 1021.5(c)(1) state that rules and safety products introduced into interstate that all will be aware of Commission standards ordinarily have little or no commerce on or after the date of policy. In addition, the policy has no potential to affect the human publication of this notice. impact on the enforcement of other environment, and therefore, do not List of Subjects in 16 CFR Part 1500 provisions of the FHSA, such as recall require an environmental impact or notice actions under section 15 of the statement or environmental assessment. Arts and crafts, Consumer protection, FHSA, as to art materials. The Commission believes that, as with Hazardous materials, Hazardous Focusing enforcement efforts to make such standards, this enforcement policy substances, Imports, Infants and them maximally effective is an would have no adverse impact on the children, Labeling, Law enforcement, appropriate use of an enforcement environment. Toys. policy. The commenter stated that For the reasons given above, the G. Regulatory Flexibility Act enforcement policies should clarify Commission amends 16 CFR 1500.14 as Certification where an agency will take action, rather follows: than where it will not. No authority was The Regulatory Flexibility Act cited for this proposition, and the generally requires agencies to prepare PART 1500Ð[AMENDED] Commission is not aware of any such proposed and final regulatory analyses 1. The authority citation for part 1500 authority. describing the impact of a rule on small continues to read as follows: businesses and other small entities. However, the Commission is Authority: 15 U.S.C. 1261–1277. modifying the language of section Section 605 of the Act provides that an 1500.14(b)(8)(iv)(A)(1) slightly to clarify agency is not required to prepare a 2. Section 1500.14 is amended by its interpretation with respect to that regulatory flexibility analysis if the head adding a new paragraph (b)(8)(iv) to one category of products. The of an agency certifies that the rule will read as follows: Commission does not consider the not have a significant economic impact on a substantial number of small § 1500.14 Products requiring special products described in that subsection labeling under section 3(b) of the Act. (products intended for general use) to be entities. The Commission believes that this enforcement statement will have * * * * * art materials under the statutory (b) * * * definition. This is now stated explicitly little effect on businesses in general or on small businesses in particular. (8) * * * in that subsection. (iv) Policies and interpretations. Accordingly, the Commission concludes (A) For purposes of enforcement 9. Effective Date that its enforcement statement policy, the Commission will not concerning the labeling of hazardous art One commenter requested that consider as sufficient grounds for materials would not have any manufacturers have one year to comply bringing an enforcement action under significant economic effect on a with this enforcement policy, rather the Labeling of Hazardous Art Materials substantial number of small entities. than six months. No data were Act (‘‘LHAMA’’) the failure of the submitted as to why compliance in six H. Authority following types of products to meet the months would be unduly burdensome. Section 10 of the FHSA gives the requirements of § 1500.14(b)(8) (i) The Commission believes that six Commission authority to issue through (iii). months is adequate time to submit regulations for the efficient enforcement (1) Products whose intended general formulae to toxicologists and comply of the FHSA. 15 U.S.C. 1269(a). This use is not to create art (e.g., common with relevant labeling requirements. provision authorizes the Commission to wood pencils, and single colored pens, The Commission will, however, apply issue statements of enforcement policy markers, and chalk), unless the the policy to those products initially in which the Commission explains how particular product is specifically introduced into interstate commerce it intends to enforce a Commission packaged, promoted, or marketed in a after six months, rather than those requirement. manner that would lead a reasonable manufactured or imported after that person to conclude that it is intended date. I. Applicability Date for use as an art material. Factors the Commission would consider in making 10. Prohibition of Lead in Children’s Since this notice issues an this determination are how an item is Products interpretative rule/statement of policy, no particular applicability date is packaged (e.g., packages of multiple One commenter suggested that the required by the Administrative colored pencils, chalks, or markers Commission should prohibit the use of Procedure Act. 5 U.S.C. 553(d)(2). The unless promoted for non-art materials lead in products intended or marketed Commission recognizes, however, that uses are likely to be art materials), how for the use of children. This comment is as to items against which the it is marketed and promoted (e.g., beyond the scope of this enforcement Commission previously stated that it pencils and pens intended specifically policy. However, we remind the would not enforce LHAMA, for sketching and drawing are likely to commenter that the hazard of lead in manufacturers will need time to bring be art materials), and where it is sold consumer products intended for their products into compliance. Thus, (e.g., products sold in an art supply children is dealt with by regulations this policy regarding such items applies store are likely to be art materials). The under the CPSA, 16 CFR 1303.4, and to products introduced into interstate products described in this paragraph do provisions of the FHSA, 15 U.S.C. 1261 commerce on or after 6 months from the not meet the statutory definition of ‘‘art (f)(1)(A) & (q)(1)(A). date this policy is published in the material.’’ 8194 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations (2) Tools, implements, and furniture Dated: February 6, 1995. exemption is not contrary to the public used in the creation of a work of art Sadye E. Dunn, interest and the purposes of the such as brushes, chisels, easels, picture Secretary, Consumer Product Safety provisions from which the exemption is frames, drafting tables and chairs, Commission. sought. Additionally, the rules permit canvas stretchers, potter’s wheels, [FR Doc. 95–3450 Filed 2–10–95; 8:45 am] the Commission to exempt an FCM hammers, air pumps for air brushes, BILLING CODE 6355±01±P affiliated with a ‘‘Reporting Futures kilns, and molds. Commission Merchant’’ from the (3) Surface materials upon which an recordkeeping and reporting art material is applied, such as coloring COMMODITY FUTURES TRADING requirements of the rules, and permit books and canvas, unless, as a result of COMMISSION the Commission to request information processing or handling, the consumer is to supplement an FCM’s filings with the likely to be exposed to a chemical in or 17 CFR Part 140 Commission if the Commission on the surface material in a manner determines that additional information which makes that chemical susceptible Delegation of Authority to the Director is necessary for a complete to being ingested, absorbed, or inhaled. of the Division of Trading and Markets understanding of a particular affiliate’s (4) The following materials whether AGENCY: Commodity Futures Trading financial impact on the FCM’s used as a surface or applied to one, Commission. organizational structure.2 unless, as a result of processing or ACTION: Final rules. The Commission has determined to handling, the consumer is likely to be codify in Part 140 the delegation of its exposed to a chemical in or on the SUMMARY: The Commodity Futures authority under the risk assessment surface material in a manner which Trading Commission (‘‘Commission’’) is rules to the Director of the Division of makes that chemical susceptible to delegating to the Director of the Division Trading and Markets.3 Accordingly, the being ingested, absorbed, or inhaled: of Trading and Markets, and to such Commission is hereby amending its paper, cloth, plastics, films, yarn, members of the Commission staff acting delegation of authority to the Director of threads, rubber, sand, wood, stone, tile, under the Director’s direction as the the Division of Trading and Markets set masonry, and metal. Director may designate from time to forth in Rule 140.91, which currently (B) For purposes of LHAMA time, the authority to perform all governs authority to perform functions enforcement policy, the Commission functions reserved to the Commission on behalf of the Commission with will enforce against materials including, under the recently adopted risk respect to the minimum financial and but not limited to, paints, crayons, assessment requirements for holding related reporting requirements for FCMs colored pencils, glues, adhesives, and company systems in §§ 1.14 and 1.15 of and introducing brokers under Rules putties, if such materials are sold as part the Commission’s regulations. The 1.10, 1.12, 1.16 and 1.17, by adding to of an art, craft, model, or hobby kit. The delegation should result in more it the authority to act on behalf of the Commission will enforce the LHAMA expeditious treatment of exemption Commission with respect to all requirements against paints or other requests, which will benefit futures functions reserved to the Commission materials sold separately which are commission merchants (‘‘FCMs’’) and under Rules 1.14 and 1.15. The intended to decorate art, craft, model, the Commission. Commission further notes that and hobby items. Adhesives, glues, and EFFECTIVE DATE: February 13, 1995. paragraph (b) of Rule 140.91 will putties intended for general repair or FOR FURTHER INFORMATION CONTACT: continue to provide that the Director construction uses are not subject to Lawrence T. Eckert, Attorney Adviser, may submit any matter delegated under LHAMA. However, the Commission will Division of Trading and Markets, the rule to the Commission for its enforce the LHAMA requirements Commodity Futures Trading consideration. against adhesives, glues, and putties Commission, 2033 K Street N.W., II. Related Matters sold separately (not part of a kit) if they Washington D.C. 20581. Telephone are intended for art and craft and model (202) 254–8955. A. Administrative Procedure Act construction uses. This paragraph SUPPLEMENTARY INFORMATION: The Commission has determined that (b)(8)(iv)(B) applies to products this delegation of authority relates introduced into interstate commerce on I. Delegation solely to agency organization, procedure or after August 14, 1995. On December 21, 1994, the and practice. Therefore, the provisions (C) Commission regulations at Commission adopted Rules 1.14 and of the Administrative Procedure Act, 5 § 1500.14(b)(8)(i)(C)(7) require that a 1.15 to implement the risk assessment U.S.C. 553, which generally require statement of conformance appear with authority set forth in Section 4f(c) of the notice of proposed rule making and art materials that have been reviewed in Commodity Exchange Act.1 These rules which provide other opportunities for accordance with the Commission generally require FCMs that are subject public participation, are not applicable. standard. The Commission interprets to the rules to maintain and file with the The Commission further finds that, this provision to require a conformance Commission certain information because the rule has no adverse effect statement regardless of the presence of concerning their financial activities and upon a member of the public, there is any chronic hazard warnings. the activities of their material affiliates. good cause to make it effective (D) Nothing in this enforcement In promulgating the risk assessment immediately upon publication in the statement should be deemed to alter any rules, and at the suggestion of Federal Register. of the requirements of the Federal commenters on the proposed rules, the Hazardous Substances Act (‘‘FHSA’’), Commission reserved, in Rules 2 Rules 1.14(d)(2), 1.15(c)(2) and 1.15(a)(2)(iii). such as, but not limited to, the 1.14(d)(3) and 1.15(c)(3), the authority For a complete discussion of the recently adopted requirement that any hazardous to exempt any FCM from any of the risk assessment rules, see 59 FR 66674. substance intended or packaged in a provisions of either Rule 1.14 or Rule 3 See 59 FR 66674, at 66682, n.35 (Director of form suitable for household use must be Division of Trading and Markets is generally 1.15 if the Commission finds that the delegated the authority to act on behalf of the labeled in accordance with section 2(p) Commission with respect to the risk assessment of the FHSA. 1 59 FR 66674 (December 28, 1994). rules). Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8195 B. Regulatory Flexibility Act TENNESSEE VALLEY AUTHORITY those who most directly benefit from the services. The Regulatory Flexibility Act (RFA), 18 CFR Part 1310 Persons who wish to construct dams, 5 U.S.C. 601–611 (1988), requires that appurtenant works, or other agencies, in proposing rules, consider Administrative Cost Recovery obstructions in or along the Tennessee the impact of those rules on small River system are required by Section businesses. The rules discussed herein AGENCY: Tennessee Valley Authority (TVA). 26a of the TVA Act of 1933, as are only an administrative delegation amended, to obtain TVA’s approval of ACTION: Final rule. and will have no impact on registered plans for the proposed activity prior to entities. Even if these rules were SUMMARY: This final rule amends TVA’s construction. TVA’s administrative cost deemed to affect FCMs, the Commission recovery regulations previously already has established certain administrative cost recovery regulations by adding a provision requiring provided for recovery of costs of actions definitions of ‘‘small entities’’ to be used taken by TVA to approve obstructions by the Commission in evaluating the payment to TVA of nonrefundable application processing fees to recover constructed without prior approval of impact of its rules on such small entities plans. In order to help ensure that the in accordance with the RFA and FCMs the costs of reviewing plans for the construction, operation, or maintenance agency’s entire Section 26a permitting have been determined not to be small program is self-sustaining to the fullest entities under the RFA.4 Accordingly, of dams, appurtenant works, or other obstructions affecting navigation, flood extent possible, the amended the Chairman, on behalf of the regulations now provide for recovery of Commission, hereby certifies, pursuant control, or public lands or reservations in the Tennessee River system under costs of processing permits for proposed to 5 U.S.C. 605(b), that these rule obstructions as well as after-the-fact amendments will not have a significant Section 26a of the TVA Act; eliminating cost recovery exemptions for permit processing. The responsible TVA impact on a substantial number of land manager has established standard smaller entities. agricultural licenses, firewood cutting permits, permits for the nonexclusive permit processing fees that will be List of Subjects in 17 CFR Part 140 short-term use of TVA land, conveyance payable upon submission of a permit or abandonment of TVA land or application and will be nonrefundable Authority delegations (Government regardless of whether or not the plans agencies). landrights to States, municipalities, and political subdivisions and agencies are approved by TVA. In consideration of the foregoing, and thereof, and use of TVA land for utility Initially, the standard application pursuant to the authority contained in line crossings; authorizing the processing fee for private the Commodity Exchange Act, and, in responsible land manager to establish a noncommercial Section 26a permit particular, sections 2a and 8a, 7 U.S.C. standard charge for each category of proposals will be $100, and the standard 4a and 12a, the Commission is action rather than determining the fee for commercial, industrial, and amending part 140 of Chapter I of Title actual administrative costs for each public Section 26a permit application 17 of the Code of Federal Regulations as individual action; and increasing the processing will be $500. These fees are follows: range of fees for certain actions. These based in part upon a review of costs amendments will allow TVA to recover incurred by TVA in processing these PART 140ÐORGANIZATION, more of its administrative costs incurred permits. In addition, TVA examined FUNCTIONS, AND PROCEDURES OF in processing certain actions from those prevailing permit application fees by THE COMMISSION persons who directly benefit from the conducting a comparative analysis actions. survey of several other agencies and 1. The authority citation for Part 140 utilities. In adjusting application EFFECTIVE DATE: March 17, 1995. continues to read as follows: processing fees and in establishing Authority: 7 U.S.C. 4a and 12a. FOR FURTHER INFORMATION CONTACT: standard fees for other applicable David L. Pack, Manager of Reservoir 2. Section 140.91 is amended by activities, the responsible land manager Land Management, Tennessee Valley redesignating paragraphs (a)(3) and will examine average costs incurred in Authority, 17 Ridgeway Road, Norris, (a)(4) as (a)(5) and (a)(6) and by adding conducting the various activities. Tennessee 37828, (615) 632–1602. new paragraphs (a)(3) and (a)(4) to read The amended regulations also provide as follows: SUPPLEMENTARY INFORMATION: TVA for increasing TVA’s administrative fee published the proposed rulemaking in for quota deer hunts and quota turkey § 140.91 Delegation of authority to the the Federal Register on October 27 (59 hunts at Land Between The Lakes. The Director of the Division of Trading and FR 53948–49) and invited comments for purpose of this fee is to recover the cost Markets. 30 days ending November 28, 1994. No of processing applications, conducting a (a) * * * comments were received. Accordingly, computerized drawing, and mailing (3) All functions reserved to the TVA is promulgating this final rule as notification of selection status. The Commission in § 1.14 of this chapter; proposed. hunting fee will increase from $2 to a In order to help ensure that TVA land range of $5 to $25. This range will allow (4) All functions reserved to the management and permitting activities TVA to recover increasing costs of Commission in § 1.15 of this chapter; are self-sustaining to the fullest extent conducting the drawings and hunts, and * * * * * possible, the agency has determined that allow a range of pricing for special Issued in Washington, D.C. on February 7, its administrative cost recovery hunts and drawings. 1995, by the Commission. regulations should be expanded to Applications received prior to March Jean A. Webb, include a broader range of use, disposal, 17, 1995, will be processed under the Secretary of the Commission. and permitting activities. This regulations in effect at the time of [FR Doc. 95–3455 Filed 2–10–95; 8:45 am] determination is consistent with receipt of the application. BILLING CODE 6351±01±U national objectives to increase List of Subjects in 18 CFR Part 1310 government efficiency and to recover 4 47 FR 18618–18621 (April 30, 1982). the costs of government services from Government property, Hunting. 8196 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations For the reasons set out in the Authority Act of 1933, as amended (16 (9) Legal review; and preamble, 18 CFR Part 1310 is revised U.S.C. 831c(k)(d)). (10) Administrative overheads to read as follows: (2) Releases of unneeded mineral right associated with the transaction. options. (c) Assessment of charge when actual PART 1310ÐADMINISTRATIVE COST (3) TVA phosphate land and mineral administrative costs significantly exceed RECOVERY transactions. established range. When the responsible (4) Permits and licenses for use of land manager determines that the actual Sec. TVA land by distributors of TVA power. administrative costs are expected to 1310.1 Purpose. (c) Quota deer hunt and turkey hunt 1310.2 Application. significantly exceed the range of costs 1310.3 Assessment of administrative applications. Quota deer hunt and established in paragraph (a) of this charge. turkey hunt permit applications will be section, such manager shall not proceed Authority: 16 U.S.C. 831–831dd; 31 U.S.C. processed by TVA if accompanied by with the TVA action until agreement is 9701. the fee prescribed in § 1310.3(d). reached on payment of a charge calculated to cover TVA’s actual § 1310.1 Purpose. § 1310.3 Assessment of administrative charge. administrative costs. (d) Quota deer hunt and turkey hunt The purpose of the regulations in this (a) Range of charges. Except as part is to establish a schedule of fees to application fees. A fee for each person otherwise provided herein, the in the amount prescribed by the be charged in connection with the responsible land manager shall assess a disposition and uses of, and activities responsible land manager must charge which he/she determines in his/ accompany the complete application affecting, real property in TVA’s her sole judgment to be approximately custody or control; approval of plans form for a quota deer hunt and turkey equal to the administrative costs hunt permit. Applications will not be under Section 26a of the Tennessee incurred by TVA for each action Valley Authority Act of 1933, as processed unless accompanied by the including both the direct cost to TVA correct fee amount. No refunds will be amended (16 U.S.C. 831y–1); and and applicable overheads. In certain other activities in order to help made to unsuccessful applicants, except determining the amount of such charge, that fees received after the application ensure that such activities are self- the responsible land manager may sustaining to the full extent possible. due date will be refunded. establish a standard charge for each (e) Additional charges. In addition to § 1310.2 Application. category of action rather than the charges assessed under these determining the actual administrative (a) General. TVA will undertake the regulations, TVA may impose a charge costs for each individual action. The following actions only upon the in connection with environmental standard charge shall be an amount condition that the applicant pay to TVA reviews or other environmental approximately equal to TVA’s actual such administrative charge as the Vice- investigations it conducts under its average administrative costs for the President of Land Management or the policies or procedures implementing the category of action. Charges shall be not Manager of Power Properties National Environmental Policy Act (42 less than the minimum or greater than (hereinafter ‘‘responsible land U.S.C. 4321 et seq.). the maximum amount specified herein, manager’’), as appropriate, shall assess Kathryn J. Jackson, except as otherwise provided in in accordance with § 1310.3; provided, Senior Vice President, Resource Group. paragraph (c) of this section. however, that the responsible land [FR Doc. 95–3451 Filed 2–10–95; 8:45 am] (1) Land transfers—$500–$10,000. manager may waive payment where he/ (2) Use permits or licenses–$50– BILLING CODE 8120±01±M she determines that there is a $5,000. corresponding benefit to TVA or that (3) Actions taken to approve plans for such waiver is otherwise in the public fills, structures, or other obstructions LIBRARY OF CONGRESS interest: under Section 26a of the TVA Act— (1) Conveyances and abandonment of $100–$5,000. Copyright Office TVA land or landrights. (4) Abandonment of transmission line 37 CFR Parts 251, 252, 253, 254, 255, (2) Licenses and other uses of TVA easements and rights-of-way—$100– 256, 257, 258, and 259 land not involving the disposition of $1,500. TVA real property or interests in real (5) Quota deer hunt or turkey hunt [Docket No. RM 93±12 and RM 94±1A] property. applications—$5–$25. (3) Actions taken to suffer the (b) Basis of charge. The administrative Copyright Arbitration Royalty Panels; presence of unauthorized fills and charge assessed by the responsible land Correction structures over, on, or across TVA land manager shall, to the extent applicable, AGENCY: Copyright Office, Library of or landrights, and including actions not include the following costs: Congress. (1) Appraisal of the land or landrights involving the abandonment or disposal ACTION: Correction to regulations. of TVA land or landrights. affected; (4) Actions taken to approve fills, (2) Assessing applicable rental fees; SUMMARY: This document contains (3) Compliance inspections and other structures, or other obstructions under corrections to the former Copyright field investigations; Royalty Tribunal (CRT) regulations that Section 26a of the Tennessee Valley (4) Title and record searches; were reissued by the Library of Congress Authority Act of 1933, as amended (16 (5) Preparation for and conducting and the Copyright Office on December U.S.C. 831y–1), and TVA’s regulations public auction and negotiated sales; issued thereunder at part 1304 of this (6) Mapping and surveying; 22, 1993, and to the interim copyright chapter. (7) Preparation of conveyance arbitration rules that were published on (b) Exemption. An administrative instrument, permit, or other May 9, 1994. charge shall not be made for the authorization or approval instrument; EFFECTIVE DATE: These corrections are following actions: (8) Coordination of the proposed effective February 13, 1995. (1) Conveyances pursuant to section action within TVA and with other FOR FURTHER INFORMATION CONTACT: 4(k)(d) of the Tennessee Valley Federal, State, and local agencies; William Roberts, Senior Attorney, Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8197 Copyright Arbitration Royalty Panels, years, instead of two. We are restoring 37 CFR Part 257 P.O. Box 70977, Southwest Station, that paragraph, so that all the rates, Claims, Copyright, Satellites. Washington, D.C. 20024 (202–707– beginning in 1981, are listed in the 8380). rules. 37 CFR Part 258 SUPPLEMENTARY INFORMATION: On The sixth correction is removal of the Copyright, Satellites. December 17, 1993, the Copyright reference, ‘‘(Supp. IV 1992)’’, wherever Royalty Tribunal was abolished, and its it appears in part 259. The reference, 37 CFR Part 259 functions were transferred to copyright ‘‘(Supp. IV 1992)’’, refers to the Audio Claims, Copyright, Digital audio arbitration royalty panels (CARPs) to be Home Recording Act of 1992, Pub.L. No. recording devices and media. convened and supported by the Library 102–563, 106 Stat. 4237, which of Congress and the Copyright Office. amended Title 17, of the U.S. Code, by PART 251ÐCOPYRIGHT Copyright Royalty Tribunal Reform Act adding a new Chapter 10. Since the ARBITRATION ROYALTY PANEL of 1993 (CRT Reform Act), Pub.L. No. Audio Home Recording Act has been RULES OF PROCEDURE incorporated into title 17 at Chapter 10, 103–198, 107 Stat. 2304 (1993). The Accordingly, 37 CFR chapter II is CRT Reform Act directed the Library there is no need to continue citation to the Supplement. corrected by making the following and the Office to adopt the rules and corrections and amendments: regulations of the former CRT until later The seventh correction is to § 259.2, the section on filing a claim for digital 1. and 2. The authority citation for rules were adopted. Accordingly, the part 251 continues to read as follows: CRT’s rules were republished on audio recording royalties. When we December 22, 1993. 58 FR 67690 published our interim rules on May 9, Authority: 17 U.S.C. 801–803. 1994, the Office substituted the phrase (December 22, 1993). § 251.13 [Corrected] ‘‘Library of Congress’’ or ‘‘Copyright The Library and the Office adopted 3. Section 251.13(f) is corrected by interim rules on May 9, 1994, and final Office’’, as appropriate, for ‘‘Copyright Royalty Tribunal’’ wherever the phrase adding an ‘‘a’’ before the word rules on December 7, 1994 adapting the ‘‘clearly’’. former CRT rules to the new copyright was found. However, in reviewing arbitration system. 59 FR 23964 (May 9, § 259.2, it appears that it would have § 251.32 [Corrected] been more accurate to substitute the 1994); 59 FR 63025 (December 7, 1994). 4. In § 251.32(a), the reference to phrase ‘‘Copyright Office and/or In reviewing the former CRT rules and ‘‘§ 251.30’’ is revised to read ‘‘§ 251.31’’. our new CARP rules, we have Copyright Arbitration Panels’’ for discovered a number of substantive and ‘‘Copyright Royalty Tribunal’’ as a § 251.33 [Corrected] nonsubstantive technical errors. recognition of the split nature of the 5. The first sentence in § 251.33(c) is The first was an error in the interim proceedings. corrected by replacing the word ‘‘a’’ rules published on May 9, 1994, in And finally, three terms will be added with ‘‘an’’ in the phrase ‘‘to serve as a which the reference in § 251.32(a) to to the List of Subjects. Under the arbitrator’’. ‘‘§ 251.30’’ should read ‘‘§ 251.31’’. heading, 37 CFR Part 258, the term § 251.38 [Corrected] The second error occurred in ‘‘Cable television’’ should be replaced § 251.52(c), Proposed findings and with the term ‘‘Satellite’’ to more 6. In § 251.38(b), the word ‘‘for’’ is conclusions. To distinguish between accurately reflect the content of this added before the word ‘‘travel’’. section. Additionally, the term ‘‘rate’’ proposed findings of fact and proposed § 251.44 [Corrected] conclusions, the sentence in paragraph shall be added to the headings, 37 CFR 7. In § 251.44(e)(1), the first ‘‘it’’ in the (c) which reads, ‘‘Proposed findings Part 255 and 37 CFR Part 258. The last sentence is revised to read ‘‘the shall be stated separately.’’, should be addition of this term will harmonize the document’’. removed from paragraph (c) and placed subject lists for these sections with the 8. Section 251.44(g) is corrected by in a new paragraph (d). headings for 37 CFR 253, 37 CFR Part revising ‘‘telefacsimile’’ to read The third was an error in the 1992 254 and 37 CFR Part 256. We are ‘‘facsimile’’. public broadcasting rate adjustment making that change here and correcting 9. Section 251.48(f)(1)(ii) is revised to proceeding at the CRT. In § 253.6(c)(4), any nonsubstantive technical errors. read as follows: the rate listed there is applicable to the List of Subjects years 1993–1997, not 1988–1992, as § 251.48 Rules of evidence. 37 CFR Part 251 published. * * * * * The fourth error is found in § 254.2 Administrative practice and (b) * * * which defines coin-operated procedure, Hearing and appeal (1) * * * phonorecord player. The section procedures. (ii) An explanation of the method of references the definition in former 37 CFR Part 252 selecting the sample and of the section 116 of the Copyright Act, which characteristics which were measured Cable television, Claims, Copyright. was repealed by the CRT Reform Act. and counted. Section 254.2 is therefore revised by 37 CFR Part 253 * * * * * inserting the definitional langauge Copyright, Music, Radio, Rates, formerly contained in section 116. § 251.50 [Corrected] Television. The fifth correction is to the 10. In § 251.50, ‘‘That’’ is revised to mechanical royalty rates listed in 37 CFR Part 254 read ‘‘that’’. § 255.3. When the CRT adjusted the Copyright, Jukeboxes, Rates. royalty rate in 1993 to take effect in § 251.52 [Amended] 1994, it dropped an earlier paragraph 37 CFR Part 255 11. In § 251.52 the sentence which that described the rates that were in Copyright, Music, Recordings. reads, ‘‘Proposed conclusions shall be effect for the period 1992–1993. It left stated separately.’’ is removed from the impression that the rates effective 37 CFR Part 256 paragraph (c) and a new paragraph (d) starting in 1990 were in effect for four Cable television, Rates. is added to read as follows: 8198 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations § 251.52 Proposed findings and to be made by the patrons of the PART 259ÐFILING OF CLAIMS TO conclusions. establishment in which it is located. DIGITAL AUDIO RECORDING DEVICES * * * * * AND MEDIA ROYALTY PAYMENTS (d) Proposed conclusions shall be PART 255ÐADJUSTMENT OF stated separately. ROYALTY PAYABLE UNDER 28. The authority citation for part 259 COMPULSORY LICENSE FOR MAKING continues to read as follows: PART 252ÐFILING OF CLAIMS TO AND DISTRIBUTING PHONORECORDS Authority: 17 U.S.C. 1007(a)(1). CABLE ROYALTY FEES 19. The authority citation for part 255 § 259.1 [Amended] 12. and 13. The authority citation for continues to read as follows: 29. Section 259.1 is amended by part 252 continues to read as follows: Authority: 17 U.S.C. 801(b)(1) and 803. removing all references to ‘‘(Supp. IV Authority: 17 U.S.C. 111(d)(4), 801, 803. 1992)’’. § 255.3 [Corrected] § 259.2 [Corrected] § 252.1 [Corrected] 20. In § 255.3, paragraph (a), the 14. Section 252.1 is corrected by phrase ‘‘paragraphs (b), (c), (d), (e), (f) 30. In paragraphs (a) and (b) of removing the word ‘‘to’’ before the U.S. and (g) of this section.’’ is revised to § 259.2, ‘‘and/or Copyright Arbitration Code citation. read ‘‘paragraphs (b), (c), (d), (e), (f), (g) Royalty Panels’’ is added after the and (h) of this section.’’ phrase ‘‘Copyright Office’’ and before PART 253ÐUSE OF CERTAIN the phrase ‘‘in royalty filing’’. COPYRIGHTED WORKS IN 21. In § 255.3, paragraph (b), the CONNECTION WITH phrase ‘‘paragraphs (c), (d), (e), (f) and § 259.3 [Amended] NONCOMMERCIAL EDUCATIONAL (g) of this section.’’ is revised to read 31. Paragraph (a) of § 259.3 is BROADCASTING ‘‘paragraphs (c), (d), (e), (f), (g) and (h) amended by removing all references to of this section.’’ ‘‘(Supp. IV 1992)’’. 15. The authority citation for part 253 22. In § 255.3, paragraph (c), the continues to read as follows: phrase ‘‘paragraphs (d), (e), (f) and (g) of § 259.4 [Amended] 32. Paragraphs (a) and (b) of § 259.4 Authority: 17 U.S.C. 118, 801(b)(1) and this section.’’ is revised to read 803. ‘‘paragraphs (d), (e), (f), (g) and (h) of are amended by removing all references this section.’’ to ‘‘(Supp. IV 1992)’’. § 253.6 [Corrected] 23. In § 255.3, paragraph (d), the Dated: February 7, 1995. 16. In § 253.6(c)(4), the phrase ‘‘1988 phrase ‘‘paragraphs (e), (f) and (g) of this Marybeth Peters, through 1992,’’ is revised to read ‘‘1993 section.’’ is revised to read ‘‘paragraphs Register of Copyrights. through 1997,’’. (e), (f), (g) and (h) of this section.’’ [FR Doc. 95–3497 Filed 2–10–95; 8:45 am] 24. In § 255.3, paragraph (e), the PART 254ÐADJUSTMENT OF BILLING CODE 1410±33±P phrase ‘‘paragraphs (f) and (g) of this ROYALTY RATE FOR COIN- section.’’ is revised to read ‘‘paragraphs OPERATED PHONORECORD (f), (g) and (h) of this section.’’ PLAYERS 37 CFR Parts 251 and 259 25. In § 255.3, paragraphs (f) and (g) [Docket No. RM 94±1A] 17. The authority citation for part 254 are redesignated (g) and (h), continues to read as follows: respectively, the reference in Copyright Arbitration Royalty Panels; Authority: 17 U.S.C. 116, 801(b)(1). redesignated paragraph (g) to Correction ‘‘paragraph (g)’’ is revised to read § 254.2 [Corrected] ‘‘paragraph (h)’’, and a new paragraph AGENCY: Copyright Office, Library of 18. Section 254.2 is revised to read as (f) is added as follows: Congress. follows: ACTION: Correction to final regulations. § 255.3 Adjustment of royalty rate. § 254.2 Definition of coin-operated * * * * * SUMMARY: This document contains phonorecord player. (f) For every phonorecord made and corrections to the final regulations that As used in this part, the term coin- distributed on or after January 1, 1992, were published Wednesday, December operated phonorecord player is a the royalty payable with respect to each 7, 1994, concerning copyright machine or device that: work embodied in the phonorecord arbitration royalty panels. The first (a) Is employed solely for the shall be 6.25 cents, or 1.2 cents per correction concerns the removal of performance of nondramatic musical minute of playing time or fraction § 251.72, and the second is a works by means of phonorecords upon thereof, whichever amount is larger, grammatical correction of § 259.3(d). being activated by insertion of coins, subject to further adjustment pursuant EFFECTIVE DATE: These regulations are currency, tokens, or other monetary to paragraphs (g) and (h) of this section. effective February 13, 1995. units or their equivalent; * * * * * FOR FURTHER INFORMATION CONTACT: (b) Is located in an establishment William Roberts, Senior Attorney, making no direct or indirect charge for PART 256ÐADJUSTMENT OF Copyright Arbitration Royalty Panel, admission; ROYALTY FEE FOR CABLE P.O. Box 70977, Southwest Station, (c) Is accompanied by a list of the COMPULSORY LICENSE Washington, D.C. 20024, (202–707– titles of all the musical works available 8380). for performance on it, which list is 26. The authority citation for part 256 SUPPLEMENTARY INFORMATION: On affixed to the phonorecord player or continues to read as follows: December 7, 1994, the final rules posted in the establishment in a Authority: 17 U.S.C. 702, 802. governing the copyright arbitration prominent position where it can be royalty panels (CARP) were published readily examined by the public; and § 256.1 [Corrected] in the Federal Register. As published, (d) Affords a choice of works available 27. The first sentence of § 256.1 is the final regulations contained two for performance and permits the choice corrected by revising ‘‘or’’ to read ‘‘for’’. errors. 59 FR 63025 (December 7, 1994). Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8199 First, the final regulations removed FOR FURTHER INFORMATION CONTACT: deleted). To avoid confusion with the § 251.72; however, the section was Kenneth O. Hardie, Office of deleted Figures, NHTSA is not presently incorrectly cited as § 3251.7. Rulemaking, NHTSA (202–366–6987). redesignating Figures 15A and 17A as Second, § 259.3(d) was amended to SUPPLEMENTARY INFORMATION: On Figures 15 and Figure 17, although it state that if a joint claim to digital audio January 12, 1993, NHTSA published a may do so in the future. recording royalties (DART) is filed, it final rule adopting 49 CFR part 564, The following additional corrections shall include a concise statement of the Replaceable Light Source Information, are also made. The operand ‘‘+/¥’’ is authorization for the filing of the joint as a repository for information on new added in S7.7(a) in the last sentence, claim and the name of each claimant to types of replaceable light sources for preceding ‘‘1 degree 00 minutes.’’ In the joint claim. However, as published, headlamps, and amending 49 CFR paragraph S7.7(j), the reference to § 259.3(d) was grammatically incorrect. 571.108 Motor Vehicle Safety Standard subparagraph ‘‘(e)’’ is properly to ‘‘(g)’’. Accordingly, the publication on No. 108 Lamps, Reflective Devices, and In Figure 17A, the correct sixth upper December 7, 1994, of the final Associated Equipment to ensure that the beam test point is ‘‘H–9L and 9R.’’ regulations is corrected as follows: light sources in part 564 are designed to Further, in the version of Standard No. 108 appearing in Title 49, Code of § 251.72 [Corrected] meet certain performance requirements of the standard, and to amend the Federal Regulations, Parts 400–999 On page 63042, in the second column, headlighting requirements by adding revised as of October 1, 1993, the titles ‘‘§ 3251.7 [Removed]’’ is corrected to minimum photometric values at two of paragraphs S7.5 and S7.7 are not read, ‘‘§ 251.72 [Removed]’’. zones and two test points above the underlined, and a value is given in § 259.3 [Corrected] horizontal (58 FR 3856). Petitions for paragraph S11 as ‘‘12.8V +/20mV’’. This reconsideration of part 564 have been notice provides an underline for the On page 63043, in the second column, titles and a correction of S11 to ‘‘12.8V in § 259.3, paragraph (d), after the received, and will be responded to separately and at a later date. This +/¥20mV.’’ phrase ‘‘If the claim is a joint claim,’’ Ford noticed that when the final rule and before the phrase ‘‘a concise notice responds to the portion of the rule that amended Standard No. 108. removed paragraph S7.4(d) and statement’’, the words ‘‘it shall include’’ redesignated the succeeding lettered are added. No petitions were received asking for reconsideration of the amendments to paragraphs, cross-references in S7.5(i) Dated: February 7, 1995. Standard No. 108. However, Ford Motor and S7.6.2.1 to paragraph S7.4(i) were Marybeth Peters, Company has called the agency’s not changed to S7.4(h). NHTSA has Register of Copyrights. attention to several errors in the noticed that its amendments of S8.7 [FR Doc. 95–3498 Filed 2–10–95; 8:45 am] amendments to the standard. The Humidity of March 11, 1991 (56 FR BILLING CODE 1410±33±P agency has noted additional errors. 10185) removing the necessity for a Ford commented that SAE J579 photometric test following completion DEC84 should not yet be deleted from of the humidity test were not accompanied by a corresponding DEPARTMENT OF TRANSPORTATION Figure 26 as compliance with those specifications for certain light sources is amendment removing S8.7 from the list of tests required under S8.1 Photometry. National Highway Traffic Safety permitted through August 31, 1994. The This notice corrects the errors, and Administration agency concurs, but the passage of time has rendered this comment moot. several other minor ones that appear in 49 CFR Part 571 Because September 1, 1994 has now the CFR text of Standard No. 108, such passed, by this notice NHTSA is as an erroneous identification in [Docket No. 85±15; Notice 14] removing from Standard No. 108 those S5.1.1.6 of SAE J222 ‘‘September 1970’’ provisions that no longer apply to which is correctly December 1970. RIN 2127±AE07 headlighting systems on vehicles Effective Date Federal Motor Vehicle Safety manufactured after August 31, 1994. Principally, these amendments remove Because these amendments are Standards; Lamps, Reflective Devices corrective in nature and impose no and Associated Equipment references to Tables 1 and 2 of SAE J579 DEC84, and Figures 15 and 17, as well additional burden upon any person, AGENCY: National Highway Traffic as removing the Figures themselves. notice and comment upon are not Safety Administration (NHTSA), DOT. Figure 26 is revised to reflect these required under the Administrative Procedure Act, and it is found, for good ACTION: Response to petitions for changes. These amendments affect S7.1, cause shown, that an effective date reconsideration; final rule. and portions of S7.3, and S7.4 of Standard No. 108. earlier than 180 days after issuance is in SUMMARY: This notice responds to In Ford’s view, the amended text of the public interest. The amendments petitions for reconsideration of the final paragraphs S7.5(d) (2) and (3) does not will become effective 30 days after rule published on January 12, 1993, that appear to reflect NHTSA’s intent stated publication in the Federal Register. added minimum photometric values for in the preamble for photometric Rulemaking Analyses and Notices headlamps at test points above the requirements of headlamp systems horizontal. The notice corrects minor using dual filament light sources, i.e., Executive Order 12866 and DOT errors that appeared in the final rule, that such headlamps be permitted to Regulatory Policies and Procedures and others which have been brought to meet Table 1 of SAE J579 DEC84 or The Office of Management and Budget NHTSA’s attention. The notice also Figure 27, or alternatively Figures 15/ has determined that it will not review deletes photometric requirements that 15A or 17/17A. NHTSA concurs that the this rulemaking under Executive Order no longer apply to headlighting systems text should be revised to make clear that 12866. It has been determined that the on vehicles manufactured on and after the agency is allowing optional rulemaking is not significant under September 1, 1994. compliance with Figure 27 or Figure Department of Transportation regulatory DATES: The final rule is effective March 15A as well as with Figure 17A (SAE policies and procedures. Since the rule 15, 1995. J579, and Figures 15 and 17 now being does not have any significant cost or 8200 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations other impacts, preparation of a full 1. The authority citation for Part 571 4. In paragraph S7.3.7(b) of Section regulatory evaluation is not warranted. continues to read as follows: 571.108 remove the words ‘‘Figure 15 or’’. National Environmental Policy Act Authority: 49 U.S.C. 30111, 30162, 30115; delegation of authority at 49 CFR 1.50. 5. In the heading of paragraph NHTSA has analyzed this rule for the S7.3.7(c) of Section 571.108 the purposes of the National Environmental § 571.108 [Amended] reference to ‘‘Peformance’’ is revised to Policy Act. It is not anticipated that the 2. In paragraph S5.1.1.6 of Section read ‘‘Performance’’. rule will have a significant effect upon 571.108, the phrase ‘‘September 1970’’ 6. In paragraphs S7.3.7(d) and the environment. is revised to read ‘‘December 1970.’’ S7.3.7(h)(1) of section 571.108 the Regulatory Flexibility Act 3. Section 571.108 is amended by reference to ‘‘Figure 15’’ is revised to revising paragraphs S7.1, S7.3.2(a)(3), read ‘‘Figure 15A’’. The agency has also considered the S7.3.3(a), S7.3.4, S7.3.5(a), and S7.3.6(a) 7. Paragraph S7.3.8(b) of Section impacts of this rule in relation to the to read as follows: 571.108 is amended by revising the last Regulatory Flexibility Act. Based on the sentence to read: ‘‘In paragraph 4.5.2, discussion above, I certify that this rule § 571.108 Motor Vehicle Safety Standard the words ‘Figure 28’ are substituted for will not have a significant economic No. 108 Lamps, Reflective Devices, and the words ‘Table 3.’ ’’. impact upon a substantial number of Associated Equipment. 8. Paragraph S7.3.9(a) of Section small entities. Accordingly, no * * * * * 571.108 is revised to read: S7.3.9 Type regulatory flexibility analysis has been S7.1 Each passenger car, H Headlighting System. prepared. Manufacturers of motor multipurpose passenger vehicle, truck, * * * * * vehicles, headlamps, and light sources, and bus manufactured on or after (a) Paragraphs S7.3.8(a) through (d) those affected by the rule, are generally September 1, 1994, shall be equipped except that in paragraph S7.3.8(b), not small businesses within the with a headlighting system designed to Figure 27 is substituted for Table 3. meaning of the Regulatory Flexibility conform to the requirements of S7.3, * * * * * Act. Further, small organizations and S7.4, S7.5, or S7.6. 9. Paragraph S7.4 of Section 571.108 governmental jurisdictions will not be * * * * * is amended by revising paragraphs significantly affected by these minor S7.3.2 Type A headlighting system. S7.4(a)(1)(i), (ii), and (iii), (a)(2)(i) and amendments. *** (ii) and the first sentence of (a)(3) to Executive Order 12612 (Federalism) (a) * * * read as follows: (3) In paragraphs 4.5.2 and 5.1.6, the S7.4 Integral Beam Headlighting This rule has also been analyzed in words ‘‘Figure 28 of Motor Vehicle accordance with the principles and System. *** Safety Standard No. 108’’ are (a) * * * criteria contained in Executive Order substituted for ‘‘Table 3’’. (1) * * * 12612, and NHTSA has determined that * * * * * (i) Figure 15A; or this rule does not have sufficient S7.3.3. Type B headlighting system. (ii) Figure 15A except that the upper federalism implications to warrant the *** beam test value at 21⁄2 D–V and 21⁄2 D– preparation of a Federalism Assessment. (a) The requirements of paragraphs 12R and 12L, shall apply to the lower Civil Justice Reform S7.3.2(a) through (c), except that Figure beam headlamp and not to the upper 27 is substituted for Table 3 in beam headlamp, and the upper beam This final rule does not have any 1 retroactive effect. Under 49 U.S.C. paragraph S7.3.2(a)(3). test point value at 1 ⁄2D–9R and 9L shall 30103 (formerly section 103(d) of the * * * * * be 1000, or (iii) Figure 28. National Traffic and Motor Vehicle S7.3.4 Type C headlighting system. A Type C headlighting system consists (2) * * * Safety Act (15 U.S.C. 1392(d)), (i) Figure 17A; or whenever a Federal motor vehicle safety of two Type 1C1 and two Type 2C1 headlamps and associated hardware, (ii) Figure 27. standard is in effect, a state may not (3) In a system in which there is more which are designed to conform to the adopt or maintain a safety standard than one beam contributor providing a requirements of paragraph S7.3.2(a) applicable to the same aspect of lower beam, and/or more than one beam through (d), except that Figure 28 is performance which is not identical to contributor providing an upper beam, substituted for Table 3 in paragraph the Federal standard. Forty-nine U.S.C. each beam contributor in the system S7.3.2(a)(3). 30161 (formerly Section 105 of the Act shall be designed to meet only the S7.3.5 Type D headlighting system. (15 U.S.C. 1394)) sets forth a procedure photometric performance requirements (a) A Type D headlighting system for judicial review of final rules of Figure 15A based upon the following consists of two Type 2D1 headlamps establishing, amending or revoking mathematical expression: conforming and associated hardware, which are Federal motor vehicle safety standards. test point value=2 (Figure 15A test point designed to conform to the requirements That section does not require value)/total number of lower or upper of paragraph S7.3.2(a) through (c), submission of a petition for beam contributors for the vehicle, as except that Figure 27 is substituted for reconsideration or other administrative appropriate. * ** proceedings before parties may file suit Table 3 in paragraph S7.3.2(a)(3). * * * * * * * * * * in court. 10. and 11. Section 571.108 is S7.3.6 Type E headlighting system. amended by removing the word List of Subjects in 49 CFR Part 571 (a) A Type E headlighting system ‘‘standardized’’ from the following Imports, Motor vehicle safety, Motor consists of two Type 2E1 headlamps vehicles. paragraphs: and associated hardware, which are (a) S7.5(a); designed to conform to the requirements (b) S7.5(b); PART 571ÐFEDERAL MOTOR of paragraph S7.3.2(a) through (c), VEHICLE SAFETY STANDARDS (c) S7.5(f); except that Figure 27 is substituted for (d) S8.6; In consideration of the foregoing, 49 Table 3 in paragraph S7.3.2(a)(3). 12. Section 571.108 is amended by CFR part 571 is amended as follows: * * * * * revising paragraphs S7.5(d)(2)(i)(A)(1) Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8201 and (2), (d)(2)(ii)(A)(1) and (2), (A) The upper beam requirements of 13. In paragraph S7.6.2 of Section (d)(3)(i)(A) and (B), (d)(3)(ii)(A) and (B), Figure 27 or Figure 15A if the light 571.108 the words ‘‘Figure 17’’ are (e)(2)(i)(A) and (B), (e)(2)(ii)(A) and (B), sources in the headlamp system are any revised to read ‘‘Figure 17A’’. (e)(3)(i) and (ii), and (i) to read as combination of dual filament light 14. In paragraph S7.6.2.1 of Section follows: sources other than Type HB2; or 571.108, the phrase ‘‘through (i)’’ is S7.5 Replaceable Bulb Headlamp (B) The upper beam requirements of revised to read ‘‘through (h).’’ Systems. Figure 15A, if the light sources are Type 15. In paragraph S7.6.3 of Section * * * * * HB2, or dual filament light sources 571.108 the words ‘‘Figure 15’’ are (d) * * * other than Type HB1 and Type HB5. revised to read ‘‘Figure 15A’’ wherever (2) * * * The lens of each such headlamp shall be they appear. (i) * * * marked with the letter ‘‘U’’. 16. Paragraph S7.7(a) of Section (A) * * * (e) * * * 571.108 is amended by revising the final (1) The lower beam requirements of (2) * * * sentence to read: ‘‘A general tolerance Figure 27 or Figure 17A if the light (i) * * * shall apply to Figure 3 as follows: +/¥ sources in the headlamp system are any (A) By the outboard light source (or 0.004 in. (0.10 mm) to all linear combination of dual filament the uppermost if arranged vertically) dimensions and +/¥ l degree 00 replaceable light sources other than designed to conform to the lower beam minutes to all angular dimensions Type HB2; or requirements of Figure 17A; or except for referenced dimensions and (2) The lower beam requirements of (B) By both light sources, designed to unless otherwise specified.’’ Figure 17A if the light sources are Type conform to the upper beam 17. Paragraph S7.7(j) of Section HB2, or any combination of replaceable requirements of Figure 17A. 571.108 is amended by revising the light sources that include Type HB2; or (ii) * * * second sentence to read: ‘‘The diameter of the aperture in Figure 25 on a (A) By the inboard light source (or the * * * * * replaceable light source designed to lower one if arranged vertically), (ii) * * * conform to subparagraph (g) of this designed to conform to the upper beam (A) * * * paragraph shall be that figure furnished requirements of Figure 17A; or (1) the upper beam requirements of for such light source in compliance with (B) By both light sources, designed to Figure 27 or Figure 17A if the light section IV.B of appendix A of part 564 conform to the upper beam sources in the headlamp system are any of this chapter.’’ requirements of Figure 17A. combination of dual filament 18. In paragraph S7.8.5.2(a) of Section replaceable light sources other than (3) * * * 571.108, the word ‘‘verticle’’ is revised Type HB2; or (i) The lower beam shall be produced to read ‘‘vertical.’’ (2) the upper beam requirements of by the outboard lamp (or the upper one 19. Section 571.108 is amended by Figure 17A if the light sources are Type if arranged vertically), designed to revising S8.1 to read as follows: HB2, or any combination of replaceable confrom to the lower beam requirements S8.1 Photometry. Each headlamp to light sources that include Type HB2; or of Figure 15A. The lens of each such which paragraph S8 applies shall be * * * * * headlamp shall be permanently marked tested according to paragraphs 4.1 and (3) * * * with the letter ‘‘L’’. 4.1.4 of SAE Standard J1383 APR85 for (i) * * * (ii) The upper beam shall be produced meeting the applicable photometric (A) The lower beam requirements of by the inboard lamp (or the lower one requirements after each test specified in Figure 27 or Figure 15A if the light if arranged vertically), designed to paragraphs S8.2, S8.3, S8.5, S8.6.1, and sources in the headlamp system are any conform to the upper beam S8.6.2. A 1/4 degree reaim is permitted combination of dual filament light requirements of Figure 15A. The lens of in any direction at any test point. sources other than Type HB2; or each such headlamp shall be marked 20. In paragraph S11 of Section (B) The lower beam requirements of with the letter ‘‘U’’. 571.108, the words in the first sentence Figure 15A if the light sources are Type * * * * * ‘‘12.8V +/20mV’’ are revised to read HB2, or dual filament light sources (i) Each headlamp shall meet the ‘‘12.8V +/¥20mV’’. other than Type HB1 and Type HB5. requirements of paragraphs S7.4(g) and 21. Figure 15 and Figure 17 of Section The lens of each such headlamp shall be (h), except that the sentence in 571.108 are removed. marked with the letter ‘‘L’’. paragraph (g) to verify sealing according 22. Figure 17A of Section 571.108 is (ii) * * * to section S8.9 Sealing does not apply. revised to read as follows: FIGURE 17A.ÐPHOTOMETRIC TEST POINT VALUES, 2-LAMP SYSTEM Upper beam Lower beam Test points (degrees) cd max. cd min. Test points (degrees) cd max. cd min. 2U±V ...... 1,500 10U±90U ...... 125 ...... 1U±3L and 3R ...... 5,000 4U±8L and 8R ...... 64 H±V ...... 75,000 40,000 2U±4L ...... 135 H±3L and 3R ...... 15,000 1±1/2U±1R to 3R ...... 200 H±6L and 6R ...... 5,000 1±1/2U±1R to R ...... 1,400 ...... H±9L and 9R ...... 3,000 1U±1±1/2L to L ...... 700 ...... H±12L and 12R ...... 1,500 1/2U±1±1/2L to L ...... 1,000 ...... 1±1/2D±V ...... 5,000 1/2U±1R to 3R ...... 2,700 500 1±1/2D±9L and 9R ...... 2,000 H±4L ...... 135 2±1/2D±V ...... 2,500 H±8L ...... 64 2±1/2D±12L and 12R ...... 1,000 1/2D±1±1/2L to L ...... 3,000 ...... 4D±V ...... 12,000 ...... 1/2D±1±1/2R ...... 20,000 10,000 8202 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations FIGURE 17A.ÐPHOTOMETRIC TEST POINT VALUES, 2-LAMP SYSTEMÐContinued Upper beam Lower beam Test points (degrees) cd max. cd min. Test points (degrees) cd max. cd min. 1D±6L ...... 1,000 1±1/2D±2R ...... 15,000 1±1/2D±9L and 9R ...... 1,000 2D±15L and 15R ...... 850 4D±4R ...... 12,500 ...... 23. Figure 26 of Section 571.108 is revised to read as follows: FIGURE 26.ÐTABLE OF PHOTOMETRIC REQUIREMENTS [1. Four-Headlamp Systems (4)] [2. Two-Headlamp Systems (2)] Light source type HB1 HB2 HB3 HB4 HB5 HB1 ...... Fig. 27 (4,2) or ...... Fig. 15A(4) ...... Fig. 15A(4) ...... Fig. 15A(4) ...... Fig. 27 (4,2) or Fig. 15A (4) or ...... Fig. 17A(2) ...... Fig. 17A(2) ...... Fig. 17A(2) ...... Fig. 15A (4) or Fig. 17A (2) ...... Fig. 17A (2) HB2 ...... Fig. 15A(4) ...... Fig. 15A(4) ...... Fig. 15A(4) ...... Fig. 15A(4) Fig. 17A(2) ...... Fig. 17A(2) ...... Fig. 17A(2) ...... Fig. 17A(2) HB3 ...... Fig. 15A(4) ...... Fig. 15A(4) ...... Fig. 15A(4) Fig. 17A(2) ...... Fig. 17A(2) ...... Fig. 17A(2) HB4 ...... Fig. 15A(4) ...... Fig. 15A(4) Fig. 17A(2) ...... Fig. 17A(2) HB5 ...... Fig. 27 (4,2) or Fig. 15A (4) or Fig. 17A (2) 24. In Table IV of Section 571.108, the takes this action in response to a The Japan Automobile Tire word ‘‘symetrically’’ appearing under petition for rulemaking from the Japan Manufacturers’ Association (JATMA) the heading ‘‘Motorcycles’’ in the Automobile Tire Manufacturers’ petitioned NHTSA, suggesting that horizontal column captioned Association. S4.3.5 should be amended to require ‘‘Headlamps’’ is revised to read DATES: This final rule is effective March adding the words ‘‘or ‘inflate to 420 kPa ‘‘symmetrically.’’ 15, 1995. Petitions for reconsideration of (60 psi)’ ’’ after ‘‘Inflate to 60 psi.’’ Issued on: February 6, 1995. this final rule must be received not later JATMA stated that the maximum inflation pressure of a ‘‘T’’-type spare Ricardo Martinez, than March 15, 1995. ADDRESSES: Petitions for reconsideration tire is listed as 420 kilopascals (kPa) in Administrator. the Tire and Rim Association, Inc., Year [FR Doc. 95–3303 Filed 2–10–95; 8:45 am] of this final rule should refer to the docket and notice number cited in the Book, the JATMA Year Book, and in BILLING CODE 4910±59±P heading of this final rule and be Japanese Industrial Standard (JIS) submitted to: Administrator, National D4230. JATMA indicated that, if the suggested amendment were adopted by 49 CFR Part 571 Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, NHTSA, tire manufacturers would be [Docket No. 94±53, Notice 02] DC 20590. It is requested, but not able to mark tires for both the Japanese required, that 10 copies be submitted. and U.S. markets. NHTSA granted the RIN No. 2127±AF19 petition by letter dated January 7, 1994. FOR FURTHER INFORMATION CONTACT: Ms. Federal Motor Vehicle Safety Terri Droneburg, Office of Vehicle Notice of Proposed Rulemaking Standards (FMVSS); New Pneumatic Safety Standards, National Highway On July 5, 1994, NHTSA published in Tires Traffic Safety Administration, 400 the Federal Register (59 FR 34405) a AGENCY: National Highway Traffic Seventh Street SW., Room 5307, notice of proposed rulemaking (NPRM) Safety Administration (NHTSA), Washington, DC 20590. Ms. Droneburg’s proposing to make JATMA’s requested Department of Transportation (DOT). telephone number is: (202) 366–6171. changes to Std. No. 109. NHTSA noted ACTION: Final rule. SUPPLEMENTARY INFORMATION: Federal that the changes, if made final, would be Motor Vehicle Safety Standard No. 109, consistent with the requirement of SUMMARY: In this final rule, NHTSA New Pneumatic Tires (Std. No. 109), section 5164 of the Omnibus Trade and amends the labeling requirements of the requires passenger car tires to be labeled Competitiveness Act (Pub. L. 100–418), safety standard for new passenger car with important safety information, which designated the metric system as pneumatic tires by permitting tires including tire size, construction, and the preferred system of weights and whose maximum inflation pressure is inflation pressure. S4.3.5 of the standard measures for U.S. trade and commerce. 60 pounds per square inch (psi) to be provides that if the maximum inflation NHTSA stated its belief that allowing labeled in metric measurements: pressure of a tire is 60 pounds per metric units on tires would further the ‘‘Inflate to 420 kPa (60 psi).’’ This final square inch (psi), the words ‘‘Inflate to international harmonization of rule would further international 60 psi’’ shall be molded on both standards. Common sizing for harmonization of standards. NHTSA sidewalls of the tire. international markets would facilitate Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8203 the manufacture of products, and could Accordingly, the agency has not does not require submission of a ultimately result in products sold at prepared a final regulatory flexibility petition for reconsideration or other lower prices. NHTSA tentatively analysis. The rationale for this administrative proceedings before determined that the petitioner’s certification is that the agency believes parties may file suit in court. requested metric unit on tires would not that few, if any, of the tire List of Subjects in 49 CFR Part 571 confuse consumers or obscure the manufacturers which would be affected meaning of the inflation pressure by this final rule qualify as small Imports, Motor vehicle safety, Motor information labeled on tires. Thus, businesses. Small businesses, small vehicles, Rubber and rubber products, NHTSA tentatively concluded there was organizations and small governmental and Tires. no safety reason to preclude permitting units could be affected by the final rule In consideration of the foregoing, 49 JATMA’s requested metric labeling. to the extent that they may purchase CFR part 571 is amended as follows: In the NPRM, NHTSA also proposed new tires subject to the new to correct a typographical error in S4.3 requirements. However, NHTSA does PART 571ÐFEDERAL MOTOR of Std. No. 109. The first sentence of not believe the costs of tires would be VEHICLE SAFETY STANDARDS S4.3 provides that each tire shall have affected by this rule. Thus, these entities the information ‘‘shown in paragraphs would not be significantly affected. 1. The authority citation for Part 571 (a) and (g)’’ of S4.3. The word ‘‘and’’ in C. National Environmental Policy Act continues to read as follows: that phrase should read ‘‘through,’’ and Authority: 49 U.S.C. 322, 30111, 30115, NHTSA proposed to make the NHTSA has analyzed this rulemaking action for purposes of the National 30117, and 30166; delegation of authority at correction in the regulatory text. 49 CFR 1.50. Environmental Policy Act and has Final Rule determined that implementation of this 2. Section 571.109 is amended by In response to the NPRM, NHTSA final rule would have no significant revising the introductory paragraph of received one comment. That comment impact on the quality of the human S4.3 and the entire paragraph of S4.3.5 came from the Rubber Manufacturers environment. to read as follows: Association (RMA), on behalf of D. E.O. 12612 (Federalism) domestic tire manufacturers. The RMA § 571.109 Standard No. 109, New Pneumatic Tires. stated that it favored adoption of the NHTSA has analyzed this proposal in proposed changes to Std. No. 109. Since accordance with the principles and * * * * * NHTSA received only one comment on criteria contained in E.O. 12612 and has S4.3 Labeling Requirements. Except the NPRM, and that comment favored determined that this proposal does not as provided in S4.3.1 and S4.3.2, each adoption of the proposal, NHTSA have sufficient federalism implications tire shall have permanently molded into adopts as final the regulatory text to warrant preparation of a Federalism or onto both sidewalls, in letters and proposed in the NPRM. Assessment. numerals not less than 0.078 inches E. Paperwork Reduction Act high, the information shown in Rulemaking Analyses and Notices paragraphs S4.3 (a) through (g). On at Certain provisions in this final rule A. Executive Order 12866 and DOT least one sidewall, the information shall that permit manufacturers to mark Regulatory Policies and Procedures be positioned in an area between the metric measurements on tires, are maximum section width and bead of the This final rule was not reviewed considered to be information collection tire, unless the maximum section width under E.O. 12866, ‘‘Regulatory Planning requirements, as that term is defined by of the tire falls between the bead and and Review.’’ NHTSA has considered the Office of Management and Budget one-fourth of the distance from the bead the impact of this rulemaking action and (OMB), in 5 CFR part 1320. The to the shoulder of the tire. For tires has concluded that it is not significant information collection requirements where the maximum section width falls under the DOT’s regulatory policies and have been submitted to and approved by in that area, locate all required labeling procedures. This action would not OMB. This collection of information has between the bead and a point one-half change any of the substantive been assigned OMB Control Number the distance from the bead to the requirements of Std. No. 109. The effect 2127–0503 (Consolidated labeling shoulder of the tire. However, in no case on labeling costs might be to decrease requirements for tires and rims) and has shall the information be positioned on such costs slightly for tire been approved for use through the tire so that it is obstructed by the manufacturers that now convert metric November 30, 1995. flange or any rim designated for use units on their tires to English units, or with that tire in Standards Nos. 109 and that now convert English units on tires F. Civil Justice Reform 110 (§ 571.109 and § 571.110 of this to metric units for sale overseas. This final rule would not have any part). However, NHTSA believes the costs retroactive effect. Under 49 U.S.C. savings, if any, would be minimal. section 30103, whenever a Federal * * * * * NHTSA has concluded, therefore, that motor vehicle safety standard is in S4.3.5 If the maximum inflation since the costs of complying with the effect, a state may not adopt or maintain pressure of a tire is 420 kPa (60 psi), the changes in this final rule are minimal, a safety standard applicable to the same tire shall have permanently molded into preparation of a full regulatory aspect of performance that is not or onto both sidewalls, in letters and evaluation is not warranted. identical to the Federal standard, except numerals not less than 1/2 inch high, to the extent that the state requirement the words ‘‘Inflate to 60 psi’’ or ‘‘Inflate B. Regulatory Flexibility Act imposes a higher level of performance to 420 kPa (60 psi).’’ On both sidewalls, NHTSA has considered the impacts of applicable only to vehicles procured for the words shall be positioned in an area this rulemaking action under the the state’s own use. 49 U.S.C. section between the tire shoulder and the bead Regulatory Flexibility Act. I hereby 30161 sets forth a procedure for judicial of the tire. However, in no case shall the certify that this final rule would not review of final rules establishing, words be positioned on the tire so that have a significant economic impact on amending or revoking Federal motor they are obstructed by the flange of any a substantial number of small entities. vehicle safety standards. That section rim designated for use with that tire in 8204 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations this standard or in Standard No. 110 (§ 571.110 of this part). * * * * * Issued on: February 3, 1995. Christopher A. Hart, Deputy Administrator. [FR Doc. 95–3487 Filed 2–10–95; 8:45 am] BILLING CODE 4910±59±P 8205 Proposed Rules Federal Register Vol. 60, No. 29 Monday, February 13, 1995 This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Mr. BK 117 series helicopters. The Luftfahrt- contains notices to the public of the proposed Richard Monschke, Aerospace Engineer, Bundesamt advises that the M/R blade issuance of rules and regulations. The Rotorcraft Standards Staff, FAA, upper and lower surfaces in the area of purpose of these notices is to give interested Rotorcraft Directorate, 2601 Meacham the balance weights may bulge or have persons an opportunity to participate in the Blvd., Fort Worth, Texas 76137, creep deformations. rule making prior to the adoption of the final rules. telephone (817) 222–5116, fax (817) Eurocopter Deutschland GmbH (ECD) 222–5961. has issued Alert Service Bulletin ASB– MBB–BK 117–10–108, Revision 1, dated SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION October 14, 1994, which specifies initial Comments Invited and repetitive inspections of the upper Federal Aviation Administration Interested persons are invited to and lower surfaces of the main rotor participate in the making of the blades for bulging in the area of the 14 CFR Part 39 proposed rule by submitting such outboard lead balance weight. The [Docket No. 94±SW±19±AD] written data, views, or arguments as Luftfahrt-Bundesamt classified this they may desire. Communications service bulletin as mandatory and Airworthiness Directives; Eurocopter should identify the Rules Docket issued AD 94–280 in order to assure the Deutschland GmbH (ECD) Model MBB± number and be submitted in triplicate to continued airworthiness of these BK 117 Series Helicopters the address specified above. All helicopters in the Federal Republic of communications received on or before Germany. AGENCY: Federal Aviation This helicopter model is Administration, DOT. the closing date for comments, specified above, will be considered before taking manufactured in the Federal Republic of ACTION: Notice of proposed rulemaking action on the proposed rule. The Germany and is type certificated for (NPRM). proposals contained in this notice may operation in the United States under the be changed in light of the comments provisions of section 21.29 of the SUMMARY: This document proposes the Federal Aviation Regulations (14 CFR adoption of a new airworthiness received. Comments are specifically invited on 21.29) and the applicable bilateral directive (AD) that is applicable to airworthiness agreement. Pursuant to Eurocopter Deutschland GmbH (ECD) the overall regulatory, economic, environmental, and energy aspects of this bilateral airworthiness agreement, Model MBB–BK 117 series helicopters. the Luftfahrt-Bundesamt has kept the This proposal would require initial and the proposed rule. All comments submitted will be available, both before FAA informed of the situation described repetitive inspections of the main rotor above. The FAA has examined the (M/R) blade upper and lower surface for and after the closing date for comments, in the Rules Docket for examination by findings of the Luftfahrt-Bundesamt, bulging. This proposal is prompted by reviewed all available information, and two reported incidents in which a interested persons. A report summarizing each FAA-public contact determined that AD action is necessary balance weight became detached from for products of this type design that are inside the M/R blade structure and concerned with the substance of this proposal will be filed in the Rules certificated for operation in the United migrated toward the tip of the M/R States. blade. The actions specified by the Docket. Commenters wishing the FAA to Since an unsafe condition has been proposed AD are intended to detect identified that is likely to exist or movement of a balance weight to acknowledge receipt of their comments submitted in response to this notice develop on other Eurocopter prevent severe vibrations and a Deutschland GmbH (ECD) Model MBB– subsequent precautionary landing. must submit a self-addressed, stamped postcard on which the following BK 117 series helicopters of the same DATES: Comments must be received by statement is made: ‘‘Comments to type design registered in the United April 14, 1995. Docket No. 94–SW–19–AD.’’ The States, the proposed AD would require ADDRESSES: Submit comments in postcard will be date stamped and initial and repetitive inspections of the triplicate to the Federal Aviation returned to the commenter. M/R blade upper and lower surface for Administration (FAA), Office of the bulging. The actions would be required Assistant Chief Counsel, Attention: Availability of NPRMs to be accomplished in accordance with Rules Docket No. 94–SW–19–AD, 2601 Any person may obtain a copy of this the service bulletin described Meacham Blvd., Room 663, Fort Worth, NPRM by submitting a request to the previously. Texas 76137. Comments may be FAA, Office of the Assistant Chief The FAA estimates that 125 inspected at this location between 9:00 Counsel, Attention: Rules Docket No. helicopters of U.S. registry would be a.m. and 3:00 p.m., Monday through 94–SW–19–AD, 2601 Meacham Blvd., affected by this proposed AD, that it Friday, except Federal holidays. Room 663, Fort Worth, Texas 76137. would take approximately one-half The service information referenced in work hour per helicopter to accomplish the proposed rule may be obtained from Discussion the proposed actions, and that the American Eurocopter Corporation, 2701 The Luftfahrt-Bundesamt, which is average labor rate is $60 per work hour. Forum Drive, Grand Prairie, Texas the airworthiness authority for the Based on these figures, the total cost 75053–4005. This information may be Federal Republic of Germany, recently impact of the proposed AD on U.S. examined at the FAA, Office of the notified the FAA that an unsafe operators is estimated to be $3,750. Assistant Chief Counsel, 2601 Meacham condition may exist on Eurocopter The regulations proposed herein Blvd., Room 663, Fort Worth, Texas. Deutschland GmbH (ECD) Model MBB– would not have substantial direct effects 8206 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules on the States, on the relationship in the marked inspection area for signs of structural details where fatigue damage between the national government and bulging, in accordance with Paragraph 2.A. of is likely to occur. The actions specified the States, or on the distribution of the Accomplishment Instructions of by the proposed AD are intended to power and responsibilities among the Eurocopter Deutschland GmbH (ECD) Alert prevent fatigue cracking that could Service Bulletin ASB–MBB–BK 117–10–108, various levels of government. Therefore, Revision 1, dated October 14, 1994. compromise the structural integrity of in accordance with Executive Order (b) If a marked inspection area is not these airplanes. 12612, it is determined that this visible, mark the area in accordance with DATES: Comments must be received by proposal would not have sufficient Paragraph 2.A. of the Accomplishment April 10, 1995. federalism implications to warrant the Instructions of Eurocopter Deutschland ADDRESSES: Submit comments in preparation of a Federalism Assessment. GmbH (ECD) Alert Service Bulletin ASB- triplicate to the Federal Aviation For the reasons discussed above, I MBB-BK 117–10–108, Revision 1, dated Administration (FAA), Transport certify that this proposed regulation (1) October 14, 1994, and then inspect in Airplane Directorate, ANM–103, accordance with paragraph (a) of this AD. is not a ‘‘significant regulatory action’’ (c) If bulging exceeds 1mm in height, Attention: Rules Docket No. 93–NM– under Executive Order 12866; (2) is not remove the blade and replace it with an 219–AD, 1601 Lind Avenue, SW., a ‘‘significant rule’’ under the DOT airworthy blade in accordance with the Renton, Washington 98055–4056. Regulatory Policies and Procedures (44 applicable maintenance manual. Comments may be inspected at this FR 11034, February 26, 1979); and (3) if (d) An alternative method of compliance or location between 9:00 a.m. and 3:00 promulgated, will not have a significant adjustment of the compliance time that p.m., Monday through Friday, except economic impact, positive or negative, provides an acceptable level of safety may be Federal holidays. on a substantial number of small entities used when approved by the Manager, The service information referenced in Rotorcraft Standards Staff, FAA, Rotorcraft the proposed rule may be obtained from under the criteria of the Regulatory Directorate. Operators shall submit their Flexibility Act. A copy of the draft requests through an FAA Principal Lockheed Aeronautical Systems regulatory evaluation prepared for this Maintenance Inspector, who may concur or Support Company, Field Support action is contained in the Rules Docket. comment and then send it to the Manager, Department, Dept. 693, Zone 0755, 2251 A copy of it may be obtained by Rotorcraft Standards Staff. Lake Park Drive, Smyrna, Georgia contacting the Rules Docket at the Note: Information concerning the existence 30080. This information may be location provided under the caption of approved alternative methods of examined at the FAA, Transport ADDRESSES. compliance with this AD, if any, may be Airplane Directorate, 1601 Lind obtained from the Rotorcraft Standards Staff. Avenue, SW., Renton, Washington; or at List of Subjects in 14 CFR Part 39 (e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 the FAA, Small Airplane Directorate, Air transportation, Aircraft, Aviation of the Federal Aviation Regulations (14 CFR Atlanta Aircraft Certification Office, safety, Safety. 21.197 and 21.199) to operate the helicopter Campus Building, 1701 Columbia The Proposed Amendment to a location where the requirements of this Avenue, Suite 2–160, College Park, AD can be accomplished. Georgia. Accordingly, pursuant to the Issued in Fort Worth, Texas, on February FOR FURTHER INFORMATION CONTACT: authority delegated to me by the 6, 1995. Thomas Peters, Aerospace Engineer, Administrator, the Federal Aviation Eric Bries, Flight Test Branch, ACE–160A, FAA, Administration proposes to amend part Acting Manager, Rotorcraft Directorate, Small Airplane Directorate, Atlanta 39 of the Federal Aviation Regulations Aircraft Certification Service. Aircraft Certification Office, Campus (14 CFR part 39) as follows: [FR Doc. 95–3514 Filed 2–10–95; 8:45 am] Building, 1701 Columbia Avenue, Suite 2–160, College Park, Georgia 30337– PART 39ÐAIRWORTHINESS BILLING CODE 4910±13±P 2748; telephone (404) 305–7367; fax DIRECTIVES (404) 305–7348. 14 CFR Part 39 1. The authority citation for part 39 SUPPLEMENTARY INFORMATION: continues to read as follows: [Docket No. 93±NM±219±AD] Authority: 49 U.S.C. App. 1354(a), 1421 Comments Invited and 1423; 49 U.S.C. 106(g); and 14 CFR Airworthiness Directives; Lockheed Interested persons are invited to 11.89. Model L±1011±385±1 Series Airplanes participate in the making of the proposed rule by submitting such § 39.13 [Amended] AGENCY: Federal Aviation 2. Section 39.13 is amended by Administration, DOT. written data, views, or arguments as adding a new airworthiness directive to ACTION: Notice of proposed rulemaking they may desire. Communications shall read as follows: (NPRM). identify the Rules Docket number and Eurocopter Deutschland GmbH (ECD): be submitted in triplicate to the address Docket No. 94–SW–19–AD. SUMMARY: This document proposes the specified above. All communications Applicability: Model MBB–BK 117 A–1, adoption of a new airworthiness received on or before the closing date A–3, A–4, B–1, B–2, and C–1 helicopters, directive (AD) that is applicable to all for comments, specified above, will be certificated in any category. Lockheed Model L–1011–385–1 series considered before taking action on the Compliance: Required as indicated, unless airplanes. This proposal would require proposed rule. The proposals contained accomplished previously. implementation of a Supplemental in this notice may be changed in light To detect movement of a balance weight, Inspection Document (SID) program of of the comments received. severe vibrations, and a subsequent structural inspections to detect fatigue Comments are specifically invited on precautionary landing, accomplish the cracking, and repair, if necessary, to the overall regulatory, economic, following: ensure continued airworthiness of these environmental, and energy aspects of (a) Within the next 5 hours time-in-service (TIS) after the effective date of this AD, and airplanes as they approach the the proposed rule. All comments thereafter, at intervals not to exceed 50 hours manufacturer’s original fatigue design submitted will be available, both before TIS, visually inspect the upper and lower life goal. This proposal is prompted by and after the closing date for comments, surface of the main rotor blades (blades) in a structural re-evaluation by the in the Rules Docket for examination by the area of the outboard lead balance weight manufacturer that identified certain interested persons. A report Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8207 summarizing each FAA-public contact 3. Review the adequacy of each Explanation of Service Information concerned with the substance of this operator’s structural maintenance proposal will be filed in the Rules program, Lockheed Document Number Docket. 4. Review and update the LG92ER0060, ‘‘L–1011–385 Series Supplemental Inspection Document,’’ Commenters wishing the FAA to Supplemental Inspection Documents revised January 1994 (hereafter referred acknowledge receipt of their comments (SID), and submitted in response to this notice 5. Assess repair quality. to as ‘‘the Lockheed Document’’), is the must submit a self-addressed, stamped The Task Group assigned to review result of a structural re-evaluation postcard on which the following Lockheed Model L–1011–385 series conducted by Lockheed. The criteria statement is made: ‘‘Comments to airplanes completed its work on Item 1 that were used for this re-evaluation are Docket Number 93–NM–219–AD.’’ The (mandatory structural modifications), contained in FAA Advisory Circular postcard will be date stamped and above, in June 1990. The Task Group’s (AC) 91–56, ‘‘Supplemental Structural returned to the commenter. recommendations are contained in Inspection Program for Large Transport Revision 1 of Lockheed Service Bulletin Category Airplanes,’’ and Federal Availability of NPRMs 093–51–035, ‘‘Structures—Aging Aviation Regulation 25.571 (14 CFR 25.571), amendment 25–45. During this Any person may obtain a copy of this Aircraft Structural Modifications and NPRM by submitting a request to the Inspections—Collector Service structural re-evaluation, Lockheed FAA, Transport Airplane Directorate, Bulletin,’’ dated December 16, 1991. examined Structurally Significant ANM–103, Attention: Rules Docket No. The FAA issued AD 94–05–01, Details (SSD), which are structural parts 93–NM–219–AD, 1601 Lind Avenue, amendment 39–8839 (59 FR 10275, and components that carry significant SW., Renton, Washington 98055–4056. March 4, 1994), which mandates the ground, flight, cabin pressure, or control installation of the modifications loads whose failure could affect the Discussion specified in that document. safety of the aiplane. From these SSD’s, Lockheed identified candidate locations In April 1988, a transport category The Task Group completed its work for supplemental inspections that have airplane managed to land after tiny on Item 2 (corrosion-directed been incorporated into the Lockheed cracks in rivet holes in the upper inspections) and developed a baseline fuselage linked together, causing program for controlling corrosion Document. structural failure and explosive problems that may jeopardize the The Model L–1011–385–3 series decompression. An 18-foot section continued airworthiness of the airplanes were excluded from this re- ripped from the fuselage. This accident Lockheed Model L–1011 fleet. This evaluation. These newer, long-range focused greater attention on the problem program is contained in Lockheed airplanes fly less frequently and are of aging aircraft. Document Number LR 31889, neither imminently approaching nor In June 1988, the FAA sponsored a ‘‘Corrosion Prevention and Control have they exceeded the manufacturer’s conference on aging airplane issues, Program, TriStar L–1011,’’ dated March original fatigue design life goal. which was attended by representatives 15, 1991. The FAA issued AD 93–20–03, (However, as these airplanes accumulate of the aviation industry from around the amendment 39–8710 (58 FR 60775, more hours time-in-service, and as the world. It became obvious that, because November 18, 1993), which requires the critical area selection is developed and of the tremendous increase in air travel, implementation of a corrosion identified, the FAA anticipates that the relatively slow pace of new airplane prevention and control program. these airplanes will be addressed in production, and the apparent economic The Task Group completed its work future rulemaking actions.) on Item 4 (Supplemental Inspection feasibility of operating older technology Specifically, the Lockheed Document Document) in May 1993 and developed airplanes rather than retiring them, describes procedures for supplemental a program for the implementation of a increased attention needed to be inspections of SSD’s for Model L–1011– SID program identified in Lockheed focused on this aging fleet and 385–1 series airplanes. This Lockheed Document Number LG92ER0060, ‘‘L– maintaining its continued operational Document identifies SSD’s in 13 safety. 1011–385 Series Supplemental Inspection Document,’’ revised January fuselage, one stabilizer, and 14 wing The Air Transport Association (ATA) 1994, which recommends structural critical areas. The Document also of America and the Aerospace inspections of older airplanes. The Task specifies that operators submit the Industries Association (AIA) of America Group has identified certain service results of these inspections to Lockheed. committed to identifying and difficulties that warrant mandatory The Task Group has reviewed the implementing procedures to ensure inspections following mandatory Lockheed Document, and has continued structural airworthiness of modification of these airplanes. The recommended it to the FAA for aging transport category airplanes. An Task Group considers that these service mandatory inspection following Airworthiness Assurance Working difficulties can be controlled safely by mandatory modification to ensure the Group (AAWG), with representatives repetitively inspecting following successful long-term operation of from the aircraft operators, modification of these airplanes, and Lockheed Model L–1011–385 series manufacturers, regulatory authorities, that, because of the safety implications, airplanes. The FAA has concurred with and other aviation representatives, was the inspections should be mandatory to the Task Group’s recommendations and originally established in August 1988. assure that all operators perform them. has determined that AD action is The objective of the AAWG was to Typically, the addressed unsafe warranted to mandate the inspections sponsor ‘‘Task Groups’’ to: conditions (i.e., fatigue cracking) have and modifications to ensure the 1. Select service bulletins, applicable occurred infrequently on older continued airworthiness of the Model to each airplane model in the transport airplanes, and the Task Group has a L–1011–385 fleet. Fatigue cracking in fleet, to be recommended for mandatory very high degree of confidence in the the SSD’s specified in the Lockheed modification of aging airplanes, ability of an inspection program to Document, if not detected and corrected 2. Develop corrosion directed detect the damage before it impairs in a timely manner, could compromise inspections and prevention programs, safety. the structural integrity of the airplane. 8208 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules Explanation of the Provisions of the However, the FAA has been advised Regulatory Impact Proposed AD that the terminating modification for The regulations proposed herein Since an unsafe condition has been SSD 53–2–1, which is described in the would not have substantial direct effects identified that is likely to exist or Lockheed Document, has been on the States, on the relationship develop on other products of this same accomplished by the entire L–1011– between the national government and type design, the proposed AD would 385–1 fleet. Therefore, the inspections the States, or on the distribution of require a revision to the FAA-approved for SSD 53–2–1, which would have power and responsibilities among the required 48 work hours per airplane to maintenance inspection program to various levels of government. Therefore, accomplish, will not need to be include a SID program of structural in accordance with Executive Order performed. In light of this, the cost inspections. The intent of these 12612, it is determined that this impact for the initial inspections inspections is to detect fatigue cracking proposal would not have sufficient contained in this proposal is now only in order to ensure continued federalism implications to warrant the $1,470,000, or $14,700 per airplane. preparation of a Federalism Assessment. airworthiness as these airplanes The recurring inspection cost impact approach the manufacturer’s original For the reasons discussed above, I on the affected operators is estimated to certify that this proposed regulation (1) fatigue design life goal. be 52 work hours per airplane at an is not a ‘‘significant regulatory action’’ Specifically, this proposal would average labor cost of $60 per work hour. under Executive Order 12866; (2) is not require that the initial inspection for Based on these figures, the annual a ‘‘significant rule’’ under the DOT each individual SSD be performed recurring cost of this AD is estimated to Regulatory Policies and Procedures (44 within one ‘‘repeat interval’’ after the not exceed $312,000 for the affected FR 11034, February 26, 1979); and (3) if effective date of the AD or prior to the U.S. fleet, or $3,120 per airplane. threshold specified in the Lockheed Based on the above figures, the total promulgated, will not have a significant Document, whichever occurs later. This cost impact of this AD for the first year economic impact, positive or negative, proposal would provide operators with is estimated to not exceed $47,700 per on a substantial number of small entities time for planning and scheduling by airplane, and $2,820 per airplane for under the criteria of the Regulatory granting a deviation of 10 percent for each year thereafter. Flexibility Act. A copy of the draft the interval specified in the Lockheed The FAA recognizes that the regulatory evaluation prepared for this Document for subsequent repetitive obligation to maintain aircraft in an action is contained in the Rules Docket. inspections. This action also would airworthy condition is vital, but A copy of it may be obtained by require that the results of the sometimes expensive. Because AD’s contacting the Rules Docket at the inspections be reported to Lockheed. require specific actions to address location provided under the caption These actions would be required to be specific unsafe conditions, they appear ADDRESSES. accomplished in accordance with the to impose costs that would not List of Subjects in 14 CFR Part 39 Lockheed Document described otherwise be borne by operators. previously. However, because of the general Air transportation, Aircraft, Aviation This proposal also would require that obligation of operators to maintain safety, Safety. any cracking detected be repaired either aircraft in an airworthy condition, this The Proposed Amendment in accordance with the appropriate appearance is deceptive. Attributing Accordingly, pursuant to the information referenced in the Lockheed those costs solely to the issuance of this authority delegated to me by the Document, in accordance with the AD is unrealistic because, in the interest Administrator, the Federal Aviation Structural Repair Manual, or in of maintaining safe aircraft, prudent Administration proposes to amend part accordance with a method approved by operators would accomplish the 39 of the Federal Aviation Regulations the FAA. required actions even if they were not (14 CFR part 39) as follows: required to do so by the AD. Economic Impact Information A full cost-benefit analysis has not PART 39ÐAIRWORTHINESS There are approximately 186 been accomplished for this proposed DIRECTIVES Lockheed Model L–1011–385–1 series AD. As a matter of law, in order to be airplanes of the affected design in the airworthy, an aircraft must conform to 1. The authority citation for part 39 worldwide fleet. The FAA estimates that its type design and be in a condition for continues to read as follows: 100 airplanes of U.S. registry would be safe operation. The type design is Authority: 49 U.S.C. App. 1354(a), 1421 affected by this proposed AD. approved only after the FAA makes a and 1423; 49 U.S.C. 106(g); and 14 CFR Incorporation of the SID into an determination that it complies with all 11.89. operator’s maintenance program would applicable airworthiness requirements. take approximately 550 work hours, and In adopting and maintaining those § 39.13 [Amended] the average labor rate is $60 per work requirements, the FAA has already 2. Section 39.13 is amended by hour. Based on these figures, the total made the determination that they adding the following new airworthiness cost impact of the proposed AD to establish a level of safety that is cost- directive: incorporate the SID into an operator’s beneficial. When the FAA, as in this Lockheed: Docket 93–NM–219–AD. maintenance program is estimated to be proposed AD, makes a finding of an Applicability: Model L–1011–385–1, –385– $33,000 per operator. unsafe condition, this means that the 1–14, and –385–1–15 series airplanes, Initially, the FAA estimates that it original cost-beneficial level of safety is certificated in any category. would take 293 work hours to no longer being achieved and that the Compliance: Required as indicated, unless accomplish the 28 inspections specified proposed actions are necessary to accomplished previously. in the SSID, and that the average labor restore that level of safety. Because this To prevent fatigue cracking that could compromise the structural integrity of these rate is $60 per work hour. Based on level of safety has already been airplanes, accomplish the following: these figures, the total cost impact of the determined to be cost-beneficial, a full (a) Within 6 months after the effective date proposed AD for the first year is cost-benefit analysis for this proposed of this AD, incorporate a revision into the estimated to be $1,758,000, or $17,580 AD would be redundant and FAA-approved maintenance inspection per airplane. unnecessary. program which provides for inspection(s) of Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8209 the structurally significant details (SSD) Note: Information concerning the existence encouraged to submit comments prior to defined in Lockheed Document Number of approved alternative methods of that date. LG92ER0060, ‘‘L–1011–385 Series compliance with this AD, if any, may be Supplemental Inspection Document,’’ revised obtained from the Atlanta ACO. Dated: February 8, 1995. January 1994. (e) Special flight permits may be issued in J. Davitt McAteer, (1) The initial inspection for each SSD accordance with sections 21.197 and 21.199 Assistant Secretary for Mine Safety and must be performed within one repeat interval of the Federal Aviation Regulations (14 CFR Health. after the effective date of this AD, or prior to 21.197 and 21.199) to operate the airplane to [FR Doc. 95–3596 Filed 2–10–95; 8:45 am] the threshold specified in the Lockheed a location where the requirements of this AD BILLING CODE 4510±43±M Document for that SSD, whichever occurs can be accomplished. later. (2) A 10 percent deviation from the Issued in Renton, Washington, on February 7, 1995. repetitive interval specified in the Lockheed DEPARTMENT OF TRANSPORTATION Document for that SSD is acceptable to allow Darrell M. Pederson, for planning and scheduling time. Acting Manager, Transport Airplane Coast Guard (3) If the Lockheed Document specifies that Directorate, Aircraft Certification Service. inspection of any SSD be performed at every [FR Doc. 95–3515 Filed 2–10–95; 8:45 am] ‘‘C’’ check, those inspections must be 33 CFR Part 117 performed at intervals not to exceed 5,000 BILLING CODE 4910±13±U hours time-in-service or 2,500 flight cycles, [CGD05±94±093] whichever occurs earlier. RIN 2115±AE47 (4) If the Lockheed Document specifies DEPARTMENT OF LABOR either the initial inspection or the repetitive Drawbridge Operation Regulations; inspection intervals for any SSD in terms of Mine Safety and Health Administration flight hours or flight cycles, the inspection Mullica River, NJ shall be performed prior to the earlier of the 30 CFR Parts 6, 18, 19, 20, 21, 22, 23, AGENCY: Coast Guard, DOT. terms (whichever occurs first on the airplane: 26, 27, 29, 33, and 35 either accumulated number of flight hours, or ACTION: Notice of proposed rulemaking. accumulated number of flight cycles). RIN 1219±AA87 (5) The non-destructive inspection SUMMARY: At the request of Burlington techniques referenced in Appendix VI of the Testing and Evaluation by Nationally County, New Jersey, the Coast Guard is Lockheed Document (Revision A of Lockheed Recognized Testing Laboratories and considering a change to the regulations Drawing 1647194) provide acceptable governing operation of the Lower Bank methods for accomplishing the inspections Use of Equivalent Testing and Evaluation Requirements bridge over the Mullica River at mile required by this AD. 15.0 between Atlantic and Burlington (b) If any cracking is found in any SSD, AGENCY: Mine Safety and Health Counties, New Jersey. This change will prior to further flight, repair in accordance with either paragraph (b)(1), (b)(2), or (b)(3) Administration (MSHA), Labor. extend the existing winter seasonal of this AD: ACTION: Notice to extend period for restrictions into April and require four (1) In accordance with the applicable public comment. hours advance notice of all bridge service bulletin referenced in Lockheed openings during this period. This Document Number LG92ER0060, ‘‘L–1011– SUMMARY: Due to requests from the change is being proposed because there 385 Series Supplemental Inspection public, the Mine Safety and Health have been few requests for bridge Document,’’ revised January 1994; or Administration (MSHA) is extending openings during the winter months. The (2) In accordance with the Structural the period for public comment regarding proposed change, if adopted, will Repair Manual; or its proposed rule for testing and relieve the bridge owner of the (3) In accordance with a method approved by the Manager, Atlanta Aircraft Certification evaluation by nationally recognized responsibility of having a bridgetender Office (ACO), FAA, Small Airplane testing laboratories and the use of constantly on duty during a time of year Directorate. equivalent testing and evaluation when there is no demonstrated need for (c) Within 30 days after returning the requirements. one, and will still provide for the airplane to service, subsequent to DATES: Written comments must be reasonable needs of navigation accomplishment of the inspection(s) received on or before February 21, 1995. throughout the year. specified in Lockheed Document Number DATES: Comments must be received on LG92ER0060, ‘‘L–1011–385 Series ADDRESSES: All comments should be Supplemental Inspection Document,’’ revised sent to Mine Safety and Health or before May 15, 1995. January 1994, submit a report of the results Administration, Office of Standards, ADDRESSES: Comments may be mailed to (positive or negative) of the inspection(s) to Regulations, and Variances, Room 631, Commander (ob), Fifth Coast Guard Lockheed in accordance with Section V., 4015 Wilson Boulevard, Arlington, District, c/o Commander (obr), First Data Reporting System (DRS), of the Virginia 22203. Coast Guard District, Bldg. 135A, Lockheed Document. Information collection SUPPLEMENTARY INFORMATION: On Governors Island, New York 10004– requirements contained in this regulation 5073. The comments will become part have been approved by the Office of November 30, 1994, MSHA published a Management and Budget (OMB) under the proposed rule (59 FR 61376) to establish of this docket and will be available for provisions of the Paperwork Reduction Act of new procedures and requirements for inspection and copying by appointment 1980 (44 U.S.C. 3501 et seq.) and have been testing and evaluation of certain at Bldg. 135A, Governors Island, New assigned OMB Control Number 2120–0056. products MSHA approves for use in York 10004–5073. Normal office hours (d) An alternative method of compliance or underground mines. The comment are between 7 a.m. and 3:30 p.m., adjustment of the compliance time that period was scheduled to end on Mondays through Fridays, except provides an acceptable level of safety may be February 13, 1995. Federal holidays. Comments may also used if approved by the Manager, Atlanta be hand-delivered to this address. ACO. Operators shall submit their requests In response to requests from the through an appropriate FAA Principal public, MSHA is extending the time for FOR FURTHER INFORMATION CONTACT: Maintenance Inspector, who may add commenting on this proposed rule to Gary Kassof, Bridge Administrator—NY, comments and then send it to the Manager, February 21, 1995. All interested Fifth Coast Guard District, (212) 668– Atlanta ACO. members of the mining community are 7170. 8210 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules SUPPLEMENTARY INFORMATION: seasonal restrictions into April and otherwise qualify as ‘‘small business Request for Comments increase the four hours advance notice concerns’’ under section 3 of the Small requirement to apply to all requests for Business Act (15 U.S.C. 632). Because it The Coast Guard encourages bridge openings during the winter expects the impact of this proposal to be interested persons to participate in this months. This change, if adopted, will minimal, the Coast Guard certifies rulemaking by submitting written views, provide the bridge owner relief from the under 5 U.S.C. 605(b) that this proposal, comments, data, or arguments. Persons burden of constantly having a person if adopted, will not have a significant submitting comments should include available to open the bridge, when there economic impact on a substantial their names and addresses, identify this is no sufficient justification to do so. number of small entities. rulemaking (CGD05–94–093) and the Burlington County has requested a specific section of this proposal to change to the present operating Collection of Information which each comment applies, and give regulations in 33 CFR 117.731a which This proposal contains no collection reasons for each comment. The Coast would allow the Lower Bank Bridge to of information requirements under the Guard requests that all comments and operate as follows: The draw of the Paperwork Reduction Act (44 U.S.C. attachments be submitted in an Lower Bank Bridge would need not 3501 et seq.). unbound format suitable for copying open unless at least four hours advance and electronic filing. If not practical, a notice is given during the following Federalism second copy of any bound material is periods, May 1 through November 30, The Coast Guard has analyzed this requested. Persons desiring from 11 p.m. to 7 a.m. and from proposal in accordance with the acknowledgement that their comments December 1 to April 30 at all times. At principles and criteria contained in have been received should enclose a all other times, the bridge would open Executive Order 12612, and has stamped, self-addressed postcard or on signal. This change to the regulations determined that this proposed envelope. is being proposed due to infrequent regulation does not have sufficient The Coast Guard will consider all requests for openings. The proposed federalism implications to warrant comments received during the comment change to the regulation will relieve the preparation of a Federalism Assessment. period. It may change this proposal in bridge owner of the burden of having view of the comments. personnel at the bridge at night and Environment The Coast Guard plans no public during the winter months. The The Coast Guard considered the hearing. Persons may request a public bridgetenders will be on call to open the environmental impact of this proposal hearing by writing to the Commander draw when the four hour advance notice and concluded that, under section (ob) at the address under ADDRESSES. is given to the bridge owner by calling 2.B.2.E.(32)(e) of Commandant The request should include reasons why the number that will be posted at the Instruction M16475.1B, this proposal is a hearing would be beneficial. If it bridge; therefore, the reasonable needs categorically excluded from further determines that the opportunity for oral of navigation will be met. environmental documentation. A presentations will aid this rulemaking, Categorical Exclusion Determination Regulatory Evaluation the Coast Guard will hold a public statement and checklist has been hearing at a time and place to be This proposal is not a significant prepared and placed in the rulemaking announced by a later notice in the regulatory action under section 3(f) of docket. Federal Register. Executive Order 12866, and does not require as assessment of potential costs List of Subjects in 33 CFR Part 117 Drafting Information and benefits under section 6(a)(3) of that Bridges. The drafters of this notice are Mr. J. order. It has been exempted from review Arca, Fifth Coast Guard District, Bridge by the Office of Management and Regulations Branch-NY, Project Officer, and LCDR Budget under that order. It is not In consideration of the foregoing, the C.A. Abel, Fifth Coast Guard District significant under the regulatory policies Coast Guard proposes to amend Part 117 Legal Office, Project Attorney. and procedures of the Department of of Title 33, Code of Federal Regulations, Transportation (DOT) (44 FR 11040; as follows: Background and Purpose February 26, 1979). The Coast Guard The Lower Bank highway bascule expects the economic impact of this PART 117ÐDRAWBRIDGE bridge over the Mullica River in Lower proposal to be so minimal that a full OPERATION REGULATIONS Bank, New Jersey was replaced in 1993. Regulatory Evaluation, under paragraph 1. The authority citation for part 117 It has a vertical clearance of 13 feet 10e of the regulatory policies and continues to read ad follows: above mean high water (MHW) in the procedures of DOT, is unnecessary. This closed position, which is 4 feet higher conclusion is based on the fact that the Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05–1(g). than the previous bridge in the closed regulation will not prevent mariners position. During the period from from transiting the bridge. Rather, it will 2. In section 117.731a paragraph (a) is December 1993 through April 1994, a only require mariners to plan their revised to read as follows: period of 151 days, requests for bridge transits and provide advance notice. openings occurred on only 34 days. The § 117.731a Mullica River. current operating regulations, which Small Entities * * * * * were implemented in January 1988, Under the Regulatory Flexibility Act (a) The draw of the Lower Bank require the Lower Bank bridge to open (5 U.S.C. 601 et seq.), the Coast Guard bridge, mile 15.0, need not open unless on signal, except that it is required to must consider whether this proposal, if at least four fours notice is given during open with four hours advance notice adopted, will have a significant the following periods: from April 1 through November 30 from economic impact on a substantial (1) From May 1 though November 30, 11 p.m. to 7 a.m., and from December number of small entities. ‘‘Small from 11 p.m. to 7 a.m. 1 through March 31, from 4:30 p.m. to entities’’ include independently owned (2) From December 1 through April 8 a.m. This proposed change to the and operated small businesses that are 30, at all times. regulations would extend the winter not dominant in their field and that * * * * * Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8211 Dated: January 20, 1995. determination is made available to such Accordingly, 39 CFR part 3001 is M.K. Cain, person * * *.’’ 39 U.S.C. 404(b)(5). proposed to be amended as follows: Captain, U.S. Coast Guard Commander, Fifth In adopting rules to implement the Coast Guard District, Acting. provisions of Pub. L. 94–421, the Postal PART 3001ÐRULES OF PRACTICE [FR Doc. 95–3545 Filed 2–10–95; 8:45 am] Rate Commission incorporated the 30- AND PROCEDURE BILLING CODE 4910±14±M day provision in section 404(b)(5) as follows: 1. The authority citation for 39 CFR Part 3001 continues to read as follows: Petition for review. Review of a POSTAL RATE COMMISSION determination of the Postal Service to close Authority: 39 U.S.C. 404(b), 3603, 3622– or consolidate a post office shall be obtained 3624, 3661, 3662, 84 Stat. 759–762, 764, 90 39 CFR Part 3001 by filing a petition for review with the Stat. 1303; (5 U.S.C. 553), 80 Stat. 383. Secretary of this Commission. Such petition [Docket No. RM95±3] must be received by the Commission within 2. Section 3001.111(a) would be 30 days after the Service has made available revised to read as follows: Appeals of Postal Service to persons served by that post office the Determinations to Close or written determination to close or consolidate § 3001.111 Initiation of review Consolidate Post Offices required by 39 U.S.C. 404(b)(3) through (4). proceedings. AGENCY: Postal Rate Commission. 39 CFR 3001.111(a). Thus, under the (a) Petition for review. (1) Review of ACTION: Notice of proposed rulemaking. Commission’s current rule, the a determination of the Postal Service to timeliness of affected postal patrons’ close or consolidate a post office shall SUMMARY: The Commission proposes to appeals depends upon the be obtained by filing a petition for amend its rules of practice governing Commission’s actual receipt of their the filing of postal patrons’ appeals of review with the Secretary of this petition within the 30-day statutory Commission. Such petition must either: determinations by the United States period. Postal Service to close or consolidate The Commission is concerned that the (i) Be received by the Commission the post office which serves them. The current rule may operate to the within 30 days after the Service has Commission’s current rule requires that detriment of postal patrons served by made available to persons served by that petitions to initiate such appeals be post offices that are geographically post office the written determination to received by the Commission within 30 remote from the Commission’s offices in close or consolidate required by 39 days of the date on which the Postal Washington, D.C. Because of U.S.C. 404(b) (3) through (4), or Service made its determination publicly uncertainties associated with postal available. The proposed rule would (ii) Bear a postmark or other indicia processing, transportation, and delivery, demonstrating that the petition was allow affected postal patrons to initiate a petition’s transit time from mailing by a timely appeal by filing a petition mailed no later than the 30th day the appellants to receipt at the following the date on which the Postal which either is received by the Commission’s offices cannot be known Commission within 30 days of the date Service made its written determination in advance, but may constitute a available. on which the Postal Service made its significant portion of the 30-day interval determination publicly available, or established in the current rule. An (2) The petition shall specify the bears a postmark or other indicia that it internal review of the Commission’s parties seeking review, all of whom was mailed no later than 30 days after records of section 404(b) appeals filed in must be persons served by the post that date. Fiscal Years 1993 and 1994 discloses office proposed to be closed or DATES: Comments responding to this that the interval between the mailing of consolidated and shall identify the notice of proposed rulemaking must be a petition and its receipt by the Postal Service as respondent. The submitted no later than March 30, 1995. Commission has frequently approached, Commission encourages parties seeking ADDRESSES: Comments and and has sometimes exceeded, one week. review to attach a copy of the Postal correspondence should be sent to In order to assure that members of the Service written determination, as the Margaret P. Crenshaw, Secretary of the public affected by Postal Service appeal process is thereby expedited. If Commission, 1333 H Street, N.W., Suite determinations to close or consolidate two or more persons are entitled to 300, Washington, D.C. 20268–0001 post offices are afforded the full 30 days petition for review of the same (telephone: 202/789–6840). to pursue an appeal provided by 39 determination and their interests are FOR FURTHER INFORMATION CONTACT: U.S.C. 404(b)(5), the Commission such as to make joinder practicable, Stephen L. Sharfman, Legal Advisor, proposes to amend its current rule to they may file a joint petition for review Postal Rate Commission, 1333 H Street, incorporate two alternative measures of and may thereafter proceed as a single N.W., Suite 300, Washington, D.C. the timeliness of petitions. Under the petitioner. 20268–0001 (telephone: 202/789–6820). proposed revision of 39 CFR * * * * * SUPPLEMENTARY INFORMATION: The Postal 3001.111(a), a petition would be Issued by the Commission on February 7, Reorganization Act Amendments of deemed timely if: (1) The Commission 1995. 1976, Pub. L. No. 94–421, 90 Stat. 1303, actually received it no later than 30 days provide postal patrons an opportunity to following publication of the Postal Margaret P. Crenshaw, appeal determinations by the United Service’s determination, or (2) the Secretary. States Postal Service to close or petition bears a postmark or other [FR Doc. 95–3457 Filed 2–10–95; 8:45 am] consolidate the post office which serves indicia demonstrating that it was mailed BILLING CODE 7710±FW±P them. In pertinent part, the statute no later than 30 days after publication provides: ‘‘A determination of the Postal by the Postal Service. Service to close or consolidate any post List of Subjects in 39 CFR Part 3001 office may be appealed by any person served by such office to the Postal Rate Administrative practices and Commission within 30 days after such procedure, Postal Service. 8212 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: has promulgated a list of national AGENCY Terry Keidan, Hazardous Site priorities among the known or Evaluation Division, Office of threatened releases of hazardous 40 CFR Part 300 Emergency and Remedial Response substances, pollutants, or contaminants [FRL±5154±6] (Mail Code 5204G), U.S. Environmental throughout the United States. That list, Protection Agency, 401 M Street, SW which is Appendix B of 40 CFR Part National Priorities List for Uncontrolled Washington, DC, 20460, or the 300, is the National Priorities List Hazardous Waste Sites, Proposed Rule Superfund Hotline, Phone (800) 424– (‘‘NPL’’). No. 18 9346 or (703) 412–9810 in the CERCLA section 105(a)(8)(B) defines Washington, DC, metropolitan area. the NPL as a list of ‘‘releases’’ and as a AGENCY: Environmental Protection list of the highest priority ‘‘facilities.’’ SUPPLEMENTARY INFORMATION: Agency. The discussion below may refer to the ACTION: Proposed rule. I. Introduction ‘‘releases or threatened releases’’ that II. Purpose and Implementation of the NPL are included on the NPL SUMMARY: The Comprehensive III. Contents of This Proposed Rule interchangeably as ‘‘releases,’’ Environmental Response, IV. Executive Order 12866 ‘‘facilities,’’ or ‘‘sites.’’ Compensation, and Liability Act of 1980 V. Regulatory Flexibility Act Analysis CERCLA section 105(a)(8)(B) also (‘‘CERCLA’’ or ‘‘the Act’’), as amended, I. Introduction requires that the NPL be revised at least requires that the National Oil and annually. A site may undergo remedial Hazardous Substances Pollution Background action financed by the Trust Fund Contingency Plan (‘‘NCP’’) include a list In 1980, Congress enacted the established under CERCLA (commonly of national priorities among the known Comprehensive Environmental referred to as the ‘‘Superfund’’) only releases or threatened releases of Response, Compensation, and Liability after it is placed on the NPL, as hazardous substances, pollutants, or Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or provided in the NCP at 40 CFR contaminants throughout the United ‘‘the Act’’) in response to the dangers of 300.425(b)(1). However, under 40 CFR States. The National Priorities List uncontrolled hazardous waste sites. 300.425(b)(2) placing a site on the NPL (‘‘NPL’’) constitutes this list. CERCLA was amended on October 17, ‘‘does not imply that monies will be The Environmental Protection Agency 1986, by the Superfund Amendments expended.’’ EPA may pursue other (‘‘EPA’’) proposes to add new sites to and Reauthorization Act (‘‘SARA’’), appropriate authorities to remedy the the NPL. This 18th proposed revision to Public Law No. 99–499, 100 stat. 1613 releases, including enforcement action the NPL includes 7 sites in the General et seq. To implement CERCLA, the under CERCLA and other laws. Superfund Section and 2 in the Federal Environmental Protection Agency Three mechanisms for determining Facilities Section. The NPL is intended (‘‘EPA’’ or ‘‘the Agency’’) promulgated priorities for possible remedial actions primarily to guide EPA in determining the revised National Oil and Hazardous are included in the NCP at 40 CFR which sites warrant further Substances Pollution Contingency Plan 300.425(c) (55 FR 8845, March 8, 1990). investigation to assess the nature and (‘‘NCP’’), 40 CFR Part 300, on July 16, Under 40 CFR 300.425(c)(1), a site may extent of public health and 1982 (47 FR 31180), pursuant to be included on the NPL if it scores environmental risks associated with the CERCLA section 105 and Executive sufficiently high on the Hazard Ranking site and to determine what CERCLA- Order 12316 (46 FR 42237, August 20, System (‘‘HRS’’), which is Appendix A financed remedial action(s), if any, may 1981). The NCP sets forth the guidelines of 40 CFR Part 300. On December 14, be appropriate. The NPL is not intended and procedures needed to respond 1990 (55 FR 51532), EPA promulgated to define the boundaries of a site or to under CERCLA to releases and revisions to the HRS partly in response determine the extent of contamination threatened releases of hazardous to CERCLA section 105(c), added by (see Section II, subsection, ‘‘Facility substances, pollutants, or contaminants. SARA. The revised HRS evaluates four Boundaries’’). This action does not EPA has revised the NCP on several pathways: ground water, surface water, affect the 1,241 sites currently listed on occasions. The most recent soil exposure, and air. The HRS serves the NPL (1,087 in the General comprehensive revision was on March as a screening device to evaluate the Superfund Section and 154 in the 8, 1990 (55 FR 8666). relative potential of uncontrolled Federal Facilities Section). However, it Section 105(a)(8)(A) of CERCLA hazardous substances, pollutants, and does increase the number of proposed requires that the NCP include ‘‘criteria contaminants to pose a threat to human sites to 55 (47 in the General Superfund for determining priorities among health or the environment. Those sites Section and 8 in the Federal Facilities releases or threatened releases that score 28.50 or greater on the HRS Section). Final and proposed sites now throughout the United States for the are eligible for the NPL. total 1,296. purpose of taking remedial action. . . Under a second mechanism for DATES: Comments must be submitted on and, to the extent practicable taking into adding sites to the NPL, each State may or before April 14, 1995. account the potential urgency of such designate a single site as its top priority, ADDRESSES: Mail original and three action, for the purpose of taking removal regardless of the HRS score. This copies of comments (no facsimiles or action.’’ ‘‘Removal’’ actions are defined mechanism, provided by the NCP at 40 tapes) to Docket Coordinator, broadly and include a wide range of CFR 300.425(c)(2), requires that, to the Headquarters; U.S. EPA; CERCLA actions taken to study, clean up, prevent extent practicable, the NPL include Docket Office; (Mail Code 5201G); 401 or otherwise address releases and within the 100 highest priorities, one M Street, SW; Washington, DC 20460; threatened releases. 42 USC 9601(23). facility designated by each State 703/603–8917. Please note this is the ‘‘Remedial’’ actions’’ are those representing the greatest danger to mailing address only. If you wish to ‘‘consistent with permanent remedy, public health, welfare, or the visit the HQ Docket to view documents, taken instead of or in addition to environment among known facilities in and for additional Docket addresses and removal actions * * *.’’ 42 USC the State. further details on their contents, see 9601(24). The third mechanism for listing, Section I of the ‘‘Supplementary Pursuant to section 105(a)(8)(B) of included in the NCP at 40 CFR Information’’ portion of this preamble. CERCLA, as amended by SARA, EPA 300.425(c)(3), allows certain sites to be Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8213 listed whether or not they score above site on the CCL has no legal Kathy Piselli, Region 4 U.S. EPA, 345 28.50, if all of the following conditions significance. Courtland Street, NE., Atlanta, GA are met: In addition to the 67 sites that have 30365, 404/347–4216 • The Agency for Toxic Substances been deleted from the NPL because they Cathy Freeman, Region 5, U.S. EPA, and Disease Registry (ATSDR) of the have been cleaned up (the Waste Records Center, Waste Management U.S. Public Health Service has issued a Research and Reclamation site was Division 7–J, Metcalfe Federal health advisory that recommends deleted based on deferral to another Building, 77 West Jackson Boulevard, dissociation of individuals from the program and is not considered cleaned Chicago, IL 60604, 312/886–6214 release. up), an additional 215 sites are also in Bart Canellas, Region 6, U.S. EPA, 1445 • EPA determines that the release the NPL CCL, all but two from the Ross Avenue, Mail Code 6H–MA, poses a significant threat to public General Superfund Section. Thus, as of Dallas, TX 75202–2733, 214/655–6740 health. January 25, 1995, the CCL consists of Steven Wyman, Region 7, U.S. EPA • EPA anticipates that it will be more 282 sites. Library, 726 Minnesota Avenue, cost-effective to use its remedial Cleanups at sites on the NPL do not Kansas City, KS 66101, 913/551–7241 authority than to use its removal reflect the total picture of Superfund Greg Oberley, Region 8, U.S. EPA, 999 authority to respond to the release. accomplishments. As of December 1994, 18th Street, Suite 500, Denver, CO EPA had conducted 649 removal actions EPA promulgated an original NPL of 80202–2466, 303/294–7598 at NPL sites, and 2,357 removal actions 406 sites on September 8, 1983 (48 FR Rachel Loftin, Region 9, U.S. EPA, 75 at non-NPL sites. Information on 40658). The NPL has been expanded Hawthorne Street, San Francisco, CA removals is available from the since then, most recently on December 94105, 415/744–2347 Superfund hotline. 16, 1994 (59 FR 65206). David Bennett, Region 10, U.S. EPA, Pursuant to the NCP at 40 CFR 11th Floor, 1200 6th Avenue, Mail The NPL includes two sections, one of 300.425(c), this document proposes to sites being evaluated and cleaned up by Stop HW–114, Seattle, WA 98101, add 9 sites to the NPL. The General 206/553–2103 EPA (the ‘‘General Superfund Section’’), Superfund Section currently includes and one of sites being addressed by 1,087 sites, and the Federal Facilities The Headquarters docket for this rule other Federal agencies (the ‘‘Federal Section includes 154 sites, for a total of contains HRS score sheets for each Facilities Section’’). Under Executive 1,241 sites on the NPL. An additional 55 proposed site; a Documentation Record Order 12580 and CERCLA section 120, sites are proposed, 47 in the General for each site describing the information each Federal agency is responsible for Superfund Section and 8 in the Federal used to compute the score; information carrying out most response actions at Facilities Section. Final and proposed for any site affected by particular facilities under its own jurisdiction, sites now total 1,296. statutory requirements or EPA listing custody, or control, although EPA is policies; and a list of documents responsible for preparing an HRS score Public Comment Period referenced in the Documentation and determining if the facility is placed The documents that form the basis for Record. Each Regional docket for this on the NPL. EPA is not the lead agency EPA’s evaluation and scoring of sites in rule contains all of the information in at these sites, and its role at such sites this rule are contained in dockets the Headquarters docket for sites in that is accordingly less extensive than at located both at EPA Headquarters and in Region, plus the actual reference other sites. The Federal Facilities the appropriate Regional offices. The documents containing the data Section includes those facilities at dockets are available for viewing, by principally relied upon and cited by which EPA is not the lead agency. appointment only, after the appearance EPA in calculating or evaluating the HRS scores for sites in that Region. Deletions/Cleanups of this rule. The hours of operation for the Headquarters docket are from 9:00 These reference documents are available EPA may delete sites from the NPL a.m. to 4:00 p.m., Monday through only in the Regional dockets. Interested where no further response is Friday excluding Federal holidays. parties may view documents, by appropriate under Superfund, as Please contact individual Regional appointment only, in the Headquarters explained in the NCP at 40 CFR dockets for hours. or the appropriate Regional docket or 300.425(e) (55 FR 8845, March 8, 1990). Docket Coordinator, Headquarters, U.S. copies may be requested from the To date, the Agency has deleted 68 sites EPA CERCLA Docket Office, (Mail Headquarters or appropriate Regional from the General Superfund Section of Code 5201G), Crystal Gateway #1, docket. An informal written request, the NPL, most recently Suffolk City 12th Floor, 1235 Jefferson Davis rather than a formal request under the Landfill, Suffolk, Virginia (60 FR 4568, Highway, Arlington, VA 22202, 703/ Freedom of Information Act, should be January 24, 1995). 603–8917. (Please note this is visiting the ordinary procedure for obtaining EPA also has developed an NPL address only. Mail comments to copies of any of these documents. construction completion list (‘‘CCL’’) to address listed in ADDRESSES section EPA considers all comments received simplify its system of categorizing sites above.) during the comment period. During the and to better communicate the Ellen Culhane, Region 1, U.S. EPA comment period, comments are placed successful completion of cleanup Waste Management Records Center, in the Headquarters docket and are activities (58 FR 12142, March 2, 1993). HES–CAN 6, J.F. Kennedy Federal available to the public on an ‘‘as Sites qualify for the CCL when: (1) any Building, Boston, MA 02203–2211, received’’ basis. A complete set of necessary physical construction is 617/573–5729 comments will be available for viewing complete, whether or not final cleanup Walter Schoepf, Region 2, U.S. EPA, 26 in the Regional docket approximately levels or other requirements have been Federal Plaza, New York, NY 10278 one week after the formal comment achieved; (2) EPA has determined that 212/264–0221 period closes. Comments received after the response action should be limited to Diane McCreary, Region 3, U.S. EPA the comment period closes will be measures that do not involve Library, 3rd Floor, 841 Chestnut available in the Headquarters docket construction (e.g., institutional Building, 9th & Chestnut Streets, and in the Regional docket on an ‘‘as controls); or (3) the site qualifies for Philadelphia, PA 19107, 215/597– received’’ basis. Comments that include deletion from the NPL. Inclusion of a 7904 complex or voluminous reports, or 8214 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules materials prepared for purposes other which sites warrant further and seek to recover response costs after than HRS scoring, should point out the investigation to assess the nature and cleanup, or do both. To the extent specific information that EPA should extent of the public health and feasible, once sites are on the NPL, EPA consider and how it affects individual environmental risks associated with the will determine high-priority candidates HRS factor values. See Northside site and to determine what CERCLA for CERCLA-financed response action Sanitary Landfill v. Thomas, 849 F.2d remedial action(s), if any, may be and/or enforcement action through both 1516 (D.C. Cir. 1988). EPA will make appropriate. The NPL also serves to State and Federal initiatives. EPA will final listing decisions after considering notify the public of sites that EPA take into account which approach is the relevant comments received during believes warrant further investigation. more likely to accomplish cleanup of the comment period. Finally, listing a site serves as notice to the site most expeditiously while using In past rules, EPA has attempted to potentially responsible parties that the CERCLA’s limited resources as respond to late comments, or when that Agency may initiate CERCLA-financed efficiently as possible. was not practicable, to read all late remedial action. Although the ranking of sites by HRS scores is considered, it does not, by comments and address those that Implementation brought to the Agency’s attention a itself, determine the sequence in which fundamental error in the scoring of a After initial discovery of a site at EPA funds remedial response actions, site. (See, most recently, 57 FR 4824 which a release or threatened release since the information collected to (February 7, 1992)). Although EPA may exist, EPA begins a series of develop HRS scores is not sufficient to intends to pursue the same policy with increasingly complex evaluations. The determine either the extent of sites in this rule, EPA can guarantee that first step, the Preliminary Assessment contamination or the appropriate it will consider only those comments (‘‘PA’’), is a low-cost review of existing response for a particular site (40 CFR postmarked by the close of the formal information to determine if the site 300.425(b)(2), 55 FR 8845, March 8, comment period. EPA has a policy of poses a threat to public health or the 1990). Additionally, resource not delaying a final listing decision environment. If the site presents a constraints may preclude EPA from solely to accommodate consideration of serious imminent threat, EPA may take evaluating all HRS pathways; only those late comments. immediate removal action. If the PA that present significant risk or are In certain instances, interested parties shows that the site presents a threat but sufficient to make a site eligible for the have written to EPA concerning sites not an imminent threat, EPA will NPL may be evaluated. Moreover, the which were not at that time proposed to generally perform a more extensive sites with the highest scores do not the NPL. If those sites are later proposed study called the Site Inspection (‘‘SI’’). necessarily come to the Agency’s to the NPL, parties should review their The SI involves collecting additional attention first, so that addressing sites earlier concerns and, if still appropriate, information to better understand the strictly on the basis of ranking would in resubmit those concerns for extent of the problem at the site, screen some cases require stopping work at consideration during the formal out sites that will not qualify for the sites where it was already underway. comment period. Site-specific NPL, and obtain data necessary to More detailed studies of a site are correspondence received prior to the calculate an HRS score for sites which undertaken in the Remedial period of formal proposal and comment warrant placement on the NPL and Investigation/Feasibility Study (‘‘RI/ will not generally be included in the further study. EPA may perform FS’’) that typically follows listing. The docket. removal actions at any time during the purpose of the RI/FS is to assess site process. As of December 1994, EPA had conditions and evaluate alternatives to II. Purpose and Implementation of the completed 36,831 PAs and 17,790 SIs. the extent necessary to select a remedy NPL The NCP at 40 CFR 300.425(b)(1) (55 (40 CFR 300.430(a)(2) (55 FR 8846, FR 8845, March 8, 1990) limits Purpose March 8, 1990)). It takes into account expenditure of the Trust Fund for the amount of hazardous substances, The legislative history of CERCLA remedial actions to sites on the NPL. pollutants or contaminants released into (Report of the Committee on However, EPA may take enforcement the environment, the risk to affected Environment and Public Works, Senate actions under CERCLA or other populations and environment, the cost Report No. 96–848, 96th Cong., 2d Sess. applicable statutes against responsible to remediate contamination at the site, 60 (1980)) states the primary purpose of parties regardless of whether the site is and the response actions that have been the NPL: on the NPL, although, as a practical taken by potentially responsible parties The priority lists serve primarily matter, the focus of EPA’s CERCLA or others. Decisions on the type and informational purposes, identifying for the enforcement actions has been and will extent of response action to be taken at States and the public those facilities and sites continue to be on NPL sites. Similarly, these sites are made in accordance with or other releases which appear to warrant in the case of CERCLA removal actions, 40 CFR 300.415 (55 FR 8842, March 8, remedial actions. Inclusion of a facility or EPA has the authority to act at any site, 1990) and 40 CFR 300.430 (55 FR 8846, site on the list does not in itself reflect a whether listed or not, that meets the March 8, 1990). After conducting these judgment of the activities of its owner or criteria of the NCP at 40 CFR operator, it does not require those persons to additional studies, EPA may conclude undertake any action, nor does it assign 300.415(b)(2) (55 FR 8842, March 8, that initiating a CERCLA remedial liability to any person. Subsequent 1990). EPA’s policy is to pursue cleanup action using the Trust Fund at some government action in the form of remedial of NPL sites using all the appropriate sites on the NPL is not appropriate actions or enforcement actions will be response and/or enforcement actions because of more pressing needs at other necessary in order to do so, and these actions available to the Agency, including sites, or because a private party cleanup will be attended by all appropriate authorities other than CERCLA. The is already underway pursuant to an procedural safeguards. Agency will decide on a site-by-site enforcement action. Given the limited The purpose of the NPL, therefore, is basis whether to take enforcement or resources available in the Trust Fund, primarily to serve as an informational other action under CERCLA or other the Agency must carefully balance the and management tool. The authorities prior to undertaking relative needs for response at the identification of a site for the NPL is response action, proceed directly with numerous sites it has studied. It is also intended to guide EPA in determining Trust Fund-financed response actions possible that EPA will conclude after Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8215 further analysis that the site does not impossible to discover the full extent of See also City of Stoughton, Wisc. v. warrant remedial action. where the contamination ‘‘has come to U.S. EPA, 858 F. 2d 747, 751 (D.C. Cir. be located’’ before all necessary studies 1988): RI/FS at Proposed Sites and remedial work are completed at a Certainly EPA could have permitted An RI/FS may be performed at sites site. Indeed, the boundaries of the further comment or conducted further testing proposed in the Federal Register for contamination can be expected to [on proposed NPL sites]. Either course would placement on the NPL (or even sites that change over time. Thus, in most cases, have consumed further assets of the Agency have not been proposed for placement it will be impossible to describe the and would have delayed a determination of on the NPL) pursuant to the Agency’s boundaries of a release with certainty. the risk priority associated with the site. Yet removal authority under CERCLA, as ** * ‘‘the NPL is simply a rough list of outlined in the NCP at 40 CFR 300.415. For these reasons, the NPL need not priorities, assembled quickly and Although an RI/FS generally is be amended if further research into the inexpensively to comply with Congress’ conducted at a site after it has been extent of the contamination expands the mandate for the Agency to take action placed on the NPL, in a number of apparent boundaries of the release. straightaway.’’ Eagle-Picher [Industries v. Further, the NPL is only of limited EPA] II, 759 F. 2d [921] at 932 [(D.C. Cir. circumstances the Agency elects to 1985)]. conduct an RI/FS at a site proposed for significance, as it does not assign placement on the NPL in preparation for liability to any party or to the owner of It is the Agency’s policy that, in the a possible Trust Fund financed remedial any specific property. See Report of the exercise of its enforcement discretion, action, such as when the Agency Senate Committee on Environment and EPA will not take enforcement actions believes that a delay may create Public Works, Senate Rep. No. 96–848, against an owner of residential property unnecessary risks to public health or the 96th Cong., 2d Sess. 60 (1980), quoted to require such owner to undertake environment. In addition, the Agency above and at 48 FR 40659 (September 8, response actions or pay response costs, may conduct an RI/FS to assist in 1983). If a party contests liability for unless the residential homeowner’s determining whether to conduct a releases on discrete parcels of property, activities lead to a release or threat of removal or enforcement action at a site. it may do so if and when the Agency release of hazardous substances, brings an action against that party to resulting in the taking of a response Facility (Site) Boundaries recover costs or to compel a response action at the site (OSWER Directive The NPL does not describe releases in action at that property. #9834.6, July 3, 1991). This policy precise geographical terms; it would be At the same time, however, the RI/FS includes residential property owners neither feasible nor consistent with the or the Record of Decision (which whose property is located above a limited purpose of the NPL (as the mere defines the remedy selected, 40 CFR ground water plume that is proposed to identification of releases), for it to do so. 300.430(f)) may offer a useful indication or on the NPL, where the residential CERCLA section 105(a)(8)(B) directs to the public of the areas of property owner did not contribute to the EPA to list national priorities among the contamination at which the Agency is contamination of the site. EPA may, known ‘‘releases or threatened considering taking a response action, however, require access to that property releases.’’ Thus, the purpose of the NPL based on information known at that during the course of implementing a is merely to identify releases that are time. For example, EPA may evaluate clean up. priorities for further evaluation. (and list) a release over a 400-acre area, III. Contents of This Proposed Rule Although a CERCLA ‘‘facility’’ is but the Record of Decision may select a broadly defined to include any area remedy over 100 acres only. This Table 1 identifies the 7 sites in the where a hazardous substance release has information may be useful to a General Superfund Section and Table 2 ‘‘come to be located’’ (CERCLA section landowner seeking to sell the other 300 identifies the 2 sites in the Federal 101(9)), the listing process itself is not acres, but it would result in no formal Facilities Section being proposed to the intended to define or reflect the change in the fact that a release is NPL in this rule. Both tables follow this boundaries of such facilities or releases. included on the NPL. The landowner preamble. All sites are proposed based Of course, HRS data upon which the (and the public) also should note in on HRS scores of 28.50 or above. The NPL placement was based will, to some such a case that if further study (or the sites in Table 1 and Table 2 are listed extent, describe which release is at remedial construction itself) reveals that alphabetically by State, for ease of issue. That is, the NPL site would the contamination is located on or has identification, with group number include all releases evaluated as part of spread to other areas, the Agency may identified to provide an indication of that HRS analysis (including address those areas as well. relative ranking. To determine group noncontiguous releases evaluated under number, sites on the NPL are placed in the NPL aggregation policy, described at This view of the NPL as an initial groups of 50; for example, a site in 48 FR 40663 (September 8, 1983)). identification of a release that is not Group 4 of this proposal has a score that EPA regulations provide that the subject to constant re-evaluation is falls within the range of scores covered ‘‘nature and extent of the threat consistent with the Agency’s policy of by the fourth group of 50 sites on the presented by a release’’ will be not rescoring NPL sites: NPL. determined by an RI/FS as more EPA recognizes that the NPL process Statutory Requirements information is developed on site cannot be perfect, and it is possible that contamination (40 CFR 300.68(d)). errors exist or that new data will alter CERCLA section 105(a)(8)(B) directs During the RI/FS process, the release previous assumptions. Once the initial EPA to list priority sites ‘‘among’’ the may be found to be larger or smaller scoring effort is complete, however, the focus known releases or threatened releases of than was originally thought, as more is of EPA activity must be on investigating sites hazardous substances, pollutants, or learned about the source and the in detail and determining the appropriate contaminants, and section 105(a)(8)(A) migration of the contamination. response. New data or errors can be directs EPA to consider certain However, this inquiry focuses on an considered in that process * * * [T]he NPL enumerated and ‘‘other appropriate’’ evaluation of the threat posed; the serves as a guide to EPA and does not factors in doing so. Thus, as a matter of boundaries of the release need not be determine liability or the need for response. policy, EPA has the discretion not to use defined. Moreover, it generally is (49 FR 37081 (September 21, 1984). CERCLA to respond to certain types of 8216 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules releases. Where other authorities exist, The major events that typically follow Cost category Average total placing sites on the NPL for possible the proposed listing of a site on the NPL cost per site1 remedial action under CERCLA may not are a search for potentially responsible be appropriate. Therefore, EPA has parties and a remedial investigation/ RI/FS ...... 1,350,000 Remedial Design ...... 1,260,000 chosen not to place certain types of sites feasibility study (RI/FS) to determine if 3 on the NPL even though CERCLA does Remedial Action ...... 22,500,000 remedial actions will be undertaken at Present Discounted Value not exclude such action. If, however, the a site. Design and construction of the O&M 2 ...... 5,630,000 Agency later determines that sites not selected remedial alternative follow listed as a matter of policy are not being completion of the RI/FS, and operation 1 1994 U.S. Dollars. properly responded to, the Agency may 2 Assumes cost of O&M over 30 years, and maintenance (O&M) activities may $400,000 for the first year and 5.8% discount place them on the NPL. continue after construction has been rate. The listing policies and statutory completed. 3 Includes State cost-share. requirements of relevance to this Source: Office of Program Management, proposed rule cover Federal facility EPA initially bears costs associated Office of Emergency and Remedial Response, sites. This policy and requirements are with responsible party searches. U.S. EPA, Washington, DC. Responsible parties may bear some or explained below and have been Costs to the States associated with all the costs of the RI/FS, remedial explained in greater detail previously today’s proposed rule are incurred when design and construction, and O&M, or (56 FR 5598, February 11, 1991). the sites are finalized and arise from the EPA and the States may share costs. Releases From Federal Facility Sites required State cost-share of: (1) 10% of The State cost share for site cleanup remedial actions and 10% of first-year On March 13, 1989 (54 FR 10520), the activities is controlled by Section 104(c) O&M costs at privately-owned sites and Agency announced a policy for placing of CERCLA and the NCP. For privately- sites that are publicly-owned but not Federal facility sites on the NPL if they operated sites, as well as at publicly- publicly-operated; (2) at least 50% of meet the eligibility criteria (e.g., an HRS owned but not publicly-operated sites, the remedial planning (RI/FS and score of 28.50 or greater), even if the EPA will pay for 100% of the costs of remedial design), remedial action, and Federal facility also is subject to the the RI/FS and remedial planning, and first-year O&M costs at publicly- corrective action authorities of RCRA 90% of the costs associated with operated sites; and (3) States will Subtitle C. In that way, those sites could remedial action. The State will be assume the cost for O&M after EPA’s be cleaned up under CERCLA, if responsible for 10% of the remedial period of participation. Using the appropriate. action. For publicly-operated sites, the budget projections presented above, the This rule proposes to add three sites State cost share is at least 50% of all cost to the States of undertaking Federal to the Federal Facilities Section of the response costs at the site, including the remedial planning and actions, but NPL. RI/FS and remedial design and excluding O&M costs, would be Economic Impacts construction of the remedial action approximately $26 million. State O&M The costs of cleanup actions that may selected. After the remedy is built, costs costs cannot be accurately determined be taken at any site are not directly fall into two categories: because EPA, as noted above, will pay attributable to placement on the NPL. —For restoration of ground water and O&M costs for up to 10 years for EPA has conducted a preliminary surface water, EPA will share in restoration of ground water and surface analysis of economic implications of startup costs according to the criteria water, and it is not known if the site will today’s proposal to the NPL. EPA in the previous paragraph for 10 years require this treatment and for how long. believes that the kinds of economic or until a sufficient level of Assuming EPA involvement for 10 years effects associated with this proposal protectiveness is achieved before the is needed, State O&M costs would be generally are similar to those effects end of 10 years. approximately $35 million. Placing a site on the proposed or final identified in the regulatory impact —For other cleanups, EPA will share for NPL does not itself cause firms analysis (RIA) prepared in 1982 for the up to 1 year the cost of that portion responsible for the site to bear costs. revisions to the NCP pursuant to section of response needed to assure that a Nonetheless, a listing may induce firms 105 of CERCLA and the economic remedy is operational and functional. to clean up the sites voluntarily, or it analysis prepared when amendments to After that, the State assumes full may act as a potential trigger for the NCP were proposed (50 FR 5882, responsibilities for O&M. February 12, 1985). The Agency believes subsequent enforcement or cost- the anticipated economic effects related In previous NPL rulemakings, the recovery actions. Such actions may to proposing and adding sites to the Agency estimated the costs associated impose costs on firms, but the decisions NPL can be characterized in terms of the with these activities (RI/FS, remedial to take such actions are discretionary conclusions of the earlier RIA and the design, remedial action, and O&M) on and made on a case-by-case basis. most recent economic analysis. an average per site and total cost basis. Consequently, precise estimates of these Inclusion of a site on the NPL does EPA will continue with this approach, effects cannot be made. EPA does not not itself impose any costs. It does not using the most recent cost estimates believe that every site will be cleaned establish that EPA necessarily will available; the estimates are presented up by a responsible party. EPA cannot undertake remedial action, nor does it below. However, there is wide variation project at this time which firms or require any action by a private party or in costs for individual sites, depending industry sectors will bear specific determine its liability for site response on the amount, type, and extent of portions of the response costs, but the costs. Costs that arise out of site contamination. Additionally, EPA is Agency considers: the volume and responses result from site-by-site unable to predict what portions of the nature of the waste at the sites; the decisions about what actions to take, not total costs responsible parties will bear, strength of the evidence linking the directly from the act of listing itself. since the distribution of costs depends wastes at the site to the parties; the Nonetheless, it is useful to consider the on the extent of voluntary and parties’ ability to pay; and other factors costs associated with responding to the negotiated response and the success of when deciding whether and how to sites included in this rulemaking. any cost-recovery actions. proceed against the parties. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8217 Economy-wide effects of an IV. Executive Order 12866 affected businesses or estimate the amendment to the NPL are aggregations The Office of Management and Budget number of small businesses that might of efforts on firms and State and local (OMB) has exempted this regulatory also be affected. governments. Although effects could be action from Executive Order 12866 The Agency does expect that placing felt by some individual firms and States, review. the sites in this proposed rule on the the total impact of this amendment on NPL could significantly affect certain V. Regulatory Flexibility Act Analysis output, prices, and employment is industries, or firms within industries, expected to be negligible at the national The Regulatory Flexibility Act of 1980 that have caused a proportionately high level, as was the case in the 1982 RIA. requires EPA to review the impacts of percentage of waste site problems. this action on small entities, or certify However, EPA does not expect the Benefits that the action will not have a listing of these sites to have a significant significant impact on a substantial The real benefits associated with economic impact on a substantial number of small entities. By small number of small businesses. today’s amendment are increased health entities, the Act refers to small and environmental protection as a result businesses, small government In any case, economic impacts would of increased public awareness of jurisdictions, and nonprofit occur only through enforcement and potential hazards. In addition to the organizations. cost-recovery actions, which EPA takes potential for more Federally-financed While this rule proposes to revise the at its discretion on a site-by-site basis. remedial actions, expansion of the NPL NPL, an NPL revision is not a typical EPA considers many factors when could accelerate privately-financed, regulatory change since it does not determining enforcement actions, voluntary cleanup efforts. Listing sites automatically impose costs. As stated including not only a firm’s contribution as national priority targets also may give above, adding sites to the NPL does not to the problem, but also its ability to States increased support for funding in itself require any action by any party, pay. The impacts (from cost recovery) on small governments and nonprofit responses at particular sites. nor does it determine the liability of any party for the cost of cleanup at the site. organizations would be determined on a As a result of the additional CERCLA Further, no identifiable groups are similar case-by-case basis. remedies, there will be lower human affected as a whole. As a consequence, For the foregoing reasons, I hereby exposure to high-risk chemicals, and impacts on any group are hard to certify that this proposed rule would not higher-quality surface water, ground predict. A site’s inclusion on the NPL have a significant economic impact on water, soil, and air. These benefits are could increase the likelihood of adverse a substantial number of small entities. expected to be significant, although impacts on responsible parties (in the Therefore, this proposed regulation does difficult to estimate in advance of form of cleanup costs), but at this time not require a regulatory flexibility completing the RI/FS at these sites. EPA cannot identify the potentially analysis. NATIONAL PRIORITIES LIST PROPOSED RULE #18 GENERAL SUPERFUND SECTION State Site name City/county NPL Gr 1 FL Normandy Park Apartments ...... Temple Terrace ...... 6 KS Ace Services ...... Colby ...... 5/6 LA Gulf State Utilities-North Ryan Street ...... Lake Charles ...... 5 LA Old Citgo Refinery ...... Bossier City ...... 5/6 LA Southern Shipbuilding ...... Slidell ...... 5/6 ME West Site/Hows Corners ...... Plymouth ...... 5/6 MI Bay City Middlegrounds ...... Bay City ...... 5/6 1 Sites are placed in groups (Gr) corresponding to groups of 50 on the final NPL. Note: Number of Sites Proposed to General Superfund Section: 7. NATIONAL PRIORITIES LIST PROPOSED RULE #18 FEDERAL FACILITIES SECTION State Site name City/county NPL Gr 1 KS Sunflower Army Ammunition Plant ...... DeSoto ...... 5/6 MD Indian Head Naval Surface Warfare Center ...... Indian Head ...... 5/6 1 Sites are placed in groups (Gr) corresponding to groups of 50 on the final NPL. Note: Number of Sites Proposed to Federal Facilities Section: 2. List of Subjects in 40 CFR Part 300 1971–1975 Comp., p. 793; E.O. 12580, 3 CFR, FEDERAL COMMUNICATIONS 1987 Comp., p. 193. COMMISSION Air pollution control, Chemicals, Dated: February 8, 1995. Hazardous materials, Intergovernmental Elliott P. Laws, 47 CFR Part 64 relations, Natural resources, Oil pollution, Reporting and recordkeeping Assistant Administrator, Office of Solid Waste and Emergency Response. [CC Docket No. 94±158; FCC 94±352] requirements, Superfund, Waste [FR Doc. 95–3601 Filed 2–10–95; 8:45 am] treatment and disposal, Water pollution Operator Services Providers control, Water supply. BILLING CODE 6560±50±P Authority: 42 U.S.C. 9605; 42 U.S.C. 9620; AGENCY: Federal Communications 33 U.S.C. 1321(c)(2); E.O. 11735, 3 CFR, Commission. 8218 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules ACTION: Proposed rule and notice of the call aggregators with whom they emergency service of the reported inquiry. contract to provide operator services location of the emergency, if known, pursuant to the Telephone Operator and, if not known, of the originating SUMMARY: The Commission adopted this Consumer Services Improvement Act of location of the call.’’ The TAA amended Notice of Proposed Rule Making and 1990 (TOCSIA). TOCSIA established Section 226(d)(4)(A) of the Act and Notice of Inquiry to solicit comment on rules concerning consumer information, directed the Commission to establish proposed changes to its rules and call blocking, restrictions on certain minimum standards for aggregators, as policies governing operator service charges, and equipment capabilities. well as OSPs, to use in routing and providers (OSPs) and call aggregators. Further, the Commission established handling emergency telephone calls. In The proposed rule changes are intended minimum standards for OSPs to use in light of this amendment, the to clarify existing OSP requirements, routing and handling emergency Commission proposes to modify its and the notice of inquiry examines the telephone calls. Subsequently, with the rules to require that aggregators be need for additional protection measures. Telecommunications Authorization Act subject to the same requirements for DATES: Comments must be submitted on of 1992 (TAA), Congress amended routing and handling emergency calls or before March 9, 1995 and reply Section 226 (d)(4)(A) to require the that apply to OSPs. The Commission comments must be submitted on or Commission to establish minimum solicits comment on this proposed rule before March 24, 1995. standards for aggregators, as well as change and whether the TAA or sound ADDRESSES: Federal Communications OSPs, to use in routing and handling public policy support the adoption of Commission, 1919 M Street, NW, emergency calls. additional requirements in order to Washington, D. C. 20554. 3. Section 226(b)(1)(A) of the ensure the prompt and proper handling Communications Act of 1934, as FOR FURTHER INFORMATION CONTACT: of emergency calls from aggregator amended (Act), and Section 64.703(a)(1) Carolyn Tatum Roddy, Enforcement locations. of the Commission’s rules (rules) require 5. In the Report and Order in CC Division, Common Carrier Bureau, (202) an OSP to identify itself, audibly and Docket No. 90–313, the Commission 418–0960. distinctly, to the consumer at the examined the question of whether SUPPLEMENTARY INFORMATION: This is a beginning of each telephone call and correctional institutions providing synopsis of the Commission’s Notice of before the consumer incurs any charge inmate-only telephones should be Proposed Rule Making and Notice of for the call. This identification is known excluded from the definition of Inquiry in CC Docket No. 94–158 [FCC as ‘‘call branding.’’ Section 226(a)(4) of ‘‘aggregator’’ and, therefore, exempt 94–352], adopted December 28, 1994 the Act and Section 64.708(d) of the from the requirements of TOSCIA and and released February 8, 1995. The full Commission’s rules define a the Commission’s implementing text of the Notice of Proposed Rule ‘‘consumer’’ as ‘‘a person initiating any regulations. The Commission concluded Making and Notice of Inquiry is interstate telephone call using operator that providing such telephones to available for inspection and copying services.’’ The Commission notes that inmates presents an ‘‘exceptional set of during normal business hours in the collect calls involve two parties making circumstances’’ that warrant their Dockets Reference Room, Room 239, choices and tentatively concludes that exclusion from the definition of 1919 M Street, NW, Washington, D.C. both the calling party, who places the ‘‘aggregators’’ and ruled that inmate- The full text of this Notice of Proposed call, and the called party, who must only telephones would not be subject to Rule Making and Notice of Inquiry may accept the charges in order for the the requirements specified by TOCSIA also be purchased from the message portion of the call to begin, or the implementing rules. In light of Commission’s duplicating contractor, cooperatively initiate the call as numerous informal complaints, the International Transcription Services, ‘‘consumers’’ and should each receive a Commission hereby initiates a Notice of 2100 M Street, NW, Suite 140, ‘‘brand’’ before they commence their Inquiry concerning what changes, if Washington, D.C. 20037, (202) 857– portions of the collect call transaction. any, should be made to the rules 3800. Thus, the Commission proposes to applicable to inmate-only telephones in Summary of Notice of Proposed Rule amend Section 64.708(d) of the correctional institutions. The Making and Notice of Inquiry Commission’s rules to redefine Commission specifically seeks comment ‘‘consumer’’ to that effect and invites on the needs of the inmate users, the 1. On December 28, 1994, the interested parties to comment on this resources and needs of correctional Commission adopted a Notice of proposed rule change. The Commission institutions in providing inmate Proposed Rule Making and Notice of specifically solicits data concerning telephone service, and whether the Inquiry in CC Docket No. 94–158, FCC both the cost of compliance with this goals of Section 226 of the Act and the 94–352, proposing changes to rules proposed rule change and the ratio of public interest have been met through governing the operator service providers collect calls to all operator-assisted the current treatment of inmate-only (OSPs) and call aggregators and calls. telephones in correctional institutions. soliciting comments concerning the 4. Section 226(d)(4)(A) of the Act 6. The Commission also seeks need to reexamine certain issues directed the Commission to prescribe comment on whether to require a time relating to OSPs in correctional regulations establishing minimum limit for updating consumer information institutions and the need to establish a standards for OSPs to use in routing and that is posted on aggregator telephones. time limit for updating consumer handling emergency telephone calls. In Section 226(c)(1)(A) of the information posted on or near aggregator the Report and Order, CC Docket No. Communications Act and Section telephones. The proposed rule changes 90–313, 56 F R 18519 (April 23, 1991), 64.703(b) of the Commission’s rules are intended to clarify existing OSP the Commission adopted Section 64.706 require that each aggregator post on or requirements, and the notice of inquiry of the rules to implement this near the telephone instrument in plain examines the need for additional requirement. This rule currently view of consumers: (1) the name, consumer protection measures. requires that ‘‘[u]pon receipt of any address, and toll-free telephone number 2. The Commission adopted emergency telephone call, a provider of of the provider of operator services; (2) comprehensive regulations governing operator services shall immediately a written disclosure that the rates for all the practices and services of OSPs and connect the call to the appropriate operator-assisted calls are available on Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Proposed Rules 8219 request, and that consumers have a right Ordering Clauses PART 64ÐMISCELLANEOUS RULES to obtain access to the interstate 9. Accordingly, pursuant to Sections RELATING TO COMMON CARRIERS common carrier of their choice and may 1, 4(i), 4(j). 201–205, 218, 226, and contact their preferred interstate 303(r) of the Communications Act, 47 1. The authority citation for Part 64 common carriers for information on U.S.C. §§ 151, 154(i), 154(j), 201–205, continues to read as follows: accessing that carrier’s service using 218, 226, 303(r), a Notice of Proposed Authority: Sec. 4, 48 Stat. 1066, as that telephone; and (3) the name and Rule Making and Notice of Inquiry is amended, 47 U.S.C. 154, unless otherwise address of the Enforcement Division of issued, proposing amendment of 47 CFR noted. Interpret or apply secs. 201–4, 218, the Common Carrier Bureau of the §§ 64.706 and 64.708(d) as set forth 225, 226, 227, 48 Stat. 1070, as amended, Commission, to which the consumer below. 1077; 47 U.S.C. §§ 201, 218, 225, 226, 227, may direct complaints regarding 10. Pursuant to Sections 1.415 and unless otherwise noted. operator services. Neither the statute nor 1.419 of the Commission’s rules, 47 CFR 2. The heading of Subpart G is revised the Commission’s rules specifies when §§ 1.415, 1.419, all interested parties to read as follows: this notice must be changed to reflect a may file comments on the matters change in the presubscribed carrier at discussed in this Notice and on the Subpart G—Furnishing of Enhanced the telephone location. In response to proposed rules contained below by Services and Customer-Premises reports that some aggregators are not March 9, 1995. Reply comments are due Equipment by Communications promptly updating this consumer by March 24, 1995. All relevant and Common Carriers; Telephone Operator information to reflect a change in the timely comments will be considered by Services; Pay-Per-Call Services presubscribed OSP, the Commission the Commission before final action is 3. Section 64.706 is revised to read as seeks comment on the extent of this taken in this proceeding. To file follows: problem, and whether a specific time formally in this proceeding, participants limit for updating the consumer must file an original and four copies of § 64.706 Minimum standards for the routing and handling of emergency information is necessary or desirable. all comments, reply comments, and supporting comments. If participants telephone calls. 7. The Commission asserts that this is wish each Commissioner to have a Upon receipt of any emergency a non-restricted notice and comment personal copy of their comments, an rule making proceeding. Ex parte telephone call, providers of operator original plus nine copies must be filed. services and aggregators shall ensure presentations are permitted, except Comments and reply comments should during the Sunshine Agenda period, immediate connection of the call to the be sent to the Office of the Secretary, appropriate emergency service of the provided they are disclosed as provided Federal Communications Commission, reported location of the emergency, if in Commission rules. See generally 47 Washington, D.C. 20554. Comments and known, and, if not known, of the CFR §§ 1.1202, 1.1203, and 1.1206(a). reply comments will be available for originating location of the call. 8. The Commission certifies that the public inspection during regular 4. Section 64.708 is amended by Regulatory Flexibility Act of 1980 does business hours in the Dockets Reference revising paragraph (d) to read as not apply to this rule making Room (Room 230) of the Federal follows: proceeding because if the proposed rule Communications Commission, 1919 M amendments are promulgated, there will Street, NW, Washington, D.C. 20554. § 64.708 Definitions. not be a significant economic impact on List of Subjects in 47 CFR Part 64 * * * * * a substantial number of small business Communications Common Carrier, (d) Consumer means a person entities, as defined by Section 601(3) of Telephone. the Regulatory Flexibility Act. The initiating any interstate telephone call Commission has also directed the Federal Communications Commission. using operator services. In collect Secretary to send a copy of the Notice William F. Caton, calling arrangements, both the party on of Proposed Rule Making and Notice of Secretary. the originating end of the call and the Inquiry, including the certification, to party on the terminating end of the call the Chief Counsel for Advocacy of the Proposed Rules are consumers under this definition; Small Business Administration in Part 64 of Title 47 of the Code of * * * * * accordance with paragraph 603(a) of the Federal Regulations is proposed to be [FR Doc. 95–3493 Filed 2–10–95; 8:45 am] Regulatory Flexibility Act. amended as follows: BILLING CODE 6712±01±F 8220 Notices Federal Register Vol. 60, No. 29 Monday, February 13, 1995 This section of the FEDERAL REGISTER establishes that the grant of the license requirements of 35 U.S.C. 209 and 37 contains documents other than rules or would not be consistent with the CFR 404.7. proposed rules that are applicable to the requirements of 35 U.S.C. 209 and 37 R.M. Parry, Jr., public. Notices of hearings and investigations, CFR 404.7. committee meetings, agency decisions and Assistant Administrator. rulings, delegations of authority, filing of R.M. Parry, Jr., [FR Doc. 95–3471 Filed 2–10–95; 8:45 am] Assistant Administrator. petitions and applications and agency BILLING CODE 3410±03±M statements of organization and functions are [FR Doc. 95–3470 Filed 2–10–95; 8:45 am] examples of documents appearing in this BILLING CODE 3410±03±M section. Notice of Intent To Grant Exclusive License Notice of Intent To Grant Exclusive DEPARTMENT OF AGRICULTURE License AGENCY: Agricultural Research Service, USDA. Agricultural Research Service AGENCY: Agricultural Research Service, ACTION: Notice of intent. USDA. Notice of Intent To Grant Exclusive SUMMARY: Notice is hereby given that ACTION: Notice of intent. License the U.S. Department of Agricultural Research Service, intends to grant to AGENCY: Agricultural Research Service, SUMMARY: Notice is hereby given that USDA. the U.S. Department of Agriculture, Quincy, Illinois, an exclusive license to ACTION: Notice of intent. Agricultural Research Service, intends U.S. Patient No. 5,122,188 issued June to grant to Oryx Resources of 16, 1992, (Serial No. 07/519,197), SUMMARY: Notice is hereby given that Binghamton, New York, an exclusive ‘‘Vegetable Oil Based Printing Ink.’’ the U.S. Department of Agriculture, license to U.S. Patent No. 5,169,666 Notice of Availability was published in Agricultural Research Service, intends issued December 8, 1992 (Serial No. 07/ the Federal Register on May 3, 1990. to grant to Mantrose-Haeuser Company, 791,691), ‘‘Preparation of Simulated DATES: Comments must be received on Inc., of Attleboro, Massachusetts, an Human Milk Protein by Low or before April 14, 1995. exclusive license to U.S. Patent No. Temperature Microfiltration.’’ Notice of ADDRESSES: Send comments to: USDA, 5,019,403, issued May 28, 1991, (Serial ARS, Office of Technology Transfer No. 07/450,192), ‘‘Coating for Substrates Availability was published in the Room 401, Building 005, BARC-West, Including High Moisture Edible Federal Register on November 14, 1991. Baltimore Boulevard, Beltsville, Substrates.’’ Notice of Availability was DATES: Comments must be received on Maryland 20705–2350. published in the Federal Register on or before April 14, 1995. December 13, 1989. FOR FURTHER INFORMATION CONTACT: June ADDRESSES: Send comments to: USDA, Blalock of the Office of Technology DATES: Comments must be received on ARS, Office of Technology Transfer, or before April 14, 1995. Transfer at the Beltsville address given Room 401, Building 005, BARC-West, above; telephone: 301–504–5989. ADDRESSES: Send comments to: USDA, Baltimore Boulevard, Beltsville, SUPPLEMENTARY INFORMATION: The ARS, Office of Technology Transfer, Maryland 20705–2350. Room 401, Building 005, BARC-West, Federal Government’s patent rights to FOR FURTHER INFORMATION CONTACT: Baltimore Boulevard, Beltsville, this invention are assigned to the United Maryland 20705–2350. June Blalock of the Office of Technology States of America, as represented by the FOR FURTHER INFORMATION CONTACT: Transfer at the Beltsville address given Secretary of Agriculture. It is in the June Blalock of the Office of Technology above; telephone: 301–504–5989. public interest to so license this Transfer at the Beltsville address given SUPPLEMENTARY INFORMATION: The invention as Quincy Soybean Company above; telephone: 301–504–5989. Federal Government’s patent rights to has submitted a complete and sufficient application for a license. The SUPPLEMENTARY INFORMATION: The this invention are assigned to the United Federal Government’s patent rights to States of America, as represented by the prospective exclusive license will be this invention are assigned to the United Secretary of Agriculture. It is in the royalty-bearing and will comply with States of America, as represented by the public interest to so license this the terms and conditions of 35 U.S.C. Secretary of Agriculture. It is in the invention as Oryx Resources has 209 and 37 CFR 404.7. The prospective public interest to so license this submitted a complete and sufficient exclusive license may be granted unless, invention as Mantrose-Haeuser application for a license. The within sixty days from the date of this Company, Inc., has submitted a prospective exclusive license will be published Notice, the Agricultural complete and sufficient application for royalty-bearing and will comply with Research Service receives written a license. The prospective exclusive the terms and conditions of 35 U.S.C. evidence and argument which license will be royalty-bearing and will 209 and 37 CFR 404.7. The prospective establishes that the grant of the license comply with the terms and conditions exclusive license may be granted unless, would not be consistent with the of 35 U.S.C. 209 and 37 CFR 404.7. The within sixty days from the date of this requirements of 35 U.S.C. 209 and 37 prospective exclusive license may be published Notice, the Agricultural CFR 404.7. granted unless, within sixty days from Research Service receives written R.M. Parry, Jr., the date of this published Notice, the evidence and argument which Asistant Administrator. Agricultural Research Service receives establishes that the grant of the license [FR Doc. 95–3472 Filed 2–10–95; 8:45 am] written evidence and argument which would not be consistent with the BILLING CODE 3410±03±M Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8221 DEPARTMENT OF COMMERCE Suite 303, Santa Monica, California SUPPLEMENTARY INFORMATION: 90401’’ as one of the addresses for Background Bureua of Export Administration Amiri. In all other aspects, the On August 25, 1994, the Department [Docket Nos. 3101±01, 3101±02] September 25, 1993 Order remains in full force and effect. published the final results of the last Reza Panjtan Amiri, Also Known as This Order, which is effective administrative review of the Ray Amiri, Individually and Doing immediately, shall be published in the countervailing duty order on leather Business as Ray Amiri Computer Federal Register. wearing apparel from Mexico, covering Consultants (RACC), Now Also Known the January 1, 1992 through December Entered this 6th day of February, 1995. 31, 1992 review period (46 FR 21357; as CCC Inc., Respondents; [FR Doc. 95–3475 Filed 2–10–95; 8:45 am] Modification of Order of September 25, April 10, 1981). In that review, 65 1993 BILLING CODE 3510±DT±M companies which the GOM certified did not receive benefits from the programs Whereas, on September 25, 1993, the under review received a cash deposit then-Acting Under Secretary for Export International Trade Administration rate of zero. All other companies, which Administration, Barry Carter, entered an did not respond to our questionnaire, Order 1 denying Reza Panjtan Amiri, [C±201±001] including MPP and Finapiel, received a also known as Ray Amiri, individually cash deposit rate of 13.35 percent based and doing business as Ray Amiri Leather Wearing Apparel From Mexico; on best information available. Computer Consultants (RACC), now also Preliminary Results of Changed On December 1, 1994, the GOM know as CCC Inc. (hereinafter Circumstances Countervailing Duty requested a changed circumstances collectively referred to as Amiri), all Administrative Review review to examine the cash deposit rate U.S. export privileges for a period of 20 applicable to MPP and Finapiel. In its AGENCY: Import Administration, years, based on a finding that Amiri had request, the GOM stated that MPP and International Trade Administration, violated the Export Administration Act Finapiel were excluded from the list of Department of Commerce. of 1979, as amended (currently codified GOM-certified zero-benefit recipients at 50 U.S.C.A. app. 2401–2420 (1991, ACTION: Notice of Preliminary Results of submitted to the Department in the Supp. 1993, and Pub. L. No. 103–277, Changed Circumstances Countervailing recently completed administrative July 5,1994)) (the Act),2 and the Export Duty Administrative Review. review due to an oversight by the GOM. Administration Regulations (currently With its request, the GOM provided codified at 15 CFR Parts 768–799 SUMMARY: In response to a request by the company and government certifications (1994)) (the Regulations); Government of Mexico (GOM), the that MPP and Finapiel did not apply for Whereas, the September 25, 1993 Department of Commerce (the or receive any net subsidy during the Order entered against Amiri identified Department) has conducted a changed first three quarters of 1994 from the as one of his addresses as ‘‘1411 Fifth circumstances countervailing duty programs that were previously found Street, Suite 303, Santa Monica, administrative review. The review countervailable or not-used, and will California 90401’’; covers the period January 1, 1994 not apply for or receive any such net Whereas, Ulysses International 3 has through September 30, 1994 and two subsidy in the future, in accordance submitted information that Amiri has companies, Maquiladora Pieles Pitic, with 19 CFR 355.22(a)(2)(1994). The ceased doing business at 1411 Fifth S.A. de C.V. (MPP) and Finapiel de GOM also stated that it has taken steps Street, Suite 303, Santa Monica, Mexico, S.A. de C.V. (Finapiel). The to ensure that the type of oversight California 90401; and purpose of the review is to reexamine which occurred in this case will not be Whereas, based on the information the cash deposit rate for these two repeated in future administrative submitted by Ulysses International, the exporters that was set in the final results reviews. Office of Export Enforcement, Bureau of of the last administrative review of the On December 21, 1994 (59 FR 65755), Export Administration, U.S. Department countervailing duty order on leather the Department initiated a changed of Commerce (Department), has wearing apparel from Mexico (59 FR circumstances review to examine the requested that the September 25, 1993 43815; August 25, 1994). cash deposit rate for MPP and Finapiel. Order be modified by deleting 1411 We preliminarily determine the cash We conducted verification of the Fifth Street, Suite 303, Santa Monica, deposit rate to be zero for both certification statements at both GOM California 90401 as one of the addresses companies. If the final results remain and company offices from January 9 for Amiri. unchanged from these preliminary through January 12, 1995. At Accordingly, it is hereby ordered that results, we will instruct U.S. Customs to verification, we confirmed that, during the September 25, 1993 Order denying require zero cash deposits of estimated the first three quarters of 1994, MPP and all U.S. export privileges to Reza countervailing duties on shipments of Finapiel did not apply for or receive any Panjtan Amiri, also known as Ray leather wearing apparel from MPP and benefits from the programs examined by Amiri, individually and doing business Finapiel. the Department in the last as Ray Amiri Computer Consultants We invite interested parties to administrative review. These programs (RACC), now also know as CCC Inc., is comment on these preliminary results. were: modified by deleting ‘‘1411 Fifth Street, EFFECTIVE DATE: February 13, 1995. (A) BANCOMEXT Loans and Export Financing FOR FURTHER INFORMATION CONTACT: 1 58 FR 51610 (October 4, 1993). (B) Certificates of Fiscal Promotion 2 The Act expired on August 20, 1994. Executive Brian Albright or Maria MacKay, Office (CEPROFI) Order 12924 (59 FR 43437, August 23, 1994) of Countervailing Compliance, Import (C) FOGAIN continued the Regulations in effect under the Administration, International Trade (D) FONEI International Emergency Economic Powers Act (50 Administration, U.S. Department of U.S.C.A. 1701–1706 (1991)). (E) State Tax Incentives Commerce, 14th Street and Constitution 3 Ulysses International is a California corporation (F) PITEX whose offices are located at 1411 Fifth Street, Suite Avenue, N.W., Washington, D.C. 20230; (G) Import Duty Reductions and 303, Santa Monica, California 90401. telephone: (202) 482–2786. Exemptions 8222 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices (H) Article 15 Loans Representatives of parties to the Accomplishments Survey and The Department has conducted this proceeding may request disclosure of Community Impact Survey review in accordance with section proprietary information under Need and Use: The National and 751(b)(1) of the Tariff Act of 1930, as administrative protective order no later Community Service Trust Act of 1993 amended (the Act). than 10 days after the representative’s (Pub. L. 103–82) requires the client or employer becomes a party to Corporation for National Service to Scope of Review the proceeding, but in no event later evaluate its programs on a regular Imports covered by this review are than the date the case briefs are due (See basis. This information is required for shipments of Mexican leather wearing 19 CFR 355.34(b)(1)(iii)). program management, planning, and apparel. These products include leather The Department will publish the final required record keeping coats and jackets for men, boys, women, results of this changed circumstances Type of Request: Submission of a new girls, and infants, and other leather administrative review including the collection apparel products including leather results of its analysis of issues raised in Respondents Obligation to Reply: vests, pants, and shorts. Also included any case or rebuttal brief. Voluntary are outer leather shells and parts and This changed circumstances Frequency of Collection: Once each year pieces of leather wearing apparel. This administrative review and notice are in for three years merchandise is currently classifiable accordance with section 751(b)(1) of the Estimated Number of Responses: 1,250 under Harmonized Tariff Schedule Act (19 U.S.C. 1675(b)(1)) and 19 CFR Average Burden Hours per Response: (HTS) item numbers 4203.10.4030, 355.22(h). .51 hours 4203.10.4060, 4203.10.4085 and Estimated Annual Reporting or Dated: February 7, 1995. 4203.10.4095. The HTS item numbers Disclosure Burden: 637.5 hours are provided for convenience and Susan G. Esserman, Regulatory Authority: Public Law 103– Customs purposes. The written Assistant Secretary for Import 82 Administration. description remains dispositive. Dated: February 7, 1995. [FR Doc. 95–3662 Filed 2–10–95; 8:45 am] The review covers the period January Lance Potter, 1, 1994 through September 30, 1994 and BILLING CODE 3510±DS±P Director, Office of Evaluation. eight programs. [FR Doc. 95–3548 Filed 2–10–95; 8:45 am] Applicable Statute and Regulations CORPORATION FOR NATIONAL AND BILLING CODE 6050±28±M Unless otherwise indicated, all COMMUNITY SERVICE citations to the Act and to the Department’s regulations are in Information Collection Request DEPARTMENT OF DEFENSE reference to the provisions as they Submitted to the Office of Management existed on December 31, 1994. and Budget for Review Office of the Secretary Preliminary Results of Review AGENCY: The Corporation for National Defense Science Board Task Force on As a result of this review, we and Community Service (CNS). Joint Technology Issues preliminarily determine that, during the ACTION: Information Collection Request ACTION: Notice of Advisory Committee first three quarters of 1994, MPP and Submitted to the Office of Management Meetings. Finapiel did not receive any benefits and Budget (OMB) for Review. from the programs examined in the last SUMMARY: The Defense Science Board administrative review of this order. SUMMARY: This notice provides Task Force on Joint Technology Issues Therefore, if the final results remain the information about an information will meet in closed session on March 2– same as these preliminary results, the proposal by CNS, currently under 3, 1995 at the Pentagon, Arlington, Department will instruct the Customs review by OMB. Virginia. Service to collect zero cash deposits of DATES: OMB and CNS will consider The mission of the Defense Science estimated countervailing duties, as comments on the proposed collection of Board is to advise the Secretary of provided by the Act, on shipments of information and record keeping Defense through the Under Secretary of Mexican leather wearing apparel from requirements received within 10 days Defense for Acquisition and Technology MPP and Finapiel exported on or after from the date of publication. Copies of on scientific and technical matters as the date of publication of the final the proposed forms and supporting they affect the perceived needs of the results of this review . documents may be obtained by Department of Defense. At this meeting Interested parties may request a contacting CNS. the Task Force will work with the JCS hearing not later than 10 days after the ADDRESSES: Send comment to both: Chairman and Vice Chairman in support date of publication of this notice (See 19 Chuck Helfer Study Director, CNS, 1201 of the Expanded JROC activities. The CFR 355.38(b)). Interested parties may New York Ave., NW., Washington DC Task Force should place special submit written arguments in case briefs 20525 emphasis on the application of on these preliminary results within 30 Daniel Chenock, Desk Officer, OMB, technology to enhance the effectiveness days of the date of publication. Rebuttal 3002 NEOB, Washington, DC 20503 of the evolving force structure within briefs, limited to arguments raised in tight fiscal constraints and should also FOR FURTHER INFORMATION CONTACT: case briefs, may be submitted seven place a special focus on issues dealing days after the time limit for filing the Chuck Helfer, (202) 606–5000, extension with operations other than war. case brief. Any hearing, if requested, 248. In accordance with Section 10(d) of will be held after the scheduled date for SUPPLEMENTARY INFORMATION: the Federal Advisory Committee Act, submission of rebuttal briefs. Copies of Office of the Corporation for National P.L. No. 92–463, as amended (5 U.S.C. case briefs and rebuttal briefs must be and Community Service Issuing App. II, (1988)), it has been determined served on interested parties in Proposal: Office of Evaluation that this DSB Task Force meeting, accordance with section 355.38(e) of the Title of Form: Learn and Serve concerns matters listed in 5 U.S.C. Commerce regulations. America—Higher Education Annual 552b(c)(1) (1988), and that accordingly Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8223 this meeting will be closed to the Department of the Army Corps of Engineers public. Yakima Training Center Cultural and Intent To Prepare a Draft Dated: February 7, 1995. Natural Resources CommitteeÐ Environmental Impact Statement Patricia L. Toppings, Technical Committee (DEIS) for Dredged Material Placement Alternate OSD Federal Register Liaison at Duluth-Superior Harbor, Minnesota Officer, Department of Defense. AGENCY: HQ, I CORPS & Fort Lewis, and Wisconsin [FR Doc. 95–3452 Filed 2–10–95; 8:45 am] DOD. AGENCY: U.S. Army Corps of Engineers, BILLING CODE 5000±04±M ACTION: Notice of meeting. DOD. ACTION: Notice of intent. Defense Science Board Task Force on In accordance with Section 10(a)(2) of Theater Missile Defense (TMD) the Federal Advisory Committee Act SUMMARY: The U.S. Army Corps of (Pub. L. 92–463), announcement is Engineers, Detroit District, is evaluating ACTION: Change in Date/Location of made of the following committee the environmental impacts of dredged Advisory Committee Meeting Notice. meeting: material placement alternatives for maintenance dredging at Duluth- Name of Committee: Yakima Training Superior Harbor, Minnesota and SUMMARY: The meeting of the Defense Center Cultural and Natural Resources Wisconsin. The Federal navigation Science Board Task Force on Theater Committee—Technical Committee. project includes 17 miles of navigation Missile Defense (TMD) scheduled for Date of Meeting: March 9, 1995. channels, anchorage areas, and February 1–2, 1995 at the Pentagon, Place: Yakima Training Center, Building maneuvering basins, with channel 266, Yakima, Washington. Arlington, Virginia, as published in the depths ranging from 20 to 27 feet. Time: 1:00 p.m. Federal Register (Vol. 60, No. 19, Page Existing dredged material placement Proposed Agenda: Cultural and Natural 5656, Monday, January 30, 1995, FR sites have insufficient capacity for Resources Management Plan development. Doc. 95–2195) will be held on February future maintenance dredging needs. All proceedings are open. For future 13–14, 1995 at Science Applications Alternatives under consideration for International Corporation (SAIC), information contact Stephen Hart, Chief, Civil Law, (206) 967–4540. future dredged material placement McLean, Virginia. include expansion of the existing Erie Kenneth L. Denton, Dated: February 7, 1995. Pier Confined Disposal Facility (CDF) by Army Federal Register Liaison Officer. Patricia L. Toppings, increasing the dike heights, other diked [FR Doc. 95–3552 Filed 2–10–95; 8:45 am] in-water facilities, upland placement, Alternate OSD Federal Register Liaison BILLING CODE 3710±08±M habitat creation, and open water Officer, Department of Defense. disposal. The no Federal action [FR Doc. 95–3453 Filed 2–10–95; 8:45 am] alternative will also be considered. BILLING CODE 5000±04±M Yakima Training Center Cultural and ADDRESSES: U.S. Army Corps of Natural Resources CommitteeÐ Engineers, Army Engineer District, Technical Committee Defense Science Board Task Force on Detroit, Environmental Analysis Branch, P.O. Box 1027; Detroit, Michigan Quality of Life AGENCY: HQ, I CORPS & Fort Lewis, 48231–1027. DOD. ACTION: Notice of Advisory Committee FOR FURTHER INFORMATION CONTACT: Meeting. ACTION: Notice of meeting. Duluth-Superior Harbor is located at the western end of Lake Superior between SUMMARY: The Defense Science Board In accordance with Section 10(a)(2) of Duluth, Minnesota, and Superior, Task Force on Quality of Life will meet the Federal Advisory Committee Act Wisconsin. The harbor is formed by the in open session on February 27–28, (Pub. L. 92–463), announcement is waters of the St. Louis River, the second 1995 at the Hyatt Arlington at Key made of the following committee largest tributary of Lake Superior. Approximately 113 docks or terminals Bridge, Arlington, Virginia. meeting: at Duluth-Superior Harbor handle a The mission of the Defense Science Name of Committee: Yakima Training variety of commodities including iron Board is to advise the Secretary of Center Cultural and Natural Resources ore, coal, limestone, petroleum, steel Defense and the Under Secretary of Committee—Technical Committee. and scrap iron, cement, general cargo, Defense for Acquisition on scientific Date of Meeting: March 16, 1995. and grain. Place: Yakima Training Center, Building and technical matters as they affect the Maintenance dredging for the Federal 266, Yakima, Washington. perceived needs of the Department of project averages about 150,000 yards per Time: 1:00 p.m. Defense. year. Much of the dredged material is Proposed Agenda: Cultural and Natural Persons interested in further Resources Management Plan development. placed in the Erie Pier CDF, which is information should call LtCol Dave All proceedings are open. For further located on approximately 82 acres along Witkowski at (703) 697–7192. information contact Stephen Hart, Chief, the northwest shore of Duluth-Superior Civil Law, (206) 967–4540. Harbor. The CDF was constructed in Dated: February 7, 1995. 1979 to hold up to one million cubic Patricia L. Toppings, Kenneth L. Denton, yards of material dredged from the Alternate OSD Federal Register Liaison Army Federal Register Liaison Officer. Federal navigation project over a 10 year Officer, Department of Defense. [FR Doc. 95–3551 Filed 2–10–95; 8:45 am] period. Clean sand dredged from the [FR Doc. 95–3454 Filed 2–10–95; 8:45 am] BILLING CODE 3710±08±M outer parts of the harbor is generally BILLING CODE 5000±04±M used for beach nourishment to mitigate the affects of beach erosion along the lake. 8224 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Since 1988, a washing operation has Wildlife Coordination Act of 1958; the DEPARTMENT OF ENERGY been conducted at the Erie Pier CDF to National Historic Preservation Act of separate out the cleaner, coarse grained 1966; the National Environmental Idaho Operations Office; Solicitation fraction of the dredged materials for Policy Act (NEPA) of 1969; the Clean for Financial Assistance; Research, beneficial use. Through this operation, Air Act of 1970; the Coastal Zone Development and Demonstration of over a half-million cubic yards of coarse Management Act of 1972; the New and Advanced Technology for the grained material have been removed for Endangered Species Act of 1973; the Glass Industry; Correction various beneficial uses, primarily Water Resources Development Act of AGENCY: U.S. Department of Energy, construction projects. This has helped 1976; the Clean Water Act of 1977 Idaho Operations Office. extend the life of the Erie Pier CDF by Executive Order 11593, Protection and several years. Nonetheless, remaining ACTION: Correction. Enhancement of the Cultural capacity at the Erie Pier CDF is SUMMARY: The U.S. Department of insufficient for future dredged material Environment, May 1971, Executive Order 11988, Flood Plain Management, Energy, Idaho Operations Office, placement needs. published a complete solicitation in the The U.S. Army Corps of Engineers, May 1977; Executive Order 11990, Federal Register on January 24, 1995 Detroit District, is therefore evaluating Wetland Protection, May 1977; and (60 F.R. 4608, Notice), requesting cost the environmental impacts of several Corps of Engineers, Dept. of the Army, dredged material placement alternatives 33 CFR Part 230, Environmental shared applications for Research, for Duluth-Superior Harbor in Quality: Policy and Procedure for Development and Demonstration of coordination with the development of a Implementing NEPA. New and Advanced Technology for the Glass Industry (No. DE–PS07– dredged material placement plan for the The proposed dredged material harbor. Alternatives under 95ID13346). The purpose of this notice placement is being coordinated with the is to make the following corrections and consideration include expansion of the U.S. Fish and Wildlife Service and the existing Erie Pier CDF by increasing the add additional text: Minnesota Department of Natural dike heights, diked in-water facilities, 1. Page 4609 (1st Column), ‘‘DATES: Resources. Coordination will also be upland placement, habitat creation, and The deadline for receipt of applications open water disposal. To date, no viable initiated with the U.S. Environmental is 4:00 p.m. MDT, March 22, 1995.’’ is sites for upland placement have been Protection Agency, the Minnesota changed to ‘‘DATES: The deadline for identified in the harbor vicinity. The no Pollution Control Agency, the receipt of applications is 4:00 p.m. Federal action alternative will also be Minnesota State Historic Preservation MDT, March 29, 1995.’’ considered and will serve as a baseline Office, the Bureau of Indian Affairs, 2. Page 4609 (2nd Column), Add the from which to measure the impacts of local and regional Indian tribes, and following paragraph to the end of the action alternatives. other interested agencies and section B. Project Description, ‘‘The Gas Possible sites for diked in-water individuals. Research Institute (GRI), 8600 West Bryn Mawr Ave., Chicago, IL 60631, has facilities include: (1) A 25 acre site in A public information meeting was the embayment on the east side of Erie expressed interest in co-funding gas held on November 19, 1994, sponsored related projects which will benefit the Pier, (2) an 18-acre embayment and by the Duluth Seaway Port Authority, in deep ship mooring area on the south glass industry. GRI has typically conjunction with the Minnesota side of the Duluth, Missabe and Iron supported the research, development Department of Natural Resources, the Range Railroad (DMIR) taconite storage and demonstration phases of projects. facility (about 1 mile northeast from Erie Minnesota Pollution Control Agency, Applicants wishing to be considered for Pier), and (3) 65 acres of the embayment and the Harbor Technical Advisory GRI support should contact Mr. Leslie on the east side of the DMIR facility. Committee of the Duluth-Superior Donaldson (telephone number 312–399– The Habitat Creation alternative Metropolitan Interstate Committee. The 8295) at GRI before submitting focuses on the filling of existing deep purpose of the meeting was to inform proposals. It is suggested that bidders holes (which were created in the harbor the local residents and other interested contact GRI as early in the proposal by past mining activities) with dredged individuals and environmental groups preparation process as is practical. material to an appropriate elevation for of the deep hold/habitat creation While the cost share requirements of the development of shallow water fishery concept being investigated as a viable solicitation must be met, natural gas habitat. Sites under consideration dredged material placement alternative. industry funding is NOT required to obtain DOE support. Likewise, natural include: (1) The deep hole adjacent to All Federal, state, and local agencies, gas industry funding will NOT provide Hearding Island in the outer harbor, and Indian tribes, and other private assurance of DOE support.’’ (2) the Cross Channel deep hole, located organization and parties are invited to in the inner harbor between Interstate 3. Page 4610 (2nd Column), under F. participate in the proposed project Island and the Cross Channel. Barrier Proposal Evaluation, a. Application review. Questions, concerns, and islands would be constructed to shelter Deadline: The sentence, ‘‘The deadline the created fishery habitat from wave comments may be directed to the for receipt of applications is 4:00 p.m. action and to provide upland habitat for address given in this notice. During the MST, March 22, 1995.’’ is changed to birds. DEIS public comment period, a public ‘‘The deadline for receipt of Significant issues to be analyzed meeting will be scheduled, if necessary. applications is 4:00 p.m. MST, March include potential impacts on wetlands, It is anticipated that the DEIS would be 29, 1995.’’ water quality, fish and wildlife habitat, available for public review in 1996. 4. Page 4611 (1st Column), under e. and cultural resources. Social impacts, Kenneth L. Denton, Merit Reviews (which began on p. including impacts upon recreation, Army Federal Register Liaison Officer. 4610). The sentence, ‘‘Selections for aesthetics, and the local economy, will [FR Doc. 95–3553 Filed 2–10–95; 8:45 am] negotiations are expected to be made also be considered. May 10, 1995, and financial assistance The proposed actions will be BILLING CODE 3710±GA±M awards are expected to be made reviewed for compliance with the Fish beginning July 21, 1995,’’ is changed to and Wildlife Act of 1956; the Fish and ‘‘Selections for negotiations are Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8225 expected to be made May 17, 1995, and If needed, time will be allotted after FOR FURTHER INFORMATION CONTACT: Tom financial assistance awards are expected public comments for items added to the Williams, Program Manager, to be made beginning July 28, 1995.’’ agenda, and administrative details. Department of Energy, Amarillo Area 5. Page 4612 (1st Column), h. A final agenda will be available at the Office, P.O. Box 30030, Amarillo, TX Assurances and Certifications: The meeting Tuesday, February 21, 1995. 79120 (806) 477–3121. sentence, ‘‘It is advised that prospective Public Participation SUPPLEMENTARY INFORMATION: Purpose of applicants submit their requests in the Committee: The Pantex Plant The meeting is open to the public. writing no later than February 21, Citizens’ Advisory Board provides input Written statements may be filed with 1995.’’ is changed to ‘‘It is advised that to the Department of Energy on the Committee either before or after the prospective applicants submit their Environmental Management strategic meeting. Individuals who wish to make requests in writing no later than decisions that impact future use, risk oral statements pertaining to agenda February 28, 1995.’’ management, economic development, items should contact Tom Heenan’s 6. Page 4612 (1st Column), i. and budget prioritization activities. Questions & Answers: The sentence, office at the address or telephone ‘‘Questions regarding this solicitation number listed above. The Designated Tentative Agenda should be submitted in writing to the Federal Official is empowered to conduct the meeting in a fashion that 10:00 am—Welcome—Agenda Review— DOE Contract Specialist no later than Introductions February 15, 1995.’’is changed to will facilitate the orderly conduct of business. Each individual wishing to Co-Chairs’ Comments ‘‘Questions regarding this solicitation • report from participants in Feb. 14– should be submitted in writing to the make public comment will be provided a maximum of 5 minutes to present 15 SSAB Workshop DOE Contract Specialist no later than 10:30 am—Updates February 22, 1995.’’ their comments. This notice is being • published less than 15 days before the occurrence report from DOE Dated: February 2, 1995. • date of the meeting due to programmatic other DOE updates: pit storage and J.O. Lee, issues that had to be resolved prior to heat buildup in igloos Director of Procurement Services Division. publication. 11:30 am—Working Lunch [FR Doc. 95–3531 Filed 2–10–95; 8:45 am] • Work plan for next year (and task Minutes BILLING CODE 6450±01±M forces to address issues) The minutes of this meeting will be • Consider T&P Subcommittee available for public review and copying recommendation; adopt plans Environmental Management Site at the Freedom of Information Public 1:00 pm—Subcommittee Reports Specific Advisory Board, Savannah Reading Room, 1E–190, Forrestal • Training and Program River Site Building, 1000 Independence Avenue, Subcommittee SW, Washington, DC 20585 between • Community Outreach AGENCY: Department of Energy. 9:00 a.m. and 4 p.m., Monday—Friday Subcommittee ACTION: Notice of open meeting. except Federal holidays. Minutes will • Budget and Finance Subcommittee • Nominations and Membership SUMMARY: Pursuant to the provisions of also be available by writing to Tom • Policy and Personnel the Federal Advisory Committee Act Heenan, Department of Energy 1:45 pm—Next Meetings (1995) (Public Law 92–463, 86 Stat. 770) notice Savannah River Operations Office, P.O. • Tuesday, March 28, 1:30–5:50 pm is hereby given of the following Box A, Aiken, S.C. 29802, or by calling • Tuesday, April 25, 1:30–5:50 pm Advisory Committee meeting: him at (803) 725–8074. • Tuesday, May 23, 1:30–5:50 pm Environmental Management Site Issued at Washington, DC on February 8, • Tuesday, June 27, 1:30–5:50 pm Specific Advisory Board (EM SSAB), 1995. 2:00 pm—Adjourn Savannah River Site. Rachel Murphy Samuel, Public comment will be taken Acting Deputy Advisory Committee DATES AND TIMES: Tuesday, February 21, periodically throughout the meeting. 1995, 10:00 a.m. to 12:00 noon. Management Officer. ADDRESSES: The board meeting will be [FR Doc. 95–3532 Filed 2–10–95; 8:45 am] Public Participation held at: Barnwell County Museum, BILLING CODE 6450±01±P The meeting is open to the public. Marlboro Avenue, Barnwell, South Written statements may be filed with Carolina. Environmental Management Site the Committee either before or after the FOR FURTHER INFORMATION CONTACT: Tom Specific Advisory Board, Pantex Plant meeting. Written comments will be Heenan, Manager, Environmental accepted at the address above for 15 Restoration and Solid Waste, AGENCY: Department of Energy. days after the date of the meeting. Department of Energy Savannah River ACTION: Notice of open meeting. Individuals who wish to make oral Operations Office, P.O. Box A, Aiken, statement pertaining to agenda items S.C. 29802, (803) 725–8074. SUMMARY: Pursuant to the provisions of should contact Tom Williams’ office at the Federal Advisory Committee Act the address or telephone number listed SUPPLEMENTARY INFORMATION: (Public Law 92–463, 86 Stat. 770) notice above. Requests must be received 5 days Purpose of the Board is hereby given of the following prior to the meeting and reasonable Advisory Committee meeting: The purpose of the Board is to make provision will be made to include the Environmental Management Site recommendations to DOE and its presentation in the agenda. The Specific Advisory Board (EM SSAB), regulators in the areas of environmental Designated Federal Official is Pantex Plant. restoration, waste management and empowered to conduct the meeting in a related activities. DATES: Wednesday, February 22, 1995 fashion that will facilitate the orderly 10:00 am–2:00 pm. conduct of business. Each individual Tentative Agenda ADDRESSES: February 22, 1995 meeting: wishing to make public comment will 10:00 a.m.—Budget Issues Carson County Square House Museum, be provided a maximum of 5 minutes to 12:00 p.m.—Adjourn Panhandle, Texas. present their comments. This notice is 8226 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices being published less than 15 days before FOR FURTHER INFORMATION CONTACT: Room, 1E–190 Forrestal Building, 1000 the date of the meeting due to Peter F. Didisheim, Executive Director, Independence Avenue, SW, programmatic issues that had to be 1000 Independence Avenue, SW, Washington, DC, between 9:00 AM and resolved prior to publication. Washington, DC 20585, (202) 586–7700. 4:00 PM, Monday through Friday except Federal holidays. Minutes SUPPLEMENTARY INFORMATION: Purpose of the Committee: The Secretary of Energy Issued at Washington, DC, on February 8, The minutes of this meeting will be Advisory Board Task Force on Strategic 1995. available for public review and copying Energy Research and Development Rachel Murphy Samuel, at the Pantex Public Reading Rooms assists the Board in its top-level review Acting Deputy Advisory Committee located at the Amarillo College Lynn of the Department’s civilian energy Management Officer. Library and Learning Center, 2201 research programs. The Board’s Task [FR Doc. 94–3528 Filed 2–10–94; 8:45 am] South Washington, Amarillo, TX phone Force will examine the Department’s BILLING CODE 6450±01±M (806) 371–5400. Hours of operation are current research and development from 7:45 am to 10:00 pm, Monday portfolio against its strategic goals, through Thursday; 7:45 am to 5:00 pm policy priorities and national needs will Federal Energy Regulatory on Friday; 8:30 am to 12:00 on Saturday; examine the Departments’ research and Commission and 2:00 pm to 6:00 pm on Sunday, development planning and management except for Federal holidays. process and the first research, [Docket No. EG95±29±000, et al.] Additionally, there is a Public Reading development, demonstration, and Austin Cogeneration Corporation, et Room located at the Carson County commercialization management plan, Public Library, 401 Main Street, al.; Electric Rate and Corporate required biennially by the Energy Policy Regulation Filings Panhandle, TX phone (806) 537–3742. Act of 1992. Hours of operation are from 9:00 am to February 6, 1995. Tentative Agenda 7:00 pm on Monday; 9:00 am to 5:00 Take notice that the following filings pm, Tuesday through Friday; and closed 8:45 am—Opening Remarks have been made with the Commission: Saturday and Sunday as well as Federal 9:00 am—Panel #1: Transportation and Holidays. Minutes will also be available Related R&D Needs 1. Austin Cogeneration Corporation by writing or calling Tom Williams at 10:45—Break [Docket No. EG95–29–000] 11:00 am—Panel #2: Building & the address or telephone number listed On February 1, 1995, Austin above. Industry and Related R&D Needs 12:45 pm—General Discussion and Cogeneration Corporation Issued at Washington, DC on February 8, (‘‘Applicant’’), filed with the Federal 1995. Public Comment 1:00 pm—Adjourn Public Meeting Energy Regulatory Commission an Rachel Murphy Samuel, A final agenda will be available at the application for determination of exempt Acting Deputy, Advisory Committee meeting. wholesale generator status pursuant to Management Officer. Public Participation: The Chairman of 18 CFR Part 365. [FR Doc. 95–3529 Filed 2–10–95; 8:45 am] the Task Force is empowered to conduct Applicant is a Delaware corporation BILLING CODE 6450±01±M the meeting in a fashion that will, in the formed to acquire an indirect ownership Chairman’s judgment, facilitate the interest in a 255 MW natural gas-fired orderly conduct of business. During its cogeneration facility to be located in the Secretary of Energy Advisory Board meeting in Washington, D.C. the Task City of Austin, Texas, and/or operate Task Force on Strategic Energy Force welcomes public comment. such facility and engage in project Research and Development Members of the public will be heard in development activities with respect the order in which they sign up at the thereto. AGENCY: Department of Energy. beginning of the meeting. The Task Comment date: February 24, 1995, in ACTION: Notice of open meeting. Force will make every effort to hear the accordance with Standard Paragraph E views of all interested parties. Written at the end of this notice. The SUMMARY: Pursuant to the provisions of comments may be submitted to Peter F. Commission will limit its consideration the Federal Advisory Committee Act Didisheim, Executive Director, Secretary of comments to those that concern the (Public Law 92–463, 86 Stat. 770), of Energy Advisory Board, AB–1, 1000 adequacy or accuracy of the application. notice is hereby given of the following Independence Avenue, SW, 2. CINergy Services, Inc. advisory committee meeting: Washington, DC 20585. In order to [Docket No. ER95–501–000] Name: Secretary of Energy Advisory insure that Task Force members have Board Task Force on Strategic Energy the opportunity to review written Take notice that on January 30, 1995, Research and Development. comments prior to the meeting, CINergy Services, Inc., on behalf of The comments should be received by Friday, Cincinnati Gas & Electric Company and Date and Time: Tuesday, February 28, February 24, 1995. PSI Energy, Inc., made an abbreviated 1995, 8:45 am–1:00 pm. Minutes: Minutes and a transcript of filing to amend each of its coordination Place: Washington, D.C.—Final the meeting will be available for public schedules to add guidelines for the Location To Be Determined—Please call review and copying approximately 30 recovery of emission allowance costs. the SEAB Office on (202) 586–7092 after days following the meeting at the The rate schedules affected by this filing 2/15/95 for details. Freedom of Information Public Reading are the following: Rate schedule Other signatory(ies) CG&E Rate Schedule FERC No. 13 ...... Indiana Michigan Power Co. and Ohio Power Company. CG&E Rate Schedule FERC No. 38 ...... Columbus Southern Power Co. CG&E Rate Schedule FERC No. 39 ...... Dayton Power & Light Co. CG&E Rate Schedule FERC No. 43 ...... East Kentucky Power Cooperative, Inc. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8227 Rate schedule Other signatory(ies) CG&E Rate Schedule FERC No. 33 ...... Louisville Gas & Electric Co. CG&E Rate Schedule FERC No. 45 ...... Ohio Valley Electric Corp. CG&E Rate Schedule FERC No. 47 ...... Cleveland Public Power. CG&E Rate Schedule FERC No. 48 ...... City of Piqua, Ohio. PSI Rate Schedule FERC No. 257 ...... Big Rivers Electric Co. PSI Rate Schedule FERC No. 260 ...... Blue Ridge Power Agency. PSI Rate Schedule FERC No. 263 ...... Electric Clearinghouse, Inc. PSI Rate Schedule FERC No. 262 ...... Enron Power Marketing, Inc. PSI Rate Schedule FERC No. 222 ...... Hoosier Energy Rural Electric Cooperative, Inc. and Southern Indiana Gas and Electric Co. PSI Rate Schedule FERC No. 231 ...... Hoosier Energy Rural Electric Cooperative, Inc. and Southern Indiana Gas and Electric Co. PSI Rate Schedule FERC No. 250 ...... Illinois Municipal Electric Agency. PSI Rate Schedule FERC No. 49 ...... Indiana Michigan Power Co. PSI Rate Schedule FERC No. 234 ...... Indiana Municipal Power Agency. PSI Rate Schedule FERC No. 247 ...... Indianapolis Power & Light Co. PSI Rate Schedule FERC No. 254 ...... Kentucky Utilities Co. PSI Rate Schedule FERC No. 266 ...... LG&E Power Marketing, Inc. PSI Rate Schedule FERC No. 256 ...... City of Logansport, Indiana. PSI Rate Schedule FERC No. 261 ...... Louis Dreyfus Electric Power, Inc. PSI Rate Schedule FERC No. 208 ...... Louisville Gas & Electric Co. PSI Rate Schedule FERC No. 227 ...... Northern Indiana Public Service Co. PSI Rate Schedule FERC No. 255 ...... City of Piqua. Ohio PSI Rate Schedule FERC No. 265 ...... Rainbow Energy Marketing Corp. PSI Rate Schedule FERC No. 264 ...... Tennessee Valley Authority. PSI Rate Schedule FERC No. 241 ...... Wabash Valley Power Authority, Inc. PSI Rate Schedule FERC No. 233 ...... Wabash Valley Power Association, Inc. PSI Rate Schedule FERC No. 242 ...... American Municipal Power-Ohio, Inc. PSI Rate Schedule FERC No. 205 ...... Central Illinois Public Service Co. PSI Rate Schedule FERC No. 207 ...... Southern Indiana Gas and Electric Co. PSI Rate Schedule FERC No. 245 ...... Baltimore Gas & Electric Co. PSI Rate Schedule FERC No. 258 ...... AES Power, Inc. Each of the customers under the CIPS affected by the proposed change. refund any allowance-related charges aforementioned rate schedules were Copies of the filing are available for assessed between January 1, 1995, and served with a copy of the filing. public inspection in CIPS’ offices in the date the Commission issues an order Comment date: February 21, 1995, in Springfield, Illinois. accepting the filing without accordance with Standard Paragraph E Comment date: February 21, 1995, in investigation or hearing. NSP at the end of this notice. accordance with Standard Paragraph E Companies request that the Commission at the end of this notice. grant waiver of its Part 35 notice 3. Central Illinois Public Service provisions and accept this filing Company 4. Northern States Power Company effective January 1, 1995, subject to (Minnesota) Northern States Power [Docket No. ER95–502–000] refund. Company (Wisconsin) Take notice that on January 30, 1995, Comment date: February 21, 1995, in Central Illinois Public Service Company [Docket No. ER95–503–000] accordance with Standard Paragraph E (CIPS), submitted an abbreviated filing Take notice that on January 30, 1995, at the end of this notice. for the limited purpose of including the Northern States Power Company cost of SO2 Emission allowances as an (Minnesota), and Northern States Power 5. Wisconsin Public Service incremental out-of-pocket cost in CIPS’ Company (Wisconsin), (hereinafter NSP Corporation rates for coordination sales. The Companies) are Parties to various [Docket No. ER95–504–000] Commission’s December 15, 1994 Policy Diversity Exchange and Interconnection Statement and Interim Rule Regarding and Interchange Agreements. This filing Take notice that on January 31, 1995, Ratemaking Treatment of the Cost of contains amendments to coordination the Wisconsin Public Service Emissions Allowances in Coordination agreements to recover the replacement Corporation (WPSC), tendered for filing Rates (Interim Rule) contemplated that cost of emission allowances in Supplement No. 6 to its partial utilities such as CIPS, affected by the coordination rates. The purpose of this requirements service agreement with 1990 Clean Air Act Amendments as of filing is to comply with the Policy Manitowoc Public Utilities (MPU), January 1, 1995, would make such a Statement and Interim Rule Regarding Manitowoc County, Wisconsin. filing. Ratemaking Treatment of the Cost of Supplement No. 6 provides MPU’s As permitted by the Interim Rule, Emission Allowances in Coordination contract demand nominations for CIPS seeks an effective date of January Rates, Docket No. PL95–1–000, issued January 1995–December 1999, under 1, 1995 for the proposed change in rates on December 15, 1994. WPSC’s W–2 partial requirements tariff and, accordingly, seeks waiver of the In this Policy Statement and Interim and MPU’s applicable service Commission’s notice requirements. Rule the Commission stated that in agreement. Copies of the filing were served on all exchange for granting waiver of notice, The company states that copies of this customers under CIPS’s Coordination a utility may implement this emission filing have been served upon MPU and Sales Tariff and on all parties to various allowance replacement cost treatment, to the State Commissions where WPSC bilateral or trilateral agreements with as of January 1, 1995, if it agrees to serves at retail. 8228 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Comment date: February 21, 1995, in coordination agreements. This filing A copy of this filing has been served accordance with Standard Paragraph E contains amendments to these on NYPA, COWPUSA, NYCPUS, and at the end of this notice. coordination agreements to recover the the New York Public Service replacement cost of emission Commission. 6. Wisconsin Public Service allowances in coordination rates. The Comment date: February 21, 1995, in Corporation contents of this filing comply with the accordance with Standard Paragraph E [Docket No. ER95–505–000] Policy Statement and Interim Rule at the end of this notice. Regarding Ratemaking Treatment of the Take notice that on January 31, 1995, 11. Iowa-Illinois Gas and Electric Cost of Emission Allowances in Wisconsin Public Service Corporation Company (WPSC), tendered for filing Supplement Coordination Rates, Docket No. PL95–1– No. 8 to its service agreement with 000, issued on December 15, 1994. [Docket No. ES95–20–000] Consolidated Water Power Company In accordance with the waiver of Take notice that on January 31, 1995, (CWPCO). Supplement No. 8 provides notice provisions contained in the Iowa-Illinois Gas and Electric Company CWPCO’s contract demand nominations Policy Statement and Interim Rule, NSP filed an application under § 204 of the for January 1994–December 1999, under Companies request that the Commission Federal Power Act seeking authorization WPSC’s W–3 tariff and CWPCO’s grant waiver of its Part 35 notice to issue up to $150 million of unsecured applicable service agreement. provisions and accept this filing short-term debt during the period The company states that copies of this effective January 1, 1995, subject to commencing June 30, 1995 and ending filing have been served upon CWPCO refund. June 30, 1997, with a final maturity date and to the State Commissions where Comment date: February 21, 1995, in not later than June 30, 1998. WPSC serves at retail. accordance with Standard Paragraph E Comment date: March 1, 1995, in Comment date: February 21, 1995, in at the end of this notice. accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. 10. Consolidated Edison Company of at the end of this notice. New York, Inc. Standard Paragraphs 7. Illinois Power Company [Docket No. ER95–509–000] E. Any person desiring to be heard or [Docket No. ER95–506–000] Take notice that on January 30, 1995, to protest said filing should file a Take notice that on January 30, 1995, Consolidated Edison Company of New motion to intervene or protest with the Illinois Power Company (Illinois York, Inc. (Con Edison), tendered for Federal Energy Regulatory Commission, Power), tendered for filing an filing proposed supplements to its Rate 825 North Capitol Street, N.E., Addendum to its coordination Schedules FERC No. 92 and FERC No. Washington, D.C. 20426, in accordance agreements. Illinois Power states that 96. with Rules 211 and 214 of the the purpose of the Addendum is to The proposed Supplement No. 7 to Commission’s Rules of Practice and explain how the cost of emission Rate Schedule FERC No. 96 increases Procedure (18 CFR 385.211 and 18 CFR allowances are to be calculated. the rates and charges for electric 385.214). All such motions or protests Comment date: February 21, 1995, in delivery service furnished to public should be filed on or before the accordance with Standard Paragraph E customers of the New York Power comment date. Protests will be at the end of this notice. Authority (NYPA) by $22,367,000 considered by the Commission in annually based on the 12-month period determining the appropriate action to be 8. Ohio Edison Company Pennsylvania taken, but will not serve to make Power Company ending March 31, 1996. The proposed Supplement No. 6 to protestants parties to the proceeding. [Docket No. ER95–507–000] Rate Schedule FERC No. 96, applicable Any person wishing to become a party Take notice that on January 30, 1995, to electric delivery service to NYPA’s must file a motion to intervene. Copies Ohio Edison Company and non-public, economic development of this filing are on file with the Pennsylvania Power Company, tendered customers, and the proposed Commission and are available for public for filing amendments to the supplement No. 4 to Rate Schedule inspection. agreements. The purpose of this filing is FERC No. 92, applicable to electric Lois D. Cashell, to amend energy rates contained in the delivery service to commercial and Secretary. foregoing agreements to reflect the industrial economic development [FR Doc. 95–3494 Filed 2–10–95; 8:45 am] energy-related costs incurred by Ohio customers of the county of Westchester BILLING CODE 6717±01±P Edison Company and Pennsylvania Public Agency (COWPUSA) or the New Power Company to ensure compliance York City Public Utility Service [Docket No. CP95±37±000] with the Phase I sulfur dioxide (NYCPUS), increase the rates and emissions limitations of the Clean Air charges for the service by $217,000 Columbia Gas Transmission Corp.; Act Amendment of 1990. annually based on the 12-month period Intent to Prepare an Environmental Comment date: February 21, 1995, in ending March 31, 1996. Assessment for the Proposed Panda- accordance with Standard Paragraph E The proposed increases are a part of Brandywine Project and Request for at the end of this notice. a Company-wide general electric rate Comments on Environmental Issues 9. Northern States Power Company increase application by the Edison February 7, 1995. (Minnesota), Northern States Power which is pending before the New York Company (Wisconsin) Public Service Commission (NYPSC). The staff of the Federal Energy Although the proposed supplements Regulatory Commission (FERC or the [Docket No. ER95–508–000] bear a nominal effective date of April 1, Commission) will prepare an Take notice that on January 30, 1995, 1995, Con Edison will not seek environmental assessment (EA) that will Northern States Power Company permission to make these effective until discuss environmental impacts of the (Minnesota), and Northern States Power the effective date, estimated to be April construction and operation associated Company (Wisconsin), (hereinafter NSP 1, 1995 of the rate changes authorized with the jurisdictional facilities Companies) are Parties to various by the NYPSC. proposed in the Panda-Brandywine Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8229 Project.1 This EA will be used by the workspaces would be allowed to revert preliminary list; the list of issues will be Commission in its decision-making to their former land use. added to, subtracted from, or changed process to determine whether an based on your comments and our own The EA Process environmental impact statement is analysis. Issues are: required and whether or not to approve The National Environmental Policy • The proposed project would cross the project. Act (NEPA) requires the Commission to two perennial streams, three take into account the environmental intermittent streams, and eight Summary of the Proposed Project impacts that could result from an action nonforested wetlands. Columbia Gas Transmission whenever it considers the issuance of a • Access roads would cross the two Corporation (Columbia) wants Certificate of Public Convenience and perennial streams at five locations and Commission authorization to construct Necessity. NEPA also requires us to intermittent streams at seven locations. and operate 6.3 miles of pipeline to discover and address concerns the • There are three private wells within transport up to 24,240 dekatherms of public may have about proposals. We 50 feet of the proposed construction natural gas per day to Panda- call this ‘‘scoping’’. The main goal of the ROW. Brandywine L.P. (Panda) for its scoping process is to focus the analysis • There are six residences within 50 Brandywine, Maryland cogeneration in the EA on the important issues. By feet of the proposed ROW. plant. Columbia’s facilities would this Notice of Intent, the Commission Also, we have made a preliminary consist of: requests public comments on the scope decision to not address the impacts of —4.1 miles of 36-inch-diameter pipeline of the issues it will address in the EA. the nonjurdictional facilities. We will loop on Line WB in Hardy County, All comments received are taken into briefly describe their location and status West Virginia; account during the preparation of the in the EA. —1.6 miles of 36-inch-diameter pipeline EA. State and local government (designated as Line WB–5) that would representatives are encouraged to notify Public Participation replace approximately 1.5 miles of 26- their constituents of this proposed You can make a difference by sending inch-diameter pipeline in three action and encourage them to comment a letter addressing your specific sections (designated as Line WB) in on their areas of concern. comments or concerns about the project. Braxton County, West Virginia; and The EA will discuss impacts that You should focus on the potential —0.6 mile of 36-inch-diameter pipeline could occur as a result of the environmental effects of the proposal, loop on Line SB–5 in Clay County, construction and operation of the alternatives to the proposal (including West Virginia. proposed project under these general alternative routes), and measures to In addition, a nonjurisdictional tap, headings: avoid or lessen environmental impact. • Geology and soils measurement and regulation facilities, • The more specific your comments, the and about 0.5 mile of 20-inch-diameter Water resources, fisheries, and more useful they will be. Please follow nonjurdisdictional pipeline would be wetlands the instructions below to ensure that • Land use constructed by Washington Gas Light your comments are received and • Cultural resources Company (WGL) in Prince George’s • properly recorded: Vegetation and wildlife • County, Maryland, to supply gas to • Endangered and threatened species Address your letter to: Lois Cashell, Panda’s cogeneration plant. • hazardous waste Secretary, Federal Energy Regulatory The locations of the project facilities We will also evaluate possible Commission, 825 North Capitol St., are shown in appendix 1.2 2 alternatives to the proposed project or N.E., Washington, D.C. 20426; • Land Requirements for Construction portions of the project, and make Reference Docket No. CP95–37– recommendations on how to lessen or 000; The proposed replacement pipeline avoid impacts on the various resource • Send a copy of your letter to: Mr. and loops would be built within or areas. John Wisniewski, EA Project Manager, adjacent to existing pipeline rights-of- Our independent analysis of the Federal Energy Regulatory Commission, way (ROW). The construction ROW issues will be in the EA. Depending on 825 North Capitol St., N.E., Room 7312, would typically be 75 feet wide the comments received during the Washington, D.C. 20426; and consisting of a 50-foot-wide permanent scoping process, the EA may be • Mail your comments so that they ROW and a 25-foot-wide temporary published and mailed to Federal, State, will be received in Washington, D.C. on ROW. The construction ROW would and local agencies, public interest or before March 10, 1995. overlap existing ROW by about 25 feet. groups, interested individuals, affected If you wish to receive a copy of the Generally, the old replaced pipeline landowners, newspapers, libraries, and EA, you should request one from Mr. would be removed except in specific the Commission’s official service list for Wisniewski at the above address. areas such as some road/railroad this proceeding. A comment period will Becoming an Intervenor crossings identified by Columbia. be allotted for review if the EA is Following construction, the disturbed published. We will consider all In addition to involvement in the EA area would be restored and the 25 feet comments on the EA before we scoping process, you may want to of temporary ROW and additional recommend that the Commission become an official party to the approve or not approve the project. proceeding or become an ‘‘intervenor’’. 1 Columbia Gas Transmission Corporation’s Among other things, intervenors have application was filed with the Commission under Currently Identified Environmental the right to receive copies of case- section 7 of the Natural Gas Act. Issues related Commission documents and 2 The appendices referenced in this notice are not being printed in the Federal Register. Copies are We have already identified several filings by other intervenors. Likewise, available from the Commission’s Public References issues that we think deserve attention each intervenor must provide copies of and Files Maintenance Branch, Room 3104, at 941 based on a preliminary review of the its filings to all other parties. If you North Capitol Street, N.E., Washington, D.C. 20426, want to become an intervenor you must or call (202) 208–1371. Copies of the appendices proposed facilities and the were sent to all those receiving this notice in the environmental information provided by file a Motion to Intervene according to mail. Columbia. Keep in mind that this is a Rule 214 of the Commission’s Rules of 8230 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Practice and Procedure (18 CFR The locations of these facilities are the comments received during the 385.214) attached as appendix 2. shown in appendix 1.2 scoping process, the EA may be The date for filing timely motions to published and mailed to Federal, State, Land Requirements for Construction intervene in this proceeding has passed. and local agencies, public interest Therefore, parties now seeking to file The proposed loops would be built groups, interested individuals, affected late interventions must show good adjacent to existing pipeline rights-of- landowners, newspapers, libraries, and cause, as required by § 385.214(b)(3), way (ROW). The construction ROW the Commission’s official service list for why this time limitation should be would typically be 75 feet wide this proceeding. A comment period will waived. Environmental issues have been consisting of a 50-foot-wide permanent be allotted for review if the EA is viewed as good cause for late ROW and a 25-foot-wide temporary published. We will consider all intervention. You do not need ROW. Following construction, the comments on the EA before we intervenor status to have your scoping disturbed area would be restored and recommend that the Commission comments considered. the 25 feet of temporary ROW would be approve or not approve the project. Additional information about the allowed to revert to its former land use. proposed project is available from Mr. Currently Identified Environmental John Wisniewski, EA Project Manager, The EA Process Issues at (202) 208–1073. The National Environmental Policy We have already identified several Lois D. Cashell, Act (NEPA) requires the Commission to issues that we think deserve attention Secretary. take into account the environmental based on a preliminary review of the [FR Doc. 95–3466 Filed 2–10–95; 845 am] impacts that could result from an action proposed facilities and the BILLING CODE 6717±01±M whenever it considers the issuance of a environmental information provided by Certificate of Public Convenience and East Tennessee. Keep in mind that this Necessity. NEPA also requires us to is a preliminary list; the list of issues [Docket No. CP95±118±000] discover and address concerns the will be added to, subtracted from, or public may have about proposals. We changed based on your comments and East Tennessee Natural Gas Co.; Intent call this ‘‘scoping’’. The main goal of the our own analysis. Issues are: To Prepare an Environmental scoping process is to focus the analysis • One wetland (palustrine forested/ Assessment for the Proposed Roanoke in the EA on the important scrub-shrub/emergent) and six small Expansion Project and Request for environmental issues. By this Notice of perennial streams would be affected. Comments on Environmental Issues Intent, the Commission requests public • There is one residence and one February 7, 1995. comments on the scope of the issues it cemetery located within 50 feet of the will address in the EA. All comments construction ROW. The staff of the Federal Energy • Regulatory Commission (FERC or the received are taken into account during There may be additional noise Commission) will prepare an the preparation of the EA. State and impact on nearby noise-sensitive areas environmental assessment (EA) that will local government representatives are from the uprate in compression at discuss the environmental impacts of encouraged to notify their constituents Compressor Station 3110. the construction and operation of the of this proposed action and encourage Public Participation facilities proposed in the Roanoke them to comment on their areas of You can make a difference by sending Expansion Project.1 This EA will be concern. a letter with your specific comments or used by the Commission in its decision- The EA will discuss impacts that concerns about the project. You should making process to determine whether an could occur as a result of the focus on the potential environmental environmental impact statement is construction and operation of the effects of the proposal, alternatives to required and whether or not to approve proposed project under these general the proposal (including alternative the project. headings: • Geology and soils routes), and measures to avoid or lessen Summary of the Proposed Project • Water resources, fisheries, and environmental impact. The more East Tennessee Natural Gas Company wetlands specific your comments, the more useful (East Tennessee) wants Commission • Vegetation and wildlife they will be. Please follow the authorization to construct and operate • Endangered and threatened species instructions below to ensure that your 5.2 miles of pipeline loop to provide • Land use comments are received and properly • Cultural resources recorded: Roanoke Gas Company, in Roanoke, • Virginia, with up to 9,789 decatherms • Hazardous waste Address your letter to: Lois Cashell, per day of continued firm transportation • Air quality and noise Secretary, Federal Energy Regulatory service. East Tennessee’s proposed We will also evaluate possible Commission, 825 North Capitol St., alternatives to the proposed project or N.E., Washington, D.C. 20426; facilities would consist of: • • 5.2 miles of 12-inch-diameter loops portions of the project, and make Reference Docket No. CP95–118– recommendations on how to lessen or 000; in Washington county, Virginia (3.06 • miles of loop between milepost (MP) avoid impacts on the various resource Send a copy of your letter to: 3311–1+0.04 and MP 3311–1+3.10 and areas. Mr. John Wisniewski, EA Project 2.14 miles of loop between MP 3310– Our independent analysis of the Manager, Federal Energy Regulatory 1+8.82 and MP 3310–1+10.96); and issues will be in the EA. Depending on Commission, 825 North Capitol St., N.E. • A 980-horsepower uprate of Room 7312, Washington, D.C. 20426; 2 and existing compressor units at East The appendices referenced in this notice are not • Tennessee’s Compressor Station 3110 in being printed in the Federal Register. Copies are Mail your comments so that they Wartburg, Morgan County, Tennessee. available from the Commission’s Public Reference will be received in Washington, D.C. on and Files Maintenance Branch, Room 3104, 941 or before March 10, 1995. North Capitol Street, N.W., Washington, D.C. 20426, If you wish to receive a copy of the 1 East Tennessee Natural Gas Company’s or call (202) 208–1371). Copies of the appendices application was filed with the Commission under were sent to all those receiving this notice in the EA, you should request one from Mr. section 7 of the Natural Gas Act. mail. Wisniewski at the above address. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8231 Becoming an Intervenor 107,600 million British thermal units impacts that could result from an action In addition to involvement in the EA per day of natural gas to four local whenever it considers the issuance of a scoping process, you may want to distribution companies and one electric Certificate of Public Convenience and become an official party to the cogeneration plant. Northern requests Necessity. NEPA also requires us to proceeding or become an ‘‘intervenor’’. Commission authorization, in Docket discover and address concerns the Among other things, intervenors have No. CP95–130–000, to construct and public may have about proposals. We the right to receive copies of case- operate the following facilities needed call this ‘‘scoping’’. The main goal of the related Commission documents and to transport those volumes: scoping process is to focus the analysis in the EA on the important filings by other intervenors. Likewise, Phase I Facilities (1995) environmental issues. By this Notice of each intervenor must provide copies of • its filings to all other parties. If you 6,000 horsepower (hp) of electric Intent, the Commission requests public want to become an intervenor you must motor-driven compression at the new comments on the scope of the issues it file a Motion to Intervene according to Hubbard Compressor Station in Hardin will address in the EA. All comments Rule 214 of the Commission’s Rules of County, Iowa; received are considered during the • Modification and repiping of the Practice and Procedure (18 CFR preparation of the EA. State and local existing Waterloo Compressor Station in 385.214) attached as appendix 2. government representatives are The date for filing timely motions to Black Hawk County, Iowa; encouraged to notify their constituents • 14,000 hp of gas turbine-driven intervene in this proceeding has passed. of this proposed action and encourage Therefore, parties now seeking to file compression at the new Earlville them to comment on their areas of late interventions must show good Compressor Station in Delaware County, concern. cause, as required by § 385.214(b)(3), Iowa; The EA will discuss impacts that • A new Quad Cities town border why this time limitation should be could occur as a result of the station (TBS) in Dubuque County, Iowa waived. Environmental issues have been construction and operation of the for deliveries to the Iowa-Illinois Gas viewed as good cause for late proposed project under these general and Electric Company; intervention. You do not need headings: • Modification of the existing Galena intervenor status to have your scoping • Geology and soils Compressor Station in Jo Daviess comments considered. • Water resources, fisheries, and County, Illinois; Additional information about the 3 • Modification of the existing Beloit wetlands proposed project is available from Mr. • TBS near Beloit, Rock County, Vegetation and wildlife John Wisniewski, EA Project Manager, • Wisconsin for deliveries to the Endangered and threatened species at (202) 208–1073. • Wisconsin Power and Light Company; Land use Lois D. Cashell, • Cultural resources and • Secretary. • A new LS Power TBS in Walworth Air quality and noise • [FR Doc. 95–3467 Filed 2–10–95; 8:45 am] County, Wisconsin for Deliveries to the Hazardous waste BILLING CODE 6717±01±M LS Power-Whitewater Limited We will also evaluate possible Partnership (LS Power). alternatives to the proposed project or portions of the project, and make [Docket No. CP95±130±000] Phase II Facilities (1996) recommendations on how to lessen or • Northern Natural Gas Co.; Intent To 3,200 hp of compression (two avoid impacts on the various resource Prepare an Environmental Assessment 1,600-hp gas turbine-driven areas. for the Proposed East Leg Expansion compressors) at the new Belleville Our independent analysis of the issue Project and Request for Comments on Compressor Station in Green County, will be in the EA. Depending on the Environmental Issues Wisconsin. comments received during the scoping The general location of the project process, the EA may be published and February 7, 1995. facilities and specific locations for mailed to Federal, state, and local The staff of the Federal Energy facilities on new sites are shown in agencies, public interest groups, Regulatory Commission (FERC or the appendix 1.2 interested individuals, affected Commission) will prepare an landowners, newspapers, libraries, and Land Requirements for Construction environmental assessment (EA) that will the Commission’s official service list for discuss the environmental impacts of Construction of the proposed facilities this proceeding. A comment period will the construction and operation of the would require about 26.9 acres of land. be allotted for review if the EA is facilities proposed in the East Leg Following construction about 8.6 acres published. We will consider all Expansion Project.1 This EA will be would be maintained as new above- comments on the EA before we used by the Commission in its decision- ground facility sites. The remaining 18.3 recommend that the Commission making process to determine whether an acres of land would be restored and approve or not approve the project. allowed to revert to its former use. environmental impact statement is Currently Identified Environmental necessary and whether to approve the The EA Process Issues project. The National Environmental Policy We have already identified several Summary of the Proposed Project Act (NEPA) requires the Commission to issues that we think deserve attention Northern Natural Gas Company take into account the environmental based on a preliminary review of the (Northern) wants to expand the capacity proposed facilities and the of its facilities in Iowa, Illinois and 2 The appendices referenced in this notice are not environmental information provided by being printed in the Federal Register. Copies are Wisconsin to transport an additional available from the Commission’s Public Reference Northern. Keep in mind that this is a and Files Maintenance Branch, Room 3104, 941 1 Northern Natural Gas Company’s application North Capitol Street, N.E., Washington, D.C. 20426, 3 According to the applicant, the project will not was filed with the Commission under Section 7 of or call (202) 208–1371. Copies of the appendices affect any waters of the United States. We will repot the Natural Gas Act and Part 157 of the were sent to all those receiving this notice in the any potential impacts, or their absence, under this Commission’s regulations. mail. heading. 8232 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices preliminary list. The list of issues may intervenor status to have your scoping Panel will continue to provide advice to be added to, subtracted from, or comments considered. the Director of Energy Research, on changed based on your comments and Additional information about the long-range planning and priorities in the our analysis. Issues are: proposed project is available from Mr. national high energy physics program. • Eight federally listed endangered or Jeff Gerber, EA Project Manager, at (202) The Secretary of Energy has threatened species may occur in the 208–1121. determined that renewal of the Panel is proposed project area. Lois D. Cashell, essential to the conduct of the • A total of 8.6 acres of agricultural Secretary. Department’s business and in the public land, including a total of 3.2 acres of [FR Doc. 95–3468 Filed 2–10–95; 8:45 am] interest in connection with the prime farmland soils, would convert to BILLING CODE 6717±01±M performance of duties imposed upon the industrial use. Department of Energy by law. The Panel Public Participation will continue to operate in accordance [Docket Nos. CP93±361±000 CP93±361±001] with the provisions of the Federal You can make a difference by sending SunShine Interstate Transmission Co.; Advisory Committee Act, the a letter addressing your specific Department of Energy Organization Act comments or concerns about the project. Suspension of Environmental Review Process for the Sitco/Sunshine Project (Public Law 95–91), and rules and You should focus on the potential regulations issued in implementation of environmental effects of the proposal, February 7, 1995. those Acts. alternatives to the proposal (including The Preliminary Determination issued Further information regarding this alternative locations), and measures to May 25, 1994, states that the Federal Panel may be obtained from Marsha avoid or lessen environmental impact. Energy Regulatory Commission Marsden at (301) 903–4140. The more specific your comments, the (Commission) intends to prepare one more useful they will be. Please follow Issued in Washington, D.C. on February 8, Environmental Impact Statement (EIS) 1995. the instructions below to ensure that which examines the environmental JoAnne Whitman, your comments are received and impacts of both SunShine Interstate properly recorded: Transmission Company’s (SITCO) and Deputy Advisory Committee Management • Officer. Address your letter to: Lois Cashell, SunShine Pipeline Company’s Secretary, Federal Energy Regulatory (SunShine) facilities. The Commission [FR Doc. 95–3530 Filed 2–10–95; 8:45 am] Commission, 825 North Capitol St., staff now notifies all parties that we are BILLING CODE 6450±01±M N.E., Washington, D.C. 20426; suspending environmental review. In a • Reference Docket No. CP95–130– December 9, 1994 filing SITCO: 000; • States that it is studying a proposed • Send a copy of your letter to: Mr. amendment to its application which ENVIRONMENTAL PROTECTION Jeff Gerber, EA Project Manager, Federal would reduce the length of the SITCO AGENCY (EPA) Energy Regulatory Commission, 825 portion of the project. SITCO states that North Capitol St., N.E., Room 7312, any amendment would be filed by May [FRL±5153±5] Washington, D.C. 20426; and • 1, 1995; Mail your comments so that they • Proposes a preferred schedule Gulf of Mexico Program Management will be received in Washington, D.C. on which contemplates start up of the EIS Committee Meeting or before March 13, 1995. in November 1995; and AGENCY: U.S. Environmental Protection If you wish to receive a copy of the • Indicates that because of the needs Agency (EPA). EA, you should request one from Mr. of its customers, SITCO and SunShine Gerber at the above address. now propose a pipeline in-service date ACTION: Notice of Meeting of the Becoming an Intervenor of January 1998, rather than in 1996. Management Committee of the Gulf of The Commission staff will issue a Mexico Program. In addition to involvement in the EA Notice of Intent to Prepare an EIS at an scoping process, you may want to appropriate time in the future. SUMMARY: The Gulf of Mexico Program’s become an official party to the Management Committee will hold a proceeding or become an ‘‘intervenor’’. Lois D. Cashell, Secretary. meeting at the Ramada Inn, 798 E. 1–10 Among other things, intervenors have Service Road, Slidell, Louisiana. the right to receive copies of case- [FR Doc. 95–3463 Filed 2–10–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: related Commission documents and BILLING CODE 6717±01±M filings by other intervenors. Likewise, Dr. Douglas Lipka, Acting Director, Gulf each intervenor must provide copies of of Mexico Program Office, Building its filings to all other parties. If you Office of Energy Research 1103, Room 202, John C. Stennis Space want to become an intervenor you must Center, Stennis Space Center, MS High Energy Physics Advisory Panel; 39529–6000, at (601) 688–3726. file a motion to intervene according to Renewal Rule 214 of the Commission’s Rules of SUPPLEMENTARY INFORMATION: A meeting Practice and Procedure (18 CFR Pursuant to Section 14(a)(2)(A) of the of the Management Committee of the 385.214) attached as appendix 2. Federal Advisory Committee Act and in Gulf of Mexico Program will be held The date for filing of timely motions accordance with title 41 of the Code of March 7, 1995, at the Ramada Inn, 798 to intervene in this proceeding has Federal Regulations, Section 101– E. I–10 Service Road, Slidell, LA. The passed. Therefore, parties now seeking 6.1015(a)(1), and following consultation committee will meet from 8:30 to 4:30 to file late interventions must show with the Committee Management p.m. Agenda items will include: Federal good cause, as required by Secretariat, General Services Participation Agreement Follow-up § 385.214(b)(3), why this time limitation Administration, notice is hereby given Planning; 1995 Symposium Preparation; should be waived. Environmental issues that the High Energy Physics Advisory FY 96 Funding Process; Measures of have been viewed as good cause for late Panel has been renewed for a two-year Environmental Success; and intervention. You do not need period beginning in January 1995. The International Partnerships. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8233 The meeting is open to the public. Dated: January 31, 1995. within two weeks of this notice; if you Douglas A. Lipka, A. Robert Flaak, intend to submit comments but are Acting Director, Gulf of Mexico Program. Acting Staff Director, Science Advisory Board. unable to meet this deadline, please [FR Doc. 95–3518 Filed 2–10–95; 8:45 am] [FR Doc. 95–3517 Filed 2–10–95; 8:45 am] advise by telephone that comments will BILLING CODE 6560±50±M BILLING CODE 6560±50±M be submitted late. Dated: February 6, 1995. Tamzen C. Reitan, [FRL±5153±6] EXPORT-IMPORT BANK OF THE Agency Clearance Officer. UNITED STATES [FR Doc. 95–3448 Filed 2–10–95; 8:45 am] Science Advisory Board [Public Notice 22] BILLING CODE 6690±01±M Environmental Health Committee; Agency Forms Submitted for OMB Preliminary AnnouncementÐDioxin Review Reassessment Review FEDERAL MARITIME COMMISSION AGENCY: Export-Import Bank of the [Docket No 94±20] Under Public Law 92–463, notice is United States. hereby given that the Environmental ACTION: In accordance with the Cancellation of Tariffs for Failure To Health Committee (EHC) and the Indoor provisions of the Paperwork Reduction Comply With Automated Tariff Filing Air Quality/Human Exposure Act of 1980, Eximbank has submitted a and Information System (``ATFI'') Filing Committee (IAQC) of the Science proposed collection of information in Requirements Advisory Board (SAB) will meet jointly the form of a survey to the Office of By Order published in the Federal during the time period of late March to Management and Budget for review. mid-April 1955 (specific date to be Register (59 F.R. 52165) on October 14, announced later) to review EPA’s PURPOSE: The proposed Survey of 1994, (‘‘October Order’’), the reassessment of 2,3,7,8-TCDD, dioxin. Eximbank Competitiveness (1995) to Commission directed 243 carriers, Information on the relevant documents Exporters and Banks as authorized by 12 conferences and marine terminal may be found in FRL5070–7 (Federal U.S.C. 635(b), Export-Import Bank of the operators to show cause why the Register, Vol. 59, 176, page 46980, United States Act of 1945, as amended, Commission should not cancel their September 13, 1994) which announced is to be completed by U.S. banks and tariffs or essential terms publications on the documents and provided ordering exporters familiar with Eximbank’s file in paper format. The parties named information. programs as a means of evaluating the as respondents to his proceeding had The purpose of this announcement is private sector’s view on the extent to failed to cancel their essential terms to identify members of the public which Eximbank has provided export publication and/or failed to convert wishing to make oral comments at the credit programs competitive with the their tariffs to ATFI format. This action meeting and allow the SAB to plan export credit programs offered by the was taken pursuant to section 8 of the sufficient time to accommodate these major foreign OECD governments. Shipping Act of 1984, 46 U.S.C. app comments. This will be the only The collection of the information will § 1707, the Commission’s regulations opportunity to register to make such enable Eximbank to assess and report to implementing ATFI at 46 C.F.R. Part comments at the meeting. The Science the U.S. Congress the private sector’s 514, and Supplemental Reports Nos. 2, 1 Advisory Board expects that the public view of its programs’ competitiveness, 3 and 4 issued in Docket No. 90–23, statements presented at its meetings will as required by law. Notice of Inquiry on Ocean Freight Tariffs in Foreign and Domestic not be repetitive of previously SUMMARY: The following summarizes the Offshore Commerce (Automated Tariff submitted written statements. In information collection proposal Filing and Information System). general, each individual or group submitted to OMB. Written responses were received from making an oral presentation will be (1) Type of request: revised limited to a total time of ten minutes. or on behalf of 45 parties. The responses (2) Number of forms submitted: one of 24 carriers, conferences or marine Anyone wishing to make a presentation (3) Form Number: EIB 85–3 (Rev. 12/92) terminal operators requested that the at the meeting should forward a written (4) Title of information collection: tariffs or essential terms publications statement (50 copies) to Mr. Samuel Survey of Eximbank subject to the October Order be Rondberg, Designated Federal Official, Competitiveness (1994) to Exporters cancelled or stated that cancellations at the Science Advisory Board (1400F), and Banks had been issued.2 The responses of 13 U.S. Environmental Protection Agency, (5) Frequency of use: annual 401 M Street, SW., Washington, DC (6) Respondents: Commercial banks and 1 Supplemental Report No. 2, served August 4, 20460 by March 10, 1995. Persons exporters in the United States 1992; Supplemental Report No. 3 (57 Fed. Reg. desiring to submit written materials for (7) Estimated total number of annual 59,999) and Supplemental Report No. 4 (58 Fed. consideration by the Committees, but responses: 25 Reg. 31,522) advised carriers that failure to convert who do not wish to make an oral (8) Estimated total number of hours tariffs to ATFI format by the scheduled filing dates presentation may do so (provide 50 needed to fill out the form: 25 would subject them to show cause proceedings. Moreover, section 502(b)(1) of Public Law 102– copies) at any time prior to the meeting. ADDITIONAL INFORMATION OR COMMENTS: 582 (‘‘P.L. 102–582’’) requires all tariffs and Mr. Rondberg may be reached via Copies of the proposed application may essential terms of service contracts filed with the telephone at (202) 260–2559, via be obtained from Tamzen C. Reitan, Commission to be in electronic format. 2 Internet to These are: ADM/Growmark River System, Inc.; Agency Clearance Officer, (202) 565– American Africa Europe Line GmBH; Australia- [email protected], by 3333. Comments and questions should Eastern U.S.A. Shipping Conference; Baltimore facsimile to (202) 260–7118. Those be directed to Mr. Jeff Hill, Office of Forest Products Terminals, Concorde Line Central persons submitting statements for oral Management and Budget, Information American Service; Continental North Atlantic presentation will be notified of the Westbound Freight Conference; Cool Carriers and Regulatory Affairs, Room 10102, (Svenska) AB; D.B. Turkish Cargo Lines; Dole fresh specific meeting date by the SAB as Washington, DC 20503, (202) 395–3176. Fruit Company which has been renamed Dole soon as possible. All comments should be submitted Continued 8234 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices carriers and marine terminal operators Transportaton Services, Inc. named American Transport Lines, Inc. stated that ATFI tariffs had been filed four carriers that it previously Anchor Container Services Company prior to the issuance of the October represented and stated that it believed Aremar C.I.F.S.A. Order.3 Commission records conform that these firms are out of business.7 Arpin International Group Arrowpac, Inc. that ATFI tariffs are now on file for The name carriers did not otherwise Associated Container Transportation these parties. Nine other carriers and respond to the October order. (Australia) Limited marine terminal operators filed ATFI One response was received from a Atlantic Land and Improvement Company, tariffs subsequent to the issuance of the person maintaining the post office box The Atlantik Express Linie Thien & October Order.4 Five respondents of one of the respondents, Osborne Heyenga Schiffaharts GmbH & Co. cancelled their tariffs without otherwise Truck Line, Inc. and stated that the Australia-Pacific Coast Rate Agreement submitting written responses in this respondent is no longer at that address B.C.R. Line proceeding.5 One carrier’s tariff was and could not be located. Another Bangladesh Shipping Corporation CBSL-U.S. Med Line Limited cancelled for failure to maintain active response was received from a firm Bernuth Lines Ltd. evidence of non-vessel-operating stating that it had unsuccessfully Bim Enterprises, Ltd. common carrier financial attempted to forward the October Order Binkley Company, the responsibility.6 These carriers, to Container Express Lines Inc., but was Blue Caribe Line, Ltd. conferences and marine terminal unable to locate its current address. Blue Star Line Ltd. operators will be dismissed from this None of the carriers, conferences and Bluefields Marine Ltd. proceeding. marine terminal operators referred to Boston Docks Services Association Other responses to the October Order above have shown good cause why their Bulkstar Shipping Corporation merely provided further information but paper-format tariffs or essential terms Capital Maritime Terminal Central America Shippers, Inc. did not cancel their paper-format tariffs publications should not be cancelled. Central American Container Line or essential terms. Distribution Accordingly the tariffs published by Char Ching Marine Company, Ltd. Publications, Inc. responded on behalf these carriers will be cancelled. Charles, Willmore A. of Parr Terminal Railroad and stated The 191 carriers, conferences and Chicksaw Terminal Corporation that this firm is not a marine terminal marine terminals listed in Appendix A Chipman Corporation operator subject to the Commission’s that did not respond to the October City Marine Terminal, Inc. tariff filing requirements and that the Order and that did not comply with Coastal Stevedoring Company tariff had been filed for informational ATFI tariff filing requirements also will Columbus River Transportation Center purposes only. have their paper tariffs or essential Companhia De Navegacao Lloyd Brasileiro South Europe American Conference Compania Trasatlantica Espanola, S.A. terms publications cancelled. Connecticut Terminal Company, Inc. Responded on behalf of the Greece The 52 carriers, conferences and Consorcio Naviero Del Occidente, C.A. Westbound Conference stating that it maine terminal operators listed in Container Express Lines Inc. believed the October Order referred to Appendix B that have complied with Container Services of Washington, Inc. the Greece/USA Rate Agreement which the filing requirements or that have Container Services, Inc. had been disbanded. This does not cancelled their tariffs will be dismissed Contract Marine Carriers, Inc. appear to be correct. The Commission from this proceeding. Convoy Intercontinental Container Transport has on file an essential terms Therefore, it is ordered that the paper GmbH & Co., KG publication published on behalf of tariffs or essential terms publications for Costa Container Lines Agreement No. 202–009238, the the carriers, conferences or marine Cottman Company, the Crescent Western Warehouse Company assigned agreement number for the terminal operators identified in CSX/Sea-Land Logistics, Inc. Greece Westbound Conference. Appendix A to this Order are cancelled Distribution-Warehousing, Inc. effective five days from publication of Empresa Maritima, S.A.—Chile Ocean Liner Express; Gateways International, Inc.; this Order in the Federal Register. Empresa Naviera Santa, S.A. Hapag-Lloyd, A.G.; Lauritzen Reefers A./S; Mares It is further ordered, that the parties Energy Resources—Imports & Exports, Inc. Transport; Navieros Interamericanos, S.A.; Mobile listed in Appendix B to this Order are Euro-Gulf International, Inc. River Terminal Company; Nissui Shipping Family Islands Shipping Company Ltd. Corporation; North Atlantic Westbound Freight dismissed from this proceeding. FEDNAV (USA) Inc. Association; Pacific Ocean Express, Inc; By the Commission. Scandinavia Baltic U.S. North Atlantic Freight FEDNAV Lakes Services, Inc. Conference; South and East Africa/USA Conference; Joseph C. Polking, Flagship Container Line, Inc. Southern Freight Tariff Bureau; Traffic Executive Secretary. Forward Marine Inc. Assoc.—Eastern Railroad; United Arab Shipping Fourchon Int’l Shipping Inc. Company (S.A.G.); and Wolfgang Jobmann GmBH. Appendix A Gateway Service Center, Inc. 3 These are: Air & Sea Inc.; Ben Federico Freight A/S Dampskibsselskabet Torm Gearbulk Container Services Consolidator, Inc.; Container Management, Inc.; Able Warehousing Gearbulk Ltd. Dorick Navigation, S.A.; Inter-Shipping Chartering Georgia-Pacific Corporation Co.; Island Shipping and Trading Ltd.; Jackson Aegis Logistic System, Inc. Shipping, Inc.; Portuguese American Export Line, Agrex Incorporated Godchaux-Henderson Terminal Inc.; Sea-Barge Inc.; Sunshine Express Line Inc.; Airport Brokers Corporation Great Lakes Transcaribbean Line Limited Top Freight Systems, Inc,.; Universal Alco Ltd.; and Alliance Navigation Line Inc. Great Western Unifreight System Y II Shipping Company Limited. Allied Pickfords U.S.A., Inc. Greece Westbound Conference 4 These are: Alaska Cargo Transport, Inc.; Amazon Lines Limited Guarani Line Limited Centroline, Inc.; Imex Shipping Group, Inc.; America Russia Turkey Ocean Navigation Gulf & Mexico Shipping Lines, Inc. Jacksonville Caribbean Broker Services, Inc.; Omega Shipping Lines Gulf European Freight Association Shipping (CA), Inc.; Savannah Sound Maritime American Automar, Inc. Gulf Florida Terminal Company Company Limited; Sesko Marine Trailers, Inc.; Gulf Motorships, Inc. Tientsin Marine Shipping Company and Westvaco American Container Transport, Inc. Corporation. American Contract Freight Line, Ltd. H & A Trading Company, Inc. 5 These are: Midwest Machinery Movers, Inc.; American Transport Line, Ltd. Hale Shipping Corporation Trans-Atlantic American Flag Liner Operators; Seth Heide Warehouse Company Shipping Corp.; Southern Oceans Container Line 7 These are: Empresa Naviera Santa, S.A.; Guarani Horizons Shipping and Trading Ltd. Inc. Limited; and Compagnie Maritime Marfret. Line Limited; Principal Lines, Ltd. and Vencaribe, Hugo Stinnes Schiffahrt GmbH 6 This is: Frata Container Lines Pte. Ltd. C.A. IML Freight, Inc. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8235 Inagua Lines Inc. Southwest Forest Industries Portuguese American Export Line, Inc. Incotrans BV Southwestern Freight Bureau, Agent Savannah Sound Maritime Company Limited The Inter-American Freight Conference— St. Joe Stevedoring Company Scandinavia Baltic U.S. North Atlantic Pacific Coast Area St. Lucie Terminal Company, Inc. Freight Conference Iowa Trader L.P. Staten Island Operating, Inc. Sea-Barge, Inc. Jebsen New Zealand Line Stockton Elevators Sesko Marine Trailers, Inc. Jet Pac Corporation Stolt Terminals (Chicago) Inc. Seth Shipping Corp. Johnson Scanstar Strachan Shipping Company South and East Africa/USA Conference Johnson Shipping Agency, Inc. Sunshine Express Line, Inc. Southern Freight Tariff Bureau Kimberly Navigation Company Ltd. Superior Assembly & Distribution Center, Southern Oceans Container Line Limited KKL (Kangaroo Line) Pty., Ltd. Inc. Sunshine Express, Inc. Knik Construction Co., Inc. Surinam Navigation Co. Tientsin Marine Shipping Company Land Link, Ltd. SWF Gulf Coast, Inc. Top Freight Systems, Inc. Lineas Navieras Bolivianas S.A.M. Sylvan Shipping Company, Inc. Traffic Executive Assoc.—Eastern Railroads (LINABOL) Tampa Bay Shipping Ltd. Trans-Atlantic American Flag Liner Little Rock Terminal Company Tangi Trans-port, Inc. Operators Malaysia Pacific Rate Agreement Tecomar, S.A. United ARAB Shipping Company (S.A.G.) Manufacturers Export Service, Inc. Thames Shipping, Ltd. Universal ALCO LTD. Marcella Shipping Company Thriftcargo Florida, Inc. Westvaco Corporation Maritima Aragua, S.A. Trailer Marine Transport Corporation Wolfgang Jobmann GmbH MB Canadian Tropic Line Trans Caribbean Terminal, Co. Y II Shipping Company Limited Mediterranean Shipping Company S.A. Trans Pacific Freight Conference of Hong [FR Doc. 95–3444 Filed 2–10–95; 8:45 am] MFP St. Elmo and Myrtle Grove Terminal Kong Elevators Transocean Marine, Inc. BILLING CODE 6730±01±M Miami International Container Freight Tri-Seas Marine Terminal, Inc. Station U.S. Atlantic/Italy, France & Spain Freight Miami Marine Terminal Corporation Conference FEDERAL RESERVE SYSTEM Naviera Del Pacifico C.A. United States/Colombia Conference Naviera Lavinel C.A. Unico Shipping Company Firstar Corporation; Formation of, Naviera Mercante C.A. United Grain Corporation Acquisition by, or Merger of Bank Naviera Neptuno, S.A. Universal Shipping Terminal, Inc. Holding Companies Naviera Universal, S.A. (Uniline) V.I. Ferries Incorporated Naviera Venline C.A. Vencaribe C.A. The company listed in this notice has Nedlloyd Lijnen B.V. Venezuela Transport Line, Incorporated applied for the Board’s approval under Nexos Line, Inc. Victoria Shipping Line, Inc. section 3 of the Bank Holding Company Nichiro Corporation Volkswagen of America, Inc. Act (12 U.S.C. 1842) and § 225.14 of the Northern Shipping Company Westlake Harbor Terminals, Inc. Board’s Regulation Y (12 CFR 225.14) to Ocean Express Lines, Inc. Zim Isreal Navigation Co., Ltd. Ocean Steamship (Nigeria) Ltd. become a bank holding company or to Ocean Trading & Marine Terminals S.A. Appendix B acquire a bank or bank holding Osborne Truck Line, Inc. ADM/Growmark River System, Inc. company. The factors that are P.T. Moges Shipping Co. Ltd. Air & Sea Inc. considered in acting on the applications Pacific Commerce Lines Inc. Alaska Cargo Transport, Inc. are set forth in section 3(c) of the Act Pacific Europe Express America Africa Europe Line GmbH (12 U.S.C. 1842(c)). Pacific Great Lakes Transport Australia-Eastern U.S.A. Shipping The application is available for Pan Caribbean Freight Consolidators, Inc. Conference immediate inspection at the Federal Parker Warehouse, Inc. Baltimore Forest Products Terminals Reserve Bank indicated. Once the Parr Terminal Railroad Ben Federico Freight Consolidator, Inc. application has been accepted for Pegasus (N.Y.) Inc. Gentroline, Inc. Pier Haulage, Inc. Compagnie Maritime Marfret processing, it will also be available for Pioneer Shipping, Inc. Concorde Line Central American Service inspection at the offices of the Board of Port Covington Grain Elevator Container Management, Inc. Governors. Interested persons may Port of Galena Park Corporation Continental North Atlantic Westbound express their views in writing to the Prairie Maritime Corporation Freight Conference Reserve Bank indicated for that Principal Lines, Ltd. Cool Carriers (Svenska) AB application or to the offices of the Board Prudential Lines, Inc. D.B. Turkish Cargo Lines of Governors. Any comment on an Rainier Overseas Movers, Inc. Dole Fresh Fruit Company application that requests a hearing must Ranvar Corporation Dorick Navigation, S.A. include a statement of why a written Reserve Elevator Corporation Frata Container Liner PTE. LTD. Rokuchu Marine Corporation Gateways International, Inc. presentation would not suffice in lieu of Ryder/PE Nationwide Inc. Hapag-Lloyd, A.G. a hearing, identifying specifically any S.T.S. Inc. Imex Shipping Group, Inc. questions of fact that are in dispute and Salem Marine Terminal Corporation Inter-Shipping Chartering Co. summarizing the evidence that would Salt Lake Container Freight Station Island Shipping and Trading, Inc. be presented at a hearing. Sea Terminal Inc. Jackson Shipping, Inc. Comments regarding this application Sea-Alaska Terminal, Inc. Jacksonville Caribbean Broker Services, Inc. must be received not later than March Seaboard Caribe Ltd. Lauritzen Reefers A/S 9, 1995. Seaport of Chicago Mares Transport A. Federal Reserve Bank of Chicago Sentry Household Shipping, Inc. Midwest Machinery Movers, Inc. (James A. Bluemle, Vice President) 230 Shawneetown, Illinois, Port of Mobile River Terminal Company Societe Ivoirienne De Transport Maritime Navieros Interamericanos, S.A. South LaSalle Street, Chicago, Illinois (SITRAM) Nissui Shipping Corporation 60690: Societe Navale Et Commerciale Delmas- North Atlantic Westbound Freight 1. Firstar Corporation, Milwaukee, Vieljeux and America-Africa Europe Line Association Wisconsin; and Firstar Corporation of GmbH, Joint Service Omega Shipping (CA), Inc. Wisconsin, Milwaukee, Wisconsin, to South River Terminal Company Pacific Ocean Express, Inc. acquire 100 percent of the voting shares 8236 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices of Firstar Credit Card Bank, N.A., 1. Jamestown Union Bancshares, Inc., (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Gurnee, Illinois, a de novo bank. Jamestown, Tennessee; to engage de or applies sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45, 52) Board of Governors of the Federal Reserve novo through its finance company System, February 7, 1995. subsidiary, Jamestown Loan & Thrift Donald S. Clark, Jennifer J. Johnson, Co., Jamestown, Tennessee, in credit- Secretary. Deputy Secretary of the Board. related insurance agency activities, [FR Doc. 95–3539 Filed 2–10–95; 8:45 am] pursuant to Sections 225.25(b)(8)(i) and BILLING CODE 6750±01±M [FR Doc. 95–3491 Filed 2–10–95; 8:45 am] (ii) of the Board’s Regulation Y. The BILLING CODE 6210±01±F proposed activity woll be conducted throughout the State of Tennessee. [Dkt. 9081] Jamestown Union Bancshares, Inc.; Board of Governors of the Federal Reserve Levi Strauss & Co.; Prohibited Trade Notice of Application to Engage de System, February 7, 1995. Practices and Affirmative Corrective novo in Permissible Nonbanking Jennifer J. Johnson, Actions Activities Deputy Secretary of the Board. AGENCY: [FR Doc. 95–3492 Filed 2–10–95; 8:45 am] Federal Trade Commission. The company listed in this notice has ACTION: Modifying order. filed an application under § 225.23(a)(1) BILLING CODE 6210±01±F of the Board’s Regulation Y (12 CFR SUMMARY: This order reopens a 1978 225.23(a)(1)) for the Board’s approval consent order that settled allegations under section 4(c)(8) of the Bank FEDERAL TRADE COMMISSION that the respondent had engaged in a Holding Company Act (12 U.S.C. number of anticompetitive practices, 1843(c)(8)) and § 225.21(a) of Regulation including fixing the resale prices at Y (12 CFR 225.21(a)) to commence or to [Dkt. C±2858] which retailers sold its products, and modifies the consent order by adding a engage de novo, either directly or California and Hawaiian Sugar provision to clarify that the order does through a subsidiary, in a nonbanking Company, et al.; Prohibited Trade not prohibit conduct by the respondent activity that is listed in § 225.25 of Practices and Affirmative Corrective that is necessary to form and operate Regulation Y as closely related to Actions banking and permissible for bank wholly-owned retail stores, or retail holding companies. Unless otherwise AGENCY: Federal Trade Commission. stores partially owned by the noted, such activities will be conducted respondent in lawful joint ventures. The ACTION: throughout the United States. Modifying order. Commission found that the respondent had satisfactorily met its burden of The application is available for SUMMARY: This order reopens a 1977 showing that changed conditions of fact immediate inspection at the Federal consent order that settled allegations required the modification. Reserve Bank indicated. Once the that the respondents deceptively application has been accepted for advertised that sugar derived from DATES: Consent order issued July 12, processing, it will also be available for Hawaiian sugar cane is different from or 1978. Modifying order issued December inspection at the offices of the Board of superior to other sugars, particularly 20, 1994.1 Governors. Interested persons may those derived from beets. This order FOR FURTHER INFORMATION CONTACT: express their views in writing on the modifies the consent order so that the Daniel Ducore, FTC/S–2115, question whether consummation of the respondents may make claims about Washington, DC 20580. (202) 326–2526. proposal can ‘‘reasonably be expected to objective differences in granulated SUPPLEMENTARY INFORMATION: In the produce benefits to the public, such as white sugars with respect to health, Matter of Levi Strauss & Co. The greater convenience, increased safety, nutritional quality, or purity, as prohibited trade practices and/or competition, or gains in efficiency, that long as it has competent and reliable corrective actions as set forth at 43 FR outweigh possible adverse effects, such evidence to substantiate such claims. 35262, are changed, in part, as indicated as undue concentration of resources, The Commission found that the public in the summary. decreased or unfair competition, interest warranted reopening and (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets conflicts of interests, or unsound modifying the 1977 order. banking practices.’’ Any request for a or applies sec. 5, 38 Stat. 719, as amended; hearing on this question must be DATES: Consent order issued January 6, 15 U.S.C. 45) accompanied by a statement of the 1977. Modifying order issued January Donald S. Clark, reasons a written presentation would 17, 1995.1 Secretary. not suffice in lieu of a hearing, FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–3540 Filed 2–10–95; 8:45 am] identifying specifically any questions of Justin Dingfelder or Robert Frisby, FTC/ BILLING CODE 6750±01±M fact that are in dispute, summarizing the S–4631, Washington, DC 20580. (202) evidence that would be presented at a 326–3017 or 326–2098. hearing, and indicating how the party [Dkt. C±3551] SUPPLEMENTARY INFORMATION: In the commenting would be aggrieved by Notations, Inc., et al.; Prohibited Trade approval of the proposal. Matter of California and Hawaiian Sugar Company, et al. The prohibited trade Practices, and Affirmative Corrective Comments regarding the application Actions must be received at the Reserve Bank practices and/or corrective actions as set indicated or the offices of the Board of forth at 42 FR 6800, are changed, in AGENCY: Federal Trade Commission. part, as indicated in the summary. Governors not later than February 27, ACTION: Consent order. 1995. A. Federal Reserve Bank of Atlanta 1 Copies of the Modifying Order and 1 (Zane R. Kelley, Vice President) 104 Commissioner Starek’s statement are available from Copies of the Modifying Order are available the Commission’s Public Reference Branch, H–130, from the Commission’s Public Reference Branch, Marietta Street, N.W., Atlanta, Georgia 6th Street and Pennsylvania Avenue NW., H–130, 6th Street and Pennsylvania Avenue, NW., 30303: Washington, DC 20580. Washington, DC 20580. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8237 SUMMARY: In settlement of alleged unfair acts and practices and unfair California, with its office and principal violations of federal law prohibiting methods of competition, this consent place of business located at 45365 unfair acts and practices and unfair agreement, accepted subject to final Northport Loop West, Fremont, methods of competition, this consent Commission approval, would prohibit, California 94538. order prohibits, among other things, a among other things, a California-based 2. Proposed respondent admits all the Pennsylvania company and its president company from falsely representing that jurisdictional facts set forth in the draft from misbranding any textile product by any of its computer peripheral products of complaint. mentioning or implying that the product had been rated, reviewed or endorsed by 3. Proposed respondent waives: contains a fiber without using the any person or publication, and from a. Any further procedural steps; generic fiber name required by the misrepresenting the results of any test, b. The requirement that the Textile Fiber Products Identification Act study or evaluation in connection with Commission’s decision contain a and the Federal Trade Commission marketing its computer peripheral statement of findings of fact and rules, or by mentioning or implying that equipment. The consent agreement also conclusions of law; and c. All rights to seek judicial review or it contains a fiber when it, in fact, does would require the respondent to possess otherwise to challenge or contest the not. The respondents also are required competent and reliable evidence to validity of the order entered pursuant to to file with the Commission a substantiate performance claims. continuing guaranty applicable to all this agreement. DATES: Comments must be received on 4. This agreement shall not become textile products they handle in the or before April 14, 1995. future. part of the public record of the ADDRESSES: Comments should be proceeding unless and until it is DATES: Complaint and Order issued directed to: FTC/Office of the Secretary, 1 accepted by the Commission. If this January 18, 1995. Room 159, 6th Street and Pennsylvania agreement is accepted by the FOR FURTHER INFORMATION CONTACT: Avenue NW., Washington, D.C. 20580. Commission, it, together with the draft Katharine Alphin, Atlanta Regional FOR FURTHER INFORMATION CONTACT: of complaint contemplated thereby, will Office, 1718 Peachtree Street NW., Matthew Gold or Jeffrey Klurfeld, San be placed on the public record for a Room 1000, Atlanta, GA. 30367. (404) Francisco Regional Office, Federal period of sixty (60) days and 347–4837. Trade Commission, 901 Market St., information in respect thereto publicly SUPPLEMENTARY INFORMATION: On Suite 570, San Francisco, CA 94103. released. The Commission thereafter Monday, October 31, 1994, there was (415) 744–7920. may either withdraw its acceptance of published in the Federal Register, 59 FR SUPPLEMENTARY INFORMATION: Pursuant this agreement and so notify the 54462, a proposed consent agreement to Section 6(f) of the Federal Trade proposed respondent, in which event it with analysis In the Matter of Notations, Commission Act, 38 Stat. 721, 15 U.S.C. will take such action as it may consider Inc., et al., for the purpose of soliciting 46 and Section 2.34 of the Commission’s appropriate, or issue and serve its public comment. Interested parties were Rules of Practice (16 CFR 2.34), notice complaint (in such form as the given sixty (60) days in which to submit is hereby given that the following circumstances may require) and comments, suggestions or objections consent agreement containing a consent decision, in disposition of the regarding the proposed form of the order to cease and desist, having been proceeding. order. filed with and accepted, subject to final 5. This agreement is for settlement No comments having been received, approval, by the Commission, has been purposes only and does not constitute the Commission has ordered the placed on the public record for a period an admission by proposed respondent of issuance of the complaint in the form of sixty (60) days. Public comment is facts, other than jurisdictional facts, or contemplated by the agreement, made invited. Such comment or views will be of violations of law as alleged in the its jurisdictional findings and entered considered by the Commission and will draft of complaint. an order to cease and desist, as set forth be available for inspection and copying 6. This agreement contemplates that, in the proposed consent agreement, in at its principal office in accordance with if it is accepted by the Commission, and disposition of this proceeding. Section 4.9(b)(6)(ii) of the Commission’s if such acceptance is not subsequently (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Rules of Practice (16 CFR 4.9(b)(6)(ii)). withdrawn by the Commission pursuant or apply sec. 5, 38 Stat. 719, as amended; 72 to the provisions of Section 2.34 of the Stat. 1717; 15 U.S.C. 45, 70) Agreement Containing Consent Order Commission’s Rules, the Commission Donald S. Clark, To Cease and Desist may, without further notice to proposed Secretary. The Federal Trade Commission respondent, (a) issue its complaint [FR Doc. 95–3541 Filed 2–10–95; 8:45 am] having initiated an investigation of corresponding in form and substance BILLING CODE 6750±01±M certain acts and practices of Orchid with the draft of complaint and its Technology, a corporation, (‘‘proposed decision containing the following order respondent’’), and it now appearing that to cease and desist in disposition of the [File No. 942 3029] the proposed respondent is willing to proceeding and (b) make information Orchid Technology; Proposed Consent enter into an agreement containing an public in respect thereto. When so Agreement With Analysis To Aid order to cease and desist from the use entered, the order to cease and desist Public Comment of the acts and practices being shall have the same force and effect and investigated, may be altered, modified or set aside in AGENCY: Federal Trade Commission. It is hereby agreed by and between the same manner and within the same ACTION: Proposed consent agreement. Orchid Technology, a corporation, by its time provided by statute for other duly authorized officer, and its attorney, orders. The order shall become final SUMMARY: In settlement of alleged and counsel for the Federal Trade upon service. Delivery by the U.S. violations of federal law prohibiting Commission that: Postal Service of the complaint and 1. Proposed respondent Orchid decision containing the agreed-to order 1 Copies of the Complaint and the Decision and to proposed respondent’s address as Order are available from the Commission’s Public Technology is a corporation organized, Reference Branch, H–130, 6th street & Pennsylvania existing and doing business under and stated in this agreement shall constitute Avenue NW., Washington, D.C. 20580. by virtue of the laws of the State of service. The proposed respondent 8238 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices waives any right it may have to any Trade Commission Act, do forthwith thirty (30) days prior to any proposed other manner of service. The complaint cease and desist from misrepresenting, change in the respondent such as may be used in construing the terms of in any manner, directly or by dissolution, assignment, or sale the order, and no agreement, implication, the existence, contents, resulting in the emergence of a understanding, representation, or validity, results, conclusions, successor corporation, the creation or interpretation not contained in the order interpretations or purpose of any test or dissolution of subsidiaries, or any other or the agreement may be used to vary or study. change in the corporation which may contradict the terms of the order. III affect compliance obligations arising 7. The proposed respondent has read under this Order. the proposed complaint and order It is further ordered that respondent VI contemplated hereby. The proposed Orchid Technology, a corporation, its respondent understands that once the successors and assigns, and its officers, It is further ordered that respondent order has been issued, it will be agents, representatives and employees, shall, within ten (10) days from the date required to file one or more compliance directly or through any corporation, of service of this Order upon it, reports showing that it has fully subsidiary, division or other device, in distribute a copy of this Order to each complied with the order. The proposed connection with the manufacturing, of its officers, agents, licensees, respondent further understands that it labelling, advertising, promotion, representatives, independent may be liable for civil penalties in the offering for sale, sale, or distribution of contractors, and employees involved in amount provided by law for each the Celsius Windows Accelerator, or the preparation and placement of violation of the order after it becomes other computer peripheral equipment, advertisements or promotional final. in or affecting commerce, as materials, or who is in communication ‘‘commerce’’ is defined in the Federal with customers or prospective Order Trade Commission Act, do forthwith customers, or who has any Definition cease and desist from making any responsibilities with respect to the representation, in any manner, directly subject matter of this Order. For purposes of this Order, the term or by implication, about the ‘‘computer peripheral equipment’’ shall performance or attributes of any such VII mean graphics cards, sound cards, product, unless such representation is It is further ordered that respondent adaptor cards, memory expansion cards, true and, at the time of making such or other hardware products that shall, within sixty (60) days from the representation, respondents possess and date of service of this Order upon them, enhance the capability and performance rely upon competent and reliable of personal computers. and at such other times as the evidence, which when appropriate must Commission may require, file with the I be competent and reliable scientific Commission a report, in writing, setting evidence, that substantiates such It is ordered that respondent Orchid forth in detail the manner and form in representation. For purposes of this Technology, a corporation, its which it has complied with this Order. provision, ‘‘competent and reliable successors and assigns, and its officers, scientific evidence’’ shall mean tests, Analysis of Proposed Consent Order To agents, representatives and employees, analyses, research, studies or other Aid Public Comment directly or through any corporation, evidence based on the expertise of subsidiary, division or other device, in The Federal Trade Commission has professionals in the relevant area, that connection with the manufacturing, accepted an agreement, subject to final has been conducted and evaluated in an labelling, advertising, promotion, approval, to a proposed consent order objective manner by persons qualified to offering for sale, sale or distribution of from respondent Orchid Technology, a do so, using procedures generally the Celsius Windows Accelerator, or California corporation. accepted in the profession to yield other computer peripheral equipment, The proposed consent order has been accurate and reliable results. in or affecting commerce, as placed on the public record for sixty ‘‘commerce’’ is defined in the Federal IV (60) days for reception of comments by interested persons. Comments received Trade Commission Act, do forthwith It is further ordered that for five (5) during this period will become part of cease and desist from representing, in years after the last date of dissemination the public record. After sixty (60) days, any manner, directly or by implication, of any representation covered by this the Commission will again review the that such product has been rated, Order, respondent, or its successors and agreement and the comments received endorsed, recommended, reviewed or assigns, shall maintain and upon and will decide whether it should evaluated by any person or publication, request make available to the Federal withdraw from the agreement and take unless such is the case. Trade Commission for inspection and other appropriate action or make final II copying: A. All materials that were relied upon the agreement’s proposed order. It is further ordered that respondent in disseminating such representation; This matter concerns the advertising Orchid Technology, a corporation, its and of the ‘‘Celsius/VLB Windows successors and assigns, and its officers, B. All tests, reports, studies, surveys, Accelerator,’’ a circuit board that both agents, representatives and employees, demonstrations or other evidence in its increases the speed at which a personal directly or through any corporation, possession or control that contradict, computer displays complex graphical subsidiary, division or other device, in qualify, or call into question such images, and improves the quality of the connection with the manufacturing, representation, or the basis relied upon graphical images. The Commission’s labelling, advertising promotion, for such representation, including complaint charges that respondent’s offering for sale, sale, or distribution of complaints from consumers. advertising represented that excerpts the Celsius Windows Accelerator, or from computer periodical reviews other computer peripheral equipment, V referred to the Celsius, when, in fact, in or affecting commerce, as It is further ordered that respondent they referred to products manufactured ‘‘commerce’’ is defined in the Federal shall notify the Commission at least by Orchid’s competitors. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8239 The proposed consent order contains Commission approval, would permit, 1. Proposed respondent The Penn provisions designed to remedy the among other things, the Penn Traffic Traffic Company is a corporation violations charged and to prevent the Company to acquire a number of Acme organized, existing, and doing business respondent from engaging in similar supermarkets from American Stores under and by virtue of the laws of the acts and practices in the future. Company, but would require it to divest, State of Delaware, with its office and Part I of the proposed order prohibits to a Commission approved acquirer or principal place of business located at respondent from falsely representing acquirers within twelve months, one 1200 State Fair Boulevard, Syracuse, that any computer peripheral supermarket in each of the three New York 13221–4737. equipment, as defined in the order, has Pennsylvania areas designated 2. Proposed respondent admits all the been rated, endorsed, recommended, (Towanda, Mount Carmel, and Pittston). jurisdictional facts set forth in the draft reviewed or evaluated by any person or If the divestitures were not completed of complaint. publication. on time, the consent agreement would 3. Proposed respondent waives: As fencing-in relief, Part II of the permit the Commission to appoint a a. any further procedural steps; proposed order prohibits respondent, trustee to complete the transactions. In b. the requirement that the when advertising computer peripheral addition, the consent agreement would Commission’s decision contain a equipment, from misrepresenting the require the respondent, for ten years, to statement of findings of fact and existence, contents, validity, results, obtain Commission approval before conclusions of law; c. all rights to seek judicial review or conclusions, interpretations or purpose acquiring any interest in any entity that otherwise to challenge or contest the of any test or study. Part III provides owns or operates a supermarket in any validity of the order entered pursuant to that, if respondent makes any of the three areas designated. this agreement; and representation about the performance or DATES: Comments must be received on d. any claim under the Equal Access attributes of any computer peripheral or before April 14, 1995. to Justice Act. equipment, the representation must be ADDRESSES: Comments should be 4. This agreement shall not become true and respondent must possess directed to: FTC/Office of the Secretary, part of the public record of the competent and reliable evidence, which Room 159, 6th Street and Pennsylvania proceeding unless and until it is when appropriate must be competent Avenue NW., Washington, D.C. 20580. accepted by the Commission. If this and reliable scientific evidence, to FOR FURTHER INFORMATION CONTACT: agreement is accepted by the substantiate the representation. Ronald Rowe or Marimichael Skubel, Commission it, together with the draft of The proposed order also requires FTC/S–2105, Washington, D.C. 20580. complaint contemplated thereby, will be respondent to maintain materials relied (202) 326–2610 or 326–2611. placed on the public record for a period upon to substantiate claims covered by SUPPLEMENTARY INFORMATION: Pursuant of sixty (60) days and information in the order; to provide a copy of the to Section 6(f) of the Federal Trade respect thereto publicly released. The consent agreement to its employees Commission Act, 38 Stat. 721, 15 U.S.C. Commission thereafter may either involved in the preparation and 45 and Section 2.34 of the Commission’s withdraw its acceptance of this placement of respondent’s Rules of Practice (16 CFR 2.34), notice agreement and so notify the proposed advertisements, or in communication is hereby given that the following respondent, in which event it will take with respondent’s customers or consent agreement containing a consent such action as it may consider prospective customers; to notify the order to cease and desist, having been appropriate, or issue and serve its Commission of any change in the filed with and accepted, subject to final complaint (in such form as the corporate structure that might affect approval, by the Commission, has been circumstances may require) and compliance with the order; and to file placed on the public record for a period decision, in disposition of the one or more reports detailing of sixty (60) days. Public comment is proceeding. compliance with the order. invited. Such comments or views will 5. This agreement is for settlement The purpose of this analysis is to be considered by the Commission and purposes only and does not constitute facilitate public comment on the will be available for inspection and an admission by proposed respondent proposed order. It is not intended to copying at its principal office in that the law has been violated as alleged constitute an official interpretation of accordance with Section 4.9(b)(6)(ii) of in the draft of the complaint, or that the the agreement and proposed order or to the Commission’s Rules of Practice (16 facts as alleged in the draft complaint, modify in any way their terms. CFR 4.9(b)(6)(ii)). other than jurisdictional facts, are true. Donald S. Clark, 6. This agreement contemplates that, Secretary. Agreement Containing Consent Order if it is accepted by the Commission, and [FR Doc. 95–3542 Filed 2–10–95; 8:45 am] The Federal Trade Commission if such acceptance is not subsequently BILLING CODE 6750±01±M (‘‘Commission’’) having initiated an withdrawn by the Commission pursuant investigation of The Penn Traffic to the provisions of Section 2.34 of the Company’s (‘‘Penn Traffic’’) proposed Commission’s Rules, the Commission [File No. 951 0009] acquisition of certain assets of American may, without further notice to the The Penn Traffic Company; Proposed Stores Company (American), and it now proposed respondent, (1) issue its Consent Agreement With Analysis To appearing that Penn Traffic hereinafter complaint corresponding in form and Aid Public Comment sometimes referred to as ‘‘proposed substance with the draft of complaint respondent,’’ is willing to enter into an and its decision containing the AGENCY: Federal Trade Commission. agreement containing an order to divest following order to divest and to cease ACTION: Proposed consent agreement. certain assets and to cease and desist and desist in disposition of the from certain acts, and providing for proceeding, and (2) make information SUMMARY: In settlement of alleged other relief, public with respect thereto. When so violations of federal law prohibiting It is hereby agreed by and among entered, the order shall have the same unfair acts and practices and unfair proposed respondent, by its duly force and effect and may be altered, methods of competition, this consent authorized officers and attorneys, and modified, or set aside in the same time agreement, accepted subject to final counsel for the Commission that: provided by statute for other orders. The 8240 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices order shall become final upon service. A. Respondent shall divest, absolutely trustee nor a decision not to appoint a Delivery by the United States Postal and in good faith, within twelve months trustee under this Paragraph shall Service of the complaint and decision from the date this order becomes final: preclude the Commission or the containing the agreed-to order to 1. The ‘‘Acme’’ supermarket located at Attorney General from seeking civil proposed respondent’s address as stated River and Park Streets, Borough of penalties or any other relief available to in this Agreement shall constitute Towanda, Pennsylvania; it, including a court-appointed trustee, service. Proposed respondent waives 2. The ‘‘Acme’’ supermarket located pursuant to § 5(l) of the Federal Trade any right it may have to any other on Kennedy Boulevard in Pittston, Commission Act, or any other statute manner of service. The complaint may Pennsylvania; and enforced by the Commission, for any be used in construing the terms of the 3. An ‘‘Acme’’ or a Penn Traffic failure by the respondent to comply order, and no agreement, understanding, supermarket located in the Township of with this order. representation, or interpretation not Mount Carmel, Pennsylvania. B. If a trustee is appointed by the contained in the order or the Agreement The assets to be divested shall include Commission or a court pursuant to may be used to vary or contradict the the grocery business operated, and all Paragraph III. A. of this order, terms of the order. assets, leases, properties, business and respondent shall consent to the goodwill, tangible and intangible, 7. Proposed respondent has read the following terms and conditions utilized in the distribution or sale of proposed complaint and order regarding the trustee’s powers, duties, groceries at the locations that are contemplated hereby. Proposed authority, and responsibilities: divested. 1. The Commission shall select the respondent understands that once the B. Respondent shall divest the assets trustee, subject to the consent of order has been issued, it will be to be divested only to an acquirer or respondent, which consent shall not be required to file verified written reports acquirers that receive the prior approval unreasonably withheld. The trustee showing that it has fully complied with of the Commission and only in a shall be a person with experience and the order. Proposed respondent further manner that receives the prior approval expertise in acquisitions and understands that it may be liable for of the Commission. The purpose of the divestitures. If respondent has not civil penalties in the amount provided divestiture is to ensure the continuation opposed, in writing, including the by law for each violation of the order of the assets to be divested as ongoing, reasons for opposing, the selection of after it becomes final. viable enterprises engaged in the any proposed trustee within ten (10) Order supermarket business and to remedy the days after written notice by the staff of lessening of competition resulting from the Commission to respondent of the I the acquisition as alleged in the identity of any proposed trustee, It is ordered that, as used in this Commission’s complaint. respondent shall be deemed to have order, the following definitions shall C. Pending divestiture of such assets consented to the selection of the apply: to be divested, respondent shall take proposed trustee. A. ‘‘Respondent’’ or ‘‘Penn Traffic’’ such actions as are necessary to 2. Subject to the prior approval of the means The Penn Traffic Company, its maintain the viability and marketability Commission, the trustee shall have the predecessors, subsidiaries, divisions, of such assets to be divested and to exclusive power and authority to divest and groups and affiliates controlled by prevent the destruction, removal, any of the remaining assets to be The Penn Traffic Company, their wasting, deterioration, or impairment of divested. successors and assigns, and their such assets to be divested except in the 3. Within ten (10) days after directors, officers, employees, agents, ordinary course of business and except appointment of the trustee, respondent and representatives. for ordinary wear and tear. shall execute a trust agreement that, D. Respondent shall comply with all subject to the prior approval of the B. ‘‘Assets to be divested’’ means the the terms of the Asset Maintenance Commission and, in the case of a court- assets described in Paragraph II. A. of Agreement attached to this Order and appointed trustee, of the court, transfers this order. made a part hereof as Appendix I. The to the trustee all right and powers C. ‘‘Commission’’ means the Federal Asset Maintenance Agreement shall necessary to permit the trustee to effect Trade Commission. continue in effect until such time as the divestitures required by this order. D. ‘‘Supermarket’’ means a full-line respondent has divested all of the assets 4. The trustee shall have twelve (12) retail grocery store that carries a wide to be divested. months from the date the Commission variety of food and grocery items in or court approves the trust agreement particular product categories, including III described in Paragraph III.B.3. to bread and dairy products; refrigerated It is further ordered that: accomplish the divestitures, which shall and frozen food and beverage products; A. If respondent has not divested, be subject to the prior approval of the fresh and prepared meats and poultry; absolutely and in good faith and with Commission. If, however, at the end of produce, including fresh fruits and the Commission’s prior approval, such the twelve-month period, the trustee has vegetables; shelf-stable food and assets to be divested within twelve submitted a plan of divestiture or beverage products, including canned months from the date this order believes that divestiture can be achieved and other types of packaged products; becomes final, the Commission may within a reasonable time, the divestiture staple foodstuffs, which may include appoint a trustee to divest any of the period may be extended by the salt, sugar, flour, sauces, spices, coffee, remaining assets to be divested. In the Commission, or, in the case of a court- and tea; and other grocery products, event that the Commission or the appointed trustee, by the court; including nonfood items such as soaps, Attorney General brings an action provided, however, the Commission detergents, paper goods, other pursuant to § 5(l) of the Federal Trade may extend this 12-month period only household products, and health and Commission Act, 15 U.S.C. 45(l), or any two (2) times. beauty aids. other statute enforced by the 5. The trustee shall have full and Commission, respondent shall consent complete access to the personnel, books, II to the appointment of a trustee in such records and facilities related to any of It is further ordered that: action. Neither the appointment of a the remaining assets to be divested or to Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8241 any other relevant information, as the the trustee’s duties, including all of Wysox, North Towanda, and trustee may request. Respondent shall reasonable fees of counsel and other Monroeton; (b) the Mount Carmel, develop such financial or other expenses incurred in connection with Pennsylvania area, which includes the information as such trustee may the preparation for, or defense of any Borough of Mount Carmel, and the reasonably request and shall cooperate claim, whether or not resulting in any Township of Mount Carmel; and (c) the with the trustee. Respondent shall take liability, except to the extent that such Pittston, Pennsylvania area, which no action to interfere with or impede the liabilities, losses, damages, claims, or includes the city of Pittston, the trustee’s accomplishment of the expenses result from misfeasance, gross townships of Pittston and Jenkins, and divestitures. Any delays in divestiture negligence, willful or wanton acts, or the boroughs of Dupont, Avoca, caused by respondent shall extend the bad faith by the trustee. Hughestown, Duryea, Yatesville, and time for divestiture under this 9. If the trustee ceases to act or fails Laflin, Pennsylvania. Paragraph in an amount equal to the to act diligently, a substitute trustee Provided, however, that these delay, as determined by the Commission shall be appointed in the same manner prohibitions shall not apply to the or, for a court-appointed trustee, by the as provided in Paragraph III. A. of this construction of new facilities or the court. order. leasing of facilitates that have not 6. The trustee shall use his or her best 10. The Commission or, in the case of operated as supermarkets within six efforts to negotiate the most favorable a court-appointed trustee, the court, months of the date of the offer to lease. price and terms available in each may on its own initiative or at the V contract that is submitted to the request of the trustee issue such Commission, subject to respondent’s additional orders or directions as may It is further ordered that: absolute and unconditional obligation to be necessary or appropriate to A. Within sixty (60) days after the divest at no minimum price. The accomplish the divestiture required by date this order becomes final and every divestitures shall be made in the this order. sixty (60) days thereafter until manner and to the acquirer or acquirers 11. The trustee shall have no respondent has fully complied with the as set out in Paragraph II. of this order; obligation or authority to operate or provisions of Paragraphs II. or III. of this provided, however, if the trustee maintain the assets to be divested. order, respondent shall submit to the receives bona fide offers in any of the 12. The trustee shall report in writing Commission verified written reports areas specified in this order for a to respondent and the Commission setting forth in detail the manner and supermarket to be divested from more every sixty (60) days concerning the form in which it intends to comply, is than one acquiring entity, and if the trustee’s efforts to accomplish complying, and has complied with Commission determines to approve divestiture. Paragraphs II. and III. of this order. Respondent shall include in its more than one acquiring entity, the IV trustee shall divest to the acquiring compliance reports, among other things entity or entities selected by respondent It is furthered ordered that, for a that are required from time to time, a from among those approved by the period of ten (10) years from the date full description of the efforts being Commission. this order becomes final, respondent made to comply with Paragraph II. and 7. The trustee shall serve, without shall not, without the prior approval of III. of the order, including a description bond or other security, at the cost and the Commission, directly or indirectly, of all substantive contacts or expense of respondent, on such through subsidiaries, partnerships, or negotiations for the divestiture and the reasonable and customary terms and otherwise: identity of all parties contacted. conditions as the Commission or a court A. Acquire any stock, share capital, Respondent shall include in its may set. The trustee shall have the equity, or other interest in any compliance reports copies of all written authority to employ, at the cost and supermarket or leasehold interest in any communications to and from such expense of respondent, such supermarket, including any facility that parties, all internal memoranda, and all consultants, accountants, attorneys, has operated as a supermarket within reports and recommendations investment bankers, business brokers, six (6) months of the date of the concerning divestiture. appraisers, and other representatives proposed acquisition, located in (a) the B. One year (1) from the date this and assistants as are necessary to carry Towanda, Pennsylvania area, which order becomes final, annually for the out the trustee’s duties and includes the Borough of Towanda and next nine (9) years on the anniversary of responsibilities. The trustee shall the townships of Wysox, North the date this order becomes final, and at account for all monies derived from the Towanda, and Monroeton; (b) the other times as the Commission may sale and all expenses incurred. After Mount Carmel, Pennsylvania area, require, respondent shall file verified approval by the Commission and, in the which includes the Borough of Mount written reports with the Commission case of a court-appointed trustee, by the Carmel and the Township of Mount setting forth in detail the manner and court, of the account of the trustee, Carmel; and (c) the Pittston, form in which it has complied and is including fees for his or her services, all Pennsylvania area, which includes the complying with this order. remaining monies shall be paid at the city of Pittston, the townships of direction of the respondent, and the Pittston and Jenkins, and the boroughs VI trustee’s power shall be terminated. The of Dupont, Avoca, Hughestown, Duryea, It is further ordered that respondent trustee’s compensation shall be based at Yatesville, and Laflin, Pennsylvania. shall notify the Commission at least least in significant part on a commission B. Acquire any stock, share capital, thirty (30) days prior to any proposed arrangement contingent on the trustee’s equity, or other interest in any entity change in respondent such as divesting the assets to be divested to that owns any interest in or operates any dissolution, assignment, sale resulting satisfy Paragraph II. supermarket or owned any interest in or in the emergence of a successor 8. Respondent shall indemnify the operated any supermarket within six (6) corporation, or the creation or trustee and hold the trustee harmless months of the date of the proposed dissolution of subsidiaries or any other against any losses, claims, damages, acquisition in (a) the Towanda, change in respondent that may affect liabilities, or expenses arising out of, or Pennsylvania area, which includes the compliance obligations arising out of in connection with, the performance of Borough of Towanda and the townships the order. 8242 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices VII may be necessary to preserve the continued Rodino Antitrust Improvements Act waiting viability and competitiveness of the Assets; period or the fact that the Commission has It is further ordered that, for the and not sought to enjoin the Acquisition. Penn purpose of determining or securing Whereas, the purpose of this Agreement Traffic also waives all rights to contest the compliance with this order, respondent and of the Consent Order is to preserve the validity of this Agreement. shall permit any duly authorized Assets pending the divestiture to the acquirer 6. For the purpose of determining or representative of the Commission: approved by the Federal Trade Commission securing compliance with this Agreement, A. Upon reasonable notice to under the terms of the Order, in order to subject to any legally recognized privilege, respondent, access, during office hours remedy any anticompetitive effects of the and upon written request with reasonable and in the presence of counsel, to Acquisition; and notice to Penn Traffic to its principal offices, inspect and copy all books, ledgers, Whereas, Penn Traffic entering into this Penn Traffic shall permit any duly Agreement shall in no way be construed as accounts, correspondence, memoranda authorized representative or representatives an admission by Penn Traffic that the of the Commission: and other records and documents in the Acquisition is illegal; and a. Access during the office hours of Penn possession or under the control of Whereas, Penn Traffic understands that no Traffic, in the presence of counsel, to inspect respondent relating to any matters act or transaction contemplated by this and copy all books, ledgers, accounts, contained in this order; and Agreement shall be deemed immune or correspondence, memoranda and other B. Upon reasonable notice to exempt from the provisions of the antitrust records and documents in the possession or respondent and without restraint or laws, or the Federal Trade Commission Act under the control of Penn Traffic relating to interference from it, to interview by reason of anything contained in this compliance with this Agreement; and respondent or officers, directors, or Agreement; Upon five (5) days’ notice to Penn Traffic employees of respondent in the Now, Therefore, in consideration of the and without restraint or interference from Commission’s agreement that, unless the presence of counsel. them, to interview officers or employees of Commission determines to reject the Consent Penn Traffic, who may have counsel present, VIII Order, it will not seek further relief from the regarding any such matters. parties with respect to the Acquisition, 7. This agreement shall not be binding It is further ordered that this order except that the Commission may exercise any until approved by the Commission. shall terminate twenty (20) years from and all rights to enforce this Agreement and the date this order becomes final. the Consent Order annexed hereto and made Analysis To Aid Public Comment on the a part thereof, and, in the event the required Provisionally Accepted Consent Order Appendix I divestiture is not accomplished, to appoint a The Federal Trade Commission (‘‘the Asset Maintenance Agreement trustee to seek divestiture of the Assets, the Parties agree as follows: Commission’’) has accepted for public This Asset Maintenance Agreement comment from The Penn Traffic (‘‘Agreement’’) is by and between The Penn Terms of Agreement Company (‘‘Penn Traffic’’) an agreement Traffic Company (‘‘Penn Traffic’’), a 1. Penn Traffic agrees to execute, and upon corporation organized under the laws of the containing consent order to divest State of Delaware, with its principal offices its issuance to be bound by, the attached certain assets. The agreement is located at 1200 State Fair Boulevard, Consent Order. The Parties further agree that designed to remedy any anticompetitive Syracuse, New York 13221–4737, and the each term defined in the attached Consent effect stemming from Penn Traffic’s Federal Trade Commission (‘‘Commission’’), Order shall have the same meaning in this acquisition of a number of Acme Agreement. an independent agency of the United States supermarkets from American Stores Government, established under the Federal 2. Unless the Commission brings an action to seek to enjoin the proposed acquisition Company. Trade Commission Act of 1914, 15 U.S.C. 41, The agreement has been placed on the et seq. (collectively ‘‘the Parties’’). pursuant to Section 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b), and public record for sixty days for Premises obtains a temporary restraining order or reception of comments from interested Whereas, Penn Traffic, pursuant to an preliminary injunction blocking the proposed persons. Comments received during this agreement dated September 30, 1994, agreed acquisition, Penn Traffic will be free to close period will become part of the public to purchase certain assets of American Stores the Acquisition after 11:59 p.m., January 17, record. After 60 days, the Commission Company (hereinafter ‘‘Acquisition’’); and 1995. will again review the agreement and Whereas, the Commission is now 3. Penn Traffic agrees that from the date this Agreement is accepted until the earliest comments received and will decide investigating the Acquisition to determine if whether it should withdraw from the it would violate any of the statutes enforced of the dates listed in subparagraphs 3.a–3.b by the Commission; and it will comply with the provisions of this agreement or make final the order Whereas, if the Commission accepts the Agreement: contained in the agreement. attached Agreement Containing Consent a. Three business days after the The Commission’s draft complaint Order, the Commission is required to place Commission withdraws its acceptance of the charges that on or about September 30, it on the public record for a period of sixty Consent Order pursuant to the provisions of 1994, Penn Traffic agreed to acquire (60) days for public comment and may Section 2.34 of the Commission’s Rules; or certain assets of Acme Markets, Inc., subsequently withdraw such acceptance b. On the day the divestiture set out in the wholly-owned subsidiary of American Consent Order has been completed. pursuant to the provisions of § 2.34 of the Stores Company, for $94 million. The Commission’s Rules; and 4. From the time Penn Traffic acquires the Whereas, the Commission is concerned Assets until the divestiture set out in the Commission has reason to believe that that if an agreement is not reached preserving Consent Order has been completed, Penn the acquisition, as well as the agreement the status quo ante of the assets to be Traffic shall maintain the viability, to enter into the acquisition, may have divested as described in II. A. of the attached competitiveness and marketability of the anticompetitive effects and be in Agreement Containing Consent Order Assets, and shall not cause the wasting or violation of Section 7 of the Clayton Act (‘‘Assets’’) during the period prior to their deterioration of the Assets, nor shall it sell, and Section 5 of the Federal Trade divestiture, when those Assets will be in the transfer, encumber or otherwise impair their Commission Act. hands of Penn Traffic, that any divestiture marketability or viability. According to the draft complaint, resulting from any administrative proceeding 5. Should the Commission seek in any challenging the legality of the Acquisition proceeding to compel Penn Traffic to divest Penn Traffic and Acme are direct might not be possible, or might produce a itself of the Assets or to seek any other competitors for the retail sale of food less than effective remedy; and injunctive or equitable relief, Penn Traffic and grocery items in the market areas of Whereas, the Commission is concerned shall not raise any objection based upon the (1) the Towanda, Pennsylvania area, that prior to divestiture to the acquirer, it expiration of the applicable Hart-Scott- which includes the Borough of Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8243 Towanda and the townships of Wysox, DEPARTMENT OF HEALTH AND heading of this document. Received North Towanda, and Monroeton; (2) the HUMAN SERVICES comments may be seen in the office Mount Carmel, Pennsylvania area, above between 9 a.m. and 4 p.m., which includes the Borough of Mount Food and Drug Administration Monday through Friday. FDA will also Carmel and the Township of Mount [Docket No. 95F±0016] place on public display any Carmel; and (3) the Pittston, amendments to, or comments on, the Pennsylvania area, which includes the Johnson Matthey Chemicals; Filing of petitioner’s environmental assessment city of Pittston, the townships of Food Additive Petition without further announcement in the Pittston and Jenkins, and the boroughs Federal Register. If, based on its review, AGENCY: Food and Drug Administration, the agency finds that an environmental of Dupont, Avoca, Hughestown, Duryea, HHS. Yatesville, and Laflin, Pennsylvania. impact statement is not required and ACTION: Notice. According to the draft complaint, these this petition results in a regulation, the notice of availability of the agency’s markets are highly concentrated and SUMMARY: The Food and Drug finding of no significant impact and the entry is difficult or unlikely. Penn Administration (FDA) is announcing evidence supporting that finding will be Traffic’s acquisition of Acme may that Johnson Matthey Chemicals has published with the regulation in the reduce competition in these markets by filed a petition proposing that the food Federal Register in accordance with 21 eliminating the direct competition additive regulations be amended to CFR 25.40(c). between Penn Traffic and Acme, by provide for the safe use of silver increasing the likelihood that Penn chloride coated titanium dioxide. Dated: February 3, 1995. Traffic will become a dominant firm, DATES: Written comments on the Alan M. Rulis, and by increasing the likelihood of petitioner’s environmental assessment Acting Director, Office of Premarket collusive behavior among the few by March 15, 1995. Approval, Center for Food Safety and Applied Nutrition. remaining competitors. ADDRESSES: Submit written comments [FR Doc. 95–3557 Filed 2–10–95; 8:45 am] to the Dockets Management Branch The agreement containing consent BILLING CODE 4160±01±F order attempts to remedy the (HFA–305), Food and Drug Commission’s competitive concerns Administration, rm. 1–23, 12420 about the acquisition. Under the terms Parklawn Dr., Rockville, MD 20857. [Docket No. 95F±0017] of the proposed order, Penn Traffic must FOR FURTHER INFORMATION CONTACT: Diane E. Robertson, Center for Food Robinson Brothers Ltd.; Filing of Food divest three supermarkets within Additive Petition twelve-months, to a purchaser approved Safety and Applied Nutrition (HFS– 216), Food and Drug Administration, by the Commission. The three stores to AGENCY: Food and Drug Administration, 200 C St. SW., Washington, DC 20204, be divested include the ‘‘Acme’’ HHS. 202–418–3089. supermarket located in Towanda, ACTION: Notice. Pennsylvania, the ‘‘Acme’’ supermarket SUPPLEMENTARY INFORMATION: Under the located in Pittston, Pennsylvania, and Federal Food, Drug, and Cosmetic Act SUMMARY: The Food and Drug (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), either the ‘‘Acme’’ or the Penn Traffic Administration (FDA) is announcing notice is given that a food additive store located in Mount Carmel, that Robinson Brothers Ltd., has filed a petition (FAP 5B4442) has been filed by Pennsylvania. petition proposing that the food additive Johnson Matthey Chemicals, c/o 1000 regulations be amended to provide for For a period of ten years from the date Potomac St. NW., Washington, DC the safe use of diisopropyl xanthogen the order becomes final, the order also 20007. The petition proposes to amend polysulfide as a component of rubber prohibits Penn Traffic from acquiring, the food additive regulations in articles intended for repeated use in without prior Commission approval, § 176.170 Components of paper and contact with food. stock, or any other interest in any paperboard in contact with aqueous and DATES: Written comments on the supermarket, or entity that owns or fatty foods (21 CFR 176.170) to provide petitioner’s environmental assessment operates a supermarket, located in the for the safe use of silver chloride coated by March 15, 1995. areas of Towanda, Pittston, or Mount titanium dioxide. ADDRESSES: Submit written comments Carmel, Pennsylvania. This prohibition The potential environmental impact of this action is being reviewed. To to the Dockets Management Branch will not apply to the construction of (HFA–305), Food and Drug new facilities or the leasing of facilities encourage public participation consistent with regulations promulgated Administration, rm. 1–23, 12420 not operated as supermarkets within six Parklawn Dr., Rockville, MD 20857. months of the offer to lease. under the National Environmental Policy Act, (40 CFR 1501.4(b)), the FOR FURTHER INFORMATION CONTACT: The purpose of this analysis is to agency is placing the environmental Diane E. Robertson, Center for Food invite public comment concerning the assessment submitted with the petition Safety and Applied Nutrition (HFS– consent order and any other aspect of that is the subject of this notice on 216), Food and Drug Administration, this matter. This analysis is not public display at the Dockets 200 C St. SW., Washington, DC 20204, intended to constitute an official Management Branch (address above) for 202–418–3089. interpretation of the agreement and public review and comment. Interested SUPPLEMENTARY INFORMATION: Under the order or to modify its terms in any way. persons may, on or before March 15, Federal Food, Drug, and Cosmetic Act Donald S. Clark, 1995, submit to the Dockets (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Secretary. Management Branch (address above) notice is given that a food additive [FR Doc. 95–3543 Filed 2–10–95; 8:45 am] written comments. Two copies of any petition (FAP 5B4437) has been filed by comments are to be submitted, except Robinson Brothers Ltd., Phoenix St., BILLING CODE 6750±01±M that individuals may submit one copy. West Bromwich, West Midland, B70 Comments are to be identified with the OAH, England. The petition proposes to docket number found in brackets in the amend the food additive regulations in 8244 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices § 177.2600 Rubber articles intended for HEALTH RESOURCES AND SERVICES objectives of Healthy People 2000, a repeated use (21 CFR 177.2600) to ADMINISTRATION PHS-led national activity for setting provide for the safe use of diisopropyl priority areas. The MCH Block Grant xanthogen polysulfide as a component Special Project Grants and Federal Set-Aside Program addresses of rubber articles intended for repeated Cooperative Agreements; Maternal and issues related to the Healthy People use in contact with food. Child Health Services; Federal Set- 2000 objectives of improving maternal, Aside Program; Genetic Services and infant, child and adolescent health and The potential environmental impact Maternal and Child Health developing service systems for children of this action is being reviewed. To Improvement Projects with special health care needs. encourage public participation Potential applicants may obtain a AGENCY: Health Resources and Services consistent with regulations promulgated copy of Healthy People 2000 (Full Administration (HRSA), PHS. under the National Environmental Report: Stock No. 017–001–00474–0) or Policy Act, (40 CFR 1501.4(b)), the ACTION: Notice of availability of funds. Healthy People 2000 (Summary Report: agency is placing the environmental SUMMARY: The Maternal and Child Stock No. 017–001–00473–1) through assessment submitted with the petition Health Bureau (MCHB), HRSA, the Superintendent of Documents, that is the subject of this notice on announces that fiscal year (FY) 1995 Government Printing Office, public display at the Dockets funds are available for grants and Washington, DC 20402–9325 Management Branch (address above) for cooperative agreements for the (telephone: 202 783–3238). public review and comment. Interested following activities: Maternal and Child The Public Health Service strongly persons may, on or before March 15, Health (MCH) Special Projects of encourages all grant recipients to 1995, submit to the Dockets Regional and National Significance provide a smoke-free workplace and Management Branch (address above) (SPRANS), including special MCH promote the non-use of all tobacco written comments. Two copies of any improvement projects (MCHIP) which products. This is consistent with the comments are to be submitted, except contribute to the health of mothers, PHS mission to protect and advance the that individuals may submit one copy. children, and children with special physical and mental health of the Comments are to be identified with the health care needs (CSHCN); and genetic American people. In addition, Public docket number found in brackets in the disease testing, counseling and Law 103–227, The Pro-Children Act Of heading of this document. Received information services. All awards will be 1994, prohibits smoking in certain comments may be seen in the office made under the program authority of facilities in which education, library, day care, regular and routine health care above between 9 a.m. and 4 p.m., section 502(a) of the Social Security Act, and early childhood development Monday through Friday. FDA will also the MCH Federal Set-Aside Program. No services are provided to children. place on public display any new hemophilia SPRANS grants will be funded in FY 1995. Grants for MCH Smoking must also be prohibited in amendments to, or comments on, the indoor facilities that are constructed, petitioner’s environmental assessment research and training are being announced in a separate notice. operated or maintained with Federal without further announcement in the funds. Federal Register. If, based on its review, Of the approximately $44 million available for SPRANS activities in FY ADDRESSES: Grant applications for the the agency finds that an environmental MCH SPRANS Federal Set-Aside impact statement is not required and 1995 in categories covered by this announcement, about $9.7 million will Program must be obtained from and this petition results in a regulation, the be available to support approximately submitted to: Acting Chief, Grants notice of availability of the agency’s 65 new and competing renewal projects Management Branch, Office of Program finding of no significant impact and the at an average of $150,000 per award for Support, Maternal and Child Health evidence supporting that finding will be one year. The remaining funds will be Bureau, Health Resources and Services published with the regulation in the used to support continuation of existing Administration, Room 18–12, Parklawn Federal Register in accordance with 21 SPRANS activities. The actual amounts Building, 5600 Fishers Lane, Rockville, CFR 25.40(c). available for awards and their allocation Maryland 20857, (301) 443–1440. Dated: February 3, 1995. may vary, depending on unanticipated Applicants for all projects covered by this announcement will use application Alan M. Rulis, program requirements and the volume and quality of applications. Awards are Form PHS 5161–1 with revised face Acting Director, Office of Premarket made for grant periods which may run page DHHS Form 424, approved by Approval, Center for Food Safety and Applied OMB under control number 0937–0189. Nutrition. from 1 to 5 years in duration. Funds for Requests should specify the category or [FR Doc. 95–3556 Filed 2–10–95; 8:45 am] the MCH Federal Set-Aside Program are appropriated by Public Law 103–333. categories of activities for which an BILLING CODE 4160±01±F Revised regulations implementing the application is requested so that the Federal Set-Aside Program (42 CFR part appropriate forms, information and 51a) were published in the July 19, materials may be provided. 1994, issue of the Federal Register at 59 DATES: Deadlines for receipt of FR 36703. applications differ for the several The Public Health Service (PHS) is categories of grants and cooperative committed to achieving the health agreements. These deadlines are as promotion and disease prevention follows: Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8245 MCH FEDERAL SET-ASIDE COMPETITIVE GRANT AND COOPERATIVE AGREEMENTS ANTICIPATED DEADLINES, AWARDS, FUNDING, AND PROJECT PERIODS, BY CATEGORY [FY 1995] Estimated Funding source category Application dead- Estimated num- amounts avail- Project period line ber of awards able (1) Grants in the following areas: 1.1 Genetic services ...... 4/25/95 Up to 20 ...... $3.5 million ...... Up to 3 years. 1.2 Special MCH Improvement Projects (MCHIP) of regional and national significance in the following areas:. 1.2.1 Maternal, infant, child, and adolescent health ...... 4/25/95 10±12 ...... 1 million ...... Up to 5 years. 1.2.2 School health program ...... 5/10/95 8 ...... 1.5 million ...... 3±5 years. 1.2.3 Data utilization ...... 6/15/95 5 ...... 500,000 ...... 3 years. 1.2.4 Healthy tomorrows partnership for children ...... 4/14/95 Up to 10 ...... 500,000 ...... 5 years. (2) Cooperative agreements (MCHIPs) in the following areas: 2.1 CSHCN cultural competency systems implementation ...... 4/28/95 1 ...... 250,000 ...... 5 years. 2.2 Partnership for information and communication (PIC) ...... 5/10/95 4 ...... 1.2 million ...... Up to 5 years. 2.3 Childhood injury prevention ...... 3/31/95 4 ...... 600,000 ...... 3±5 years. 2.4 Out-of-home child care health and safety ...... 4/27/95 1 ...... 350,000 ...... Up to 5 years. Applications will be considered to • Application Deadline 15 percent of the funds are to be have met the deadline if they are either: • Purpose retained by the Secretary to support (1) Received on or before the deadline • Priorities (through grants, contracts, or otherwise) • date, or (2) postmarked on or before the Grants/Amounts special projects of regional and national • deadline date and received in time for Contact significance, research, and training with orderly processing. Applicants should Table Of Contents respect to maternal and child health and request a legibly dated receipt from a 1. Program Background and Objectives children with special health care needs commercial carrier or the U.S. Postal 2. Special Concerns (including early intervention training Service, or obtain a legibly dated U.S. 3. Project Review and Funding and services development); for genetic Postal Service postmark. Private 3.1. Criteria for Review disease testing, counseling, and metered postmarks will not be accepted 3.2. Funding of Approved Applications information development and as proof of timely mailing. Late 4. Special Projects of Regional and National dissemination programs; for grants applications or those sent to an address Significance (including funding for comprehensive 4.1. Grants hemophilia diagnostic treatment other than specified in the ADDRESSES 4.1.1. Genetic Disease Testing, Counseling section will be returned to the and Information centers) relating to hemophilia without applicant. 4.1.2. Maternal and Child Health regard to age; and for the screening of newborns for sickle cell anemia, and FOR FURTHER INFORMATION CONTACT: Improvement Projects 4.1.2.1. Maternal, Infant, Child, and other genetic disorders and follow-up Requests for technical or programmatic Adolescent Health services. The MCH SPRANS set-aside information should be directed to: 4.1.2.2. School Health Program was established in 1981. Support for Audrey H. Nora, M.D., M.P.H., Director, 4.1.2.3. Data Utilization and Enhancement projects covered by this announcement Maternal and Child Health Bureau, 4.1.2.4. Healthy Tomorrows Partnerships will come from the SPRANS set-aside. HRSA, Room 18–05, Parklawn Building, for Children To reduce confusion to potential 5600 Fishers Lane, Rockville, Maryland 4.2. Cooperative Agreements applicants from announcement of grants 20857. Requests for category-specific 4.2.1. CSHCN Cultural Competency in very large numbers of SPRANS technical information should be Systems Implementation 4.2.2. Partnership for Information and categories and subcategories, directed to the contact persons Communication (PIC) announcement of availability of FY identified below for each category 4.2.3. Childhood Injury Prevention 1995 funds for MCH research and covered by this notice. Requests for 4.2.4. Out-Of-Home Child Care Health And training categories is being published information concerning business Safety separately this year. management issues should be directed 5. Eligible Applicants to: Acting Grants Management Officer 6. Public Health System Reporting 2. Special Concerns (GMO), Maternal and Child Health Requirements 7. Executive Order 12372 In its administration of the MCH Bureau, at the address specified in the Services Block Grant, the MCHB places ADDRESSES section. 1. Program Background and Objectives special emphasis on improving service SUPPLEMENTARY INFORMATION: To Under Section 502 of the Social delivery to women and children from facilitate the use of this announcement, Security Act, as amended by the racial and ethnic minority populations information in this section has been Omnibus Budget Reconciliation Act who have had limited access to organized, as outlined in the Table of (OBRA) of 1989, 12.75 percent of accessible care. This means that Contents below, into a discussion of: amounts appropriated for the Maternal SPRANS projects are expected to serve Program Background, Special Concerns, and Child Health Services Block Grant and appropriately involve in project Overall Review Criteria, SPRANS in excess of $600 million are set aside activities individuals from the Program, and Eligible Applicants. In by the Secretary of Health and Human populations to be served, unless there addition, for each specific SPRANS Services (HHS) for special Community are compelling programmatic or other funding category and subcategory Integrated Service Systems projects justifications for not doing so. The covered by this notice, information is under Section 501(a)(3) of the Act. Of MCHB’s intent is to ensure that project presented under the following headings: the remainder of the total appropriation, interventions are responsive to the 8246 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices cultural and linguistic needs of special achievement of Healthy Children 2000 ranking the funding of approved populations, that services are accessible objectives related to maternal, infant, applications: to consumers, and that the broadest child and adolescent health and service —Funding Preferences—Funding of a possible representation of culturally systems for children at risk of chronic specific category or group of approved distinct and historically and disabling conditions; and otherwise applications ahead of other categories underrepresented groups is supported best promote improvements in maternal or groups of applications, such as through programs and projects and child health. competing continuation projects sponsored by the MCHB. 3.1 Criteria for Review ahead of new projects. In keeping with our special concern —Funding Priorities—Merit reviewers for broadening participation in MCHB The criteria which follow are used, as will assign scores based on the extent programs of institutions that reflect the pertinent, to review and evaluate to which applicants address program Nation’s cultural and linguistic applications for awards under all priorities specified in this notice for diversity, a funding priority will be SPRANS grants and cooperative the category in which the application placed on projects from Historically agreement project categories announced is made. Black Colleges and Universities (HBCU) in this notice. Further guidance in this —Special Considerations—Merit or Hispanic Serving Institutions (HSI) in regard is supplied in application reviewers will assign scores based on all categories and subcategories in this guidance materials, which elaborate the extent to which applicants notice for which applications from upon how these criteria apply to address areas that are identified in academic institutions are encouraged. specific grant categories and this notice as meriting special An approved proposal from a HBCU or subcategories. consideration. HSI will receive a 0.5 point favorable —The extent to which the project will adjustment of the priority score in a 4 contribute to the advancement of 4. Special Projects of Regional and point range before funding decisions are maternal and child health and/or National Significance made. improvement of the health of children Project categories for SPRANS awards Projects supported under SPRANS are with special health care needs; are grouped in this notice under two expected to be part of community-wide, sections: Grants and Cooperative comprehensive initiatives, to reflect —The extent to which the project is Agreements. appropriate coordination of primary responsive to policy concerns applicable to MCH grants and to care and public health activities, and to 4.1. Grants target HRSA resources effectively to fill program objectives, requirements, Two major categories of SPRANS gaps in the Nation’s health system for priorities and/or review criteria for grants are discussed below: Genetic at-risk mothers and children. This specific project categories, as Services; and Maternal and Child Health applies especially to projects in the 22 published in program announcements Improvement Projects (in 4 communities in the Nation which have or guidance materials. subcategories): received grants from HRSA under the —The extent to which the estimated Healthy Start initiative. Grantees in cost to the Government of the project 4.1.1. Genetic Services these communities providing services is reasonable, considering the Application Deadline: April 25, 1995. related to activities of a Healthy Start anticipated results; Purpose: To support projects that program are expected to coordinate their —The extent to which the project demonstrate increased access to projects with the Healthy Start program personnel are well qualified by effective genetic information, education, efforts. Healthy Start communities training and/or experience for their testing and counseling services. include: Aberdeen Area Indian Nations, roles in the project and the applicant Priorities: Applicants to the genetic NE/ND/SD; Baltimore, MD; organization has adequate facilities services program are invited to submit Birmingham, AL; Boston, MA; Chicago, and personnel; and IL; Cleveland, OH; Dallas, TX; Detroit, —The extent to which, insofar as proposals in the areas of: MI; Essex County, NJ; Florida practicable, the proposed activities, if —Genetics in primary care. To aid in Panhandle, FL; Lake County, IN; well executed, are capable of attaining incorporating genetics into maternal Milwaukee, WI; Mississippi Delta, MS; project objectives. and child health and federally- New Orleans, LA; New York, NY; —The strength of the project’s plans for qualified health centers’ (FQHC) Oakland, CA; Philadelphia, PA; evaluation. primary care programs. Pittsburgh, PA; PeeDee Region, SC; —The extent to which the project will —Ethnocultural barriers. To improve Richmond, VA; Savannah, GA; be integrated with the administration services for populations for whom Washington, DC. of the Maternal and Child Health language and/or culture are barriers. Services block grants, State primary —Regional genetic services networks. 3. Project Review and Funding care plans, public health, and To maintain genetic services networks Within the limit of funds determined prevention programs, and other in the Pacific Northwest, Pacific by the Secretary to be available for the related programs in the respective Southwest, Mountain States, and activities described in this State(s). areas encompassing New York, Puerto announcement, the Secretary will —The extent to which the application is Rico, and the Virgin Islands. review applications for funds under the responsive to the special concerns —Cooley’s Anemia/Thalassemia. To specific project categories in section 4 and program priorities specified in demonstrate comprehensive care for below as competing applications and this notice. those affected by Cooley’s Anemia/ may award Federal funding for projects Thalassemia. which will, in her judgment, best 3.2 Funding of Approved Applications —Comprehensive care for infants with promote the purpose of title V of the Final funding decisions for SPRANS Sickle Cell Disease identified through Social Security Act, with special grants are the responsibility of the State newborn screening programs. emphasis on improving service delivery Director, MCHB. The following —Transition from pediatric to adult to women and children from culturally mechanisms, as defined below, may be care. To demonstrate models of care distinct populations; best address applied in determining scores for for individuals with genetic disorders Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8247 moving from pediatric care to adult, awarded in this category in FY 1995. projects in this subcategory; about family practice, and specialty care. For grants dealing with the content and $750,000 for up to 5 State primary Grants/Amounts: About $3.5 million organization of care, funding for 2 grants mental health partnership grants for 3 to will be available to support up to 20 is anticipated in the range of $150,000 5 years, and about $750,000 for up to 3 projects. Approximately 7 of these are per year for periods of up to 5 years. For mental health resource grants for up to expected to be competing renewals of adolescent health resource 5 years. existing projects, and approximately development, approximately 4–6 grants Contact: For programmatic 13 will be new. An average of about of $150,000-$200,000 each per year will information, contact Linda Johnston, $175,000 per award per year is be supported for up to 5 years. telephone 301 443–4026. anticipated. Project periods are up to Contact: For programmatic or technical information, contact David 4.1.2.3. Data Utilization and 3 years. Enhancement Contact: For programmatic or technical Heppel, M.D., telephone: 301 443–2250. Application Deadline: June 15, 1995. information, contact: Jane S. Lin-Fu, 4.1.2.2. School Health Program M.D., telephone: 301 443–1080. Purpose: To enable Federal, State, and Application Deadline: May 10, 1995. local MCH/CSHCN agencies, in 4.1.2. Maternal and Child Health Purpose: To strengthen the capacity of collaboration with State primary care Improvement Projects school-based and school-linked health planning, to develop data and data programs to address psychosocial issues Maternal and Child Health systems required under Title V and and mental health problems by Improvement Projects (MCHIP) are analyze data to facilitate needs enhancing primary mental health divided into 4 subcategories: Maternal, assessment, planning, monitoring or resources and services for school-age Infant, Child, and Adolescent Health; evaluation of maternal and child children and youth, including those School Health Program; Data Utilization agencies and comprehensive health with special health care needs. Primary services. and Enhancement; and Healthy mental health resources and services Tomorrows Partnerships for Children; Priorities: Proposals in this MCHIP include primary prevention, such as subcategory are invited in the following 4.1.2.1. Maternal, Infant, Child, and prevention of violent and health program areas: Adolescent Health. damaging behaviors; early problem —Enhancement of data collection and identification and intervention, Application Deadline: April 25, 1995. analysis capabilities of national, state including indicated referral and Purpose: To improve the health of all and local health agencies. followup; and collaboration with mothers, infants, children, and —Compilation and analysis of new data, ongoing care for chronic conditions. adolescents. and development and application of Priorities: Grants will be awarded in analytic techniques regarding the Priorities: Applicants in this MCHIP the following two areas: category are invited to submit proposals health status of and delivery of in the following program areas: —Development of infrastructure and comprehensive health care to mothers resources to build capacity for —Content And Organization Of Care For and children. primary mental health services in —Networking, coordination, and Women Of Child Bearing Age, Infants, school-based and school-linked health Children, Adolescents And Their integration of existing and proposed programs. Applicants are expected to resources and data and analysis Families. Grants will be provided for represent State-level partnerships projects which assist in developing systems developed in other states, among health, mental health and national organizations or mechanisms to define appropriate education agencies that are designed personal health care services, creating organizations. to assure accessibility to primary —Increasing national, state and local or enhancing collaborative systems to mental health services for school-age deliver such services, and identifying entities’ capacity to respond to and children and youth. Project emphasis implement changes in the measures to determine the quality of is on coordinating school-based and the content and mechanism of organization of health care resources. school-linked programs with multiple Grants/Amounts: An estimated services delivered. community resources in the public $500,000 will be available for 5 grants —Adolescent Health Resource health, mental health, substance in this subcategory at $100,000 per Development. Grants will be awarded abuse prevention and treatment, award per year. Project periods are up for the purpose of continuing the social service and other relevant to 3 years. capacity-building of State health systems to facilitate comprehensive Contact: For programmatic or agencies/maternal and child health approaches. technical information, contact Russ programs to meet the diverse health —Development of ‘‘state of the art’’ Scarato, telephone: 301 443–2340. needs of adolescents in a period of instructional materials and resources health care reform and the myriad of to strengthen the mental health 4.1.2.4. Healthy Tomorrows changes in States and communities. service capacity of primary care Partnerships for Children. Adolescent Health Resource Center providers for school-age children and Application Deadline: April 14, 1995. grants are intended to advance the youth. The emphasis is on enhancing Purpose: To support projects for knowledge and skills of State MCH primary mental health resources and children that improve access to health staff and local providers of adolescent services in school-based and school- services and utilize preventive health services through training and linked health programs; in addition, strategies. The initiative encourages technical assistance, information such staff development materials and additional support from the private development and dissemination, and resources will be available to sector and from foundations to form promotion of integrated systems community-based centers that furnish community-based partnerships to development that impact on primary health care to those in the coordinate health resources for pregnant adolescent access to prevention and school-age population who cannot be women, infants and children. health services. accessed through the schools. Priorities: Proposals in this MCHIP Grants/Amounts: A total of 10–12 Grants/Amounts: A total of $1.5 category are invited in the following grants, totalling $1 million will be million dollars will be available for program areas: 8248 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices —Local initiatives that are community- culturally competent service systems to 4.2.2. Partnership for Information and based, family-centered, assist State and local Title V and other Communication comprehensive and culturally related programs to furnish services for • Application Deadline: May 10, relevant and improve access to health culturally diverse CSHCN and their 1995. services for infants, children, families. Specifically, to: Purpose: To facilitate dissemination adolescents, or CSHCN. —Promote networking and information of new maternal and child health- —Initiatives which show evidence of a exchange among CSHCN/MCH related information to policy and capability to meet cost participation programs at all levels that advances decision makers in a format most useful goals by securing funds for the second their ability to assure that services to to them and provide those individuals and sequential years of the project. culturally diverse families having with a means of communicating issues In the interest of equitable geographic children with special health needs are directly to each other and to MCHB. distribution, special consideration for integrated into such programs in a This is a continuous Bureau activity funding will be given to projects from culturally competent manner. with a single priority—to enhance States without a currently funded —Foster linkages between such communication between the MCHB and project in this category. These States are programs and: (a) culturally diverse governmental, professional and private cited in the application guidance. consumers and families of children organizations representing leaders and • Grants/Amounts: About $500,000 with special health care needs; and (b) policy makers concerned with issues will be available to support up to 10 other public/private agencies or related to maternal and child health. new Healthy Tomorrows projects, at an groups at the Federal, State and local Organizations currently receiving average of $50,000 per award per year. levels, including those providing support as part of this cooperative The project period is 5 years. primary health care and services, that • Contact: For programmatic or agreement represent State governors and will enhance the development of their staffs; county health policymakers, technical information, contact Latricia culturally competent systems of care Robertson, M.S.N., M.P.H., telephone: municipal health policymakers, as well which are family-centered and at the as national membership organizations 301 443–3163. community level. representing groups or constituencies —Provide training, technical assistance, 4.2. Cooperative Agreements listed below. and consultation to the above To ensure continuity, membership for Cooperative agreements will be mentioned programs to advance the the organizations participating in PIC is awarded in 4 categories: Children with ‘‘state of the art’’ in the areas of: (a) rotated so that not all project periods Special Health Care Needs (CSHCN) staff/agency assessment and training; coincide. For this year, only national Cultural Competency Systems (b) development and implementation Implementation; Partnership for of culturally competent policies, membership organizations representing Information and Communication; procedures and practices; and (c) the following groups will be considered Childhood Injury Prevention; and Out- identification of resources for training for funding: Of-Home Child Care Health And Safety. and program implementation. —State Title V programs. It is anticipated that substantial —Support evaluation of existing —State legislators. Federal programmatic involvement will training materials and evaluation —Private business, particularly self- be required in these cooperative tools, develop and test new materials insured businesses. agreements. This means that after for adoption by CSHCN programs, and —Philanthropic organizations. award, awarding office staff provide identify model approaches. —Parent organizations. technical assistance and guidance to, or —Disseminate training materials, • Cooperative Agreement/Amounts: coordinate and participate in, certain principles, and model approaches for Up to 5 cooperative agreements totalling programmatic activities of award CSHCN and related programs. $1.2 million in FY 1995 will be awarded recipients beyond their normal Preference for funding will be given to in this category. Award amounts will stewardship responsibilities in the public or private non-profit vary with the level of proposed grantee administration of grants. Federal organizations having prior experience participation, as described in the involvement may include, but is not with CSHCN/MCH systems of care at application guidance. Awards will be limited to, planning, guidance, the Federal, State and local levels, and made for a project period of up to 5 coordination and participation in in the areas described above, especially years. programmatic activities. Periodic those which can demonstrate: • Contact: For programmatic or meetings, conferences, and/or —Measurable, positive outcomes in technical information, contact David communications with the award operationalizing cultural competence Heppel, M.D., telephone: 301 443–2250. in programs. recipient are held to review mutually 4.2.3. Childhood Injury Prevention agreed upon goals and objectives and to —Expertise in providing appropriate assess progress. Additional details on training and technical assistance • Application Deadline: March 31, the scope of Federal programmatic packages in a timely manner. 1995. involvement in cooperative agreements, —Establishment of linkages with related • Purpose: The Children’s Safety consistent with HRSA grants programs having cultural competency Network was established in FY 1990 to administration policy, will be included initiatives and expertise. provide technical assistance to States in the application guidance for these • Cooperative Agreement/Amounts: and communities in injury prevention cooperative agreements. Up to $250,000 will be available to and to consult with States and localities, support one new cultural competency develop and distribute publications, 4.2.1. Children with Special Health Care systems implementation cooperative organize conferences, and conduct Needs (CSHCN) Cultural Competency agreement focusing on the provision of training. MCHB is interested in Systems Implementation comprehensive care to CSHCN and their continuing this capacity. • Application Deadline: April 28, families. The project period is 5 years. • Priorities: During FY 1995, awards 1995. • Contact: For programmatic and will be made for a resource center • Purpose: To promote the design, technical information contact Ms. Diana focused on each of the following four implementation, and testing of Denboba, telephone 301–443–2370. special injury prevention topics: Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8249 —Rural Child and Adolescent Injury. priorities owing to the extensive Dated: February 8, 1995. —Adolescent Violence and Suicide. prescription in both the statute and Ciro V. Sumaya, —Injury Data. annual Congressional directives. Administrator. —Economics and Insurance Issues. Comments on this SPRANS notice [FR Doc. 95–3555 Filed 2–10–95; 8:45 am] All funded centers, together with the which members of the public wish to BILLING CODE 4160±15±U Children’s Safety Network site at the make are welcome at any time and may Education Development Center, will be submitted to: Director, Maternal and constitute the Children’s Safety Child Health Bureau, at the address National Institutes of Health Network. listed in the ADDRESSES section. • Cooperative Agreement/Amounts: Suggestions will be considered when Division of Research Grants; Notice of Up to 4 agreements, totaling $600,000, priorities are developed for the next Closed Meeting will be awarded in this category in FY solicitation. 1995. Pursuant to Section 10(d) of the • 5. Eligible Applicants Contact: For programmatic or Federal Advisory Committee Act, as technical information, contact Jean Any public or private entity, amended (5 U.S.C. Appendix 2), notice Athey, Ph.D., telephone: 301 443–4026. including an Indian tribe or tribal is hereby given of the following Division 4.2.4. Out-Of-Home Child Care Health organization (as defined at 25 U.S.C. of Research Grants Special Emphasis And Safety 450b), is eligible to apply for grants or Panel (SEP) meeting: cooperative agreements for project • Purpose/Agenda: To review individual Application deadline: April 27, categories covered in this grant applications. 1995. announcement. • Purpose: To continue support for a Name of SEP: Behavioral and national resource center which will: 6. Public Health System Reporting Neurosciences. —Maintain a reference collection Requirements Date: February 17, 1995. relating to health and safety in out-of- Time: 11:00 a.m. This program is subject to the Public Place: Georgetown Inn, Washington, DC. home child care settings. Health System Reporting Requirements —Maintain computerized databases, Contact Person: Dr. Carole Jelsema, (approved under OMB No. 0937–0195). Scientific Review Administrator, 5333 including states’ current health and Under these requirements, the safety standards; health consultants Westbard Ave., Room 319B, Bethesda, MD community-based nongovernmental 20892; (301) 594–7311. registry; and directory of conferences applicant must prepare and submit a and organizations. Public Health System Impact Statement The meeting will be closed in —Provide training and technical (PHSIS). The PHSIS is intended to accordance with the provisions set forth assistance on health and safety in provide information to State and local in secs. 552b(c)(4) and 552b(c)(6), Title child care programs. health officials to keep them apprised of 5, U.S.C. Applications and/or proposals —Develop and distribute resource proposed health services grant and the discussions could reveal materials and maintain applications submitted by community- confidential trade secrets or commercial communications links with the child based nongovernmental organizations care community. property such as patentable material within their jurisdictions. and personal information concerning • Cooperative Agreement/Amounts: Community-based nongovernmental individuals associated with the Approximately $350,000 will be applicants are required to submit the applications and/or proposals, the available annually for up to 5 years to following information to the head of the support a resource center to assist in disclosure of which would constitute a appropriate State and local health maintaining links with child care clearly unwarranted invasion of agencies in the area(s) to be impacted no providers and consumers regarding personal privacy. later than the Federal application health and safety in out-of-home child This notice is being published less receipt due date: care settings. than 15 days prior to the meeting due • Contact: For programmatic or (a) A copy of the face page of the to the urgent need to meet timing technical information, contact Denise application (SF 424). limitations imposed by the grant review Sofka, telephone: (301) 443–6600. (b) A summary of the project (PHSIS), cycle. The categories, priorities, special not to exceed one page, which provides: considerations and preferences (Catalog of Federal Domestic Assistance (1) A description of the population to Programs Nos. 93.306, 93.333, 93.337, described above are not being proposed be served. 93.393–93.396, 93.837–93.844, 93.846– for public comment this year. In July (2) A summary of the services to be 93.878, 93.892, 93.893, National Institutes of 1993, following publication of the provided. Health, HHS) Department’s Notice of Proposed Rulemaking to revise the MCH special (3) A description of the coordination Dated: February 6, 1995. project grant regulations at 42 CFR 51a, planned with the appropriate State and Susan K. Feldman, the public was invited for a 60-day local health agencies. Committee Management Officer, NIH. period to submit comments regarding all 7. Executive Order 12372 [FR Doc. 95–3461 Filed 2–10–95; 8:45 am] aspects of the SPRANS application and BILLING CODE 4140±01±M review process. Public comments The MCH Federal set-aside program regarding SPRANS priorities received has been determined to be a program during the comment period were which is not subject to the provisions of considered in developing this Executive Order 12372 concerning announcement. In responding to those intergovernmental review of Federal comments, the Department noted the programs. practical limits on Secretarial discretion The OMB Catalog of Federal Domestic in establishing SPRANS categories and Assistance number is 93.110. 8250 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices DEPARTMENT OF HOUSING AND Robinson, is hereby authorized to appeal. Appeals must be filed in the URBAN DEVELOPMENT exercise all the power and authority Bureau of Land Management at the vested in or delegated or assigned to the address identified above, where the Office of the Secretary Secretary of Housing and Urban requirements for filing an appeal may be [Docket No. D±95±1082; FR±3877±D±01] Development to be exercised obtained. Parties who do not file an concurrently with the Secretary. appeal in accordance with the requirements of 43 CFR Part 4, Subpart Delegation of Concurrent Authority to Section B. Authority Excepted the President, Government National E, shall be deemed to have waived their Mortgage Association There is excepted from the authority rights. delegated under Section A the authority Ana M. Stafford, AGENCY: Office of the Secretary, HUD. to sue and be sued. Land Law Examiner, Branch of Northern ACTION: Delegation of concurrent Section C. Delegation of Concurrent Adjudication. authority to the President, Government Authority Superseded [FR Doc. 95–3506 Filed 2–10–95; 8:45 am] National Mortgage Association. BILLING CODE 4310±JA±P The Delegation of Authority to the SUMMARY: The Secretary of Housing and Acting Deputy Secretary published in Urban Development is delegating to the the Federal Register on September 21, Fish and Wildlife Service President, Government National 1994, at 59 FR 48444, is hereby Mortgage Association, Dwight P. superseded. North American Wetlands Robinson, all power and authority Authority: Section 7(d), Department of Conservation Council; Meeting vested in or delegated or assigned to the Housing and Urban Development Act (42 Announcement Secretary of Housing and Urban U.S.C. 3535(d)). Development, to be exercised Dated: February 7, 1995. AGENCY: Fish and Wildlife Service, concurrently with the Secretary, with Henry G. Cisneros, Department of the Interior. the exception of the power to sue and Secretary of Housing and Urban ACTION: Notice of meeting. be sued. Development. EFFECTIVE DATE: February 7, 1995. [FR Doc. 95–3500 Filed 2–10–95; 8:45 am] SUMMARY: The North American FOR FURTHER INFORMATION CONTACT: Sam BILLING CODE 4210±32±P Wetlands Conservation Council E. Hutchinson, Associate General (Council) will meet on March 10 to Counsel for Human Resources Law, review proposals for funding submitted Office of General Counsel, Department DEPARTMENT OF THE INTERIOR pursuant to the North American of Housing and Urban Development, Wetlands Conservation Act. Upon Room 10242, 451 7th Street, SW., Bureau of Land Management, Alaska completion of the Council’s review, Washington, DC 20410, telephone (202) proposals will be submitted to the 708–2947. (This is not a toll-free [AK±964±1410±00±P; F±14934±A2 and F± Migratory Bird Conservation 14934±B2] number.) Commission with recommendations for SUPPLEMENTARY INFORMATION: Under Alaska Native Claims Selection funding. The meeting is open to the section 7(d) of the Department of public. Housing and Urban Development Act, In accordance with Departmental DATES: March 10, 1995, 9:00 a.m. 42 U.S.C. 3535(d), the Secretary of regulation 43 CFR 2650.7(d), notice is Housing and Urban Development may hereby given that a decision to issue ADDRESSES: The meeting will be held at delegate any of the Secretary’s conveyance under the provisions of Sec. the Grand Island Interstate Holiday Inn, functions, powers and duties to such 14(a) of the Alaska Native Claims Conference Room U, Grand Island, officers and employees of the Settlement Act of December 18, 1971, 43 Nebraska 68802. The North American Department as the Secretary may U.S.C. 1601, 1613(a), will be issued to Wetlands Conservation Council designate, and may authorize successive Shishmaref Native Corporation for Coordinator is located at U.S. Fish and redelegations of such functions, powers approximately 9,136 acres. The lands Wildlife Service, Arlington Square and duties as determined to be involved are in the vicinity of Building, 4401 N. Fairfax Drive, Suite necessary or appropriate. In the Shishmaref, Alaska, within Tps. 8 N., 110, Arlington, Virginia 22203. delegation of authority issued today, the Rs. 32, 33, and 35 W., and T. 9 N., R. FOR FURTHER INFORMATION CONTACT: 32 W., Kateel River Meridian, Alaska. Secretary is delegating to the President, Coordinator, North American Wetlands A notice of the decision will be Government National Mortgage Conservation Council, (703) 358–1784. Association, Dwight P. Robinson, all published once a week, for four (4) power and authority vested in or consecutive weeks, in The Nome SUPPLEMENTARY INFORMATION: In delegated or assigned to the Secretary, Nugget. Copies of the decision may be accordance with the North American to be exercised concurrently with the obtained by contacting the Alaska State Wetlands Conservation Act (Pub. L. Secretary, with the exception of the Office of the Bureau of Land 101–233, 103 Stat. 1968, December 13, power to sue and be sued. The Management, 222 West Seventh 1989), the North American Wetlands Government National Mortgage Avenue, #13, Anchorage, Alaska 99513– Conservation Council is a Federal-State- Association is part of the Department of 7599 ((907) 271–5960). Private body which meets to consider Housing and Urban Development (42 Any party claiming a property interest wetland acquisition, restoration, U.S.C. 3534(b)). which is adversely affected by the enhancement and management projects Accordingly, the Secretary delegates decision, an agency of the Federal for recommendation to and final as follows: government or regional corporation, approval by the Migratory Bird shall have until March 15, 1995 to file Conservation Commission. Proposals Section A. Authority Delegated an appeal. However, parties receiving from State and private sponsors require The President, Government National service by certified mail shall have 30 a minimum of 50 percent non-Federal Mortgage Association, Dwight P. days from the date of receipt to file an matching funds. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8251 Dated: January 27, 1995. DEPARTMENT OF JUSTICE Proposed Mollie H. Beattie, 1995 aggre- Director, U.S. Fish and Wildlife Service. Drug Enforcement Administration gate pro- Basic class duction [FR Doc. 95–3510 Filed 2–10–95; 8:45 am] quota BILLING CODE 4310±55±M [DEA No. 129P] (grams) Proposed 1995 Aggregate Production Hydrocodone (for conversion) .. 2,200,000 Quota for a Schedule II Controlled INTERSTATE COMMERCE Substance All interested persons are invited to COMMISSION submit comments or objections, in AGENCY: Drug Enforcement writing, regarding this proposal. If a [Finance Docket No. 32425] Administration. person believes that one or more of ACTION: Notice of a proposed 1995 these issues warrant a hearing, the Chicago SouthShore & South Bend aggregate production quota. RailroadÐOperation ExemptionÐ individual should so state and Illinois International Port District SUMMARY: This notice proposes a 1995 summarize the reasons for this belief. In the event that comments or Chicago SouthShore & South Bend aggregate production quota for objections to this proposal raise one or Railroad (CSS) filed a notice of hydrocodone (for conversion), a exemption to provide nonexclusive controlled substance in Schedule II of more issues which the Administrator switching service over 8.7 miles of yard the Controlled Substances Act (CSA). finds warrant a hearing, the and switching track entirely within the DATES: Comments or objections must be Administrator shall order a public Illinois International Port District. The received on or before March 15, 1995. hearing by notice in the Federal Register, summarizing the issues to be track generally is located north of 130th ADDRESSES: Send comments or Street and east of Doty Avenue on the objections to the Administrator, Drug heard and setting the time for the west bank of Lake Calumet in Chicago, Enforcement Administration, hearing. IL. The exemption was to become Washington, DC 20537, Attn: DEA The Office of Management and Budget effective on or about October 20, 1994. Federal Register Representative/CCR. has determined that notices of aggregate Any comments must be filed with the FOR FURTHER INFORMATION CONTACT: production quotas are not subject to Commission and served on: Jo A. Howard McClain, Jr., Chief, Drug & centralized review under Executive DeRoche, Weiner, Brodsky, Sidman & Chemical Evaluation Section, Drug Order 12866. Kider, P.C., 1350 New York Avenue, Enforcement Administration, N.W., Suite 800, Washington, D.C. This action has been analyzed in Washington, DC 20537, Telephone: 20005–4797. accordance with the principles and (202) 307–7183. This notice is filed under 49 CFR criteria contained in the Executive 1150.31. If the notice contains false or SUPPLEMENTARY INFORMATION: Section Order 12612 and it has been determined misleading information, the exemption 306 of the Controlled Substances Act that this matter does not have sufficient is void ab initio. Petitions to revoke the (CSA) (21 U.S.C. 826) requires that the federalism implications to warrant the exemption under 49 U.S.C. 10505(d) Attorney General establish aggregate preparation of a Federalism Assessment. may be filed at any time.1 The filing of production quotas for controlled The Deputy Administrator hereby a petition to revoke will not substances in Schedules I and II each certifies that this action will have no automatically stay the transaction. year. This responsibility has been significant impact upon small entities delegated to the Administrator of the Decided: February 1, 1995. within the meaning of and intent of the DEA pursuant to Section 0.100 of Title By the Commission, David M. Konschnik, Regulatory Flexibility Act, 5 U.S.C., 601, Director, Office of Proceedings. 28 of the Code of Federal Regulations. et seq. The establishment of annual The Administrator, in turn, has Vernon A. Williams, aggregate production quotas for redelegated this function to the Deputy Secretary. Schedules I and II controlled substances [FR Doc. 95–3516 Filed 2–10–95; 8:45 am] Administrator pursuant to 59 FR 23637 (May 6, 1994). is mandated by law and by international BILLING CODE 7035±01±P treaty obligations. While aggregate A company submitted an application for a manufacturing quota for production quotas are of primary 1 Simultaneously with the filing of the notice of importance to large manufacturers, their exemption, CSS filed a petition to dismiss; and, on hydrocodone (for conversion) a October 20, 1994, it submitted exhibits Schedule II controlled substance. Based impact upon small entities is neither inadvertently omitted from its petition. The on the review of this application and negative nor beneficial. Accordingly, the Railway Labor Executives’ Association and United other information available to the DEA, Deputy Administrator has determined Transportation Union, respectively, filed comments that this action does not require a on October 24 and November 3, 1994. Chicago Rail the Deputy Administrator of the DEA, Link (CRL), on November 3, 1994, petitioned to under the authority vested in the regulatory flexibility analysis. revoke the exemption and replied to CSS’s petition Attorney General by Section 306 of the Dated: February 6, 1995. to dismiss. Patrick W. Simmons, Illinois Legislative Controlled Substances Act of 1970 (21 Board Director, United Transportation Union Stephen H. Green, U.S.C. 826), delegated to the (Simmons), on November 9, 1994, petitioned to Deputy Administrator. reject or revoke the exemption and replied to the Administrator by Section 0.100 of Title petition to dismiss. CSS, on November 22, 1994, 28 of the Code of Federal Regulations, [FR Doc. 95–3456 Filed 2–10–95; 8:45 am] withdrew its petition to dismiss the exemption and and redelegated to the Deputy BILLING CODE 4410±09±M submitted a copy of a CRL letter withdrawing the latter’s petition to revoke. Thereafter, on November Administrator pursuant to 59 FR 23637 29, 1994, CSS replied to Simmons’ petition to reject (May 6, 1994), hereby proposes that the or revoke and reply to CSS’s petition to dismiss. 1995 aggregate production quota for the Simmons’ petition was considered as an appeal in following controlled substance, a separate decision, and that decision is being served simultaneously with this notice of expressed in grams of anhydrous base, exemption. be established as follows: 8252 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices LIBRARY OF CONGRESS of section 405 of [title 17], as such A PASO DE COJO sections were in effect during that ACOMPANAME Copyright Office period.’’ 17 U.S.C. 104A(a) (1993). A ADRIANA DEL RIO ACTRIZ AGENCIA S.O.S. S.A. [Docket No. RM 93±13C] motion picture or underlying work (such as original music or dramatic text AL CABO QUE NI QUERIA AL FINAL DEL ARCO IRIS Copyright Restoration of Certain embodied in the motion picture) ALBURES MEXICANOS Motion Pictures in Accordance With meeting these requirements ‘‘shall have ALLA EN LA PLAZA GARIBALDI the North American Free Trade copyright protection under [title 17] for AMBICION Agreement; List of Titles for Which the remainder of the term of copyright AMIGO Statements of Intent To Restore protection to which it would have been AMOR A LA MEXICANA Copyright Were Received entitled in the United States had it been AMOR LIBRE published with such notice.’’ Id. EL AMOR LLEGO MAS TARDE AGENCY: Copyright Office, Library of The Copyright Office notified the EL AMOR NUNCA MUERE Congress. public that copyright owners of AMOR PROHIBIDO EL ANO DE LA PESTE ACTION: qualifying works had to file with the Publication of list of restored ANORANZA NAFTA works. Office Statements of Intent to Restore ANTONIETA Copyright protection between January 1, APRENDIENDO A AMAR SUMMARY: The Copyright Office is 1994 (the date on which NAFTA EL ARABE publishing a list of 345 titles for which entered into force), and December 31, ARDIENTE SECRETO Statements of Intent to Restore 1994, to comply with the terms of the EL ARRACADAS Copyright in the United States have NAFTA Act. 59 FR 1408 (January 10, ASTUCIA been filed under terms of the North 1994). We stated that we would then B American Free Trade Agreement publish in the Federal Register the list (NAFTA) and its implementing statute. of works for which Statements were BAJO LA METRALLA Potential copyright owners of certain BARTOLO filed and which were determined to BELLA Y BESTIA motion pictures and their contents who meet the criteria for restoration. Id. The BIANCA VIDAL filed a complete and timely Statement of restoration of copyright protection for BLANCA NIEVES Y SUS SIETE AMANTES Intent with the Copyright Office on or these works was effective on January 1, LO BLANCO, LO ROJO & LO NEGRO before December 31, 1994, restored 1995, in accordance with section 104A BURLESQUE copyright protection in those works of title 17 of the United States Code as C effective January 1, 1995. Publication of amended by the NAFTA this list creates a record for the public Implementation Act. Section 104A(c) of EL CABALLITO VOLADOR regarding works for which complete this Act provides that U.S. nationals or LA CABRA CACERIA IMPLACABLE Statements of Intent have been filed domiciliaries who made or acquired CACHUN CACHUN RA RA with the Copyright Office. copies of a motion picture or their CADENA PERPETUA EFFECTIVE DATE: February 13, 1995. contents may publicly perform, sell or CAMINOS DE MICHOACAN distribute copies of these restored works FOR FURTHER INFORMATION CONTACT: CAMPANAS ROJAS or may continue such activities for up Marilyn J. Kretsinger, Acting General CANANEA to one year following publication of this EL CARA PARCHADA Counsel, Copyright GC/I&R, Post Office list of 345 titles of motion pictures LA CARABINA DE AMBROSIO Box 70400, Southwest Station, today. This provision of the NAFTA Act CARAS Y GESTOS Washington, D.C. 20024. Telephone: applies only to copies produced or LA CARAVANA DE LA MUERTE (202) 707–8380. Telefax: (202) 707– acquired before the date of enactment of LAS CARINOSAS 8366. CARNADA the implementing legislation (December CARNE DE HORCA SUPPLEMENTARY INFORMATION: The North 8, 1993). As to copies produced or American Free Trade Agreement CARTAS PARA UNA VICTIMA acquired after December 8, 1993, an CARTUCHO CORTADO (NAFTA) and the North American Free owner of a restored work listed below CASA DE HUESPEDES Trade Agreement Implementation Act may immediately enforce his or her LA CASA PROHIBIDA (NAFTA Act) (Pub. L. No. 103–182, 107 restored copyright against individuals CASCABEL Stat. 2057, 2115 (1993)), provide for the who infringe his or her rights. LA CASTA DIVINA restoration of copyright for certain This list of Restored Works is also CAZADOR DE TIBURONES works that were in the public domain in available in the Public Information CEPILLIN the United States. Under the new Office of the U.S. Copyright Office, EL CHACHARAS section 104A of title 17 of the United Library of Congress, Room 401, James EL CHAPULIN COLORADO States Code as provided by the NAFTA EL CHARRO DEL MISTERIO Madison Building, 101 Independence EL CHAVO Act, copyright protection could have Avenue, S.E., Washington, D.C. CHEPINA DE TODOS LOS MOLES been restored for certain motion Additionally, the complete Statements CHESPIRITO pictures that were first fixed or of Intent have been recorded on CHICOASEN published in Mexico or Canada, and any microfilm, and are available for CHIQUILLADAS work included in such motion pictures inspection or copying. These statements CHISPITA that was first fixed or published with have been indexed by title and the name LOS CHOLOLOCOS these motion pictures, if the work of the copyright owner; these records EL CIELO ES PARA TODOS ‘‘entered the public domain in the are available both online in the CINCO POLLAS EN PELIGRO United States because it was first Copyright Office and on Internet at EL COLOR DE NUESTRA PIEL COLORINA published on or after January 1, 1978, Marvel.loc.gov. EL COMBATE and before March 1, 1989, without the List of Restored Works by Title LOS COMPADRES notice required by sections 401, 402, or CON LA MUERTE EN ANCAS 403 of [title 17], the absence of which A CONFIDENCIAS has not been excused by the operation A FUEGO LENTO CONTACTO CHICANO Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8253 EL CONTRABANDO DEL PASO H MIL CAMINOS TIENE LA MUERTE EL CORAZON DE LA NOCHE LOS HERMANOS MACHORRO MIL MILLAS AL SUR COSA FACIL LA HIJA DE NADIE MIS HUESPEDES EL COYOTE Y LA BRONCA LA HIJA SIN PADRE MISTERIO CRONICA DE UNA FAMILIA EL HIJO DEL PALENQUE LAS MODELOS CRONICA INTIMA EL HIJO DEL VIENTO EL MOFLES Y LOS MECANICOS CUARTELAZO HISTORIAS VIOLENTAS MOJADO DE NACIMIENTO EL CUATRERO HOGAR DULCE HOGAR MOJADO POWER CUENTOS DE PRINCIPES & PRINCESAS EL HOGAR QUE YO ROBE EL MONASTERIO DE LOS BUITRES CUMBRES BORRASCOSAS II EL HOMBRE DE LOS HONGOS EL MORO DE CUMPAS LAS MOVIDAS DEL MOFLES D EL HOMBRE SIN MIEDO LOS HOMBRES NO DEBEN LLORAR MUCHACHA DE BARRIO DEJAME VIVIR HONRARAS A LOS TUYOS MUCHACHAS DE ACAPULCO DEL OTRO LADO DEL PUENTE HORA DE SILENCIO MUENCA ROTA EL DERECHO DE NACER II LA HORA DEL JAGUAR MUERTE A SANGRA FRIA EL DESCONCIDO HUEVOS RANCHEROS LA MUERTE DE UN PISTOLERO DEVERAS ME ATRAPASTE HUMILLADOS Y OFENDIDOS LA MUERTE DEL SOPLON EL DIABOLICO LA MUGROSITA DIAS DIFICILES I UNA MUJER MARCADA DIMAS DE LEON EL IMPERIO DE LA FORTUNA EL MUNDO DE LUIS DE ALBA DIMENSIONES OCULTAS LA INDIA BLANCA MUNDO MAGICO DIOS EL NINO Y EL MAR LOS INDOLENTES MUNECAS DE MEDIA NOCHE DISCOTECA ES AMOR EL INFIERNO DE TODOS TAN TEMIDO LAS MUSIQUERAS DISTRITO FEDERAL J N DOMENICA MONTERO NADIE ES INOCENTE DON HERCULANO ENAMORADO J.J. JUEZ NAUFRAGIO DONA HERLINDA Y SU HIJO JUAN CHARRASQUEADO - GABINO LA NINA DE LA MOCHILA AZUL DONDE TERMINA EL CAMINO BARRERA (SU VERDADERA HISTORIA) EL NINO DEL TAMBOR DOS MACHOS QUE LADRAN NO EL JUDICIAL (CARNE DE CANON) EL NINO Y LA ESTRELLA MUERDEN EL JUDICIAL 2 (CAZADORES DE NARCOS) JUVENTUD NO EMPUJEN NO ME LAS DES LLORANDO E LA JUVENTUD DE SOR JUANA NO TEMAS AL AMOR EL ELIGIDO L NO TODO LO QUE BRILLA ES ORO ELISA NOCHE A NOCHE EN BUSCA DEL PARAISO II LADRONZUELA NOCHE DE CARNAVAL EN EL CAMINO ANDAMOS LAGRIMAS DE AMOR LA NOCHE DEL KU KLUX KLAN EN EL PAIS DE LOS PIES LIGEROS LAGRIMAS NEGRAS NOCHES DE CABARET EN LA TORMENTA UNA LEYENDA DE AMOR NOVIOS Y AMANTES EN LA TRAMPA UNA LIMOSNA DE AMOR EN LAS GARRAS DE LA CIUDAD LA LLAMA DE TU AMOR O LLAMENME MIKE EL ENEMIGO ODISEA BURBUJAS ENRIQUE POLIVOZ LLOVIZNA OJO POR OJO EROTICA LO QUE EL CIELO NO PERDONA EL OTRO ES MI VIDA LO QUE IMPORTA ES VIVIR OYE SALOME! ESPEJISMO LONGITUD DE GUERRA ESTA NOCHE ES LUCIA LOS DE ABAJO P ESTA NOCHE EUROPA EL LUGAR SIN LIMITES PACTO DE AMOR ESTAS RUINAS QUE VES LUNA DE SANGRE PANDILLEROS DE LA MUERTE ESTELARES DEL SABADO M PARA GENTE GRANDE EL ESTUDIO DE LOLA PASIONES ENCENDIDAS EXTRANOS CAMINOS DEL AMOR LA MAFIA DE LA FRONTERA PECADO DE AMOR EL EXTRATERRESTRE LA MAFIA TIEMBLA PEDRO PARAMO LOS MAISTROS (pelados pero sabrosos) PELEA DE PERROS F MALDITA MISERIA LOS PENITENTES DEL PUP EL FANTASMA DEL LAGO LOS MALVIVIENTES EL PERDON DE LA HIJA DE NADIE FANTASTICO ANIMAL MAMA CAMPANITA PEREGRINA FIERAS CONTRA FIERAS MAMA SOLITA PERICO EL DE LOS PALOTES EL FISCAL DE HIERRO MARCHA NUPCIAL PERRO CALLEJERO I FRIDA NATURALEZA VIVA MARIA JOSE LOS PERROS DE DIOS FUEGO EN EL MAR MARIACHI PICARDIA MEXICANA LA FURIA DE UN DIOS MARIANA MARIANA PICARDIA MEXICANA II FUT-BOL DE ALCOBA MAS ALLA DEL DESEO PICARDIA MEXICANA III EL FUTBOLISTA FENOMENO MATAR POR MATAR LAS POBRES ILEGALES MATEN AL LEON EL PREMIO NOBEL DEL AMOR G MATINEE EL PRESO NO. 9 GABRIEL Y GABRIELA LA MAXIMA FELICIDAD PRESOS SIN CULPA LOS GEMELOS ALBOROTADOS ME LLEVA LA TRISTEZA LA PUERTA FALSA LAS GLORIAS DEL GRAN PUAS MEXICANO HASTA LAS CACHAS PUERTO MALDITO LA GOLFA DEL BARRIO MEXICO DE MIS AMORES LA PULQUERIA GOTITA DE GENTE MEXICO DOS MIL LA PULQUERIA DOS EL GRAN PERRO MUERTO MI AMOR FRENTE AL PASADO PUM! LOS GUARURAS MI AVENTURA EN PUERTO RICO LA GUERRA DE LOS PASTELES MI COLONIA LA ESPERANZA Q LA GUERRA DE LOS SEXOS MI NOMBRE ES SERGIO Y SOY QUE TE VAYA BONITO LA GUERRA ES UN BUEN NEGOCIO ALCOHOLICO QUE VIVA TEPITO LA GUERRA SANTA MI SECRETARIA QUIEREME SIEMPRE 8254 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices R EL VUELO DE LA CIGUENA panel’s discussions at the discretion of RAICES DE SANGRE X the panel chairman and with the RASTRO DE MUERTE approval of the full-time Federal RATAS DEL ASFALTO XE TU employee in attendance. RAZA DE VIVORAS Y If you need special accommodations RETRATO DE UNA MUJER CASADA Y AHORA QUE due to a disability, please contact the EL REY DE LA SELVA YARA Office of Special Constituencies, EL REY DE LOS TAHURES National Endowment for the Arts, 1100 LOS RICOS TAMBIEN LLORAN Z Pennsylvania Avenue, N.W., ROBACHICOS EL ZORRO BLANCO ROSALIA Washington, D.C. 20506, 202/682–5532, ROSARIO DE AMOR Dated: February 6, 1995. TYY 202/682–5496, at least seven (7) LA RULETERA Marybeth Peters, days prior to the meeting. Register of Copyrights. Further information with reference to S this meeting can be obtained from Ms. Approved: SABADO LOCO LOCO Yvonne Sabine, Committee Management SAN MIGUEL EL ALTO James H. Billington, Officer, National Endowment for the SANDRA Y PAULINA The Librarian of Congress. Arts, Washington, D.C., 20506, or call LA SANGRE DE ME RAZA [FR Doc. 95–3499 Filed 2–10–95; 8:45 am] SANTA 202/682–5433. SANTO EN EL MISTERIO DE LA PERLA BILLING CODE 1410±30±P Dated: February 7, 1995. NEGRA Yvonne M. Sabine, EL SANTO Y LA TIGRESA Director, Office of Council and Panel EL SECUESTRO DE LOS CIEN MILLONES NATIONAL FOUNDATION ON THE Operations, National Endowment for the Art. SECUESTRO EN ACAPULCO ARTS AND THE HUMANITIES LA SEDUCCION [FR Doc. 95–3501 Filed 2–10–95; 8:45 am] EL SEMENTAL International Advisory Panel; Notice of BILLING CODE 7537±01±M LA SENORITA ROBLES Y SU HIJO Meeting EL SEXOLOGO EL SHOW DE EDUARDO II Pursuant to Section 10(a)(2) of the International Advisory Panel; Notice of EL SHOW DEL LOCO VALDEZ Federal Advisory Committee Act (Public Meeting SIEMPRE EN DOMINGO Law 92–463), as amended, notice is Pursuant to Section 10(a)(2) of the LA SILLA VACIA hereby given that meeting of the SIN FORTUNA Federal Advisory Committee Act (Public SOLEDAD International Advisory Panel Law 92–463), as amended, notice is SON TUS PERJUMENES MUJER (International Projects Initiative Section) hereby given that meeting of the LA SUCESION to the National Council on the Arts will International Advisory Panel SUPER ESTELAR be held on March 13–15, 1995. The (Overview/US Host Organizations LOS SUPERSABIOS panel will meet from 9:00 a.m. to 6:00 Section) to the National Council on the T p.m. on March 13 and 14 and from 9:00 Arts will be held on March 16–17, 1995 a.m. to 5:00 p.m. on March 15. This from 9:00 a.m. to 6:00 p.m. This meeting EL TAHUR meeting will be held in Room 716, at the LAS TENTADORAS will be held in Room 716 at the Nancy TERROR Y ENCAJES NEGROS Nancy Hanks Center, 1100 Pennsylvania Hanks Center, 1100 Pennsylvania LA TIA ALEJANDRA Avenue, N.W., Washington, D.C., 20506. Avenue NW., Washington, DC 20506. TIEMPO DE LOBOS Portions of this meeting will be open This meeting will be open to the LA TIERRA PROMETIDA to the public from 9:00 a.m. to 10:00 public from 9:00 a.m. to 10:00 a.m. on TINTORERA a.m. on March 13 for introductions and March 16 for introductions and TODO UN HOMBRE instructions to the panel and from 4:00 instructions to panelists and from 9:00 TRAIGO LA SANGRE CALIENTE p.m. to 5:00 p.m. on March 15 for an a.m. to 6:00 p.m. on March 17 for 357 MAGNUM overview discussion. guidelines review and overview TRES CONTRA EL DESTINO The remaining portions of this TRES DE PRESIDIO discussion. LAS TRES TUMBAS meeting from 10:00 a.m. to 6:00 p.m. on The remaining portion of this meeting LOS TRIUNFADORES March 14; and from 9:00 a.m. to 4:00 from 10:00 a.m. to 6:00 p.m. on March p.m. on March 15 are for the purpose of 16 is for the purpose of Panel review, U Panel review, discussion, evaluation, discussion, evaluation, and EL ULTIMO DISPARO and recommendation on applications recommendation on applications for UN CORAZON PARA DOS for financial assistance under the financial assistance under the National UN ORIGINAL Y 20 COPIAS National Foundation on the Arts and the Foundation on the Arts and the UNA PURA Y DOS CON SAL Humanities Act of 1965, as amended, Humanities Act of 1965, as amended, V including information given in including information given in VA DE NUEZ confidence to the agency by grant confidence to the agency by grant VALENTIN LAZANA applicants. In accordance with the applicants. In accordance with the VARIEDADES DE MEDIA NOCHE determination of the Chairman of determination of the Chairman of VENENO PARA LAS HADAS February 8, 1994, these sessions will be February 8, 1994, this session will be VERONICA closed to the public pursuant to closed to the public pursuant to VIACRUSIS NACIONAL subsection (c)(4), (6) and (9)(B) of subsection (c)(4), (6) and (9)(B) of VIDAS ERRANTES section 552b of Title 5, United States VISITA AL PASADO section 552b of title 5, United States VISITANDO A LAS ESTRELLAS Code. Code. LA VIUDA NEGRA Any person may observe meetings, or Any person may observe meetings, or VIVIANA portions thereof, of advisory panels portions thereof, of advisory panels VIVIDORES DE MUJERES which are open to the public, and may which are open to the public, and may VIVIR ENAMORADA be permitted to participate in the be permitted to participate in the Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8255 panel’s discussions at the discretion of which are open to the public, and may including information given in the panel chairman and with the be permitted to participate in the confidence to the agency by grant approval of the full-time Federal panel’s discussions at the discretion of applicants. In accordance with the employee in attendance. the panel chairman and with the determination of the Chairman of If you need special accommodations approval of the full-time Federal February 8, 1994, this session will be due to a disability, please contact the employee in attendance. closed to the public pursuant to Office of Special Constituencies, If you need special accommodations subsection (c)(4), (6) and (9)(B) of National Endowment for the Arts, 1100 due to a disability, please contact the section 552b of Title 5, United States Pennsylvania Avenue NW., Washington, Office of Special Constituencies, Code. DC 20506, 202/682–5532, TYY 202/ National Endowment for the Arts, 1100 Any person may observe meetings, or 682–5496, at least seven (7) days prior Pennsylvania Avenue, NW., portions thereof, of advisory panels to the meeting. Washington, DC 20506, 202/682–5532, which are open to the public, and may Further information with reference to TYY 202/682–5496, at least seven (7) be permitted to participate in the this meeting can be obtained from Ms. days prior to the meeting. panel’s discussions at the discretion of Yvonne Sabine, Committee Management Further information with reference to the panel chairman and with the Officer, National Endowment for the this meeting can be obtained from Ms. approval of the full-time Federal Arts, Washington, DC 20506, or call Yvonne Sabine, Committee Management employee in attendance. 202/682–5433. Officer, National Endowment for the If you need special accommodations Dated: February 7, 1995. Arts, Washington, DC, 20506, or call due to a disability, please contact the Yvonne M. Sabine, 202/682–5439. Office of Special Constituencies, Director, Office of Council and Panel Dated: February 6, 1995. National Endowment for the Arts, 1100 Operations, National Endowment for the Arts. Yvonne M. Sabine, Pennsylvania Avenue NW., Washington, [FR Doc. 95–3502 Filed 2–10–95; 8:45 am] Director, Office of Council and Panel DC 20506, 202/682–5532, TYY 202/ BILLING CODE 7537±01±M Operations, National Endowment for the Arts. 682–5496, at least seven (7) days prior [FR Doc. 95–3502 Filed 2–10–95; 8:45 am] to the meeting. BILLING CODE 7537±01±M Further information with reference to Media Arts Advisory Panel; Notice of this meeting can be obtained from Ms. Meeting Yvonne Sabine, Committee Management Music Advisory Panel; Notice of Officer, National Endowment for the Pursuant to Section 10(a)(2) of the Meeting Arts, Washington, DC 20506, or call Federal Advisory Committee Act (Public 202/682–5439. Law 92–463), as amended, notice is Pursuant to Section 10(a)(2) of the hereby given that a meeting of the Federal Advisory Committee Act (Public Yvonne M. Sabine, Media Arts Advisory Panel (Radio/ Law 92–463), as amended, notice is Director, Office of Council and Panel Audio Production/Services Section) to hereby given that a meeting of the Music Operations, National Endowment for the Arts. the National Council on the Arts will be Advisory Panel (Overview/Composer in [FR Doc. 95–3504 Filed 2–10–95; 8:45 am] held on February 21–23, 1995. The Residence Section) to the National BILLING CODE 7537±01±M panel will meet from 9:00 a.m. to 6:30 Council on the Arts will be held on p.m. on February 21; from 9:00 a.m. to February 22–23, 1995 from 10 a.m. to 5:30 p.m. on February 22 and 23. This 5:30 p.m. on February 22 and from 9 NUCLEAR REGULATORY meeting will be held in Room 716, at the a.m. to 5:30 p.m. on February 23, 1995. COMMISSION Nancy Hanks Center, 1100 Pennsylvania This meeting will be held in Room M– Avenue NW., Washington, D.C. 20506. 14, at the Nancy Hanks Center, 1100 [Docket Nos. 50±352 and 50±353] Portions of this meeting will be open Pennsylvania Avenue NW., Washington, to the public from 9:00 a.m. to 9:30 a.m. DC 20506. Philadelphia Electric Co.; Limerick on February 21 for introductory remarks Portions of this meeting will be open Generating Station, Units 1 and 2; and from 4:30 p.m. to 5:30 p.m. on to the public from 10 a.m. to 5:30 p.m. Environmental Assessment and February 23, for a policy discussion. on February 22 for orientation and Finding of No Significant Impact The remaining portions of this opening remarks; an overview of Music The U.S. Nuclear Regulatory meeting, from 9:30 a.m. to 6:30 p.m. on Program categories and categories Commission (the Commission) is February 21; from 9:00 a.m. to 5:30 p.m. supporting composer activities; a considering issuance of an amendment on February 22; and from 9:00 a.m. to statement from the Director of the Music to Facility Operating License No. NPF– 4:30 p.m. on February 23 are fro the Program; a question and answer period; 85, issued to Philadelphia Electric purpose of Panel review, discussion, a session to identify the needs of the Company, (the licensee), for operation evaluation, and recommendation on composer; a discussion of the of the Limerick Generating Station, applications for financial assistance Millenium Projects, and guidelines Units 1 and 2, located in Montgomery under the National Foundation on the development. On February 23, open County, Pennsylvania. Arts and the Humanities Act of 1965, as sessions will be held from 9 a.m. to 12 amended, including information given p.m. for guidelines development and Environmental Assessment in confidence to the agency by grant from 4:30 p.m. to 5:30 p.m. for policy Identification of the Proposed Action applications. In accordance with the discussion and guideline review. determination of the Chairman of The remaining portion of this meeting This Environmental Assessment has February 8, 1994, these sessions will be from 1 p.m. to 4:30 p.m. on February 23 been prepared to address potential closed to the public pursuant to is for the purpose of Panel review, environmental issues related to the subsection (c)(4), (6) and (9)(B) of discussion, evaluation, and licensee’s application of December 9, section 552b of Title 5, United States recommendation on applications for 1993, as supplemented July 5, Code. financial assistance under the National September 9, October 19, November 19, Any person may observe meetings, or Foundation on the Arts and the 1994, January 6, and January 23, 1995, portions thereof, of advisory panels Humanities Act of 1965, as amended, to amend the Limerick Generating 8256 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Station (LGS), Units 1 and 2 operating January 23, 1995 submittal. The staff has staff concluded that the effect of licenses. The proposed amendment reviewed the potential radiological and makeup requirements at uprated power would increase the licensed thermal non-radiological effects of the proposed levels on the environment is not power level from 3293 Mwt to 3458 action on the environment as described significant. Mwt. This request is in accordance with below. The licensee does not expect any the generic boiling water reactor (BWR) increase in the cooling tower blowdown Non-Radiological Environmental power uprate program established by due to the physical limitation in the Assessment the General Electric Company (GE) and blowdown system. Likewise, the approved by U.S. Nuclear Regulatory Power uprate will not change the licensee does not expect any increase in Commission (NRC) staff in a letter of method of generating electricity nor the the blowdown discharge velocity. September 30, 1991. method of handling any influents from However, the licensee indicated that the The proposed action involves NRC nor effluents to the environment. blowdown discharge temperature will issuance of a license amendment to Therefore, no new or different types of increase less than 0.1°F. This increase the authorized power level by environmental impacts are expected. temperature rise will have an changing the operating license, The staff reviewed the insignificant effect on the thermal including Appendix A of the license nonradiological impact of operation at plume. This increase is within the (Technical Specifications). No change is uprated power levels on influents from NPDES permit limit. needed to Appendix B of the license the Perkiomen Creek, Schuylkill and An increase in cooling tower drift is (Environmental Protection Plan—Non- Delaware Rivers and effluents to the not anticipated for operation at uprated radiological). Schuylkill River. LGS, Units 1 and 2 conditions. Drift is a function of each have a closed-loop circulating physical geometry, water flow, and The Need for the Proposed Action water system and cooling tower for wind conditions, none of which are The proposed action is needed to dissipating heat from the main turbine changed by power uprate. Therefore, the permit an increase in the licensed core condensers. The cooling towers are licensee has indicated that the original thermal power from 3293 Mwt to 3458 operated in accordance with the evaluation of impacts to the terrestrial Mwt and provide the licensee with the requirements of National Pollution environment is not altered. flexibility to increase the potential Discharge Elimination System (NPDES) The only changes to the cooling tower electrical output of LGS, Units 1 and 2, Permit No. PA0051926. The current water chemistry are due to increased providing additional electrical power to permit was renewed on December 12, evaporation from the towers. service domestic and commercial areas. 1994 and is effective through December Concentrations of dissolved and 31, 1999. The only increase in LGS suspended solids in the blowdown will Environmental Impacts of the Proposed water intake due to operation at power increase approximately less than 7 Action uprate conditions is due to increased percent, which is within NPDES permit The ‘‘Final Environmental Statement evaporation in the hyperbolic natural limits. The licensee stated that the use (FES) Related to Operation of Limerick draft cooling towers. In the January 6, of biocides and corrosion inhibitors in Generating Station, Units 1 and 2’’ was 1995 letter, the licensee indicated that the circulating water system may change issued April 1984 (NUREG–0974). The the existing consumptive flow will as a result of operation at uprated power licensee submitted GE Topical Report, conservatively increase from 38,059,065 levels. However, the licensee stated that NEDC–32225P, ‘‘Power Rerate Safety to 40,723,200 gallons per day (total for change in chemical usage would not Analysis Report for Limerick Generating both units), depending on atmospheric impact existing NPDES permit Station, Units 1 and 2,’’ Class III, dated conditions. The velocity of the intake limitations. September 1993, as Attachment 3 to the water will increase less than 7 percent. Nonradiological effluent discharges December 9, 1993 submittal. NEDC– Makeup is drawn from the Schuylkill from other systems were also 32225P contains the safety analysis River, Perkiomen Creek, or the Delaware considered. Nonradiological effluent prepared by GE to support this license River, depending on flow and limits for such systems as yard drains, change request and the implementation temperature. When makeup is drawn sewage treatment plant, and laundry of power uprate at LGS, Units 1 and 2. from the Delaware River through the drains are established in the NPDES The analyses and evaluations Point Pleasant Pumping Station via the permit. Discharges from these systems supporting these proposed changes were Bradshaw Station, 3 percent additional are not expected to change significantly, completed using the guidelines in GE evaporative losses must be considered. if at all, because operation at uprated Topical Report NEDC–31897P–A, The increase makeup flow (including power levels is governed by the limits ‘‘Generic Guidelines for General Electric evaporative losses), is within the in the NPDES permit. Thus, the impact Boiling Water Reactor Power Uprate,’’ existing water diversion consumptive on the environment from these systems Class 3, dated May 1992, and NEDC– use limit of 42,000,000 gallons per day as a result of operation at uprated power 31948P, ‘‘Generic Evaluations of specified in the original permitting levels is not significant. General Electric Boiling Water Reactor evaluations. Operation at uprated power levels Power Uprate,’’ Class III, dated July Makeup water requirements for will not result in increased noise 1991. The NRC reviewed and approved systems and components other than the generation from the majority of plant GE Topical Reports NEDC–31897P–A cooling towers are not expected to equipment. Some of this equipment, and NEPC–31948P in a September 30, change due to operation at uprated such as the main turbine and generator 1991, letter and in a letter from W. power levels. The licensee indicated will operate at the same speed and thus Russell, NRC, to P. Marriotte, GE, dated that the only potential change is due to will not contribute to increased offsite July 31, 1992. increased reactor operating pressure noise. Other major plant equipment is The licensee provided information which could slightly increase leakage located within plant structures and will regarding the nonradiological and through valve packing. System leakage, not lead to increased offsite noise levels. radiological environmental effects of the however, is processed through the The main station transformers will proposed action in the December 9, liquid radwaste system and returned to operate at an increased kilovolt-ampere 1993 application and supplemental the condensate storage tank for reuse. level which will cause an insignificant information in the January 6, and Based on the above considerations, the increase in the overall noise level. The Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8257 makeup pumps, which are indoors, will reactor coolant resulted from coolant and dispose of gaseous radioactive operate at the same level, however, in activation products, activated corrosion waste generated during normal some cases cycling on slightly more products and fission products. Section operation and abnormal operational frequently. The pumps at the Bradshaw 8.5 of the Topical Report discussed the occurrences. These systems include the Station are variable speed and, when radiation levels during normal standby gas treatment system (SGTS), used, will operate at a slightly higher operation, normal post-operation, post- off-gas recombiner system, the ambient speed. The pumps are indoors; accident, and offsite doses during temperature charcoal treatment system, therefore, the outside noise level normal operation. Finally, Section 9.2 of and various building ventilation increase will be insignificant. NEDC–32225P presented the results of systems. Various devices and processes, The licensee has stated that there are calculated whole body and thyroid such as radiation monitors, filters, no changes required to the LGS doses at the uprated power and current isolation dampers, and fans, are used to Environmental Protection Plan as a authorized power conditions at the control airborne radioactive gases. The result of operation at uprated power exclusion area boundary and the low licensee states that the activity of levels. Specifically the licensee stated: population zone that might result from airborne effluents released through Other non-radiological environmental the postulated design basis radiological building vents is not expected to impacts of the proposed power rerate were accidents [i.e., loss-of-coolant-accident increase significantly with power uprate reviewed based on the information submitted (LOCA), main steam line break accident and the systems are designed to meet in the Environmental Report, Operating (MSLBA) outside containment, fuel the requirements of 10 CFR part 20 and License Stage, the NRC Final Environmental handling accident (FHA) and control 10 CFR part 50, appendix I. Statement (FES), Operating License rod drop accident (CRDA)]. In its power uprate submittal, the Appendix B (i.e., Environmental Protection In Section 8.1 of NEDC–32225P, the licensee has stated that the greatest Plan), the requirements of the applicable licensee stated that there will be only a contributor of radioactive gases is the NPDES permits, which include the outfall limits, and the Delaware River Basin slight increase in the liquid radwaste noncondensible radioactive gases from Commission Water Use permit. We have collection as a result of operation at the main condenser, including concluded the proposed power rerate will higher power levels. The liquid waste activation gases (principally N–16, O– have insignificant impacts on the non- system collects, monitors, processes, 19, and N–13) and radioactive noble gas radiological elements of concern and the stores, and returns processed parents. The increase in production of plant will be operated in an environmentally radioactive waste to the plant for reuse these gases is expected to be acceptable manner as established by the FES. or for discharge. The largest contributor approximately proportional to the core Existing Federal, State and Local regulatory to the liquid waste results from the power increase. These noncondensible permits presently in effect will accommodate backwash of the condensate radioactive gases, along with power rerate without modification. demineralizers and deepbeds. The rate nonradioactive air due to inleakage to The FES described the impact of plant of loading on the demineralizers the condenser, are continuously operation on fogging in the vicinity of increases, resulting in the average time removed from the main condensers by the facility. The FES discussed that the between backwash precoat being the stream jet air ejectors (SJAE). The increase in fogging due to plant reduced slightly; this reduction does not SJAEs discharge into the offgas system. operation was expected to blend in with affect plant safety. Similarly, the reactor The flow of these gases into the offgas the natural fog and be indistinguishable. water cleanup (RWCU) filter/ system is included with the flow of H2 The staff expects that operation of the demineralizers will require slightly and 02 to the recombiner, which will plant at uprated power levels will result more frequent backwashes due to also increase linearly with core power. in only a minimal increase in fogging slightly higher levels of activation and Radioactive gases and H2 and 02 pass over that discussed in the FES. Thus, fission products. The power uprate will from the recombiner through a holdup the impact of plant operation on local increase the flow rate through the pipe, cooler condenser, adsorber bed, fogging, including operation at uprated condensate demineralizers, with a and high-efficiency particulate air power, remains insignificant. subsequent reduction in the average (HEPA) filters and exit the facility Radiological Environmental Assessment time between backwashing. through the north stack. Gaseous Additionally, neither the floor drain activity effluent release rates are The licensee evaluated the impact of collector subsystem nor the waste monitored down stream of the adsorber the proposed amendment to show that collector subsystem is expected to bed and alarms are provided in the the applicable regulatory acceptance experience a significant increase in the control room. The licensee has stated criteria continue to be satisfied for the total volume of liquid waste due to that the operational increases in uprated power conditions. In operation at the uprated level. hydrogen, oxygen, and noble gases due conducting this evaluation, the licensee The licensee stated that while the to uprate are not significant when considered the effect of the higher activated corrosion products in liquid compared to the current total system power level on source terms, onsite and wastes are expected to increase flow which also includes air from offsite doses, and control room proportionally to the square of the condenser inleakage and steam flows habitability during both normal power increase, the total volume of from the air ejector. operation and accident conditions. The processed waste is not expected to The design basis for the offgas system licensee provided information regarding increase appreciably. Based on its is for activity release rates of 100,000 the radiological environmental effects of analyses of the liquid radwaste system, microcuries per second based on a the proposed action in NEDC–32225P the licensee has concluded the mixture of activation and fission and supplemental information in the requirements of 10 CFR part 20 and 10 product gases and fuel leakage and a 30- January 6, 1995 submittal. In Sections CFR part 50, appendix I, will be met. minute holdup time. The system is 8.1 and 8.2 of NEDC–32225P, the Based on the above considerations, the designed to meet the requirements of 10 licensee discussed the potential effect of staff concluded that the power uprate CFR part 20 and 10 CFR part 50, power rerate on liquid and gaseous will have no significant adverse effects appendix I. Performance of the system radioactive waste systems. Sections 8.3 on liquid effluents. at uprated power levels is expected to and 8.4 discussed the potential effect of The gaseous waste management remain within the system design basis power uprate on radiation sources in the systems collect, control, process, store and, thus, to continue to meet the 8258 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices requirements of 10 CFR part 20 and 10 zone (LPZ), and the control room. The LOCA radiological CFR part 50, appendix I. plant-specific results for power uprate consequences The contribution of gases to the remain well below established gaseous waste management system from UFSAR regulatory limits. The doses resulting Location dose Dose Limit building ventilation system is not from the accidents analyzed are (rem) (rem) @ expected to increase significantly with @3458 3527 compared below with the applicable MWt 1 power uprate because (1) the amount of dose limits. MWt fission products released into the reactor coolant depends on the number LOCA radiological Thyroid of nature of the fuel rod defects and is consequences dose ..... 0.62 0.63 75 1 not dependent on reactor power, and (2) UFSAR This number represents 102% of the the concentration of coolant activation Location dose Dose Limit power uprate level. Doses based on 102% are products is expected to remain (rem) (rem) @ consistent with Regulatory Guide 1.49, Revi- 3527 sion 1 guidance and are provided to allow for unchanged since the linear increase in @3458 1 MWt MWt possible instrument errors in determining the the production of these products will be power level. offset by the linear increase in steaming Exclusion rate. area: Based on a review of the licensee’s Based on its review of the gaseous Whole major assumptions and methodology waste management system, the staff body used in their reconstituted dose concluded that there will not be a dose ..... 0.67 0.68 25 calculations and the staff’s original significant adverse effect on airborne Thyroid safety evaluation, the staff concluded effluents as a result of the power rerate. dose ..... 0.15 0.15 300 that the offsite radiological The licensee has evaluated the effects Low popu- consequences and control room operator of the power uprate on in-plant lation doses at uprated power levels still radiation levels in the LGS facility zone: remain below 10 CFR part 100 dose Whole during normal and abnormal operation reference values and GDC 19 dose as well as from postulated accident body dose ..... 1.7 1.7 25 limits. Therefore, the staff concludes conditions. The licensee has concluded Thyroid that no significant adverse effect on that radiation levels from both normal dose ..... 0.04 0.04 300 radiation levels will result onsite or and accident conditions may increase Main control offsite from the planned power uprate. slightly. However, because many areas room: of the plant were designed for higher Whole It is expected that the increased than expected radiation sources, the body energy requirements associated with small increase in radiation levels dose ..... 4.6 4.7 5 operation at uprated power will require expected due to power uprate will not Thyroid an increase in the reload fuel affect radiation zoning or shielding in dose ..... 14.0 14.3 30 enrichment and will result in increased the plant. Beta ...... 7.6 7.8 30 burnup. The NRC previously evaluated During periods of normal and post- the environmental impacts associated operation conditions, individual worker FHA Radiological Consequences with burnup values of up to 60,000 exposures will be maintained within MWd/MT with fuel enrichments up to Exclusion 235 acceptable limits by the existing, as low 5 percent U (published in the Federal area: Register, 53 FR 6040 dated February 29, as is reasonably achievable (ALARA) Whole program, which controls access to body 1988). The staff concluded that the radiation areas. Procedure controls dose ..... 0.7 0.7 6 environmental impacts associated with compensate for slightly increased Thyroid Table S–3 of 10 CFR 51.51, Uranium radiation levels. dose ..... 0.95 0.98 75 Fuel Cycle Environmental Data, and The offsite doses associated with Table S–4 of 10 CFR 51.52, normal operation are not significantly Low popu- Environmental Impact of Transportation affected by operation at the uprated lation of Fuel and Waste, are conservative and power level, and are expected to remain zone: bound the corresponding impacts for below the limits of 10 CFR part 20 and Whole burnup levels of up to 60,000 MWd/ body 10 CFR part 50, appendix I. MtU and 235U enrichments up to 5 dose ..... 0.099 0.102 6 percent by weight. In the January 23, The main control room (MCR) Thyroid habitability was evaluated. Post- dose ..... 0.13 0.135 75 1995 submittal, the licensee indicated accident MCR and technical support that while fuel burnup and enrichment center doses were confirmed by the CRDA Radiological Consequences levels may increase as a result of licensee to be within the limits of operation at uprated power, the burnup General Design Criterion (GDC) 19 or 10 Exclusion and enrichment will remain within the CFR part 50, appendix A. area: 5 percent enrichment and 60,000 MWd/ The increase in LOCA radiological Whole MT value previously evaluated by the consequences due to power uprate was body staff. Based on the above cited analyzed by the licensees. The resultant dose ..... 0.04 0.042 6 environmental assessment and the offsite doses were found to be within Thyroid licensee’s statements regarding expected dose ..... 0.32 0.3 75 guidelines of 10 CFR part 100. The Low popu- burnup and enrichment values, the staff events evaluated for uprate were the lation concludes that the environmental effects LOCA, the MSLBA, the FHA, and the zone: of increased fuel cycle and CRDA. The whole body and thyroid Whole transportation activity as a result of doses were calculated for the exclusion body operation at uprated power levels are area boundary (EAB), low population dose ..... 0.014 0.0148 6 not significant. Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8259 The Commission has completed its Finding of No Significant Impact annotated bibliography prepared by the evaluation of the proposed action and Based upon the environmental Radiological Sciences Division of concludes that the NRC’s FES is valid assessment, the Commission concludes Brookhaven National Laboratory. for operation at the proposed uprated that the proposed action will not have This report presents regulatory power conditions for LGS, Units 1 and a significant effect on the quality of the guidance. It does not describe new or 2. The staff also concluded that the human environment. Accordingly, the proposed regulations, and licensees are plant operating parameters impacted by Commission has determined not to not required to adhere to its principles. the proposed uprate would remain prepare an environmental impact within the bounding conditions on Any discussion or specific information statement for the proposed action. that implies a new or proposed which the conclusions of the FES are For further details with respect to the based. regulatory requirement does so proposed action, see the licensee’s letter unintentionally. Rather, this should be The change will not increase the dated December 9, 1993, as probability or consequences of viewed as a practical guide to present a supplemented by letters dated July 5, management approach and describe accidents, no changes are being made in September 9, October 19, and November management tools which regulatory the types of any effluents that may be 19, 1994, and January 6, and January 23, agencies have observed to be effective released offsite, and there is no 1995, which are available for public significant increase in the allowable inspection at the Commission’s Public when managing a radiation safety individual or cumulative occupational Document Room, The Gelman Building, program at a medical facility. Even radiation exposure. 2120 L Street, NW., Washington, DC, though the radiation safety principles The NRC staff finds the radiological and at the local public document room and practices in NUREG–1516 are and nonradiological environmental located at the Pottstown Public Library, directed towards the safe use of impacts associated with the proposed 500 High Street, Pottstown, PA 19464. byproduct material, they have universal small increase in power are very small applicability and may be used by the Dated at Rockville, Maryland, this 7th day and do not change the conclusion in the of February 1995. RSO and other responsible individuals FES that the operation of LGS, Units 1 to manage the safe use of other sources For the Nuclear Regulatory Commission. and 2, would cause no significant of radiation for medical use not Chester Poslusny, adverse impact upon the quality of the specifically addressed in this report. human environment. Acting Director, Project Directorate I–2, Division of Reactor Projects—I/II, Office of Comments and suggestions on the Accordingly, the Commission Nuclear Reactor Regulation. Draft NUREG–1516 should be sent to concludes that there are no significant [FR Doc. 95–3520 Filed 2–10–95; 8:45 am] the Chief, Rules Review and Directives radiological environmental impacts Branch, Division of Freedom of associated with the proposed action. BILLING CODE 7590±01±M Information and Publications Services, Alternatives to the Proposed Action Office of Administration, U.S. Nuclear Draft NUREG: Issuance, Availability Since the Commission has concluded Regulatory Commission, Washington, there is no measurable environmental The Nuclear Regulatory Commission DC 20555–0001. Hand deliver impact associated with the proposed has issued a draft report entitled, comments to 11545 Rockville Pike, action, any alternatives with equal or ‘‘Management of Radioactive Material Rockville, Maryland, between 7:15 a.m. greater environmental impact need not Safety Programs at Medical Facilities’’ and 4:30 p.m. on Federal workdays. be evaluated. (NUREG–1516). This draft report, Copies of the comments received may The principal alternative to the action prepared by NRC staff and two be examined at the NRC Public would be to deny the request. Such representatives of Agreement States, is Document Room at 2120 L Street, NW., action would not significantly reduce available for review and comment. Washington, DC. Submit comments on the environmental impact of plant The draft report describes a this draft report by December 31, 1995. operation but would restrict operation systematic approach for effectively Comments received after this date will of LGS, Units 1 and 2 to the currently managing radiation safety programs at be considered if it is practical to do so, licensed power level and prevent the medical facilities. This is accomplished but the Commission is able to assure facility from generating approximately by defining and emphasizing the roles consideration only for those comments 60 MWe (165 MWt) additional that is of an institution’s executive received by this date. obtainable from the existing plant management, radiation safety officer Copies of draft NUREG–1516 may be design. (RSO), and radiation safety committee, if required. Various aspects of program obtained by written request or telefax Alternative Use of Resources management are discussed and (301–504–2260) from Distribution This action does not involve the use guidance is offered on selecting the Services, Printing and Mail Services of any resources not previously RSO, determining adequate program Branch, Office of Administration, U.S. considered in the ‘‘Final Environmental resources, using contractual services Nuclear Regulatory Commission, Statement related to the operation of such as consultants and service Washington, DC 20555–0001. Limerick Generating Station, Units 1 companies, conducting program audits, For further information contact Janet and 2,’’ dated April 1984. and clarifying the roles of physician Schlueter, Division of Industrial and authorized users and supervised Agencies and Persons Consulted Medical Nuclear Safety, Office of individuals. NRC’s reporting and Nuclear Material Safety and Safeguards, In accordance with its stated policy, notification requirements are outlined Mail Stop, T–8F5, U.S. Nuclear the staff consulted with the Bureau of and a general description is given of Regulatory Commission, Washington, Radiation Protection, Pennsylvania how NRC’s licensing, inspection, and DC 20555–0001, telephone (301) 415– Department of Environmental enforcement programs work. There are 7894. Resources, regarding the environmental 19 appendices that present detailed impact of the proposed action. The State information on specific aspects of Dated at Rockville, Maryland, this 25th day official had no comments. program management and include an of January 1995. 8260 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices For the Nuclear Regulatory Commission. reactor containment overall integrated complying with the intent of appendix Larry W. Camper, leakage rate (1) after the containment J, section III.D.1(a). Accordingly, the Acting Chief, Medical, Academic, and has been completed and is ready for staff finds that the performance of ILRTs Commercial Use Safety Branch, Division of operation, and (2) at periodic intervals during both the twelfth and thirteenth Industrial and Medical Nuclear Safety, Office thereafter.’’ A total of six Type A tests refueling outages would not result in a of Nuclear Material Safety and Safeguards. (ILRT) has been performed on the ANO– commensuate increase in the confidence [FR Doc. 95–3521 Filed 2–10–95; 8:45 am] 1 containment including the of containment integrity. Therefore, the BILLING CODE 7590±01±M preoperational ILRT that was performed subject exemption request meets the in 1973. Except for leakage detected by special circumstances of 10 CFR Type B and C tests, containment leakage 50.12(a)(2)(ii), in that in these particular [Docket No. 50±313] rates have always been below the ANO– circumstances, the fourth test is not 1 acceptance criteria. The requested Entergy Operations, Inc. (Arkansas necessary to achieve the underlying exemption does not affect the Nuclear One, Unit 1); Exemption purpose of the rule. performance of Type B and C leakage On this basis, the NRC staff finds that I tests which are expected to detect the the licensee has demonstrated that most probable sources of containment special circumstances are present as Entergy Operations, Inc. (the licensee) leakage. required by 10 CFR 50.12. Further the is the holder of Operating License No. In order to schedule the next ILRT staff also finds that extending the DPR–51, which authorizes operation of (the third ILRT of this service period) schedule for the third ILRT to beyond Arkansas Nuclear One, Unit 1 (ANO–1). such that it coincides with the 10-year the 10-year service period will not The operating license provides, among inservice inspections, the licensee has present a undue risk to the public health other things, that it is subject to all requested a one-time exemption from and safety. rules, regulations, and orders of the the appendix J requirements. The Commission now and hereafter in effect. exemption would permit the licensee to IV The facility consist of pressurized perform the ILRT together with the 10- Accordingly, the Commission has water reactor at the licensee’s site in year inservice inspections that are determined pursuant to 10 CFR 50.12(a), Pope County, Arkansas. schedule during the thirteenth refueling that this exemption is authorized by law II outage. If performed during the and will not endanger life or property or thirteenth refueling outage, the third the common defense and security and is Section III.D.1(a) of appendix J to 10 ILRT will not be completed until after otherwise in the public interest. CFR part 50 requires, ‘‘* * * a set of the end of the current 10-year service Therefore, the Commission hereby three Type A tests [Overall Integrated period. To comply with regulations as grants Entery Operations, Inc. an Containment Leakage Rate Tests, or written, an ILRT would be required exemption from the requirements of 10 ILRTs] shall be preformed, at during the twelfth refueling outage to CFR part 50, appendix J, section approximately equal intervals during satisfy the requirement for three ILRTs III.D.1(a). each 10-year service period. The third during the 10-year service period and Pursuant to 10 CFR 51.32, the test of each set shall be conducted when another ILRT would be required during Commission has determined that the the plant is shutdown for the 10-year the thirteenth refueling outage to satisfy granting of this exemption will have no plant inservice inspection.’’ By letter the requirement for the third ILRT to be significant impact of the quality of the dated November 8, 1994, the licensee performed when the plant is shutdown human environment (60 FR 6568). requested an exemption from this for the 10-year inservice inspections. requirement of the Commission’s Dated at Rockville, Maryland this 3rd day The thirteenth refueling outage is of February 1995. regulations. currently scheduled for the summer of For the Nuclear Regulatory Commission. The NRC may grant exemptions from 1996 and an ILRT performed during this Elinor G. Adensam, the requirements of the regulations, refueling outage would result in a test pursuant to 10 CFR 50.12, that (1) are interval between the second and third Deputy Director, Division of Reactor Projects III/IV, Office of Nuclear Reactor Regulation. authorized by law, will not present an ILRTs of approximately 53 months. If undue risk to the public health and the ILRT were performed during the [FR Doc. 95–3522 Filed 2–10–95; 8:45 am] safety, and are consistent with the twelfth refueling outrage, currently BILLING CODE 7590±01±M common defense and security; and (2) scheduled for early 1995, the interval present special circumstances. Section between the second and third ILRTs 50.12(a)(2) of 10 CFR part 50 describes would be approximately 34 months. In PENSION BENEFIT GUARANTY special circumstances as including cases the absence of the exemption and CORPORATION that would not serve the underlying related technical specification changes, purpose of the rule or are not necessary the licensee would be required to Request for Review Under the to achieve the underlying purpose of the perform ILRTs during both the twelfth Paperwork Reduction Act; Collection rule. and thirteenth refueling outages. A of Information Under 29 CFR Part 2645, In its November 8, 1994, letter, the requirement to perform ILRTs during Extension of Special Withdrawal licensee also applied for an amendment two consecutive refueling is clearly Liability Rules to Facility Operating License No. DPR– beyond the intent of the regulations and AGENCY: Pension Benefit Guaranty 51 to change related provisions of the given the satisfactory results of previous Corporation. ANO–1 Technical Specifications (TSs). tests at ANO–1, there is little, if ACTION: Notice of request for OMB The TS amendment request will be anything, to gain from two closely review. addressed as a separate action. spaced tests. For the reasons set forth above, the SUMMARY: This notice advises the public III NRC staff concludes that this one-time that the Pension Benefit Guaranty The Type A test is defined in 10 CFR relief from the requirement to perform Corporation has requested review by the part 50, appendix J, section II.F, as a the third ILRT within a 10-year service Office of Management and Budget for a ‘‘test intended to measure the primary period is not significant in terms of collection of information (1212–0023) Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8261 contained in its regulation on Extension Request for Review Under the requirements of ERISA section 4231 and of Special Withdrawal Liability Rules Paperwork Reduction Act; Collection the regulation. (29 CFR part 2645). of Information Under 29 CFR Part 2672, The PBGC estimates that it takes a Mergers And Transfers Between respondent an average of 5 hours to ADDRESSES: All written comments Multiemployer Plans prepare a submission under the should be addressed to: Office of regulation and, based on its experience, Management and Budget, Paperwork AGENCY: Pension Benefit Guaranty that about 20 submissions are made Reduction Project (1212–0023), Corporation. each year. Washington, DC 20503. The request for ACTION: Notice of request for OMB Accordingly, the estimated burden of review will be available for public review. the collection of information is 100 inspection at the PBGC hours. Communications and Public Affairs SUMMARY: This notice advises the public that the Pension Benefit Guaranty Issued at Washington, DC, this 7th day of Department, Suite 240, 1200 K Street February 1995. NW., Washington, DC 20005–4026, Corporation has requested review by the Office of Management and Budget for a Martin Slate, between the hours at 9:00 a.m. and 4:00 Executive Director, Pension Benefit Guaranty p.m. collection of information (1212–0022) contained in its regulation on Mergers Corporation. FOR FURTHER INFORMATION CONTACT: and Transfers Between Multiemployer [FR Doc. 95–3446 Filed 2–10–95; 8:45 am] Deborah C. Murphy, Attorney, Office of Plans (29 CFR part 2672). BILLING CODE 7708±01±M the General Counsel, Suite 340, Pension ADDRESSES: All written comments Benefit Guaranty Corporation, 1200 K should be addressed to: Office of Street NW., Washington, DC 20005– Management and Budget, Paperwork SECURITIES AND EXCHANGE COMMISSION 4026, 202–326–4024 (202–326–4179 for Reduction Project (1212–0022), TTY and TDD). Washington, DC 20503. The request for review will be available for public Request Under Review by Office of SUPPLEMENTARY INFORMATION: This inspection at the PBGC Management and Budget collection of information is contained in Communications and Public Affairs Acting Agency Clearance Officer: David the Pension Benefit Guaranty Department, Suite 240, 1200 K Street T. Copenhafer, (202) 942–8800 Corporation’s (‘‘PBGC’s’’) regulation on NW., Washington, DC 20005–4026, Upon written request copies available Extension of Special Withdrawal between the hours of 9 a.m. and 4 p.m. from: Securities and Exchange Liability Rules, 29 CFR part 2645. FOR FURTHER INFORMATION CONTACT: Commission, Office of Filings and Sections 4203(f) and 4208(e)(3) of the Deborah C. Murphy, Attorney, office of Information Services, Washington Employee Retirement Income Security the General Counsel, Suite 340, Pension DC 20549 Act of 1974 (‘‘ERISA’’) provide for the Benefit Guaranty Corporation, 1200 K Proposed Amendment Form BD File No. PBGC’s issuance of regulations under Street NW., Washington, DC 20005– 270–19 which the PBGC may approve a 4026, 202–326–4024 (202–326–4179 for Notice is hereby given that pursuant multiemployer pension plan’s adoption TTY and TDD). to the Paperwork Reduction Act of 1980 of special rules for determining whether SUPPLEMENTARY INFORMATION: This (44 U.S.C. 3501 et seq.), the Securities a complete or partial withdrawal from collection of information is contained in and Exchange Commission has the plan has occurred. Section 4203(f) the Pension Benefit Guaranty submitted for the Office of Management also sets standards for the approval of Corporation’s (‘‘PBGC’s’’) regulation on and Budget approval on the proposed such special rules. The PBGC’s Mergers and Transfers Between amendments to Form BD [17 CFR regulation on Extension of Special Multiemployer Plans, 29 CFR Part 2672. 249.501] under the Securities Exchange Withdrawal Liability Rules requires the Section 4231 of the Employee Act of 1934 (15 U.S.C. 78a et seq.). plan sponsor of a plan that adopts Retirement Income Security Act of 1974 Form BD is used to apply for (ERISA) imposes requirements on registration as a broker-dealer and for special rules to submit information multiemployer plan mergers and firms other than banks and registered about the rules, the plan, and the transfers and provides that a merger or broker-dealers to apply for registration industry in which the plan operates transfer will be deemed not to be in as a municipal securities dealer or a with its request for PBGC approval of violation of ERISA section 406 (a) or government securities broker-dealer. the rules. The PBGC uses that (b)(2) (dealing with prohibited Form BD also is used to amend such information in determining whether the transactions) if the PBGC determines applications when any information plan’s special withdrawal liability rules that those requirements are satisfied. previously filed on Form BD becomes meet the requirements of ERISA. Pursuant to section 4231, the PBGC has inaccurate. It is estimated that 1,200 The PBGC estimates that it receives promulgated its regulation on Mergers broker-dealers annually will incur an three requests per year under the and Transfers Between Multiemployer average burden of 2.75 hours to file regulation and that each request takes Plans (29 CFR part 2672), which sets initial or successor applications for sixteen hours to prepare. Thus, the total forth (in §§ 2672.2, 2672.7, and 2672.8) registration on Form BD for an annual estimated burden is 48 hours per year. the procedures a plan sponsor must burden of 3,300 hours. It also is follow to give the PBGC notice of a estimated that broker-dealers will file Issued at Washington, DC, this 7th day of merger or transfer under section 4231 or 12,000 amendments annually, and will February 1995. to request a PBGC determination that a incur an average burden of 20 minutes Martin Slate, merger or transfer complies with the to file amendments on Form BD for an Executive Director, Pension Benefit Guaranty requirements of section 4231. The PBGC annual burden of 3,960 hours. The total Corporation. uses information submitted by annual burden for Form BD and Form [FR Doc. 95–3447 Filed 2–10–95; 8:45 am] multiemployer plan sponsors under the BD amendments is 7,260 hours. BILLING CODE 7708±01±M regulation to determine whether Direct general comments to the mergers and transfers conform to the Clearance Officer for the Securities and 8262 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Exchange Commission at the address substantive reordering of the existing person controlling, controlled by, or below. Direct any comments concerning rules, interpretations, and other under common control with FRIMCo the accuracy of the estimated average provisions of the Manual intended to (within the meaning of section 2(a)(9) of burden hours for compliance with the establish a more logical progression of the Act) may in the future serve as Commission rules and forms to David T. rules within the Manual. All rules in the investment adviser. Copenhafer, Acting Director, Office of NASD Manual, including not only the RELEVANT ACT SECTIONS: Order requested Information Technology, Securities and current Rules of Fair Practice, but also, under section 6(c) of the Act for Exchange Commission, 450 Fifth Street, for example, such specialized rules as conditional exemptions from sections NW., Washington, DC 20549 and the the Government Securities Rules, 18(f), 18(g), and 18(i) of the Act. Clearance Officer for the Securities and Nasdaq Rules, and the Code of SUMMARY OF APPLICATION: Applicants Exchange Commission, Project Number Arbitration Procedure will be numbered seek an order that would permit them to 3235–0012, Office of Management and consecutively throughout the Manual issue an unlimited number of classes of Budget, New Executive Office Building, and considered together as ‘‘Rules. The shares representing interests in the same Room 3208, Washington DC 20503. amendments will require certain portfolio of securities. Dated: February 3, 1995. changes in numbering and terminology FILING DATE: The application was filed Margaret H. McFarland, in the By-Laws and Rules of the NASD. In addition, a common numbering and on October 25, 1994, and was amended Deputy Secretary. naming scheme for subdivisions within on January 9, 1995, and on February 1, [FR Doc. 95–3495 Filed 2–10–95; 8:45 am] a Rule will be used. Discussion of the 1995. BILLING CODE 8010±01±M specific changes were included in the HEARING OR NOTIFICATION OF HEARING: An Federal Register notice. order granting the application will be Release No. 34±35334; File No. SR±NASD± The Commission finds the proposed issued unless the SEC orders a hearing. 94±63] rule change consistent with the Interested persons may request a provisions of Section 15A(b)(6) of the hearing by writing to the SEC’s Self-Regulatory Organizations; Order Act,5 in that the proposal simplifies the Secretary and serving applicants with a Approving Proposed Rule Change by terminology used for rules and corrects copy of the request, personally or by National Association of Securities inadvertent errors and omissions. The mail. Hearing requests should be Dealers, Inc., Relating to Numbering Commission believes that making the received by the SEC by 5:30 p.m. on and Terminology of Rules and NASD Manual easier to use may March 3, 1995, and should be Correction of Cross References enhance the protection of investors and accompanied by proof of service on February 6, 1995. the public interest. applicants, in the form of an affidavit or, It is therefore ordered, pursuant to On December 13, 1994, the National for lawyers, a certificate of service. Section 19(b)(2) of the Act, that the Association of Securities Dealers, Inc. Hearing requests should state the nature proposed rule change SR–NASD–94–64 (‘‘NASD’’ or ‘‘Association’’) filed a of the writer’s interest, the reason for the be, and hereby is, approved, effective proposed rule change 1 that recognizes request, and the issues contested. February 9, 1995. the NASD Manual with the Securities Persons who wish to be notified of a and Exchange Commission (‘‘SEC’’ or For the Commission, by the Division of hearing may request notification by ‘‘Commission’’) pursuant to Section Market Regulation, pursuant to delegated writing to the SEC’s Secretary. 6 19(b)(1) of the Securities Exchange Act authority. ADDRESSES: Secretary, SEC, 450 Fifth of 1934 (‘‘Act’’) 2 and Rule 19b–4 [FR Doc. 95–3496 Filed 2–10–95; 8:45 am] Street N.W., Washington, D.C. 20549. thereunder.3 The Commission BILLING CODE 8010±01±M Applicants, 909 A Street, Tacoma, published notice of the proposed rule Washington 98402. change in the Federal Register on [Investment Company Act Release No. FOR FURTHER INFORMATION CONTACT: January 5, 1995.4 No comments were 20883; 812±9304] Sarah A. Wagman, Staff Attorney, (202) received in response to the notice. For 942–0654, or Barry D. Miller, Senior the reasons discussed below, the Frank Russell Investment Company, et Special Counsel, (202) 942–0564 Commission is approving the proposed al.; Notice of Application (Division of Investment Management, rule change. Office of Investment Company February 6, 1995. The rule change amends Articles I, III, Regulation). IV, V, VII, VIII, IX, XII and XVII of the AGENCY: Securities and Exchange Commission (‘‘SEC’’). SUPPLEMENTARY INFORMATION: The By-Laws; and Articles, I, II, III, IV and following is a summary of the ACTION: Notice of application for V of the Rules of Fair Practice. The new application. The complete application language was included in the notice of exemption under the Investment Company Act of 1940 (the ‘‘Act’’). may be obtained for a fee at the SEC’s the proposed rule change. The Public Reference Branch. amendments are part of a multi-phase APPLICANTS: Frank Russell Investment program in which the NASD is Applicants’ Representations Company, including all current and reorganizing the NASD Manual to make future series thereof, (the ‘‘Investment 1. The Investment Company is a it easier to use by members and other Company’’); Frank Russell Investment Massachusetts business trust registered users. The amendments are a non- Management Company (‘‘FRIMCo’’), under the Act as an open-end Russell Fund Distributors, Inc. (‘‘RFD’’), management investment company. The 1 The NASD originally submitted the proposed rule change on November 28, 1994. On December and all future registered open-end Investment Company is a series 13, 1994, the NASD filed Amendment No. 1 to its management investment companies company and consists of twenty-two filing requesting that certain language be deleted distributed by RFD or for which separate series, each of which has and substituted with the word ‘‘unchanged’’. This FRIMCo serves in the future as separate investment objectives and order reflects the amendment. policies (the existing and future series of 2 15 U.S.C. 78s(b)(1). investment adviser, or for which any 3 17 CFR 240.19b–4. the Investment Company are 4 Securities Exchange Act Release No. 35150 5 15 U.S.C. Sec. 78o–3. collectively referred to as the ‘‘Funds’’). (December 23, 1994), 60 FR 1808. 6 17 CFR 200.30–3(a)(12). FRIMCo is the investment adviser (the Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8263 ‘‘Adviser’’) and RFD is the distributor of of New Shares could, as more fully with such other characteristics as the the Investment Company. The Funds described below, also bear certain other Funds may establish; 3 (b) tax-exempt consist of both money market funds and expenses (‘‘Class Expenses’’) that are retirement plans of FRIMCo and its funds with fluctuating net asset values, directly attributable only to the class; (d) affiliates, including the retirement plans the shares of which are sold and only the holders of the New Shares of of FRIMCo’s affiliated brokers; (c) banks redeemed daily at net asset value the class or classes involved would be and insurance companies that are not without a sales or redemption change. entitled to vote on matters pertaining to affiliated with FRIMCo purchasing for 2. Applicants proposed to create a a Plan and any related agreements their own investment; (d) investment multi-class distribution system.1 The relating to such class or classes; and (e) companies not affiliated with FRIMCo; Investment Company would be classes of New Shares may have and (e) endowment funds of non-profit permitted to offer an unlimited number different exchange privileges. organizations that are not affiliated with of additional classes of shares (‘‘New 5. Expenses of the Investment FRIMCo (each, an ‘‘Institutional Shares’’) in connection with (a) a plan Company that cannot be attributed Investor’’). adopted pursuant to rule 12b–1 under directly to any one Fund will be 9. Each class of Institutional Shares the Act (the ‘‘Services Plan’’); and/or (b) allocated to each Fund based on the will have attributes designed to meet a non-rule 12b–1 administrative plan relative net assets of such Fund specific investment needs of a particular (the ‘‘Shareholder Administrative (‘‘Investment Company Expenses’’). category of Institutional Investor. Plan’’); or (c) neither the Services Plan Expenses that may be attributable to a Institutional Shares will be subject to nor the Shareholder Administrative Fund but not to a particular class will either lower or no servicing fees under Plan (collectively, the ‘‘Plans’’). The be allocated to a class (‘‘Fund any Plan, and may bear lower transfer services provided pursuant to the Plans Expenses’’). agency fees and other operating will augment or replace (and not be 6. FRIMCo may choose to reimburse expenses than some other classes of duplicative of) the services to be or waive Class Expenses of certain shares. Only Institutional Investors will provided to the Funds by FRIMCo and classes on a voluntary, temporary basis. be eligible to invest in Institutional RFD. Applicants propose to ‘‘unbundle’’ The amount of Class Expenses waived Shares. Applicants may choose not to the services to be provided to the Funds or reimbursed by FIRMCo may vary make a particular class of Institutional to permit organizations, such as broker- from class to class. Class Expenses are, Shares available to one or more dealers or banks, to select those services by their nature, specific to a given class categories of Institutional Investors. they wish to provide to their customers and therefore are expected to vary from No Institutional Investor that is under Services Plan agreements and/or one class to another. Applicants thus eligible to invest in any class of Shareholder Administrative Plan believe that it is acceptable and Institutional Shares will be permitted to consistent with shareholder agreements (collectively, ‘‘Plan invest in any class other than a class of expectations to reimburse or waive Institutional Shares. Accordingly, there Agreement’’).2 Class Expenses at different levels for will be no overlap between the investors 3. A Fund would pay the distributor different classes of the same Fund. eligible to invest in Institutional Shares and/or an organization for its services 7. In addition, FRIMCo may waive or and investors eligible to invest in other and assistance in accordance with the reimburse Investment Company shares of a Fund. terms of its particular Plan Agreement(s) Expenses and/or Fund Expenses (with (the ‘‘Plan Payments’’). Plan Payments or without a waiver or reimbursement of Applicants’ Legal Analysis will not exceed the limits imposed Class Expenses) but only if the same 1. Applicants request an order under Article III, Section 26 of the Rules proportionate amount of Investment pursuant to section 6(c) of the Act of Fair Practice of the National Company Expenses and/or Fund exempting them from sections 18(f)(1) Association of Securities Dealers Expenses is waived or reimbursed for and 18(g) of the Act to the extent that (‘‘NASD’’). each class. Thus, any Investment the proposed issuance and sale of an 4. The New Shares of a Fund would Company Expenses that are waived or unlimited number of classes of new be identical in all respects, except that: reimbursed would be credited to each Shares may result in a ‘‘senior security’’ (a) Each class of New Shares would class of a Fund based on the relative net prohibited by section 18(f), and in a have a different class designation; (b) assets of the classes. Similarly, any violation of section 18(i), to the extent each class of New Shares offered in Fund Expenses that are waived or that the different voting rights connection with a Plan would bear the reimbursed would be credited to each associated with such classes may be expense of the Plan Payments class of that Fund according to the deemed to result in one or more classes applicable to such class; (c) each class relative net assets of the classes. of shares having unequal voting rights Investment Company Expenses and with other classes of shares. 1 Existing shares of the Funds are expected to Fund Expenses apply equally to all 2. The proposed allocation of comprise one or more different classes. 2 Twelve of the Funds (the ‘‘Internal Fee Funds’’) classes of a given Fund. Accordingly, it expenses and voting rights relating to follow the conventional practice of paying FRIMCo may not be appropriate to waive or the Plans in the manner described is a management fee from Fund assets. Ten of the reimburse Investment Company equitable and would not discriminate Funds (the ‘‘External Fee Funds’’) require investors Expenses or Fund Expenses at different against any group of shareholders. The to pay a management fee directly to FRIMCo pursuant to contracts between each investor and levels for different classes of the same proposed arrangement does not involve FRIMCo. Each shareholder of an External Fee Fund Fund. borrowing and does not affect a Fund’s pays the same pro rata amount for advisory services 8. The Investment Company may also existing assets or reserves. Nor will the as each other shareholder of the Fund. In the future, offer classes of shares (‘‘Institutional proposed arrangement increase the FRIMCo may elect to ‘‘internalize’’ the portion of Shares’’) that are available solely to: (a) the management fee attributable to advisory speculative character of a Fund’s shares, services, administrative services, or both, so that Unaffiliated benefit plans, such as fees for those services are deducted from Fund qualified retirement plans, other than 3 These plans will have a separate trustee who is assets in the same manner as done for the Internal individual retirement accounts and self- vested with investment discretion as to plan assets, Fee Funds. In no event, if the requested relief is employed retirement plans, with total will have limitations on the ability of plan granted, would a Fund issue both a class of shares beneficiaries to access their plan investments with an internal fee arrangement and one with an assets in excess of such minimum without incurring adverse tax consequences, and external fee arrangement. amounts as the Funds may establish and will not include self-directed plans. 8264 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices since all such shares will participate pro best interests of the Fund and its justify any distribution or servicing fee rata in all of the Fund’s income and all shareholders. charged to that class. Expenditures not of the Fund’s expenses (with the 3. The initial determination of the related to the sale or servicing of a exception of the proposed Plan Class Expenses, if any, that will be particular class will not be presented to Payments and Class Expenses). allocated to a particular class and any the Trustees to justify any fee subsequent changes thereto will be attributable to that class. The Applicants’ Conditions reviewed and approved by a vote of the statements, including the allocations Applications agree that the order Board of Trustees of the Investment upon which they are based, will be granting the requested relief will be Company, including a majority of the subject to the review and approval of subject to the following conditions: independent Trustees. Any person the independent Trustees in the exercise 1. Each class of shares of a Fund will authorized to direct the allocation and of their fiduciary duties. represent interests in the same portfolio disposition of monies paid or payable 8. Dividends paid by a Fund with of investments, and be identical in all by a Fund to meet Class Expenses shall respect to a class of shares will be respects, except for differences related provide to the Board of Trustees, and calculated in the same manner, at the to: (a) Class designation; (b) expenses the Trustees shall review, at least same time, on the same day, and will be assessed to a class pursuant to a quarterly, a written report of the in the same per share amount as Services Plan or Shareholder amounts so expanded and the purposes dividends paid by that Fund with Administrative Plan; (c) certain Class for which such expenditures were respect to each other class of shares of Expenses, which would be limited to (i) made. the Fund, except that the amount of transfer agent fees identified by the 4. On an ongoing basis, the Trustees, dividends declared and paid by a transfer agent as being attributable to a pursuant to their fiduciary particular class may be different from specific class of shares; (ii) stationery, responsibilities under the Act and another class because Plan Payments printing, postage, and delivery expenses otherwise, will monitor the Funds for made by a class under its Plan and any related to preparing and distributing the existence of any material conflicts Class Expenses will be borne materials such as shareholder reports, among the interests of the various exclusively by the affected class. prospectuses, and proxies to current classes of shares. The Trustees, 9. The methodology and procedures shareholders of a specific class; (iii) blue including a majority of the independent for calculating the net asset value and sky registration fees incurred by a class Trustees, shall take such action as is dividends/distributions of the various of shares; (iv) SEC registration fees reasonably necessary to eliminate any classes and the proper allocation of incurred by a class of shares; (v) the such conflicts that may develop. expenses among the classes has been expense of the Investment Company’s FRIMCo and RFD will be responsible for reviewed by an expert (the ‘‘Expert’’) administrative personnel and services as reporting any potential or existing who has rendered a report to the required to support the shareholders of conflicts to the Trustees. If a conflict applicants concluding that such a specific class; (vi) litigation or other arises, FRIMCo and RFD at their own methodology and procedures are legal expenses relating to one class of cost will remedy such conflict up to and adequate to ensure that such shares; (vii) Trustees’ fees incurred as a including establishing a new registered calculations and allocations would be result of issues relating to one class of management investment company. made in an appropriate manner. The shares; (viii) independent accountants’ 5. RFD, as the Investment Company’s Expert’s report is attached as Exhibit F fees related solely to a specific class of distributor, will adopt compliance to the originally filed application, and is shares; (ix) expenses incurred in standards as to when each class of incorporated by reference. On an connection with shareholder meetings shares may be sold to particular ongoing basis, the Expert, or an as a result of issues relating to one class investors. Applicants will require all appropriate substitute Expert, will of shares; and (x) account expenses persons selling shares of the Funds to monitor the manner in which the relating to a particular class of shares; agree to conform to such standards. calculations and allocations are being (d) voting rights as to matters Such compliance standards will require made and, based upon such review, will exclusively affecting one class of shares; that all investors eligible to purchase render at least annually a report to the and (e) exchange privileges. Any Institutional Shares be sold only Investment Company that the additional incremental expenses not Institutional Shares, rather than any calculations and allocations are being specifically identified above which are other class of shares offered by the made properly. The reports of the subsequently identified and determined Fund. Expert will be filed as part of the to be properly allocated to one class of 6. The Shareholder Administrative periodic reports filed with the shares shall not be so allocated until Plan will be adopted and operated in Commission pursuant to sections 30(a) approved by the Commission pursuant accordance with the procedures set and 30(b)(1) of the Act and the work to an amended order. forth in rule 12b–1 (b) through (f) as if papers of the Expert with respect to 2. The Trustees of the Investment the expenditures made thereunder were such reports, following request by the Company, including a majority of the subject to rule 12b–1, except that Investment Company (which the independent Trustees, will approve the shareholders need not enjoy the voting Investment Company agrees to provide), offering of different classes of New rights specified in rule 12b–1. will be available for inspection by the Shares (the ‘‘Multi-Class System’’) with 7. The Trustees will receive quarterly Commission staff upon written request respect to a particular Fund, prior to the and annual statements concerning the by a senior member of the Division of implementation of the Multi-Class amounts expended under the Investment Management or a regional System by the Fund. The minutes of the Shareholder Administrative Plan and office of the Commission. Authorized meetings of the Trustees regarding the Services Plan and the related Plan staff members would be limited to the deliberations of the Trustees with Agreements complying with paragraph director, an associate director, the chief respect to the approval necessary to (b)(3)(ii) of rule 12b–1, as it may be accountant, the chief financial analyst, implement the Multi-Class System will amended from time to time. In the an assistant director, and any regional reflect in detail the reasons for the statements, only expenditures properly administrators or associate and assistant Trustees’ determination that the attributable to the sale or servicing of a administrators. The initial report of the proposed Multi-Class System is in the particular class of shares will be used to Expert is a ‘‘Special Purpose’’ report on Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8265 ‘‘policies and procedures placed in expenses and performance data indirectly own 10 percent or more of the operation’’ in accordance with applicable to all classes of shares in capital of Applicant. Also, AVI Partners Statements on Auditing Standards every shareholder report. The Growth Fund II, L.P. (AVI PGF II) will (‘‘SAS’’) No. 70. ‘‘Reports on the shareholder reports will contain, in the not be providing capital to the Processing of Transactions by Service statement of assets and liabilities and Applicant. Accordingly, the Applicant Organizations,’’ of the American statement of operations, information will begin operations with private Institute of Certified Public Accountants related to the Fund as a whole generally capital of $21.9 million solely from (‘‘AICPA’’). Ongoing reports will be and not on a per class basis. Each Associated Ventures III, L.P. (AVI III) reports on ‘‘policies and procedures Fund’s per share data, however, will be and AVI Silicon Valley Partners, L.P. placed in operation and tests of prepared on a per class basis with (AVI SVP). operating effectiveness’’ prepared in respect to all classes of shares of such Interested parties were given until accordance with SAS No. 70 of the Fund. To the extent any advertisement close of business September 30, 1994 to AICPA, as it may be amended from time or sales literature describes the expenses submit their comments to SBA. No to time, or in similar auditing standards or performance data applicable to any comments were received. as may be adopted by the AICPA from class of shares, it will also disclose the Notice is hereby given that, pursuant time to time. respective expenses and/or performance to section 301(c) of the Small Business 10. Applicants have adequate data applicable to all classes of shares, Investment Act of 1958, as amended, facilities in place to ensure except Institutional Shares. Advertising after having considered the application implementation of the methodology and materials reflecting the expenses or and all other pertinent information, SBA procedures for calculating the net asset performance data for a class of issued License No.: 09/79–0402 on value and dividends/distributions of the Institutional Shares will be available February 6, 1995, to AVI Capital, L.P. to various classes of shares and the proper only to those persons eligible to operate as a small business investment allocation of expenses among the classes purchase that class of Institutional company. of shares and this representation has Shares. The information provided by been concurred with by the Expert in (Catalog of Federal Domestic Assistance applicants for publication in any Program No. 59.011, Small Business the initial report referred to in condition newspaper or similar listing of the Investment Companies) 9, above, and will be concurred with by Fund’s net asset value and public Dated: February 7, 1995. the Expert or an appropriate substitute offering price will present each class of Expert on an ongoing basis, at least Robert D. Stillman, shares, except Institutional Shares, Associate Administrator for Investment. annually, in the ongoing reports referred separately. to in that condition. Applicants will 14. Applicants acknowledge that the [FR Doc. 95–3523 Filed 2–10–95; 8:45 am] take immediate corrective action if the grant of the requested exemptive order BILLING CODE 8025±01±M Expert, or appropriate substitute Expert, does not imply Commission approval, does not so concur in the ongoing authorization of, or acquiescence in, any reports. particular level of payments that a Fund [License No. 05/05±0222] 11. The prospectuses of each class of may make to organizations pursuant to Norwest Equity Partners V; Notice of a Fund will include a statement to the any Plan in reliance on the exemptive Issuance of a Small Business effect that a salesperson and any other order. person entitled to receive compensation Investment Company License for selling or servicing shares may For the Commission, by the Division of receive different compensation with Investment Management, under delegated On December 5, 1994, a notice was respect to one particular class of shares authority. published in the Federal Register (59 over another in the Fund. Margaret H. McFarland, FR 62439) stating that an application 12. The conditions pursuant to which Deputy Secretary. had been filed by Norwest Equity the exemptive order is granted and the [FR Doc. 95–3459 Filed 2–10–95; 8:45 am] Partners V, L.P., 2800 Piper Jaffrey duties and responsibilities of the BILLING CODE 8010±01±M Tower, 222 South Ninth Street, Trustees with respect to the Multi-Class Minneapolis, Minnesota 55402, with the System will be set forth in guidelines to Small Business Administration (SBA) be furnished to the Trustees. SMALL BUSINESS ADMINISTRATION pursuant to § 107.102 of the Regulations 13. Each Fund will disclose the governing small business investment respective expenses, performance data, [License No.: 09/79±0402] companies (13 CFR 107.102 (1994)) for distribution arrangements, exchange a license to operate as a non-leveraged AVI Capital L.P.; Notice of Issuance of privileges, services, Shareholder small business investment company. a Small Business Investment Company Administrator Fees, and Services Fees Interested parties were given until License applicable to each class of shares, other close of business December 19, 1994 to than Institutional Shares, in every On September 15, 1994, a notice was submit their comments to SBA. No prospectus, regardless of whether all published in the Federal Register (59 comments were received. classes of shares are offered through FR 47366) stating that an application Notice is hereby given that, pursuant each prospectus. Institutional Shares had been filed by AVI Capital, L.P., One to Section 301(c) of the Small Business will be offered solely pursuant to First Street, Suite 12, Los Altos, CA Investment Act of 1958, as amended, separate prospectuses. The prospectus 94022, with the Small Business after having considered the application for a class of Institutional Shares will Administration (SBA) pursuant to and all other pertinent information, SBA disclose the existence of the Fund’s § 107.102 of the Regulations governing issued License No. 05/05–0222 on other classes, and a prospectus for a small business investment companies February 6, 1995, to Norwest Equity non-Institutional share class will (13 CFR 107.102 (1994)) for a license to Partners V to operate as a small business disclose the existence of Institutional operate as a small business investment investment company. Shares and will identify the persons company. (Catalog of Federal Domestic Assistance eligible to purchase Institutional Shares. An additional limited partner of AVI Program No. 59.011, Small Business The Fund will disclose the respective III, Nynex Corporation, is expected to Investment Companies) 8266 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Dated: February 7, 1995. Protection Agency, 4050 Rio Bravo, Dated: February 6, 1995. Robert D. Stillman, Suite 100, El Paso, Texas (533–7273). Glen Rase, Associate Administrator for Investment. Director, Office of International Energy Policy, SUPPLEMENTARY INFORMATION: The Bureau of Economic and Business Affairs. [FR Doc. 95–3524 Filed 2–10–95; 8:45 am] application and related documents, BILLING CODE 8025±01±M including the draft Environmental [FR Doc. 95–3549 Filed 2–10–95; 8:45 am] Assessment referred to above, are a part BILLING CODE 4710±07±M of the record to be considered by the DEPARTMENT OF STATE Department of State in connection with Bureau of Oceans and International this application and are available for Environmental and Scientific Affairs Bureau of Economic and Business inspection and copying in Washington, Affairs D.C. at the Department of State, Office [Public Notice 2158; Correction] [Public Notice No. 2165] of International Energy Policy at the address set forth above. They are also U.S. MAB National Committee for Man Application for Presidential Permit available for inspection and copying at and the Biosphere; U.S. MAB Request Authorizing Petroleum Products the EPA office in El Paso (4050 Rio for Proposals for Environmental Pipeline Bravo, Suite 100, El Paso 79902) and at Projects; Correction the main branch of the El Paso, Texas Department of State Public Notice AGENCY: Department of State. Public Library, (501 N. Oregon Street, El 2158, U.S. MAB National Committee for ACTION: Notice of availability for public Paso). Man and the Biosphere: U.S. MAB comment of application of Chevron Request for Proposals for Environmental Pipeline Company to the Department of PUBLIC MEETING; DATES: Notice is hereby given that a meeting, chaired by the Projects, which was published in 60 FR State for a Presidential permit 5953, 1–31–95, is to be corrected as authorizing a petroleum products Department of State, open to members of the public,including representatives follows: pipeline and related documents The United States Man and the from interested non-governmental including a draft environmental Biosphere (U.S.) Program hereby organizations, and government assessment. announces its request for proposals to representatives, for purposes of hearing continue its assistance to the U.S. Peace SUMMARY: Notice is hereby given that and considering oral statements from Corps in the development of a the Department of State has received an the public on the application and worldwide environmental education application for a Presidential permit related documents including the draft projects initiative as described below. authorizing construction by Chevron environmental assessment referred to U.S. MAB will accept proposals of a Pipeline Company of an approximately above will be held on Monday, March maximum length of six (6) pages that 20 mile petroleum products pipeline 6 in El Paso, Texas at the University of outline how the objectives described from El Paso, Texas in the United States, Texas at El Paso, Student Union, East below could be accomplished. passing beneath the Rio Grande River, to Thomas Rivera Conference Center, 500 A curriculum vitae (C.V.) of a Cuidad Juarez, Chihuahua in Mexico. West University Avenue, El Paso, Texas maximum length of four (4) pages for The Department of State’s jurisdiction 79968. Information and materials each principal(s), that clearly with respect to this petroleum products concerning various aspects of the demonstrates a history of competency in pipeline application derives from proposed project also may be obtained the implementation of such tasks, must Executive Order 11423, dated August by the public at the meeting room on accompany the proposal. 18, 1968. As required by the Executive Monday, March 6 between 12:00 noon Proposals may not request more than Order, the Department of State has and 10:00 pm. The public meeting will the sum of fifty-four thousand one circulated this application to the be held from 4:00 pm until 10:00 pm. hundred eighty ($54,180) dollars to following agencies, as cooperating Seating for interested members of the implement this initiative. agencies: Department of the Treasury, public will be available on a first-come, All proposals must specify that all Department of Defense, Department of first-served basis. Oral comments, not to tasks will be completed at U.S. Peace the Interior, Department of exceed five minutes in length, may be Corps headquarters and field offices for Transportation, Department of Justice, made at the meeting by members of the the period of March 13, 1995 through Department of Commerce, Federal public upon recognition by the Chair, March 12, 1996. Emergency Action Agency, and with due regard having been given to Payments will be made on a quarterly Interstate Commerce Commission. As the number of speakers requesting an basis in equal installments. permitted by the Executive Order, the opportunity to be heard and the time All proposals and accompanying Department of State has also circulated constraints involved. To facilitate documents must be received by the U.S. this application to the Environmental recognition, persons who wish to speak MAB Secretariat no later than the close Protection Agency, the Council on are encouraged to sign-in at the meeting. of business (COB) on February 28, 1995. Environmental Quality. Speakers who sign in will be recognized Proposals and c.v.’s will be evaluated on Interested persons may submit their on a first-come, first-served basis. Any the criteria noted in the following views regarding the application and written statements and supplemental section. related documents including a draft materials may be presented to the Selection will be made no later than Environmental Assessment of the Chairman at the meeting. The March 3, 1995. Selected candidate project prepared for the Department of Department of State will provide a principals must be prepared to State, in writing, not later than March Spanish-English translator to assist as implement their proposals beginning on 22, 1995, either to Mr. Donald needed. March 13, 1995. Grabenstetter, Office of International Energy Policy, Rm. 3535, U.S. FOR FURTHER INFORMATION CONTACT: The Objectives Department of State, 2201 C Street NW., Office of International Energy Policy at To provide technical assistance to the Washington, DC 20520 or Ms. Nelly the above address or by telephone (202) U.S. Peace Corps, including but not Rocha at the U.S. Environmental 647–4557. limited to: Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8267 —Further develop the ongoing Education Sector projects/activities, or her name, company or organizational collaboration with the Environmental and with other offices in Peace Corps. affiliation, date of birth, and social Sector in the design of Environmental security number to the DTAG Selection Criteria Education projects and project Secretariat at telephone number (202) components. As part of this effort, —Performance record of the proposed 647–4231 or fax number (202) 647–4232 develop and coordinate in-service principal; (Attention: Unita Williams). Attendees training workshops in Education and —Demonstrated ability of the proposer must carry a valid photo ID with them. the Environment for Volunteers and to design and deliver training for They should enter the building through their counterparts teaching math, environmental education. the C-Street diplomatic entrance (21st science and English as a Foreign —Demonstrated ability of the proposer and C Streets, NW), where Department Language (EFL) in countries which to manage budgets and personnel; personnel will direct them to the Loy are requesting this assistance; —Demonstrated ability of the proposer Henderson auditorium. —Take primary responsibility for to conduct needs assessments and Following the open portion of the providing technical support to Peace develop project design; meeting, briefings which the Corps Education projects, including, —Fluency in Spanish or French Department of State will arrange for but not limited to, the following preferred. DTAG members will involve activities; For further information concerning discussions of classified information —Undertake approximately four technical or grant performance-related pursuant to Executive Order 12356. The consultancies to respond to requests inquiries, please contact: George disclosure of classified and/or from Peace Corps posts for technical Mahaffey, Director, Office of Training proprietary information essential to assistance in project development, and Program Support, U.S. Peace Corps, formulating U.S. defense trade policies training development, or project Room 8624, 1990 K Street N.W., would substantially undermine U.S. evaluation; Washington, DC 20526, Tel. (202) 606– defense trade relations with foreign —Develop and manage other initiatives 3101, FAX (202) 606–3204. competitors. Therefore, these segments in education, including, but not For submission of proposals: Roger E. of the meeting will be closed to the limited to, collaboration with other Soles, Executive Director U.S. MAB, public, pursuant to section 10(d) of the governmental and private agencies OES/EGC/MAB, U.S. Department of Federal Advisory Committee Act offering assistance to Peace Corps in State, Washington, DC 20522, Tel. (703) (FACA), 5 U.S.C. 552b(c)(1) and 5 U.S.C. project development and training; 235–2946. 552b(c)(9)(B). —Review/select materials to be Dated: January 24, 1995. For further information, contact Linda distributed through Peace Corps’ Roger E. Soles, Lum of the DTAG Secretariat, U.S. Information Collection Exchange Department of State, Office of Export (ICE); Executive Director, U.S. Man and the Biosphere Program, Office of Global Change. Control Policy (PM/EXP), Room 2422 —Initiate and manage the development Main State, Washington, DC 20520– [FR Doc. 95–3519 Filed 2–10–95; 8:45 am] of training manuals and materials; 2422. She may be reached at telephone —Support the Agency in the BILLING CODE 4710±24±M number (202) 647–0137 or fax number implementation of PATS (202) 647–4232. (Programming and Training System), [Public Notice 2164] Dated: January 31, 1995. including project design, monitoring, and evaluation assistance. Defense Trade Advisory Group; Martha C. Harris, —Collaborate with incumbent Sector Partially Closed Meeting Deputy Assistant Secretary for Export Specialists in the following tasks.— Controls, Bureau of Political-Military Affairs. Participate in project plan reviews for The Defense Trade Advisory Group [FR Doc. 95–3550 Filed 2–10–95; 8:45 am] environmental education projects; (DTAG) will meet from 10:00–4:45 p.m. BILLING CODE 4710±25±M —Undertake annual reviews of country on Monday, March 13, 1995 in the Loy programs and technical assistance Henderson Conference Room, U.S. requests Department of State, 2201 C Street, NW., DEPARTMENT OF TRANSPORTATION —Coordinate consultancies to respond Washington, DC 20520. This advisory to programming and training requests committee consists of private sector Coast Guard defense trade specialists who advise the from the field, including developing [CGD02±95±002] and managing budgets and hiring and Department on policies, regulations, and managing consultants. technical issues affecting defense trade. Second Coast Guard District Industry —Work with other Education Sector The open session, which will be made Day; Meeting Specialists in regular sector activities, up of all sessions preceding the lunch including, but not limited to: break, will include speakers from the AGENCY: Coast Guard, DOT. —Initiating and maintaining Bureau of Political-Military Affairs and ACTION: Notice of meeting. collaborative relationships with reports on DTAG Working Group SUMMARY: private organizations and other progress, accomplishments, and future The Commander, Second government agencies; projects. Members of the public may Coast Guard District is sponsoring an —Preparing documentation of sector attend the open session as seating Industry Day event in St. Louis, activities; capacity allows, and will be permitted Missouri. This notice will advertise the —Sharing administrative tasks of the to participate in the discussion in event which is open to the public. sector including managing budgets accordance with the Chairman’s DATES: Industry Day will be held on and coordinating activities; instructions. March 16, 1995 from 8:30 a.m. to 4:30 —Collaborating with other sectors in As access to the Department of State p.m. OTAPS (Office of Training Program is controlled, persons wishing to attend ADDRESSES: Industry Day activities will Support); for example, incorporating the meeting must notify the DTAG be held at the Frontenac Hilton Hotel, attention to WID (Women in Executive Secretariat by Friday, March 1335 South Lindbergh Blvd., St. Louis, Development) and Youth Issues into 3, 1995. Each person should provide his Missouri. To request registration forms 8268 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices or additional information on Industry Completed registration forms and fees and Motor Vehicle Safety Act (the Act)), Day activities and on events scheduled should be mailed directly to the a motor vehicle that was not originally by other groups to coincide with Frontenac Hilton Hotel, Attn: manufactured to conform to all Industry Day, or to submit written Reservations, c/o Tanya Reichman, 1335 applicable Federal motor vehicle safety recommendations for agenda discussion S. Lindbergh, St. Louis, Missouri 63131. standards shall be refused admission topics, contact Lieutenant Amy B. Kritz Registration forms and fees must be into the United States unless NHTSA or Lieutenant Commander Patrick G. received by February 21, 1995. has decided that the motor vehicle is Gerrity, Commander (mpb), Second Paul M. Blayney, substantially similar to a motor vehicle Coast Guard District, 1222 Spruce Rear Admiral, United States Coast Guard, originally manufactured for importation Street, Room 2.102G, St. Louis, Missouri Commander, Second Coast Guard District. into and sale in the United States, 63103–2832. Please forward your [FR Doc. 95–3547 Filed 2–10–95; 8:45 am] certified under 49 U.S.C. 30115 registration forms to: Frontenac Hilton (formerly section 114 of the Act), and of BILLING CODE 4910±14±M Hotel, Attn: Reservations, c/o Tanya the same model year as the model of the Reichman, 1335 S. Lindbergh, St. Louis, motor vehicle to be compared, and is Missouri 63131. Federal Railroad Administration capable of being readily altered to FOR FURTHER INFORMATION CONTACT: conform to all applicable Federal motor Lieutenant Amy B. Kritz or Lieutenant Northeast Corridor Safety Committee; vehicle safety standards. Where there is Commander Patrick G. Gerrity, Public Meeting no substantially similar U.S.-certified Commander (mpb), Second Coast Guard motor vehicle, 49 U.S.C. 30141(a)(1)(B) District, 1222 Spruce Street, Room Pursuant to Section 11 of the Rail (formerly section 108(c)(3)(A)(i)(II) of 2.102G, St. Louis, Missouri 63103–2832. Safety Improvement Act of 1988 (Pub. L. the Act) permits a nonconforming motor The telephone number is: (314) 539– 100–342), notice is hereby given that a vehicle to be admitted into the United 2655. public meeting of the Northeast Corridor States if its safety features comply with, Safety Committee will be held on March SUPPLEMENTARY INFORMATION: Industry or are capable of being altered to comply 1, 1995, at 10 a.m. in room 6200 of the Day is designed to provide an open with, all applicable Federal motor Nassif Building, 400 Seventh Street, exchange of information, ideas, and vehicle safety standards based on S.W., Washington, D.C. 20590. opinions on matters of mutual interest destructive test data or such other The meeting is called for the purpose evidence as the Secretary of or concern to the inland marine of providing counsel and advice to the community and the Coast Guard. Transportation decides to be adequate. Department of Transportation on safety Under 49 U.S.C. 30141(a)(1) (formerly Industry Day activities will be held at improvements on the main line of the the Frontenac Hilton Hotel, 1335 South section 108(c)(3)(C)(i) of the Act), Northeast Corridor (NEC). The major import eligibility decisions may be Lindbergh Blvd., St. Louis, Missouri. topics on the agenda are vandalism and The schedule of events follows: made ‘‘on the initiative of the Secretary trespass prevention. Others may be of Transportation or on petition of a Wednesday, 15 March added and are specifically requested. manufacturer or importer registered 5:00–7:00 p.m.—Registration for early Issued in Washington, D.C. on February 6, under (49 U.S.C. 30141(c)).’’ The arrivals. 1995. Secretary’s authority to make these Bruce M. Fine, decisions has been delegated to the Thursday, 16 March Acting Associate Administrator for Safety. Administrator of NHTSA under 49 CFR 7:30 a.m.—Registration continues. [FR Doc. 95–3486 Filed 2–10–95; 8:45 am] 1.50(a). The Administrator redelegated 8:30 a.m.—General Session: Opening to the Associate Administrator for BILLING CODE 4910±06±M comments and Selected Enforcement the authority to grant or Presentations. deny petitions for import eligibility 10:00 a.m.—Panel Discussions: Two National Highway Traffic Safety decisions submitted by motor vehicle separate small group panels will Administration manufacturers and registered importers focus on waterways management (49 CFR 501.8(g)(3)). Thus far, a number and environmental issues. Annual List of Nonconforming of import eligibility decisions have been 12:00 p.m.—Luncheon. Vehicles Decided To Be Eligible for made on the Administrator’s own 1:30 p.m.—Two separate small group Importation initiative, and the Associate panels will focus on towing vessel Administrator has granted many issues and passenger vessel issues. AGENCY: National Highway Safety petitions for such decisions submitted 4:30 p.m.—Industry Day concludes. Administration (NHTSA), DOT. by registered importers. Advance registration and payment of ACTION: Annual list of nonconforming Under 49 U.S.C. 30141(b)(2) (formerly a $27.00 conference fee is required. The vehicles decided to be eligible for section 108(c)(3)(C)(iv) of the Act), a list fee includes luncheon and refreshments. importation. of all import eligibility decisions must Persons interested in attending be published annually in the Federal Industry Day may request registration SUMMARY: This notice lists all vehicles Register. That list is set forth in Annex forms or additional information on the not originally manufactured to comply A and is current as of January 27, 1995. Industry Day activities and on events with all applicable Federal motor Each vehicle on the list is preceded by scheduled by other groups to coincide vehicle safety standards that have been a vehicle eligibility number. The with Industry Day from the address decided, as of January 27, 1995, to be importer of a vehicle admissible under provided in the Addresses section of eligible for importation into the United any eligibility decision must write that this notice. Persons interested in States. number on the Form HS–7 submitting written recommendations for FOR FURTHER INFORMATION CONTACT: accompanying entry to indicate that the agenda discussion topics should mail Ted Bayler, Office of Vehicle Safety vehicle is eligible for importation. their recommendations directly to Compliance, NHTSA (202–366–5306). ‘‘VSA’’ eligibility numbers are assigned Commander (mpb), also at the address SUPPLEMENTARY INFORMATION: Under 49 to all vehicles that are decided to be provided in the Addresses section of U.S.C. 30141(a)(1)(A) (formerly section eligible for importation on the initiative this notice. 108(c)(3)(A)(i)(I) of the National Traffic of the Administrator. ‘‘VSP’’ eligibility Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8269 numbers are assigned to vehicles that imported into the United States without years old that were manufactured are decided to be eligible under 49 regard to their compliance with before September 1, 1989; U.S.C. 30141(a)(1)(A), based on a applicable Federal motor vehicle safety (b) All passenger cars manufactured petition from a manufacturer or standards. Since the importation of a on or after September 1, 1989, and registered importer which establishes vehicle more than 25 years old is not before September 1, 1996, which that a substantially similar U.S.-certified conditioned on the existence of an are equipped with an automatic vehicle exists. ‘‘VCP’’ eligibility eligibility decision, NHTSA has restraint system that complies with numbers are assigned to vehicles that amended its eligibility decisions so that Federal Motor Vehicle Safety are decided to be eligible under 49 they no longer apply to such vehicles. Standard (FMVSS) No. 208; U.S.C. 30141(a)(1)(B), based on a Authority: 49 U.S.C. 30141(b)(2); 49 CFR (c) All multipurpose passenger petition from a manufacturer or 593.8; delegations of authority at 49 CFR 1.50 vehicles, trucks, and buses less than registered importer which establishes and 501.8. 25 years old that were that the vehicle has safety features that Issued on February 7, 1995. manufactured before September 1, comply with, or are capable of being William A. Boehly, 1991; altered to comply with, all applicable (d) All multipurpose passenger Associate Administrator for Enforcement. Federal motor vehicle safety standards. vehicles, trucks, and buses Vehicles for which eligibility decisions Annex A manufactured on and after have been made are listed in Annex A September 1, 1991, by their original Vehicles Certified by Their Original alphabetically by make. Eligible models manufacturer to comply with the Manufacturer as Complying With All within each make are listed numerically requirements of FMVSS No. 202 Applicable Canadian Motor Vehicle by ‘‘VSA,’’ ‘‘VSP,’’ or ‘‘VCP’’ number. and 208 to which they would have Safety Standards Under 49 U.S.C. 30112(b)(9) (formerly been subject had they been section 108(i) of the Act), ‘‘any motor VSA # manufactured for sale in the United vehicle that is at least 25 years old’’ is States; and not subject to importation restrictions. 1 (e) All trailers and motorcycles less Such vehicles may therefore be (a) All passenger cars less than 25 than 25 years old. VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET VSP # Model type Model year Acura 51 ...... Legend ...... 1988 Alfa Romeo 44 ...... Spider ...... 1972 70 ...... Spider ...... 1987 76 ...... 164 ...... 1991 VSA # Model type Model year BMW 2 ...... 1600 ...... 1970 through 1971 3 ...... 2002 ...... 1970 through 1976 4 ...... 2000 and 2000A ...... 1970 5 ...... 2500 and 2500A ...... 1970 through 1970 6 ...... 2800 and 2800A ...... 1970 through 1971 7 ...... 2002A ...... 1970 through 1976 8 ...... 2800CS and 2800CSA ...... 1970 through 1971 9 ...... 2.8 and 2.8A Bavaria ...... 1971 10 ...... 2002Tii ...... 1972 through 1974 11 ...... 3.0 and 3.0A Bavaria ...... 1972 12 ...... 3.0CSi and 3.0CSiA ...... 1972 through 1974 13 ...... 3.0S and 3.0SA ...... 1974 14 ...... 3.0Si and 3.0SiA ...... 1975 15 ...... 530i and 530iA ...... 1975 through 1978 16 ...... 320, 320i, and 320iA ...... 1976 through 1985 17 ...... 630CSi and 630CSiA ...... 1977 18 ...... 633CSi and 633CSiA ...... 1977 through 1984 19 ...... 733i and 733iA ...... 1977 through 1984 20 ...... 528i and 528iA ...... 1979 through 1984 21 ...... 528e and 528eA ...... 1982 through 1988 22 ...... 533i and 533iA ...... 1983 through 1984 23 ...... 318i and 318iA ...... 1981 through 1989 24 ...... 325e and 325eA ...... 1984 through 1987 25 ...... 535i and 535iA ...... 1985 through 1989 26 ...... 524tdA ...... 1985 through 1986 27 ...... 635, 635CSi, and 635CSiA ...... 1979 through 1989 28 ...... 737, 735i, and 735iA ...... 1980 through 1989 29 ...... L7 ...... 1986 through 1987 8270 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices VSA # Model type Model year 30 ...... 325, 325i, 325iA, and 325E ...... 1985 through 1989 31 ...... 325is and 325isA ...... 1987 through 1989 32 ...... M6 ...... 1987 through 1988 33 ...... 325iX and 325iXA ...... 1988 through 1989 34 ...... M5 ...... 1988 35 ...... M3 ...... 1988 through 1989 66 ...... 316 ...... 1978 through 1982 67 ...... 323i ...... 1978 through 1985 68 ...... 520 and 520i ...... 1978 through 1983 69 ...... 525 and 525i ...... 1979 through 1982 70 ...... 728 and 728i ...... 1977 through 1985 71 ...... 730, 730i, and 730iA ...... 1978 through 1980 72 ...... 732i ...... 1980 through 1984 73 ...... 745i ...... 1980 through 1986 78 ...... All other models except those in the M1 and Z1 series ...... 1970 through 1989 VSP # Model type Model year BMW 4 ...... 518i ...... 1986 5 ...... 525i ...... 1989 6 ...... 730iA ...... 1988 9 ...... 520iA ...... 1989 10 ...... 850i ...... 1991 14 ...... 728i ...... 1986 15 ...... 625CSi ...... 1981 24 ...... 730i ...... 1991 25 ...... 316 ...... 1986 32 ...... 628CSi ...... 1980 41 ...... 750iL ...... 1993 46 ...... 518i ...... 1991 55 ...... 859i ...... 1993 57 ...... 730i ...... 1993 79 ...... 525i ...... 1991±1992 81 ...... 750iL ...... 1991 BMW Motorcycle 30 ...... R75/6 ...... 1974 58 ...... R100S ...... 1977 VCP # Model type Model year Bristol Bus 2 ...... VRT BusÐDouble Decker ...... 1978±1981 4 ...... VRT BusÐDouble Decker ...... 1977 Citroen 1 ...... XM ...... 1990 through 1992 VSA # Model type Model year Ferrari 36 ...... 308 (all models) ...... 1974 through 1985 37 ...... 328 GTS ...... 1985 through 1989 37 ...... 328 (all other models) ...... 1985 and 1988 through 1989 38 ...... GTO ...... 1985 39 ...... Testarossa ...... 1987 through 1989 74 ...... Mondial (all models) ...... 1980 through 1989 76 ...... 208, 208 Turbo (all models) ...... 1974 through 1988 VSP # Model type Model year Ferrari 61 ...... 365 GTB 4 Daytona ...... 1971 62 ...... 365 GT 2+2 ...... 1970 86 ...... 348TB ...... 1992 100 ...... 365 GTB 4 Daytona ...... 1972±1973 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8271 VSP # Model type Model year Honda 77 ...... Legend ...... 1989 Honda Motorcycle 34 ...... VFR750 ...... 1990 Iso Grifo 88 ...... Lusso ...... 1971 VSA # Model type Model year Jaguar 40 ...... XJS ...... 1980 through 1987 41 ...... XJ6 ...... 1970 through 1986 VSP # Model type Model year Jaguar 47 ...... XJ6 ...... 1987 78 ...... Sovereign ...... 1993 Jaguar Daimler 12 ...... Limousine ...... 1985 Lancia 82 ...... Fulvia ...... 1971 Laverda Motorcycle 37 ...... 1000 ...... 1975 VSA # Model type Model year Mazda 42 ...... RX7 ...... 1978 through 1981 VSA # Model type Model ID Model year Mercedes Benz 43 ...... 600 ...... 100.012 1970 through 1981 43 ...... 600 Long 4dr ...... 100.014 1970 through 1981 43 ...... 600 Landaulet ...... 100.015 1970 through 1981 43 ...... 600 Long 6dr ...... 100.016 1970 through 1981 44 ...... 280 SLC ...... 107.022 1975 through 1981 44 ...... 350 SLC ...... 107.023 1972 through 1979 44 ...... 450 SLC ...... 107.024 1973 through 1989 44 ...... 380 SLC ...... 107.025 1981 through 1989 44 ...... 500 SLC ...... 107.026 1978 through 1981 44 ...... 300 SL ...... 107.041 1986 through 1988 44 ...... 280 SL ...... 107.042 1970 through 1985 44 ...... 350 SL ...... 107.043 1971 through 1978 44 ...... 450 SL ...... 107.044 1972 through 1989 44 ...... 380 SL ...... 107.045 1980 through 1989 44 ...... 500 SL ...... 107.046 1980 through 1989 44 ...... 420 SL ...... 107.047 1986 44 ...... 560 SL ...... 107.048 1986 through 1989 45 ...... 280 S ...... 108.016 1970 through 1972 45 ...... 280 SE ...... 108.018 1970 through 1972 45 ...... 280 SEL ...... 108.019 1970 through 1972 45 ...... 280 SE (3.5) ...... 108.057 1970 through 1973 45 ...... 280 SEL (3.5) ...... 108.058 1972 through 1973 45 ...... 280 SE (4.5) ...... 108.067 1970 through 1972 45 ...... 280 SEL (4.5) ...... 108.068 1972 46 ...... 300 SEL ...... 109.016 1970 through 1972 8272 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices VSA # Model type Model ID Model year 46 ...... 300 SEL (6.3) ...... 109.018 1970 through 1972 46 ...... 300 SEL (4.5) ...... 109.057 1972 47 ...... 280S E Coupe ...... 111.024 1970 through 1971 47 ...... 280 SE Conv ...... 111.025 1970 through 1971 47 ...... 280 SE 3.5 Cp ...... 111.026 1971 47 ...... 280 SE 3.5 Cv ...... 111.026 1971 48 ...... 230 SL ...... 113.042 1970 through 1971 48 ...... 250 SL ...... 113.043 1970 through 1971 48 ...... 280 SL ...... 113.044 1970 through 1971 49 ...... 230.6 ...... 114.015 1970 through 1976 49 ...... 250 ...... 114.010 1970 through 1976 49 ...... 250 ...... 114.011 1971 through 1976 49 ...... 250 CE ...... 114.022 1970 through 1976 49 ...... 250 C ...... 114.023 1970 through 1976 49 ...... 280 ...... 114.060 1972 through 1976 49 ...... 280 E ...... 114.062 1972 through 1976 49 ...... 280 CE ...... 114.072 1972 through 1976 49 ...... 280 C ...... 114.073 1972 through 1976 50 ...... 200 ...... 115.015 1976 50 ...... 230.4 ...... 115.017 1974 through 1976 50 ...... 220 D ...... 115.110 1970 through 1976 50 ...... 240 D (3.0) ...... 115.114 1974 through 1976 50 ...... 240 D ...... 115.117 1974 through 1976 51 ...... 280 S ...... 116.020 1973 through 1980 51 ...... 280 SE ...... 116.024 1972 through 1988 51 ...... 280 SEL ...... 116.025 1972 through 1980 51 ...... 350 SE ...... 116.028 1973 through 1980 51 ...... 350 SEL ...... 116.029 1972 through 1980 51 ...... 450 SE ...... 116.032 1972 through 1980 51 ...... 450 SEL ...... 116.033 1972 through 1988 51 ...... 450 SEL (6.9) ...... 116.036 1972 through 1988 52 ...... 200 ...... 123.020 1976 through 1980 52 ...... 230 ...... 123.023 1976 through 1985 52 ...... 250 ...... 123.026 1976 through 1985 52 ...... 280 ...... 123.030 1976 through 1985 52 ...... 280 E ...... 123.033 1976 through 1985 52 ...... 230 C ...... 123.043 1978 through 1980 52 ...... 280 C ...... 123.050 1977 through 1980 52 ...... 280 CE ...... 123.053 1977 through 1985 52 ...... 230 T ...... 123.083 1977 through 1985 52 ...... 280 TE ...... 123.093 1977 through 1985 52 ...... 200 D ...... 123.120 1980 through 1982 52 ...... 240 D ...... 123.123 1977 through 1985 52 ...... 300 D ...... 123.130 1976 through 1985 52 ...... 300 D ...... 123.133 1977 through 1985 52 ...... 300 CD ...... 123.150 1978 through 1985 52 ...... 240 TD ...... 123.183 1977 through 1985 52 ...... 300 TD ...... 123.193 1977 through 1985 52 ...... 200 ...... 123.220 1979 through 1985 52 ...... 230 E ...... 123.223 1977 through 1985 52 ...... 230 CE ...... 123.243 1980 through 1984 52 ...... 230 TE ...... 123.283 1977 through 1985 53 ...... 280 S ...... 126.021 1980 through 1983 53 ...... 280 SE ...... 126.022 1980 through 1985 53 ...... 280 SEL ...... 126.023 1980 through 1985 53 ...... 300 SE ...... 126.024 1985 through 1989 53 ...... 300 SEL ...... 126.025 1986 through 1989 53 ...... 380 SE ...... 126.032 1979 through 1989 53 ...... 380 SEL ...... 126.033 1980 through 1989 53 ...... 420 SE ...... 126.034 1985 through 1989 53 ...... 420 SEL ...... 126.035 1986 through 1989 53 ...... 500 SE ...... 126.036 1980 through 1986 53 ...... 500 SEL ...... 126.037 1980 through 1989 53 ...... 560 SEL ...... 126.039 1986 through 1989 53 ...... 380 SE ...... 126.043 1982 through 1989 53 ...... 500 SEC ...... 126.044 1981 through 1989 53 ...... 560 SEC ...... 126.045 1986 through 1989 53 ...... 300 SD ...... 126.120 1981 through 1989 54 ...... 190 ...... 201.022 1984 54 ...... 190 E (2.3) ...... 201.024 1983 through 1989 54 ...... 190 E ...... 201.028 1986 through 1989 54 ...... 190 E (2.6) ...... 201.029 1986 through 1989 54 ...... 190 E 2.3 16 ...... 201.034 1984 through 1989 54 ...... 190 D (2.2) ...... 201.122 1984 through 1989 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8273 VSA # Model type Model ID Model year 54 ...... 190 D ...... 201.126 1984 through 1989 55 ...... 200 ...... 124.020 1985 55 ...... 230 E ...... 124.023 1985 through 1987 55 ...... 260 E ...... 124.026 1985 through 1989 55 ...... 300 E ...... 124.030 1985 through 1989 55 ...... 300 CE ...... 124.050 1988 through 1989 55 ...... 230 TE ...... 124.083 1985 55 ...... 300 TE ...... 124.090 1986 through 1989 55 ...... 300 D ...... 124.130 1985 and 1986 55 ...... 300 D Turbo ...... 124.133 1985 through 1989 55 ...... 300 TD Turbo ...... 124.193 1986 through 1989 77 ...... All other models except Model ID 114 and 115 with sales designations ...... 1970 through 1989 ``long,'' ``station wagon,'' or ``ambulance''. VSP # Model type Model ID Model year Mercedes Benz 1 ...... 230 E ...... 124.023 1988 2 ...... 230 TE ...... 124.083 1989 3 ...... 200 TE ...... 124.081 1989 7 ...... 300SL ...... 107.041 1989 11 ...... 200E ...... 124.021 1989 17 ...... 200D ...... 124.120 1986 18 ...... 260SE ...... 126.020 1986 19 ...... 230E ...... 124.023 1990 20 ...... 230E ...... 124.023 1989 21 ...... 300SEL ...... 126.025 1990 22 ...... 190E ...... 201.024 1990 23 ...... 500SEL ...... 129.066 1989 26 ...... 500SE ...... 140.050 1991 27 ...... 600SEL ...... 140.057 1992 28 ...... 260SE ...... 126.020 1989 31 ...... 250C ...... 114.021 1970 33 ...... 500SL ...... 129.066 1991 35 ...... 500SE ...... 126.036 1988 36 ...... 300SEL ...... 109.056 1970 38 ...... 250C ...... 114.021 1970 40 ...... 300TE ...... 124.090 1990 45 ...... 190E ...... 201.024 1991 48 ...... 420SEL ...... 126.035 1990 50 ...... 500SE ...... 140.050 1992 54 ...... 300SL ...... 129.006 1992 56 ...... 500E ...... 124.036 1991 60 ...... 500SL ...... 129.006 1992 63 ...... 500SEL ...... 126.037 1991 64 ...... 300CE ...... 124.051 1990 66 ...... 500SEC ...... 126.044 1990 67 ...... 300SE ...... 140.032 1993 68 ...... 300SE ...... 126.024 1990 69 ...... 300SE ...... 140.032 1992 71 ...... 190E ...... 201.028 1992 74 ...... 230E ...... 124.023 1991 75 ...... 200E ...... 124.019 1993 83 ...... 300CE ...... 124.051 1991 84 ...... 230CE ...... 124.043 1991 85 ...... S280 ...... 140.028 1994 89 ...... 560SEL ...... 126.039 1990 105 ...... 260E ...... 124.026 1992 VCP # Model type Model ID Model year Mercedes Benz 3 ...... 300GE ...... 463.228 1993 5 ...... 300GE ...... 463.228 1990±1992, 1994 6 ...... G320 ...... 1995 VSP # Model type Model year MG 90 ...... MGB GT ...... 1971 8274 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices VSP # Model type Model year Mitsubishi 8 ...... Galant VX ...... 1988 13 ...... Galant SUP ...... 1989 VSA # Model type Model year Nissan 75 ...... Z and 280Z ...... 1973 through 1981 75 ...... Fairlady and Fairlady Z ...... 1975 through 1979 Peugeot 65 ...... 405 ...... 1989 Porsche 56 ...... 911 Coupe ...... 1970 through 1989 56 ...... 911 Targa ...... 1970 through 1989 56 ...... 911 Turbo ...... 1976 through 1989 56 ...... 911 Cabriolet ...... 1984 through 1989 56 ...... 911 Carrera ...... 1972 through 1989 58 ...... 914 ...... 1970 through 1976 59 ...... 924 Coupe ...... 1976 through 1989 59 ...... 924 Turbo Coupe ...... 1979 through 1989 59 ...... 924 S ...... 1987 through 1989 60 ...... 928 Coupe ...... 1976 through 1989 60 ...... 928 S Coupe ...... 1983 through 1989 60 ...... 928 S4 ...... 1979 through 1989 60 ...... 928 GT ...... 1979 through 1989 61 ...... 944 Coupe ...... 1982 through 1989 61 ...... 944 Turbo Coupe ...... 1985 through 1989 61 ...... 944 S Coupe ...... 1987 through 1989 79 ...... All other models except Model 959 ...... 1970 through 1989 VSP # Model type Model year Porsche 29 ...... 911 CA ...... 1990 52 ...... 911 Carrera ...... 1992 VSA # Model type Model year Rolls Royce 62 ...... Silver Shadow ...... 1970 through 1979 VSP # Model type Model year Rolls Royce 16 ...... Bentley ...... 1989 53 ...... Bentley Turbo ...... 1986 72 ...... Corniche ...... 1971 Saab 59 ...... 9000 ...... 1988 VSA # Model type Model year Toyota 63 ...... Camry ...... 1987 through 1988 64 ...... Celica ...... 1987 through 1988 65 ...... Corolla ...... 1987 through 1988 VSP # Model type Model year Toyota 39 ...... Camry ...... 1989 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8275 VSA # Model type Model year Volkswagen 42 ...... Scirocco ...... 1986 VSP # Model type Model year Volkswagen 73 ...... Golf Rally ...... 1988 80 ...... Golf ...... 1988 Volvo 43 ...... 262C ...... 1981 87 ...... 740 Sedan ...... 1988 [FR Doc. 95–3488 Filed 2–10–95; 8:45 am] heating element contained in an frequent, ‘‘testing for conformance to the BILLING CODE 4910±59±M external expansion tank plumbed standards’’ is impractical. similar to an internal combustion engine Demonstration of the commercial configuration, and that other portions of feasibility of electric vehicles ‘‘will [Docket No. 95±8; Notice 1] the system are untouched. This enhance the demand for their use, Spartan Motors, Inc.; Receipt of ‘‘minimizes the impact of the consistent with established national Application for Temporary Exemption conversion not meeting the standard.’’ policy.’’ From Three Federal Motor Vehicle 2. Standard No. 105, Hydraulic Brake Interested persons are invited to Safety Standards Systems. Spartan wishes to be exempted submit comments on the application from S5.1.1.3 (the third effectiveness described above. Comments should refer Spartan Motors, Inc., of Charlotte, test), S5.1.2.1 (partial failure), and to the docket number and the notice Michigan, has applied to be exempted S7.7.1, S7.9.1 and S7.9.2 (certain tests at number, and be submitted to: Docket from three Federal motor vehicle safety lightly loaded vehicle weight). The curb Section, National Highway Traffic standards for light trucks that it converts weight of the vehicle is increased to Safety Administration, room 5109, 400 to electric power. The basis of the approximately 4,500 pounds. The Seventh Street, SW., Washington, DC application is that an exemption would weight proportioning between axles is 20590. It is requested but not required facilitate the development or field different than that used in the that 10 copies be submitted. evaluation of a low-emission motor certification testing of the original All comments received before the vehicle, and would not unreasonably vehicle. These changes affect the close of business on the comment lower the safety level of the vehicle. applicability of the testing requirements closing date indicated below will be This notice of receipt of an for lightly loaded vehicle weight. considered, and will be available for application is published in accordance However, the GVWR remains the same examination in the docket at the above with the requirements of 49 U.S.C. as the original rating of 4,900 pounds, address both before and after that date. 30113(b)(2) and does not represent any and the original vehicle’s braking To the extent possible, comments filed judgment of the agency on the merits of system is not modified. This, in the after the closing date will also be the application. applicant’s view, minimizes ‘‘the impact considered. Notice of final action on the Spartan is a Michigan corporation of the electric vehicle not meeting the application will be published in the ‘‘providing development electric vehicle standard.’’ Federal Register pursuant to the technology through the application of 3. Standard No. 301, Fuel System authority indicated below. Comment state of the art traction system and Integrity. Although the converted closing date: March 15, 1995. battery technology in commercial vehicle no longer uses a fossil fuel as a (49 U.S.C. 30113; delegations of authority at applications.’’ It intends to convert new propellant, ‘‘a small tank’’ is added ‘‘for 49 CFR 1.50. and 501.8) Chevrolet S10 and GMC Sonoma pickup the on board storage of fuel for interior Issued on February 7, 1995. trucks to electric power. It seeks heating.’’ Care is taken ‘‘in mounting of exemption for two years from three the electric vehicle conversion Barry Felrice, Federal motor vehicle safety standards. components to reduce their effect on Associate Administrator for Rulemaking. The standards for which exemptions are crash protection. Specifically, the fuel [FR Doc. 95–3489 Filed 2–10–95; 8:45 am] requested are set forth below, together storage and delivery system is of BILLING CODE 4910±59±P with the applicant’s arguments why an automotive quality supplying the exemption would not unreasonably heating device.’’ lower the safety level of the vehicle. According to the petitioner, granting 1. Standard No. 103, Windshield the exemption would be in the public UNITED STATES INFORMATION Defrosting and Defogging Systems. interest and consistent with 49 U.S.C. AGENCY Spartan asks for exemption from Chapter 301 Motor Vehicle Safety Advisory Commission on Public paragraphs S4.2 and S4.3 because because it will advance ‘‘the state of the Diplomacy; Meeting testing to these requirements ‘‘is not art in electric vehicle traction systems possible due to the engine related and electric vehicle infrastructure, AGENCY: United States Information requirements of the test procedure.’’ It through the application of electric Agency. states that the engine coolant heater core vehicles in actual commercial uses.’’ ACTION: Notice. is intact, with an electrical resistance Because the developmental changes are 8276 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices SUMMARY: A meeting of the U.S. to discuss exchange coordination and interested in attending the meeting. Advisory Commission on Public consolidation. At 9:30 a.m. the Space is limited and entrance to the Diplomacy will be held on February 15 Commission will meet with Mr. Stanley building is controlled. in Room 600, 301 4th Street, S.W., Silverman, Comptroller, USIA; and Mr. Dated: February 7, 1995. Washington, D.C. from 8:15 a.m.–10:30 Douglas Wilson, Director, Office of a.m. Congressional and Intergovernmental Rose Royal, At 8:15 a.m. the Commission will Affairs, USIA, to discuss budget Management Analyst, Federal Register meet with Mr. Jack Loiello, Associate reauthorization and Congressional Liaison. Director; and Mr. Dell Pendergrast, issues. [FR Doc. 95–3460 Filed 2–10–95; 8:45 am] Deputy Associate Director; Bureau of FOR FURTHER INFORMATION: Please call BILLING CODE 8230±01±M Educational and Cultural Affairs, USIA, Betty Hayes, (202) 619–4468, if you are 8277 Sunshine Act Meetings Federal Register Vol. 60, No. 29 Monday, February 13, 1995 This section of the FEDERAL REGISTER continued operation, development, and contains notices of meetings published under maintenance of a county park affecting the ``Government in the Sunshine Act'' (Pub. approximately 255 acres on Douglas Lake L. 94-409) 5 U.S.C. 552b(e)(3). (Tract No. XTDR–30RE), Sevier County, Tennessee. E4. Land Exchange by the United States TENNESSEE VALLEY AUTHORITY Department of Agriculture, Forest Service, affecting approximately 7 acres on Chatuge [Meeting No. 1473] Lake (Tract No. XTCHR–3, Parcel 2), Towns TIME AND DATE: 10 a.m. (EST), February County, Georgia. 15, 1995. E5. Sale of a permanent easement to the PLACE: TVA Knoxville Office Complex, State of Tennessee affecting 0.09 acre of 400 West Summit Hill Drive, Knoxville, TVA’s Clarksburg 161–kV substation property (Tract No. XCLKSS–1H), Carroll Tennessee 37902. County, Tennessee. STATUS: Open. F—Unclassified AGENDA: Approval of minutes of meeting held on January 18, 1995. F1. Filing of condemnation cases. F2. Delegation of authority to the Vice ACTION ITEMS: President, TVA Services, to execute a supplement to the contract with Manpower New Business Temporary Services. C—Energy INFORMATION ITEMS: C1. Delegation of authority to the Vice President of Purchasing, or his designee, to 1. Filing of condemnation cases. execute a contract with the United States 2. Appointment of William M. Oden to the Enrichment Corporation for uranium Board of Directors of the TVA Retirement enrichment services for all of TVA’s nuclear System. plants for the period 1995–2001. CONTACT PERSON FOR MORE INFORMATION: E—Real Property Ron Loving, Vice President, E1. Abandonment of certain easement Governmental Relations, or a member of rights affecting approximately 23.18 acres of his staff can respond to requests for land in Sugarlimb Industrial Park on Watts information about this meeting. Call Bar Lake (Tract Nos. WBR–1558F and (615) 632–6000, Knoxville, Tennessee. 1559F), Loudon County, Tennessee. E2. Sale of three noncommercial, Information is also available at TVA’s nonexclusive, permanent recreation Washington Office (202) 898–2999. easements affecting 0.22 acre of Tellico Lake Dated: February 8, 1995. shoreline (Tracts XTELR–138RE, –153RE, Edward S. Christenbury, and –157RE), Loudon and Monroe Counties, General Counsel and Secretary. Tennessee. E3. Grant of a 30-year recreation easement [FR Doc. 95–3621 Filed 2–9–95; 3:09 pm] to Sevier County, Tennessee, for the BILLING CODE 8120±08±M federal register February 13,1995 Monday Year 1995;Notice Service CoordinatorFundsforFiscal HousingÐFederal HousingCommissioner Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part II 8279 8280 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices DEPARTMENT OF HOUSING AND This Federal Register Notice makes FOR FURTHER INFORMATION CONTACT: The URBAN DEVELOPMENT available $22,000,000 for Section 202 local HUD State or area office which projects, $14,352,499 for Section 8 services the project (see list, attached). Office of the Assistant Secretary for projects, and $9,568,333 for Sections RHCDS projects must also contact the HousingÐFederal Housing 221(d)(3) and 236 projects. Additional HUD State or area office which normally Commissioner funds may be available as a result of handles the location in which the [Docket No. N±95±3865; FR±3852±N±01] apportioned carryovers, and therefore project is located. A copy of the new the actual amount available under this program Notice will be available to all Service Coordinator Funds for Fiscal Federal Register Notice may be greater. requestors from the HUD State and area Year 1995 All requests must be for eligible projects offices or RHCDS State offices. which are housing for the elderly and AGENCY: Office of the Assistant Dated: January 31, 1995. disabled. Eligible projects include any Jeanne K. Engel, Secretary for Housing—Federal Housing building within a mixed-use project that Commissioner, HUD. General Deputy Assistant Secretary for was designated for occupancy by elderly Housing-Federal Housing Commissioner. ACTION: Notice. persons or persons with disabilities at MF Division Directors SUMMARY: This notice announces the its inception, or although not so issuance of Housing Notice H–94–99, designated, for which the eligible owner New England entitled ‘‘Processing of Requests for gives preferences in tenant selection Boston Section 8 Funds for Service (with HUD approval) for all units in the Coordinators in Section 8 (including eligible project to eligible elderly Jeanne McHallam, Multifamily Housing Section 515/8 under the Rural Housing persons or persons with disabilities. Director, HUD-Boston Office, Thomas and Community Development Service Additionally, projects must: P. O’Neill, Jr. Federal Building, 10 (RHCDS) 1), and Sections 202, 208/8, —Have at least 40 rental units (Two or Causeway Street, Room 375, Boston, 221(d)(3) and 236 Projects and more projects having at least 40 rental Massachusetts 02222–1092, (617) Monitoring of Approved Requests—FY units in combination thereof may also 565–5154 apply.); 1995’’. Housing Notice H–94–99 Hartford describes the procedures for applying —Have frail, disabled or ‘‘at risk’’ for service coordinator funds in FY 1995 residents which total at least 25 Robert S. Donovan, Multifamily and the State or area office’s processing percent of the tenants; Housing Director, HUD-Hartford of applications and awards for those —Be finally closed; Office, 330 Main Street, Hartford, funds. —Be current in mortgage payments or Connecticut 06106–1860, (203) 240– This FY 1995 Notice supersedes have a current workout agreement; 4523 —For owner/borrowers using the AAF Housing Notices H–93–71 and H–94–20. Manchester Also, it continues funding for service rent increase process (e.g.), Section coordinators to Section 202 and 202/8 202s, State Housing Finance Agencies Loren Cole, Acting Multifamily Housing projects, Section 8 projects (including and RHCDS 515/8), first establish that Director, HUD-Manchester Office, RHCDS Section 515/8 projects), and revenues from the project are not Norris Cotton Federal Building, 275 221(d)(3) and 236 projects and adequate to pay for a coordinator; and Chestnut Street, Manchester, New substitutes an ‘‘as applied for’’ funding —For section 202 projects, must have a Hampshire 03103–2487, (603) 666– basis instead of the more limited lottery residual receipts account separate 7755 from the Repair and Replacement process of earlier years. All eligible Providence applications will be approved. The account, or agree to establish this awarding of funds is subject to account. (This requirement does not Louisa Osborne, Multifamily Housing availability. apply to section 8, 515/8, 221(d)(3) Director, HUD-Providence Office, 330 John O. Pastore Federal Building and DATES: Effective Date: February 13, and 236 projects.) 1995. There is no deadline for submission of U.S. Post Office, Kennedy Plaza, Requests for service coordinators may requests. State and area offices must Providence, Rhode Island 02903– be submitted to the HUD State or area process and approve requests within 45 1785, (401) 528–5354 office in whose jurisdiction the project days of receipt. Requests will be New York/New Jersey lies at any time, beginning February 28, submitted by the State and area offices 1995. to HUD Headquarters for funding. All New York SUPPLEMENTARY INFORMATION: Service projects will be funded as they are Juan Bautista, Acting Multifamily Coordinators are authorized by sections submitted and approved, subject to the Housing Director, HUD-New York 671, 674, 676 and 677 of the Housing availability of funds. When dollars Office, 26 Federal Plaza, New York, and Community Development Act of designated in each section 8 service New York 10278–0068, (212) 264– 1992 (the Act) (42 U.S.C. 13632). A coordinator category of funds are 4771 service coordinator is a social service exhausted, HUD State and area offices Buffalo staff person hired by the project owner/ will be notified to begin processing management company. The coordinator projects under Housing Notice H–94–98, Kenneth Lobene, Multifamily Housing is responsible for assuring that elderly ‘‘Funding a Service Coordinator in Director, HUD-Buffalo Office, residents of the project, especially those Eligible Housing Projects for Elderly, Lafayette Court, 465 Main Street, 5th who are frail and disabled, are linked to Disabled, or Families by Using Residual Floor, Buffalo, New York 14203–1780, the supportive services they need to Receipts, Budget-Based Rent Increases (716) 846–5722 or Special Adjustments’’, which allows continue living independently in that Newark project. approval of a coordinator using residual receipts, the budget-based rent increase Encarnacion Loukatos, Multifamily 1 Previously entitled the Farmers Home process, or contract rents adjusted by Housing Director, HUD-Newark Administration (FmHA. the AAF. Office, One Newark Center, 13th Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8281 Floor, Newark, New Jersey 07102– Juan, Puerto Rico 00918–1804, (809) Cincinnati 5260, (201) 622–7900 x3400 766–5401 Patricia Knight, Multifamily Housing Mid-Atlantic Columbia Director, HUD-Cincinnati Office, Federal Office Building, 550 Main Philadelphia Robert Rifenberick, Multifamily Housing Director, HUD-Columbia Street, Room 9002, Cincinnati, Ohio Thomas Langston, Multifamily Housing 45202–3253, (513) 684–2881 Director, HUD-Philadelphia Office, Office, Strom Thurmond Federal Liberty Square Building, 105 South Building, 1835 Assembly Street, Cleveland Columbia, South Carolina 29201– 7th Street, Philadelphia, Pennsylvania Mike Kulick, Acting Multifamily 2480, (803) 765–5515 19106–3392, (215) 597–2646 Housing Director, HUD-Cleveland Baltimore Greensboro Office, Renaissance Building, 1350 Euclid Avenue, Fifth Floor, Ina Singer, Multifamily Housing Daniel A. McCanless, Multifamily Housing Director, HUD-Greensboro Cleveland, Ohio 44115–1815, (216) Director, HUD-Baltimore Office, City 522–4112 Crescent Building, 5th Floor, 10 South Office, Kroger Building, 2306 West Howard Street, Baltimore, Maryland Meadowview Road, Greensboro, Columbus 21201–2505, (410) 962–2520 North Carolina 27407–3707, (910) 547–4020 Donald Jakob, Multifamily Housing Charleston Director, HUD-Columbus Office, 200 Jackson North High Street, Columbus, Ohio Frederick Roncaglione, Multifamily 43215–2499, (614) 469–2156 Housing Director, HUD-Charleston Reba G. Cook, Multifamily Housing Office, 405 Capitol Street, Suite 708, Director, HUD-Jackson Office, Dr. Detroit A.H. McCoy Federal Building, 100 Charleston, West Virginia 25301– Robert M. Brown, Multifamily Housing 1795, (304) 347–7037 West Capitol Street, Room 910, Jackson, Mississippi 39269–1096, Director, HUD-Detroit Office, Patrick Pittsburgh (601) 965–4700 V. McNamara Federal Building, 477 Michigan Avenue, Detroit, Michigan Edward Polombizio, Multifamily Jacksonville 48226–2592, (313) 226–7107 Housing Director, HUD-Pittsburgh Office, 412 Old Post Office Ferdinand Juluke, Multifamily Housing Grand Rapids Courthouse, 7th Avenue and Grant Director, HUD-Jacksonville Office, Southern Bell Tower, 301 West Bay John Milchick, Multifamily Housing Street, Pittsburgh, Pennsylvania Director, HUD-Grand Rapids Office, 15219, (412) 644–6394 Street, Suite 2200, Jacksonville, Florida 32202–5121, (904) 232–2811 2922 Fuller Avenue, NE., Grand Richmond Rapids, Michigan 49505–3499, (616) Knoxville Charles Famuliner, Multifamily Housing 456–2122 Director, HUD-Richmond Office, The William S. McClister, Multifamily Indianapolis 3600 Centre, 360 West Broad Street, Housing Director, HUD-Knoxville Henry Levandowski, Multifamily P.O. Box 90331, Richmond, Virginia Office, John J. Duncan Federal Housing Director, HUD-Indianapolis 23230–0331, (804) 278–4505 Building, 710 Locust Street, SW., Third Floor, Knoxville, Tennessee Office, 151 North Delaware Street, Washington 37902–2526, (616) 545–4406 Indianapolis, Indiana 46204–2526, Felicia Williams, Multifamily Housing (317) 226–6305 Louisville Director, HUD-Washington, DC Office, Milwaukee Union Center Plaza, Phase II, 820 First R. Brooks Hatcher, Jr., Multifamily Street, NE., Suite 300, Washington, Housing Director, HUD-Louisville Gladys A. Kane, Multifamily Housing DC 20002–4205, (202) 275–4726 Office, 601 West Broadway, P.O. Box Director, HUD-Milwaukee Office, 1044, Louisville, Kentucky 40201– Henry S. Reuss Federal Plaza, 310 Southeast 1044, (502) 582–6124 West Wisconsin 53203–2289, (414) 297–3159 Atlanta Miami/South Dade Minneapolis-St. Paul Robert W. Reavis, Jr., Multifamily James H. Martin, Chief Asset Housing Director, HUD-Atlanta Management Branch, Miami/South Howard Goldman, Multifamily Housing Office, Richard B. Russell Federal Dade Office, 10710 SW., 211 Street, Director, HUD-Minneapolis-St. Paul Building, 75 Spring Street, SW., Miami, Florida 33189, (305) 238–2851 Office, 220 Second Street, South, Atlanta, Georgia 30303–3388, (404) Minneapolis, Minnesota 55401–2195, 331–4801 Nashville (612) 370–3051 Ed M. Phillips, Acting Multifamily Birmingham Southwest Housing Director, HUD-Nashville Herman Ransom, Multifamily Housing Office, 251 Cumberland Bend Drive, Fort Worth Director, HUD-Birmingham Office, Suite 200, Nashville, Tennessee E. Ross Burton, Multifamily Housing Beacon Ridge Tower, 600 Beacon 37228–1803, (615) 736–7154 Parkway West, Suite 300, Director, HUD-Fort Worth Office, Birmingham, Alabama 35209–3144, Midwest 1600 Throckmorton, P.O. Box 2905, (205) 290–7648 Fort Worth, Texas 76113–2905, (817) Chicago 885–5967 Caribbean Beverly Bishop, Multifamily Housing Minerva Bravo-Perez, Multifamily Director, HUD-Chicago Office, Ralph Albuquerque C+ Housing Director, HUD-Caribbean Metcalfe Federal Building, 77 West Robert L. Salazar, Chief Asset Office, New San Juan Office Building, Jackson Boulevard, Chicago, Illinois Management Branch, HUD- 159 Carlos E. Chardon Avenue, San 60604–3507, (312) 353–6950 Albuquerque Office, 625 Truman 8282 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices Street, NW., Albuquerque, New Great Plains Vegas, Nevada 89229–6516, (702) Mexico 87110–6443, (505) 262–6272 388–6247 Kansas City Dallas C+ Joan Knapp, Multifamily Housing Los Angeles Robert L. Greene, Chief Asset Director, HUD-Kansas City Office, Joyce Biase, Multifamily Housing Management Branch, HUD-Dallas Gateway Tower II, 400 State Avenue, Director, HUD-Los Angeles Office, Office, 525 Griffin Street, Room 860, Room 200, Kansas City, Kansas 1615 West Olympic Boulevard, Los Dallas, Texas 75202–507, (214) 767– 66101–2406, (913) 551–5504 Angeles, California 90015–3801, (213) 8372 Des Moines 251–7030 Houston Donna M. Davis, Multifamily Housing Phoenix Albert Cason, Multifamily Housing Director, HUD-Des Moines Office Director, HUD-Houston Office, Federal Building, 210 Walnut Street, Sally G. Thomas, Multifamily Housing Norfolk Tower, 2211 Norfolk, Suite Room 239, Des Moines, Iowa 50309– Director, HUD-Phoenix Office, Two 200, Houston, Texas 77098–4096, 2155, (515) 284–4736 Arizona Center, 400 North 5th Street, (713) 834–3200 Suite 1600, Phoenix, Arizona 85004– Omaha Little Rock 2361, (602) 379–4667 Steven Gage, Multifamily Housing Sacramento Elsie Whitson, Multifamily Housing Director, HUD-Omaha Office, Director, HUD-Little Rock Office, Executive Tower Centre, 10909 Mill William F. Bolton, Acting Multifamily TCBY Tower, 425 West Capitol Valley Road, Omaha, Nebraska Housing Director, HUD-Sacramento Avenue, Suite 900, Little Rock, 68154–3955, (402) 492–3126 Arkansas 72201–3488, (501) 324–5401 Office, 777 12th Street, Suite 200, St. Louis Sacramento, California 95814–1977, New Orleans (916) 490–5230 Paul Dribin, Multifamily Housing Ann Kizzier, Multifamily Housing Director, HUD-St. Louis Office, Robert San Diego C+ Director, HUD-New Orleans Office, A. Young Federal Building, 1222 Fisk Federal Building, 1661 Canal Spruce Street, Third Floor, St. Louis, Sebastian M. Adame, Chief Asset Street, New Orleans, Louisiana Missouri 63103–2836, (314) 539–6560 Management Branch, HUD-San Diego 70112–1887, (504) 589–6833 Office, Mission City Corporate Center, Rocky Mountain Oklahoma City 2365 Northside Drive, Suite 300, San Denver Diego, California 92108–2712, (619) James McCarthy, Acting Multifamily 557–2600 Housing Director, HUD-Oklahoma Larry Sidebottom, Multifamily Housing City Office, Murrah Federal Building, Director, HUD-Denver Office, 633 Northwest/Alaska 200 NW. 5th Street, Oklahoma City, 17th Street, Denver, Colorado 80202– Seattle Oklahoma 73102–3202, (405) 231– 3607, (303) 672–5343 4181 Pacific/Hawaii Willie Spearmon, Multifamily Housing San Antonio Director, HUD-Seattle Office, Seattle San Francisco Federal Office Building, 909 First Carmen Casas, Multifamily Housing Avenue, Suite 200, Seattle, Director, HUD-San Antonio Office, Janet L. Browder, Multifamily Housing Director, HUD-San Francisco Office, Washington 98104–1000, (206) 220– Washington Square Building, 800 5200 x3194 Dolorosa Street, San Antonio, Texas Phillip Burton Federal Building and 78207–4563, (210) 229–6794 U.S. Courthouse, 450 Golden Gate Anchorage Avenue, P.O. Box 36003, San Shreveport C+ Francisco, California 94102–3448, Paul O. Johnson, Multifamily Housing Anthony J. Hernandez, Chief Asset (415) 556–7317 Director, HUD-Anchorage Office, University Plaza Building, 949 East Management Branch, HUD-Shreveport Honolulu Office, 401 Edwards Street, Suite 36th Avenue, Suite 401, Anchorage, 1510, Shreveport, Louisiana 71101– Michael S. Flores, Multifamily Housing Alaska 99508–4135, (907) 271–4610 3107, (318) 676–3393 Director, HUD-Honolulu Office, Seven Waterfront Plaza, 500 Ala Moana Portland Tulsa C+ Boulevard, Suite 500, Honolulu, Thomas C. Cusack, Multifamily Housing Faye O’Connor, Chief Asset Hawaii 96813–4918, (808) 522–8184 Director, HUD-Portland Office, 520 Management Branch, HUD-Tulsa Las Vegas C+ SW 6th Avenue, Portland, Oregon Office, Boston Place, 1516 South 97204–1596, (503) 326–2664 Boston Avenue, Suite 110, Tulsa, Dorothy Manz, Chief Asset Management Oklahoma 74119–4032, (918) 581– Branch, HUD-Las Vegas Office, 1500 [FR Doc. 95–3473 Filed 2–10–95; 8:45 am] 7456 East Tropicana Avenue, Suite 205, Las BILLING CODE 4210±27±M i Reader Aids Federal Register Vol. 60, No. 29 Monday, February 13, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING FEBRUARY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 1036...... 6606, 7290 Proclamations: 1040...... 6606, 7290 Code of Federal Regulations 6767...... 7427 1044...... 6606, 7290 1046...... 6606, 7290 Index, finding aids & general information 523±5227 Executive Orders: Printing schedules 523±3419 12898 (Amended by 1049...... 6606, 7290 1050...... 6606, 7290 Laws EO 12948)...... 6381 12948...... 6381 1064...... 6606, 7290 Public Laws Update Service (numbers, dates, etc.) 523±6641 12949...... 8169 1065...... 6606, 7290 Additional information 523±5230 1068...... 6606, 7290 Administrative Orders: 1075...... 6606, 7290 Presidential Documents Memorandums: 1076...... 6606, 7290 February 7, 1995 ...... 7885 1079...... 6606, 7290 Executive orders and proclamations 523±5230 1093...... 6606, 7290 Public Papers of the Presidents 523±5230 5 CFR 1094...... 6606, 7290 Weekly Compilation of Presidential Documents 523±5230 185...... 7891 1096...... 6606, 7290 The United States Government Manual 211...... 6595 1099...... 7290 214...... 6383 1106...... 6606, 7290 General information 523±5230 317...... 6383 1108...... 6606, 7290 Other Services 319...... 6383 1124...... 6606, 7290 353...... 6595 Data base and machine readable specifications 523±4534 1126 ...... 6606, 7290, 7465 359...... 6383 Guide to Record Retention Requirements 523±3187 1131 ...... 6606, 7290, 7466 430...... 6595 Legal staff 523±4534 1134...... 6606, 7290 534...... 6383 Privacy Act Compilation 523±3187 1135...... 6606, 7290 2635...... 6390 Public Laws Update Service (PLUS) 523±6641 1137...... 6606, 7290 Proposed Rules: TDD for the hearing impaired 523±5229 1138...... 6606, 7290 532...... 6041 1139...... 6606, 7290 1485...... 6352 ELECTRONIC BULLETIN BOARD 7 CFR Free Electronic Bulletin Board service for Public Law 25...... 6945 8 CFR numbers, Federal Register finding aids, and list of 29...... 7429 103...... 6647 documents on public inspection. 202±275±0920 70...... 6638 292...... 6647 110...... 8118 299...... 6647 FAX-ON-DEMAND 300...... 6957 310...... 6647 You may access our Fax-On-Demand service. You only need a fax 319...... 5997, 6957 312...... 6647 machine and there is no charge for the service except for long 322...... 5997 313...... 6647 distance telephone charges the user may incur. The list of 372...... 6000 315...... 6647 documents on public inspection and the daily Federal Register’s 729...... 7429 316...... 6647 table of contents are available using this service. The document 920...... 7430 316a...... 6647 numbers are 7050-Public Inspection list and 7051-Table of 985...... 6392 319...... 6647 Contents list. The public inspection list will be updated 997...... 6394 322...... 6647 immediately for documents filed on an emergency basis. 1005...... 7432 324...... 6647 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1007...... 7432 325...... 6647 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1011...... 7432 327...... 6647 public inspection may be viewed and copied in our office located 1046...... 7432 328...... 6647 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1050...... 7434 329...... 6647 telephone number is: 301±713±6905 1212...... 7435 330...... 6647 1435...... 7697 331...... 6647 1751...... 8171 FEDERAL REGISTER PAGES AND DATES, FEBRUARY 332...... 6647 Proposed Rules: 332a...... 6647 29...... 6452, 6453 332b...... 6647 5997±6382...... 1 1001...... 6606, 7290 332c ...... 6647 6383±6646...... 2 1002...... 6606, 7290 332d...... 6647 1004...... 6606, 7290 333...... 6647 6647±6944...... 3 1005...... 6606, 7290 334...... 6647 6945±7110...... 6 1006...... 6606, 7290 334a...... 6647 7111±7428...... 7 1007...... 6606, 7290 335...... 6647 1011 ...... 6396, 6606, 7290 335a...... 6647 7429±7696...... 8 1012...... 6606, 7290 335c ...... 6647 7697±7884...... 9 1013...... 6606, 7290 336...... 6647 7885±8168...... 10 1030...... 6606, 7290 337...... 6647 1032 ...... 6005, 6606, 7290 338...... 6647 8169±8282...... 13 1033...... 6606, 7290 339...... 6647 ii Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Reader Aids 340...... 6647 135...... 6632 6...... 8209 270...... 6666 343b...... 6647 18...... 8209 271...... 7824 344...... 6647 16 CFR 19...... 8209 302...... 7824 499...... 6647 1500...... 8188 20...... 8209 Proposed Rules: Proposed Rules: 21...... 8209 Ch. I ...... 7931 9 CFR Ch. 1 ...... 6463 22...... 8209 51...... 7508 Proposed Rules: 23...... 8209 52 ...... 6049, 6051, 6052, 6467, 92...... 7137 17 CFR 26...... 8209 6687, 7154, 7742, 7931, 94...... 6454, 7138 140...... 8194 27...... 8209 7934 98...... 7137 230...... 6965 29...... 8209 82...... 7390 86...... 7404 308...... 6774 Proposed Rules: 33...... 8209 93...... 7508 310...... 6774 1...... 7925 35...... 8209 180...... 6052, 7509 318...... 6774, 6975 240...... 7718 756...... 7926 185...... 7511 320...... 6774 249...... 7718 325...... 6774 31 CFR 186...... 7511 270...... 7146 261...... 6054, 7513 326...... 6774 274...... 7146 575...... 6376 327...... 6774 271...... 7513 381...... 6774, 6975 18 CFR 32 CFR 300...... 7934, 8212 199...... 6013 302...... 7513 10 CFR 157...... 6657, 7821 761...... 7742 1310...... 8195 320...... 7908 20...... 7900 Proposed Rules: Proposed Rules: 41 CFR 199...... 7489 Proposed Rules: 803...... 7925 101±40...... 7129 50...... 7467 804...... 7925 33 CFR 201±3...... 7715 52...... 7467 805...... 7925 201±9...... 7715 100...... 7467 117 ...... 6658, 7121, 7122 201±18...... 7715 19 CFR 165...... 7909, 7910 201±20...... 7715 11 CFR 4...... 6966 Proposed Rules: 201±21...... 7715 Ch. I ...... 7927 100...... 7862 Proposed Rules: 201±23...... 7715 104...... 7862 134...... 6464 117 ...... 7928, 7930, 8209 201±39...... 7715 113...... 7862 137...... 7652 210...... 7723 42 CFR 34 CFR 12 CFR 20 CFR 100...... 7678 74...... 6660 3...... 7903 404...... 8140 Proposed Rules: 75...... 6660 208...... 8177 416...... 8140 482...... 7514 225...... 8177 422...... 7117 Proposed Rules: 325...... 8182 668...... 6940 43 CFR Proposed Rules: 330...... 7701 Proposed Rules: 217...... 7728 344...... 7111 36 CFR 11...... 7154, 7155 226...... 7729 1617...... 7660 7...... 6021 2920...... 7877 232...... 7729 Proposed Rules: Proposed Rules: 8360...... 7743 35...... 7467 21 CFR 242...... 6466 44 CFR 208...... 6042 101...... 7711 1400...... 7506 225...... 6042 64...... 6034, 6035 510...... 7121 348...... 7139 37 CFR 65...... 6403, 6404 558...... 7121 67...... 6407 Ch. XVII ...... 7468 251...... 8196, 8198 Proposed Rules: 206...... 7130 252...... 8196 310...... 6892 13 CFR 253...... 8196 Proposed Rules: 67...... 6470 107...... 7392 22 CFR 254...... 8196 255...... 8196 46 CFR 14 CFR 43...... 7443 256...... 8196 25...... 7131 226...... 7712 257...... 8196 25...... 6616 160...... 7131 33...... 7112 Proposed Rules: 258...... 8196 140...... 7737 259...... 8196, 8198 Proposed Rules: 39 ...... 6397, 6652, 6654 Ch. I ...... 6687 71 ...... 6657, 6958, 6959, 6960, 24 CFR 38 CFR 381...... 6067 7115, 7116, 7439, 7441, 572...... 6482 7442, 7821, 8164, 8165, 91...... 6967 3...... 6660 8166 907...... 6399 4...... 7124 47 CFR 91...... 8166 26 CFR 39 CFR 64...... 7131 97 ...... 6398, 6961, 6962, 6963 73...... 6670 Proposed Rules: 121...... 6616 20...... 7912 97...... 7459 135...... 6616 1...... 7487, 7488 Proposed Rules: 53...... 7488 Proposed Rules: 302...... 6919 111...... 6047, 7154 Ch. 1 ...... 6482 Proposed Rules: 28 CFR 3001...... 8211 64...... 8217 Ch. I ...... 6045 73 ...... 6068, 6483, 6490, 6689 1...... 7380 64...... 7446 40 CFR 25 ...... 6456, 6632, 7479 51...... 7449 48 CFR 29 CFR 33...... 7380 52 ...... 6022, 6027, 6401, 7124, 31...... 7133 39 ...... 6045, 6459, 7140, 7143, 825...... 6658 7453, 7713, 7715, 7913 Proposed Rules: 7480, 7482, 7485, 7919, 1910...... 7447 63...... 7627 28...... 6602 7920, 7922, 7924, 8205, 80...... 6030 32...... 6602 30 CFR 8206 81...... 7124, 7453 45...... 7744 71 ...... 6461, 6462, 6686, 6975, 914...... 6400 82...... 7386 52...... 6602, 7744 7718 926...... 6006 93...... 7449 121...... 6632 Proposed Rules: 180 ...... 6032, 7456, 7457, 7458 49 CFR 125...... 6632 Ch. II...... 6977, 7152 261...... 7366, 7824 173...... 7627 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Reader Aids iii 192...... 7133 571 ...... 6411, 7461, 8199, 8202 Proposed Rules: LIST OF PUBLIC LAWS 653...... 7100 654...... 7100 This is a continuing list of public bills from the current 50 CFR session of Congress which 17...... 6671, 6968 have become Federal laws. It 229...... 6036 may be used in conjunction 611...... 7288 with ``P L U S'' (Public Laws 642...... 7134, 7716 Update Service) on 202±523± 651...... 6446 6641. The text of laws is not 663...... 6039 published in the Federal 672 ...... 7136, 7288, 7917 Register but may be ordered 675...... 6974 in individual pamphlet form 676...... 6448, 7288 (referred to as ``slip laws'') Proposed Rules: from the Superintendent of Ch. VI...... 7156 Documents, U.S. Government 100...... 6466 Printing Office, Washington, 222...... 6977 DC 20402 (phone, 202±512± 424...... 7744 2470). 611...... 8114 S. 273/P.L. 104±2 649...... 7936 650...... 7936 To amend section 61h±6 of 651...... 7936 title 2, United States Code. 652...... 6977 (Feb. 9, 1995; 109 Stat. 45; 2 675...... 8114 pages) 676...... 8114 Last List January 24, 1995 iv Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Reader Aids CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–022–00042–0) ...... 32.00 Jan. 1, 1994 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–022–00043–8) ...... 26.00 Jan. 1, 1994 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–022–00044–6) ...... 13.00 Jan. 1, 1994 numbers, prices, and revision dates. 200–1199 ...... (869–022–00045–4) ...... 23.00 Jan. 1, 1994 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–022–00046–2) ...... 16.00 Jan. 1, 1994 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–022–00047–1) ...... 15.00 Jan. 1, 1994 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–022–00048–9) ...... 26.00 Jan. 1, 1994 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–022–00049–7) ...... 23.00 Jan. 1, 1994 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–022–00050–1) ...... 6.50 Jan. 1, 1994 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–022–00051–9) ...... 18.00 Jan. 1, 1994 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–022–00052–7) ...... 25.00 Jan. 1, 1994 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–022–00054–3) ...... 20.00 Apr. 1, 1994 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–022–00055–1) 23.00 Apr. 1, 1994 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–022–00056–0) 30.00 Apr. 1, 1994 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–022–00057–8) ...... 16.00 Apr. 1, 1994 150–279 ...... (869–022–00058–6) ...... 19.00 Apr. 1, 1994 1, 2 (2 Reserved) ...... (869–022–00001–2) ...... $5.00 Jan. 1, 1994 280–399 ...... (869–022–00059–4) ...... 13.00 Apr. 1, 1994 3 (1993 Compilation 400–End ...... (869–022–00060–8) ...... 11.00 Apr. 1, 1994 and Parts 100 and 19 Parts: 1 101) ...... (869–022–00002–1) ...... 33.00 Jan. 1, 1994 1–199 ...... (869–022–00061–6) ...... 39.00 Apr. 1, 1994 4 ...... (869–022–00003–9) ...... 5.50 Jan. 1, 1994 200–End ...... (869–022–00062–4) ...... 12.00 Apr. 1, 1994 5 Parts: 20 Parts: 1–699 ...... (869–022–00004–7) ...... 22.00 Jan. 1, 1994 1–399 ...... (869–022–00063–2) ...... 20.00 Apr. 1, 1994 700–1199 ...... (869–022–00005–5) ...... 19.00 Jan. 1, 1994 400–499 ...... (869–022–00064–1) ...... 34.00 Apr. 1, 1994 1200–End, 6 (6 500–End ...... (869–022–00065–9) ...... 31.00 Apr. 1, 1994 Reserved) ...... (869–022–00006–3) ...... 23.00 Jan. 1, 1994 21 Parts: 7 Parts: 1–99 ...... (869–022–00066–7) ...... 16.00 Apr. 1, 1994 0–26 ...... (869–022–00007–1) ...... 21.00 Jan. 1, 1994 100–169 ...... (869–022–00067–5) ...... 21.00 Apr. 1, 1994 27–45 ...... (869–022–00008–0) ...... 14.00 Jan. 1, 1994 170–199 ...... (869–022–00068–3) ...... 21.00 Apr. 1, 1994 46–51 ...... (869–022–00009–8) ...... 20.00 6Jan. 1, 1993 200–299 ...... (869–022–00069–1) ...... 7.00 Apr. 1, 1994 52 ...... (869–022–00010–1) ...... 30.00 Jan. 1, 1994 300–499 ...... (869–022–00070–5) ...... 36.00 Apr. 1, 1994 53–209 ...... (869–022–00011–0) ...... 23.00 Jan. 1, 1994 500–599 ...... (869–022–00071–3) ...... 16.00 Apr. 1, 1994 210–299 ...... (869–022–00012–8) ...... 32.00 Jan. 1, 1994 600–799 ...... (869–022–00072–1) ...... 8.50 Apr. 1, 1994 300–399 ...... (869–022–00013–6) ...... 16.00 Jan. 1, 1994 800–1299 ...... (869–022–00073–0) ...... 22.00 Apr. 1, 1994 400–699 ...... (869–022–00014–4) ...... 18.00 Jan. 1, 1994 1300–End ...... (869–022–00074–8) ...... 13.00 Apr. 1, 1994 700–899 ...... (869–022–00015–2) ...... 22.00 Jan. 1, 1994 900–999 ...... (869–022–00016–1) ...... 34.00 Jan. 1, 1994 22 Parts: 1000–1059 ...... (869–022–00017–9) ...... 23.00 Jan. 1, 1994 1–299 ...... (869–022–00075–6) ...... 32.00 Apr. 1, 1994 1060–1119 ...... (869–022–00018–7) ...... 15.00 Jan. 1, 1994 300–End ...... (869–022–00076–4) ...... 23.00 Apr. 1, 1994 1120–1199 ...... (869–022–00019–5 ...... 12.00 Jan. 1, 1994 23 ...... (869–022–00077–2) ...... 21.00 Apr. 1, 1994 1200–1499 ...... (869–022–00020–9) ...... 30.00 Jan. 1, 1994 24 Parts: 1500–1899 ...... (869–022–00021–7) ...... 30.00 Jan. 1, 1994 0–199 ...... (869–022–00078–1) ...... 36.00 Apr. 1, 1994 1900–1939 ...... (869–022–00022–5) ...... 15.00 Jan. 1, 1994 ...... 1940–1949 ...... (869–022–00023–3) ...... 30.00 Jan. 1, 1994 200–499 (869–022–00079–9) 38.00 Apr. 1, 1994 1950–1999 ...... (869–022–00024–1) ...... 35.00 Jan. 1, 1994 500–699 ...... (869–022–00080–2) ...... 20.00 Apr. 1, 1994 2000–End ...... (869–022–00025–0) ...... 14.00 Jan. 1, 1994 700–1699 ...... (869–022–00081–1) ...... 39.00 Apr. 1, 1994 1700–End ...... (869–022–00082–9) ...... 17.00 Apr. 1, 1994 8 ...... (869–022–00026–8) ...... 22.00 Jan. 1, 1994 25 ...... (869–022–00083–7) ...... 32.00 Apr. 1, 1994 9 Parts: 1–199 ...... (869–022–00027–6) ...... 29.00 Jan. 1, 1994 26 Parts: 200–End ...... (869–022–00028–4) ...... 23.00 Jan. 1, 1994 §§ 1.0-1–1.60 ...... (869–022–00084–5) ...... 20.00 Apr. 1, 1994 §§ 1.61–1.169 ...... (869–022–00085–3) ...... 33.00 Apr. 1, 1994 10 Parts: §§ 1.170–1.300 ...... (869–022–00086–1) ...... 24.00 Apr. 1, 1994 0–50 ...... (869–022–00029–2) ...... 29.00 Jan. 1, 1994 §§ 1.301–1.400 ...... (869–022–00087–0) ...... 17.00 Apr. 1, 1994 51–199 ...... (869–022–00030–6) ...... 22.00 Jan. 1, 1994 §§ 1.401–1.440 ...... (869–022–00088–8) ...... 30.00 Apr. 1, 1994 200–399 ...... (869–022–00031–4) ...... 15.00 6Jan. 1, 1993 §§ 1.441-1.500 ...... (869-022-00089-6) ...... 22.00 Apr. 1, 1994 400–499 ...... (869–022–00032–2) ...... 21.00 Jan. 1, 1994 §§ 1.501–1.640 ...... (869–022–00090–0) ...... 21.00 Apr. 1, 1994 500–End ...... (869–022–00033–1) ...... 37.00 Jan. 1, 1994 §§ 1.641–1.850 ...... (869–022–00091–8) ...... 24.00 Apr. 1, 1994 11 ...... (869–022–00034–9) ...... 14.00 Jan. 1, 1994 §§ 1.851–1.907 ...... (869–022–00092–6) ...... 26.00 Apr. 1, 1994 §§ 1.908–1.1000 ...... (869–022–00093–4) ...... 27.00 Apr. 1, 1994 12 Parts: §§ 1.1001–1.1400 ...... (869–022–00094–2) ...... 24.00 Apr. 1, 1994 1–199 ...... (869–022–00035–7) ...... 12.00 Jan. 1, 1994 §§ 1.1401–End ...... (869–022–00095–1) ...... 32.00 Apr. 1, 1994 200–219 ...... (869–022–00036–5) ...... 16.00 Jan. 1, 1994 2–29 ...... (869–022–00096–9) ...... 24.00 Apr. 1, 1994 220–299 ...... (869–022–00037–3) ...... 28.00 Jan. 1, 1994 30–39 ...... (869–022–00097–7) ...... 18.00 Apr. 1, 1994 300–499 ...... (869–022–00038–1) ...... 22.00 Jan. 1, 1994 40–49 ...... (869–022–00098–4) ...... 14.00 Apr. 1, 1994 500–599 ...... (869–022–00039–0) ...... 20.00 Jan. 1, 1994 50–299 ...... (869–022–00099–3) ...... 14.00 Apr. 1, 1994 ...... 600–End (869–022–00040–3) 32.00 Jan. 1, 1994 300–499 ...... (869–022–00100–1) ...... 24.00 Apr. 1, 1994 13 ...... (869–022–00041–1) ...... 30.00 Jan. 1, 1994 500–599 ...... (869–022–00101–9) ...... 6.00 4 Apr. 1, 1990 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Reader Aids v Title Stock Number Price Revision Date Title Stock Number Price Revision Date 600–End ...... (869–022–00102–7) ...... 8.00 Apr. 1, 1994 790–End ...... (869–022–00155–8) ...... 27.00 July 1, 1994 27 Parts: 41 Chapters: 1–199 ...... (869–022–00103–5) ...... 36.00 Apr. 1, 1994 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–022–00104–3) ...... 13.00 Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 ...... 1-42 (869–022–00105–1) 27.00 July 1, 1994 8 ...... 4.50 3 July 1, 1984 ...... 43-end (869-022-00106-0) 21.00 July 1, 1994 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–022–00107–8) ...... 21.00 July 1, 1994 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–022–00108–6) ...... 9.50 July 1, 1994 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–022–00109–4) ...... 35.00 July 1, 1994 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–022–00110–8) ...... 17.00 July 1, 1994 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–022–00156–6) ...... 9.50 July 1, 1994 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–022–00158–2) ...... 15.00 July 1, 1994 end) ...... (869–022–00112–4) ...... 21.00 July 1, 1994 201–End ...... (869–022–00159–1) ...... 13.00 July 1, 1994 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: *430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: 200–699 ...... (869–022–00117–5) ...... 19.00 July 1, 1994 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 700–End ...... (869–022–00118–3) ...... 27.00 July 1, 1994 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–022–00119–1) ...... 18.00 July 1, 1994 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–022–00120–5) ...... 30.00 July 1, 1994 45 Parts: 32 Parts: 1–199 ...... (869–019–00167–1) ...... 22.00 Oct. 1, 1993 1–39, Vol. I ...... 15.00 2 July 1, 1984 200–499 ...... (869–019–00168–9) ...... 15.00 Oct. 1, 1993 1–39, Vol. II ...... 19.00 2 July 1, 1984 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 2 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 191–399 ...... (869–022–00122–1) ...... 36.00 July 1, 1994 46 Parts: 400–629 ...... (869–022–00123–0) ...... 26.00 July 1, 1994 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–022–00124–8) ...... 14.00 5 July 1, 1991 *41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 700–799 ...... (869–022–00125–6) ...... 21.00 July 1, 1994 70–89 ...... (869–019–00173–5) ...... 8.50 Oct. 1, 1993 800–End ...... (869–022–00126–4) ...... 22.00 July 1, 1994 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 140–155 ...... (869–019–00175–1) ...... 12.00 Oct. 1, 1993 33 Parts: 156–165 ...... (869–019–00176–0) ...... 17.00 Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–022–00129–9) ...... 24.00 July 1, 1994 *500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–022–00130–2) ...... 28.00 July 1, 1994 *0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–022–00131–1) ...... 21.00 July 1, 1994 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 35 ...... (869–022–00133–7) ...... 12.00 July 1, 1994 *70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 36 Parts: *80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 1–199 ...... (869–022–00134–5) ...... 15.00 July 1, 1994 48 Chapters: 200–End ...... (869–022–00135–3) ...... 37.00 July 1, 1994 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 37 ...... (869–022–00136–1) ...... 20.00 July 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 0–17 ...... (869–022–00137–0) ...... 30.00 July 1, 1994 3–6 ...... (869–022–00189–2) ...... 23.00 Oct. 1, 1994 18–End ...... (869–022–00138–8) ...... 29.00 July 1, 1994 *7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 39 ...... (869–022–00139–6) ...... 16.00 July 1, 1994 15–28 ...... (869–019–00191–3) ...... 31.00 Oct. 1, 1993 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 1–51 ...... (869–022–00140–0) ...... 39.00 July 1, 1994 49 Parts: 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 60 ...... (869-022-00143-4) ...... 36.00 July 1, 1994 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 *200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 400–999 ...... (869–019–00197–2) ...... 33.00 Oct. 1, 1993 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 *1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 50 Parts: 190–259 ...... (869–022–00149–3) ...... 18.00 July 1, 1994 1–199 ...... (869–019–00200–6) ...... 20.00 Oct. 1, 1993 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 *200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 CFR Index and Findings 700–789 ...... (869–022–00154–0) ...... 28.00 July 1, 1994 Aids ...... (869–022–00053–5) ...... 38.00 Jan. 1, 1994 vi Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Reader Aids Title Stock Number Price Revision Date 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. Complete 1995 CFR set ...... 883.00 1995 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 Microfiche CFR Edition: in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing Complete set (one-time mailing) ...... 188.00 1992 those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only Complete set (one-time mailing) ...... 223.00 1993 for Chapters 1 to 49 inclusive. For the full text of procurement regulations Complete set (one-time mailing) ...... 244.00 1994 in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. Subscription (mailed as issued) ...... 264.00 1995 4 No amendments to this volume were promulgated during the period Apr. Individual copies ...... 1.00 1995 1, 1990 to Mar. 31, 1994. 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, 1994. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1993. The CFR volume issued January 1, 1993, should be retained.