Pages 24433±24664 Vol. 61 5±15±96 No. 95 federal register May 15,1996 Wednesday 1 II Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996

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2 III

Contents Federal Register Vol. 61, No. 95

Wednesday, May 15, 1996

Agency for Health Care Policy and Research Corporation for National and Community Service NOTICES NOTICES Meetings: AmeriCorps*VISTA sponsors and projects; pre-application Health Care Policy and Research Special Emphasis Panel, inquiry form reinstatement, 24481 24500 Defense Department Agency for International Development See Army Department NOTICES See Engineers Corps Agency information collection activities: See Navy Department Proposed collection; comment request, 24509 PROPOSED RULES Acquisition regulations: Agriculture Department Government property; use and charges clause class See Animal and Plant Health Inspection Service deviation, 24473–24474 See Food and Consumer Service See Food Safety and Inspection Service Delaware River Basin Commission NOTICES NOTICES Agency information collection activities: Hearings, 24482 Submission for OMB review; comment request, 24478 Drug Enforcement Administration Animal and Plant Health Inspection Service NOTICES RULES Applications, hearings, determinations, etc.: Plant-related quarantine, foreign: Isotec Inc., 24514–24515 Irradiation as phytosanitary treatment for plant pests; Research Biochemicals, L.P., 24515 policy statement, 24433–24439 Education Department Antitrust Division RULES Postsecondary education: NOTICES William D. Ford Federal direct loan program, 24446– National cooperative research notifications: 24447 Advanced Process Control Framework Initiative Program, 24513–24514 Employment Standards Administration ATM Forum, 24514 NOTICES Consortium for Integrated Intelligent Manufacturing, Minimum wages for Federal and federally-assisted Planning and Execution, 24514 construction; general wage determination decisions, Frame Relay Forum, 24514 24515–24516

Army Department Energy Department See Engineers Corps See Federal Energy Regulatory Commission NOTICES Meetings: Engineers Corps Army Education Advisory Committee, 24481 NOTICES Base realignment and closure: Children and Families Administration Surplus Federal property— PROPOSED RULES Irwin Support Annex, PA, 24481 Head Start Fellows Program, 24467–24469 Environmental Protection Agency Coast Guard RULES RULES Air quality implementation plans; approval and Vessels; small passenger vessel inspection and certification promulgation; various States: Correction, 24464–24465 Ohio, 24457–24460 Clean Air Act: Commerce Department State operating permits programs— See National Oceanic and Atmospheric Administration Massachusetts, 24460–24461 NOTICES PROPOSED RULES Agency information collection activities: Air quality implementation plans; approval and Submission for OMB review; comment request, 24479– promulgation; various States: 24480 Ohio, 24467 NOTICES Comptroller of the Currency Agency information collection activities: NOTICES Proposed collection; comment request, 24486–24489 Organization, functions, and authority delegations: Pesticide, food, and feed additive petitions: Comptroller; order of succession, 24532 Dicamba, 24492–24493 IV Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Contents

Pesticide registration, cancellation, etc.: Federal Maritime Commission Ortho Methoxychlor 70, etc., 24489–24490 NOTICES Reregistration eligibility decisions; development Agreements filed, etc., 24498 schedule, 24490–24492 Casualty and nonperformance certificates: Pesticides; emergency exemptions, etc.: Celebrity Cruises, Inc., et al., 24498 Carbofuran, 24493–24494 Norwegian Cruise Line et al., 24498 Puma 1EC, 24494–24495 Pesticides; experimental use permits, etc.: Federal Reserve System AgrEvo USA Co. et al., 24495–24496 RULES Pesticides; temporary tolerances: International banking operations (Regulation K): Ciba Plant Protection, 24496 Foreign banks home state selection, 24439–24440 NOTICES Executive Office of the President Banks and bank holding companies: See Management and Budget Office Permissible nonbanking activities, 24498–24499 See Presidential Documents See Trade Representative, Office of United States Federal Trade Commission NOTICES Federal Aviation Administration Meetings: PROPOSED RULES Global Information Infrastructure; consumer privacy; Air carrier certification and operations: public workshop, 24499 Age 60 rule Correction, 24533 Air traffic operating and flight rules: Fish and Wildlife Service Rocky Mountain National Park, CO; special flight rules in NOTICES vicinity, 24582–24585 Endangered and threatened species permit applications, Class E airspace; correction, 24533 24505–24507 NOTICES Marine mammal permit applications, 24507 Exemption petitions; summary and disposition, 24526– 24527 Food and Consumer Service Meetings: NOTICES RTCA, Inc., 24527–24528 Commodity Supplemental Food Program: Elderly poverty income guidelines, 24478–24479 Federal Communications Commission RULES Food and Drug Administration Radio stations; table of assignments: RULES Texas et al., 24465 Animal drugs, feeds, and related products: PROPOSED RULES Gentamicin injection, 24440–24441 Common carrier services: Liquid Sul-Q-Nox (sodium sulfaquinoxaline solution), Microwave relocation for C, D, E, and F blocks; voluntary 24441–24443 negotiation period shortening, etc., 24470–24473 Monensin, 24443–24444 NOTICES NOTICES Applications, hearings, determinations, etc.: Animal drugs, feeds, and related products: Jones, Clarence E., 24496–24497 Benton County Ag Center, Inc.; medicated animal feeds Jotocon Communications, Inc., 24497 applications; proposal to withdraw, 24500–24501 University of Kansas, 24497 Food additive petitions: WKZF–FM, Inc., 24497–24498 Witco Corp.; withdrawn, 24501 Federal Election Commission Food Safety and Inspection Service RULES Contribution and expenditure limitations and prohibitions: NOTICES Candidate debates and news stories produced by cable Technical Service Center for field operations personnel and television organizations regulated meat, poultry, and egg product industries; Correction, 24533 alternative sites for consideration, 24479

Federal Emergency Management Agency Health and Human Services Department RULES See Agency for Health Care Policy and Research Flood insurance program: See Children and Families Administration Allocated loss adjustment expense fee schedule, 24462– See Food and Drug Administration 24464 See Health Care Financing Administration See Inspector General Office, Health and Human Services Federal Energy Regulatory Commission Department NOTICES NOTICES Electric rate and corporate regulation filings: Organization, functions, and authority delegations: Milford Power L.P. et al., 24484–24486 Program Systems Office et al., 24499–24500 Applications, hearings, determinations, etc.: El Paso Natural Gas Co., 24483 Health Care Financing Administration Northwest Pipeline Corp., 24483 See Inspector General Office, Health and Human Services Valero Transmission Co. et al., 24483–24484 Department Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Contents V

NOTICES Management and Budget Office Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 24501–24502 Unified agenda of Federal regulatory and deregulatory Submission for OMB review; comment request, 24501 actions, statement on Correction, 24533 Housing and Urban Development Department Editorial Note: This document, published in the Federal NOTICES Register of May 13, 1996, had the wrong page Lobbying information and registrations; reports, 24588– number in that issue’s Table of Contents. It should 24620 have been 22701. Indian Affairs Bureau Minerals Management Service NOTICES PROPOSED RULES Meetings: Outer Continental Shelf; oil, gas, and sulphur operations: Tribal consultation on financial trust services Tracts offered for sale; high bids, acceptance or rejection; improvement, 24505 time period extension, 24466–24467 NOTICES Inspector General Office, Health and Human Services Environmental statements; availability, etc.: Department Alaska OCS— NOTICES Lease sales, 24507 Program exclusions; list, 24502–24505 Gulf of Mexico OCS— Lease sales, 24507–24509 Interior Department See Fish and Wildlife Service See Indian Affairs Bureau National Highway Traffic Safety Administration See Land Management Bureau NOTICES See Minerals Management Service Meetings: See National Park Service Research and development programs, 24528

Internal Revenue Service National Oceanic and Atmospheric Administration NOTICES PROPOSED RULES Agency information collection activities: Fishery conservation and management: Proposed collection; comment request, 24529–24531 Limited access management of Federal fisheries in and off of Alaska International Development Cooperation Agency Gulf of Alaska and Bering Sea and Aleutian Islands See Agency for International Development groundfish, 24475–24477 NOTICES International Trade Commission Meetings: NOTICES Private remote-sensing space systems licensing; hearing, Import investigations: 24480–24481 Beryllium metal and high-beryllium alloys from— Kazakhstan, 24509–24510 National Park Service General agreement on trade in services; examination of NOTICES South American trading partners’ schedules of Meetings: commitments, 24510–24511 Petroglyph National Monument Advisory Commission, Polyvinyl alcohol from— 24509 China et al., 24511 Production sharing; use of U.S. components and Navy Department materials in foreign assembly (1992–1995), 24511– NOTICES 24512 Meetings: Chief of Naval Operations; Executive Panel, 24481–24482 Justice Department Patent licenses; non-exclusive, exclusive, or partially See Antitrust Division exclusive: See Drug Enforcement Administration Combustion chamber drain system, 24482 NOTICES Liquid crystal composition and alignment layer, 24482 Pollution control; consent judgments: AM International, Inc., et al., 24512 Office of Management and Budget Fisher, David B., et al., 24512 New Boston Coke Corp., 24513 See Management and Budget Office Regis, Raymond G., et al., 24513 Office of United States Trade Representative Labor Department See Trade Representative, Office of United States See Employment Standards Administration Pension Benefit Guaranty Corporation Land Management Bureau RULES NOTICES Multiemployer plans: Meetings: Valuation of plan benefits and plan assets following mass Sierra Front/Northwest Great Basin Resource Advisory withdrawal— Council, 24505 Interest rates, 24444–24446 VI Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Contents

Personnel Management Office Trade Representative, Office of United States NOTICES NOTICES Personnel management demonstration projects: World Trade Organization: Air Force; Armstrong, Phillips, Rome and Wright science Woven wool shirts and blouses from India; dispute and technology reinvention laboratories, 24622– settlement proceedings; comment request, 24516– 24642 24517

Postal Rate Commission Transportation Department RULES See Coast Guard Practice and procedure: See Federal Aviation Administration Market testing, 24447–24457 See National Highway Traffic Safety Administration See Research and Special Programs Administration Presidential Documents See Surface Transportation Board PROCLAMATIONS Special observances: Treasury Department Older Americans Month (Proc. 6894), 24661 See Comptroller of the Currency Peace Officers Memorial Day and Police Week (Proc. See Internal Revenue Service 6895), 24663 See Thrift Supervision Office

Public Health Service See Agency for Health Care Policy and Research Separate Parts In This Issue See Food and Drug Administration Part II Research and Special Programs Administration State Department, 24536–24580 NOTICES Meetings: Part III Hazardous materials safety program; regulatory review Department of Transportation, Federal Aviation and improved customer service, 24529 Administration, 24582–24585

Securities and Exchange Commission Part IV RULES Department of Housing and Urban Development, 24588– Electronic media; use in delivery purposes, 24644–24658 24620 NOTICES Self-regulatory organizations; proposed rule changes: Part V American Stock Exchange, Inc., 24520–24521 Office of Personnel Management, 24622–24642 Pacific Stock Exchange, Inc., 24521–24525 Philadelphia Stock Exchange, Inc., 24525–24526 Part VI Applications, hearings, determinations, etc.: Securities and Exchange Commission, 24644–24658 Minorco S.A., 24517–24520 Part VII State Department The President, 24661–24663 NOTICES Gifts to Federal employees from foreign governments; listing, 24536–24580 Reader Aids Surface Transportation Board Additional information, including a list of public laws, PROPOSED RULES telephone numbers, reminders, and finding aids, appears in Tariffs and schedules: the Reader Aids section at the end of this issue. Pipeline common carriage; change of rates and other service terms; disclosure and notice, 24474–24475 Electronic Bulletin Board Thrift Supervision Office Free Electronic Bulletin Board service for Public Law NOTICES numbers, Federal Register finding aids, and a list of Applications, hearings, determinations, etc.: documents on public inspection is available on 202–275– Kenwood Federal M.H.C., 24532 1538 or 275–0920. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 22...... 24470 24...... 24470 Proclamations: 6894...... 24661 48 CFR 6895...... 24663 Proposed Rules: 7 CFR 52...... 24473 319...... 24433 49 CFR 11 CFR Proposed Rules: 110...... 24533 1305...... 24474 12 CFR 50 CFR 211...... 24439 Proposed Rules: 14 CFR 672...... 24475 Proposed Rules: 675...... 24475 71...... 24533 676...... 24475 91...... 24582 121 (2 documents) ...... 24582, 24533 127...... 24582 135...... 24582 17 CFR 200...... 25652 228...... 25652 229...... 25652 230...... 25652 231...... 24644 232...... 25652 239...... 25652 240...... 25652 241...... 24644 270...... 25652 271...... 24644 274...... 25652 276...... 24644 21 CFR 510...... 24440 520 (2 documents) ...... 24441, 24443 522...... 24440 556 (2 documents) ...... 24440, 24441 558...... 24443 29 CFR 2619...... 24444 2676...... 24444 30 CFR Proposed Rules: 256...... 24466 34 CFR 685...... 24446 39 CFR 3001...... 24447 40 CFR 52...... 24457 70...... 24460 Proposed Rules: 52...... 24467 44 CFR 62...... 24462 45 CFR Proposed Rules: 1311...... 24467 46 CFR Ch. I ...... 24464 170...... 24464 171...... 24464 173...... 24464 47 CFR 73...... 24465 Proposed Rules: 15...... 24470 24433

Rules and Regulations Federal Register Vol. 61, No. 95

Wednesday, May 15, 1996

This section of the FEDERAL REGISTER to this service should send an e-mail and does not establish any agency contains regulatory documents having general message to requirements. Any requirements applicability and legal effect, most of which ‘‘[email protected]’’— concerning irradiation that APHIS are keyed to and codified in the Code of without the quotation marks—and leave develops will be promulgated through Federal Regulations, which is published under the subject area empty. In the body of rulemaking published in the Federal 50 titles pursuant to 44 U.S.C. 1510. the message, type ‘‘subscribe irrad’’— Register. The Code of Federal Regulations is sold by again without the quotes—and then Since 1989, the only formally adopted the Superintendent of Documents. Prices of send the message. regulatory policy for irradiation as a new books are listed in the first FEDERAL You can also subscribe to this mailing phytosanitary treatment in the United REGISTER issue of each week. list or file individual e-mail comments States has been based on Title 7 of the using a form contained in a World Wide Code of Federal Regulations (7 CFR Web site devoted to this document. The 318.13–4f, ‘‘Administrative instructions DEPARTMENT OF AGRICULTURE site also contains downloadable copies for approving an irradiation treatment as of this document and may also have a condition for certification of papayas Animal and Plant Health Inspection additional background documents on for movement from Hawaii’’). This Service irradiation, and links to other sites authorization is specific for a concerning radiation and the irradiation commodity, place of origin, and 7 CFR Part 319 of products. The address (URL) of the program, but is designed for a complex [Docket No. 95±088±1] World Wide Web site is: of fruit flies rather than a single pest. www.aphis.usda.gov/ppd/irrad. While routine commercial shipments The Application of Irradiation to You may also submit comments by were never realized under this Phytosanitary Problems postal mail. To do so, please send an regulation due to the lack of a treatment original and three copies of your facility in Hawaii, the authorization has AGENCY: Animal and Plant Health comments to Docket No. 95–088–1, proven useful from the standpoint of Inspection Service, USDA. Regulatory Analysis and Development, beginning to establish policies for ACTION: Notice of policy. PPD, APHIS, Suite 3C03, 4700 River irradiation as a phytosanitary treatment SUMMARY: This document sets forth a Road Unit 118, Riverdale, MD 20737– in the United States. policy statement that shares positions 1238. Please state that your comments Six years later, PPQ remains and policies of the Animal and Plant refer to Docket No. 95–046–1. Postal and dedicated to using the most up-to-date, Health Inspection Service (APHIS) e-mail comments received may be appropriate and least intrusive concerning the use of irradiation as a inspected at USDA, room 1141, South technology to provide quarantine treatment for plant pests of quarantine Building, 14th Street and Independence security, and the need for alternative significance. Avenue SW., Washington, DC, between treatments and pest mitigation systems In preparing this document, we have 8 a.m. and 4:30 p.m., Monday through is greater than ever. Global trade reviewed and evaluated pertinent and Friday, except holidays. Persons pressures and the possible loss of contemporary information concerning wishing to inspect comments are methyl bromide as a fumigant for irradiation as a phytosanitary treatment requested to call ahead on (202) 690– regulatory pest treatments make it or potential treatment. We have 2817 to facilitate entry into the imperative that practical treatment examined this information against the comment reading room. options be explored. At the same time, irradiation background of regulatory and FOR FURTHER INFORMATION CONTACT: Mr. treatment has matured significantly. operational parameters associated with Robert Griffin, Senior Plant Pathologist, Technological advances, greater APHIS, Plant Protection and USDA, APHIS, PPD, 4700 River Road experience, and an increasingly larger Quarantine’s (PPQ’s) mission and Unit 117, Riverdale, MD 20737–1228; body of research indicate that authority. The objective of this effort has (301) 734–3576; e-mail irradiation has important potential as a been to generate a reference document [email protected]. treatment for quarantine pest problems. that describes policies, procedures, and SUPPLEMENTARY INFORMATION: It is in this light that PPQ now seeks regulations specifically related to Development of Policy Statement to expand the regulatory framework irradiation as a phytosanitary treatment. addressing irradiation treatment and This document is designed for review The first draft of these positions and develop comprehensive policy and comment. policies was introduced in October 1994 statements that will facilitate the ADDRESSES: There are several ways to during the annual meeting of the North development and formalization of new comment on this document. Because we American Plant Protection Organization treatments for phytosanitary hope to develop a dialogue among (NAPPO). Subsequent review has applications. This policy statement persons interested in contributing to the included NAPPO participants and a provides a sketch from which final improvement of these policies, the broadening circle of individual experts, policies can be codified after broad preferred method of commenting is to organizations, and agencies interested review and input. subscribe to an e-mail mailing list we in, involved in, or impacted by are establishing for the discussion of the irradiation as a phytosanitary treatment. Position Summary policy issues. After you subscribe, on an Numerous modifications have been The regulations at 7 CFR 318.13–4f ongoing basis you will receive e-mail made as additional information has provide administrative instructions for copies of all comments submitted to the been collected and reviewed. This an irradiation treatment as a condition mailing list. Those wishing to subscribe document is not final or authoritative, for the certification of fresh papayas 24434 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations moving to the mainland States from efficacy required for a defined level of absorbed dose (Dmin) required to assure Hawaii. These were the first regulations quarantine security. quarantine security is fully attained authorizing the use of irradiation as a 9. To the extent possible, PPQ will throughout the commodity. The quarantine treatment, and the ensure consistent requirements for both schedule process for Dmin must account regulations set a number of policy import and export authorizations, and for uncertainty associated with the precedents. The regulations included align domestic requirements with dosimetry system employed. the following five basic principles or foreign requirements as fairly as 17. Definition of the lower dose limit policies for irradiation: possible. is essential to the approval of irradiation 1. Requirement that irradiation 10. Specific authorizations for the use treatments for quarantine purposes. facilities meet certain APHIS standards; of irradiation as a phytosanitary Definition of the upper dose limit is not 2. Monitoring based on inspection of treatment will initially be provided by critical to determining quarantine treatment records and unannounced PPQ on a case by case basis following security, but is important from a quality visits; a pest risk analysis, the evaluation of standpoint and to identify potential 3. Policy that the Department is not efficacy data, and the approval of problems with the FDA limit for the responsible for damage resulting from operational protocols. maximum dose for food (currently 1 intolerance to the prescribed dose; 11. Irradiation may be used as a single kilogray - see 21 CFR 179.26). PPQ will 4. Reliance on the authority and treatment achieving quarantine security, not be concerned with defining the regulations of the United States Nuclear or as part of a multiple treatment, or as upper dose limit except to the extent Regulatory Commission to ensure U.S. a component in a pest mitigation system that it is necessary to determine the facilities are constructed and operated (systems approach). feasibility of a particular treatment. in a safe manner; and 12. Measures aimed at reducing pest 18. Treatments must be proven with 5. Reliance on the authority and presence prior to treatment are adequate dosimetry in accordance with regulations of the United States Food encouraged but will not be required for relevant internationally accepted and Drug Administration (FDA) to treatments achieving quarantine standards, such as those published by ensure irradiated foods are wholesome security. However, a very low initial the American Society for Testing and for human consumption. infestation rate is important for Materials (ASTM) or similar The precedents described above enhancing the acceptance and use of organizations. The dosimetry systems remain valid to the extent that the same irradiation as a treatment and for must be completely described, would apply to any new regulations alleviating regulatory concerns arising including records related to identifying developed by PPQ for the authorization from the detection of living pests in the specific suppliers, batches, processing of other treatments. However, additional irradiated product. dates, locations, and procedures as well clarity and completeness are necessary 13. In those instances where pest as the means of calibration (reference to address the range of commodity, pest, organisms survive treatment, it is dosimetry) used. treatment, and operational issues essential for quarantine purposes that 19. PPQ will confer with the potentially involved with the approval the organism is unable to reproduce, Agricultural Research Service (ARS), of irradiation treatments for and it is desirable for the organism to be United States Department of Agriculture phytosanitary problems. In addition, unable to emerge from the commodity (USDA) concerning the adequacy of new information needs to be considered unless it can be easily distinguished treatment data, research protocols, and in adjusting existing policies, and from a non-irradiated pest of the same treatment design. ARS will identify or program designs must be adapted to species. concur with the minimum dose for address the unique situations created by 14. Live stages of pest organisms, or efficacy at the level defined by PPQ as authorizing treatments conducted their signs or symptoms, found in a providing quarantine security for a pest outside the United States. Therefore, in commodity following a PPQ prescribed or complex of pests. Other experts may addition to the five policy precedents and approved irradiation treatment will also be asked to provide input. established by the existing regulations, be presumed by PPQ to have been 20. Dosages may be generic relative to APHIS has identified 28 additional effectively treated unless evidence a pest group or to a commodity. policies, for a total of 33 policies exists to indicate that the integrity of the 21. PPQ may prescribe treatments relevant to irradiation. treatment was inadequate. PPQ may with doses higher than what is The following are summary perform or require laboratory or other indicated as effective by available data. statements of the 28 additional policies analyses on surviving pest organisms, or This will be done to expedite the and positions: employ any available technology to incorporation of new treatments while 6. PPQ does not endorse the position verify efficacy. Authorizations may be providing a measure of safety when PPQ that irradiation treatment should be the suspended or modified and the and ARS judge the data to be only replacement for methyl bromide. requirements for system integrity may inconclusive to the extent necessary for PPQ believes that there is adequate be adjusted based upon the results of approving a less rigorous treatment. All scientific evidence to show that such studies. treatments will be subject to amendment irradiation provides an alternative 15. Ionizing energy (radiation) may be as new information is evaluated. PPQ treatment to be explored and developed, provided by radionuclides (gamma rays expects that modifications to an existing and PPQ recognizes that irradiation has from cobalt-60 or cesium-137), electrons treatment will be more easily and potentially broad applications in the generated from machine sources, or by quickly accomplished than approval of treatment of quarantine plant pests. x-rays. PPQ is not concerned with a new treatment. 7. The highest priority for treatment specifically describing the requirements 22. An irradiation program protocol, approval is generally given to treatments for equipment except to the extent that describing the details of a program deemed by PPQ to have the greatest equipment used for plant quarantine surrounding a specific commodity potential immediate need, use, and treatments is capable of irradiating treatment and facility processes (import benefit. commodities to the specifications or export, domestic or foreign), will be 8. Treatment schedules approved by required for approved treatments. developed prior to the approval of a PPQ must have been demonstrated 16. Irradiation treatment must be new facility or a new commodity for an experimentally to achieve the level of carried out to ensure that the minimum existing facility. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24435

23. Treatment facilities must be certification of treatments, and PPQ processes, and dosimetry for any licensed by relevant national approval of a program protocol for specific treatment facility must be authorities. When not conflicting with system integrity. PPQ will directly and approved and monitored by PPQ to national authority, compliance with the routinely verify the adequacy of ensure that commercial treatments criteria of the International Inventory of treatment facilities. PPQ presence may comply with the parameters for Authorized Food Irradiation Facilities, also be necessary for the monitoring of approved treatments. established by the International related program activities and system Judging the feasibility of treatments Consultative Group on Food Irradiation integrity. for commercial applications is outside (ICGFI), is also recommended for 30. Requirements for program the scope of PPQ’s authority and facilities treating food items. protocols and system integrity will be responsibility. Likewise, concerns 24. Treatment facilities will be subject harmonized with FDA, the USDA Food related to phytotoxicity and issues of to the prior approval of PPQ and will be Safety Inspection Service (FSIS), and quality are not the responsibility of subject to periodic unannounced other regulatory authorities to the extent PPQ. Therefore, primary responsibility monitoring. Recertification by PPQ will possible. falls upon the research and commercial be done on an annual basis or following 31. Phytosanitary certificates issued sectors to ensure that treatments repairs, modifications, or adjustments in in accordance with the International demonstrated to be efficacious against equipment affecting the delivery of Plant Protection Convention (IPPC) may pests of quarantine concern are also treatments. Source replenishment (in be used as official documentation practical for commercial use. the case of radionuclide facilities) will verifying the successful completion of a The efficacy of the treatment as require additional dose mapping. treatment. Certificates must specifically demonstrated against naked pests in 25. Dose mapping of the product in identify the treated lot and record the vitro is the primary criterion for every geometric packing configuration, prescribed minimum dose and the approval in most cases,2 but concurrent arrangement, and product density that verified minimum dose. The maximum phytotoxicity studies are important and will be used during routine treatments dose may also be required in order to appropriate in order to determine the will be required prior to PPQ approval comply with FDA requirements for commercial feasibility of proposed of a facility. Dose mapping must be some commodities. treatments even though data of this performed in accordance with relevant 32. PPQ is committed to harmonizing nature will not normally be required by internationally accepted standards such with other U.S. agencies, States, foreign PPQ to demonstrate efficacy. as those published by ASTM or similar counterparts, and regulatory bodies General Research Protocol organizations. involved with the development, 26. The irradiation treatment can be approval, and application of irradiation If Unknown, Determine the Pest or Pests applied as an integral part of packing treatments for phytosanitary problems. That Are of Quarantine Significance operations, or it may be done at a PPQ will make every attempt to avoid and Would be Expected to be Found on central location such as the port of overlap, conflict, and ambiguity or Within the Commodity at the Time of embarkation after packing or packaging. associated with the relationship of PPQ Export Treatment may also be performed at the regulations to those of other authorities. Submit this information to PPQ for port of arrival or a designated location 33. PPQ is committed to increasing its concurrence. PPQ will assess the risks in the destination country when own depth of understanding concerning associated with any quarantine safeguards are deemed by PPQ to be irradiation as a treatment for significant pest or pests. Irradiation may adequate and operationally feasible. phytosanitary problems and expanding serve as the means of mitigating the 27. The irradiation treatment may be its expertise for the approval of risks identified in the risk analysis applied to bulk or continuous treatments and the certification of process. unpackaged commodities, or the facilities. commodities may be packaged at the Determine the Most Tolerant Life-stage time of treatment. If unpackaged or Research Protocols of the Pest(s) of Concern That Would be 1 Encountered at the Time of Treatment exposed in packaging, commodities General PPQ Requirements for the will require safeguarding immediately Acceptance of Irradiation as a If not documented in the literature, following treatment to ensure that they Quarantine Treatment this must be determined through do not become reinfested or research. Research to determine the contaminated after treatment. Irradiation as a single treatment, part most tolerant life-stage may be done 28. Treated and untreated of a multiple treatment, or combined with naked organisms outside the commodities must be adequately with other pest mitigation measures as commodity. Submit this information to segregated and handled under a component of a systems approach, PPQ for concurrence. conditions that will safeguard against must have a scientifically demonstrated cross-infestation or mistaken identity. level of efficacy. The research necessary Determine the Minimum Absorbed Appropriate procedures specific to each to demonstrate efficacy for PPQ begins Dosage (Dmin) and the Type of facility and commodity treatment with laboratory scale tests designed to Radiation Required to Maintain program must be approved by PPQ in provide results that can be analyzed Quarantine Security advance. statistically to hypothesize the Experimental design must utilize 29. Direct PPQ supervision of parameters necessary to attain a defined sampling methods and sample sizes treatment programs may not be level of quarantine security. appropriate for statistical tests to be necessary for programs deemed by PPQ Unlike most other PPQ treatment used. In some instances, efficacy may be to provide adequate system integrity. approvals, irradiation treatments may Minimum criteria include PPQ approval not always require a second level of 2 The FDA establishes the maximum absorbed of the treatment facility, National Plant confirmatory testing to demonstrate that ionizing radiation dose for food (currently the treatment is efficacious under the established at 1 kilogray for the disinfestation of Protection Organization (NPPO) food for arthropods—21 CFR 179.26). Irradiation conditions associated with the treatments designed for the treatment of other than 1 Note: Packaging materials may require FDA commercial treatment of the arthropods in food must receive FDA approval as approval. commodity. However, the equipment, well. 24436 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations inferred from the literature for related level, depending on the pest. Large scale means of moving the commodity from species and commodities when or commercial confirmatory testing may receiving areas to treatment areas in a complete laboratory investigations are be waived if satisfactory evidence can timely fashion and without mistaken not possible.3 The means of calibration be presented showing that conditions in identity or risk of cross-contamination is (reference dosimetry) must be described small scale testing are representative of essential. in detail and should be developed in commercial practices. Packaging prior to irradiation is accordance with relevant accepted desirable to prevent reinfestation if Specific Research Protocol: Quarantine standards, such as those published by irradiation is done at the export source, Significant Systemic Organisms ASTM or similar organizations. Submit and to prevent the accidental escape of the proposed experimental design to Quarantine security for a single target pests at the destination if the PPQ for concurrence. treatment protocol will be defined as treatment is applied at the destination. achieving 99.9968 percent sterility or Confirm That the Proposed Irradiation mortality 4 at the 95 percent confidence B. Treatment Conditions Dosage Will Provide Quarantine level, depending on the pest. Efficacy Security by Testing Large Numbers of An accurate measure of absorbed dose must be demonstrated with lab scale Organisms is critical to determining and testing of organisms in host material. monitoring adequacy. The required Submit the proposed experimental number and frequency of these design to PPQ for concurrence. Analyze System Integrity (Quality Assurance/ Quality Control) measurements will be prescribed by data statistically. PPQ based on the specific equipment, Analyze data statistically Post-treatment safeguard methods are processes, configurations, and critical for irradiation treatments, as commodities. Submit the proposed statistical they are for many other commodity methodology to PPQ for concurrence. Approved, standardized dosimetry treatments, because the pest may must demonstrate that the absorbed Describe Specific Conditions Necessary continue to live and develop following dose range, including areas of the for Commercial Application of the treatment. As a result, confidence in the minimum and maximum dose is well Proposed Treatment Methodology. adequacy of irradiation treatment rests mapped, controlled, and recorded for Specify Maximum and Minimum with the assurance that the treatment: specific pests, commodities, and Absorbed Dose (a) Is efficacious against the pest equipment. under specific conditions, and Dosimetry must consider variations Submit proposed treatment regime (b) Has been properly conducted and due to density and composition of the and conditions necessary for the commodity safeguarded. material treated, variations in shape and commercial-scale treatment to PPQ for To ensure condition (a) is met, strict size, variations in orientation of the review. This does not mean that research protocols and dosimetry product, stacking, volume, and commercial-scale testing is necessary, requirements prevent lack of efficacy packaging. only that the conditions for commercial- that would lead to treatment failure. scale treatments be described to PPQ Condition (b) is assured by well Absorbed dose must be measured prior to building a facility or configuring designed and closely monitored systems using calibrated dosimeters approved in existing facilities for quarantine for treatment delivery and safeguards advance by PPQ. Dosimeters must be treatments. This provides PPQ the that assure system integrity. calibrated to a recognized national or opportunity to address components of This section addresses the policies international standard. design, monitoring, safeguarding, and being considered by PPQ for ensuring The number of dosimeters used shall commodity handling that will be system integrity in the application of be in accordance with relevant essential for the ultimate approval of a irradiation to phytosanitary problems. internationally accepted standards, such specific facility. The focus of these policies is the as those published by ASTM. achievement of quarantine security. Complete dosimetry records must be Specific Research Protocol: Quarantine kept by the treatment facility for at least Significant Fruit Flies Product quality is a commercial responsibility that must also be 1 year after treatment. These records Quarantine security for a single considered. must be available to PPQ for review at treatment protocol will be defined as the any time. prevention of adult emergence at the A. Pretreatment Conditions Facilities and control procedures 99.9968 percent level with 95 percent Packers and treatment facility must have approval and licensing in confidence as demonstrated by a valid operators must keep complete records conformance with local, national, and, statistical method. concerning sources (growers) supplying where applicable, international Specific Research Protocol: Quarantine commodities for treatment. These regulatory bodies having authority over Significant External Feeders, records must be available for PPQ the particular situation or location. For Hitchhikers, and Surface Contaminants review in the event a trace-back is non-U.S. locations, PPQ must judge necessary. Trace-back capability is these to be adequate and equivalent to Quarantine security for a single important when pests other than the U.S. standards. treatment protocol will be defined as target pests have been detected. Facilities must be certified by PPQ for achieving 99.9968 percent sterility or Untreated commodities and other use initially and at least annually. An mortality at the 95 percent confidence agricultural products must be stored increase or decrease in radioisotope or separately from treated commodities major modification to equipment that 3 Quarantine security may be defined in terms of mortality or in terms of other criteria that would and appropriately marked. A fail-safe impacts the delivered dose must be ensure that survivors are not able to reproduce and reviewed by PPQ prior to recertification. are not confused with untreated pests encountered 4Note: In general, sterility is more acceptable for Approval will be based on a common inside and outside the commodity. In the case of organisms that remain in (or on) the host. set of criteria plus those specific to the fruit flies, PPQ has established the criterion as ‘‘the Demonstrating the efficacy of treating organisms for non-emergence of adults,’’ referring to interruption sterility may be difficult to accomplish without full site and commodity programs. of the developmental sequence leading to an adult information on the factors favoring successful Significant variance in dose delivery that can emerge from the commodity. reproduction. (based on PPQ monitoring of dosimetry Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24437 records) may provide the basis for essential to ensuring that the —Information concerning the condition requiring recertification. development and implementation of or viability of test organisms and Products not treated according to new treatments is not unduly stifled by survivors required schedules must be removed regulatory requirements nor too liberal —Information concerning the condition and discarded or otherwise eliminated as to allow failures. of the commodity before and after from shipments for export. Retreatment PPQ assumes that many additional treatment is not allowed unless it can be requests for treatment approvals will be —Appropriate number of replications demonstrated that there is a high degree specific for pest-commodity-origin —Appropriate methods of statistical of confidence that retreatment will not combinations and will include unique analysis result in misidentification or cross- provisions for particular program —Criteria for combining data for contamination, or conflict with other parameters. Single pest treatments as restrictions. different organisms or species well as broader targets, such as entire —Criteria for the substitution of C. Post-treatment Conditions groups of pests, are likely to be organisms explored. A number of individual Treated commodities must be authorizations corresponding to items There is a need for additional research protected from reinfestation by pest- within regulated commodity groups on product tolerance, in order to: proof packaging or other safeguards if (such as fruits and vegetables or logs treated outside the U.S. —Establish tolerance ranges for more Packages must be marked and labeled and lumber) will be necessary. There is commodities with treatment lot numbers and other also the potential for broad spectrum —Characterize treatment variables that identifying features allowing the uses resulting in authorizations that affect phytotoxicity cross the lines of existing regulated identification of treatment lots and There is a need for additional research commodity groups. There is a need to trace-back (packing and treatment on the efficacy of irradiation for other provide general statements of policy and facility identification and locations, pests and diseases, including: dates of packing and treatment). background requirements that pertain to all irradiation treatments. Any —Data supporting generic doses for D. Documentation and Monitoring requirements concerning irradiation that commodity and pest groups A phytosanitary certificate will be APHIS develops will be promulgated —Treatments for other arthropods, accepted as certification of treatment. through rulemaking published in the diseases, nematodes, noxious weeds Minimum information to provide Federal Register. —Coordination with other quarantine includes identification of the shipment The following is offered as a and food safety concerns, i.e., animal by treatment lot and certification of the regulatory framework and policy products target minimum dose and the verified communication strategy for irradiation Research is needed to develop minimum absorbed dose. treatment: methods to verify the adequacy of The treatment operator must have • Use draft position documents to treatments, particularly a means for reliable and probative evidence of solicit input in the development of verifying that a live pest that has correct treatment for each lot certified. policies and the collection of pertinent survived treatment has been adequately Regulatory Framework information. irradiated. This also requires • Use Federal Register publication development of dosimeters appropriate Existing Regulations and other methods to widely circulate to the relatively low levels of irradiation Few PPQ treatments are specifically policy statements. used for quarantine treatments. described within the Code of Federal • Use notice and comment Research is needed to determine the Regulations (CFR). Most approved rulemaking to propose and ultimately conditions under which in vitro efficacy treatments are included in the PPQ codify new treatments approved by data can be considered acceptable in Treatment Manual, which is PPQ. lieu of in vivo or in situ data. incorporated into the CFR by reference. • Commodity specific treatments may There is a need to increase the An irradiation treatment for papayas be incorporated through additions to the number of facilities available for from Hawaii is the only irradiation regulations specific to the commodity treatment research. treatment currently approved by PPQ. group (i.e., fruits and vegetables). A coordinated system is needed for This authorization is specific for a • Treatments with broader storing and accessing data associated commodity, origin, and program but is applications (either crossing the lines of with irradiation treatments for designed for a complex of fruit flies regulated groups, or having broad quarantine purposes. rather than a single pest. The spectrum pest effectiveness) may be There is a need for integration and authorization has proven useful from incorporated into the CFR without being coordination with food safety and other the standpoint of beginning to establish associated with an existing regulated authorities involved in regulatory policies for irradiation as a group. aspects of applying irradiation to phytosanitary treatment in the United agricultural commodities. States. Needs and Unresolved Issues There is a need to identify critical Proposed Processes and Structure for There is a need to develop standards control points for purposes of avoiding New Regulations for conducting and reporting the hazards (process failures) associated The degree of sophisticated work and findings of irradiation efficacy research with treatment. testing needed to develop and prove an for quarantine decision making, There is a need to determine the load irradiation treatment program make it including: required to have statistically meaningful essential that the criteria for approval be —Confirmatory testing requirements results. clearly understood in advance. A with sufficient numbers to Finally, there is a need to develop specific and comprehensive statement demonstrate quarantine security estimates of the influence of climate or of policies combined with a pre-defined —Standardized dosimetry and details other environmental effects on the pest’s strategy for regulatory incorporation are concerning the methods used susceptibility to irradiation treatment. 24438 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

Current Initiatives irradiation treatments for fruit flies in could be recommended. An evaluation fresh fruits and vegetables has been of the results by ARS and PPQ provided 1. Generic Doses for Fruit Flies conducted by ARS with the goal of the basis for the commodity-generic An exhaustive review of the scientific determining whether generic dosages dosages listed below. literature concerning the efficacy of

Min. ab- Tephritid species Common name sorbed dose (Gy)

Bactrocera dorsalis 5 ...... Oriental fruit fly ...... 250 Ceratitis capitata ...... Mediterranean fruit fly ...... 225 Bactrocera cucurbitae ...... Melon fly ...... 210 Anastrepha suspensa ...... Caribbean fruit fly ...... 150 Anastrepha ludens ...... Mexican fruit fly ...... 150 Anastrepha obliqua ...... West Indian fruit fly ...... 150 Anastrepha serpentina ...... Sapote fruit fly ...... 150 Bactrocera tryoni ...... Queensland fruit fly ...... 150 Bactrocera jarvisi ...... (No common name) ...... 150 5 Unless noted as Bactrocera dorsalis complex, B. dorsalis refers specifically to the species as described by R.A.I. Drew and D.L. Hancock (1994) ``The Bactrocera dorsalis complex of fruit flies (Diptera: Tephritidae: Dacinae) in Asia.'' Bulletin of Entomological Research: Supplemental Series Number 2 in Supplement 2. CAB International, pp 68.

These dosages are generic in the sense 3. Universal Treatment for Logs, Lumber for absorbed-dose rate is gray per second that the prescribed dose is deemed and Unmanufactured Wood Products (Gy/s) appropriate regardless of the Interest is high in exploring the Dmax commodity. In cases where more than potential to use irradiation as a means The maximum absorbed dose within one of the listed species is of concern, to address phytosanitary problems in the prescribed dose would be the dose raw wood products. Logs from Russia the process load. for the most tolerant species. All doses are the primary commercial focus at this Dmin are subject to adjustment based on the time. The minimum absorbed dose within scientific evidence supporting a Russian researchers have conducted the process load. different dose. research and provided data in support of adopting a generic dose for treating Dose Uniformity Ratio 2. Modification of 7 CFR 318.13–4f raw logs. PPQ has formed a science (Papaya From Hawaii) Ratio of the maximum to the panel consisting of scientists from minimum absorbed dose within the The regulations at 7 CFR 318.13–4f APHIS, ARS, and the Forest Service to process load. The concept is also have not been used for routine establish a research protocol, review referred to as the max/min dose ratio. data, and oversee the research effort commercial shipments due to the lack of U=Dmax/Dmin a treatment facility in Hawaii. Recently toward a generic dose providing probit however, PPQ has been approached 9 mortality for all organisms of concern Dosimeter concerning the potential for modifying in logs from Russia. If approved, the A device that, when irradiated, the existing regulations to allow for treatment will be included among the exhibits a quantifiable change in some shipping to northern areas of the universal treatment options in 7 CFR property of the device which can be mainland U.S. for treatment, and to 319.40. related to absorbed dose in a given include tropical fruits such as lychee, Definitions material using appropriate analytical rambutan, carambola, and cherimoya instrumentation and techniques. under a modification of the existing Absorbed Dose authorization for papaya. Quantity of radiation energy imparted Dosimetry System Pest risk analyses have been done or per unit of mass of a specified material A system used for determining are underway to determine if quarantine (D=de/dm). The mathematical absorbed dose, consisting of dosimeters, significant pests other than fruit flies are relationship is the quotient of de by dm, measurement instruments and their associated with other tropical fruits of where de is the mean energy imparted associated reference standards, and interest. At the same time, PPQ has by ionizing radiation to matter of mass procedures for the system’s use. authorized a few experimental dm. The unit of absorbed dose is the Efficacy (Treatment) shipments from Hawaii to Chicago for gray (Gy) where 1 gray is equivalent to Capability of a treatment to produce a treatment at the dose prescribed in the the absorption of 1 joule per kilogram defined, measurable, and reproducible existing regulations. (=100 rad). effect on pests. Test shipments were authorized Absorbed-Dose Mapping Fruit Flies under strict safeguards and supervision. Measurement of the absorbed-dose Each shipment was designed to provide distribution within a process load Quarantine significant species of PPQ with information and experience through the use of dosimeters placed at Tephritidae. required to determine whether suitable specified locations. Gray (Gy) program protocols could be developed and what conditions would be most Absorbed-Dose Rate Unit of absorbed dose where 1 Gy is appropriate. The results may provide The absorbed dose in a material per equivalent to the absorption of 1 joule sufficient basis for proposing incremental time interval, ie. the per kilogram. modifications to the existing regulation. quotient of dD by dt (D=dD/dt). The unit 1 Gy = 1 J/kg Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24439

Formerly, the special unit for Probit 9 (Mortality) FEDERAL RESERVE SYSTEM absorbed dose was the rad 1 rad = .01 J/kg = .01 GyIonizing radiation. A statistical estimation of 99.99683 12 CFR Part 211 percent mortality in a population of live Any type of radiation consisting of organisms, corresponding to a survival [Regulation K; Docket No. R±0911] charged particles or uncharged particles, rate of 32 individuals per million. or both, that as a result of physical International Banking Operations interaction, creates ions by either Process Load AGENCY: Board of Governors of the primary or secondary processes. Federal Reserve System. Charged particles could be positive or A volume of material with a specified negative electrons, protons, or other loading configuration irradiated as a ACTION: Final rule. single entity. heavy ions, and uncharged particles SUMMARY: This final rule amends the could be X-rays, gamma rays, or Quarantine Security provisions of Regulation K regarding neutrons. (Note: positive electrons, interstate banking operations of foreign protons, heavy ions, or neutrons are not A management decision concerning banking organizations. The Riegle-Neal approved for food irradiation.) the safety of a defined level of pest risk. Interstate Banking and Branching Additional mitigation is not required Irradiation Efficiency Act of 1994 (Interstate Act) when quarantine security is achieved. removed geographic restrictions on The purposeful application of Rad (rad or Radiation Absorbed Dose) interstate banking by foreign banks ionizing radiation (gamma rays, x-rays, effective September 29, 1995, and or electrons) to a product (device or Special unit for absorbed dose that is requires certain foreign banks without material) to achieve a desired benefit. being superseded by the gray (Gy) U.S. deposit-taking offices to select a Gamma rays in commercial irradiation home state for the first time. The final 60 1 rad = 0.01 J/kg = 0.01 Gy come from radioactive cobalt-60 ( Co) rule requires these foreign banks to or cesium-137 (137Cs). X-rays 1 kilorad (krad) = 10 J/kg = 10 Gy select a home state by June 30, 1996, (technically referred to as 1 megarad (Mrad) = 1,000 J/kg = 1,000 and removes outdated restrictions on bremsstrahlung) are obtained using high Gy = 10 kGy certain mergers by U.S. bank energy electrons from an electron 1Gy = 100 rads subsidiaries of foreign banks outside the accelerator striking a target. Electrons home state of the foreign bank. Obsolete from an accelerator can also be used to 1 kilogray = 100,000 rads and superseded provisions of penetrate the product directly. Radiation-Sensitive Indicators Regulation K concerning home state Kilogray (kGy) selection also are deleted. Materials such as coated or EFFECTIVE DATE: May 9, 1996. Measure of absorbed dose. 1kGy = impregnated adhesive-backed FOR FURTHER INFORMATION CONTACT: Ann 1,000 Gy substrates, inks, or coatings that may be E. Misback, Managing Senior Counsel Label Dosimeter affixed to, or printed on the irradiation (202/452–3788), Douglas M. Ely, Senior container and that undergo a visual Attorney (202/452–5289), Andres L. A device that can be affixed to an change when exposed to ionizing Navarrete, Attorney (202/452–2300), article to be irradiated, and which radiation. These indicators, sometimes Legal Division; Michael G. Martinson, exhibits a quantifiable change in referred to as go/no-go indicators, are Assistant Director (202/452–3640), property which can be related to not dosimeters and are not a substitute Division of Banking Supervision and absorbed dose. This change in property for proper dosimetry. Regulation, Board of Governors of the can be measured in situ. (Note: as of Systems Approach Federal Reserve System. For users of 1994, no such devices that have the Telecommunication Device for the Deaf properties of a dosimeter are A combination of multiple safeguards, [TDD] only, please contact Dorothea commercially available for the levels treatments or other mitigation measures. Thompson (202/452–3544), Board of appropriate to quarantine treatments.) At least two mitigation measures must Governors of the Federal Reserve Measurement Traceability act independently to reduce risk. System, 20th and C Streets NW., Washington, D.C. 20551. Validation The ability to demonstrate and SUPPLEMENTARY INFORMATION: document on a continuing basis that the Establishing documented evidence The Interstate Act amended section 5 measurement results from a particular that provides a high degree of assurance of the International Banking Act of 1978 measurement system are in agreement that a specific process will consistently (IBA), which governs interstate banking with comparable measurement results produce a product (quarantine security) and branching operations of foreign obtained with a national standard (or meeting its predetermined banks. The Interstate Act also amended some identifiable and accepted specifications and quality the Bank Holding Company Act of 1956 standard) to a specified uncertainty. characteristics. (BHC Act), the Federal Deposit Insurance Act and several other statutes Pest (Plant) Authority: 7 U.S.C. 150dd, 150ee, 150ff, regarding interstate banking operations Any biotic agent capable of causing 151–167, 450, 2803, and 2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, 371.2(c). of bank holding companies, national damage to plants or plant products. banks and state banks. In order to Done in Washington, DC, this 8th day of implement certain of these changes, the Phytosanitary Treatment May 1996. final rule amends the provisions of Subjecting or exposing a plant or Terry L. Medley, Regulation K regarding interstate plant product to a process, action, Acting Administrator, Animal and Plant banking operations of foreign banking chemical or a physical influence proved Health Inspection Service. organizations (12 CFR 211.22). to have a measurable deleterious effect [FR Doc. 96–12185 Filed 5–14–96; 8:45 am] On December 26, 1995, the Board of on pest organisms. BILLING CODE 3410±34±P Governors of the Federal Reserve 24440 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

System (the Board) requested public select a home state fails to do so, the filing with the Board a declaration of comment on a proposed rule (the Board would exercise its authority to home state by June 30, 1996. In the Proposed Rule) that would require determine a foreign bank’s home state. absence of such selection, the Board foreign banks with only agencies and In such cases, the Board generally will shall designate the home state for such subsidiary commercial lending designate as a foreign bank’s home state foreign banks. companies in the United States to select the state in which the total assets of all (2) A foreign bank that, as of a home state, or have a home state its offices, net of claims on affiliates or September 29, 1994, had declared a designated by the Board. 60 FR 67100. other offices of the foreign bank, is the home state or had a home state The Proposed Rule also would remove largest, as reflected in the foreign bank’s determined pursuant to the law and a restriction on the ability of foreign most recent report of condition, unless regulations in effect prior to that date banks to effect major bank mergers other circumstances warrant designation shall have that state as its home state. through U.S. subsidiary banks located of a different home state. (3) A foreign bank that has any outside the foreign banks’ home states, branches, agencies, subsidiary and would delete certain outdated rules Paperwork Reduction Act commercial lending companies, or governing home state selection. In accordance with section 3506 of subsidiary banks in one state, and has The comment period ended on the Paperwork Reduction Act of 1995 no such offices or subsidiaries in any February 5, 1996. The Board received a (44 U.S.C. Ch. 35; 5 CFR 1320 Appendix other states, shall have as its home state single public comment on the Proposed A.1), the Board reviewed the rule under the state in which such offices or Rule from a trade association. The Board the authority delegated to the Board by subsidiaries are located. has considered the comment and has the Office of Management and Budget. * * * * * made changes to address it in the final No collections of information pursuant By order of the Board of Governors of the rule. Except as discussed below, the to the Paperwork Reduction Act are Federal Reserve System, May 9, 1996. Board’s final rule remains unchanged contained in the rule. William W. Wiles, from the Proposed Rule. In addition, the Secretary of the Board. Board requested and received comments Regulatory Flexibility Act Analysis [FR Doc. 96–12134 Filed 5–14–96; 8:45 am] on other aspects of the Interstate Act as Pursuant to section 605(b) of the it applies to foreign banks. The Board Regulatory Flexibility Act (Pub. L. 96– BILLING CODE 6210±01±P will consider these comments in 354, 5 U.S.C. 601 et seq.), the Board connection with future review of the certifies that the final rule would not provisions of Regulation K concerning have a significant economic impact on DEPARTMENT OF HEALTH AND the interstate operation of foreign banks. a substantial number of small entities HUMAN SERVICES The commenter generally supported that are subject to its regulation. the provisions of the Proposed Rule, Food and Drug Administration List of Subjects in 12 CFR Part 211 including its provisions requiring 21 CFR Parts 510, 522, and 556 certain foreign banks to select a home Exports, Federal Reserve System, state as contemplated by the Interstate Foreign banking, Holding companies, Animal Drugs, Feeds, and Related Act. The commenter suggested, Investments, Reporting and Products; Gentamicin Injection however, that the deadline for home recordkeeping requirements. state selection by these banks be 60 days For the reasons set out in the AGENCY: Food and Drug Administration, from the publication of the final rule, preamble, the Board amends 12 CFR HHS. rather than March 31, 1996, as proposed Part 211 as set forth below: ACTION: Final rule. in the Proposed Rule. The commenter SUMMARY: requested this extension in order to give PART 211ÐINTERNATIONAL The Food and Drug these banks adequate time to assess the BANKING OPERATIONS Administration (FDA) is amending the consequences of their decision. (REGULATION K) animal drug regulations to reflect the Although the Interstate Act removed following actions on two new animal the geographic restrictions of the IBA on 1. The authority citation for Part 211 drug applications (NADA’s) held by the interstate acquisition of banks by continues to read as follows: Schering-Plough Animal Health: The foreign banks, the home state of a Authority: 12 U.S.C. 221 et seq., 1818, combination of two NADA’s into one foreign bank continues to affect its 1841 et seq., 3101 et seq., 3901 et seq. and the withdrawal of the other, the codification of a supplemental NADA options for establishing additional 2. In § 211.22, paragraph (a) is revised; approved by letter, the approval of a branches in the United States under the paragraph (c) is removed; and paragraph supplemental NADA that provides for IBA. In particular, the location of a (d) is redesignated as paragraph (c) to the use of two higher product foreign bank’s home state is a factor read as follows: determining the ability of the foreign concentrations at the same dosage and bank to establish further interstate § 211.22 Interstate banking operations of for the same indications, and the branches pursuant to section 5 (a)(1) foreign banking organizations. addition of a tolerance for residues of and 5 (a)(2) of the IBA, as amended by (a) Determination of home state. (1) A gentamicin in chickens. the Interstate Act. 12 U.S.C. § 3103 foreign bank (except a foreign bank to The approved, combined, and (a)(1), (a)(2). which paragraph (a)(2) of this section supplemented NADA provides for use Accordingly, the final rule allows applies) that has any combination of of gentamicin sulfate injection for the additional time for home state selection domestic agencies or subsidiary prevention of early mortality of day-old by establishing June 30, 1996, as the commercial lending companies that chickens and 1- to 3-day-old turkeys deadline for such selection. This were established before September 29, due to certain infections susceptible to extension affords foreign banks affected 1994, in more than one state and have gentamicin. by the rule ample time in which to make been continuously operated shall select EFFECTIVE DATE: May 15, 1996 an informed home state selection. its home state from those states in FOR FURTHER INFORMATION CONTACT: The proposed rule provided that, in which such offices or subsidiaries are George K. Haibel, Center for Veterinary the event a foreign bank required to located. A foreign bank shall do so by Medicine (HFV–133), Food and Drug Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24441

Administration, 7500 Standish Pl., approval of this application may be seen milligrams-per-milliliter solution in Rockville, MD 20855, 301–594–1644. in the Dockets Management Branch swine as in paragraph (d)(4) of this SUPPLEMENTARY INFORMATION: Schering- (HFA–305), Food and Drug section, 50-milligrams-per-milliliter Plough Animal Health, Schering-Plough Administration, 12420 Parklawn Dr., solution in dogs and cats as in Corp., P.O. Box 529, Kenilworth, NJ rm. 1–23, Rockville, MD 20857, between paragraph (d)(1) of this section, 50- and 07033, has requested that NADA 47–486 9 a.m. and 4 p.m., Monday through 100-milligrams-per-milliliter solution in Garasol Injection (5 milligrams Friday. chickens and turkeys as in paragraphs gentamicin per milliliter (mg/mL) for The agency has determined under 21 (d)(2) and (d)(3) of this section. turkeys) be included in NADA 101–862 CFR 25.24(d)(1)(iii) that this action is of (2) [Reserved] Garasol Injection (50 and 100 mg/mL a type that does not individually or * * * * * for chickens). The NADA’s are cumulatively have a significant effect on (d) * * * combined as NADA 101–862. NADA the human environment. Therefore, (2) Turkeys—(i) Amount. One 47–486 is withdrawn. Schering-Plough neither an environmental assessment milligram of gentamicin per 0.2 also filed supplemental NADA 101–862 nor an environmental impact statement milliliter dose, using the 50- or 100- providing for the use of 50 and 100 mg/ is required. milligrams-per-milliliter product mL gentamicin sulfate injection for List of Subjects diluted with sterile saline to a turkeys at the same dosage and for the concentration of 5 milligrams-per- 21 CFR Part 510 same indications as currently approved. milliliter. The supplement is approved as of Administrative practice and * * * * * March 28, 1996. In addition, procedure, Animal drugs, Labeling, (3) Chickens—(i) Amount. 0.2 supplemental NADA 101–862 was Reporting and recordkeeping milligram of gentamicin per 0.2 approved on July 27, 1983, for the use requirements. milliliter dose, using the 50- or 100- of a 100 mg/mL injection in day-old 21 CFR Part 522 milligrams-per-milliliter product chickens. However, this approval was diluted with sterile saline to a not codified. At this time the regulation Animal drugs. concentration of 1.0 milligram-per- in § 522.1044 (21 CFR 522.1044) is 21 CFR Part 556 milliliter. amended to codify use of the 100 mg/ Animal drugs, Foods. * * * * * mL injection in day-old chickens. Therefore, under the Federal Food, Although the use was approved in Drug, and Cosmetic Act and under PART 556ÐTOLERANCES FOR chickens as well as turkeys, the authority delegated to the Commissioner RESIDUES OF NEW ANIMAL DRUGS regulations were not amended to of Food and Drugs and redelegated to IN FOOD provide for a tolerance for gentamicin the Center for Veterinary Medicine, 21 residues in chickens. The regulations in 5. The authority citation for 21 CFR CFR parts 510, 522, and 556 are part 556 continues to read as follows: 21 CFR 556.300 are amended to provide amended as follows: for tolerances for gentamicin residues in Authority: Secs. 402, 512, 701 of the chickens as well as turkeys. PART 510ÐNEW ANIMAL DRUGS Federal Food, Drug, and Cosmetic Act (21 The approved, combined, and U.S.C. 342, 360b, 371). 1. The authority citation for 21 CFR supplemented NADA 101-862 provides § 556.300 [Amended] for use of Garasol Injection (50 and part 510 continues to read as follows: 6. Section 556.300 Gentamicin sulfate 100 mg/mL gentamicin sulfate injection) Authority: Secs. 201, 301, 501, 502, 503, is amended in paragraph (a) by adding in day-old chickens for the prevention 512, 701, 721 of the Federal Food, Drug, and the phrase ‘‘chickens and’’ after ‘‘tissues of early mortality caused by Escherichia Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e). of’’. coli, Salmonella typhimurium, and Pseudomonas aeruginosa susceptible to Dated: April 26, 1996. § 510.600 [Amended] gentamicin, and for use of Garasol Robert C. Livingston, Injection (5, 50, and 100 mg/mL 2. Section 510.600 Names, addresses, Director, Office of New Animal Drug gentamicin sulfate injection) in 1- to 3- and drug labeler codes of sponsors of Evaluation, Center for Veterinary Medicine. approved applications is amended in day-old turkeys for the prevention of [FR Doc. 96–12154 Filed 5–14–96; 8:45 am] the table in paragraph (c)(1) by early mortality due to Arizona BILLING CODE 4160±01±F paracolon infections susceptible to removing the entry for ‘‘American gentamicin. Scientific Laboratories’’ and in the table In § 522.1044(d)(2)(i), the regulation is in paragraph (c)(2) by removing the 21 CFR Parts 520 and 556 entry for ‘‘000138’’. editorially amended to reflect the Animal Drugs, Feeds, and Related language used in § 522.1044(d)(3)(i). PART 522ÐIMPLANTATION OR Also, American Scientific Products; Liquid Sul-Q-Nox (Sodium INJECTABLE DOSAGE FORM NEW Sulfaquinoxaline Solution) Laboratories, A Division of Schering ANIMAL DRUGS Corp., has been incorporated into AGENCY: Food and Drug Administration, 3. The authority citation for 21 CFR Schering-Plough Animal Health, HHS. part 522 continues to read as follows: Schering-Plough Corp. Therefore, 21 ACTION: Final rule. CFR 510.600(c) is amended to remove Authority: Sec. 512 of the Federal Food, the entries for American Scientific Drug, and Cosmetic Act (21 U.S.C. 360b). SUMMARY: The Food and Drug Laboratories, drug label code 000138. 4. Section 522.1044 is amended by Administration (FDA) is amending the In accordance with the freedom of revising paragraphs (b), (d)(2)(i), and animal drug regulations to reflect information provisions of part 20 (21 (d)(3)(i) to read as follows: approval of a supplemental new animal CFR part 20) and § 514.11(e)(2)(ii) (21 drug application (NADA) filed by I. D. CFR 514.11(e)(2)(ii)), a summary of § 522.1044 Gentamicin sulfate injection. Russell Co. Laboratories. The safety and effectiveness data and (b) Sponsors. (1) See No. 000061 in supplemental NADA provides for safe information submitted to support § 510.600(c) of this chapter for use of: 5- and effective use of a sodium 24442 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations sulfaquinoxaline solution in medicating pheasants, and other game birds and as residues in edible tissues of 0.1 ppm. the drinking water of chickens, turkeys, effective for the control of fowl typhoid Therefore, this tolerance is being calves, and cattle for either control or in chickens and turkeys. FDA concurred codified in new § 556.685. control and treatment of certain with the NAS/NRC findings. In accordance with the freedom of coccidial or bacterial diseases The NAS/NRC evaluation was information provisions of part 20 (21 susceptible to sulfaquinoxaline. The concerned only with the drugs’ CFR part 20) and § 514.11(e)(2)(ii) (21 approval reflects compliance with effectiveness and safety to the treated CFR 514.11(e)(2)(ii)), a summary of results of the National Academy of animal. It did not take into account the safety and effectiveness data and Sciences/ National Research Council safety for human food use of food information submitted to support (NAS/NRC), Drug Efficacy Study derived from drug-treated animals. approval of this application may be seen Group’s (DESI) evaluation of the drug’s Subsequently, in the Federal Register in the Dockets Management Branch effectiveness and FDA’s conclusions of January 28, 1983 (48 FR 3962 at (HFA–305), Food and Drug concerning that evaluation. FDA is also 3964), FDA established several sections Administration, 12420 Parklawn Dr., amending the regulations to codify a for sulfaquinoxaline-containing drugs, rm. 1–23, Rockville, MD 20857, between tolerance for sulfaquinoxaline residues including § 520.2325a (21 CFR 9 a.m. and 4 p.m., Monday through in edible tissues of chickens, turkeys, 520.2325a), which specify those Friday. calves, and cattle. conditions of use found to be effective Under section 512(c)(2)(F)(iii) of the EFFECTIVE DATE: May 15, 1996. by NAS/NRC and FDA. Federal Food, Drug, and Cosmetic Act I. D. Russell Co. Laboratories has FOR FURTHER INFORMATION CONTACT: (21 U.S.C. 360b(c)(2)(F)(iii)), this submitted information to comply with Dianne T. McRae, Center for Veterinary approval for food-producing animals the NAS/NRC and FDA findings and has does not qualify for marketing Medicine (HFV–102), Food and Drug revised its labeling to conform to the Administration, 7500 Standish Pl., exclusivity because the supplemental currently approved conditions of use in application does not contain reports of Rockville, MD 20855, 301–594–1623. § 520.2325a. On that basis, the subject SUPPLEMENTARY INFORMATION: I. D. new clinical or field investigations supplemental NADA was approved as of (other than bioequivalence or residue Russell Co. Laboratories, 1301 Iowa March 6, 1996, and § 520.2325a is now Ave., Longmont, CO 80501, is the studies) and new human food safety amended to reflect the approval. The studies (other than bioequivalence or sponsor of NADA 6–891 which provides basis for this approval is discussed in for the use of 34-percent Liquid Sul–Q– residue studies) essential to the the freedom of information summary. approval and conducted or sponsored Nox (sodium sulfaquinoxaline solution). Also, the section is amended to by the applicant. The drug product is used to medicate remove reserved paragraphs (a) and (b), The agency has carefully considered the drinking water of: (1) Chickens as an to add a ‘‘related tolerances’’ paragraph, the potential environmental effects of aid in the control of outbreaks of and to add a warning against use of this action. FDA has concluded that the coccidiosis caused by Eimeria tenella, E. sulfaquinoxaline-medicated drinking action will not have a significant impact necatrix, E. acervulina, E. maxima, and water in veal calves. The latter is part on the human environment, and that an E. brunetti; (2) turkeys as an aid in the of a general effort to distinguish environmental impact statement is not control of outbreaks of coccidiosis between ruminating and preruminating required. The agency’s finding of no caused by E. meleagrimitis and E. calves based on information indicating significant impact and the evidence adenoeides; (3) chickens and turkeys as that withdrawal periods established in supporting that finding, contained in an an aid in the control of acute fowl ruminating calves may not be adequate environmental assessment, may be seen cholera caused by Pasteurella multocida for preruminating calves. susceptible to sulfaquinoxaline and fowl Furthermore, the regulation contains in the Dockets Management Branch typhoid caused by Salmonella an outdated paragraph citing the NAS/ (address above) between 9 a.m. and 4 gallinarum susceptible to NRC status of these products. The p.m., Monday through Friday. sulfaquinoxaline; and (4) calves and Generic Animal Drug and Patent Term List of Subjects cattle for the control and treatment of Restoration Act of 1988 changed that outbreaks of coccidiosis caused by E. status. Therefore, the NAS/NRC 21 CFR Part 520 bovis or E. zurnii. The NADA was paragraph is removed at this time. Animal drugs. originally approved as safe on April 28, Finally, the animal drug regulations 21 CFR Part 556 1949. are amended because FDA has noted In the Federal Register of July 9, 1970 that a tolerance for sulfaquinoxaline Animal drugs, Foods. (35 FR 11069), FDA published the residues in edible tissues has not been Therefore, under the Federal Food, results of a NAS/NRC DESI evaluation codified. The tolerance for Drug, and Cosmetic Act and under of several sulfaquinoxaline-containing sulfaquinoxaline residues in all edible authority delegated to the Commissioner veterinary drug products. The list of tissues from chickens, turkeys, calves, of Food and Drugs and redelegated to drug products included solutions which and cattle is 0.1 part per million (ppm). the Center for Veterinary Medicine, 21 are similar to the subject solution. In When sulfaquinoxaline was approved, a CFR parts 520 and 556 are amended as that document, NAS/NRC evaluated the negligible tolerance of 0.1 ppm in all follows: products as ‘‘Probably effective as an aid edible tissues was applied to animal in prevention and control of outbreaks drug residues based on subchronic (90- PART 520ÐORAL DOSAGE FORM of coccidiosis in chickens, turkeys, day) toxicological studies. This NEW ANIMAL DRUGS pheasants (and other game birds), cattle, ‘‘negligible tolerance’’ concept is based 1. The authority citation for 21 CFR and sheep (provided the specie of on two precepts: (1) The residues are part 520 continues to read as follows: coccidia for the respective hosts are present at a level of insignificance and shown) * * *.’’ Additionally, although it (2) the safety of the residues is Authority: Sec. 512 of the Federal Food, was inadvertently omitted from that supported by limited toxicological data. Drug, and Cosmetic Act (21 U.S.C. 360b). document, NAS/NRC also evaluated The toxicological data available for 2. Section 520.2325a is amended by such products as effective for control of sulfaquinoxaline (90-day dog study) removing paragraph (d); by acute fowl cholera in chickens, turkeys, permit a tolerance for sulfaquinoxaline redesignating paragraphs (c), (e), and (f) Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24443 as paragraphs (a), (c), and (d), SUMMARY: The Food and Drug bioequivalence or residue studies) respectively; by revising newly Administration (FDA) is amending the essential to the approval and conducted redesignated paragraph (a); by amending animal drug regulations to reflect or sponsored by the applicant. newly redesignated paragraph (d) by approval of supplemental new animal Marketing exclusivity applies only to adding two new sentences after the fifth drug applications (NADA’s) filed by the new use of the product. sentence; and by adding a new Elanco Animal Health, Division of Eli Under section 512(c)(2)(F)(iii) of the paragraph (b) to read as follows: Lilly and Co., Moorman Manufacturing Federal Food, Drug, and Cosmetic Act Co., and Farmland Industries, Inc. (21 U.S.C. 360b(c)(2)(F)(iii)), approval of § 520.2325a Sulfaquinoxaline drinking Elanco’s supplemental NADA provides Moorman’s supplemental NADA 115– water. for use of monensin Type C medicated 581 and Farmland’s supplemental (a) Sponsor. See § 510.600(c) of this feeds fed to pasture cattle weighing less NADA 118–509 do not qualify for chapter for identification of the than 400 pounds (lb) for increased rate marketing exclusivity because the sponsors. of weight gain. Moorman’s and (1) No. 050749 for use of a 25-percent Farmland’s supplemental NADA’s supplements do not contain reports of soluble powder and a 20-percent provide for use of monensin blocks for new clinical or field investigations solution as provided for in paragraph (c) pasture cattle weighing less than 400 lb (other than bioequivalence or residue of this section. for increased rate of weight gain. studies) or new human food safety studies (other than bioequivalence or (2) No. 060594 for use of 3.44- and EFFECTIVE DATE: May 15, 1996. residue studies) essential to the 12.85-percent solutions as provided for FOR FURTHER INFORMATION CONTACT: Jack in paragraphs (c)(1), (c)(2), (c)(3), approval and conducted or sponsored Caldwell, Center for Veterinary by the applicant. (c)(4)(i), and (c)(4)(ii) of this section. Medicine (HFV–126), Food and Drug (3) No. 017144 for use of a 34-percent Administration, 7500 Standish Pl., In accordance with the freedom of solution as provided for in paragraphs Rockville, MD 20855, 301–594–1638. information provisions of part 20 (21 (c)(1), (c)(2), (c)(3), (c)(4)(i), and (c)(4)(ii) SUPPLEMENTARY INFORMATION: Elanco CFR part 20) and § 514.11(e)(2)(ii) (21 of this section. Animal Health, Division of Eli Lilly and CFR 514.11(e)(2)(ii)), a summary of (b) Related tolerances. See § 556.685 Co., Lilly Corporate Center, safety and effectiveness data and of this chapter. Indianapolis, IN 46285, filed information submitted to support * * * * * supplemental NADA 95–735, which approval of this application may be seen (d) Limitations. * * * A withdrawal provides for use of monensin Type A in the Dockets Management Branch period has not been established for medicated articles to make monensin (HFA–305), Food and Drug sulfaquinoxaline in preruminating Type C medicated feeds containing 25 Administration, 12420 Parklawn Dr., calves. Do not use in calves to be to 400 grams per ton monensin as rm. 1–23, Rockville, MD 20857, between processed for veal. * * * monensin sodium to be fed at 50 to 200 9 a.m. and 4 p.m., Monday through milligrams per head per day to pasture Friday. PART 556ÐTOLERANCES FOR cattle (slaughter, stocker, feeder, and RESIDUES OF NEW ANIMAL DRUGS The basis of approval of Moorman’s dairy and beef replacement heifers) IN FOOD and Farmland’s supplemental NADA’s weighing less than 400 lb for increased are by authorization to reference data 3. The authority citation for 21 CFR rate of weight gain. Moorman and information in Elanco’s part 556 continues to read as follows: Manufacturing Co., Quincy, IL 62301, supplemental NADA 95–735. Therefore, filed supplemental NADA 115–581, and Authority: Secs. 402, 512, 701 of the a freedom of information summary of Federal Food, Drug, and Cosmetic Act (21 Farmland Industries, Inc., Kansas City, the data and information required for U.S.C. 342, 360b, 371). MO 64116, filed supplemental NADA approval of these NADA’s is available 118–509, providing for free-choice under Elanco’s supplemental NADA 95– 4. New § 556.685 is added to subpart feeding of monensin blocks, all to 735. B read as follows: pasture cattle weighing less than 400 lb The agency has determined under 21 for increased rate of weight gain. § 556.685 Sulfaquinoxaline. CFR 25.24(d)(1)(i) that this action is of A tolerance of 0.1 part per million is The supplemental NADA’s provide a type that does not individually or established for negligible residues of for removal of the restriction concerning cumulatively have a significant effect on sulfaquinoxaline in the uncooked edible feeding of the products to animals the human environment. Therefore, tissues of chickens, turkeys, calves, and weighing less than 400 lb body weight neither an environmental assessment cattle. as currently approved. The nor an environmental impact statement supplemental NADA’s are approved as is required. Dated: April 15, 1996. of March 15, 1996, and the regulations Robert C. Livingston, are amended in 21 CFR 520.1448a(c) List of Subjects Director, Office of New Animal Drug and 558.355(f)(3)(iii) and (f)(3)(v) to Evaluation, Center for Veterinary Medicine. reflect the approvals. The basis for 21 CFR Part 520 [FR Doc. 96–11927 Filed 5–14–96; 8:45 am] approval is discussed in the freedom of Animal drugs. BILLING CODE 4160±01±F information summary for Elanco’s supplemental NADA 95–735. 21 CFR Part 558 Under section 512(c)(2)(F)(iii) of the 21 CFR Parts 520 and 558 Federal Food, Drug, and Cosmetic Act Animal drugs, Animal feeds. (21 U.S.C. 360b(c)(2)(F)(iii)), approval of Therefore, under the Federal Food, Animal Drugs, Feeds, and Related Elanco Animal Health’s supplemental Drug, and Cosmetic Act and under the Products; Monensin NADA 95–735 qualifies for 3 years of authority delegated to the Commissioner AGENCY: Food and Drug Administration, marketing exclusivity beginning March of Food and Drugs and redelegated to HHS. 15, 1996, because the supplement the Center for Veterinary Medicine, 21 contains reports of new clinical or field CFR parts 520 and 558 are amended as ACTION: Final rule. investigations (other than follows: 24444 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

PART 520ÐORAL DOSAGE FORM valuation dates in June 1996. The effect multiemployer plans that have NEW ANIMAL DRUGS of these amendments is to advise the undergone a mass withdrawal. This public of the adoption of these amendment adds to appendix B to parts 1. The authority citation for 21 CFR assumptions. 2619 and 2676 sets of interest rates and part 520 continues to read as follows: EFFECTIVE DATE: June 1, 1996. factors for valuing benefits in single- Authority: Sec. 512 of the Federal Food, FOR FURTHER INFORMATION CONTACT: employer plans that have termination Drug, and Cosmetic Act (21 U.S.C. 360b). Harold J. Ashner, Assistant General dates during June 1996 and Counsel, Office of the General Counsel, multiemployer plans that have § 520.1448a [Amended] Pension Benefit Guaranty Corporation, undergone mass withdrawal and have 2. Section 520.1448a Monensin blocks 1200 K Street, NW., Washington, DC valuation dates during June 1996. is amended in paragraph (c)(4)(iii) by 20005, 202–326–4024 (202–326–4179 For annuity benefits, the interest rates removing the phrase ‘‘weighing more for TTY and TDD). will be 6.20% for the first 20 years than 400 pounds’’. SUPPLEMENTARY INFORMATION: This rule following the valuation date and 4.75% adopts the June 1996 interest thereafter. For benefits to be paid as PART 558ÐNEW ANIMAL DRUGS FOR lump sums, the interest assumptions to USE IN ANIMAL FEEDS assumptions to be used under the Pension Benefit Guaranty Corporation’s be used by the PBGC will be 5.00% for 3. The authority citation for 21 CFR regulations on Valuation of Plan the period during which benefits are in part 558 continues to read as follows: Benefits in Single-Employer Plans (29 pay status, 4.25% during the seven-year CFR part 2619, the ‘‘single-employer period directly preceding the benefit’s Authority: Secs. 512, 701 of the Federal placement in pay status, and 4.0% Food, Drug, and Cosmetic Act (21 U.S.C. regulation’’) and Valuation of Plan 360b, 371). Benefits and Plan Assets Following during any other years preceding the Mass Withdrawal (29 CFR part 2676, the benefit’s placement in pay status. The § 558.355 [Amended] ‘‘multiemployer regulation’’). above annuity interest assumptions represent an increase (from those in 4. Section 558.355 Monensin is Part 2619 sets forth the methods for effect for May 1996) of .20 percent for amended in paragraph (f)(3)(iii)(b) and valuing plan benefits of terminating the first 20 years following the valuation (f)(3)(v)(b) by removing the phrase single-employer plans covered under date and are otherwise unchanged. The ‘‘weighing more than 400 pounds’’. title IV of the Employee Retirement Income Security Act of 1974, as lump sum interest assumptions are Dated: April 4, 1996. amended. Under ERISA section 4041(c), unchanged from those in effect for May Robert C. Livingston, all single-employer plans wishing to 1996. Director, Office of New Animal Drug terminate in a distress termination must Generally, the interest rates and Evaluation, Center for Veterinary Medicine. value guaranteed benefits and ‘‘benefit factors under these regulations are in [FR Doc. 96–12156 Filed 5–14–96; 8:45 am] liabilities,’’ i.e., all benefits provided effect for at least one month. However, BILLING CODE 4160±01±F under the plan as of the plan the PBGC publishes its interest termination date, using the formulas set assumptions each month regardless of forth in part 2619, subpart C. (Plans whether they represent a change from PENSION BENEFIT GUARANTY terminating in a standard termination the previous month’s assumptions. The CORPORATION may, for purposes of the Standard assumptions normally will be published Termination Notice filed with PBGC, in the Federal Register by the 15th of 29 CFR Parts 2619 and 2676 use these formulas to value benefit the preceding month or as close to that liabilities, although this is not required.) date as circumstances permit. Valuation of Plan Benefits in Single- In addition, when the PBGC terminates The PBGC has determined that notice Employer Plans; Valuation of Plan an underfunded plan involuntarily and public comment on these Benefits and Plan Assets Following pursuant to ERISA section 4042(a), it amendments are impracticable and Mass Withdrawal; Amendments uses the subpart C formulas to contrary to the public interest. This Adopting Additional PBGC Rates determine the amount of the plan’s finding is based on the need to AGENCY: Pension Benefit Guaranty underfunding. Part 2676 prescribes determine and issue new interest rates Corporation. rules for valuing benefits and certain and factors promptly so that the rates and factors can reflect, as accurately as ACTION: Final rule. assets of multiemployer plans under sections 4219(c)(1)(D) and 4281(b) of possible, current market conditions. SUMMARY: This final rule amends the ERISA. Because of the need to provide Pension Benefit Guaranty Corporation’s Appendix B to part 2619 sets forth the immediate guidance for the valuation of regulations on Valuation of Plan interest rates and factors under the benefits in single-employer plans whose Benefits in Single-Employer Plans and single-employer regulation. Appendix B termination dates fall during June 1996, Valuation of Plan Benefits and Plan to part 2676 sets forth the interest rates and in multiemployer plans that have Assets Following Mass Withdrawal. The and factors under the multiemployer undergone mass withdrawal and have former regulation contains the interest regulation. Because these rates and valuation dates during June 1996, the assumptions that the PBGC uses to factors are intended to reflect current PBGC finds that good cause exists for value benefits under terminating single- conditions in the financial and annuity making the rates and factors set forth in employer plans. The latter regulation markets, it is necessary to update the this amendment effective less than 30 contains the interest assumptions for rates and factors periodically. days after publication. valuations of multiemployer plans that The PBGC issues two sets of interest The PBGC has determined that this have undergone mass withdrawal. The rates and factors, one set to be used for action is not a ‘‘significant regulatory amendments set out in this final rule the valuation of benefits to be paid as action’’ under the criteria set forth in adopt the interest assumptions annuities and one set for the valuation Executive Order 12866. applicable to single-employer plans of benefits to be paid as lump sums. The Because no general notice of proposed with termination dates in June 1996, same assumptions apply to terminating rulemaking is required for this and to multiemployer plans with single-employer plans and to amendment, the Regulatory Flexibility Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24445

Act of 1980 does not apply. See 5 U.S.C. 2. In appendix B, Rate Set 32 is added (1) For benefits for which the participant 601(2). to Table I, and a new entry is added to or beneficiary is entitled to be in pay status Table II, as set forth below. The on the valuation date, the immediate annuity List of Subjects introductory text of both tables is rate shall apply. (2) For benefits for which the deferral 29 CFR Part 2619 republished for the convenience of the period is y years (y is an integer and 0n1+n2), interest rate i3 shall apply from the subpart to be paid as lump sums (including 1. The authority citation for part 2619 valuation date for a period of y¥n1¥n2 the return of accumulated employee years, interest rate i shall apply for the continues to read as follows: 2 contributions upon death), the PBGC shall following n2 years, interest rate i1 shall apply Authority: 29 U.S.C. 1301(a), 1302(b)(3), employ the values of it set out in Table I for the following n1 years; thereafter the 1341, 1344, 1362. hereof as follows: immediate annuity rate shall apply.

TABLE I [Lump sum valuations]

Rate For plans with a valuation date Immediate Deferred annuities (percent) set annuity rate On or after Before (percent) i1 i2 i3 n1 n2

******* 32 ..... 06±1±96 07±1±96 5.00 4.25 4.00 4.00 7 8

Annuity Valuations factor used in valuing benefits under this generally as it) assumed to be in effect In determining the value of interest factors subpart, the plan administrator shall use the between specified anniversaries of a values of i , prescribed in Table II hereof. valuation date that occurs within that of the form v0 : n (as defined in t The following table tabulates, for each calendar month; those anniversaries are § 2619.49(b)(1)) for purposes of applying the calendar month of valuation ending after the specified in the columns adjacent to the formulas set forth in § 2619.49 (b) through (i) effective date of this part, the interest rates rates. The last listed rate is assumed to be in and in determining the value of any interest (denoted by i1, i2, * * *, and referred to effect after the last listed anniversary date.

TABLE II [Annuity valuations]

For valuation The values of it are: dates occur- ring in the i for t= i for t= i for t= monthÐ t t t

******* June 1996 .... .0620 1±20 .0475 >20 N/A N/A

PART 2676Ð[AMENDED] Appendix B to Part 2676—Interest benefits payable as lump sum benefits as Rates Used to Value Lump Sums and follows: 3. The authority citation for part 2676 Annuities (1) For benefits for which the participant continues to read as follows: or beneficiary is entitled to be in pay status Lump Sum Valuations on the valuation date, the immediate annuity Authority: 29 U.S.C. 1302(b)(3), rate shall apply. 1399(c)(1)(D), 1441(b)(1). In determining the value of interest factors of the form v0 : n (as defined in (2) For benefits for which the deferral ≤ 4. In appendix B, Rate Set 32 is added § 2676.13(b)(1)) for purposes of applying the period is y years (y is an integer and 0

n1 years; thereafter the immediate annuity + n2), interest rate i3 shall apply from the for the following n1 years; thereafter the rate shall apply. valuation date for a period of y ¥ n1 ¥ n2 immediate annuity rate shall apply. (4) For benefits for which the deferral years, interest rate i2 shall apply for the period is y years (y is an integer and y > n1 following n2 years, interest rate i1 shall apply

TABLE I [Lump sum valuations]

Rate For plans with a valuation date Immediate annuity rate Deferred annuities (percent) set (percent) On or after Before i1 2i2 i3 n1 n2

******* 32 ..... 06±1±96 07±1±96 5.00 4.25 4.00 4.00 7 8

Annuity Valuations used in valuing annuity benefits under this generally as it) assumed to be in effect In determining the value of interest factors subpart, the plan administrator shall use the between specified anniversaries of a values of i prescribed in the table below. valuation date that occurs within that of the form v0:n (as defined in § 2676.13(b)(1)) t The following table tabulates, for each calendar month; those anniversaries are for purposes of applying the formulas set calendar month of valuation ending after the specified in the columns adjacent to the forth in § 2676.13 (b) through (i) and in effective date of this part, the interest rates rates. The last listed rate is assumed to be in determining the value of any interest factor (denoted by i1, i2, * * *, and referred to effect after the last listed anniversary date.

TABLE II [Annuity valuations]

For valuation The values of it are: dates occur- ring in the monthÐ it for t = it for t = it for t =

******* June 1996 .... .0620 1±20 .0475 >20 N/A N/A

Issued in Washington, DC, on this 9th day unless it displays a valid OMB control under the Paperwork Reduction Act of of May 1996. number. The Secretary takes this action 1995. OMB approved the information Martin Slate, to inform the public that these collection requirements in the Executive Director, Pension Benefit Guaranty requirements have been approved and regulations on November 24, 1995. The Corporation. affected parties must comply with them. information collection requirements in [FR Doc. 96–12125 Filed 5–14–96; 8:45 am] EFFECTIVE DATE: These regulations are these regulations will therefore become BILLING CODE 7708±01±P effective on July 1, 1996. effective with all of the other provisions of the regulations on July 1, 1996. FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Program Specialist, Waiver of Proposed Rulemaking DEPARTMENT OF EDUCATION Direct Loan Policy Group, Policy Development Division, U.S. Department It is the practice of the Secretary to 34 CFR Part 685 of Education, 600 Independence Avenue offer interested parties the opportunity RIN 1840±AC19 SW. (Room 3053, ROB–3), Washington, to comment on proposed regulations. D.C. 20202. Telephone (202) 708–9406. However, the publication of OMB William D. Ford Federal Direct Loan Individuals who use a control numbers is purely technical and Program telecommunications device for the deaf does not establish substantive policy. (TDD) may call the Federal Information Therefore, the Secretary has determined AGENCY: Department of Education. Relay Service (FIRS) at 1–800–877–8339 under 5 U.S.C. 553(b)(B), that public ACTION: Final regulations. between 8 a.m. and 8 p.m. Eastern time, comment on the regulations is unnecessary and contrary to the public SUMMARY: The Secretary amends the Monday through Friday. William D. Ford Federal Direct Loan SUPPLEMENTARY INFORMATION: Final interest. Program regulations to add the Office of regulations for the William D. Ford List of Subjects in 34 CFR Part 685 Management and Budget (OMB) control Federal Direct Loan Program were number to a section of the regulations. published in the Federal Register on Administrative practice and The section contains information December 1, 1995 (60 FR 61820). procedure, Colleges and universities, collection requirements approved by Compliance with information collection Education, Loan programs—education, OMB. Under the Paperwork Reduction requirements in a section of these Reporting and recordkeeping Act of 1995, no persons are required to regulations was delayed until those requirements, Student aid, Vocational respond to a collection of information requirements were approved by OMB education. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24447

Dated: May 8, 1996. SUPPLEMENTARY INFORMATION: On of the considerations bearing on the David A. Longanecker, October 27, 1995, the Commission Commission’s determination to adopt Assistant Secretary for Postsecondary published a notice of proposed new rules at this time in four areas, on Education. amendments to its rules of practice and a five-year trial basis. procedure designed to facilitate The Secretary amends Part 685 of I. Considerations Bearing on Adoption expedited consideration of Postal Title 34 of the Code of Federal of Proposed Rules Regulations as follows: Service requests to: (1) Conduct market tests of new postal services in order to In the Notice of Proposed Rulemaking PART 685ÐWILLIAM D. FORD develop information necessary to published on October 27, the FEDERAL DIRECT LOAN PROGRAM support a permanent mail classification Commission announced its change; (2) adopt, on a provisional determination to promulgate draft rules 1. The authority citation for Part 685 basis, mail classification and associated which would implement a majority, but continues to read as follows: rate changes that supplement, but do not all, of the seven procedural Authority: 20 U.S.C. 1087a et. seq, unless not alter, existing rates and mail initiatives contained in the Postal otherwise noted. classifications; and (3) adopt permanent Service’s Petition of April 13, 1995. 60 but narrowly focused mail classification FR 54981. The Commission found that § 685.209 [Amended] changes that supplement, but do not four of the initiatives offered the greatest 2. Section 685.209 is amended by alter, existing rates and mail promise for procedural improvement in revising the OMB control number classifications. The proposed the near term. Accordingly, the following the section to read as follows: amendments also include provisions Commission published draft rules of ‘‘(Approved by the Office of that would permit the Postal Service to procedure governing market tests, Management and Budget under control request the Commission’s use of a multi- limited-duration provisional service number 1840–0672).’’ year test period for the purpose of changes, minor classifications changes, and multi-year test periods for new [FR Doc. 96–11944 Filed 5–14–96; 8:45 am] demonstrating the financial viability of potential new services that are the services. With regard to the remaining BILLING CODE 4000±01±P subject of a concurrent Postal Service three Postal Service initiatives—rules request. 60 FR 54981–89 (October 27, for limited scope rate cases, rate bands 1995). The Commission’s proposed for competitive services, and Negotiated POSTAL RATE COMMISSION rules pursue specific recommendations Service Agreements—the Commission concluded that their consideration 39 CFR Part 3001 of the Joint Task Force on Postal Ratemaking,1 and are responsive to a should be deferred for various reasons, [Docket No. RM95±4; Order No. 1110] majority of the initiatives requested by but stated that each of the areas merits the Postal Service in a petition further study and deliberation in Rules of Practice and Procedure submitted to the Commission on April subsequent proceedings. Id. at 54981, 54985. AGENCY: Postal Rate Commission. 13, 1995. Id. at 54981. The Commission received 17 sets of ACTION: The Deferred Postal Service Proposals Final rule. comments in response to the Notice of 2 Several commenters ask the SUMMARY: October 27. The commenters present This final rule sets forth Commission to take up one or more of amendments to the Commission’s rules divergent views on both the substance of the Commission’s proposed rules and the three remaining initiatives, either in of practice and procedure that provide this proceeding or by initiating another for expedited consideration of requests the propriety of adopting them in the current proceeding. Additionally, rulemaking in the near future. Time of the United States Postal Service to: Warner urges the Commission to conduct market tests of new postal several commenters suggest that the Commission pursue other initiatives in reconsider the determination to defer services in order to develop information consideration of rules for establishing necessary to support a permanent mail this proceeding that were originally recommended by the Joint Task Force rate bands for competitive services and classification change; adopt, on a rules providing for contract rates; Parcel provisional basis, mail classification Report and proposed in the Postal Service’s petition. In view of these Shippers Association comments that and associated rate changes that adoption of procedures allowing rate supplement, but do not alter, existing diverse statements of position, it is appropriate to begin with a discussion bands and negotiated service contracts rates and mail classifications; and adopt is crucial to the competitive posture of permanent but narrowly focused mail 1 the Postal Service. Advertising Mail classification changes that supplement, See Postal Ratemaking in a Time of Change: A Report by the Joint Task Force on Postal Marketing Association, Dow Jones & but do not alter, existing rates and mail Ratemaking (June 1, 1992). Company, Magazine Publishers of classifications. In addition to these 2 The American Bankers Association, American Business Press, Advertising Mail Marketing America, and Mail Order Association of amendments, the final rule adopts America comment in favor of initiating provisions that allow the Postal Service Association, Direct Marketing Association, Inc., Dow Jones & Company, Inc., Federal Express a proceeding in the near future to to use a multi-year test period for the Corporation, McGraw-Hill Companies, Inc., Major consider one or more of the three purpose of demonstrating the financial Mailers Association, Mail Order Association of America, Magazine Publishers of America, deferred initiatives. The Postal Service viability of potential new services that states that it would have preferred that are the subject of a concurrent Postal Newspaper Association of America, National Newspaper Association, the Commission’s Office of all its proposals be addressed in this Service request. the Consumer Advocate, Parcel Shippers proceeding, but urges the Commission EFFECTIVE DATE: These rules are effective Association, Time Warner, Inc., United Parcel Service, and the United States Postal Service to issue a further rulemaking on the May 15, 1996 through May 15, 2001. submitted comments in response to the Notice. remaining initiatives now that Docket FOR FURTHER INFORMATION CONTACT: Some of these comments were not timely filed, No. MC95–1 has been concluded. Stephen L. Sharfman, Legal Advisor, primarily owing to extraordinarily adverse weather The Commission continues to believe conditions on the date they were due. In order to Postal Rate Commission, 1333 H Street avoid prejudice to any party who wished to that limited scope rate cases, rate bands, NW., Suite 300, Washington DC 20268– comment, the Commission has considered all and Negotiated Service Agreements 0001 (telephone: 202/789–6820). comments received. present issues that are qualitatively 24448 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations different from, and more difficult than, institutional costs of the Postal Service. Consumer Advocate also identifies due those in the four areas for which rules As a result, NAA argues, any financial process and evidentiary problems that have been proposed. For this reason losses stemming from ill-advised or could result from the abbreviated they will not be considered in the underpriced new services approved procedural schedules as its primary current proceeding. In addition to the under the proposed rules would concerns regarding the rules. OCA asks unresolved legal and other issues cited ultimately be shifted in large measure to the Commission to state explicitly that in the Notice of October 27, see 60 FR monopoly mailers, thereby creating a any new rules adopted in this 54985, consideration of rules in these cross-subsidy in contravention of the proceeding will not be used to shift the three areas would necessarily involve an intent of Congress. Unless and until burden of proof from the Postal Service exploration of technical and other Congress makes fundamental changes in or limit discovery. OCA Comments at 7– substantive issues. For example, the Reorganization Act that would grant 10. Similar concerns regarding development of a rule providing for rate the Commission power to police the rate particular proposed rules were voiced bands would require consideration of effects of Postal Service forays into by American Bankers Association, the technical resources available to competitive service—especially McGraw-Hill, Newspaper Association of support adoption of a range of rates for enhanced authority over the revenue America, and United Parcel Service. competitive mail categories and to gauge requirement—NAA states that the Procedural schedules of 90 or 120 the impact of their adoption, and proposed rules should not be adopted. days admittedly may impose some appropriate filing requirements to NAA’s comments raise legitimate extraordinary demands on participants, support such requests. With regard to concerns regarding the possible impact but they are by no means impossible to Negotiated Service Agreements, of non-compensatory services upon meet, as the prompt litigation and adoption of rules applicable to such other postal ratepayers, particularly deliberations in Docket No. MC96–1 special classifications would involve monopoly mailers. The Commission demonstrate. The Reorganization Act consideration of the objective criteria agrees that new services adopted to directs the Commission to consider rate that would be required of a mailer to meet competitive or other perceived and classification change requests qualify for reduced contract rates.3 The needs must be offered at compensatory ‘‘promptly,’’ and authorizes it to adopt Commission is prepared to take up the rates, and cannot be allowed to become rules ‘‘[i]n order to conduct its issues raised by limited scope rate cases, a revenue burden on other categories of proceedings with utmost expedition rate bands, and Negotiated Service mail. However, the possibility that the consistent with procedural fairness to Agreements in a forthcoming Commission’s proposed rules could the parties.’’ 39 U.S.C. § 3624(a), (b). rulemaking proceeding. become a vehicle for producing such The Commission has designed the rules results does not compel the conclusion The Commission’s Proposed Rules adopted in this proceeding with that they should not be adopted. Rather, features—such as registration and One commenter—the Newspaper it is a reason for fashioning and expedited notice provisions—to Association of America (NAA)— applying the rules in a manner that will increase the feasibility of the prescribed opposes adoption of most of the avoid this potential harm. Each of the decisional schedules. However, the Commission’s proposed amendments as proposed rules for introducing new Commission wishes to assure all parties unsound from a regulatory perspective. services includes provisions that will that it will not allow these rules to be NAA urges the Commission to abandon serve to limit the potential negative used to alter the normally applicable the proposed rules for market tests, financial impact of its application. standards of proof, curtail legitimate provisional services, and multi-year test Market tests will be limited in duration discovery and hearing practice, or periods because their adoption would and typically will occur in only a few otherwise deprive interested parties of violate the regulatory structure of the areas. Provisional services also will be their procedural rights. It should also be Postal Reorganization Act, unjustifiably limited in duration. Minor classification borne in mind that in any proceeding advancing competitive considerations at changes will be recommended only if conducted under the new rules, an the ultimate expense of captive their anticipated impact on overall affected participant may lodge a motion monopoly ratepayers. postal costs and revenues is minor. for extension of the procedural A particular problem raised by the Furthermore, in applying the rules the schedule, which the Commission will proposed rules, according to NAA, ‘‘is Commission will be bound, as always, grant if it finds that an extension is who bears any potential losses from by the requirement in § 3622(b)(3) to required to provide due process. market tests of new services, provisional recommend rates that recover estimated Additionally, in light of the various services, or from multi-year test costs and contribute to the institutional concerns expressed by commenters periods.’’ NAA Comments at 4–5. Were costs of the Postal Service. about the operation of the proposed National Newspaper Association the Postal Service a private regulated rules and their consequences, the (NNA) and other commenters raise a utility, NAA observes, the Service’s Commission is including a ‘‘sunset’’ different general concern regarding the losses would be disallowed from its rate provision in each of the four proposed rules: potential problems of base, or at least segregated from the components of the final rule, which will costs of monopoly services, and due process associated with the 90- to 120-day procedural schedules cause them to be reviewed or terminated ultimately absorbed by its shareholders. within a five-year period. In contrast, when the Service loses established in the rules. NNA comments money, that loss is cumulated in the that the speed made necessary by the II. Market Tests of Potential New Prior Years’ Losses component of the foreshortened decisional deadlines Services revenue requirement, and adds to the equates to advantage for the Postal Service as proponent, to exclusion of Applicability of Rule 3 By way of analogy, the Postal Service’s rules potential parties, to expense borne by Several parties filed comments applicable to International Customized Mail (ICM) parties who do participate, and to harm suggesting changes which would service impose two objective qualifications on of the Commission’s decisional process enlarge applicability of the potential international contract ratepayers: minimum-volume qualifying criteria, and a single- by limiting the time in which to develop Commission’s proposed market test point-of-origin criterion. International Mail Manual an evidentiary record. NNA Comments rule. Both the Postal Service and Time § 292; see 58 FR 29782. at 3–4. The Commission’s Office of the Warner express support for a rule that Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24449 would go beyond the Joint Task Force’s proposals prescribed in proposed designate those elements of its proposed recommendations by encompassing § 3001.162. The Postal Service market test which cannot be modified market tests of rate changes as well as commented generally that the proposed without negating its value, and adopting market tests of new services. Federal section requires the preparation and a decisional standard which would Express Corporation comments that the provision of too much information, and preclude the Commission only from rule should extend to tests of new more particularly that the required modifying those designated elements. international mail services, as well as estimate of the number of customers The Commission would thereby retain domestic services; the National who will participate in the market test the option of making necessary Newspaper Association suggests that could be difficult to produce. In modifications in less essential elements non-postal services contemplated by the contrast, other commenters—including of a proposed market test. Postal Service should also be included. American Bankers Association, Upon consideration, the Commission Finally, American Bankers Association Newspaper Association of America, and believes that the mechanism proposed suggests that a Postal Service request for National Newspaper Association— by Federal Express is preferable to a permanent change in mail suggested that the Postal Service should restricting the Commission’s decision to classification should not be a pre- be required to produce additional a blanket approval or rejection of a requisite for procedures that would information to support proposed market proposed market test. As noted in the authorize market tests of potential new tests. Notice of October 27, the Commission’s services. The Commission’s final rule preference and practice has been to cure The final rule adopted by the maintains the evidentiary requirements any identified inconsistencies with Commission preserves the terms of of the proposed rule, with minor statutory policies or factors by applicability recommended by the Joint alterations to accommodate the recommending modifications, if they are Task Force Report and incorporated in concerns of commenters. The feasible. 60 FR 54982. Yet, the the proposed market test rule. As the Commission continues to believe that Commission also noted, a Commission observed in the Notice of the general standard declared in recommendation to modify a market test October 27, tests of pure rate changes in proposed § 3001.162, namely, the in a manner that would depart the usual selective form of market provision of ‘‘such information and data significantly from postal management’s testing would necessarily raise . . . as are necessary and appropriate plan ‘‘could jeopardize the timeliness of questions of fairness and equity under fully to inform the Commission and the the test and seriously impair its 39 U.S.C. § 3622(b)(1) and of undue parties of the nature, scope, significance usefulness.’’ Ibid. Because the discrimination or preference among and impact of the proposed market mechanism proposed by Federal mail users under § 403(c). Comments test,’’ establishes the appropriate Express would better accommodate provided in response to the October 27 standard of evidentiary support. In these competing considerations, Notice do not provide persuasive response to the Postal Service’s § 3001.164 of the final rule provides for countervailing considerations that comments, § 3001.162(g) of the final issuance of a decision in accordance would justify inclusion of rate tests in rule requires the Service to provide an with the policies of the Reorganization the rule.4 Similarly, in the absence of estimate of the number of customers Act, but without ‘‘modification of any clear statutory bases for including who will participate in the test ‘‘to the feature of the proposed market test market tests of international postal extent that such an estimate is which the Postal Service has identified practicable.’’ Also, in order to services and non-postal services to— in accordance with § 3001.162(f)’’ as one implement Federal Express which types of service none of the that cannot be modified without Corporation’s proposal of a mechanism Commission’s current rules applies—the significantly impairing the value of the that would provide an alternative to Commission declines to extend the final test.5 rendering a ‘‘yes or no’’ decision on rule into these areas. The Commission proposed market tests, § 3001.162(f) of Data Collection and Reporting also declines to broaden the rule beyond the final rule adds a requirement that Requirements the context contemplated by the Joint the Postal Service state the goals and Task Force recommendation, namely, in Several parties submitted comments objectives of the market test, and connection with the filing of a request addressing the data collection and subsection (g) requires the Service to reporting requirements specified in for a permanent change in mail identify ‘‘those features of the proposed proposed § 3001.165, and the exemption classification. In the Commission’s market test that, [in its opinion,] cannot from providing market test data afforded view, a ‘‘free-standing’’ market test rule be modified without significantly by proposed § 3001.166(b). The Postal would require a different set of impairing the value of the test.’’ procedures, and possibly additional Service comments that the provision forms of evidentiary support by the Rule for Decision requiring it to submit all test data to the Postal Service. Proposed § 3001.164 provides for the Commission no later than 60 days As the preamble states, the final rule Commission’s issuance of a ‘‘yes or no’’ following the conclusion of the test includes a new § 3001.161(b), which decision either in favor of or against the could prove to be an obstacle. McGraw- establishes a five-year sunset provision Postal Service’s proposed market test. Hill suggests that the rule should be for the effectiveness of the market test Several commenters—Federal Express modified to require the Postal Service to rule. Corporation, the Commission’s Office of report all test data collected. Similarly, United Parcel Service states that the rule Evidentiary Requirements the Consumer Advocate, and United Parcel Service—question the 5 Several parties commented on the consistency of this decisional standard Commenter McGraw-Hill suggests an alternative mechanism which would provide for preliminary appropriateness of the evidentiary with the exercise of the Commission’s requirements applicable to market test Commission advice to the Postal Service to modify best judgment in performing its unacceptable features of the proposed market test statutory responsibilities. As noted prior to rendition of a decision. While this proposal 4 The Postal Service is, of course, free to request also has merit, the Commission anticipates that its expedited consideration under special rules of above, Federal Express proposes an practice in connection with any rate change request alternative to a ‘‘yes or no’’ decisional implementation could significantly extend the 90- it may wish to submit. standard: allowing the Postal Service to day schedule proposed by the Commission and adopted in the final rule. 24450 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations should require periodic public reporting III. Requests for Provisional Service concept envisioned by the Joint Task of the test data without exception. Changes of Limited Duration Force, the Commission’s final rule The Commission’s final market test Applicability of Rule retains the proposed rule’s limitation of applicability to proposed provisional rule retains the data collection and Commenters raised two issues reporting provisions of the proposed services that ‘‘will supplement, but will regarding applicability of a rule for not alter, existing mail classifications rule. The 60-day requirement in provisional service changes: (1) whether § 3001.165 is intended to establish a and rates for a limited and fixed such a rule would serve any duration.’’ § 3001.171(a). benchmark for the Service’s production independent purpose, given adoption of of market test data in the proceeding to a market test rule; and (2) what the As the preamble states, the final rule consider recommendation of the proper scope of a provisional service includes a new § 3001.171(b), which proposed service as a permanent mail change rule should be. establishes a five-year sunset provision classification; if the Postal Service Several commenters—including for the effectiveness of the provisional encounters difficulty in meeting this American Business Press, the service change rule. Newspaper Association of America, the deadline in a particular case, the Evidentiary Requirements Commission will entertain a motion for Commission’s Office of the Consumer a reasonable extension. The Advocate, and United Parcel Service— The Postal Service comments that the Commission also continues to believe take the position that a rule for filing requirements contained in that an inflexible rule requiring the considering provisional service changes proposed § 3001.172 would increase the Postal Service to report all market test would perform no separately complexity of seeking a provisional identifiable function, or that the concept data on a periodic basis, without service change, and would be likely to of a ‘‘provisional service change’’ is too exception, would be insufficiently impair the expedition with which such nebulous to warrant adoption of a rule. flexible to accommodate the Service’s changes could be adopted. American Notwithstanding these comments, the Bankers Association takes the position legitimate needs, especially with regard Commission continues to believe, as the that the rule should require the Service to services tested in a competitive field. Joint Task Force concluded, that a to provide the maximum cost and Accordingly, the final rule continues to separate rule may be useful for revenue information available, in order require production of all test data only considering certain types of service if the Postal Service elects to pursue changes for which market testing would to prevent shifting the cost burden of recommendation of the tested new not be appropriate or adequate. While it providing the provisional service to service as a permanent mail would be impossible to foresee the full captive users of First-Class Mail. classification. spectrum of such changes, the The final rule maintains the filing Commission anticipates that certain requirements of the proposed rule. The Suspension, Continuation or types of systemwide, seasonal, or Commission continues to believe that Termination of Proceeding special service changes would be more requiring the Service to provide a Section 3001.166 of the Commission’s appropriately considered as provisional description of the salient features of a proposed rule provides for Postal service changes, rather than as the proposed provisional service change, subjects of market tests. Therefore, the Service motions to suspend the together with an estimate of the effects final rule contains separate provisions proceeding to consider its request for a of implementing it and all other for the expeditious consideration of available information responsive to the permanent mail classification change, provisional service changes. and states that the Commission shall requirements in current § 3001.64, However, the Commission declines to imposes a reasonable standard of grant the motion ‘‘if, in the expand the rule to include provisional Commission’s opinion, it would be evidence. If the Postal Service changes in rates or in the terms of experiences difficulty in developing the reasonable under the circumstances to existing mail classifications, as the required information, it may file a defer consideration of the request’’ until Postal Service and Time Warner suggest motion for waiver, or an explanation of data to be produced by the market test in their comments. The Joint Task Force unavailability as provided in becomes available. In its comments on recommended that an expedited § 3001.172(b). On the other hand, if a procedure for introducing provisional this provision, the Postal Service states participant believes that critical service changes ‘‘should be available, that the suspension of its request should information has not been produced, it under more restrictive terms, for use in be automatic. may seek to compel its production appropriate circumstances.’’ Report at The Commission is concerned that the through discovery and motions practice. 52. [Emphasis added.] The ‘‘restrictive Postal Service may have misunderstood terms’’ include a limitation to As with the market test rule, in order the intent of this provision. It is not ‘‘innovations * * * which supplement to implement Federal Express designed to compel the Service to existing rates and classifications Corporation’s proposal of a mechanism litigate its proposal while the market without altering any of them, so that that would provide an alternative to test is being conducted. Rather, it is customers could either try the new rendering a ‘‘yes or no’’ decision on designed to preserve the opportunity to service or stick with the existing service proposed provisional service changes, move forward in the consideration of menu, or both.’’ Ibid. American § 3001.172(a)(2) of the final rule adds a the requested permanent change in mail Business Press, Newspaper Association requirement that the Postal Service state classification if meaningful progress can of America, and McGraw-Hill express its goals and objectives in introducing be made, for the sake of expedition. concern in their comments that the the provisional service, and subsection Automatic suspension of the proceeding provisional service change rule could be (a)(3) requires the Service to identify would foreclose this option. If no used to restructure existing services ‘‘those features of the proposed progress appears likely until under the guise of introducing a ‘‘new’’ provisional service that, [in its opinion,] information produced in the market test service, or otherwise alter pre-existing cannot be modified without is available, the Commission will order service options. In order to address significantly reducing the benefits of a suspension. these concerns, and to implement the introducing the proposed service.’’ Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24451

Rule for Decision determining whether to recommend the ‘‘low costs and revenues’’ standard. Proposed § 3001.174 provides for the service as a permanent mail OCA comments that the standard is Commission’s issuance of a ‘‘yes or no’’ classification, and ‘‘[d]ata issues will ambiguous, and may be over-inclusive decision either in favor of or against the receive a full airing then.’’ Ibid. in light of past mail classification The Postal Service’s resistance to Postal Service’s proposed provisional controversies that arguably involved periodic data collection and reporting low costs and revenues but required service change. Several commenters— for recommended provisional services more extensive scrutiny. United Parcel Federal Express Corporation, the is, quite frankly, difficult to fathom. Service comments that imposition of the Commission’s Office of the Consumer Under § 3001.171(a) of the final rule, a ‘‘low costs and revenues’’ standard Advocate, and United Parcel Service— provisional service may be would tend to reduce scrutiny of challenge this mode of decision, as they recommended for a duration of up to classification changes in almost all the did with respect to market tests. Once two years. The Postal Service collects competitive subclasses. Advertising again, Federal Express proposes an and publicly reports cost and revenue Mail Marketing Association comments alternative that would allow the Postal data for all services it offers on at least that neither of the proposed rule’s Service to designate those elements of an annual basis; there is no apparent standards will serve to include minor its proposed provisional service change justification for exempting a classification changes and exclude which cannot be modified without recommended provisional service from major ones, and proposes an alternative negating its value, together with a this practice. Proposed § 3001.175 does two-part test that would treat a decisional standard which would not require the Service to perform proposed change as ‘‘minor’’ if it: preclude the Commission only from quarterly special studies for provisional modifying those designated elements. (a) Does not materially alter the conditions services; it only cites § 3001.102 Because the same decisional of eligibility for the entry of mail in a reporting requirements as a standard, particular subclass, or for a particular rate considerations are mutually applicable and directs the Service to observe them element or work sharing discount; and (b) to market tests and provisional service ‘‘to the extent reasonably practicable.’’ does not materially increase or decrease the changes, the Commission has decided to The final rule retains this reasonable estimated or projected institutional cost modify proposed § 3001.174 to provide contribution of the affected subclass. standard of data collection and for issuance of a decision in accordance reporting. AMMA Comments at 5–6. with the policies of the Reorganization Upon consideration of the parties’ Act, but without ‘‘modification of any IV. Expedited Consideration of comments, the Commission agrees that feature of the proposed service which Requests for Minor Mail Classification the definition of ‘‘minor’’ classification the Postal Service has identified in Changes changes in proposed § 3001.69 should accordance with § 3001.172(a)(2).’’6 Applicability of Rule be amended. Therefore, the Commission has re-drafted the applicability Data Collection and Reporting Proposed § 3001.69 states that a Requirements provisions to include only those requested mail classification change proposed mail classification changes Section 3001.175 of the proposed rule may be considered to be ‘‘minor in that are likely to be moderate in their directs the Postal Service to collect and character,’’ and therefore eligible for impact both on mailers and on the report data pertaining to a expedited consideration, if it would not postal system as a whole. The substitute recommended provisional service involve a change in any existing rate or retains the introductory clause during the period in which it is in fee and: (a) involves only changes in precluding any change in existing rates effect. The section would allow the eligibility standards or requirements or fees, and models two additional Service to satisfy these requirements applicable to mail classes or services; or clauses on AMMA’s suggested language, either through its regular data collection (b) would only affect categories of with one alteration: the clause and reporting systems, in combination service with low aggregate costs and concerning changes in conditions of with the Service’s regularly filed revenues. Several commenters suggested eligibility has been modified to preclude periodic reports under 39 CFR that the section’s standard of only requests for more restrictive § 3001.102, or by conducting and applicability should be clarified, or eligibility terms. Thus, proposals to reporting the results of special studies replaced with an alternative definition make existing mail classifications more on a corresponding schedule ‘‘to the of ‘‘minor in character.’’ inclusive could be considered under the extent reasonably practicable.’’ The Postal Service comments that the minor classification change provisions. In its comments, the Postal Service proposed rule’s applicability criteria As the preamble states, the final rule ‘‘strongly objects’’ to the requirements require further explanation; Direct includes a new § 3001.69(b), which in proposed § 3001.175. Comments at Marketing Association regards the establishes a five-year sunset provision 19. The Service asserts that it is ‘‘neither Commission’s standards as an for the effectiveness of the minor necessary nor practical’’ to require it to improvement over those in the Service’s classification change rule. modify its regular data reporting proposed rule, but observes that systems to include a provisional service, application in specific instances will Expedition of Procedural Schedule— and that it is ‘‘unreasonable’’ to expect present difficulties. American Bankers Expedited Notice it to conduct special studies on a Association, Newspaper Association of Commenter McGraw-Hill suggests quarterly basis. Ibid. In the Service’s America, National Newspaper that the expedited procedures specified view, data pertaining to a provisional Association, and McGraw-Hill challenge in proposed § 3001.69b should be service will not be germane until a the proposed rule’s definition of supplemented to include registration record is developed for the purpose of eligibility changes as ‘‘minor,’’ drawing and expedited notice provisions similar on experience in recent dockets such as to those contained in the proposed 6 McGraw-Hill once again proposes an alternative MC95–1 to illustrate that putative market test rule [§ 3001.163(b)-(d)] and providing for preliminary Commission advice to the eligibility changes may produce major proposed rule for provisional service Postal Service to modify unacceptable features of the proposal prior to a decision. The Commission impacts on users of the affected mail changes [§ 3001.173(b)-(d)]. McGraw- declines to adopt this mechanism on the same bases classification. Other commenters Hill comments that the inclusion of cited with respect to the market test rule. question the appropriateness of the such conforming provisions ‘‘are 24452 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations justified by the short timeframes sufficient for some proposed services, Filing of Evidence in Support of Formal contemplated for the proceedings in and that the appropriate length of a test Request. question.’’ McGraw-Hill Comments at 5. period should be determined on a case- The Commission agrees that inclusion by-case basis. In its comments, the Postal Service of such provisions in the minor opposes the filing requirements in The final rule retains the declaration classification change rule is justified, proposed § 3001.182 (b)(2) and (b)(3) of and would be beneficial. Expedited of a Commission policy in favor of test the proposed rule, which direct the notice of the Postal Service’s filing of a periods of up to five fiscal years. The Service to produce Return on request can be expected to enable Joint Task Force Report recommended Investment projections and all other interested parties to intervene, and the adoption of ‘‘rules providing for a financial analyses prepared in initiate discovery if they so desire, multi-year break-even period of at least connection with determining the cost earlier in the proceeding. Consequently, four or five years[,]’’ Report at 51, and and revenue impact of the proposed the final rule has been amended to add the Commission accordingly has used new service, and any other analyses by three new subsections to proposed five years as a policy benchmark. The the Service that bear on the overall § 3001.69b. New subsection (b) provides Commission is well aware that Postal effects of introducing the new service for registration with the Secretary of the Service projections have usually been during the requested test period. The Commission by persons who are limited to two- or three-year horizons in Service claims these requirements are interested in participating in minor postal rate and classification unnecessary, would introduce needless classification change proceedings. These proceedings. However, the Commission complexity and confusion into the registrants will automatically become is prepared to provide the Service with proceeding, and call for material that is parties to each such proceeding, but the opportunity to submit longer-range ‘‘likely to include pre-decisional they may withdraw at any time. New forecasts, and to use those projections if material and/or material of commercial subsection (c) requires service of the they prove to be credible. Furthermore, sensitivity that would not ordinarily be Postal Service’s complete filing by hand the Postal Service is free in any given disclosed in Commission proceedings.’’ delivery to registrants with addresses proceeding to ask the Commission to Postal Service Comments at 26. Time within the Washington metropolitan expand its policy declaration, if it can Warner also comments on the area, and by Priority Mail to all other furnish even longer-range projections ‘‘excessive data and documentation registrants. New subsection (d) requires that it believes to be reliable. the Postal Service to give notice by requirements’’ of the proposed rule, First-Class Mail of the filing of its The Postal Service, Advertising Mail Comments at 4, and urges the request to all participants in the most Marketing Association, and Direct Commission to ‘‘accommodate its recent omnibus rate proceeding. Service Marketing Association oppose another information and documentation by Priority Mail and First-Class Mail portion of the Commission’s policy requirements to the inevitability that have been substituted for Express Mail, declaration in proposed § 3001.181, new services will be supported by which is required in the market test and which refers to ‘‘convincing substantial scarcer, more attenuated data than provisional service change rules, in evidence in support of the test period established ones. . . .’’ Time Warner view of the potentially longer proposed.’’ These commenters challenge Comments at 5. procedural schedule available in minor the quoted language on the ground that it would subject the Postal Service’s The Commission is well aware of the classification change proceedings, and problems of information deficiency that to reduce the resulting burden on the evidence in support of a multi-year test can be associated with new services, Postal Service. Also, in order to enable period to a higher standard of proof than and does not intend to apply unrealistic the Service to identify the last day for the ‘‘substantial evidence’’ standard of standards of proof to such services. parties’ intervention in the notice evidentiary support commonly required required by new subsection (d), of administrative decisions. The Postal However, the Commission is also aware § 3001.69b(e) of the final rule has been Service suggests that this language ‘‘be from experience in prior proceedings modified to provide that the eliminated as unjustified and that financial analyses and other Commission’s notice of proceeding unnecessary.’’ Postal Service Comments information of the types responsive to ‘‘shall afford all interested parties 26 at 25. proposed § 3001.182(b) (2) and (3) are likely to underlie the Postal Service’s days after filing of the Postal Service’s The proposed rule’s use of the phrase request within which to intervene[.]’’ cost and revenue estimates for a ‘‘convincing substantial evidence’’ in proposed new service, or will at least V. Multi-Year Test Periods for Proposed the policy declaration was not intended bear significantly on the credibility and New Services to establish an extraordinary evidentiary accuracy of those estimates. The Applicability of Rule. standard for application to the Postal relevance and probative value of these Service’s test year projections; it was Several commenters question the analyses are likely to be intensified only intended to declare a policy in when estimates are projected as much as terms under which proposed § 3001.181 favor of departure from the normally- would allow the Postal Service to use five years into the future. Consequently, applicable test year rule when the the final rule retains these filing multi-year test periods for proposed Service’s evidence persuades the new services. Newspaper Association of requirements, to put the Postal Service Commission that such a departure is America, United Parcel Service, and on notice that all relevant supporting justified. In order to remove any McGraw-Hill take the position that the analyses will be scrutinized in the ambiguity on this point, the final rule rule should not extend to permit test proceeding. If the Postal Service periods as long as five years, in light of deletes the word ‘‘convincing.’’ believes that special considerations of the Postal Service’s demonstrated As the preamble states, the final rule privilege and resulting harm should limitations in producing forecasts in includes a new § 3001.181(b), which exempt certain responsive information prior Commission proceedings. In establishes a five-year sunset provision in any given case, it may file a motion contrast, the Postal Service comments for the effectiveness of the multi-year for waiver explaining why the that a five-year period may not be test period rule. requirement should not apply. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24453

VI. Regulatory Evaluation character. A requested classification required under § 3001.64, or of why it It has been determined pursuant to 5 change may be considered to be minor should not be required to support a U.S.C. 605(b) that these rules will apply in character if it: particular request, will be grounds for (1) Would not involve a change in any exclusively to the United States Postal excluding from the proceeding a existing rate or fee; Service in proceedings conducted by the contention that the absence of the (2) Would not impose any restriction Postal Rate Commission, and to parties information should form a basis for in addition to pre-existing conditions of who choose to participate in those rejection of the request, unless the party eligibility for the entry of mail in an proceedings. Therefore, it is certified desiring to make such contention: existing subclass or category of service, (1) Demonstrates that, having regard that these rules will not have a or for an existing rate element or work to all the facts and circumstances of the significant impact on a substantial sharing discount; and case, it was clearly unreasonable for the number of small entities under the (3) Would not significantly increase or Postal Service to propose the change in terms of the Regulatory Flexibility Act, decrease the estimated institutional cost question without having first secured 5 U.S.C. 501 et seq. Because these rules contribution of the affected subclass or the information and submitted it in will only apply to the Postal Service and category of service. accordance with § 3001.64; or other participants in Commission (b) This section and §§ 3001.69a (2) Demonstrates other compelling proceedings, it has also been through 69c are effective May 15, 1996 and exceptional circumstances requiring determined that these rules do not have through May 15, 2001. that the absence of the information in sufficient federalism implications to question be treated as bearing on the warrant the preparation of a Federalism § 3001.69a Expedited minor classification merits of the proposal. Assessment pursuant to Executive Order casesÐfiling of formal request and 12612. Inasmuch as the rules impose prepared direct evidence. § 3001.69b Expedited minor classification information-gathering and reporting (a) Whenever the Postal Service casesÐexpedition of procedural schedule. requirements exclusively upon the determines to request that the (a) The purpose of this section is to United States Postal Service for the Commission submit a decision provide a schedule for expediting purpose of conducting mail recommending a mail classification proceedings in which the Postal Service classification change proceedings, they change, and to seek expedited review on requests that the Commission do not contain any information the ground that the requested change is recommend a change in mail collection requirements as defined in minor in character, it shall file a request classification and expedite the Paperwork Reduction Act [44 U.S.C. for a change in mail classification consideration of that request on the 3502(4)], and consequently the review pursuant to section 3623 that comports ground that the change is minor in provisions of 44 U.S.C. 3507 and the with the requirements of this section character. implementing regulations in 5 CFR part and of subpart C of this part. Each such (b) Persons who are interested in 1320 do not apply. formal request shall include the participating in proceedings to consider following particular information: Postal Service requests for minor List of Subjects in 39 CFR Part 3001 (1) A description of the proposed changes in mail classification may Administrative practices and classification change or changes, register at any time with the Secretary procedure, Postal Service. including proposed changes in the text of the Postal Rate Commission, who For the reasons set out in the of the Domestic Mail Classification shall maintain a publicly available list preamble, 39 CFR part 3001 is amended Schedule and any pertinent rate of the names and business addresses of as follows: schedules; all such registrants. Persons whose (2) A thorough explanation of the names appear on this list will PART 3001ÐRULES OF PRACTICE grounds on which the Postal Service automatically become parties to each AND PROCEDURE submits that the requested change in proceeding in which the Postal Service mail classification is minor in character; requests a minor mail classification 1. The authority citation for 39 CFR and change pursuant to §§ 3001.69 through part 3001 continues to read as follows: (3) An estimate, prepared in the 3001.69c. Parties may withdraw from Authority: 39 U.S.C. 404(b), 3603, 3622– greatest level of detail practicable, of the the register or a particular case by filing 24, 3661, 3662. overall impact of the requested change a notice with the Secretary of the 2. Sections 3001.69 through 3001.69c in mail classification on postal costs and Commission. are added to Subpart C to read as revenues, mail users, and competitors of (c) When the Postal Service files a follows: the Postal Service. request under the provisions of (b) If the Postal Service believes that §§ 3001.69 through 3001.69c, it shall on § 3001.69 Expedited minor classification data required to be filed under § 3001.64 that same day effect service by hand casesÐapplicability. are unavailable, it shall explain their delivery of the complete filing to each (a) This section and §§ 3001.69a unavailability, as required by person registered pursuant to paragraph through 3001.69c apply in cases where § 3001.64(a)(2) (i), (ii), and (iv). If the (b) of this section who maintains an the Postal Service requests a Postal Service believes that any of the address for service within the recommended decision pursuant to data or other information required to be Washington metropolitan area and serve section 3623 and seeks expedited filed under § 3001.64 should not be the complete filing by Priority Mail review on the ground that the requested required in light of the minor character service on all other registrants. Each change in mail classification is minor in of the requested change in mail registrant is responsible for insuring that character. The requirements and classification, it shall move for a waiver his or her address remains current. procedures specified in these sections of that requirement, stating with (d) When the Postal Service files a apply exclusively to the Commission’s particularity the reasons why the request under the provisions of consideration of requested mail character of the request and its §§ 3001.69 through 3001.69c, it shall on classification changes which the Postal circumstances justify a waiver of the that same day send by First-Class Mail Service denominates as, and the requirement. A satisfactory explanation to all participants in the most recent Commission finds to be, minor in of the unavailability of information omnibus rate case a notice which briefly 24454 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations describes its proposal. This notice shall disputes, and when possible, what the Postal Service, and do not supersede indicate on its first page that it is a party believes to be the true fact or facts any other rules applicable to the Postal notice of a request for a minor change and the evidence it intends to provide Service’s request for recommendation of in mail classification to be considered in support of its position. a permanent change in mail under §§ 3001.69 through 3001.69c, and (i) The Commission will hold classification. In administering this identify the last day for filing a notice hearings on a Postal Service request subpart, it shall be the policy of the of intervention with the Commission. which is considered under §§ 3001.69 Commission to recommend market tests (e) Within 5 days after receipt of a through 3001.69c when it determines that are reasonably calculated to Postal Service request invoking the that there are genuine issues of material produce information needed to support operation of §§ 3001.69 through fact to be resolved, and that a hearing a permanent change in mail 3001.69c, the Commission shall issue a is needed to resolve those issues. classification, and that are reasonably notice of proceeding and provide for Hearings on the Postal Service request limited in scope, scale, duration, and intervention by interested parties will commence within 21 days after potential adverse impact. Except in pursuant to § 3001.20. The notice of issuance of the Commission order extraordinary circumstances and for proceeding shall state that the Postal pursuant to paragraph (f) of this section. good cause shown, the Commission Service has denominated the mail Testimony responsive to the Postal shall not recommend market tests of classification change it requests a minor Service request will be due 14 days after more than one year in duration; change, and has requested expedited the conclusion of hearings on the Postal however, this limitation is not intended consideration pursuant to §§ 3001.69 Service request. to bar the Postal Service from through 3001.69c. The notice shall conducting more than one market test in further state the grounds on which the § 3001.69c Expedited minor classification casesÐtime limits. support of a potential permanent change Postal Service submits that the in mail classification in appropriate The Commission will treat cases to requested change in mail classification circumstances. which §§ 3001.69 through 3001.69c is minor in character, and shall afford (b) This section and §§ 3001.162 all interested parties 26 days after filing apply as subject to the maximum expedition consistent with procedural through 3001.166 are effective May 15, of the Postal Service’s request within 1996 through May 15, 2001. which to intervene, submit responses to fairness. The schedule for adoption of a the Postal Service’s request for recommended decision will therefore be § 3001.162 Filing of market test proposal consideration of its proposed mail established, in each such case, to allow and supporting direct evidence. classification change under the terms of for issuance of such decision not more Whenever the Postal Service §§ 3001.69 through 3001.69c, and than 90 days after the filing of the determines to request that the request a hearing. request of the Postal Service if no Commission submit a recommended (f) Within 28 days after publication of hearing is held, and not more than 120 decision on a change in mail the notice of proceeding pursuant to days after the filing of the request if a classification preceded by testing in the paragraph (e) of this section, the hearing is scheduled. market, the Postal Service shall file with 3. Sections 3001.161 through Commission shall decide whether to the Commission, in addition to its 3001.166 are added as Subpart I to read consider the request of the Postal request for a permanent change in mail as follows: Service as a minor classification change classification pursuant to section 3623, request under §§ 3001.69 through Subpart IÐRules Applicable to Requests for a request for a recommended decision in 3001.69c, and shall issue an order in the Market Tests of Proposed Mail favor of its proposed market test of the proceeding incorporating that ruling. Classification Changes requested change in mail classification. The Commission shall order a request to Sec. Each formal request filed under this be considered under §§ 3001.69 through 3001.161 Applicability. subpart shall include such information 3001.69c if it finds that: 3001.162 Filing of market test proposal and and data and such statements of reasons (1) The requested classification supporting direct evidence. and bases as are necessary and change is minor in character, and 3001.163 Procedures—expedition of public (2) The effects of the requested change notice and procedural schedule. appropriate fully to inform the are likely to be appropriately limited in 3001.164 Rule for decision. Commission and the parties of the scope and overall impact. 3001.165 Data collection and reporting nature, scope, significance and impact (g) If the Commission determines that requirements. of the proposed market test, and to show 3001.166 Suspension, continuation or that it is in the public interest and in the request of the Postal Service is not termination of proceeding. appropriate for consideration as a minor accordance with the policies of the Act and the applicable criteria of the Act. classification change request, no further Subpart IÐRules Applicable to Each formal request shall also include procedures under §§ 3001.69 through Requests for Market Tests of Proposed the following particular information: 3001.69c shall be ordered, and the Classification Changes request will be considered in (a) A description of the services to be accordance with other appropriate § 3001.161 Applicability. provided in the market test, and the provisions of Subpart C of this part. (a) This section and §§ 3001.162 relationship between the services to be (h) If the Commission determines that through 3001.166 apply in cases in provided and the permanent change or the Postal Service request is appropriate which the Postal Service requests a changes in the mail classification for consideration under §§ 3001.69 recommended decision pursuant to schedule requested by the Postal through 3001.69c, those respondents section 3623 preceded by testing in the Service; who request a hearing shall be directed market in order to develop information (b) A statement of each rate or fee to to state with specificity within 14 days necessary to support a permanent be charged for each service to be after publication of the notice the issues change. The requirements and provided during the market test, of material fact that require a hearing for procedures specified in these sections together with all information relied resolution. Respondents shall also apply exclusively to the Commission’s upon to establish consistency of those identify the fact or facts set forth in the determination to recommend in favor of rates and fees with the factors specified Postal Service’s filing that the party or against a market test proposed by the in section 3622(b); Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24455

(c) A description of the number and intervene pursuant to § 3001.20 within within 90 days, consistent with the extent of the service areas in which the 28 days after the filing of a formal procedural due process rights of market test will be conducted, including request made under the provisions of interested persons. the number and type of postal facilities this subpart. Parties may withdraw from which will be used; the register or a particular case by filing § 3001.165 Data collection and reporting (d) A statement of the planned a notice with the Secretary of the requirements. duration of the market test; Commission. In any case in which the Commission (e) Proposed Domestic Mail (c) When the Postal Service files a has issued a recommended decision in request under the provisions of this Classification Schedule provisions favor of a market test requested by the which incorporate the information subpart, it shall on that same day effect Postal Service, and the Board of required in paragraphs (a) through (d) of service by hand delivery of the complete Governors has put the market test this section; filing to each person registered pursuant (f) A statement of the goals and to paragraph (b) who maintains an recommended by the Commission into objectives of the proposed market test, address for service within the effect, the Postal Service shall gather supported by quantitative projections of Washington metropolitan area and serve test data and report them to the anticipated results to the extent the complete filing by Express Mail Commission in accordance with the practicable. service on all other registrants. Each plan submitted pursuant to § (g) A statement of those features of the registrant is responsible for insuring that 3001.162(h). If the Postal Service’s plan proposed market test that, in the his or her address remains current. for reporting test data does not provide opinion of the Postal Service, cannot be (d) When the Postal Service files a for periodic reporting during the modified without significantly request under the provisions of this conduct of the test, the Postal Service impairing the value of the test; subpart, it shall on that same day send shall submit all test data to the (h) An estimate of the number of by Express Mail to all participants in the Commission no later than 60 days customers who will participate in the most recent omnibus rate case a notice following the conclusion of the test. market test to the extent that such an which briefly describes its proposal. estimate is practicable, together with a This notice shall indicate on its first § 3001.166 Suspension, continuation or description of the means by which the page that it is a notice of a Market Test termination of proceeding. Postal Service plans to provide equal Request to be considered under (a) In any case in which the §§ 3001.161 through 3001.166, and access to all potential users in the test Commission has issued a recommended identify the last day for filing a notice market service areas; and decision in favor of a market test (i) A plan for testing the proposed of intervention with the Commission. requested by the Postal Service, and the change or changes in the market, (e) Within 5 days after receipt of a Board of Governors has put the market including a plan for gathering the data Postal Service request under the needed to support a permanent change provisions of this subpart, the test recommended by the Commission in mail classification and for reporting Commission shall issue a notice of into effect, the Postal Service may move the test data to the Commission. If proceeding and provide for intervention for suspension of the proceeding in periodic reporting of the test data would by interested parties pursuant to which its request for a permanent be harmful to the purposes of the test, § 3001.20. In the event that a party change in mail classification is to be such as by revealing information that wishes to dispute a genuine issue of considered. The Commission shall grant might encourage competitors or mailers material fact to be resolved in the the Postal Service’s motion for to take actions that would affect the test consideration of the Postal Service’s suspension if, in the Commission’s results, the plan may provide for request, that party shall file with the opinion, it would be reasonable under presentation of the test data as part of Commission a request for a hearing the circumstances to defer consideration the subsequent filing of data supporting within the time allowed in the notice of of the request until the information to be a permanent mail classification change. proceeding. The request for a hearing produced in connection with the market shall state with specificity the fact or test becomes available. § 3001.163 ProceduresÐexpedition of facts set forth in the Postal Service’s (b) At any time during the pendency public notice and procedural schedule. filing that the party disputes, and when of a market test recommended by the (a) The purpose of this section is to possible, what the party believes to be provide a schedule for expediting the true fact or facts and the evidence Commission pursuant to this subpart, or proceedings in which the Postal Service it intends to provide in support of its following the completion of such a proposes to conduct a market test of a position. The Commission will hold market test, the Postal Service may requested change in mail classification hearings on a Postal Service request move to revise or withdraw its request it has submitted to the Commission made pursuant to this subpart when it for a permanent change in mail pursuant to section 3623. determines that there is a genuine issue classification. If the Postal Service (b) Persons who are interested in of material fact to be resolved, and that moves to revise its request, it shall file participating in proceedings to consider a hearing is needed to resolve that issue. with the Commission all data necessary Postal Service requests to conduct a to support its amended request. If the market test may register at any time § 3001.164 Rule for decision. Postal Service moves to withdraw its with the Secretary of the Postal Rate The Commission will issue a decision request, it shall explain the Commission, who shall maintain a on the Postal Service’s proposed market circumstances leading to its motion, but publicly available list of the names and test in accordance with the policies of need not produce the test data that business addresses of all such the Postal Reorganization Act, but will would otherwise be submitted pursuant registrants. Persons whose names not recommend modification of any to § 3001.165. appear on this list will automatically feature of the proposed market test become parties to each proceeding in which the Postal Service has identified 4. Sections 3001.171 through which the Postal Service requests to in accordance with § 3001.162(g). The 3001.176 are added as Subpart J, to read conduct a market test pursuant to this purpose of this subpart is to allow for as follows: subpart. Other interested persons may consideration of proposed market tests 24456 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

Subpart JÐRules Applicable to Requests provisional service of limited and fixed § 3001.173 ProceduresÐexpedition of for Provisional Service Changes of Limited duration, it shall file a request for a public notice and procedural schedule. Duration change in mail classification pursuant to (a) The purpose of this section is to Sec. section 3623 that comports with the provide a schedule for expediting 3001.171 Applicability. requirements of this subpart and of proceedings in which the Postal Service 3001.172 Filing of formal request and subpart C of this part. Each formal requests that the Commission prepared direct evidence. request shall include the following recommend the establishment of a 3001.173 Procedures-expedition of public particular information: provisional service which will notice and procedural schedule. supplement, but will not alter, existing 3001.174 Rule for decision. (1) A description of the proposed mail classifications and rates for a 3001.175 Data collection and reporting classification, including proposed requirements. limited and fixed duration. Domestic Mail Classification Schedule (b) Persons who are interested in 3001.176 Continuation or termination of language and rate schedules; provisional service. participating in proceedings to consider (2) A statement of the goals and Postal Service requests to establish a Subpart JÐRules Applicable to objectives of introducing the proposed provisional service may register at any Requests for Provisional Service provisional service, supported by time with the Secretary of the Postal Changes of Limited Duration quantitative projections of anticipated Rate Commission, who shall maintain a results to the extent practicable. publicly available list of the names and § 3001.171 Applicability. (3) A statement of those features of the business addresses of all such (a) This section and §§ 3001.172 proposed provisional service that, in the registrants. Persons whose names through 3001.176 apply in cases in opinion of the Postal Service, cannot be appear on this list will automatically which the Postal Service requests that modified without significantly reducing become parties to each proceeding in the Commission recommend the the benefits of introducing the proposed which the Postal Service requests establishment of a provisional service service; establishment of a provisional service which will supplement, but will not pursuant to this subpart. Other alter, existing mail classifications and (4) An explanation and complete interested persons may intervene rates for a limited and fixed duration. documentation of the development of pursuant to § 3001.20 within 28 days The requirements and procedures the rates proposed for the provisional after the filing of a formal request made specified in these sections apply service; under the provisions of this subpart. exclusively to the Commission’s (5) A termination date on which the Parties may withdraw from the register determination to recommend in favor of proposed provisional service will be or a particular case by filing a notice or against a provisional service discontinued; with the Secretary of the Commission. proposed by the Postal Service, and do (6) An estimate of the effect of (c) When the Postal Service files a request under the provisions of this not supersede the rules applicable to implementing the proposed provisional subpart, it shall on that same day effect requests for permanent changes in rates, service on overall Postal Service costs service by hand delivery of the complete fees, mail classifications, and in the and revenues during the period in filing to each person registered pursuant nature of postal services. In which it is in effect; and administering this subpart, it shall be to paragraph (b) of this section who the policy of the Commission to (7) A plan for meeting the data maintains an address for service within recommend the introduction of collection and reporting requirements the Washington metropolitan area and provisional services that enhance the specified in § 3001.175. serve the complete filing by Express range of postal services available to the (b) If the Postal Service believes that Mail service on all other registrants. public, without producing a material data required to be filed under § 3001.64 Each registrant is responsible for adverse effect overall on postal revenues are unavailable, it shall explain their insuring that his or her address remains or costs, and without causing unavailability, as required by § 3001.64 current. unnecessary or unreasonable harm to (a)(2)(i), (ii), and (iv). In particular, if the (d) When the Postal Service files a competitors of the Postal Service. provisional character of the request request under the provisions of this Except in extraordinary circumstances bears on the unavailability of the data in subpart, it shall on that same day send and for good cause shown, the question, the Postal Service shall by Express Mail service to all Commission shall not recommend explain in detail the nexus between participants in the most recent omnibus provisional services of more than two these circumstances. A satisfactory rate case a notice which briefly years in duration; however, the explanation of the unavailability of data describes its proposal. Such notice shall Commission may grant a request to will be grounds for excluding from the indicate on its first page that it is a extend a provisional service for an proceeding a contention that the notice of a Request for Establishment of additional year if a Postal Service absence of the data should form a basis a Provisional Service to be considered request to establish the provisional for rejection of the request, unless the under §§ 3001.171 through 3001.176, service as a permanent mail party desiring to make such contention: and identify the last day for filing a classification is pending before the notice of intervention with the (1) Demonstrates that, having regard Commission. Commission. to all the facts and circumstances of the (b) This section and §§ 3001.172 (e) Within 5 days after receipt of a case, it was clearly unreasonable for the Postal Service request under the through 3001.176 are effective May 15, Postal Service to propose the change in 1996 through May 15, 2001. provisions of this subpart, the question without having first secured Commission shall issue a notice of § 3001.172 Filing of formal request and the data which are unavailable, or proceeding and provide for intervention prepared direct evidence. (2) Demonstrates other compelling by interested parties pursuant to (a) Whenever the Postal Service circumstances requiring that the § 3001.20. In the event that a party determines to request that the absence of the data in question be wishes to dispute a genuine issue of Commission submit a decision treated as bearing on the merits of the material fact to be resolved in the recommending the establishment of a proposal. consideration of the Postal Service’s Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24457 request, that party shall file with the classification. Following the conclusion costs from the new service by the end Commission a request for a hearing of the period in which the provisional of the requested test period. within the time allowed in the notice of service was effective, the Postal Service (b) Complete documentary support proceeding. The request for a hearing may submit a request to establish the for, and detail underlying, the test shall state with specificity the fact or service as a mail classification under period requested by the Postal Service, facts set forth in the Postal Service’s any applicable subpart of the including: filing that the party disputes, and when Commission’s rules. (1) Estimated costs, revenues, and possible, what the party believes to be 5. Sections 3001.181 and 3001.182 are volumes of the proposed new service for the true fact or facts and the evidence added as Subpart K, to read as follows: the entire requested test period; it intends to provide in support of its (2) Return on Investment projections Subpart KÐRules for Use of Multi-Year Test and all other financial analyses position. The Commission will hold Periods hearings on a Postal Service request prepared in connection with Sec. determining the cost and revenue made pursuant to this subpart when it 3001.181 Use of multi-year test period for determines that there is a genuine issue impact of the proposed new service; and proposed new services. (3) Any other analyses prepared by of material fact to be resolved, and that 3001.182 Filing of formal request and a hearing is needed to resolve that issue. prepared direct evidence. the Postal Service that bear on the overall effects of introducing the § 3001.174 Rule for decision. Subpart KÐRules for Use of Multi-Year proposed new service during the The Commission will issue a decision Test Periods requested test period. on the Postal Service’s proposed Issued by the Commission on May 7, 1996. § 3001.181 Use of multi-year test period for provisional service in accordance with Margaret P. Crenshaw, the policies of the Postal Reorganization proposed new services. Secretary. Act, but will not recommend (a) The rules in §§ 3001.181 and modification of any feature of the 3001.182 apply to Postal Service [FR Doc. 96–12130 Filed 5–14–96; 8:45 am] proposed service which the Postal requests pursuant to section 3623 for the BILLING CODE 7710±FW±P Service has identified in accordance establishment of a new postal service, with § 3001.172(a)(3). The purpose of with attendant rates, which in the this subpart is to allow for consideration estimation of the Postal Service cannot ENVIRONMENTAL PROTECTION of proposed provisional services within generate sufficient volumes and AGENCY 90 days, consistent with the procedural revenues to recover all costs associated 40 CFR Part 52 due process rights of interested persons. with the new service in the first full fiscal year of its operation. In [OH16±3±7264a; FRL±5439±4] § 3001.175 Data collection and reporting administering these rules, it shall be the requirements. Commission’s policy to adopt test Approval and Promulgation of In any case in which the Commission periods of up to 5 fiscal years for the Implementation Plans; Ohio has issued a recommended decision in purpose of determining breakeven for AGENCY: favor of a provisional service of limited newly introduced postal services where Environmental Protection duration requested by the Postal the Postal Service has presented Agency. Service, and the Board of Governors has substantial evidence in support of the ACTION: Direct final rule. put the provisional service test period proposed. SUMMARY: On August 23, 1994, the recommended by the Commission into (b) This section and § 3001.182 are United States Environmental Protection effect, the Postal Service shall collect effective May 15, 1996 through May 15, Agency (USEPA) granted conditional and report data pertaining to the 2001. approval of revisions to the emission provisional service during the period in limitations, compliance methodologies, which it is in effect in accordance with § 3001.182 Filing of formal request and prepared direct evidence. and compliance time schedules in the periodic reporting requirements In filing a request for establishment of Ohio’s State Implementation Plan (SIP) specified in § 3001.102. If the Postal for sulfur dioxide (SO ) as it applies to Service’s regular data reporting systems a new postal service pursuant to section 2 3623, the Postal Service may request Hamilton County. The outstanding are not revised to include the condition has been addressed, and provisional service during the period of that its proposal be considered for a test period of longer duration than the test USEPA is now fully approving the its effectiveness, the Postal Service shall Hamilton County, Ohio, SO SIP. perform, and provide to the Commission period prescribed in § 3001.54(f)(2). 2 Each such request shall be supported by Submitted by Ohio in response to on a schedule corresponding to modeling analyses which predicted § 3001.102 reports, special studies to the following information: (a) The testimony of a witness on violations of the SO2 National Ambient provide equivalent information to the Air Quality Standards (NAAQS) due to extent reasonably practicable. behalf of the Postal Service, who shall provide: Hamilton County sources, this SIP has § 3001.176 Continuation or termination of (1) A complete definition of the multi- been demonstrated to provide for provisional service. year test period requested for the attainment and maintenance of the SO2 At any time during the period in proposed new service; NAAQS in Hamilton County. which a provisional service (2) A detailed explanation of the DATES: This action will be effective on recommended by the Commission and Postal Service’s preference of a multi- July 15, 1996 unless adverse or critical implemented by the Board of Governors year test period, including the bases of comments not previously addressed by is in effect, the Postal Service may the Service’s determination that the test the State or USEPA are received by June submit a formal request that the period prescribed in § 3001.54(f)(2) 14, 1996. If the effective date is delayed, provisional service be terminated, or would be inappropriate; and timely notice will be published in the that it be established, either as originally (3) A complete description of the Federal Register. recommended by the Commission or in Postal Service’s plan for achieving an ADDRESSES: Written comments should modified form, as a permanent mail appropriate contribution to institutional be addressed to: J. Elmer Bortzer, Chief, 24458 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

Regulation Development Section, Air attainment demonstration is discussed Indiana proceeded with the Seagram Programs Branch (AR–18J), United in detail in USEPA’s 1994 proposed and rulemaking. States Environmental Protection final rulemaking actions. The USEPA’s proposal to conditionally Agency, Region 5, 77 West Jackson techniques used in the attainment approve the Hamilton County, Ohio SIP Boulevard, Chicago, Illinois 60604. demonstration were set forth in a revisions was published on January 27, Copies of the State’s submittal and modeling protocol approved by USEPA. 1994 (59 FR 3809). USEPA finalized the USEPA’s analysis (Technical Support Because Hamilton County borders conditional approval action on August Document) are available for inspection Indiana and Kentucky, the attainment 23, 1994 (59 FR 43287). USEPA at the following location: United States demonstration considered the air indicated in the final conditional Environmental Protection Agency, quality impacts of SO2 sources in those approval that the Hamilton County, Region 5, Air and Radiation Division, 77 States, as well as SO2 sources in Ohio. Ohio SIP revisions would be approved West Jackson Boulevard, Chicago, During the development of the in full if Indiana submitted a federally Illinois 60604. (It is recommended that attainment demonstration, a modeled approvable SIP revision for Seagram by you telephone Mary Onischak at (312) violation was predicted near the Joseph September 23, 1995. It was anticipated 353–5954 before visiting the Region 5 E. Seagram and Sons, Inc., (Seagram) that an approvable Indiana limit would Office.) facility in adjacent Dearborn County, be formalized in the allotted time and as FOR FURTHER INFORMATION CONTACT: Indiana. The Seagram facility was a result, the Ohio revised rules would Mary Onischak at (312) 353–5954. determined to be the main contributor remain a part of the SIP. to the modeled violation, but facilities The USEPA notified the State of SUPPLEMENTARY INFORMATION: located in Hamilton County also Indiana in a January 5, 1994, letter that I. Background contributed to the violation. Since the the Seagram limits must be incorporated Ohio sources were partially implicated into the Indiana SO2 SIP. On August 25, On October 16, 1991, Ohio submitted in the Indiana violation, USEPA could 1995, Indiana submitted to USEPA a SO SIP revisions to USEPA for 2 not accept Ohio’s attainment site-specific SO2 SIP revision request Hamilton County, Ohio. The State demonstration until the predicted which provided that when Seagram’s submitted a package on March 17, 1993, violation had been addressed. Boilers 5 and 6 were being operated which further amended these SIP A solution to the attainment problem simultaneously, only one boiler would revisions. The SIP revisions were involved a restriction on the usage of use coal or fuel oil. USEPA published a intended to provide for attainment of sulfur-bearing fuels at the Seagram direct final approval of Indiana’s SIP the National Ambient Air Quality facility. Preliminary modeling showed revision for Seagram on February 9, Standards (NAAQS) for SO2, in that when Seagram’s Boilers 5 and 6 1996 (61 FR 4897). Therefore, USEPA is response to a December 22, 1988, letter were not simultaneously burning such now able to fully accept Ohio’s modeled in which USEPA notified the Governor sulfur-bearing fuels as coal or fuel oil, attainment demonstration and finalize of Ohio that the SO2 SIP was the SO2 standards would not be the Hamilton County SO2 SIP approval. substantially inadequate to maintain the violated. Seagram had, in fact, been (Adverse or critical comments received SO2 NAAQS in Hamilton County. operating in this manner for several on the Seagram SIP revision may affect USEPA’s notification was based on years. Seagram agreed, in a September 1, the effective date of approval of the predicted violations of the SO2 1992 letter to Ohio and Indiana, that it Hamilton County, Ohio SO2 SIP.) standards due to SO2 sources located in would not operate the two boilers III. Final Rulemaking Action Hamilton County, Ohio. Ohio’s SIP simultaneously on sulfur-bearing fuels package included revisions to Ohio without written approval from both The USEPA is approving Ohio’s Administrative Code (OAC) 3745–18–03 State Agencies (the Ohio Environmental October 16, 1991, and March 17, 1993, Attainment Dates and Compliance Time Protection Agency and the Indiana Hamilton County SO2 SIP revisions Schedules, OAC 3745–18–04 Department of Environmental because the approval condition cited in Measurement Methods and Procedures, Management). However, because the Federal Register on August 23, 1994 and OAC 3745–18–37 Hamilton County Seagram’s letter did not create a (59 FR 43287) has been satisfied. The Emission Limits, supplemented by an federally enforceable limitation, USEPA State of Indiana submitted acceptable administrative order for Cincinnati Gas required that the State of Indiana adopt SO2 SIP revisions, as required, and and Electric’s Miami Fort facility. the Seagram restriction and submit it to USEPA approved them in a direct final Ohio’s submittal, including the USEPA as a revision to the Indiana SO2 action on February 9, 1996 (61 FR 4897). background information, attainment SIP. As indicated in the August 23, 1994, demonstration, and compliance On the basis of Seagram’s September conditional approval, the USEPA has methodologies, is discussed in detail in 1, 1992 commitment, Ohio submitted determined that the Ohio SO2 SIP the January 27, 1994, proposed supplementary modeling data to USEPA revisions for Hamilton County satisfy conditional approval (59 FR 3809). which demonstrated that if the Seagram section 110(A)(2) of the Clean Air Act Comments on the proposed conditional facility did not operate the two boilers and are fully approvable at this time. It approval were addressed in the August simultaneously on coal or fuel oil, the is important to note that if USEPA 23, 1994, final conditional approval (59 predicted SO2 NAAQS violation in receives adverse or critical comments on FR 43287). Dearborn County would be eliminated. the SO2 SIP revision for Seagram, the USEPA has reviewed this modeling and receipt of such comments may affect the II. Conditional Approval Issue determined that it is acceptable. effective date of USEPA’s approval of The Hamilton County SO2 SIP was Because USEPA had determined that the Hamilton County, Ohio SO2 SIP. conditionally approved by USEPA the emission limits and control The USEPA is publishing this action because of an issue related to the air measures in the SO2 SIP revision for without prior proposal because USEPA dispersion modeling analysis submitted Hamilton County would be enforceable views this action as a noncontroversial by Ohio to demonstrate that the revised and would provide for attainment of the revision and anticipates no adverse SO2 SIP limits would ensure attainment SO2 NAAQS, USEPA proposed to comments. However, the rulemaking of the SO2 NAAQS in the Hamilton conditionally approve the Hamilton will not be deemed final if timely County area. The State’s modeled County SO2 SIP while the State of unaddressed adverse or critical Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24459 comments are filed. The ‘‘direct final’’ constitute Federal inquiry into the enforce its requirements. (See section approval shall be effective on July 15, economic reasonableness of the State 307(b)(2).) 1996, unless USEPA receives such action. The Clean Air Act forbids List of Subjects in 40 CFR Part 52 adverse or critical comments by June 14, USEPA to base its actions concerning 1996. The USEPA is now soliciting SIPs on such grounds.Union Electric Co. Environmental protection, Air public comments on this action. Any v. USEPA, 427 U.S. 246, 256–66 (S.Ct. pollution control, Incorporation by parties interested in commenting on this 1976); 42 U.S.C. 7410(a)(2). reference, Sulfur oxides. action should do so at this time. In the Section 202 of the Unfunded proposed rules section of this Federal Mandates Reform Act of 1995 Note: Incorporation by reference of the (‘‘Unfunded Mandates Act’’), signed State Implementation Plan for the State of Register, USEPA is publishing a Ohio was approved by the Director of the separate document which constitutes a into law on March 22, 1995, requires Federal Register on July 1, 1982. that the USEPA prepare a budgetary ‘‘proposed approval’’ of the requested Dated: February 14, 1996. SIP revision. If warranted by comments impact statement before promulgating a adverse to or critical of the approval rule that includes a Federal mandate David A. Ullrich, discussed above, which have not been that may result in expenditure by State, Acting Regional Administrator. addressed by the State or USEPA, local, and tribal governments, in For the reasons set forth in the USEPA will publish a Federal Register aggregate, or by the private sector, of preamble 40 CFR part 52 is amended as document which withdraws the final $100 million or more in any one year. follows: action. The USEPA will then address Section 203 requires the USEPA to public comments received in a establish a plan for obtaining input from PART 52Ð[AMENDED] subsequent rulemaking document based and informing, educating, and advising on the proposed approval. any small governments that may be 1. The authority citation for part 52 Nothing in this action should be significantly or uniquely affected by the continues to read as follows: construed as permitting, allowing or rule. Authority: 42 U.S.C. 7401–7671q. establishing a precedent for any future Under section 205 of the Unfunded request for revision to any SIP. The Mandates Act, the USEPA must identify Subpart KKÐOhio USEPA shall consider each request for and consider a reasonable number of revision to the SIP in light of specific regulatory alternatives before 2. Section 52.1870 is amended by technical, economic, and environmental promulgating a rule for which a adding paragraph (c)(92) to read as factors and in relation to relevant budgetary impact statement must be follows: statutory and regulatory requirements. prepared. The USEPA must select from This action has been classified as a those alternatives the least costly, most § 52.1870 Identification of plan. Table 3 action for signature by the cost-effective, or least burdensome * * * * * Regional Administrator under the alternative that achieves the objectives (c) * * * procedures published in the Federal of the rule, unless the USEPA explains Register on January 19, 1989 (54 FR why this alternative is not selected or (92) On October 16, 1991, and March 2214–2225), as revised by a July 10, the selection of this alternative is 17, 1993, the Ohio Environmental 1995, memorandum from Mary Nichols, inconsistent with law. Protection Agency (OEPA) submitted Assistant Administrator for Air and This rule only approves the revisions to the State Implementation Radiation. The Office of Management incorporation of existing state rules into Plan for sulfur dioxide for sources in and Budget (OMB) has exempted this the SIP. It imposes no additional Hamilton County, Ohio. regulatory action from Executive Order requirements. Because this final rule is (i) Incorporation by reference. estimated to result in the expenditure by 12866 review. (A) Ohio Administrative Code (OAC) Under the Regulatory Flexibility Act, State, local, and tribal governments or Rule 3745–18–03 Attainment dates and 5 U.S.C. 600 et seq., USEPA must the private sector of less then $100 compliance time schedules, Sections prepare a regulatory flexibility analysis million in any one year, the USEPA has (A)(2)(c); (B)(7)(a); (B)(7)(b); (C)(8)(a); assessing the impact of any proposed or not prepared a budgetary impact (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); final rule on small entities. (5 U.S.C. 603 statement or specifically addressed the (D)(2); dated October 11, 1991, and and 604.) Alternatively, USEPA may selection of the least costly, most cost- effective on October 31, 1991. certify that the rule will not have a effective, or least burdensome significant impact on a substantial alternative. Because small governments (B) Ohio Administrative Code (OAC) number of small entities. Small entities will not be significantly or uniquely Rule 3745–18–04 Measurement methods include small businesses, small not-for- affected by this rule, the USEPA is not and procedures, Sections (D)(7); profit enterprises, and government required to develop a plan with regard (D)(8)(a) to (D)(8)(e); (E)(5); (E)(6)(a); entities with jurisdiction over to small governments. (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated populations of less than 50,000. Under section 307(b)(1) of the Clean October 11, 1991, and effective on SIP approvals under section 110 and Air Act, petitions for judicial review of October 31, 1991. subchapter I, Part D of the Clean Air Act this action must be filed in the United (C) Ohio Administrative Code (OAC) do not create any new requirements, but States Court of Appeals for the Rule 3745–18–37, Hamilton county simply approve requirements that the appropriate circuit by July 15, 1996. emission limits, dated February 22, State is already imposing. Therefore, Filing a petition for reconsideration by 1993, and effective on March 10, 1993. because the Federal SIP approval does the Administrator of this final rule does (D) Director’s Final Findings and not impose any new requirements, I not affect the finality of this rule for the Order for Cincinnati Gas and Electric certify that it does not have a significant purposes of judicial review nor does it Company, Miami Fort Station, dated impact on any small entities affected. extend the time within which a petition February 22, 1993. Moreover, due to the nature of the for judicial review may be filed, and Federal-State relationship under the shall not postpone the effectiveness of * * * * * Clean Air Act, preparation of a such rule or action. This action may not 3. Section 52.1919 is revised to read regulatory flexibility analysis would be challenged later in proceedings to as follows. 24460 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

§ 52.1919 Identification of plan-conditional direct final rule (61 FR 3827) which EPA disagrees that there is no legal approval. announced that this rule would take basis for this statement. Section (a) The plan commitments listed effect in 60 days, or April 2, 1996, 503(b)(2) of the Act requires a permittee below were submitted on the dates unless EPA received adverse comment ‘‘to promptly report any deviations from specified. on the rule within 30 days of permit requirements to the permitting (1) [Reserved] publication in response to a notice of authority.’’ This requirement to report (2) On April 20, 1994, Ohio submitted proposed rulemaking published on the deviations promptly is distinct from Rule 3745–35–07, entitled ‘‘Federally same day (61 FR 3893). EPA also section 504(a) of the Act which requires Enforceable Limitations on Potential to committed to withdraw the direct final the results of all monitoring to be Emit,’’ and requested authority to issue rule in the event it received adverse submitted no less often than every six such limitations as conditions in State comment, and to respond to any adverse months. The Act clearly distinguishes operating permits. On June 16, 1994, comments in a subsequent final between the routine semi-annual Ohio submitted a commitment to revise rulemaking action. EPA did receive a reporting of all monitoring, whether or Rule 3745–35–07 to clarify that the rule timely adverse comment on this rule. not deviations have occurred, from the provides for USEPA objection to permits EPA failed, however, to withdraw the requirements to report deviations that after issuance. The revisions are final rule within the 60 days given in may be violations of the Act and that at approved provided Ohio fulfills this the direct final rule, and the rule took least provide an indication of potential commitment by October 25, 1995. effect on April 2, 1996. compliance problems. It makes sense (i) Incorporation by reference. that Congress would expect permittees (A) Rule 3745–35–07, adopted April In this document, EPA is responding to the comment it received, but for the to report potential Act violations more 4, 1994, effective April 20, 1994. quickly than routine monitoring that (b) (Reserved) reasons stated below, EPA is not changing the final rule in response to confirms compliance. Additionally, the [FR Doc. 96–12119 Filed 5–14–96; 8:45 am] that comment. For reasons unrelated to statute has a clear requirement for BILLING CODE 6560±50±P the comment, EPA is correcting a prompt reporting of deviations and EPA clerical error in the effective date of the believes that six months is not prompt rule, as explained below. Had EPA when dealing with information that may 40 CFR Part 70 withdrawn the direct final rule prior to document a violation of the Clean Air [AD-FRL±5461±6] its going into effect, EPA would have Act. Second, in the February 2, 1996 taken final action based on the proposal rulemaking, EPA proposes interim Clean Air Act Interim Approval of to promulgate a rule identical to the approval of the program regulation Operating Permits Program; direct final rule that went into effect. unless the Commonwealth changes its Delegation of Section 112 Standards; Rather than now take the action of State of Massachusetts rule to ensure that all ‘‘significant’’ withdrawing the direct final rule only to monitoring changes, not just AGENCY: Environmental Protection repromulgate simultaneously an ‘‘relaxations’’ are processed as Agency (EPA). identical rule, however, EPA in this significant changes. NEDA/CARP points ACTION: Final rule. action is deciding to maintain the rule out that this change may not be required unchanged. EPA believes that when the proposed changes to Part 70 SUMMARY: On February 2, 1996, the withdrawal and repromulgation are are finalized and requests EPA take this Environmental Protection Agency unnecessary since the results would be issue into consideration before the state published a proposed and direct final identical to that obtained simply by revises its procedures. rule promulgating interim approval of leaving the rule unchanged and EPA understands the concerns of the Operating Permits Program responding to the comments in this NEDA/CARP, but EPA is obligated to submitted by the Commonwealth of document. This document provides evaluate the Commonwealth’s program Massachusetts for the purpose of interested parties an opportunity to based on Part 70 rules promulgated on complying with the Federal review how EPA addressed the July 21, 1992. Once the proposed requirements of an approved program to comment, and to petition for review of changes to Part 70 are finalized, EPA issue operating permits to all major EPA’s action in this final rulemaking and the Commonwealth will revisit this stationary sources, and to certain other within 60 days of publication of this matter and address it consistent with sources, with the exception of Indian document, as provided in section the program transition provisions of the Lands. This submittal for the operating 307(b)(1) of the Act. revised Part 70 regulations. permits program was made by the Commonwealth of Massachusetts on I. Summary of Comments and II. Final Rulemaking Action Responses April 28, 1995. The 30-day comment Except for the effective date, as period for these documents concluded EPA received two comments from the explained below, EPA is not modifying on March 4, 1996. Also in this National Environmental Development the interim approval to the operating document, EPA is correcting the date for Association’s Clean Air Regulatory permits program associated with the the interim approval of the Operating Project (NEDA/CARP). First, NEDA/ February 2, 1996 direct final rulemaking Permits Program for the Commonwealth CARP disagrees with EPA’s statement in response to the comments EPA of Massachusetts. that ‘‘prompt reporting [of deviations] received. The State must make the EFFECTIVE DATE: This final rule is must be more frequent than the semi- changes specified in the proposed effective on May 15, 1996. annual reporting requirement, given this rulemaking, under II.A.2., Regulations FOR FURTHER INFORMATION CONTACT: Ida is a distinct reporting obligation under and Program Implementation, in order E. Gagnon, Air Permits Program, CAP, Section 70.6(a)(3)(iii)(A).’’ NEDA/CARP to be granted full approval. U.S. Environmental Protection Agency, believes there is no legal basis for such This interim approval, which may not Region 1, JFK Federal Building, Boston, a statement. Therefore, NEDA/CARP be renewed, extends for a period of up MA 02203–2211, (617) 565–3500. asserts EPA has no basis for expecting to 2 years. During the interim approval SUPPLEMENTARY INFORMATION: On deviations to be reported more often period, the Commonwealth is protected February 2, 1996, EPA published a than every 6 months. from sanctions for failure to have a Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24461 program, and EPA is not obligated to the rule’s submission to Congress or the $100 million or more. Under Section promulgate a Federal permits program date of publication. The rule has been 205, EPA must select the most cost- in the Commonwealth. Permits issued submitted to Congress, therefore, this effective and least burdensome under a program with interim approval final rulemaking will be effective May alternative that achieves the objectives have full standing with respect to Part 15, 1996. of the rule and is consistent with 70, and the 1-year time period under the III. Administrative Requirements statutory requirements. Section 203 Act for submittal of permit applications requires EPA to establish a plan for by subject sources begins upon interim A. Docket informing and advising any small approval, as does the 3-year time period Copies of the Commonwealth’s governments that may be significantly for processing the initial permit submittal and other information relied or uniquely impacted by the rule. applications. upon for the final interim approval, EPA has determined that the action The scope of the Commonwealth of including public comments received promulgated today does not include a Massachusetts’ part 70 program applies and reviewed by EPA on the proposal, Federal mandate that may result in to all part 70 sources (as defined in the are maintained in a docket at the EPA approved program) within the Regional Office. The docket is an estimated costs of $100 million or more Commonwealth of Massachusetts, organized and complete file of all the to either State, local, or tribal except any sources of air pollution over information submitted to, or otherwise governments in the aggregate, or to the which an Indian Tribe has jurisdiction. considered by, EPA in the development private sector. This Federal action See, e.g., 59 FR 55813, 55815–18 (Nov. of this final interim approval. The approves preexisting requirements 9, 1994). The term ‘‘Indian Tribe’’ is docket is available for public inspection under State or local law, and imposes defined under the Act as ‘‘any Indian at the location under the ADDRESSES no new Federal requirements. tribe, band, nation, or other organized section of this document. Accordingly, no additional costs to group or community, including any State, local, or tribal governments, or to Alaska Native village, which is B. Opportunity for Judicial Review the private sector, result from this Federally recognized as eligible for the Under section 307(b)(1) of the Clean action. special programs and services provided Air Act, petitions for judicial review of by the United States to Indians because this action must be filed in the United List of Subjects in 40 CFR Part 70 of their status as Indians.’’ See section States Court of Appeals for the Environmental protection, 302(r) of the CAA; see also 59 FR 43956, appropriate circuit by July 15, 1996. Administrative practice and procedure, 43962 (Aug. 25, 1994); 58 FR 54364 Filing a petition for reconsideration by Air pollution control, Intergovernmental (Oct. 21, 1993). the Administrator of this final rule does EPA is also not modifying its approval not affect the finality of this rule for the relations, Operating permits, Reporting of DEP’s authority to implement and purposes of judicial review nor does it and recordkeeping requirements. enforce section 112 standards at Part 70 extend the time within which a petition Dated: April 2, 1996. sources. Requirements for operating for judicial review may be filed, and John P. DeVillars, permit program approval, specified in shall not postpone the effectiveness of Regional Administrator, Region I. 40 CFR 70.4(b), encompass section such rule or action. This action may not 112(l)(5) requirements for approval of a be challenged later in proceedings to Part 70, title 40 of the Code of Federal program for delegation of section 112 enforce its requirements. (See section Regulations is amended as follows: standards as promulgated by EPA as 307(b)(2).) they apply to Part 70 sources. Section PART 70Ð[AMENDED] 112(l)(5) requires that the State’s C. Executive Order 12866 program contain adequate authorities, The Office of Management and Budget 1. The authority citation for part 70 adequate resources for implementation, has exempted this action from Executive continues to read as follows: and an expeditious compliance Order 12866 review. schedule, which are also requirements Authority: 42 U.S.C. 7401, et seq. under Part 70. Therefore, the EPA has D. Regulatory Flexibility Act 2. Appendix A to part 70 is amended also granted approval under section The EPA’s actions under section 502 by revising the entry for Massachusetts 112(l)(5) and 40 CFR 63.91 of the State’s of the Act do not create any new to reflect the dates of the final program for receiving delegation of requirements, but simply address section 112 standards that are operating permits programs submitted rulemaking to read as follows: unchanged from Federal standards as to satisfy the requirements of 40 CFR Appendix A to Part 70—Approval promulgated. This program for Part 70. Because this action does not Status of State and Local Operating delegations only applies to sources impose any new requirements, it does Permits Programs covered by the Part 70 program. not have a significant impact on a EPA is hereby correcting a mistaken substantial number of small entities. * * * * * effective date for our interim approval. Massachusetts The prior document indicated an E. Unfunded Mandates effective date of March 4, 1996, 30 days Under Section 202 of the Unfunded (a) Department of Environmental from the date of publication of the Mandates Reform Act of 1995 Protection: submitted on April 28, 1995; document rather than the correct date of (‘‘Unfunded Mandates Act’’), signed interim approval effective on April 2, 1996; April 2, 1996, 60 days from the date of into law on March 22, 1995, EPA must interim approval expires April 2, 1998. publication of the document. In light of prepare a budgetary impact statement to (b) (Reserved) the Small Business Regulatory accompany any proposed or final rule * * * * * Enforcement Act (SBREFA) which that includes a Federal mandate that [FR Doc. 96–12077 Filed 5–14–96; 8:45 am] became effective on March 29, 1996 may result in estimated costs to State, BILLING CODE 6560±50±P prior to the April 2, 1996 corrected date, local, or tribal governments in the the rule will take effect on the latter of aggregate; or to the private sector, of 24462 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

FEDERAL EMERGENCY FOR FURTHER INFORMATION CONTACT: became effective March 1, 1995. Also, a MANAGEMENT AGENCY Charles M. Plaxico, Jr., Federal new condominium policy, effective Emergency Management Agency, October 1, 1994, has resulted in much 44 CFR Part 62 Federal Insurance Administration, 500 higher limits of coverage for C Street SW., Washington, DC 20472, RIN 3067±AC47 condominiums. (202) 646–3422. Recent analysis of loss experience SUPPLEMENTARY INFORMATION: National Flood Insurance Program; The during the last year, especially in Financial Assistance/Subsidy Allocated Loss Adjustment Expense connection with Hurricane Opal Arrangement (‘‘the Arrangement’’) (October 1995), shows that there have AGENCY: Federal Insurance between the Federal Insurance Administration (FEMA). Administrator and licensed property/ been significantly more losses at higher ACTION: Interim Final Rule. casualty insurers participating in the damage thresholds, particularly for WYO program was last modified condominiums. The current fee SUMMARY: This interim final rule effective October 1, 1994. The schedule, which has not been revised modifies the existing allocated loss Arrangement specifies allowable costs for nearly five years, needs to be adjustment expense fee schedule of the and fees to be reimbursed to member adjusted to reflect these factors as well National Flood Insurance Program WYO companies for adjusting losses as the increased workload to adjust (NFIP) 1994 Write Your Own (WYO) under this segment of the National claims for condominium losses and the Program under the Financial Flood Insurance Program (NFIP). For increased costs of labor, overhead, Assistance/Subsidy Arrangement (the allocated loss adjustments, participating materials, and transportation since the Arrangement). The rule changes the fee WYO companies are reimbursed last fee schedule change. schedule to add new, refined loss ranges pursuant to a fee schedule, which is In light of these factors and in and to revise the fees for adjusting Attachment A to Appendix A of the anticipation of this year’s hurricane higher ranges of covered losses under Arrangement. The current fee schedule the NFIP. provides for allowable fees for ranges of season, there is an urgent need to revise DATES: This interim final rule is losses, the last range being ‘‘$200,000 to the current adjuster fee schedule and effective on May 15, 1996. Please submit limits.’’ make it effective upon publication of any comments in writing by July 1, Since the publication of the this interim final rule. FEMA finds that 1996. Arrangement, however, the limits of there is a compelling need and good ADDRESSES: We request comments on flood insurance coverage available cause to waive the 30-day effective date this interim final rule. Please submit under the National Flood Insurance requirements of the Administrative any comments to the Rules Docket Program (NFIP) increased significantly Procedure Act, 5 U.S.C. 553(d). This Clerk, Office of the General Counsel, under the National Flood Insurance interim final rule is effective on the date Federal Emergency Management Reform Act of 1994 (P.L. 103–325). The of publication in the Federal Register. Agency, 500 C Street SW., room 840, higher limits of coverage and Currently, the fee schedule under the Washington, DC 20472, (facsimile) correspondingly higher amounts of Arrangement is as follows: (202)646–4536. recovery for insured property owners

EXHIBIT A.ÐFEE SCHEDULE

Range (by covered loss) Fee

Erroneous Assignment ...... $40.00 Closed Without Payment ...... 125.00 Minimum for Upton-Jones Claims ...... 800.00 $0.01 to $600.00 ...... 150.00 $600.01 to $1,000.00 ...... 175.00 $1,000.01 to $2,000.00 ...... 225.00 $2,000.01 to $3,500.00 ...... 275.00 $3,500.01 to $5,000.00 ...... 350.00 $5,000.01 to $7,000.00 ...... 425.00 $7,000.01 to $10,000.00 ...... 500.00 $10,000.01 to $15,000.00 ...... 550.00 $15,000.01 to $25,000.00 ...... 600.00 $25,000.01 to $35,000.00 ...... 675.00 $35,000.01 to $50,000.00 ...... 750.00 $50,000.01 to $100,000.00 ...... 1,000.00 $100,000.01 to $150,000.00 ...... 1,300.00 $150,000.01 to $200,000.00 ...... 1,600.00 $200,000.01 to limits ...... 2,000.00 [Note: Allocated fee schedule entry value is covered loss under the policy asked on the standard deductibles ($500 and $500) and limited to the amount of insurance purchased.]

This interim final rule revises the reflect the higher limits of coverage amount of technical effort required to adjuster fee schedule as follows to available for condominiums and the adjust losses for condominiums: Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24463

EXHIBIT A.ÐFEE SCHEDULE

Range (by covered loss) Fee

Erroneous Assignment ...... $40.00. Closed Without Payment ...... 125.00. Minimum for Upton-Jones Claims ...... 800.00. $0.01 to $600.00 ...... 150.00. $600.01 to $1,000.00 ...... 175.00. $1,000.01 to $2,000.00 ...... 225.00. $2,000.01 to $3,500.00 ...... 275.00. $3,500.01 to $5,000.00 ...... 350.00. $5,000.01 to $7,000.00 ...... 425.00. $7,000.01 to $10,000.00 ...... 500.00. $10,000.01 to $15,000.00 ...... 550.00. $15,000.01 to $25,000.00 ...... 600.00. $25,000.01 to $35,000.00 ...... 675.00. $35,000.01 to $50,000.00 ...... 750.00. $50,000.01 to $100,000.00 ...... 3.0%. $100,000.01 to $250,000.00 ...... 2.3% but not less than $3,000. $250,000.01 and up ...... 2.1% but not less than $5,750. Note: Based on Gross Loss. (1) ``Gross loss'' shall mean the agreed cost to repair or replace before application of depreciation, deductible, or other limiting clauses or con- dition. (2) For the purpose of this schedule, should the loss exceed the available coverage, ``gross loss'' shall mean the total amount of coverage. (3) If the claim involves a salvage ``buy-back,'' ``gross loss'' shall mean the amount of the claim before the salvage value is deducted. (4) If the insured qualifies for replacement cost coverage, ``gross loss'' is determined on the basis of the entire replacement cost claim (includ- ing depreciation holdback).

National Environmental Policy Act Paperwork Reduction Act Accordingly, 44 CFR part 62, Exhibit A, is amended as follows: This interim final rule is categorically This interim final rule does not excluded from the requirements of 44 contain a collection of information and PART 62ÐSALE OF INSURANCE AND CFR Part 10, Environmental is therefore not subject to the provisions ADJUSTMENT OF CLAIMS Consideration. No environmental of the Paperwork Reduction Act of 1995. impact assessment has been prepared. 1. The authority citation for Part 62 Executive Order 12612, Federalism Executive Order 12866, Regulatory continues to read as follows: Planning and Review This interim final rule involves no Authority: 42 U.S.C. 4001 et seq.; This interim final rule is not a policies that have federalism Reorganization Plan No. 3 of 1978, 43 FR significant regulatory action as defined implications under Executive Order 41943, 3 CFR 1978 Comp., p. 329; E.O. 12127 under Executive Order 12866 of 12612, Federalism, dated October 26, of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. September 30, 1993, Regulatory 1987. Planning and Review, 58 FR 51735, Executive Order 12778, Civil Justice 2. Exhibit A of Appendix A to part 62 October 4, 1993. To the extent possible, Reform is revised to read as follows: this interim final rule adheres to the principles of regulation set forth in This interim final rule meets the Appendix A to Part 62—Federal Executive Order 12866. This interim applicable standards of section 2(b)(2) of Emergency Management Agency, final rule has not been reviewed by the Executive Order 12778. Federal Insurance Administration, Financial Assistance/Subsidy Office of Management and Budget under List of Subjects in 44 CFR Part 62 the provisions of Executive Order Arrangement 12866. Claims, Flood Insurance. * * * * *

EXHIBIT A.ÐFEE SCHEDULE

Range (by covered loss) Fee

Erroneous Assignment ...... $40.00. Closed Without Payment ...... 125.00. Minimum for Upton-Jones Claims ...... 800.00. $0.01 to $600.00 ...... 150.00. $600.01 to $1,000.00 ...... 175.00. $1,000.01 to $2,000.00 ...... 225.00. $2,000.01 to $3,500.00 ...... 275.00. $3,500.01 to $5,000.00 ...... 350.00. $5,000.01 to $7,000.00 ...... 425.00. $7,000.01 to $10,000.00 ...... 500.00. $10,000.01 to $15,000.00 ...... 550.00. $15,000.01 to $25,000.00 ...... 600.00. $25,000.01 to $35,000.00 ...... 675.00. $35,000.01 to $50,000.00 ...... 750.00. $50,000.01 to $100,000.00 ...... 3.0%. $100,000.01 to $250,000.00 ...... 2.3% but not less than $3,000. 24464 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

EXHIBIT A.ÐFEE SCHEDULEÐContinued

Range (by covered loss) Fee

$250,000.01 and up ...... 2.1% but not less than $5,750. Note: Based on Gross Loss. (1) ``Gross loss'' shall mean the agreed cost to repair or replace before application of depreciation, deductible, or other limiting clauses or con- dition. (2) For the purpose of this schedule, should the loss exceed the available coverage, ``gross loss'' shall mean the total amount of coverage. (3) If the claim involves a salvage ``buy-back,'' ``gross loss'' shall mean the amount of the claim before the salvage value is deducted. (4) If the insured qualifies for replacement cost coverage, ``gross loss'' is determined on the basis of the entire replacement cost claim (includ- ing depreciation holdback).

(Catalog of Federal Domestic Assistance No. was the subject of FR Doc. 96–213, is 9. Page 964, in the first column, in 83.100, ‘‘Flood Insurance’’) corrected as follows: paragraph (d)(1) of § 177.410, add the Dated: May 8, 1996. words ‘‘for more than 12 persons’’ after Elaine A. McReynolds, § 116.202 [Corrected] the word ‘‘accommodations’’ and before Administrator. 1. Page 901, in the second column, in the word ‘‘must’’. [FR Doc. 96–12019 Filed 5–14–96; 8:45 am] paragraph (b)(6)(x) of § 116.202, fourth § 180.15 [Corrected] BILLING CODE 6718±03±P line, remove ‘‘cognizant OCMI’’ and add, in its place, ‘‘Commanding Officer, 10. Page 976, in the second column, Marine Safety Center’’. in paragraph (e) of § 180.15, paragraph DEPARTMENT OF TRANSPORTATION 2. Page 903, in footnote 1 of Table (e) is corrected to read as follows: 116.415(b) BULKHEADS, remove ‘‘.025 * * * * * Coast Guard kPa’’ and add, in its place, ‘‘2.5 kg/m2’’. 3. On the same page, in footnote 1 of (e) New installations of lifesaving 46 CFR Parts 170, 171 and 173 and Table 116.415(c) DECKS, remove ‘‘.025 equipment on an existing vessel, which Chapter I, Subchapter K and T kPa’’ and add, in its place, ‘‘2.5 kg/m2’’. are completed to the satisfaction of the cognizant Officer in Charge, Marine [CGD 85±080] § 117.15 [Corrected] Inspection, (OCMI) on or after March 11, RIN 2115±AC22 4. Page 912, at the top of the first 1996, must comply with the regulations column, § 117.15, paragraph (d) is in this part. Replacement of existing Small Passenger Vessel Inspection corrected to read as follows: lifesaving equipment installed before and Certification; Correction * * * * * March 11, 1996, must meet the AGENCY: Coast Guard, DOT. (d) New installations of lifesaving requirements of paragraph (a) of this section. ACTION: Correction to interim final rule. equipment on an existing vessel, which are completed to the satisfaction of the * * * * * SUMMARY: This document contains cognizant Officer in Charge, Marine § 180.71 [Corrected] corrections to the interim final rule in Inspection, (OCMI) on or after March 11, CGD 85–080, published on Wednesday, 1996, must comply with the regulations 11. Page 977, in the third column, in January 10, 1996, at 61 FR 864. The in this part. Replacement of existing paragraph (d) of § 180.71, remove the regulations relate to the inspection and lifesaving equipment installed before words ‘‘of the interim rules’’ after the certification of small passenger vessels March 11, 1996, must meet the words ‘‘March 11, 1999,’’ and before the (less than 100 gross tons). requirements of paragraph (a) of this word ‘‘provided’’. EFFECTIVE DATE: These amendments are section. § 180.207 [Corrected] effective on May 15, 1996. * * * * * FOR FURTHER INFORMATION CONTACT: 12. Page 981, in the second column, Lieutenant Eric P. Christensen Marine § 118.320 [Corrected] in paragraph (b) of § 180.207, remove Safety and Environmental Protection 5. Page 918, at the top of the first the words ‘‘buoyant apparatus’’ and Directorate (G–MOS–2), Room 1210, column, in paragraph (c)(1) of § 118.320, add, in its place, ‘‘life floats’’. U.S. Coast Guard Headquarters, 2100 ‘‘§ 160.027’’ is corrected to read Second Street SW., Washington, DC ‘‘§ 162.027’’. § 181.320 [Corrected] 20593–0001, (202) 267–1181 or fax (202) 13. Page 983, in the first column, in 267–4570. § 122.115 [Corrected] paragraph (d)(1) of § 181.320. SUPPLEMENTARY INFORMATION: The 6. Page 936, in the second column, in ‘‘§ 160.027’’ is corrected to read interim final rule that is the subject of paragraph (a) of § 122.115, ‘‘§ 162.027’’. these corrections regulates small ‘‘§ 122.602(b)’’ is corrected to read passenger vessels (less than 100 gross ‘‘§ 122.602(c)’’. § 181.500 [Corrected] tons). § 175.540 [Corrected] 14. Page 986, in the first column, in Need for Correction 7. Page 951, in the second column, in paragraph (d) of § 181.500, ‘‘paragraph As published, the IFR contains paragraph (b) of § 175.540, remove the (d) ’’ is corrected to read ‘‘paragraph typographical errors and omissions that word ‘‘pending’’ before International (c)’’. may prove to be misleading and that Maritime Organization. § 182.430 [Corrected] therefore need correction. § 177.410 [Corrected] 15. Page 989, in the third column, in Correction of Publication 8. Page 963, in the third column, in paragraph (k) of § 182.430, remove ‘‘135 Accordingly, the IFR published on paragraph (c)(3) of § 177.410, remove kPa (5 psig)’’ and add, in its place, ‘‘105 January 10, 1996 [CGD 85–080], which the word ‘‘of’’ after § 76.27. kPa (15 psig)’’. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24465

§ 183.530 [Corrected] modifies the license of Station 269C1 at Denison-Sherman are 33–41– 16. Page 1002, in the second column, KDVE(FM) to specify operation on the 39 and 96–34–38. Channel 252A can be in paragraph (c) of § 183.530, higher powered channel. To allotted Jacksboro with a site restriction ‘‘subchapter S of the chapter.’’ is accommodate the allotment of Channel of 3.4 kilometers (2.1 miles) northwest. corrected to read ‘‘subchapter J of this 269C1 at Denison-Sherman, the The coordinates for Channel 252A at chapter.’’ Commission also substitutes Channel Jacksboro are 33–14–26 and 98–11–16. 282C2 for Channel 270C2 at Paris, Channel 282C2 and Channel 273A can § 185.115 [Corrected] Texas, and modifies Station be allotted Paris, Texas, and Madill, 17. Page 1005, in the second column, KBUS(FM)’s license; substitutes Oklahoma, respectively, at the in paragraph (a) of § 185.115, Channel 273A for Channel 272A at transmitter sites specified in Station ‘‘§ 185.602(b)’’ is corrected to read Madill, Oklahoma, and modifies Station KBUS(FM) and Station KMAD(FM)’s ‘‘§ 185.602(c)’’. KMAD(FM)’s license; and substitutes authorizations. The coordinates for § 185.602 [Corrected] Channel 252A for Channel 269A as well Channel 282C2 at Paris are 33–45–04 as, a change of transmitter site for and 95–24–51. The coordinates for 18. Page 1010, in the first column, in Station KAIH(FM) at Jacksboro, Texas, Channel 273A at Madill are 34–06–24 paragraph (c) of § 185.602, add the word and modifies Station KAIH(FM)’s and 96–46–30. ‘‘or’’ after the word ‘‘chapter,’’ and construction permit accordingly. See 60 List of Subjects in 47 CFR Part 73 before the words ‘‘in accordance with’’. FR 40814, August 10, 1995. See § 185.614 [Corrected] Supplemental Information, infra. With Radio broadcasting. 19. Page 1011, at the bottom of the this action, this proceeding is Part 73 of title 47 of the Code of first column, the section designated terminated. Federal Regulations is amended as ‘‘§ 122.614’’ is correctly designated EFFECTIVE DATE: June 21, 1996. follows: ‘‘§ 185.614’’. FOR FURTHER INFORMATION CONTACT: Pam PART 73Ð[AMENDED] Dated: May 7, 1996. Blumenthal, Mass Media Bureau, (202) Joseph J. Angelo, 418–2180. 1. The authority citation for part 73 Director for Standards, Marine Safety and SUPPLEMENTARY INFORMATION: This is a continues to read as follows: synopsis of the Commission’s Report Environmental Protection. Authority: Secs. 303, 48 Stat., as amended, [FR Doc. 96–11898 Filed 5–14–96; 8:45 am] and Order, MM Docket No. 95–126, 1082; 47 U.S.C. 154, as amended. adopted April 29, 1996, and released BILLING CODE 4910±14±M May 7, 1996. The full text of this § 73.202 [Amended] Commission decision is available for 2. Section 73.202(b), the Table of FM inspection and copying during normal FEDERAL COMMUNICATIONS Allotments under Texas, is amended by business hours in the FCC Reference COMMISSION removing Channel 269C3 and adding Center (Room 239), 1919 M Street, NW., Channel 269C1 at Denison-Sherman, 47 CFR Part 73 Washington, DC. The complete text of and by removing Channel 270C2 and this decision may also be purchased adding Channel 282C2 at Paris, and by [MM Docket No. 95±126; RM±8671] from the Commission’s copy contractor, removing Channel 269A and adding ITS, Inc., (202) 857–3800, 2100 M Radio Broadcasting Services; Channel 252A at Jacksboro. Street, NW., Suite 140, Washington, DC Denison-Sherman, Paris, Jacksboro, 3. Section 73.202(b), the Table of FM 20037. TX, and Madill, OK Allotments under Oklahoma, is Channels 269C1, 282C2, 252A, and amended by removing Channel 272A AGENCY: Federal Communications 273A can be allotted to Denison- and adding 273A at Madill. Commission. Sherman, Paris, Jacksboro, Texas, and Federal Communications Commission. ACTION: Final rule. Madill, Oklahoma, in compliance with the Commission’s minimum distance Andrew J. Rhodes, SUMMARY: The Commission, at the separation requirements. Channel 269C1 Acting Chief, Allocations Branch, Policy and request of Hunt Broadcasting, Inc., can be allotted to Denison-Sherman Rules Division, Mass Media Bureau. substitutes Channel 269C1 for Channel without the imposition of a site [FR Doc. 96–12163 Filed 5–14–96; 8:45 am] 269C3 at Denison-Sherman, Texas, and restriction. The coordinates for Channel BILLING CODE 6712±01±F 24466

Proposed Rules Federal Register Vol. 61, No. 95

Wednesday, May 15, 1996

This section of the FEDERAL REGISTER (1) Another nation’s claims of Comments to the 1982 rule objected to contains notices to the public of the proposed jurisdiction and control which conflict the proposal to extend the bid review issuance of rules and regulations. The with the claims of the United States, or, process from 60 to 120 days because of purpose of these notices is to give interested (2) Defense-related activities that may economic losses to the bidders whose persons an opportunity to participate in the high bids were later rejected. (High rule making prior to the adoption of the final be incompatible with mineral rules. exploration and/or development bidders received no interest payments activities. on bonus monies returned by the Government.) Today, regulations Any bid not accepted within that period DEPARTMENT OF THE INTERIOR provide for the payment of interest on is deemed rejected. the bonus monies submitted with the 30 CFR Part 256 The 90-day period was established in high bids which are ultimately rejected. 1982. Since then, we have held several Thus, bidders will not suffer economic sales, mainly areawide. The Outer RIN 1010±AC18 loss because of an extended time period Continental Shelf Deep Water Royalty to complete the evaluation process. Leasing of Sulphur or Oil and Gas in Relief Act (Pub. L. 104–58, November In Central Gulf of Mexico Sale 157, the Outer Continental Shelf 28, 1995) amended the Outer held April 24, 1996, we received 1,381 Continental Shelf Lands Act to define a bids on 924 tracts—many in water AGENCY: Minerals Management Service new bidding system which provides for depths of 200 or more. It is in the public (MMS), Interior. royalty suspensions. The deepwater interest to assure that adequate time is ACTION: Notice of proposed rulemaking. incentive law did not amend the available to give all high bids a full and requirement that we obtain fair market appropriate review, to ensure the receipt SUMMARY: MMS proposes to modify value for tracts that are leased. Any of fair market value, and ultimately to regulations to allow the authorized lease sale held before November 28, increase natural gas and oil supplies. 2000, must use the new bidding system officer to extend the time period within Author: This document was prepared by which we must accept or reject the high for all tracts located in water depths of Mary Vavrina, Offshore Resource Evaluation bids received on tracts offered for sale. 200 meters or more in the Gulf of Division, MMS. Currently, the authorized officer must Mexico west of 87 degrees, 30 minutes Executive Order (E.O.) 12866 accept or reject high bids on most tracts west longitude. We believe that the within 90 days after the date on which increased workload resulting from The proposed rule does not meet the the bids are opened. compliance with the new statutory criteria for a significant rule requiring requirements and the potential for a review by the Office of Management and DATES: MMS will consider all comments received by June 14, 1996. We will large number of tracts to receive bids Budget under E.O. 12866. may exceed our ability to complete the begin reviewing comments at that time Regulatory Flexibility Act bid review process for all tracts bid and may not fully consider comments The Department of the Interior has we receive after June 14, 1996. upon within 90 days as required by 30 CFR 256.47(e)(2). determined that the proposed rule will ADDRESSES: Mail or hand-carry We propose to remedy the situation not have a significant effect on a comments to the Department of the by giving the authorized officer substantial number of small entities. In Interior; Minerals Management Service; authority to extend the time period for general, the entities that engage in 381 Elden Street; Mail Stop 4700; 30 days or longer when circumstances offshore activities are not, by definition, Herndon, Virginia 22070–4817; warrant. Recent examples include small due to the technical complexities Attention: Chief, Engineering and floods and furloughs; however, other and financial resources and experience Standards Branch. circumstances such as excessive necessary to safely conduct such FOR FURTHER INFORMATION CONTACT: workload may arise which could activities. The indirect effect of this Dr. Marshall Rose, Chief, Economic warrant a longer time for bid evaluation. rulemaking on small entities that provide support for offshore activities Evaluation Branch, telephone (703) This rule addresses a housekeeping has also been determined to be small. 787–1536. issue and will enable us to adjust the SUPPLEMENTARY INFORMATION: We bid acceptance/rejection time period to Paperwork Reduction Act limited the comment period to 30 days meet changing conditions in the OCS The proposed rule contains no new to provide us with timely comments in lease market. Continuation of the 90-day reporting and information collection the event that we need to extend the bid review period would result in the requirements. evaluation period for the lease sale held rejection of the high bids which we fail on April 24, 1996. to evaluate within 90 days. This would Takings Implication Assessment The time to accept or reject high bids result in fewer leases being issued The DOI certifies that the proposed for tracts offered at an Outer Continental because of a failure to complete the bid rule does not represent a governmental Shelf (OCS) lease sale is established review process within time and resource action capable of interference with under the regulations at 30 CFR 256.47. constraints. The Government may constitutionally protected property The authorized officer must accept or receive less bonus and rental monies. rights. A Takings Implication reject the high bids within 90 days after Today, without authority to extend Assessment prepared under E.O. 12630, the bid opening, except for tracts the bid review period, the 1982 90-day Government Action and Interference identified by the Secretary of the rule allows insufficient time and is with Constitutionally Protected Property Interior as subject to: arbitrarily rigid. Rights, is not required. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24467

E.O. 12988 ENVIRONMENTAL PROTECTION Engineer, Air Programs Branch, (AR– AGENCY 18J), United States Environmental The DOI has certified to the Office of Protection Agency, Region 5, Chicago, Management and Budget that the 40 CFR Part 52 Illinois 60604, (312) 353–5954. proposed rule meets the applicable [OH16±3±7264b; FRL±5439±5] SUPPLEMENTARY INFORMATION: For reform standards provided in Section additional information, see the direct 3(b)(2) of E.O. 12988. Approval and Promulgation of final rule published in the rules section National Environmental Policy Act Implementation Plans; Ohio of this Federal Register. AGENCY: Environmental Protection Dated: February 14, 1996. The DOI has determined that the Agency. David A. Ullrich, proposed rule does not constitute a Acting Regional Administrator. major Federal action significantly ACTION: Proposed rule. [FR Doc. 96–12120 Filed 5–14–96; 8:45 am] affecting the quality of the human SUMMARY: The United States BILLING CODE 6560±50±P environment; therefore, an Environmental Protection Agency environmental impact statement is not (USEPA) proposes to approve a State required. revision to the Ohio sulfur dioxide State DEPARTMENT OF HEALTH AND Unfunded Mandate Reform Act of 1995 Implementation Plan (SO2 SIP), HUMAN SERVICES submitted on October 16, 1991, and This rule does not contain any supplemented on March 17, 1993. This Administration for Children and unfunded mandates to State, local, or revision revises the SO2 emission Families tribal governments or the private sector. limitations applicable to Hamilton County. The SIP revision was 45 CFR Part 1311 List of Subjects in 30 CFR Part 256 conditionally approved on August 23, 1994 (59 FR 43287), and the condition RIN 0970±AB56 Administrative practices and has been satisfied. procedures, Continental shelf, Head Start Program In the final rules section of this Government contracts, Incorporation by Federal Register, the USEPA is AGENCY: Administration on Children, reference, Oil and gas exploration, publishing a full approval of the State’s Youth and Families (ACYF), Public lands—mineral resources, SIP revision request as a direct final rule Administration for Children and Reporting and recordkeeping without prior proposal, because USEPA Families (ACF), Department of Health requirements, Surety bonds. views this action as a noncontroversial and Human Services (HHS). Dated: May 2, 1996. revision and anticipates no adverse ACTION: Notice of proposed rulemaking. Sylvia V. Baca, comments. A detailed rationale for the approval is set forth in the direct final SUMMARY: The Administration on Assistant Secretary, Land and Minerals Management. rule. If no adverse comments are Children, Youth and Families is issuing received in response to these actions, no this Notice of Proposed Rulemaking to For the reasons set forth in the further activity is contemplated in implement a new statutory provision preamble, we propose to amend 30 CFR relation to this proposed rule. authorizing the Secretary to create a part 256 as follows: If USEPA receives timely comments Head Start Fellows Program for staff in adverse to or critical of the approval, local Head Start programs or other PART 256ÐLEASING OF SULPHUR OR which have not been addressed by the individuals working in the field of child OIL AND GAS IN THE OUTER State or USEPA, the direct final rule development, child care, early CONTINENTAL SHELF will be withdrawn and all public childhood education, health, and family comments received will be addressed in services. 1. The Authority citation for part 256 a subsequent final rule based on this DATES: In order to be considered, continues to read as follows: proposed rule. Any parties interested in comments on this proposed rule must commenting on this action should do so Authority: 43 U.S.C. 1331 et seq. be received on or before July 15, 1996. at this time. ADDRESSES: Please address comments to 2. Section 256.47(e)(2) is revised to DATES: Comments on this proposed rule the Associate Commissioner, Head Start read as follows: must be received on or before June 14, Bureau, Administration on Children, 1996. Youth and Families, P.O. Box 1182, § 256.47 Award of leases. ADDRESSES: Written comments should Washington, D.C. 20013. Beginning 14 * * * * * be mailed to: J. Elmer Bortzer, Chief, days after close of the comment period, (e) * * * Regulation Development Section, Air comments will be available for public (2) The authorized officer must accept Programs Branch (AR–18J), United inspection in Room 2222, 330 C Street, or reject the bid within 90 days. The States Environmental Protection S.W., Washington, D.C. 20201, Monday Agency, Region 5, 77 West Jackson through Friday between the hours of authorized officer may extend the time Boulevard, Chicago, Illinois 60604. 9:00 a.m. and 4:00 p.m. period for acceptance or rejection of a Copies of the State submittal and Comments that concern information bid for 30 days or longer, if USEPA’s analysis of it are available for collection requirements must be sent to circumstances warrant. Any bid not inspection at: Air and Radiation the Office of Management and Budget at accepted within the prescribed time Division, Air Programs Branch, United the address listed in the Paperwork period, including any extension thereof, States Environmental Protection Reduction Act section of this preamble. shall be deemed rejected. Agency, Region 5, 77 West Jackson A copy of these comments may also be * * * * * Boulevard, Chicago, Illinois 60604. sent to the Department cited above. [FR Doc. 96–12167 Filed 5–14–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310±MR±M Mary Onischak, Environmental Dennis Gray, Head Start Bureau, 24468 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

Administration on Children, Youth and opportunities to expand the knowledge Start Fellows may be located in: (1) the Families, P.O. Box 1182, Washington, and experience of local Head Start national and regional offices D.C. 20013; (202) 205–8404. program staff and others in the field of administering Head Start within the child development. Department of Health and Human SUPPLEMENTARY INFORMATION: The Head Start Bureau regards the Services; (2) local Head Start agencies I. Program Purpose HSFP as part of an overall strategy to and programs; (3) institutions of higher Public Law 103–252, the Human promote staff and career development. education; (4) public or private entities Services Amendments of 1994, Through placements in national and and organizations concerned with amended the Head Start Act to regional Head Start offices, local Head services to children and families; and authorize the creation of a Head Start Start programs, institutions of higher (5) other appropriate settings. Fellows Program (HSFP), which will learning and other offices concerned In accordance with section support professional development of with child and family services, Head 648A(d)(3)(B) of the Act, paragraph (c) individuals working in Head Start or Start Fellows will gain an provides that a Head Start Fellow who related programs. understanding of the policy making is not an employee of a local Head Start The Head Start Bureau is pleased with process to complement their experience agency or program may only be placed the opportunity to develop the HSFP. as practitioners in the field. Another in: (1) the national or regional offices The Bureau anticipates that the HSFP important goal of the Program will be to within the Department of Health and will provide Head Start Fellows with a bring the valuable perspective and Human Services that administer Head unique opportunity to be exposed to experience of practitioners to the Start; or (2) local Head Start agencies. activities, issues, resources, and new national policy making process. The Act also specifies that Head Start approaches through placements that Section 1311.2 Definitions Fellows may not be placed in any will include national and regional Head agency whose primary purpose, or one Start offices, academia, and other public This section defines references to the Act, Associate Commissioner for the of whose major purposes, is to influence or private nonprofit entities and Federal, State or local legislation. This organizations concerned with services Head Start Bureau and the term Head Start Fellows. provision is reflected in paragraph (d) of to children and families. The Head Start this section. Bureau will benefit from the valuable Section 1311.3 Application Process Section 1311.5 Duration of perspectives brought by the Fellows This section refers to the application currently working in Head Start and Fellowships and Status of Head Start process for individuals who wish to Fellows other programs across America to the apply for the HSFP. An annual national policy making process. announcement of the availability and Paragraph (a) of this section specifies II. Summary of the Proposed number of Fellowships will be that Head Start Fellowships will last for Regulation published in the Federal Register and a term of one year, and may be renewed for a term of one additional year. The authority for this Notice of advertised widely to ensure a broad base Paragraphs (b) and (c) include the Proposed Rulemaking (NPRM) is section of applicants. requirement in Section 648A(d)(7) of the 1150 of Public Law 103–252, the Human Section 1311.4 Qualifications, Act which states that, except where Services Amendments of 1994 (the Act) Selection, and Placement otherwise provided, Head Start Fellows which added section 648A(d) to the Paragraph (a) of this section sets forth shall not be considered to be employees, Head Start Act (42 U.S.C. 9843). Section the requirements in the Act which or otherwise in the service or 648A(d) authorizes the Secretary to specifies that an applicant must be employment, of the Federal establish a program of Head Start working, on the date of application, in Government. Head Start Fellows shall Fellowships. Section 648A(d)(6) a local Head Start program or in the be considered to be employees of the authorizes the Secretary to make field of child development and family Federal Government for the purposes of expenditures not to exceed $1,000,000 services. For applicants not currently compensation for injuries under chapter for any fiscal year for stipends and other working in a local Head Start program, 81 of title 5, United States Code. Head reasonable expenses for the Fellows the HSFP will look for individuals Start Fellows assigned to the national or Program. Additional authority is found working in programs or on projects that regional offices within the Department in section 648A(d)(8), which mandates share the goals of Head Start and a of Health and Human Services shall be that the Secretary promulgate common commitment to the support of considered employees in the Executive regulations to carry out section 648A(d). families and children. The Head Start The Act specifies: Branch of the Federal Government for • To whom Fellowships may be Bureau hopes to attract a highly talented the purposes of chapter 11 of Title 18, competitively awarded; and diverse group of people. The United States Code, and for the • Placement locations for Head Start qualifications of the applicants for Head purposes of any administrative Fellows; Start Fellowship positions will be standards of conduct applicable to the • The duration of Head Start competitively reviewed. The Associate employees of the agency to which they Fellowships; and Commissioner for Head Start will make are assigned. • The status of Head Start Fellows. the final selection of the Head Start Fellows. IV. Impact Analysis III. Section by Section Discussion of the The number of Head Start Fellows Executive Order 12866 NPRM each year will largely be a function of The following is a section by section the annual budget, Head Start priorities This Notice of Proposed Rulemaking discussion of the provisions in the rule. and the capacity of the various implements the statutory authority to placement offices. The Act precludes create a HSFP. Congress authorized Section 1311.1 Head Start Fellows Federal employees from participating in expenditures allotted under section Program Purpose the HSFP. 640(a)(2)(D), not to exceed $1 million. This section describes the purpose of Paragraph (b) of this section specifies This section allows for expenditures at the HSFP which is to provide that the placement positions for Head the Secretary’s discretion and is a Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24469 percentage of the annual existing (Catalog of Federal Domestic Assistance § 1311.4 Qualifications, selection, and appropriation. Program Number 93.600, Project Head Start) placement. Dated: April 1, 1996. Regulatory Flexibility Act of 1980 (a) The Act specifies that an applicant Mary Jo Bane, must be working on the date of The Secretary certifies that this rule Assistant Secretary for Children and Families. application in a local Head Start will not have a significant impact on For the reasons set forth in the program or otherwise working in the substantial numbers of small entities. Preamble, 45 CFR Chapter XIII is field of child development and family Paperwork Reduction Act proposed to be amended by adding a services. The qualifications of the new Part 1311 as follows: applicants for Head Start Fellowship Under the Paperwork Reduction Act positions will be competitively of 1995, Public Law 104–13, all PART 1311ÐHEAD START FELLOWS reviewed. The Associate Commissioner Departments are required to submit to PROGRAM will make the final selection of the Head the Office of Management and Budget Start Fellows. (OMB) for review and approval of any Sec. 1311.1 Head Start Fellows Program (b) Head Start Fellows may be placed reporting or record-keeping requirement in: inherent in a proposed or final rule. purpose. 1311.2 Definitions. This NPRM contains an information (1) The Head Start national and 1311.3 Application process. regional Offices; collection requirement in section 1311.3 1311.4 Qualifications, selection, and with regard to the application process placement. (2) Local Head Start agencies and for individuals applying for the HSFP. 1311.5 Duration of Fellowships and status programs; The respondents are the applicants. The of Head Start Fellows. (3) Institutions of higher education; Department needs to require an Authority: 42 U.S.C. 9801 et seq. application process in order to make (4) Public or private entities and determinations about the applicants’ § 1311.1 Head Start Fellows Program organizations concerned with services eligibility to participate in the HSFP. purpose. to children and families; and The frequency of responses from (a) This Part establishes regulations (5) Other appropriate settings.. applicants (new) will be annual. The implementing section 648A(d) of the (c) A Head Start Fellow who is not an Administration for Children and Head Start Act, as amended, 42 U.S.C. employee of a local Head Start agency Families will consider comments by the 9801 et seq., applicable to the or program may only be placed in the public on the proposed requirement for administration of the Head Start Fellows national or regional offices within the applications in evaluating the accuracy Program, including selection, Department of Health and Human of our estimate of the burden hours. We placement, duration and status of the Services that administer Head Start or estimate that it will take approximately Head Start Fellows. local Head Start agencies. two hours per applicant to supply the (b) As provided in section 648A(d) of (d) Head Start Fellows shall not be relevant information. Although we do the Act, the Head Start Fellows Program placed in any agency whose primary not know how many individuals will is designed to enhance the ability of purpose, or one of whose major complete the application process for Head Start Fellows to make significant purposes is to influence Federal, State this new program, we anticipate contributions to Head Start and to other or local legislation. receiving approximately 200 child development and family services applications per year (this figure may programs. § 1311.5 Duration of Fellowships and increase or decrease). The total burden status of Head Start Fellows. estimate at this time is approximately § 1311.2 Definitions. 400 hours. This section will be As used in this part: (a) Head Start Fellowships will be for terms of one year, and may be renewed submitted to OMB for review and Act means the Head Start Act, as for a term of one additional year. approval in accordance with the amended, 42 U.S.C. 9801 et seq. Paperwork Reduction Act. Associate Commissioner means the (b) For the purposes of compensation OMB is required to make a decision Associate Commissioner of the Head for injuries under chapter 81 of title 5, concerning the collections of Start Bureau in the Administration on United States Code, Head Start Fellows information contained in these Children, Youth and Families. shall be considered to be employees, or otherwise in the service or employment, proposed regulations between 30 and 60 Head Start Fellows means individuals of the Federal Government. days after publication of this document who participate in the Head Start in the Federal Register. Therefore, a Fellows Program, who may be staff in (c) Head Start Fellows assigned to the comment is best assured of having its local Head Start programs or other national or regional Offices within the full effect if OMB receives it within 30 individuals working in the field of child Department of Health and Human days of publication. This does not affect development and family services. Services shall be considered employees the deadline for the public to comment in the Executive Branch of the Federal to the Department on the proposed § 1311.3 Application process. Government for the purposes of chapter regulations. Written comments to OMB An individual who wishes to obtain a 11 of Title 18, United States Code, and should be sent directly to the following Fellowship must submit an application for the purposes of any administrative address: Office of Management and to the Associate Commissioner. The standards of conduct applicable to the Budget, Paperwork Reduction Project, Administration for Children and employees of the agency to which they 725 17th Street, N.W. Washington D.C. Families will publish an annual are assigned. 20503, Attn: Ms. Wendy Taylor. announcement of the availability and [FR Doc. 96–12124 Filed 5–14–96; 8:45 am] List of Subjects in 45 CFR Part 1311 number of Fellowships in the Federal BILLING CODE 4184±01±P Register. Federal employees are not Head Start Fellows, Head Start. eligible to apply. 24470 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

FEDERAL COMMUNICATIONS (October 29, 1992) the Commission and (3) build and test the new COMMISSION reallocated the 1850–1990, 2110–2150, microwave (or alternative) system. Once and 2160–2200 MHz bands from private comparable facilities are made available 47 CFR Parts 15, 22, and 24 and common carrier fixed microwave to the incumbent microwave operator, [WT Docket No. 95±157; RM±8643; FCC 96± services to emerging technology the Commission will amend the 2 GHz 196] services. The Commission also license of the incumbent to secondary established procedures for 2 GHz status. After relocation, the microwave Microwave Relocation Rules; microwave incumbents to be relocated incumbent is entitled to a one-year trial Comment Request for Blocks C to available frequencies in higher bands period to determine whether the Through F or to other media, by encouraging facilities are indeed comparable, and if incumbents to negotiate voluntary they are not, the emerging technology AGENCY: Federal Communications relocation agreements with emerging licensee must remedy the defects or pay Commission. technology licensees or manufacturers to relocate the incumbent back to its ACTION: Proposed rule. of unlicensed devices when frequencies former or an equivalent 2 GHz used by the incumbent are needed to frequency. SUMMARY: By this Further Notice of implement the emerging technology. 4. Under these procedures, it is Proposed Rule Making, the Commission The First Report and Order stated that, possible for a relocation agreement seeks further comment on certain should negotiations fail, the emerging between a PCS licensee and a aspects of the microwave relocation technology licensee could request microwave incumbent to have rules for C, D, E, and F blocks. involuntary relocation of the incumbent, spectrum-clearing benefits for other PCS Specifically, the Commission seeks provided that the emerging technology licensees as well. First, some microwave further comment on whether to adjust service provider pays the cost of spectrum blocks overlap with one or the negotiation periods by shortening relocating the incumbent to a more PCS blocks, because the spectrum the voluntary negotiation period and comparable facility. in the 1850–1990 MHz band was lengthening the mandatory negotiation 2. In the Commission’s Third Report assigned differently in the two services. period for the D, E, and F blocks, and and Order in ET Docket No. 92–9, 58 FR Second, incumbents’ receivers may be whether the negotiation periods for the 46547 (September 2, 1993) as modified susceptible to adjacent or co-channel C block should be subject to the same on reconsideration by the Memorandum interference from PCS licensees in more adjustment. The Commission also seeks Opinion and Order, 59 FR 19642 (April than one PCS spectrum block. For comment on whether microwave 25, 1994) the Commission established example, a microwave link located incumbents should be permitted to seek additional details of the transition plan partially in Block A, partially in Block reimbursement from PCS licensees to enable emerging technology providers D, and adjacent to Block B, may cause through participation in the cost-sharing to relocate incumbent facilities. The interference to or receive interference plan. The Commission believes that the relocation process consists of two from PCS licensees that are licensed in rules proposed herein, will expedite the negotiation periods that must expire each of those blocks. Third, because clearing of the 2 GHz band in an before an emerging technology licensee most 2 GHz microwave licensees equitable and efficient manner. may request involuntary relocation. The operate multi-link systems, PCS DATES: Comments must be filed on or first is a fixed two-year period for licensees may be asked to relocate links before May 28, 1996 and reply voluntary negotiations—three years for that do not directly encumber their own comments on or before June 7, 1996. public safety incumbents, e.g., police, spectrum or service area in order to ADDRESSES: Federal Communications fire, and emergency medical— obtain the microwave incumbent’s Commission, 1919 M Street, N.W., commencing with the Commission’s voluntary consent to relocate. Finally, Washington, DC 20554. acceptance of applications for emerging the Unlicensed PCS Ad Hoc Committee FOR FURTHER INFORMATION CONTACT: technology services, during which the for 2 GHz Microwave Transition and Michael Hamra (202) 418–0620, emerging technology providers and Management Inc. (‘‘UTAM’’), the Wireless Telecommunications Bureau. microwave licensees may negotiate any frequency coordinator for the PCS mutually acceptable relocation spectrum designated for unlicensed SUPPLEMENTARY INFORMATION: This is a agreement. Negotiations are strictly devices, expects that some licensed PCS synopsis of the Further Notice of voluntary. If no agreement is reached, providers will have to relocate links in Proposed Rule Making, adopted April the emerging technology licensee may the unlicensed band that are paired with 24, 1996 and released April 30, 1996. initiate a one-year mandatory links in licensed PCS spectrum. The The complete text of this Further Notice negotiation period—or two-year Commission has designated UTAM to of Proposed Rule Making is available for mandatory period if the incumbent is a coordinate relocation in the 1910–1930 inspection and copying during normal public safety licensee—during which MHz band, which has been reallocated business hours in the FCC Reference the parties are required to negotiate in for unlicensed PCS devices. Once the Center, Room 230, 1919 M Street, N.W., good faith. 1910–1930 MHz band is clear, or there Washington, D.C., and also may be 3. Should the parties fail to reach an is little risk of interference to the purchased from the Commission’s copy agreement during the mandatory remaining incumbents, and UTAM has contractor, International Transcription negotiation period, the emerging recovered its relocation costs, UTAM’s Service, at (202) 857–3800, 2100 M technology provider may request role will end and it will be dissolved. Street, N.W., Suite 140, Washington, involuntary relocation of the existing 5. Because the Commission is D.C. 20037. facility. Involuntary relocation requires licensing PCS providers at different FURTHER NOTICE OF PROPOSED RULE that the emerging technology provider times and multiple PCS licensees may MAKING (1) guarantee payment of all costs of benefit from the relocation of a relocating the incumbent to a microwave system or even a single link, I. Background comparable facility; (2) complete all the first PCS licensee in the market 1. In the First Report and Order and activities necessary for placing the new potentially bears a disproportionate Third Notice of Proposed Rule Making facilities into operation, including share of relocation costs. Subsequent in ET Docket No. 92–9, 57 FR 49020 engineering and frequency coordination; PCS licensees to enter the market may Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24471 therefore obtain a windfall. As a result A. Voluntary and Mandatory B blocks, there are no ongoing of this potential ‘‘free rider’’ problem, Negotiation Periods for C, D, E, and F negotiations currently taking place in the first PCS licensee in the market Blocks reliance on the current rules. The might not relocate a link or might delay 9. The Commission agrees with Commission seeks comment on whether its deployment of PCS if it believes that commenters, however, that changing the shortening the voluntary period and another PCS licensee will relocate the negotiation timetable for PCS blocks lengthening the mandatory negotiation link first, thus paying for some or all of other than the A and B blocks may not period for C block would facilitate the the relocation costs. In addition, unless raise the same concerns. In the case of development of PCS in this band and cost-sharing is adopted, PCS licensees the D, E, and F blocks, bidding has not what effect it would have on might not engage in relocation that is commenced and there are no ongoing negotiations between C block licensees cost-effective if viewed from an negotiations between PCS licensees and and microwave incumbents. industry-wide perspective. For example, incumbents. Therefore, the Commission a link that encumbers two PCS blocks believes it is appropriate to consider B. Microwave Incumbent Participation might not be moved if the cost is greater whether the relocation process in these in Cost-Sharing Plan than the benefit to any single licensee, blocks would benefit from adjusting the even though the joint benefit received 12. The Commission tentatively negotiation periods. Specifically, the concludes that microwave incumbents by two or more licensees exceeds the Commission seeks comment on whether that relocate themselves should be cost of relocating the link. to adjust the negotiation periods for the allowed to obtain reimbursement rights 6. In 1994, PCIA proposed a cost- D, E, and F blocks by shortening the sharing plan to alleviate the free rider voluntary negotiation period by one and collect reimbursement under the problem, which the Commission found year and lengthening the mandatory cost-sharing plan from later-entrant PCS to be attractive in theory but dismissed period by one year. Under this licensees that would have interfered as underdeveloped. On May 5, 1995, approach, non-public safety incumbents with the relocated link. The Pacific Bell (‘‘PacBell’’) filed a Petition would have a one-year negotiation Commission agrees with incumbents for Rulemaking. In its petition, PacBell period instead of the two-year that allowing incumbent participation proposed a detailed cost-sharing plan in negotiation period provided under might facilitate system-wide relocations which PCS licensees on all blocks, current rules, and the mandatory and could potentially expedite the licensed and unlicensed, would share in negotiation period would be lengthened deployment of PCS. The Commission is the cost of relocating microwave from one to two years. Similarly, public concerned, however, about what the stations. On May 16, 1995, the safety incumbents would have a two- incentive would be for an incumbent to Commission requested comment on year voluntary negotiation period minimize costs, if the incumbent knows PacBell’s proposal. Most parties that instead of a three-years period, and a in advance that it may be able to recover commented on PacBell’s Petition for three-year mandatory negotiation period some of its expenses from PCS Rulemaking supported the cost-sharing instead of a two-year period. licensees. The Commission seeks concept, although the comments 10. This approach could potentially comment, therefore, on how subsequent reflected some differences regarding the accelerate the development of PCS in PCS licensees could be protected from details of the proposal. On October 12, the D, E, and F blocks by speeding up being required to pay a larger amount to 1995, the Commission adopted a Notice the negotiation process and creating an incumbent that relocates itself than of Proposed Rule Making, 60 FR 55529 additional incentives for incumbents to (November 1, 1995) which sought to another PCS licensee who has an enter into early agreements. At the same incentive to minimize expenses. In comment on a modified version of the time, while incumbents would be addition, the Commission also questions plan proposed by PacBell. required to commence mandatory whether a large number of incumbents 7. The Commission also adopted and negotiations sooner than under the released with this Further Notice of existing rules, they would have the would avail themselves of such an Proposed Rule Making, the First Report same total amount of time for option, given that the Commission’s and Order changing and clarifying negotiations provided under the existing rules require PCS licensees to pay for certain aspects of the microwave rules before they become subject to the entire cost of providing incumbents relocation rules adopted in the involuntary relocation. The Commission with comparable facilities. Assuming Commission’s Emerging Technologies seeks comment on whether this the Commission allows incumbent proceeding, ET Docket No. 92–9. adjustment would effectively balance participation, the Commission seeks the interests of PCS licensees in comment on whether, for purposes of II. Further Notice of Proposed Rule the cost-sharing formula, the Making bringing service to the public quickly and the interest of microwave Commission should treat incumbents as 8. In this Further Notice of Proposed incumbents in making a smooth if they were the initial PCS relocator. Rule Making, the Commission seeks transition to relocated facilities. comment on whether to shorten the 11. Finally, the Commission seeks III. Conclusion voluntary negotiation period and comment on whether to make the same 13. The Commission believes that the lengthen the mandatory negotiation changes discussed above to the rules proposed in this Further Notice of period for the D, E, and F blocks. The voluntary and mandatory negotiation Proposed Rule Making will promote the Commission also seeks comment on periods applicable to C block. The public policy goals set forth by whether the negotiation periods for the Commission notes that C block is in a Congress. The Commission believes that C block should be subject to the same different posture from the D, E, and F the proposals for negotiation and adjustment. Finally, the Commission blocks because the C block auction is proposes that microwave incumbents be ongoing and possibly near conclusion, reimbursement will facilitate the rapid permitted to relocate some of their own and bidding has been based on the relocation of microwave facilities links and obtain reimbursement rights current rules. At the same time, the operating in the 2 GHz band, and will pursuant to the cost-sharing plan voluntary negotiation period for C block allow PCS licensees to offer service to adopted in the First Report and Order. has not yet commenced, so unlike A and the public in an expeditious manner. 24472 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

IV. Procedural Matters entrants would then be required to file by the comment deadlines set forth in a Prior Coordination Notification with this Further NPRM. A. Initial Regulatory Flexibility Act the clearinghouse and, if necessary, B. Ex Parte Rules—Non-Restricted As required by Section 603 of the reimburse the incumbent for relocation Proceeding Regulatory Flexibility Act, the expenses. Commission has prepared an Initial Federal Rules Which Overlap, This is a non-restricted notice and Regulatory Flexibility Analysis (IRFA) Duplicate or Conflict With These Rules: comment rulemaking proceeding. Ex of the expected impact on small entities None. parte presentations are permitted except of the policies and rules proposed in Description, Potential Impact, and during the Sunshine Agenda period, this Further NPRM (Further Notice). Number of Small Entities Involved: This provided they are disclosed as provided Written public comments are requested proposal would benefit small PCS in Commission rules. on the IRFA. licensees by facilitating negotiations Reason for Action: This rulemaking with microwave incumbents and C. Comment Period proceeding was initiated to secure allowing them to bring their services to Pursuant to applicable procedures set comment on whether the negotiation market sooner. This proposal would forth in Sections 1.415 and 1.419 of the period for the D, E, and F block PCS also benefit small microwave Commission’s rules, interested parties licensees should be adjusted by incumbents by enabling them to relocate may file comments on or before May 28, shortening the voluntary period by one their entire system at once and collect 1996, and reply comments on or before year (i.e., to one year for non-public reimbursement from PCS licensees who June 7, 1996. To file formally in this safety incumbents and two years for benefit from the resulting clearance of proceeding, you must file an original public safety incumbents) and the spectrum. Such incumbents would and four copies of all comments, reply lengthening the mandatory negotiation therefore benefit from the reduced time comments, and supporting comments. If period for these blocks by a and administrative inconvenience you want each Commissioner to receive corresponding year (i.e., to two years for involved with relocating links at non-public safety incumbents and three different times. The 2 GHz fixed a personal copy of your comments, you years for public safety incumbents); microwave bands support a number of must file an original plus nine copies. whether the negotiation periods for the industries that provide vital services to You should send comments and reply C block should be subject to the same the public. We are committed to comments to Office of the Secretary, readjustments as the negotiation periods ensuring that the incumbents’ services Federal Communications Commission, for the D, E, and F blocks; and whether are not disrupted and that the economic Washington, D.C. 20554. Comments and microwave incumbents should be impact of this proceeding on the reply comments will be available for permitted to seek reimbursement from incumbents is minimal. We must further public inspection during regular PCS licensees through the cost-sharing take into consideration that not all of business hours in the Reference Center plan. This proposal would facilitate the incumbent licensees are large of the Federal Communications negotiations between the parties and businesses, particularly in the bands Commission, Room 239, 1919 M Street, promote the efficient relocation of above 2 GHz, and that many of the N.W., Washington, D.C. 20554. A copy microwave licensees by encouraging licensees are local government entities of all comments should also be filed microwave incumbents to relocate their that are not funded through rate with the Commission’s copy contractor, own microwave systems, thus bringing regulation. We believe that this ITS, Inc., 2100 M Street, N.W., Suite PCS services to the public in an speedy proceeding would further our policy of 140, (202) 857–3800. manner. encouraging rapid deployment of PCS D. Authority Objectives: Our objective is to and system-wide relocations of facilitate negotiations between PCS microwave incumbents. After evaluating Authority for issuance of this Further licensees and microwave incumbents. comments filed in response to the Notice of Proposed Rule Making is This proposal would also enable Further NPRM, the Commission will contained in the Communications Act, microwave incumbents who pay to examine further the impact of all rule Sections 4(i), 7, 303(c), 303(f), 303(g), relocate their own links to collect changes on small entities and set forth 303(r), and 332, 47 U.S.C. 154(i), 157, reimbursement from PCS licensees that its findings in the Final Regulatory 303(c), 303(f), 303(g), 303(r), 332, as benefit from the relocation. Cost-sharing Flexibility Analysis. amended. Significant Alternatives Minimizing is necessary to enhance the speed of E. Ordering Clauses relocation and provide an incentive to the Impact on Small Entities Consistent incumbents to move their own links. with the Stated Objectives: We have It is ordered that the Initial Regulatory This action would result in faster reduced burdens wherever possible. The Flexibility Analysis, as required by deployment of PCS and delivery of regulatory burdens we have retained are Section 604 of the Regulatory Flexibility service to the public. necessary in order to ensure that the Act, and as set forth in Section VII(A) Legal Basis: The proposed action is public receives the benefits of is Adopted. authorized under the Communications innovative new services in a prompt It is further ordered that the Secretary Act, Sections 4(i), 7, 303(c), 303(f), and efficient manner. We will continue shall send a copy of this Further Notice 303(g), 303(r), and 332, 47 U.S.C. 154(i), to examine alternatives in the future of Proposed Rule Making to the Chief 303(c), 303(f), 303(g), 303(r), 332, as with the objectives of eliminating Counsel for Advocacy of the Small amended. unnecessary regulations and minimizing Business Administration. Reporting, Record keeping, and Other any significant economic impact on Compliance Requirements: Under the small entities. List of Subjects proposal contained in the Further IRFA Comments: We request written 47 CFR Part 22 NPRM, microwave incumbents who public comment on the foregoing Initial relocate their own links would be Regulatory Flexibility Analysis. Radio. required to document the relocation Comments must have a separate and 47 CFR Part 24 costs paid and report them to a central distinct heading designating them as clearinghouse. Later PCS market responses to the IRFA and must be filed Personal communications services. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24473

47 CFR Part 101 government property rental procedures. purposes, perform required maintenance, and restore the property to its condition prior to Fixed microwave services. After evaluating the public comments, DoD made substantive revisions to the rental. Federal Communications Commission. proposed class deviation. (b) General. (1) Rental requests must be William F. Caton, Therefore, DoD now proposes to submitted to the administrative Contracting Acting Secretary. deviate from the clause at FAR 52.245– Officer, identify the property for which rental is requested, propose a rental period, and [FR Doc. 96–12269 Filed 5–14–96; 8:45 am] 9 as follows: calculate an estimated rental charge by using BILLING CODE 6712±01±P Part 52—Solicitation Provisions and the Contractor’s best estimate of rental time Contract Clauses in the formulae described in paragraph (c) of this clause. DEPARTMENT OF DEFENSE 52.245–9 Use and Charges (2) The Contractor shall not use This deviation authorizes DoD to use government property for commercial 48 CFR Part 52 the following clauses in lieu of the purposes until a rental charge for real clause at 52.245–9. The clause requires property, or estimated rental charge for other Federal Acquisition Regulation; Use property, is agreed upon. Rented property contractors, for real property and and Charges Clause Class Deviation shall be used only on a non-interference associated fixtures, to obtain certified basis. AGENCY: Department of Defense (DoD). property appraisals that compute a (c) Rental charge. (1) Real property and ACTION: Notice of proposed class monthly, daily, or hourly rental rate for associated fixtures. (i) The Contractor shall deviation. comparable commercial property. obtain, at its expense, a property appraisal Rental charges would be determined by from an independent licensed, accredited, or SUMMARY: The Department of Defense multiplying the rental time by an certified appraiser that computes a monthly, (DoD) is proposing a class deviation appraisal rental rate expressed as a rate daily, or hourly rental rate for comparable from the Federal Acquisition Regulation per hour. For other government commercial property. The appraisal may be (FAR) that simplifies the method of property, rental charges are based upon used to compute rentals under this clause determining rental charges for the property’s acquisition cost and the throughout its effective period or, if an government property. The proposed actual rental time. The clause permits effective period is not stated in the appraisal, for one year following the date the appraisal class deviation will allow defense contractors to request that the was performed. The Contractor shall submit contractors to propose rental charges for Government consider alternate rental the appraisal to the administrative the commercial use of government charge methods for either real or other Contracting Officer at least 30 days prior to property and real property while property if the contractor considers a the date the property is needed for revisions to the FAR are being drafted. time-based rental to be unreasonable or commercial use. Except as provided in DATES: Comments on the proposed class impracticable. paragraph (c)(1)(iii) of this clause, the deviation should be submitted in USE AND CHARGES (APR 1984) administrative Contracting Officer shall use writing to the address shown below on (DEVIATION) the appraisal rental rate to determine a or before June 14, 1996 to be considered reasonable rental charge. (a) Definitions. As used in this clause— (ii) Rental charges shall be determined by Acquisition cost means the acquisition cost in the formulation of the final class multiplying the rental time by the appraisal recorded in the Contractor’s property control deviation. rental rate expressed as a rate per hour. system or, in the absence of such record, the ADDRESSES: Interested parties should value attributed by the Government to a Monthly or daily appraisal rental rates shall submit written comments to: Ms. government property item for purposes of be divided by 720 or 24, respectively, to Angelena Moy, MPI, Room 3E144, determining a reasonable rental charge. determine an hourly rental rate. Pentagon, Washington, DC 20301–3000. Government property means property (iii) When the administrative Contracting FAX (703) 695–7596. owned or leased by the Government. Officer has reason to believe the appraisal Real property means land and rights in rental rate is not reasonable, he or she shall FOR FURTHER INFORMATION CONTACT: promptly notify the Contractor and provide Ms. Angelena Moy, telephone (703) land, ground improvements, utility distribution systems, and buildings and other his or her rationale. The parties may agree on 695–1098. structures. It does not include foundations an alternate means for computing a reasonable rental charge. SUPPLEMENTARY INFORMATION: and other work necessary for installing special tooling, special test equipment, or (2) Other government property. The A. Background equipment. Contractor may elect to calculate the final A notice of proposed class deviation Rental period means the calendar period rental charge using the appraisal method described in paragraph (c)(1) of this clause was published in the Federal Register during which government property is made available for commercial purposes. subject to the constraints therein or the on September 6, 1995 (60 FR 46259). Rental time means the number of hours, to following formula in which rental time shall DoD proposed to deviate from the clause the nearest whole hour, rented property is be expressed in increments of not less than at FAR 52.245–9 to expedite actually used for commercial purposes. It one hour with portions of hours rounded to implementation of simplified includes time to set up the property for such the next higher hour—

(Rental Time in hours) (.02 per month) (Acquisition Cost) Rental charge = 720 hours per month

(3) Alternate methodology. The Contractor Officer. If a time is not specified, the rental Payment shall be made by check payable to may request consideration of an alternate is due 60 days following completion of the the Treasurer of the United States and sent basis for computing the rental charge if it rental period. The Contractor shall calculate to the payment office specified in this considers a time-based rental unreasonable or the rental due, and furnish records or other contract or by electronic funds transfer to impractical. supporting data in sufficient detail to permit that office. (d) Rental payments. (1) Rent is due at the the administrative Contracting Officer to (2) Interest will be charged if payment is time and place specified by the Contracting verify the rental time and computation. not made by the specified payment date or, 24474 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules in the absence of a specified date, the sixty- No. 538 to: Surface Transportation (b) Except as otherwise provided in first day following completion of the rental Board, Office of the Secretary, Case paragraph (c) of this section, the period. Interest will accrue at the Control Branch, 1201 Constitution provisions of this part apply to any ‘‘Renegotiation Board Interest Rate’’ Avenue, N.W., Washington, DC 20423. transportation or service provided by a (published in the Federal Register semiannually on or about January 1st and FOR FURTHER INFORMATION CONTACT: pipeline carrier subject to the July 1st) for the period in which the rent is Beryl Gordon, (202) 927–7513. [TDD for jurisdiction of the Surface due. the hearing impaired: (202) 927–5721.] Transportation Board under 49 U.S.C. (3) The Government’s acceptance of any SUPPLEMENTARY INFORMATION: The 15301. rental payment under this clause, in whole Board’s decision discussing this (c) The provisions of this part do not or in part, shall not be construed as a waiver proposal is available to all persons for apply to any transportation or service or relinquishment of any rights it may have a charge by phoning DC NEWS & DATA, provided by a pipeline carrier to the against the Contractor stemming from the INC., at (202) 289–4357. extent that such transportation or Contractor’s unauthorized use of government service is exempted from rate notice and property or any other failure to perform this The Board certifies that this rule, if contract according to its terms. adopted, would not have a significant disclosure requirements pursuant to 49 (e) Use revocation. At any time during the economic effect on a substantial number U.S.C. 15302. rental period, the Government may revoke of small entities. The proposed rules (d) For the purposes of this part, commercial use authorization and require the should result in easier access to pipeline service terms means all classifications, Contractor, at the Contractor’s expense, to rate and service information and to that rules, and practices that affect the rates, return the property to the Government, extent our action should benefit small charges, or level of service for pipeline restore the property to its pre-rental entities. transportation. condition, or both. The Board seeks comment on whether (f) Unauthorized use. The unauthorized § 1305.2 Disclosure requirement for use of government property can subject a there would be effects on small entities existing rates. person to fines, imprisonment, or both, under that should be considered. If comments provide information that there would be (a) A pipeline carrier must disclose to 18 U.S.C. 641. any person, on request, the specific (End of clause) significant effects on small entities, the Board will prepare a regulatory rate(s) requested (or the basis for List of Subjects in 48 CFR Part 52 flexibility analysis at the final rule stage. calculating the specific rate(s)), as well as all charges and service terms that Government procurement. This action will not significantly affect either the quality of the human may be applicable to transportation Michele P. Peterson, covered by that rate(s). Executive Editor, Defense Acquisition environment or the conservation of energy resources. (b) The information provided by a Regulations Council. pipeline carrier under this section must [FR Doc. 96–12025 Filed 5–14–96; 8:45 am] List of Subjects in 49 CFR Part 1305 be provided immediately. Such BILLING CODE 5000±04±M Disclosure requirement, Notice information may be provided either in requirement, Pipeline carriers. writing or in electronic form as agreed to by the parties. DEPARTMENT OF TRANSPORTATION Decided: May 8, 1996. By the Board, Chairman Morgan, Vice § 1305.3 Response to request for Surface Transportation Board Chairman Simmons, and Commissioner establishment of a new rate. Owen. Where a shipper or a prospective 49 CFR Part 1305 Vernon A. Williams, shipper requests that the carrier [STB Ex Parte No. 538] Secretary. establish a rate in the absence of an For the reasons set forth in the appropriate applicable rate for Disclosure and Notice of Change of preamble, the Board proposes to add a particular transportation, the carrier Rates and Other Service Terms for new part 1305 to title 49, Chapter X, of must promptly establish and provide to Pipeline Common Carriage the Code of Federal Regulations, to read the requester, in writing or in electronic as follows: form as agreed to by the parties, an AGENCY: Surface Transportation Board. appropriate rate and applicable service ACTION: Notice of proposed rulemaking. PART 1305ÐDISCLOSURE AND terms. The response should be provided NOTICE OF CHANGE OF RATES AND as soon as reasonably possible, but no SUMMARY: The ICC Termination Act of OTHER SERVICE TERMS FOR later than 10 business days from receipt 1995 (ICCTA) eliminated the tariff and PIPELINE COMMON CARRIAGE of the request. If a carrier determines tariff filing requirements formerly that additional information is required applicable to pipeline carriers, but Sec. from the requester before a rate or term imposed in lieu thereof certain 1305.1 Scope; definitions. can be established, the carrier must so obligations to disclose common carriage 1305.2 Disclosure requirement for existing notify the requester as soon as possible, rates and service terms as well as a rates. but no later than 10 business days after requirement for advance notice of 1305.3 Response to request for receipt of the request. Once the increases in such rates or changes in establishment of a new rate. 1305.4 Notice requirement. additional information is received, the service terms. ICCTA requires the Board carrier must set the rate and related to promulgate regulations to administer Authority: 49 U.S.C. 721(a) and 15701(e). service terms, and relay them to the these new obligations by June 29, 1996. § 1305.1 Scope; definitions. requester, within 10 business days. The Board proposes to add a new part (a) The provisions of this part address 1305 to its regulations for that purpose the requirements imposed on pipeline § 1305.4 Notice Requirement. as set forth below. carriers by 49 U.S.C. 15701(b) and (a) A pipeline carrier may not increase DATES: Comments are due on June 4, 15701(c). Such requirements apply to any rates or charges, or change any 1996. pipeline carriers only with respect to service terms (except for changes that ADDRESSES: Send comments (an original the transportation of commodities other are equivalent to rate reductions) unless and 10 copies) referring to STB Ex Parte than water, gas, or oil. 20 days have expired after written or Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24475 electronic notice has been provided to NMFS, P.O. Box 21668, Juneau, AK December 31, 1995. The Council all persons who, within the previous 12 99802–1668; Attn: Lori Gravel. The proposed re-authorizing the pollock months: Environmental Assessment/Regulatory CDQ program for an additional 3 years (1) Have requested under section Impact Review/Initial Regulatory as part of Amendment 38 to the FMP, 15701(b) the affected rates or service Flexibility Analysis (EA/RIR/IRFA) may and NMFS approved this amendment terms; or be obtained from the same address or by on November 28, 1995. Regulations (2) Have made a shipment that was calling 907–586–7228. implementing the pollock CDQ program subject to the affected rates or terms; or FOR FURTHER INFORMATION CONTACT: for 1996, 1997, and 1998, were (3) Have made arrangements with the David Ham, 907–586–7228. published on December 12, 1995 (60 FR carrier for a future shipment that would 63654), and corrected on January 2, be subject to the affected rates or terms. SUPPLEMENTARY INFORMATION: 1996 (61 FR 20). (b) The notice required by this section Background The pollock and H/S CDQ programs may be in writing or in electronic form, apportion designated percentages of the as agreed to by the parties. The domestic groundfish fisheries in annual total allowable catch for pollock, (c) For purposes of this section, a the exclusive economic zone of the Gulf Pacific halibut, and fixed gear sablefish mailed notice is deemed ‘‘provided’’ on of Alaska and the Bering Sea and to a CDQ reserve that may be allocated the date such notice is postmarked. Aleutian Islands management area to eligible western Alaska communities. (d) The notice required by this section (BSAI) are managed by NMFS in The purpose of the CDQ program is to must clearly identify the increase in accordance with the Fishery provide the CDQ communities with a rates or charges or the change in service Management Plan for Groundfish of the means for starting or supporting terms. Gulf of Alaska and the Fishery commercial seafood activities that will Management Plan for the Groundfish [FR Doc. 96–12277 Filed 5–14–96; 8:45 am] result in ongoing, regionally based, Fishery of the Bering Sea and Aleutian commercial seafood or related BILLING CODE 4915±00±P Island Area (BSAI FMP). The FMPs businesses. were prepared by the Council and approved by NMFS under the CDQ Eligibility for Akutan DEPARTMENT OF COMMERCE Magnuson Fishery Conservation and The pollock CDQ regulations and the Management Act (Magnuson Act). The H/S CDQ regulations (§ 675.27(d)(2) and National Oceanic and Atmospheric FMPs are implemented by regulations § 676.24(f)(2), respectively), list four Administration that appear at 50 CFR parts 672, 675, criteria for determining the eligibility of and 676. General regulations that also 50 CFR Parts 672, 675, and 676 western Alaska communities to govern the groundfish fisheries appear participate in the CDQ programs. In [Docket No. 960501122±6122±01; I.D. at 50 CFR part 620. 1992, NMFS determined that the city of 042596A] Beginning with the 1995 fishing Akutan met the first three criteria but RIN 0648±AI46 season, the Pacific halibut and sablefish did not meet the fourth criterion. The fixed gear fisheries have been managed fourth criterion states that: ‘‘the Groundfish of the Gulf of Alaska; under the Individual Fishing Quota community must not have previously Groundfish Fishery of the Bering Sea (IFQ) program. The IFQ program is a developed harvesting or processing and Aleutian Islands Area; Limited regulatory regime designed to promote capability sufficient to support Access Management of Federal the conservation and management of substantial groundfish fisheries Fisheries Off of Alaska; Addition of the these fisheries and to further the participation in the BSAI, except if the City of Akutan To the List of objectives of the Magnuson Act and the community can show that benefits from Communities Eligible to Participate in Northern Pacific Halibut Act. Further an approved community development the Community Development Quota information on the implementation of plan (CDP) would be the only way to Programs (CDQ) the IFQ program, and the rationale realize a return from previous supporting it, are contained in the investments.’’ AGENCY: National Marine Fisheries preamble to the final rule implementing Akutan was excluded from CDQ Service (NMFS), National Oceanic and the IFQ Program published in the participation because a large groundfish Atmospheric Administration (NOAA), Federal Register, November 9, 1993 (58 processing plant—the Trident plant— Commerce. FR 59375), and revised in subsequent was located within Akutan’s city limits. ACTION: Proposed rule; request for amendments to the program published Despite the presence of this comments. in the Federal Register. processing plant, the city of Akutan Information on the halibut and apparently gains little benefit. The SUMMARY: NMFS proposes to add the sablefish (H/S) CDQ program, and the Council, at its September 1995, meeting, city of Akutan to the list of western rationale supporting it, are contained in recommended to NMFS that Akutan be Alaska communities that are eligible to the preamble to the proposed rule to added to the list of CDQ-eligible participate in the CDQ programs, to implement the program that was communities. The Council took this remove the authority to use scales to published in the Federal Register on action because the Aleutian Pribilof weigh total catch in the pollock CDQ December 3, 1992 (57 FR 57130). Island Community Development fishery, and to prohibit processor The pollock CDQ program originally Association, a CDQ group, put forward vessels from filling fish holding bins was developed by the Council and evidence showing that Akutan should above the level of the viewing port. submitted as part of Amendment 18 to not be denied CDQ eligibility because of These actions are necessary to further the BSAI FMP. Amendment 18 was the fourth criterion. The evidence the objectives of the CDQ programs. approved in part by NMFS (57 FR showed that the residents of Akutan DATES: Comments must be received at 23321, June 3, 1992). Initial Federal have little economic interaction with the following address by June 13, 1996. regulations implementing the pollock the Trident processing plant in Akutan ADDRESSES: Comments must be sent to CDQ program became effective on due to the nature of the processing Ronald J. Berg, Chief, Fisheries November 18, 1992 (57 FR 54936, plant’s operations. The processing plant Management Division, Alaska Region, November 23, 1992), and expired on physically is detached from the city of 24476 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

Akutan, and the plant uses its own percent and 97 percent in individual to predict specific allocations or catcher vessels to supply the plant with tests. This level of variability in scale impacts. The economic impact on other raw fish product. The processing plant performance would not be acceptable communities is not a factor to be was built to support the large capacity, under the current CDQ regulations or considered in determining whether a heavily capitalized fleet. The plant any regulations anticipated for the BSAI particular community is eligible under cannot usually accept deliveries from pollock fishery. NMFS believes that the CDQ program. Accordingly, there the community’s small skiff fleet requiring that the scale perform to a are no practical alternatives that would because of the relatively small volume certain level of accuracy is not adequate be available or that could be considered of groundfish produced by that fleet, to assure accurate weights. NMFS to reduce or minimize the economic and little or no local market exists for intends to implement a scale testing and impact on other communities if Akutan the local skiff fleet’s fish. Hence, the city certification program that would require is added to the list of CDQ communities. of Akutan does not have access to a processor vessel to demonstrate that Other aspects of this proposed rule are groundfish processing facilities that the scale was weighing accurately before not expected to have a significant would support substantial groundfish the vessel would be allowed to process economic impact on a substantial fisheries participation in the BSAI. fish. An advance notice of proposed number of small entities. In addition to a lack of groundfish rulemaking, which outlines NMFS’s There are no reporting and processing capability, the city of Akutan proposed scale testing and certification recordkeeping requirements other than has not developed harvesting capability. program, was published in the Federal those already discussed in the Vessels in the local skiff fleet are too Register on February 20, 1996 (61 FR Paperwork Reduction Act material that small and unsafe to participate 6337). Once the scale testing and has been submitted to the Office of effectively and no small boat harbor is certification program is implemented, Management and Budget for approval. available for moorage. Allowing Akutan the use of scales to weigh total catch in There are no Federal rules that to participate in the CDQ programs the pollock CDQ fisheries may be duplicate, overlap, or conflict with this could provide a basis for the community allowed. Until such regulations are proposed rule. to develop the groundfish harvesting implemented, § 675.27(h)(2)(ii)(B) There are no significant alternatives to fleet and a boat harbor that would would be removed. the proposed action that would enable the community to make Prohibiting Vessels From Overfilling accomplish the stated objectives. deliveries to the existing Trident A copy of the EA/RIR/IRFA analysis Bins groundfish processing plant or to is available from NMFS (see develop alternative groundfish NMFS has become aware that the ADDRESSES). processing facilities. operators of some processor vessels in the pollock CDQ fishery have been List of Subjects Weighing Total Catch in the Pollock filling fish holding bins above the level 50 CFR Parts 672 and 675 CDQ Fishery of the viewing port. When this happens, Processor vessels in the pollock CDQ the NMFS-certified observer is not able Fisheries; Reporting and fishery are required to either provide to see the marked increments on the recordkeeping requirements. measured, marked, and certified fish inside of the bins and to estimate total 50 CFR Part 676 holding bins for volumetric estimates of catch. Therefore, NMFS proposes to Alaska, Fisheries, Reporting and catch weight or to provide scales to amend the pollock CDQ regulations at recordkeeping requirements. weigh total catch. This requirement at § 675.27(h)(2)(ii) to prohibit such § 675.27(h)(2)(ii)(A) and (B) was activity. Dated: May 8, 1996. published on May 16, 1994 (59 FR Gary Matlock, 25346), and effective August 15, 1994. Classification Program Management Officer, National NMFS proposes to terminate the option This proposed rule has been Marine Fisheries Service. to use scales to weigh catch until NMFS determined to be not significant for For reasons set out in the preamble, issues regulations specifying a purposes of E.O. 12866. 50 CFR Parts 672, 675, and 676 are procedure to assure that accurate NMFS prepared an initial regulatory proposed to be amended as follows: weights are obtained from the scales. flexibility analysis as part of the Under the current regulations, any regulatory impact review. The analysis PART 672ÐGROUNDFISH OF THE scale used on a processor vessel to describes the impact this proposed rule GULF OF ALASKA weigh groundfish harvested in the CDQ would have on small entities if it is fisheries must measure catch weights to adopted. The addition of Akutan to the 1. The authority citation for part 672 at least 95-percent accuracy. However, list of eligible CDQ communities would continues to read as follows: evaluation of two different models of affect a substantial number of small Authority: 16 U.S.C. 1801 et seq. flow scales during the 1995 pollock entities, that is, the other 5 communities 2. Table 7 to 50 CFR part 672, is CDQ fishery and open access pollock currently participating in the CDQ amended by removing the statement in non-roe season indicates that, although program. Akutan would be expected to brackets that follows the table heading these scales are capable of weighing receive some CDQ support, and support and by revising the heading of the Table with a high degree of accuracy, would be reduced for one or more of the and the entries under ‘‘Aleutian Region’’ consistently accurate weighing has not other communities accordingly. While it to read as follows: yet been achieved. Observers performed is possible that Akutan would receive a series of scale tests by weighing only a very small allocation and the Table 7 to Part 672—Communities approximately 800 kilograms of fish, resulting reallocations would not have a Determined To Be Eligible To Apply for first on a motion compensated platform significant impact, it is more likely that Community Development Quotas (Other scale (to establish the ‘‘known weight’’ the reallocations would reduce the gross Communities That Do Not Appear on of the fish) and then again on the flow revenues of the other 5 communities by This Table May Also Be Eligible) scale. The accuracy of the scale, as more than 5 percent, thus having a Aleutian Region: measured by the difference between significant economic impact on these 1. Atka these two weights, varied between 0 entities. It would be speculative to try 2. Akutan Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24477

3. False Pass (2) * * * § 676.24 Western Alaska community 4. Nelson Lagoon (iv) * * * The community of Development Quota Program. 5. Nikolski Unalaska is excluded under this * * * * * 6. St. George provision. (f) * * * 7. St. Paul * * * * * (2) * * * (iv) * * * The community of * * * * * (h) * * * Unalaska is excluded under this PART 675ÐGROUNDFISH OF THE (2) * * * provision; BERING SEA AND ALEUTIAN ISLANDS (ii) Each processor vessel * * * * * AREA participating in the CDQ fishery for 7. Table 1 to § 676.24, is amended by pollock must estimate the total weight revising the heading of the Table and 3. The authority citation for part 675 of its groundfish catch by the volumetric continues to read as follows: the entries under ‘‘Aleutian Region’’ to procedures specified in this paragraph. read as follows: Authority: 16 U.S.C. 1801 et seq. * * * * * Table 1 to § 676.24—Communities 4. In § 675.27, the last sentence of (F) Fish must not be loaded into a bin Determined To Be Eligible To Apply for paragraph (d)(2)(iv) and paragraph used for volumetric measurements Community Development Quotas (Other (h)(2)(ii) introductory text are revised, above the level of the viewing port in Communities That Do Not Appear on paragraph (h)(2)(ii)(A) heading and the bin. paragraph (h)(2)(ii)(B) are removed, and This Table May Also Be Eligible) paragraphs (h)(2)(ii)(A)(1) through PART 676ÐLIMITED ACCESS Aleutian Region: (h)(2)(ii)(A)(5) are redesignated as MANAGEMENT OF FEDERAL 1. Atka paragraphs (h)(2)(ii)(A) through FISHERIES IN AND OFF OF ALASKA 2. Akutan (h)(2)(ii)(E), respectively, and paragraph 3. False Pass (h)(2)(ii)(F) is added to read as follows: 5. The authority citation for part 676 4. Nelson Lagoon continues to read as follows: 5. Nikolski § 675.27 Western Alaska Community Authority: 16 U.S.C. 773 et seq. and 1801 6. St. George Development Quota Program. et seq. 7. St. Paul (applicable through December 31, 1998) 6. In § 676.24, the last sentence of * * * * * * * * * * paragraph (f)(2)(iv) is revised to read as [FR Doc. 96–12073 Filed 5–14–96; 8:45 am] (d) * * * follows: BILLING CODE 3510±22±W 24478

Notices Federal Register Vol. 61, No. 95

Wednesday, May 15, 1996

This section of the FEDERAL REGISTER Total Burden Hours: 20. Description contains documents other than rules or Larry Roberson, proposed rules that are applicable to the On December 23, 1985 the President Deputy Departmental Clearance Officer. public. Notices of hearings and investigations, signed the Food Security Act of 1985 committee meetings, agency decisions and [FR Doc. 96–12187 Filed 5–14–96; 8:45 am] (Pub. L. 99–198). This legislation rulings, delegations of authority, filing of BILLING CODE 3410±01±M amended section 5(f) and (g) of the petitions and applications and agency Agriculture and Consumer Protection statements of organization and functions are Act of 1973 (7 U.S.C. 612c note) to examples of documents appearing in this Food and Consumer Service require that the Secretary permit section. Commodity Supplemental Food agencies administering the CSFP to Program: Elderly Poverty Income serve elderly persons if such service can DEPARTMENT OF AGRICULTURE Guidelines be provided without reducing service levels for women, infants, and children. Submission for OMB Review; AGENCY: Food and Consumer Service, The law also mandates establishment of Comment Request USDA. income eligibility requirements for elderly participation. Prior to enactment May 10, 1996. ACTION: Notice. of Pub. L. 99–198, elderly participation was restricted by law to three The Department of Agriculture has SUMMARY: This notice announces the designated pilot projects which served submitted the following information adjusted poverty income guidelines to the elderly in accordance with collection requirement(s) to OMB for be used by State agencies in agreements with the Department. review and clearance under the determining the income eligibility of In order to implement the CSFP Paperwork Reduction Act of 1995, elderly persons applying to participate mandates of Pub. L. 99–198, the Public Law 104–13. Comments in the Commodity Supplemental Food Department published interim rules on regarding these information collections Program (CSFP). These poverty income September 17, 1986 at 51 FR 32895 and are best assured of having their full guidelines are to be used in conjunction a final rule on February 18, 1988 at 58 effect if received within 30 days of this with the CSFP Regulations. FR 8287. These regulations defined notification. Comments should be EFFECTIVE DATE: July 1, 1996. ‘‘elderly persons’’ as those who are 60 addressed to: Desk Officer for years of age or older. The final rule FOR FURTHER INFORMATION CONTACT: Agriculture, Office of Information and further stipulated that elderly persons Lillie F. Ragan, Assistant Branch Chief, Regulatory Affairs, Office of certified on or after September 17, 1986 Household Programs Branch, Food Management and Budget (OMB), must have ‘‘household income at or Distribution Division, Food and Washington, DC 20503 and to below 130 percent of the Federal Consumer Service, U.S. Department of Department Clearance Officer, USDA, Poverty Income Guidelines published Agriculture, 3101 Park Center Drive, OIRM, Ag Box 7630, Washington, DC annually by the Department of Health Alexandria, Virginia 22302–1594, or 20250–7630. Copies of the and Human Services’’ (7 CFR telephone (703) 305–2661. submission(s) may be obtained by 247.7(a)(3)). calling (202) 720–6204 or (202) 720– SUPPLEMENTARY INFORMATION: These poverty income guidelines are 6746. Regulatory Flexibility Act revised annually to reflect changes in Title: Biological Shipment Record— the Consumer Price Index. The revision Beneficial Organisms. This action is not a rule as defined by for 1996 was published by the the Regulatory Flexibility Act (5 U.S.C. Summary: This program provides Department of Health and Human 601–612) and thus is exempt from the Services (DHHS) in the Federal Register needed scientific information on the provisions of that Act. for March 4, 1996 at 61 FR 8286. At this introduction of exotic organisms into time the Department is publishing the the United States. Paperwork Reduction Act income limit of 130 percent of the Need and Use of the Information: This notice does not contain reporting poverty income guidelines by Collection of this information or recordkeeping requirements subject household size to be used for elderly contributes to the biological control and to approval by the Office of certification in the CSFP for the period taxonomic research program in USDA Management and Budget in accordance July 1, 1996–June 30, 1997. by recording the introduction and with the Paperwork Reduction Act of The poverty income guidelines were release of non-indigenous biological 1980 (44 U.S.C. 3507). multiplied by 1.30 and the results control organisms in the United States Executive Order 12372 rounded up to the next whole dollar. by scientists and other practitioners of The table in this notice contains the biological control of pests. This program is listed in the Catalog income limits by household size for the Description of Respondents: Federal of Federal Domestic Assistance 48 contiguous States and the District of Government; Not-for-profit institutions; Programs under No. 10.565 and is Columbia. The poverty income State, Local or Tribal Government. subject to the provisions of Executive guidelines for areas outside of the 48 Order 12372, which requires contiguous States have not been Number of Respondents: 100. intergovernmental consultation with included in this notice because the Frequency of Responses: Reporting: State and local officials (7 CFR Part CSFP does not operate in these areas. Annually. 3015, Subpart V, 48 FR 29112). The revised income guidelines reflect an Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24479 increase of 3.58 percent over the income Technical Service Center to provide headquarters must make their own guidelines for the previous period. technical assistance, advice, and travel arrangements and pay their own guidance for FSIS Field Operations travel expenses. FCS POVERTY INCOME GUIDELINES personnel and the regulated meat, Done at Washington, DC, on May 9, 1996. poultry, and egg products industries. FOR ELDERLY IN CSFPÐ48 STATES Michael R. Taylor, AND THE DISTRICT OF COLUMBIA The Center would house approximately 100 FSIS employees to provide Acting Under Secretary for Food Safety. [Effective July 1, 1996±June 30, 1997; 130 [FR Doc. 96–12136 Filed 5–14–96; 8:45 am] Percent of Poverty Income Guidelines] guidance on the enforcement and application of FSIS domestic and import BILLING CODE 3410±DM±P Family size Annual Month Week regulations, policies, and systems. Approximately half of the employees 1 ...... 10,062 839 194 that would be assigned to the Center are DEPARTMENT OF COMMERCE 2 ...... 13,468 1,123 259 currently located in the Washington, 3 ...... 16,874 1,407 325 D.C. area, with the remainder of the Submission for OMB Review; 4 ...... 20,280 1,690 390 employees in the five Regional Offices Comment Request 5 ...... 23,686 1,974 456 or other locations. Locating the Center 6 ...... 27,092 2,258 521 DOC has submitted to the Office of 7 ...... 30,498 2,542 587 in the Washington D.C. area would Management and Budget (OMB) for 8 ...... 33,904 2,826 652 result in the lowest initial cost to the clearance the following proposal for For each addi- Agency because there would be no collection of information under the tional family relocation costs for employees already provisions of the Paperwork Reduction member add +3,406 +284 +66 assigned to the Washington D.C. area. In Act (44 U.S.C. chapter 35). addition, locating the Center in the Agency: Patent and Trademark Office. Dated May 2, 1996. Washington, D.C. metropolitan area Title: Disclosure Document Program. William E Ludwig, would enhance FSIS’s ability to Form Number(s): PTO/SB/95. Administrator. coordinate Agency functions with the Agency Approval Number: 0651– [FR Doc 96–12186 Filed 5–14–96; 8:45 am] Center. 0030. However, locating the Center in a BILLING CODE 3410±30±P Type of Request: Reinstatement, rural area could serve the Agency well without change, of a previously in the long term. Experience shows that approved collection for which approval Food Safety and Inspection Service it is easier to recruit employees in areas has expired. where the cost of living is relatively [Docket No. 96±019N] Burden: 5,400 hours. low. In addition, locating the Center in Number of Respondents: 27,000. Location of Proposed Technical the middle of the country would make Avg Hours Per Response: .2 hours. Service Center; Opportunity To it easier to serve field personnel and Needs and Uses: The information Present Alternative Sites for industry because the time difference collected includes the invention Consideration between the Center and offices located disclosure submitted by the inventor on the east and west coast would not be and a form which requests the name and AGENCY: Food Safety and Inspection so great. address of the inventor. The name and Service, USDA. FSIS invites recommendations address information is used to notify the regarding the location of the Technical ACTION: Notice. inventor of the receipt of the invention Service Center. Persons interested in disclosure and to inform the inventor of SUMMARY: The Food Safety and proposing sites for the Center should the deposit number which must be used Inspection Service (FSIS) is considering address issues of initial costs, other if the applicant desires to reference the creating a Technical Service Center to costs, and benefits associated with a invention disclosure in a subsequent provide technical assistance, advice, particular, recommended location. The application for patent. and guidance for FSIS Field Operations proposed locations should, at a Affected Public: Individuals or personnel and the regulated meat, minimum, meet the following criteria: poultry, and egg products industries. • Offer an adequate selection of households, businesses or other for– FSIS is providing interested parties the moderate to middle income housing. profit institutions, not–for–profit opportunity to present recommended • Be within reasonable driving institutions, and Federal Government. sites for its proposed Technical Service distance to a major airport because there Frequency: On occasion. Center. will be occasional travel to and from the Respondent’s Obligation: Required to obtain or retain benefits. DATES: Requests to make a presentation 18 proposed district offices and OMB Desk Officer: Maya A. Bernstein, to the Agency must be received by June Washington, D.C. • (202) 395–3785. 14, 1996. Have nearby hotel/motel Copies of the above information ADDRESSES: Mr. O.V. Cummings, accommodations. • Have available office space to collection proposal can be obtained by Director, Administrative Services support the Center staff (approximately calling or writing Linda Engelmeier, Division, Food Safety and Inspection 20,000 square feet). Acting DOC Forms Clearance Officer, Service, 14th and Independence Ave., The presentations may be given in (202) 482–3272, Department of SW, Washington, D.C. 20250. person, on videotape, or by conference Commerce, Room 5327, 14th and FOR FURTHER INFORMATION CONTACT: Mr. call. Written recommendations should Constitution Avenue, NW, Washington, O.V. Cummings or Mr. Glen Durst at the be sent to Mr. O.V. Cummings (See DC 20230. above address or at (202) 720–3551, Fax ADDRESSES). Written comments and (202) 205–7392. The Agency will contact respondents recommendations for the proposed SUPPLEMENTARY INFORMATION: FSIS has to schedule the presentations to be information collection should be sent to submitted a proposed reorganization given at FSIS headquarters. Presenters Maya A. Bernstein, OMB Desk Officer, plan to the Secretary of Agriculture for from outside the Washington D.C. area Room 10236, New Executive Office approval. The plan establishes a who wish to make presentations at FSIS Building, Washington, DC 20503. 24480 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Dated: May 10, 1996. is holding a public meeting to promote comments received from the news Linda Engelmeier, the dialogue between the Government media noted that NOAA license Acting Departmental Forms Clearance and industry which began with the application files should be open to the Officer, Office of Management and publication of NOAA’s December 4, public, similar to the Federal Organization. 1995, Notice of Inquiry. NOAA will use Communications Commission broadcast [FR Doc. 96–12179 Filed 5–14–96; 8:45 am] the comments already received and the license application files. BILLING CODE 3510±16±F results of the meeting to determine 2. Review Procedures: Comments whether new regulations are necessary received stated generally that the review and, if so, as a basis for NOAA to draft period for license applications should National Oceanic and Atmospheric proposed regulations. be less than 120 days; several methods Administration The December 4, 1995 Notice of were proposed to help accomplish this, Inquiry stated that NOAA was but most importantly the comments Licensing of Private Remote-Sensing particularly interested in comment on noted that NOAA should alert Space Systems issues in four general areas. The Notice applicants as soon as possible about any AGENCY: National Oceanic and also announced the availability of defects that may delay processing the Atmospheric Administration, discussion packages concerning these application. Department of Commerce. areas. The areas and issues highlighted 3. Standards for Restricting Imaging: Comments received noted that the ACTION: Notice of public hearing. were as follows: 1. Review Procedures for License regulations should clarify the standards SUMMARY: The National Oceanic and Applications. as to when the distribution of imagery Atmospheric Administration (NOAA) is A. How can the process be improved will be cut-off or limited due to national considering revisions to its regulations and modified to provide transparency security and/or foreign policy reasons. for the licensing of private remote and predictability? The news media indicated in their sensing space systems under Title II of B. What are the minimum comments that they would like a ‘‘clear the Land Remote Sensing Policy Act of informational requirements for a and present danger’’ standard 1992, 15 U.S.C. 5601 et seq. (1992 Act). complete application? incorporated into the regulations, as To further this consideration, NOAA is NOAA proposed that the Government well as procedural safeguards. sponsoring a public meeting to facilitate abide by more formal administrative 4. Review of Foreign Agreements: an exchange of ideas on significant time limits and more detailed record Several comments suggested a tiered issues between industry and keeping in making these determinations classification system whereby government. The discussion will focus on an application. agreements with certain countries on those issues highlighted in NOAA’s 2. Should NOAA consider a different would receive less scrutiny than December 4, 1995, Notice of Inquiry (60 standard and/or procedures for agreements with other countries. One FR 62054) and the comments received restricting imaging to preserve national comment suggested only the notification in response. security/foreign policy interests than of the agreement to NOAA (but no DATES: The Public Meeting will be held that established by PDD–23 and forwarding of any documentation) for on June 14, 1996 from 9:30 a.m. to 4:00 included in current licenses, i.e.: NOAA’s certification that the agreement p.m., with a lunch break from 12:30 The Secretary of Commerce may, after was in compliance with the license. In an issue related to foreign p.m. to 1:30 p.m. consulting with the Secretary of Defense or State, as appropriate, require the licensee to agreements, industry commentors ADDRESSES: The meeting will be held at stop imaging an area and/or stop distributing suggested that the 25 per cent cap on the United States Department of data from an area during any period when foreign ownership should be raised to Commerce, Herbert C. Hoover Building, national security or foreign policy interests 40 per cent. Room 4830, 14th Street & Constitution may be compromised. All comments received on the Avenue, N.W., Washington, D.C. Parties 3. Review of Foreign Agreements. December 4, 1995 Notice of Inquiry are interested in participating in the public A. What agreements must be available for public review by meeting, particularly those that would submitted for review? Is the existing appointment from 9:00 a.m. to 3:00 p.m. like to present oral and/or written focus appropriate, i.e. on agreements at NOAA, Federal Building 4, Room testimony, should contact Michael that give a foreign party some control 3301, Suitland, MD. They may be Mignono or Kira Alvarez (See FOR over the operation of the system an inspected and any comments may be FURTHER INFORMATION CONTACT). important role in distributing data?What copied in accordance with regulations Comments received in response to the is the appropriate threshold for strictly published in part 4 of title 15, Code of December 4, 1995 Notice of Inquiry may financial arrangements. Federal Regulations. Further be viewed and/or copied by B. What process should be in place to information about inspection and appointment from 9:00 a.m. to 3:00 p.m. inform applicants when the Government copying of records at this facility may be at NOAA, Federal Building 4, Room has identified a concern with a potential obtained by contacting NOAA (See FOR 3301, Suitland, MD. Copies of NOAA’s foreign agreement? FURTHER INFORMATION CONTACT). Discussion Packages may be obtained by Major comments received were as The meeting will consist of panel contacting Michael Mignogno. follows: discussions of the four topics listed FOR FURTHER INFORMATION CONTACT: 1. General Issues: Commentors noted above, as well as the issue of foreign Michael Mignogno, NOAA, National that there is an overall need for clearer investment agreements. Concerning the Environmental Satellite, Data, and definitions and standards in the latter, NOAA would be interested in Information Service, (301) 457–5210 or regulations. Also, several commentors examples of regulation of foreign Kira Alvarez, NOAA, Office of General discussed the issue of proprietary investment that have worked Counsel, (301) 713–0053. information: comments received from successfully in the context of other SUPPLEMENTARY INFORMATION: NOAA is the commercial remote sensing industry agencies. considering the need to revise its noted that all proprietary information Parties interested in participating in regulations for licensing operators of submitted to NOAA should be protected the public meeting, particularly those private remote-sensing space systems. It from disclosure to the public; however, that would like to present oral and/or Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24481 written testimony, should contact Public Law (92–463), announcement is Notice (i.e., acreage, floor plans, existing NOAA (see ADDRESSES) so that NOAA made of the following committee sanitary facilities, exact location), can effectively coordinate the meeting meeting: contact Mr. Gerry Bresee, Real Estate and ensure an orderly proceeding. Name of Committee: School of the Division, Army Corps of Engineers, P.O. Dated: May 10, 1996. Americas (SOA) Subcommittee of the Army Box 1715, Baltimore, MD 21203 Robert S. Winokur, Education Advisory Committee. (telephone 410–962–5173, fax 410–962– Dates of Meeting: 29 and 30 May 1996. Assistant Administrator for Satellite and 0866). Time of Meeting: 0900–1600 on 29 May, Information Services. SUPPLEMENTARY INFORMATION: This and 0900–1130 on 30 May 1996. surplus is available under the [FR Doc. 96–12171 Filed 5–14–96; 8:45 am] Place of Meeting: School of the Americas, provisions of the Federal Property and BILLING CODE 3510±12±M Building 35, Fort Benning, GA. Proposed Agenda: Orientation and current Administrative Services Act of 1945 and School of the Americas issues. the Base Closure Community Redevelopment and Homeless CORPORATION FOR NATIONAL AND FOR FURTHER INFORMATION CONTACT: Assistance Act of 1994. Notices of COMMUNITY SERVICE All communications regarding this subcommittee should be addressed to interest should be forwarded to Mr. AmeriCorps*VISTA Pre-Application Lieutenant Colonel Willie G. Story, U.S. William E. Mitchell II, Redevelopment Inquiry Form Reinstatement Army School of the Americas, Director, Redevelopment Authority of Attention: ATZB–SAD, Fort Benning, the County of Westmoreland, 601 AGENCY: Corporation for National and Georgia, 31905–6245, or telephone (706) Courthouse Square, Greensburg, Community Service. 545–3491. Pennsylvania 15601, (telephone 412– 830–3050, fax 412–830–3611). SUMMARY: The Corporation for National SUPPLEMENTARY INFORMATION: 1. Purpose of Meeting: The newly- The surplus real property totals and Community Service has asked for approximately 18.93 acres and contains an emergency processing request to constituted SOA subcommittee will receive an orientation and review and 11 buildings totaling approximately OMB for the AmeriCorps*VISTA Pre- 26,468 square feet of space. Current Application Inquiry. discuss current issues, particularly proposed legislation regarding SOA. range of uses include storage and DATES: The effective date is May 20, 2. Meeting of the Advisory Committee administrative. Future uses may include 1996. is open to the public. Due to space administrative, storage or residential. FOR FURTHER INFORMATION CONTACT: limitations, attendance may be limited Gregory D. Showalter, Diana B. London, Deputy Director, to those persons who have notified the Army Federal Register Liaison Officer. AmeriCorps*VISTA, (202) 606–5000, Committee Management Office in [FR Doc. 96–12158 Filed 5–14–96; 8:45 am] extension 228. For individuals with writing at least 5 days prior to the BILLING CODE 3710±41±M disabilities, information will be made meeting date of their intent to attend. available in alternative formats, upon 3. Any member of the public may file request. a written statement with the committee Department of the Navy SUPPLEMENTARY INFORMATION: A request before, during, or after the meeting. To for emergency processing for the extent that time permits, the Chief of Naval Operations (CNO) reinstatement of OMB Approval #3001– subcommittee chairman may allow Executive Panel; Closed Meeting 0057, AmeriCorps*VISTA Pre- public presentations of oral statements Pursuant to the provisions of the Application Inquiry form which expired at the meetings. Federal Advisory Committee Act (5 on November 30, 1995, has been Gregory D. Showalter, U.S.C. App. 2), notice is hereby given requested to OMB. This form is used for Army Federal Register Liaison Officer. that the Chief of Naval Operations information collection on potential [FR Doc. 96–12157 Filed 5–14–96; 8:45 am] (CNO) Executive Panel will meet on AmeriCorps*VISTA applicant BILLING CODE 3710±08±M June 3, 1996 from 2:30 to 4:00 at the organizations to determine their office of the Chief of Naval Operations, eligibility to become an 2000 Navy Pentagon, Washington, DC AmeriCorps*VISTA sponsoring Corps of Engineers 20350–2000. This session will be closed organization. to the public. Notice of Availability of Surplus Land The purpose of this meeting is to Dated: May 8, 1996. and Buildings in Accordance With Diana B. London, conduct the final briefing of the Naval Public Law 103±421 Located at Charles Warfare Innovations Task Force to the Deputy Director, AmeriCorps*VISTA. E. Kelly Support Facility, Irwin Support Chief of Naval Operations. These [FR Doc. 96–12161 Filed 5–14–96; 8:45 am] Annex, Manor, PA matters constitute classified information BILLING CODE 6050±28±M AGENCY: U.S. Army Corps of Engineers, that is specifically authorized by DoD. Executive order to be kept secret in the ACTION: Notice of availability. interest of the national defense and are, DEPARTMENT OF DEFENSE in fact, properly classified pursuant to SUMMARY: This notice identifies the such Executive order. Accordingly, the Department of the Army surplus real property located at the Secretary of the Navy has determined in Committee Meeting Notice (School of Irwin Support Annex, Manor, PA. The writing that the public interest requires the Americas) former Nike Missile Launcher site is that all sessions of the meeting be closed located in Westmoreland County, on to the public because they will be AGENCY: School of the Americas, Nike Road, just off of Pleasant Valley concerned with matters listed in section Training and Doctrine Command. Road, south of its intersection with 552b (c) (1) of title 5, United States ACTION: Notice of meeting. Route 130, next to the Turnpike. Code. FOR FURTHER INFORMATION CONTACT: For further information concerning SUMMARY: In accordance with 10 (a) (2) For more information regarding the this meeting, contact Janice Graham, of the Federal Advisory Committee Act, particular property identified in this Assistant for CNO Executive Panel 24482 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Management, 4401 Ford Avenue, Suite Street, Arlington, Virginia 22217–5660, Ridings II, both located approximately 601, Alexandria, Virginia 22302–0268, telephone (703) 696–4001. one-half mile west of U.S. Route 202 in Telephone (703) 681–6205. Patent Application Serial No. 08/ Birmingham Township, Delaware Dated: May 6, 1996. 559,318: LIQUID CRYSTAL County, Pennsylvania. The STP will COMPOSITION AND ALIGNMENT provide advanced secondary biological M.A. Waters, LAYER, filed November 15, 1995. treatment utilizing the activated sludge LCDR, JAGC, USN, Federal Register Liaison process and tertiary filtration. After Officer. Dated: May 6, 1996. M. A. Waters, disinfection, treated effluent will be [FR Doc. 96–12117 Filed 5–14–96; 8:45 am] discharged to an unnamed tributary of BILLING CODE 3810±FF±P LCDR, JAGC, USN Federal Register Liaison Officer. Harvey Run. 4. Borough of Fleetwood D–95–58 CP. [FR Doc. 96–12115 Filed 5–14–96; 8:45 am] An application for approval of a ground Notice of Availability of Invention for BILLING CODE 3810±FF±P water withdrawal project to supply up Licensing; Combustion Chamber Drain to 17.3 mg/30 days of water to the System applicant’s distribution system from DELAWARE RIVER BASIN new Well No. 13, and to limit the SUMMARY: The invention listed below is COMMISSION assigned to the United States existing withdrawal limit from all Government as represented by the Notice of Commission Meeting and sources to 27.5 mg/30 days. The project Secretary of the Navy and is available Public Hearing is located in Fleetwood Borough, Berks for licensing by the Department of the County, Pennsylvania. Navy. Notice is hereby given that the 5. Lower Salford Township Authority Delaware River Basin Commission will D–95–63 CP. A project to construct a Requests copies of the patent hold a public hearing on Wednesday, 0.90 million gallons per day (mgd) application cited should be directed to May 22, 1996. The hearing will be part average monthly capacity STP to serve the Office of Naval Research, ONR of the Commission’s regular business the eastern drainage area of Lower OOCC, Ballston Tower One, 800 North meeting which is open to the public and Salford Township, Montgomery County, Quincy Street, Arlington, Virginia scheduled to begin at 1:00 p.m. in the Pennsylvania. The STP will provide 22217–5660 and must include the First Floor Meeting Room of the Rachel secondary biological treatment utilizing application serial number. Carson State Office Building at 400 an orbal oxidation ditch and will also FOR FURTHER INFORMATION CONTACT: Mr. Market Street, Harrisburg, Pennsylvania. provide tertiary filtration and ultraviolet R.J. Erickson, Staff Patent Attorney, A briefing of the Delaware River disinfection. The STP will treat excess Office of Naval Research, ONR, OOCC, Basin’s Pennsylvania legislators will be hydraulic overload at a maximum Ballston Tower One, 800 North Quincy held at 11:00 a.m. at the same location. monthly average of 1.976 mgd. The STP Street, Arlington, Virginia 22217–5660, The subjects of the hearing will be as will be located approximately 1,000 feet telephone (703) 696–4001. follows: north of State Route 63 and just west of Patent Application Serial No. 08/ Applications for Approval of the Skippack Creek, to which it will 604,143: COMBUSTION CHAMBER Following Projects Pursuant to Article discharge, in Lower Salford Township, DRAIN SYSTEM; filed February 20, 10.3, Article 11 and/or Section 3.8 of the Montgomery County, Pennsylvania. 1996. Compact 6. Pennsylvania-American Water Company D–96–12. A project to treat up Dated: May 6, 1996. 1. Holdover Project: Borough of Berlin M. A. Waters, to 72,000 gpd of water captured from D–95–24 CP. An application for dewatering operations during LCDR, JAGC, USN Federal Register Liaison approval of a ground water withdrawal Officer. construction of the applicant’s new project to supply up to 27.5 million water treatment plant located in the [FR Doc. 96–12116 Filed 5–14–96; 8:45 am] gallons (mg)/30 days of water to the Borough of Norristown, Montgomery BILLING CODE 3810±FF±P applicant’s distribution system from County, Pennsylvania, and situated just new Well No. 12, and to limit the downstream of the Danne Hower Bridge withdrawal from all wells located Notice of Availability of Invention for on the north bank of the Schuylkill within the Delaware River Basin to 27.5 River. The dewatering facilities will Licensing; Liquid Crystal Composition mg/30 days. The project is located in and Alignment Layer convey water contaminated with Diesel Berlin Borough, Camden County, New Range Organics (DROs) and oil and Jersey. This hearing continues those of SUMMARY: The invention listed below is grease to the applicant’s proposed assigned to the United States March 26, 1996 and April 24, 1996. treatment facilities including Particle 2. A request by C S Water & Sewer Government as represented by the Bay Filters and carbon adsorption units. Associates to extend the deadline Secretary of the Navy and is available Documents relating to these items completion and operation date in for licensing by the Department of the may be examined at the Commission’s Condition ‘‘g.’’ of Docket No. D–76–21 Navy. offices. Preliminary dockets are (Revised) from May 1 to June 30, 1996. Requests copies of the patent available in single copies upon request. Delay in securing funding postponed Please contact George C. Elias application cited should be directed to the construction start until April 23, the Office of Naval Research, ONR concerning docket-related questions. 1996. No other changes are requested. Persons wishing to testify at this hearing OOCC, Ballston Tower One, 800 North 3. Birmingham Township Sewer Quincy Street, Arlington, Virginia are requested to register with the Authority D–95–52 CP. A project to Secretary prior to the hearing. 22217–5660 and must include the expand a 40,000 gallons per day (gpd) application serial number. sewage treatment plant (STP) to Dated: May 7, 1996. FOR FURTHER INFORMATION CONTACT: Mr. ultimately treat an average monthly flow Susan M. Weisman, R.J. Erickson, Staff Patent Attorney, of 80,000 gallons per day (gpd) which Secretary. Office of Naval Research, ONR, OOCC, will serve the residential developments [FR Doc. 96–12102 Filed 5–14–96; 8:45 am] Ballston Tower One, 800 North Quincy of the Ridings of Chadds Ford and the BILLING CODE 6360±01±M Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24483

DEPARTMENT OF ENERGY protest to the request. If no protest is site on May 25, 1995, at the landowner’s filed within the time allowed therefor, request, although due to an Federal Energy Regulatory the proposed activity shall be deemed to administrative oversight, Northwest had Commission be authorized effective the day after the not yet received abandonment approval. [Docket No. CP96±496±000] time allowed for filing a protest. If a Therefore, Northwest now is requesting protest is filed and not withdrawn approval for abandonment by removal El Paso Natural Gas Company; Notice within 30 days after the time allowed of the Farm tap. It is indicated that the of Request Under Blanket for filing a protest, the instant request actual cost of removing these facilities Authorization shall be treated as an application for was $713. authorization pursuant to Section 7 of Any person or the Commission’s Staff May 9, 1996. the Natural Gas Act. may, within 45 days of the issuance of Take notice that on May 6, 1996, El Linwood A. Watson, Jr., the instant notice by the Commission, Paso Natural Gas Company (El Paso), file pursuant to Rule 214 of the P.O. Box 1492, El Paso, Texas 79978, Acting Secretary. [FR Doc. 96–12138 Filed 5–14–96; 8:45 am] Commission’s Rules of Practice and filed in Docket No. CP96–496–000 a Procedure (18 CFR 385.214), a motion to BILLING CODE 6717±01±M request pursuant to Sections 179.205, intervene and pursuant to Section 157.212, and 157.216 of the 157.205 of the regulations under the Commission’s Regulations under the [Docket No. CP96±499±000] Natural Gas Act (18 CFR 157.205), a Natural Gas Act (18 CFR 157.205, protest to the request. If no protest is 157.212, 157.216) for authorization to Northwest Pipeline Corporation; Notice filed within the time allowed therefor, abandon the existing meter located at of Request Under Blanket the proposed activities shall be deemed the Texaco South Kermit Plant Receipt Authorization to be authorized effective the day after Point and the related service; and to the time allowed for filing a protest. If operate a new meter to be constructed May 9, 1996. Take notice that on May 6, 1996, a protest is filed and not withdrawn 30 by Texaco Natural Gas Inc. (Texaco) as days after the time allowed for filing a a delivery point under El Paso’s blanket Northwest Pipeline Corporation (Northwest), P.O. Box 58900, Salt Lake protest, the instant request shall be certificate issued in Docket No. CP82– treated as an application for 435–000 pursuant to Section 7 of the City, Utah 84158–0900, filed in Docket No. CP96–499–000 a request pursuant to authorization pursuant to Section 7 of Natural Gas Act, all as more fully set the Natural Gas Act. forth in the request that is on file with Sections 157.205, and 157.216(b) of the the Commission and open to public Commission’s Regulations under the Linwood A. Watson, Jr., inspection. Natural Gas Act (18 CFR 157.205, and Acting Secretary. El Paso states that Texaco converted 157.216) for approval to abandon by [FR Doc. 96–12140 Filed 5–14–96; 8:45 am] its South Kermit Gas Plant to a field removal its William Austin Farm tap BILLING CODE 6717±01±M compressor station. Consequently, (Farm tap) located in Douglas County, Oregon, under the blanket certificate Texaco will no longer deliver gas to El [Docket No. CP96±497±000] Paso at the Texaco South Kermit Receipt issued in Docket No. CP82–433–000, Point. Texaco now requires deliveries of pursuant to Section 7(c) of the Natural Valero Transmission Company and pipeline quality gas to its South Kermit Gas Act (NGA), all as more fully set West Texas Gas, Inc.; Notice of Gas Plant for use as compressor fuel. forth in the request which is on file with Application for Authorization To Consequently, Texaco requested that El the Commission and open to public Operate Border Facilities and for Paso convert the Texaco South Kermit inspection. Presidential Permit Receipt Point to a delivery point to Northwest states that the certificate facilitate delivery of compressor fuel. authorization for the construction and May 9, 1996. On November 10, 1995, El Paso and operation of the Farm tap for which Take notice that on May 6, 1996, Texaco entered into Transportation Northwest now seeks abandonment Valero Transmission Company (Valero), Service Agreement that provides for authorization was issued in Docket No. General Partner of Valero Transmission, interruptible transportation service from CP65–128 for delivery of natural gas to L.P., P.O. Box 500, San Antonio, Texas any receipt point on El Paso’s system to The Washington Water Power 78292 and West Texas Gas, Inc. (WTG), all available delivery points on El Paso’s Company’s (Water Power) for service to 211 North Colorado, Midland, Texas system. a single customer. Northwest further 79701, filed in Docket No. CP96–497– El Paso states that operation of the states that there have been no deliveries 000, a joint application pursuant to Texaco South Kermit Meter Station as a to the Farm tap since September 1994. Section 3 of the Natural Gas Act and delivery point is not prohibited by El It is asserted that the distribution Sections 153.10–153.12 of the Paso’s existing tariff. El Paso further facilities served by this tap have been Commission’s Regulations and states that it has sufficient capacity to directly connected by Water Power to its Executive Order 10485, as amended by accomplish the transportation and Roseburg distribution system which is Executive Order 12038 to: (1) terminate delivery of the requested volumes served by a different delivery point from the Presidential Permit and Section 3 without detriment or disadvantage to El Northwest. authorization previously issued to Paso’s other customers. Northwest indicates that by Valero to own, operate, and maintain Any person or the Commission’s staff amendment dated February 1, 1995, the border facilities near Eagle Pass, Texas; may, within 45 days after issuance of Farm tap was removed from Water and (2) simultaneously issue a the instant notice by the Commission, Power’s transportation service Presidential Permit and Section 3 file pursuant to Rule 214 of the agreement with Northwest dated July authorization to WTG to own, operate, Commission’s Procedural Rules (18 CFR 31, 1991. Northwest asserts that it and maintain the Eagle Pass border 385.214) a motion to intervene or notice currently has a contractual obligations facilities, all as more fully set forth in of intervention and pursuant to Section to provide to the Farm tap. the application which is on file with the 157.205 of the Regulations under the Northwest states that the Farm tap Commission and open for public Natural Gas Act (18 CFR 157.205) a was dismantled and removed from the inspection. 24484 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Applicants state that Valero was required, further notice of such hearing 3. In the Matter of LG&E Power 21 issued a Presidential Permit and Section will be duly given. Incorporated 3 authorization in Docket Nos. CP84– Under the procedure herein provided [Docket No. EG96–64–000] 361–000 and CP84–366–000, for, unless otherwise advised, it will be On May 3, 1996, LG&E Power 21 respectively, to construct or repair and unnecessary for Valero and WTG to Incorporated (‘‘LP21’’), a California operate on the international boundary appear or be represented at the hearing. corporation with its principal place of between the U.S. and Mexico near Eagle Linwood A. Watson, Jr., business at 12500 Fair Lakes Circle, Pass, Texas, two parallel eight-inch Acting Secretary. Suite 350, Fairfax, Virginia 22033–3822, pipelines which connect with the [FR Doc. 96–12139 Filed 5–14–96; 8:45 am] filed with the Federal Energy Regulatory facilities of Petroleos Mexicanos. BILLING CODE 6717±01±M Commission an application for Applicants further state that on March determination of exempt wholesale 18, 1996, Valero Transmission, L.P. and generator status pursuant to Part 365 of WTG entered into an Asset Acquisition [Docket No. EC96±22±000, et al.] the Commission’s Regulations. Proposal pursuant to which WTG has LP21 owns and operates directly, or agreed to purchase certain intrastate Milford Power Limited Partnership, et indirectly through affiliates, wind- pipeline facilities in Texas, including al.; Electric Rate and Corporate powered eligible facilities located near the Eagle Pass border facilities, which Regulation Filings Buffalo Ridge, Minnesota and Palm are the subject of this joint application. Springs, California, of approximately 25 The sale occurred on April 30, 1996, May 9, 1996. MW and 34.5 MW, respectively. with the sale of the Eagle Pass facilities Take notice that the following filings Comment date: May 30, 1996, in conditioned upon (1) the termination of have been made with the Commission: accordance with Standard Paragraph E Valero’s Presidential Permit and Section at the end of this notice. The 3 authorization; and (2) the issuance of 1. Milford Power Limited Partnership Commission will limit its consideration a Presidential Permit and Section 3 [Docket No. EC96–22–000] of comments to those that concern the authorization to WTG to own, operate, adequacy or accuracy of the application. and maintain the facilities. No new Take notice that on May 3, 1996, facilities or service are proposed by Milford Power Limited Partnership 4. In the Matter of LG&E Power 31 WTG in this application. (Applicant) submitted for filing an Incorporated application under Section 203 of the Any person desiring to be heard or to Federal Power Act and Part 33 of the [Docket No. EG96–65–000] make any protest with reference to said Commission’s Regulations seeking On May 3, 1996, LG&E Power 31 application should on or before May 30, authorization from the Commission for Incorporated (‘‘LP31’’), a California 1996, file with the Federal Energy the transfer of partnership interests in corporation with its principal place of Regulatory Commission, 888 First Milford Power Limited Partnership to business at 12500 Fair Lakes Circle, Street, NE., Washington, DC 20426, a TEVCO Cogeneration Company and Suite 350, Fairfax, Virginia 22033–3822, motion to intervene or a protest in ANP Milford Power Company. filed with the Federal Energy Regulatory accordance with the requirements of the Applicants have served copies of the Commission an application for Commission’s Rules of Practice and filing on he Massachusetts Department determination of exempt wholesale Procedure (18 CFR 385.214 and of Public Utilities and New England generator status pursuant to Part 365 of 385.211) and the Regulations under the Power Company. the Commission’s Regulations. Natural Gas Act (18 CFR 157.10). All Comment date: May 30, 1996, in LP31 owns and operates directly, or protests filed with the Commission will indirectly through affiliates, a wind- be considered by it in determining the accordance with Standard Paragraph E at the end of this notice. powered eligible facility of appropriate action to be taken but will approximately 35 MW located in not serve to make the protestants parties 2. In the Matter of LG&E Power 21 L.P. Culberson County, Texas. to the proceeding. Any person wishing [Docket No. EG96–63–000] Comment date: May 30, 1996, in to become a party to a proceeding or to accordance with Standard Paragraph E participate as a party in any hearing On May 3, 1996, LG&E Power 21 L.P. at the end of this notice. The therein must file a motion to intervene (‘‘LP21 LP’’), a California limited Commission will limit its consideration in accordance with the Commission’s partnership with its principal place of of comments to those that concern the Rules. business at 12500 Fair Lakes Circle, adequacy or accuracy of the application. Take further notice that, pursuant to Suite 350, Fairfax, Virginia 22033–3822, 5. In the Matter of LG&E Power 31 L.P. the authority contained in and subject to filed with the Federal Energy Regulatory jurisdiction conferred upon the Federal Commission an application for [Docket No. EG96–66–000] Energy Regulatory Commission by determination of exempt wholesale On May 3, 1996, LG&E Power 31 L.P. Sections 3 and 15 of the Natural Gas Act generator status pursuant to Part 365 of (‘‘LP31 LP’’), a California limited and the Commission’s Rules of Practice the Commission’s Regulations. partnership with its principal place of and Procedure, a hearing will be held LP21 LP owns and operates directly, business at 12500 Fair Lakes Circle, without further notice before the or indirectly through affiliates, wind- Suite 350, Fairfax, Virginia 22033–3822, Commission or its designee on this powered eligible facilities located near filed with the Federal Energy Regulatory application if no motion to intervene is Buffalo Ridge, Minnesota and Palm Commission an application for filed within the time required herein, if Springs, California, of approximately 25 determination of exempt wholesale the Commission on its own review of MW and 34.5 MW, respectively. generator status pursuant to Part 365 of the matter finds that a grant of the Comment date: May 30, 1996, in the Commission’s Regulations. authorization is required by the public accordance with Standard Paragraph E LP31 LP owns and operates directly, convenience and necessity. If a motion at the end of this notice. The or indirectly through affiliates, a wind- for leave to intervene is timely filed, or Commission will limit its consideration powered eligible facility of if the Commission on its motion of comments to those that concern the approximately 35 MW located in believes that a formal hearing is adequacy or accuracy of the application. Culberson County, Texas. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24485

Comment date: May 30, 1996, in its power sales to PG&E are not subject Part privileged treatment for some of the accordance with Standard Paragraph E to the Commission’s jurisdiction or, in information filed consistent with the at the end of this notice. The the alternative, to accept the Power June 1, 1992 order. Copies of WSPP’s Commission will limit its consideration Purchase Agreement for filing as an informational filing are on file with the of comments to those that concern the initial rate schedule. Commission, and the non-privileged adequacy or accuracy of the application. Comment date: May 30, 1996, in portions are available for public accordance with Standard Paragraph E inspection. 6. Fauji Kabirwala Power Company at the end of this notice. Limited 11. PanEnergy Power Services, Inc. IEP 9. Citizens Power & Light Company, [Docket No. EG96–67–000] Power Marketing, LLC, PacifiCorp Eclipse Energy, Inc., Direct Electric Power Marketing, U.S. Power & Light, On May 6, 1996, Fauji Kabirwala Inc., R.J. Dahnke & Associates, Limited Partnership, a public limited Inc., Greenwich Energy Partners, Cenerprise, Inc., Electrade Corporation, Global Petroleum Corporation, Westar company incorporated and existing Engelhard Power Marketing, Inc. under the laws of the Islamic Republic Electric Marketing, Inc. of Pakistan, having its registered office [Docket No. ER89–401–026, ER94–1099–008, ER94–1161–008, ER94–1352–007, ER94– [Docket No. ER95–7–009, ER95–802–004, at c/o Fauji Foundation, Harley Street, ER95–1096–004, ER96–105–002, ER96–116– P.O. Box 84, Rawalpindi, Pakistan (the 1402–007, ER94–1478–007, ER94–1690–008 (not consolidated) 002, ER96–458–003, ER96–553–002 (not ‘‘Applicant’’), filed with the Federal consolidated)] Energy Regulatory Commission an Take notice that the following application for determination of exempt informational filings have been made Take notice that the following wholesale generator (‘‘EWG’’) status with the Commission and are on file informational filings have been made pursuant to Part 365 of the and available for inspection and with the Commission and are on file Commission’s Regulations. copying in the Commission’s Public and available for inspection and The Applicant will be engaged Reference Room: copying in the Commission’s Public On April 25, 1996, Citizens Power & directly in owning an eligible facility Reference Room: Light Company filed certain information located near Kabirwala, Province of as required by the Commission’s August On April 30, 1996, PanEnergy Power Punjab, Pakistan (the ‘‘Kabirwala 8, 1989 order in Docket No. ER89–401– Services, Inc. filed certain information Plant’’). The Kabirwala Plant will 000. as required by the Commission’s consist of a 166 MW combined-cycle On April 24, 1996, Eclipse Energy, December 16, 1994 order in Docket No. power plant, fueled by low Btu-gas. Inc. filed certain information as required ER95–7–000. Comment date: May 30, 1996, in by the Commission’s June 15, 1994 accordance with Standard Paragraph E On May 6, 1996, IEP Power order in Docket No. ER94–1099–000. at the end of this notice. The Marketing, LLC filed certain information On May 6, 1996, Direct Electric Inc. as required by the Commission’s May Commission will limit its consideration filed certain information as required by of comments to those that concern the 11, 1995 order in Docket No. ER95–802– the Commission’s July 18, 1994 order in 000. adequacy or accuracy of the application. Docket No. ER94–1161–000. On April 30, 1996, PacifiCorp Power 7. PECO Energy Company On April 11, 1996, R.J. Dahnke & Associates filed certain information as Marketing filed certain information as [Docket No. EL96–50–000] required by the Commission’s August required by the Commission’s February Take notice that on April 8, 1996, 10, 1994 order in Docket No. ER94– 2, 1996 order in Docket No. ER95–1096– PECO Energy Company tendered for 1352–000. 000. filing a letter requesting a declaratory On April 29, 1996, Cenerprise, Inc. On April 30, 1996, U.S. Power & order regarding changes to depreciation filed certain information as required by Light, Inc. filed certain information as accruals and amortization of certain the Commission’s December 7, 1994 required by the Commission’s December assets. order in Docket No. ER94–1402–000. 6, 1995 order in Docket No. ER96–105– Comment date: May 30, 1996, in On April 24, 1996, Electrade 000. accordance with Standard Paragraph E Corporation filed certain information as at the end of this notice. required by the Commission’s August On April 18, 1996, Greenwich Energy 25, 1994 order in Docket No. ER94– Partners filed certain information as 8. Burney Forest Products A Joint required by the Commission’s December Venture 1478–000. On April 24, 1996, Engelhard Power 20, 1995 order in Docket No. ER96–116– [Docket No. EL96–51–000] Marketing, Inc. filed certain information 000. Take notice that on April 30, 1996, as required by the Commission’s On April 29, 1996, Global Petroleum Burney Forest Products A Joint Venture December 29, 1994 order in Docket No. Corporation filed certain information as (Burney) filed a Petition for a ER94–1690–000. required by the Commission’s December Declaratory order or, in the alternative, 10. Western Systems Power Pool 20, 1995 order in Docket No. ER96–359– an Initial Rate Schedule and Petition for 000. Acceptance of Initial Rate Schedule and [Docket No. ER91–195–024] On April 30, 1996, Westar Electric Request for Waivers and Blanket Take notice that on April 30, 1996, Marketing, Inc. filed certain information Approval. the Western Systems Power Pool Burney has contracted for the sale of (WSPP) filed certain information as as required by the Commission’s up to 31 megawatts (net) of electricity required by Ordering Paragraph (D) of January 31, 1996, order in Docket No. from its biomass-fueled small power the Commission’s June 27, 1991, Order ER96–458–000. production facility to Pacific Gas and (55 FERC ¶ 61,495) and Ordering On April 22, 1996, QST Energy Electric Company (PG&E) pursuant to a Paragraph (C) of the Commission’s June Trading, Inc. filed certain information as Power Purchase Agreement entered into 1, 1992, Order on Rehearing Denying required by the Commission’s March 14, between the parties. Burney requests a Request Not To Submit Information, 1996, order in Docket No. ER96–553– determination by the Commission that And Granting In Part And Denying in 000. 24486 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

12. Wisconsin Public Service Corp., seeks waiver of the 60-day prior notice Operations Division (7506C), Office of WPS Energy Services, Inc. WPS Power requirement and requests the Pesticide Programs, Environmental Development, Inc. Commission assign an effective date of Protection Agency, 401 M St., SW., [Docket No. ER96–1088–001] April 30, 1996, to the Supplemental and Washington, DC 20460. In person, bring FTS Agreement. comments directly to the OPP docket Take notice that on May 1, 1996, Copies of this filing were served upon which is located in Rm. 1132 of Crystal Wisconsin Public Service Corporation the Public Utilities Commission of the Mall #2, 1921 Jefferson Davis Highway, (WPSC) tendered for filing a revised State of California and all interested Arlington, VA. Comments and data may Tariff for selling power at market-based parties. also be submitted electronically by rates and a supplemental Code of Comment date: May 23, 1996, in Conduct, and WPS Energy Services, Inc. sending electronic mail (e-mail) to: opp- accordance with Standard Paragraph E [email protected]. Electronic and WPS Power Development, Inc., at the end of this notice. tendered for filing a revised Rate comments must be submitted as a ASCII Schedule No. 1 and revised Codes of Standard Paragraph file avoiding the use of special characters and any form or encryption. Conduct with respect to the relationship E. Any person desiring to be heard or between WPSC and its affiliates in Comments and data will also be to protest said filing should file a accepted on disks in WordPerfect in 5.1 compliance with the Commission’s motion to intervene or protest with the order of April 16, 1996 in the captioned file format or ASCII file format. All Federal Energy Regulatory Commission, comments and data in electronic form docket. 888 First Street, N.E., Washington, D.C. Comment date: May 23, 1996, in must be identified by the docket number 20426, in accordance with Rules 211 ‘‘OPP–00435’’ and the ICR number. No accordance with Standard Paragraph E and 214 of the Commission’s Rules of at the end of this notice. Confidential Business Information (CBI) Practice and Procedure (18 CFR 385.211 should be submitted through e-mail. 13. MidAmerican Energy Company and 18 CFR 385.214). All such motions Electronic comments on this document [Docket No. ER96–1549–000] or protests should be filed on or before may be filed online at many Federal the comment date. Protests will be Take notice that on April 9, 1996, Depository Libraries. Additional considered by the Commission in MidAmerican Energy Company information on electronic submissions determining the appropriate action to be tendered for filing revised tariff sheets can be found in Unit III. of this taken, but will not serve to make to reflect an index of customers under document. protestants parties to the proceeding. its point to point transmission tariff. Information submitted as a comment Any person wishing to become a party Comment date: May 20, 1996, in concerning this document may be must file a motion to intervene. Copies accordance with Standard Paragraph E claimed confidential by marking any of this filing are on file with the at the end of this notice. part or all of that information as CBI. Commission and are available for public Information so marked will not be 14. Southern California Edison inspection. Company disclosed except in accordance with Linwood A. Watson, Jr., procedures set forth in 40 CFR part 2. [Docket No. ER96–1677–000] Acting Secretary. A copy of the comment that does not Take notice that on April 29, 1996, [FR Doc. 96–12170 Filed 5–14–96; 8:45 am] contain CBI must be submitted for Southern California Edison Company BILLING CODE 6717±01±P inclusion in the public record. (Edison) tendered for filing the Information not marked confidential following Supplemental Agreement may be disclosed publicly by EPA (Supplemental Agreement) to the 1990 ENVIRONMENTAL PROTECTION without prior notice. All written Integrated Operations Agreement (1990 AGENCY comments will be available for public IOA) with the City of Riverside [OPP±00435; FRL±5368±9] inspection in Rm. 1132 at the Virginia (Riverside), FERC Rate Schedule No. address given above from 8 a.m. to 4:30 250, and associated Firm Transmission Renewal of Agency Information p.m., Monday through Friday, excluding Service Agreements (FTS Agreement): Collection Activities legal holidays. Supplemental Agreement Between FOR FURTHER INFORMATION CONTACT: AGENCY: Southern California Edison Company Environmental Protection Ellen Kramer, Policy and Special and City of Riverside for the Integration Agency (EPA). Projects Staff, Office of Pesticide of the Bonneville Power ACTION: Notice. Programs, Environmental Protection Administration-Riverside 1996 Diversity SUMMARY: This notice announces that Agency, Mail Code (7501C), 401 M St., Exchange Agreement the following Information Collection SW., Washington, DC 20460, Telephone: Edison-Riverside 1996 BPA Firm Request (ICR) is coming up for renewal. (703) 305-6475, e-mail: Transmission Service Agreement This ICR, Compliance Requirements for [email protected]. Between Southern California Edison Child Resistant Packaging, OMB No. SUPPLEMENTARY INFORMATION: Copies of Company and City of Riverside 2070-0052, expires on October 31, 1996. the complete ICR and accompanying The Supplemental Agreement sets Before submitting the renewal package appendices may be obtained from the forth the terms and conditions by which to the Office of Management and Budget OPP docket at the above address or by Edison will integrate capacity and (OMB), EPA is soliciting comments on contacting the person whose name associated energy under Riverside’s the specific aspects of the collection appears under FOR FURTHER 1996 Diversity Exchange Agreement described below. INFORMATION CONTACT. with Bonneville Power Administration DATES: Comments must be submitted on Electronic Availability: Electronic (BPA Agreement). The FTS Agreement or before July 15, 1996. copies of each ICR are available from the sets forth the terms and conditions by ADDRESSES: Submit written comments EPA Public Access gopher which Edison, among other things, will identified by the docket control number (gopher.epa.gov) at the Environmental provide firm bi-directional transmission OPP–00435 and the ICR number by mail Sub-Set entry for this document under service for the BPA Agreement. Edison to: Public Response Section, Field ‘‘Rules and Regulations.’’ Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24487

I. Information Collection Requests tested by the revised testing procedures (ii) Evaluate the accuracy of the EPA is seeking comments on the in 16 CFR 1700.20, as published in 60 agency’s estimates of the burdens of the following Information Collection FR 37710 (July 21, 1995),’’ and ‘‘the type proposed collections of information. Request (ICR) renewal. of package is a (describe closure) with (iii) Enhance the quality, utility, and (describe method of using closure), Title: Compliance Requirement for the llll clarity of the information to be Child Resistant Packaging Act. ICR No. ASTM Type with a (describe collected. 0616.06. OMB No. 2070-0052. container),’’ will suffice for this purpose. (iv) Minimize the burden of the Expiration date: October 31, 1996. collections of information on those who Affected entities: This is a Burden statement: This is a recertification required for all pesticide are to respond, including through the recertification of all registrants to ensure products subject to CRP regulations or use of appropriate automated or they are in compliance with the revised first time certification for products electronic collection technologies or effectiveness standards and protocol test which are under CRP requirements. The other forms of information technology, procedures by January 21, 1998. All annual respondent burden for this e.g., permitting electronic submission of registrants subject to child-resistant program is estimated to average 1.7 responses. packaging (CRP) (unless exempted hours per response, including time for: under 40 CFR 157.24), including those Send comments regarding these reading instructions, planning activities, whose products are currently registered matters, or any other aspect of these creating information, processing, with certifications on file, must submit information collections, including compiling, and reviewing information suggestions for reducing the burdens, to a new certification. After January 21, for reliability and appropriateness, 1998, CRP certification will usually be the docket under ADDRESSES listed completing written compliance above. conducted only when a registrant documents, and storing, filing, and notifies EPA by application of their maintaining the data. III. Public Record intention to either change packaging, The total number of registrants enter the residential market, or affected by this ICR is estimated to be A record has been established for this otherwise become subject to CRP 449 per year. Total cost per respondent action under docket number ‘‘OPP– regulations. to comply with the CRP, including 00435’’ (including comments and data Abstract: Section 25(c)(3) of the capital costs, labor costs, and other submitted electronically as described Federal Insecticide, Fungicide, and operating and maintenance costs is below). A public version of this record, Rodenticide Act (FIFRA) establishes estimated at approximately $109.90 per including printed, paper versions of standards for the packaging of pesticides response. electronic comments, which does not or devices to protect children and adults The change in the Agency activities, include any information claimed as CBI, from serious illness or injury resulting which require 30 minutes maximum, is available for inspection from 8 a.m. to from accidental ingestion or contact relate to the screening of the CRP 4:30 p.m., Monday through Friday, with these pesticides or devices. These certifications to ensure they reference excluding legal holidays. The public standards are designed to be consistent the new effectiveness standards and record is located in Rm. 1132 of the with those under the Poison Prevention protocol testing procedures. Incomplete/ Public Response and Program Resources Packaging Act, administered by the incorrect certifications will be returned Branch, Field Operations Division Consumer Product Safety Commission to registrants. Complete certifications (7506C), Office of Pesticide Programs, (CPSC). The Poison Prevention including the description of the package Environmental Protection Agency, Packaging Act previously included the used will be acknowledged, entered into Crystal Mall #2, 1921 Jefferson Davis packaging of pesticides, but was the Office of Pesticide Programs Data Highway, Arlington, VA. amended in 1976 to exclude them and Systems (OPUS), and filed in the Electronic comments can be sent that responsibility now rests with EPA. pesticide product registration jacket. directly to EPA at: EPA’s CRP regulations reference the The self-certification will demonstrate [email protected] CPSC packaging standards and protocol to the Agency that the respondents are testing procedures for CRP to avoid aware of the revised effectiveness Electronic comments must be duplicative testing of packages for standards and protocol testing submitted as an ASCII file avoiding the pesticidal and nonpesticidal purposes. procedures regarding CRP, and are in use of special characters and any form To ensure that all pesticide registrants compliance with them. In turn, the of encryption. are in compliance with the revised Agency will know the type of CRP being The official record for this action, as effectiveness standards and protocol test used, and thus, be able to review CRP procedures, by January 21, 1998, all well as the public version, as described exemption requests more rapidly. above will be kept in paper form. registrants subject to CRP (unless Any Agency may not conduct or Accordingly, EPA will transfer all exempted under 40 CFR 157.24) must sponsor, and a person is not required to comments received electronically into submit (1) a new certification and (2) a respond to a collection of information printed, paper form as they are received description of the type of package used unless it displays a currently valid OMB and will place the paper copies in the and its designation using the American control number. The OMB control official rulemaking record which will Society for Testing and Materials numbers for EPA’s regulations are also include all comments submitted (ASTM) Standard D3475-95 ‘‘Standard contained in 40 CFR part 9. Classification of Child-Resistant directly in writing. The official Packages.’’ The ASTM Standard D3475- II. Request for Comments rulemaking record is the paper record 95 provides uniform terminology and EPA solicits comments to: maintained at the address in universal descriptions of various types (i) Evaluate whether the proposed ‘‘ADDRESSES’’ at the beginning of this of CRPs. The statements ‘‘I certify that collections of information described document. the packaging used for this product above are necessary for the proper List of Subjects meets the standards of 40 CFR 157.32, performance of the functions of the including the revised effectiveness agency, including whether the Environmental protection and standards in 16 CFR 1700.15(b), when information will have practical utility. Information collection requests. 24488 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Dated: May 8, 1996. Depository Libraries. Additional Abstract: EPCRA section 313 requires Susan H. Wayland, information on electronic submissions certain facilities manufacturing, Acting Assistant Administrator, Office of can be found in Unit III. of this processing, or otherwise using certain Prevention, Pesticides, and Toxic Substances. document. toxic chemicals in excess of specified [FR Doc. 96–12189 Filed 5–14–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: For threshold quantities to report their environmental releases of such BILLING CODE 6560±50±F general information contact: Susan B. Hazen, Director, Environmental chemicals annually. Each such facility Assistance Division (7408), Office of must file a separate report for each such [OPPTS±00184; FRL±5366±1] Pollution Prevention and Toxics, chemical. EPA has authority to revise Environmental Protection Agency, 401 the threshold amounts. Agency Information Collection EPA has established an alternate Activities M St., SW., Washington, DC 20460, Telephone: 202-554-1404, TDD: 202- threshold for those facilities with low amounts of a listed toxic chemical in AGENCY: Environmental Protection 554-0551, e-mail: TSCA- [email protected]. For technical wastes. A facility that otherwise meets Agency (EPA). the current reporting thresholds but ACTION: Notice. information contact: Brian Symmes, Environmental Assistance Division estimates that the total amount of the SUMMARY: In compliance with the (7408), Office of Pollution Prevention chemical in total waste does not exceed Paperwork Reduction Act (44 U.S.C. and Toxics, Environmental Protection 500 pounds per year, and that the chemical was manufactured, processed, 3501 et seq.), this notice announces that Agency, 401 M St., SW., Washington, or otherwise used in an amount not EPA is planning to submit the following DC 20460, Telephone: 202-260-9121; exceeding 1 million pounds during the continuing Information Collection Fax: 202-401-8142; e-mail: reporting year, can take advantage of Request (ICR) to the Office of [email protected]. reporting under the alternate threshold Management and Budget (OMB). Before SUPPLEMENTARY INFORMATION: submitting the ICR to OMB for review option for that chemical for that and approval, EPA is soliciting I. Background reporting year. Each qualifying facility that chooses comments on specific aspects of the Entities potentially affected by this information collection as described to apply the revised threshold must file action are those chemical facilities that an annual certification statement in lieu below. The ICR is a continuing ICR manufacture, process, or otherwise use entitled Alternate Threshold for Low of a complete report form. The annual certain toxic chemicals and which are certification certifies that the sum of the Annual Reportable Amounts, EPA ICR required, under section 313 of the No. 1704, OMB No. 2070-0143. An amount of the EPCRA section 313 Emergency Planning and Community chemical in wastes did not exceed 500 Agency may not conduct or sponsor, Right-to-Know Act of 1986 (EPCRA), to and a person is not required to respond pounds for the reporting year, and that report annually to EPA their the chemical was manufactured, to, a collection of information unless it environmental releases of such displays a currently valid OMB control processed, or otherwise used in an chemicals. For the collection of amount not exceeding 1 million pounds number. The OMB control numbers for information addressed in this notice, during the reporting year. Use of the EPA’s regulations are listed in 40 CFR EPA would like to solicit comments to: certification, rather than submitting a part 9. (i) Evaluate whether the proposed complete reporting form, represents a DATES: Written comments must be collection of information is necessary substantial savings to respondents, both submitted on or before July 15, 1996. for the proper performance of the in burden hours and in labor costs. ADDRESSES: Submit three copies of all functions of the Agency, including The primary function served by the written comments to: TSCA Document whether the information will have certification statement is to satisfy the Receipts (7407), Room NE-G99, Office of practical utility. statutory requirement to maintain Pollution Prevention and Toxics, (ii) Evaluate the accuracy of the reporting on a substantial majority of Environmental Protection Agency, 401 Agency’s estimate of the burden of the releases for all listed chemicals. Without M St., SW., Washington, DC 20460, proposed collection of information, the certification statement, users of TRI Telephone: 202-260-7099. All comments including the validity of the data would not have access to any should reference administrative record methodology and assumptions used. information on these chemicals. The number AR-156. This ICR is available (iii) Enhance the quality, utility, and certification statement is also a de facto for public review at, and copies may be clarity of the information to be range report, which is useful to any requested from, the docket address and collected. party interested in amounts being phone number listed above. Comments (iv) Minimize the burden of the handled at a particular facility or for and data may also be submitted collection of information on those who broader statistical purposes. electronically by sending electronic are to respond, including through the Additionally, the certification statement mail (e-mail) to: [email protected]. use of appropriate automated electronic, provides compliance monitoring and Electronic comments must be submitted mechanical, or other technological enforcement programs and other as an ASCII file avoiding the use of collection techniques or other forms of interested parties a means to track special characters and any form of information technology, e.g., permitting chemical management activities and encryption. Comments and data will electronic submission of responses. verify overall compliance with the rule. also be accepted on disks in Responses to the collection of WordPerfect in 5.1 file format or ASCII II. Information Collection information are mandatory (see 40 CFR file format. All comments and data in EPA is seeking comments on the part 372). Respondents may claim all or electronic form must be identified by following Information Collection part of a notice confidential. EPA will the administrative record number AR- Request. disclose information that is covered by 156’’ and ICR number 1704. No CBI Title: Alternate Threshold for Low a claim of confidentiality only to the should be submitted through e-mail. Amounts in Waste, EPA ICR No. 1704, extent permitted by, and in accordance Electronic comments on this document OMB No. 2070-0143, expires September with, the procedures in TSCA section 14 may be filed online at many Federal 30, 1996. and 40 CFR part 2. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24489

It should be noted that at the time of III. Public Record SUMMARY: In accordance with section its last approval of this collection, OMB A record has been established for this 6(f)(1) of the Federal Insecticide, placed conditions on the subsequent action under docket number ‘‘OPPTS– Fungicide and Rodenticide Act (FIFRA), clearance of the collection. OMB 00184’’ (including comments and data as amended, EPA is issuing a notice of directed EPA to analyze TRI reports submitted electronically as described receipt of request for amendment by submitted for reporting year 1995, below). A public version of this record, registrants to delete uses in certain recalculate the number of respondents including printed, paper versions of pesticide registrations. and the respondent burden resulting electronic comments, which does not DATES: Unless a request is withdrawn, from this collection, and determine if include any information claimed as CBI, the Agency will approve these use the alternative threshold should be is available for inspection from noon to deletions and the deletions will become changed. Additionally, if EPA 4 p.m., Monday through Friday, effective on August 13, 1996. determined that changes in the excluding legal holidays. The public regulation were warranted, OMB record is located in the TSCA FOR FURTHER INFORMATION CONTACT: By directed EPA to initiate rulemaking to Nonconfidential Information Center, mail: James A. Hollins, Office of make the necessary changes. However, Rm. NE-B607, 401 M St., SW., Pesticide Programs (7502C), time constraints specified by OMB in its Washington, DC 20460. Environmental Protection Agency, 401 conditions leave insufficient time for Electronic comments can be sent M St., SW., Washington, DC 20460. EPA to comply with the above directly to EPA at: Office location for commercial courier requirements. Accordingly, EPA [email protected] delivery and telephone number: Room proposes to request renewed OMB Electronic comments must be 216, Crystal Mall #2, 1921 Jefferson approval for this collection without, at submitted as an ASCII file avoiding the Davis Highway, Arlington, VA, (703) this time, attempting to meet the use of special characters and any form 305–5761; e-mail: conditions outlined by OMB. EPA will, of encryption. [email protected]. however, proceed in a timely fashion The official record for this action, as SUPPLEMENTARY INFORMATION: with the analysis and related actions well as the public version, as described and decisions to satisfy OMBs above will be kept in paper form. I. Introduction conditions, in expectation of being able Accordingly, EPA will transfer all to respond to those conditions upon the comments received electronically into Section 6(f)(1) of FIFRA provides that next following request for OMB printed, paper form as they are received a registrant of a pesticide product may approval of this collection. and will place the paper copies in the at any time request that any of its Burden Statement: The burden to official record which will also include pesticide registrations be amended to respondents for complying with this ICR all comments submitted directly in delete one or more uses. The Act further is estimated to total 803,669 hours per writing. The official record is the paper provides that, before acting on the year, with an annual cost of $43.7 record maintained at the address in request, EPA must publish a notice of million. These totals are based on an ADDRESSES at the beginning of this receipt of any such request in the average burden of approximately 34.5 document. Federal Register. Thereafter, the Administrator may approve such a hours per response for an estimated List of Subjects 11,678 respondents, submitting an request. Environmental protection and average of two reports of information II. Intent to Delete Uses annually. There are recordkeeping Information collection requests. requirements associated with this Dated: May 8, 1996. This notice announces receipt by the collection. This estimate includes the Susan H. Wayland, Agency of applications from registrants time needed to review instructions; Acting Assistant Administrator for to delete uses in the five pesticide develop, acquire, install and utilize Prevention, Pesticides and Toxic Substances. registrations listed in the following technology and systems for the purposes [FR Doc. 96–12193 Filed 5–14–96; 8:45 am] Table 1. These registrations are listed by of collecting, validating and verifying registration number, product names, BILLING CODE 6560±50±F information, processing and active ingredients and the specific uses maintaining information, and disclosing deleted. Users of these products who and providing information; adjust the [OPP±34096; FRL 5366±7] desire continued use on crops or sites existing ways to comply with any being deleted should contact the previously applicable instructions and Notice of Receipt of Requests for applicable registrant before August 13, requirements; train personnel to be able Amendments to Delete Uses in Certain 1996 to discuss withdrawal of the to respond to a collection of Pesticide Registrations applications for amendment. This 90- information; search data sources; AGENCY: Environmental Protection day period will also permit interested complete and review the collection of Agency (EPA). members of the public to intercede with information; and transmit or otherwise registrants prior to the Agency approval ACTION: Notice. disclose the information. of the deletion.

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA Reg No. Product Name Active Ingredient Delete From Label

000239±02483 Ortho Methoxychlor 70 Methoxychlor Ornamental & vegetable uses 000707±00203 Kelthane Technical Agricultural Dicofol Residential home lawns Miticide 007501±00054 Terraclor Super-X 20±5 Dust Pentachloronitro-benzene Sugar beets w/Graphite 24490 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

TABLE 1. Ð REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONSÐContinued

EPA Reg No. Product Name Active Ingredient Delete From Label

047000±00026 Garden & Pet Dust Rotenone; Cube resins other All home garden use than rotenone 051036±00073 Dibrom 8EC Naled Soybeans, cucumbers, turnip greens, winter squash, rice, tobacco, pumpkins, tomatoes (field)

The following Table 2 includes the names and addresses of record for all registrants of the products in Table 1, in sequence by EPA company number.

TABLE 2. Ð REGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

Com- pany No. Company Name and Address

000239 The Solaris Group of Monsanto Co., P.O. Box 5006, San Ramon, CA 94583. 000707 Rohn & Haas Co., 100 Independence Mall West, Philadelphia, PA 19106. 007501 Gustafson Inc., P.O. Box 66065, Dallas, TX 75266. 047000 Chem-Tech Ltd., 4515 Fleur Dr., Suite #303, Des Moines, IA 50321. 051036 Micro Flo Company, P.O. Box 5948, Lakeland, FL 33807.

III. Existing Stocks Provisions ‘‘OPP–34093’’ and the case should be Information not marked confidential The Agency has authorized registrants submitted to: By mail: OPP Pesticide will be included in the public docket to sell or distribute product under the Docket, Public Response and Program without prior notice. The public docket previously approved labeling for a Resources Branch, Field Operations and docket index will be available for period of 18 months after approval of Division (7506C), Office of Pesticide public inspection in Rm. 1132 at the the revision, unless other restrictions Programs, Environmental Protection address given above, from 8:00 a.m. to have been imposed, as in special review Agency, 401 M St., SW., Washington, 4:30 p.m., Monday through Friday, actions. DC 20460. In person deliver comments excluding legal holidays. to : OPP Pesticide Docket, Rm. 1132, FOR FURTHER INFORMATION CONTACT: List of Subjects Crystal Mall #2, 1921 Jefferson Davis Walter I. Waldrop, Reregistration Highway, Arlington, VA. Environmental protection, Pesticides Branch, Special Review and and pests, Product registrations. Comments and data may also be Reregistration Division (7508W), Office submitted electronically by sending of Pesticide Programs, Environmental Dated: April 30, 1996. electronic mail (e-mail) to: opp- Protection Agency, 401 M St., SW., Frank Sanders, [email protected]. Electronic Washington, DC 20460. Office location: Director, Program Management and Support comments must be submitted as an Crystal Station 1, WF33G5, 2800 Crystal Division, Office of Pesticide Programs. ASCII file avoiding the use of special Drive, Arlington, VA. By telephone, call, [FR Doc. 96–12079 Filed 5–14–96; 8:45 am] characters and any form of encryption. (703) 308–8062. E-mail: Comments and data will also be [email protected]. BILLING CODE 6560±50±F accepted on disks in WordPerfect in 5.1 To request a copy of a completed RED file format or ASCII file format. All document listed below or of a RED Fact [OPP±34093; FRL±5354±5] comments and data in electronic form Sheet, contact the OPP Pesticide Docket, must be identified by the docket number Public Response and Program Resources Reregistration Eligibility Decision (OPP–34093). No Confidential Business Branch, in Rm. 1132 at the address (RED) Development Schedule Information (CBI) should be submitted given above or call (703) 305–5805. RED AGENCY: Environmental Protection through e-mail. Electronic comments on documents and RED Fact Sheets can Agency (EPA). this notice may be filed online at many also be obtained from the National ACTION: Notice. Federal Depository Libraries. Additional Center for Environmental Publications information on electronic submissions and Information (NCEPI), P. O. Box SUMMARY: This notice announces EPA’s can be found in ‘‘SUPPLEMENTARY 42419, Cincinnati, OH 45242 - 0419. schedule for Reregistration Eligibility INFORMATION’’ at the end of this Tel: (513) 489–8190. Fax:(513) 489– Decisions (REDs) during fiscal year document. 8695. 1996, and invites public comment to Information submitted as a comment Electronic copies of many completed assist the Agency in prioritizing a list of in response to this notice may be REDs and RED fact sheets can be candidate pesticides for completion of claimed confidential by marking any downloaded from the Pesticide Special REDs in fiscal year 1997. A list of the part or all of that information as CBI. Review and Reregistration Information 40 REDs completed by the Agency Information so marked will not be System at 703–308–7224, and also can during fiscal year 1995 also is provided. disclosed except in accordance with be reached on the Internet via DATES: Written comments must be procedures set forth in 40 CFR part 2. fedworld.gov and EPA’s public access submitted by July 15, 1996. A copy of the comment that does not gopher server (gopher.epa.gov). ADDRESSES: Three copies of comments contain CBI must be submitted for SUPPLEMENTARY INFORMATION: EPA is identified with the docket number inclusion in the public docket. required by law to reregister existing Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24491 pesticides that originally were registered BHAP Methylene Bisthiocyanate years ago when the standards for Bis(trichloromethyl) Sulfone Methylisothiazoline government approval were less stringent Bronopol Metribuzin than they are today. This Chlorhexidine Diacetate MitinFF Chlorpropham Naled comprehensive reevaluation of pesticide 4-Chlorophenoxyacetic Acid (4-CPA) 4-Nitrophenol safety is critical to protecting human Cyanazine Norflurazon health and the environment. In 1988, Cytokinin NPV (Nuclear Polyhedral Viruses) Congress amended the Federal DCPA Inclusion Bodies Insecticide, Fungicide, and Rodenticide Dimethoxane Paraquat Dichloride Act (FIFRA) to strengthen and accelerate Diquat Dibromide p-Chlor-m-cresol EPA’s reregistration program. The Dowicil 100 Pendimethalin Phorate reregistration scheme mandated by Ethalfluralin Ethephon Profenofos ‘‘FIFRA ’88’’ applies to each registered Fenitrothion Propoxur pesticide product containing an active Fosamine Ammonium Strychnine ingredient initially registered before Linuron Tanol Derivatives November 1, 1984. Methyl Nonyl Ketone Terbufos In 1988 approximately 600 groups of Metolachlor Tridencenyl Acetate related pesticide active ingredients, or Nabam Troysan KK-108A ‘‘cases,’’ representing 1,150 active Nuranone Vanicide ingredients in 45,000 formulated O-Benzyl-Chlorophenol Vinclozolin Virelure products, required reevaluation. Of Picloram Polybutene EPA’s goal is to complete an those, over 200 cases and 20,000 Prometryn products have been cancelled because additional 40 REDs during FY ’97. Propamocarb Hydrochloride These most likely will consist of some the producers failed to support them or Sodium Fluoroacetate-1080 EPA has taken regulatory action to Sodium Omadine FY ’96 RED candidates from the list cancel them. Of the remaining 382 cases Starlicide above, plus other RED candidates from being supported, EPA has made Terbuthylazine the two lists below. The first list below reregistration eligibility decisions on Tetrachlorvinphos contains 17 pesticide reregistration 129 cases, to date. Trichlorfon cases for which the Agency already has In reviewing pesticides for Trifluralin begun to develop scientific assessments. reregistration, EPA gathers a During FY ’96, EPA’s goal is to Benomyl substantially complete set of data on complete 40 REDs from the following Bromoxynil each chemical case, examines related list of 50 candidate pesticide Butralin health and environmental effects, and reregistration cases. The Agency Cypermethrin DEF employs measures to most effectively believes it has a substantially complete data base regarding the human health Dimethoate mitigate risks. This evaluation and risk Fluvalinate mitigation process is complete when and environmental effects of each of Fonofos EPA is satisfied that the pesticide(s), these pesticides. However, due to the Methidathion used in accordance with approved complexities involved in refining risk Oxamyl labeling, will not pose unreasonable mitigation measures, and available Oxyfluorfen risks to human health or the Agency resources, EPA’s goal is to PCNB environment. complete REDs for only 40 of these 50 Permethrin EPA’s regulatory conclusion about candidates, this year. Sulprofos Thiobencarb each case is presented in a RED Alachlor Thiodicarb document. Later, once product-specific Aldicarb Triclopyr data and revised labeling are submitted Amitrole to EPA and approved, the Agency B. popilliae & B. lentimorb EPA expects to have complete data reregisters products containing the Bromacil sets in FY ’97 for the following pesticide eligible pesticide(s). A pesticide product Bromadiolone reregistration cases, but has not yet is not reregistered, however, until all of Bromethalin scheduled scientific assessments or Captan its active ingredients are eligible for REDs for these cases. Due to the limited Chlorothalonil Agency resources available to make reregistration. Chlorpyrifos EPA completed 40 REDs in fiscal year reregistration eligibility decisions, Colletotrichum Gloesporioides Spores EPA’s goal is to complete a total of 1995 (FY ’95). (The federal Coumaphos government’s fiscal year begins on Cryolite about 40 REDs during the next fiscal October 1 and ends on September 30 of DEET year. In addition to the cases listed the named year.) Several of the FY ’95 Desmedipham above, science reviews will be RED documents, while signed, still are Dibromodicyanobutane completed for some of the cases listed undergoing in house processing Dichlobenil below, in preparation for REDs in future including printing. Copies of most, but Dicofol years. Diflubenzuron The public is invited to submit not all, of these REDs are available. The Dimethyloxazolidine FY ’95 REDs follow: information to assist the Agency in Ethion prioritizing the following pesticides for Agrobacterium Radiobacter Fenamiphos reregistration eligibility decisions in FY Fenthion Aliphatic Alcohols ’97. EPA is interested in knowing which Alkyl Imidazolines Gibberellic Acid Amitraz Hydroprene of these pesticides are of the greatest Ancymidol Hydroxyethyl Octyl Sulfide interest or concern to the public from a Asulam Hydroxypropyl Methanethiosulfonate human health or environmental Benzocaine Mepiquat Chloride perspective, and why, so that our 24492 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices limited resources may be focused most Propanil Washington, DC 20460. In person, bring effectively. Propetamphos comments to: Rm. 1132, CM #2, 1921 Of these pesticides, those that the Propylene Oxide Jefferson Davis Highway, Arlington, VA Agency believes may pose high dietary, Pyrazon 22202. Pyrethrin Comments and data may also be occupational, or residential exposure or Pyrimidinone (Amdro) risk are ones that the Agency would give Sethoxydim submitted electronically by sending priority to in its reregistration Siduron electronic mail (e-mail) to: opp- evaluation. Therefore, information of Sodium Bisulfite and Sulfur Dioxide [email protected]. Electronic particular value to the Agency in Sodium Chlorate comments must be submitted as an prioritizing these FY ’97 candidates Sulfonated Oleic Acid ASCII file avoiding the use of special should relate to exposure and risks from Sumithrin characters and any form of encryption. use of the chemicals. Telone Comments and data will also be Terbacil 2,4-D accepted on disks in WordPerfect 5.1 Terrazole file format or ASCII file format. All 2,4-DB Tetramethrin 2,4-DP Thiabendazole comments and data in electronic form Acrolein Triallate must be identified by the docket number Allethrin Zinc Omadine [PF–651]. Electronic comments on this Arsenal Zinc Phosphide notice may be filed online at many Azadioxabicyclooctane Federal Depository Libraries. Additional Azinphos-Methyl The official record for this notice, as well as the public version, as described information on electronic submissions Bendiocarb can be found below in this document. Benfluralin above will be kept in paper form. Information submitted as a comment Bensulide Accordingly, EPA will transfer all concerning this document may be Benzisothiaszolin-3-one comments received electronically into claimed confidential by marking any Bioban P-1487 printed, paper form as they are received part or all of that information as Bis(bromoacetoxy)-2-butene and will place the paper copies in the Brodifacoum ‘‘Confidential Business Information’’ official record which will also include Bromonitrostyrene (CBI). CBI should not be submitted all comments submitted directly in Cacodylic Acid through e-mail. Information marked as writing. The official record is the paper Calcium Polysulfide CBI will not be disclosed except in record maintained at the address in Carbofuran accordance with procedures set forth in Chlorine Dioxide ‘‘ADDRESSES’’ at the beginning of this 40 CFR part 2. A copy of the comment Chloroneb document. Chloropicrin that does not contain CBI must be Chlorphacinone List of Subjects submitted for inclusion in the public Chlorsulfuron record. Information not marked Coal Tar/Creosote Environmental protection. confidential may be disclosed publicly Cycloate Dated: May 6, 1996. by EPA without prior notice. All written Dazomet comments will be available for public Diiodomethyl p-Tolyl Sulfone Lois Rossi, inspection in Rm. 1132 at the address Dipropyl Isocinchomeronate Director, Special Review and Reregistration given above, from 8 a.m. to 4:30 p.m., Dikegulac Sodium Division, Office of Pesticide Programs. Diphacinone Monday through Friday, excluding legal Diphenylamine [FR Doc. 96–12080 Filed 5–14–96; 8:45am] holidays. Diuron BILLING CODE 6560±50±F FOR FURTHER INFORMATION CONTACT: By EPTC mail: Robert Taylor, Product Manager Endosulfan (PM) 25, Registration Division (7505C), Flumetralin [PF±651; FRL±5365±7] Office of Pesticide Programs, Fluometuron Dicamba; Notice of Filing of Pesticide Environmental Protection Agency, 401 Formaldehyde M St., SW., Washington, DC 20460. Formetanate HCl Tolerance Petition Grotan Office location and telephone number: Iprodione AGENCY: Environmental Protection Rm. 245, CM #2, 1921 Jefferson Davis Irgasan Agency (EPA). Highway, Arlington, VA 22202, (703)– Malathion ACTION: Notice. 305–6800; e-mail: MCPB [email protected]. Mefluidide and Salts SUMMARY: EPA has received from SUPPLEMENTARY INFORMATION: The Methomyl Sandoz Agro, Inc., 1300 E. Touhy Environmental Protection Agency has Methyl Esters of Fatty Acids Avenue, Des Plaines, Il 60018, pesticide received pesticide petition (PP) 4F3041 Napthalene petition proposing to establish Octhilinone proposing to amend 40 CFR 180.227 to tolerances for the herbicide dicamba on establish tolerances for the use of the Oil of Pennyroyal various agricultural commodities. Oxadiazon herbicide dicamba (3,6-dichloro-o-anisic Oxydemeton Methyl (ODM) DATES: Comments, identified by the acid) and its metabolite 3,6-dichloro-5- Oxythioquinox document control number [PF–651], hydroxy-o-anisic acid and 3,6-dichloro- Pentachlorophenol must be received on or before June 14, 2-hydroxy benzoic acid in or on wheat Perbulate 1996. grain at 0.5 parts per million (ppm), Phenmedipham ADDRESSES: By mail, submit written wheat straw at 50 ppm, barley grain at Phenol Phosmet comments to: Public Response and 0.5 ppm, barley straw at 50 ppm, Pine Oil Program Resources Branch, Field soybean grain at 1.0 ppm, soybean hulls Piperonyl Butoxide Operations Division (7506C), Office of at 5.0 ppm, soybean forage at 0.5 ppm Pirimiphos-Methyl Pesticide Programs, Environmental and soybean, aspirated grain fractions at Prometon Protection Agency, 401 M St., SW., 75 ppm. The petition was submitted by Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24493

Sandoz Agro, Inc. 1300 E. Touhy SUMMARY: EPA has received specific confidential may be disclosed publicly Avenue, Des Plaines, IL 60018. exemption requests from the Louisiana by EPA without prior notice. All written A record has been established for this Department of Agriculture and Forestry, comments filed pursuant to this notice notice of filing under docket number and from the Oklahoma Department of will be available for public inspection in [PF–651] (including comments and data Agriculture (hereafter referred to as the Rm. 1132, Crystal Mall No. 2, 1921 submitted electronically as described ‘‘Applicants’’) to use the pesticide Jefferson Davis Highway, Arlington, VA, below). A public version of this record, flowable Carbofuran (Furadan 4F from 8 a.m. to 4:30 p.m., Monday including printed, paper versions of Insecticide/Nematicide) (EPA Reg. No. through Friday, except legal holidays. electronic comments, which does not 279–2876) to treat up to 750,000 acres FOR FURTHER INFORMATION CONTACT: By include any information claimed as CBI, of cotton in Louisiana, and up to mail: David Deegan, Registration is available for inspection from 8 a.m. to 148,000 acres of cotton in Oklahoma, to Division (7505W), Office of Pesticide 4:30 p.m., Monday through Friday, control cotton aphids. The Applicants Programs, Environmental Protection excluding legal holidays. The public propose the use of a chemical which has Agency, 401 M St., SW., Washington, record is located in Room 1132 of the been the subject of a Special Review DC 20460. Office location and telephone Public Response and Program Resources within EPA’s Office of Pesticide number: Floor 6, Crystal Station #1, Branch, Field Operations Division Programs, and the proposed use could 2800 Jefferson Davis Highway, (7506C), Office of Pesticide Programs, pose a risk similar to the risk assessed Arlington, VA, (703) 308–8327; e-mail: Environmental Protection Agency, by EPA under the Special Review of [email protected]. Crystal Mall #2, 1921 Jefferson Davis granular carbofuran. Therefore, in SUPPLEMENTARY INFORMATION: Pursuant Highway, Arlington, VA. accordance with 40 CFR 166.24, EPA is to section 18 of the Federal Insecticide, Electronic comments can be sent soliciting public comment before Fungicide, and Rodenticide Act (FIFRA) directly to EPA at: making the decision whether or not to (7 U.S.C. 136p), the Administrator may, [email protected] grant the exemption. at her discretion, exempt a state agency DATES: Comments must be received on from any registration provision of Electronic comments must be or before May 30, 1996. FIFRA if she determines that emergency submitted as an ASCII file avoiding the ADDRESSES: Three copies of written conditions exist which require such use of special characters and any form comments, bearing the identification exemption. The Applicants have of encryption. notation ‘‘OPP–181012,’’ should be requested that the Administrator issue The official record for this submitted by mail to: Public Response specific exemptions for the use of rulemaking, as well as the public and Program Resource Branch, Field carbofuran on cotton to control aphids. version, as described above will be kept Operations Division (7506C), Office of Information in accordance with 40 in paper form. Accordingly, EPA will Pesticide Programs, Environmental CFR part 166 was submitted as part of transfer all comments received Protection Agency, 401 M St., SW., these requests. As part of these requests, electronically into printed, paper form Washington, DC 20460. In person, bring the Applicants assert that the states of as they are received and will place the comments to: Rm. 1132, Crystal Mall #2, Louisiana and Oklahoma are likely to paper copies in the official rulemaking 1921 Jefferson Davis Highway, experience nonroutine infestations of record which will also include all Arlington, VA. aphids during the 1996 cotton growing comments submitted directly in writing. Comments and data may also be season. The applicants further claim The official rulemaking record is the submitted electronically by sending that, without specific exemptions of paper record maintained at the Virginia electronic mail (e-mail) to: opp- FIFRA for the use of flowable address in ‘‘ADDRESSES’’ at the [email protected]. Electronic carbofuran on cotton to control cotton beginning of this document. comments must be submitted as an aphids, cotton growers in much of these List of subjects ASCII file avoiding the use of special states will suffer significant economic Environmental protection, characters and any form of encryption. losses. The applicants also detail use Administrative practice and procedure, Comments and data will also be programs designed to minimize risks to Agricultural commodities, Pesticides accepted on disks in WordPerfect in 5.1 pesticide handlers and applicators, non- and pests, Reporting and recordkeeping file format or ASCII file format. All target organisms (both Federally-listed requirements. comments and data in electronic form endangered species, and non-listed must be identified by the docket number species), and to reduce the possibility of Authority: 7 U.S.C. 136a. [OPP–181012]. No Confidential drift and runoff. Dated: May 6, 1996. Business Information (CBI) should be The applicants propose to make no submitted through e-mail. Electronic more than two applications at the rate Stephen L. Johnson, comments on this notice may be filed of 0.25 lb. active ingredient [(a.i.)] (8 Director, Registration Division, Office of online at many Federal Depository fluid oz.) in a minimum of 2 gallons of Pesticide Programs. Libraries. Additional information on finished spray per acre by air, or 10 [FR Doc. 96–12194; Filed 5–14–96; 8:45 am] electronic submissions can be found gallons of finished spray per acre by BILLING CODE 6560±50±F below in this document. ground application. The total maximum Information submitted in any proposed use during the 1996 growing comment concerning this notice may be season (Louisiana proposes a use season [OPP±181012; FRL 5368±5] claimed confidential by marking any of June 01, 1996 until September 30, part or all of that information as (CBI). 1996; Oklahoma proposes a use season Carbofuran; Receipt of Application for Information so marked will not be from July 10, 1996 until October 15, Emergency Exemption, Solicitation of disclosed except in accordance with 1996) would be 0.5 lb. a.i. (16 fluid oz.) Public Comment procedures set forth in 40 CFR part 2. per acre. The applicants propose that AGENCY: Environmental Protection A copy of the comment that does not the maximum acreage which could be Agency (EPA). contain CBI must be provided by the treated under the requested exemptions submitter for inclusion in the public would be 750,000 acres (Louisiana) and ACTION: Notice. record. Information not marked 148,000 acres (Oklahoma). If all acres 24494 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices were treated at the maximum proposed List of Subjects comments on this notice may be filed rates, then 375,000 lbs. a.i. would be Environmental protection, Pesticides online at many Federal Depository used in Louisiana, and 74,000 lbs. a.i. and pests, Emergency exemptions. Libraries. Additional information on would be used in Oklahoma. electronic submissions can be found Dated: May 1, 1996. This notice does not constitute a below in this document. decision by EPA on the application Stephen L. Johnson, Information submitted in any itself. The regulations governing section Director, Registration Division, Office of comment concerning this notice may be 18 require publication of a notice of Pesticide Programs. claimed confidential by marking any part or all of that information as (CBI). receipt of an application for a specific [FR Doc. 96–12078 Filed 5–14–96; 8:45 am] exemption proposing use of a chemical Information so marked will not be (i.e., an active ingredient) which has BILLING CODE 6560±50±F disclosed except in accordance with been the subject of a Special Review procedures set forth in 40 CFR part 2. within EPA’s Office of Pesticide [OPP±181013; FRL 5369±1] A copy of the comment that does not Programs, and the proposed use could contain CBI must be provided by the pose a risk similar the risk assessed by Puma 1EC; Receipt of Application for submitter for inclusion in the public EPA under the previous Special Review. Emergency Exemption, Solicitation of record. Information not marked Such notice provides for opportunity for Public Comment confidential may be disclosed publicly public comment on the application. by EPA without prior notice. All written AGENCY: Environmental Protection A record has been established for this comments filed pursuant to this notice Agency (EPA). notice under docket number [OPP– will be available for public inspection in 181012] (including comments and data ACTION: Notice. Rm. 1132, Crystal Mall No. 2, 1921 submitted electronically as described Jefferson Davis Highway, Arlington, VA, SUMMARY: EPA has received a specific below). A public version of this record, from 8 a.m. to 4:30 p.m., Monday exemption request from the North including printed, paper versions of through Friday, except legal holidays. Dakota State Department of Agriculture electronic comments, which does not (hereafter referred to as the FOR FURTHER INFORMATION CONTACT: By include any information claimed as CBI ‘‘Applicant’’) for use of the pesticide mail: Pat Cimino, Registration Division is available for inspection from 8 a.m. to fenoxyprop-p-ethyl plus a new inert (7505W), Office of Pesticide Programs, 4:30 p.m., Monday through Friday, ingredient safener, 1-(2,4- Environmental Protection Agency, 401 excluding legal holidays. The public dichlorophenyl)-4,5-dihydro-5-methyl- M St., SW., Washington, DC 20460. record is located in Room 1132 of the 1H-pyrazole-3,5-dicarboxylic acid, Office location and telephone number: Public Response and Program Resource diethyl ester to control green and yellow 6th Floor, Crystal Station #1, 2800 Branch, Field Operations Division foxtail on up to 300,000 acres of durum Jefferson Davis Highway, Arlington, VA (7506C), Office of Pesticide Programs, wheat. The Applicant proposes the first (703) 308–8328; e-mail: Environmental Protection Agency, food use of an inert ingredient; [email protected]. Crystal Mall #2, 1921 Jefferson Davis therefore, in accordance with 40 CFR SUPPLEMENTARY INFORMATION: Pursuant Highway, Arlington, VA. 166.24, EPA is soliciting public to section 18 of the Federal Insecticide, Electronic comments can be sent comment before making the decision Fungicide, and Rodenticide Act (FIFRA) directly to EPA at: whether or not to grant the exemption. (7 U.S.C. 136p), the Administrator may, [email protected] DATES: Comments must be received on at her discretion, exempt a State agency Electronic comments must be or before May 30, 1996. from any registration provision of submitted as an ASCII file avoiding the ADDRESSES: Three copies of written FIFRA if she determines that emergency use of special characters and any form comments, bearing the identification conditions exist which require such of encryption. notation ‘‘OPP–181013,’’ should be exemption. The Applicants have The official record for this notice, as submitted by mail to: Public Response requested the Administrator to issue a well as the public version, as described and Program Resources Branch, Field specific exemption for the use of the above will be kept in paper form. Operations Division (7506C), Office of herbicide Puma 1EC which contains the Accordingly, EPA will transfer all Pesticide Programs, Environmental registered herbicide active ingredient, comments received electronically into Protection Agency, 401 M St., SW., fenoxyprop-p-ethyl, plus an printed, paper form as they are received Washington, DC 20460. In person, bring unregistered inert ingredient safener, to and will place the paper copies in the comments to: Rm. 1128, Crystal Mall #2, control green and yellow foxtail on up official record which will also include 1921 Jefferson Davis Highway, to 300,000 acres of durum wheat in all comments submitted directly in Arlington, VA. North Dakota. Information in writing. The official record is the paper Comments and data may also be accordance with 40 CFR part 166 was record maintained at the address in submitted electronically by sending submitted as part of this request. ‘‘ADDRESSES’’ at the beginning of this electronic mail (e-mail) to: opp- The Applicant states that green and document. Accordingly, interested [email protected]. Electronic yellow foxtails, major weed pests in persons may submit written views on comments must be submitted as an North Dakota durum wheat, have this subject to the Field Operations ASCII file avoiding the use of special developed resistance to trifluralin Division at the address above. characters and any form of encryption. herbicide. The applicant indicates that The Agency, accordingly, will review Comments and data will also be alternative, registered herbicides do not and consider all comments received accepted on disks in WordPerfect in 5.1 provide reliable control of these weed during the comment period in file format or ASCII file format. All pests and that significant yield losses determining whether to issue the comments and data in electronic form will occur if only currently available emergency exemptions requested by the must be identified by the docket number materials can be used. Louisiana Department of Agriculture [OPP–181013]. No Confidential This is the first year that the and Forestry, and from the Oklahoma Business Information (CBI) should be Applicant has requested this pesticide Department of Agriculture. submitted through e-mail. Electronic for any use. The Applicant indicates Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24495 that North Dakota durum wheat acreage during the comment period in The experimental use permit is effective totals about 2.5 million acres. Not all determining whether to issue the from March 25, 1996 to March 15, 1997. durum wheat acres are infested with emergency exemption requested by the Temporary tolerances for residues of the trifluralin resistant foxtails and the North Dakota State Department of active ingredient in or on corn and applicant requests that Puma 1EC Agriculture. soybeans have been established (Joanne treatments be permitted on up to Miller, PM 23, Rm. 237, CM #2, 703- 300,000 acres of durum wheat which are List of Subjects 305-6224, e-mail: infested with trifluralin resistant Environmental protection, Pesticides [email protected].) foxtails. Applications of Puma 1EC and pests, Emergency exemptions. 264–EUP–91. Extension. Rhone- would be made postemergent to wheat and foxtail emergence via ground or Dated: May 7, 1996. Poulenc AG Company, P.O. Box 12014, Research Triangle Park, NC 27709. This aerial application methods between May Stephen L. Johnson, experimental use permit allows the use 15 and July 15, 1996 when foxtail weeds Director, Registration Division, Office of are susceptible to control by this Pesticide Programs. of 1,632 pounds of the fungicides product. Application rates range from aluminum tris (O-ethyl phosphonate) [FR Doc. 96–12192 Filed 5–14–96; 8:45 am] 0.33 to 0.66 pints of Puma 1EC per acre and 3-(3,5-dichlorophenyl)-N-(1- depending on weed species controlled. BILLING CODE 6560±50±F methylethyl)-2,4-dioxo-1- This notice does not constitute a imidazolidinecarboxamide on 4,080 decision by EPA on the application [OPP±50818; FRL±5365±9] acres of cotton to evaluate the control of itself. The regulations governing section various cotton diseases. The program is 18 require that the Agency publish Issuance of Experimental Use Permits authorized only in the States of notice of receipt in the Federal Register Alabama, Arizona, Arkansas, California, and solicit public comment on an AGENCY: Environmental Protection Florida, Georgia, Louisiana, Mississippi, application for a specific exemption if Agency (EPA). Missouri, New Mexico, North Carolina, an emergency exemption proposes use ACTION: Notice. Oklahoma, South Carolina, Tennessee, of a new chemical (40 CFR 166.24). SUMMARY: EPA has granted experimental Texas, and Virginia. The experimental A record has been established for this use permits to the following applicants. use permit is effective from April 1, notice under docket number [OPP– These permits are in accordance with, 1996 to January 1, 1997. A temporary 181013] (including comments and data and subject to, the provisions of 40 CFR tolerance for residues of the active submitted electronically as described part l72, which defines EPA procedures ingredient in or on cotton has been below). A public version of this record, with respect to the use of pesticides for established. (Terri Stowe, PM 22, Rm. including printed, paper versions of experimental use purposes. 229, CM #2, 703-305-7740, e-mail: electronic comments, which does not [email protected].) include any information claimed as CBI FOR FURTHER INFORMATION CONTACT: By is available for inspection from 8 a.m. to mail: Registration Division (7505C), 264–EUP–101. Issuance. Rhone- 4:30 p.m., Monday through Friday, Office of Pesticide Programs, Poulenc AG Company, P.O. Box 12014, excluding legal holidays. The public Environmental Protection Agency, 401 Research Triangle Park, NC 27709. This record is located in Room 1132 of the M St., SW., Washington, DC 20460. experimental use permit allows the use Public Response and Program Resource In person or by telephone: Contact the of 31.46 pounds of the insecticide 5- Branch, Field Operations Division product manager at the following amino-1-(2,6-dichloro-4- (7506C), Office of Pesticide Programs, address at the office location, telephone (trifluoromethyl)phenyl-4-((1,R,S)- Environmental Protection Agency, number, or e-mail address cited in each (trifluoromethyl)sulfinyl)-1-H-pyrazole- Crystal Mall #2, 1921 Jefferson Davis experimental use permit: 1921 Jefferson carbonitrile on 242 acres of field corn to Highway, Arlington, VA. Davis Highway, Arlington, VA. evaluate the control of corn rootworms. Electronic comments can be sent SUPPLEMENTARY INFORMATION: EPA has The program is authorized only in the directly to EPA at: issued the following experimental use States of Indiana, Illinois, Iowa, [email protected] permits: Minnesota, Nebraska, Ohio, and Electronic comments must be 45639–EUP–56. Extension. AgrEvo Wisconsin. The experimental use permit submitted as an ASCII file avoiding the USA Company, Little Falls Centre One, is effective from April 4, 1996 to March use of special characters and any form 2711 Centerville Rd., Wilmington, DE 28, 1997. A temporary tolerance for of encryption. 19808. This experimental use permit residues of the active ingredient in or on The official record for this notice, as allows the use of 3,939 pounds of the field corn grain has been established. well as the public version, as described herbicide butanoic acid, 2-amino-4- (Rick Keigwin, PM 10, Rm. 210, CM #2, above will be kept in paper form. (hydroxymethylphosphinyl)-, 703-305-6788, e-mail: Accordingly, EPA will transfer all monoammonium salt on 4,993 acres of [email protected].) corn and 400 acres of soybeans to comments received electronically into Persons wishing to review these evaluate the control of annual and printed, paper form as they are received experimental use permits are referred to perennial grass and broadleaf weeds. and will place the paper copies in the the designated product managers. official record which will also include The program is authorized in the States Inquires concerning these permits all comments submitted directly in of Alabama, Arizona, Arkansas, should be directed to the person cited writing. The official record is the paper Colorado, Delaware, Florida, Georgia, above. It is suggested that interested record maintained at the address in Idaho, Illinois, Indiana, Iowa, Kansas, persons call before visiting the EPA ‘‘ADDRESSES’’ at the beginning of this Kentucky, Louisiana, Maryland, office, so that the appropriate file may document. Accordingly, interested Michigan, Minnesota, Mississippi, be made available for inspection persons may submit written views on Missouri, Montana, Nebraska, New purposes from 8 a.m. to 4 p.m., Monday this subject to the Filed Operations York, North Carolina, North Dakota, through Friday, excluding legal Division at the address above. Ohio, Pennsylvania, South Carolina, The Agency, accordingly, will review South Dakota, Tennessee, Texas, holidays. and consider all comments received Virginia, Washington, and Wisconsin. Authority: 7 U.S.C. 136. 24496 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

List of Subjects for residues of the herbicide CGA- is revoked or if any experience with or Environmental protection, 277476 (2-[[[[(4,6-dimethyl-2- scientific data on this pesticide indicate Experimental use permits. pyrimidinyl)-amino]carbonyl]amino]- that such revocation is necessary to sulfonyl]benzoic acid, 3-oxetanyl ester protect the public health. Dated: May 5, 1996. in or on the raw agricultural commodity The Office of Management and Budget Stephen L. Johnson, soybeans at 0.01 part per million (ppm). has exempted this notice from the Director, Registration Division, Office of This temporary tolerance will permit requirement of section 3 of Executive Pesticide Programs. the marketing of the above raw Order 12866. [FR Doc. 96–12190 Filed 5–14–96; 8:45 am] agricultural commodity when treated in Pursuant to the requirements of the accordance with the provisions of the BILLING CODE 6560±50±F Regulatory Flexibility Act (Pub. L. 96– experimental use permit 100-EUP-101, 354, 94 Stat. 1164, 5 U.S.C. 601–612), which is being issued under the Federal the Administrator has determined that [PP 5G4513/T688; FRL 5369±2] Insecticide, Fungicide, and Rodenticide regulations establishing new tolerances Act (FIFRA), as amended (Pub. L. 95– or raising tolerance levels or Ciba Plant Protection; Establishment 396, 92 Stat. 819; 7 U.S.C. 136). establishing exemptions from tolerance of a Temporary Tolerance The scientific data reported and other requirements do not have a significant AGENCY: Environmental Protection relevant material were evaluated, and it economic impact on a substantial Agency (EPA). was determined that establishment of a number of small entities. A certification temporary tolerance will protect the ACTION: Notice. statement to this effect was published in public health. Therefore, the temporary the Federal Register of May 4, 1981 (46 SUMMARY: EPA has established a tolerance has been established on the FR 24950). condition that the pesticide be used in temporary tolerance for residues of the Authority: 21 U.S.C. 346a(j). herbicide CGA-277476 (2-[[[[(4,6- accordance with the experimental use dimethyl-2-pyrimidinyl)- permit and with the following List of Subjects amino]carbonyl]amino]- provisions: Environmental protection, sulfonyl]benzoic acid, 3-oxetanyl ester 1. The total amount of the active Administrative practice and procedure, in or on the raw agricultural commodity ingredient to be used must not exceed Agricultural commodities, Pesticides soybeans at 0.01 part per million (ppm). the quantity authorized by the and pests, Reporting and recordkeeping This temporary tolerance was requested experimental use permit. requirements. by Ciba Plant Protection. 2. Ciba must immediately notify the EPA of any findings from the Dated: May 6, 1996. DATES: This temporary tolerance expires experimental use that have a bearing on December 31, 1997. safety. The company must also keep Stephen L. Johnson, FOR FURTHER INFORMATION CONTACT: By records of production, distribution, and Director, Registration Division, Office of mail: Robert Taylor, Product Manager performance and on request make the Pesticide Programs. (PM) 25, Registration Division (7505C), records available to any authorized [FR Doc. 96–12191 Filed 5–14–96; 8:45] Office of Pesticide Programs, officer or employee of the EPA or the BILLING CODE 6560±50±F Environmental Protection Agency, 401 Food and Drug Administration. M St., SW., Washington, DC 20460. This tolerance expires December 31, Office location and telephone number: 1997. Residues not in excess of this Rm. 245, CM#2, 1921 Jefferson Davis amount remaining in or on the raw FEDERAL COMMUNICATIONS Highway, Arlington, VA (703) 557– agricultural commodity after this COMMISSION 6800; e-mail: expiration date will not be considered Renewal Application Designated for [email protected]. actionable if the pesticide is legally Hearing SUPPLEMENTARY INFORMATION: Ciba Plant applied during the term of, and in Protection, P.O. Box 18300, Greensboro, accordance with, the provisions of the 1. The Assistant Chief, Audio Services NC 27419–8300, has requested in experimental use permit and temporary Division, has before him the following pesticide petition (PP) 5G4513 the tolerance. This tolerance may be application for renewal of broadcast establishment of a temporary tolerance revoked if the experimental use permit license

Licensee City/State File No. MM docket No.

Clarence E. Jones ...... Elloree, South Carolina ...... BR±950802YE ...... 96±107

(seeking renewal of the license for and/or 73.1750 of the Commission’s complete text may also be purchased WMNY(AM)) Rules. from the Commission’s duplicating 2. Pursuant to Section 309(e) of the (c) To determine, in light of the contractor, International Transcription Communications Act of 1934, as evidence adduced pursuant to the Service, 2100 M Street, N.W., Suite 140, amended, the above application has foregoing issues, whether grant of the Washington, D.C. 20037 (telephone been designated for hearing in a subject renewal of license application 202–857–3800). proceeding upon the following issues: would service the public interest, (a) To determine whether Clarence E. convenience and necessity. Federal Communications Commission. Jones has the capability and intent to A copy of the complete HDO in this Stuart B. Bedell, expeditiously resume the broadcast proceeding is available for inspection Assistant Chief, Audio Services Division, operations of WMNY(AM), consistent and copying during normal business Mass Media Bureau. with the Commission’s Rules. hours in the dockets section of the FCC [FR Doc. 96–12218 Filed 5–14–96; 8:45 am] (b) To determine whether Clarence E. Reference Center (Room 239), 1919 M BILLING CODE 6712±01±P Jones has violated Sections 73.1740 Street, N.W., Washington, D.C. The Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24497

Renewal Application Designated for before him the following application for Hearing renewal of broadcast license: 1. The Assistant Chief, Audio Services Division, Mass Media Bureau, has

Licensee City/State File No. MM docket No.

JOTOCON COMMUNICATIONS, INC...... Windber, Pennsylvania ...... BR±910828YA ......

(Seeking renewal of the license for (c) To determine, in light of the Washington, D.C. 20037 (telephone WBEM(AM)) evidence adduced pursuant to the 202–857–3800). 2. Pursuant to Section 309(e) of the foregoing issues, whether grant of the Federal Communications Commission. Communications Act of 1934, as subject renewal of license application Stuart B. Bedell, amended, the above application has would serve the public interest, Assistant Chief, Audio Services Division, been designated for hearing in a convenience and necessity. Mass Media Bureau. proceeding upon the following issues: A copy of the complete HDO in this [FR Doc. 96–12220 Filed 5–14–96; 8:45 am] (a) To determine whether JOTOCON proceeding is available for inspection BILLING CODE 6712±01±P COMMUNICATIONS, INC. has the capability and intent to expeditiously and copying during normal business resume the broadcast operations of hours in the dockets section of the FCC Reference Center (Room 239), 1919 M Renewal Application Designated for WBEM(AM), consistent with the Hearing Commission’s Rules. Street, N.W., Washington, D.C. The (b) To determine whether JOTOCON complete text may also be purchased 1. The Assistant Chief, Audio Services COMMUNICATIONS, INC. has violated from the Commission’s duplicating Division, Mass Media Bureau, has Sections 73.1740 and/or 73.1750 of the contractor, International Transcription before him the following application for Commission’s Rules. Service, 2100 M Street, N.W., Suite 140, renewal of broadcast license:

Licensee City/State File No. MM docket No.

The University of Kansas ...... Lawrence, Kansas ...... BR±900208YC ...... 96±109

(Seeking renewal of the license of (c) To determine, in light of the Washington, D.C. 20037 (telephone KFKU(AM)) evidence adduced pursuant to the 202–857–3800). 2. Pursuant to Section 309(e) of the foregoing issues, whether grant of the Federal Communications Commission. Communications Act of 1934, as subject renewal of license application Stuart B. Bedell, amended, the above application has would serve the public interest, Assistant Chief, Audio Services Division, been designated for hearing in a convenience and necessity. Mass Media Bureau. proceeding upon the following issues: A copy of the complete HDO in this [FR Doc. 96–12219 Filed 5–14–96; 8:45 am] (a) To determine whether The proceeding is available for inspection BILLING CODE 6712±01±P University of Kansas has the capability and copying during normal business and intent to expeditiously resume the hours in the dockets section of the FCC broadcast operations of KFKU(AM), Reference Center (Room 239), 1919 M Renewal Application Designated for consistent with the Commission’s Rules. Street, N.W., Washington, D.C. The Hearing (b) To determine whether The complete text may also be purchased 1. The Assistant Chief, Audio Services University of Kansas has violated from the Commission’s duplicating Division, has before him the following Sections 73.1740 and/or 73.1750 of the contractor, International Transcription application for renewal of broadcast Commission’s Rules. Service, 2100 M Street, N.W., Suite 140, license

Licensee City/State File No. MM docket No.

WKZF-FM, Inc...... Bayboro, North Carolina ...... BRED±950814UC 96±110

(seeking renewal of the license for operations of WKZF(FM), consistent A copy of the complete HDO in this WKZF(FM)) with the Commission’s Rules. proceeding is available for inspection 2. Pursuant to Section 309(e) of the (b) To determine whether WKZF–FM, and copying during normal business Communications Act of 1934, as Inc. has violated §§ 73.1740 and/or hours in the dockets section of the FCC amended, the above application has 73.1750 of the Commission’s Rules. Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C. The been designated for hearing in a (c) To determine, in light of the proceeding upon the following issues: evidence adduced pursuant to the complete text may also be purchased from the Commission’s duplicating (a) To determine whether WKZF–FM, foregoing issues, whether grant of the contractor, International Transcription Inc. has the capability and intent to subject renewal of license application Service, 2100 M Street, N.W., Suite 140, expeditiously resume the broadcast would service the public interest, convenience and necessity. 24498 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Washington, D.C. 20037 (telephone Norwegian Cruise Line Limited (d/b/a Governors. Interested persons may 202–857–3800). Norwegian Cruise Line) 95 Merrick Way, express their views in writing on the Coral Gables, Florida 33134, Vessel: Royal Federal Communications Commission. question whether the proposal complies Odyssey with the standards of section 4 of the Stuart B. Bedell, Dated: May 9, 1996. BHC Act, including whether Assistant Chief, Audio Services Division, Joseph C. Polking, consummation of the proposal can Mass Media Bureau. Secretary. ‘‘reasonably be expected to produce [FR Doc. 96–12221 Filed 5–14–96; 8:45 am] [FR Doc. 96–12152 Filed 5–14–96; 8:45 am] benefits to the public, such as greater BILLING CODE 6712±01±P BILLING CODE 6730±01±M convenience, increased competition, or gains in efficiency, that outweigh possible adverse effects, such as undue FEDERAL MARITIME COMMISSION Security for the Protection of the concentration of resources, decreased or Public Financial Responsibility to Meet unfair competition, conflicts of Agreement; Request for Additional Liability Incurred for Death or Injury to interests, or unsound banking practices’’ Information Passengers or Other Persons on (12 U.S.C. 1843). Any request for a Agreement No.: 203–011279–004. Voyages hearing on this question must be accompanied by a statement of the Title: Caribbean and Central America Notice of Issuance of Certificate reasons a written presentation would Discussion Agreement. (Casualty) Parties: Central America Discussion not suffice in lieu of a hearing, Agreement Panam Discussion Notice is hereby given that the identifying specifically any questions of Agreement Southeastern Caribbean following have been issued a Certificate fact that are in dispute, summarizing the Discussion Agreement Hispaniola of Financial Responsibility to Meet evidence that would be presented at a Discussion Agreement U.S./Jamaica Liability Incurred for Death or Injury to hearing, and indicating how the party Discussion Agreement Puerto Rico/ Passengers or Other Persons on Voyages commenting would be aggrieved by Caribbean Discussion Agreement pursuant to the provisions of Section 2, approval of the proposal. Venezuela American Maritime Public Law 89–777 (46 U.S.C. § 817(d)) Unless otherwise noted, comments Association Caribbean Shipowners and the Federal Maritime Commission’s regarding the applications must be Association Aruba Bonaire Curacao Line implementing regulations at 46 C.F.R. received at the Reserve Bank indicated Association. Part 540, as amended: or the offices of the Board of Governors Synopis: Notice is hereby given that Norwegian Cruise Line Limited (d/b/a not later than May 29, 1996. the Federal Maritime Commission Norwegain Cruise Line) and F & A Corp., A. Federal Reserve Bank of New pursuant to section 6(d) of the Shipping Ltd., 95 Merrick Way, Coral Gables, Florida York (Christopher J. McCurdy, Senior Act of 1984 (46 U.S.C. app. 1701–1720) 33134/ Vessel: Royal Odyseey Vice President) 33 Liberty Street, New has requested additional information Dated: May 9, 1996. York, New York 10045: 1. Community Bank System Inc., from the parties to the Agreement in Joseph C. Polking, Dewitt, New York; to acquire Mayer order to complete the statutory review Secretary. Management, Inc. (d/b/a/ Benefit Plans of Agreement No. 203–011279–004 as [FR Doc. 96–12153 Filed 5–14–96; 8:45 am] Administrators), Utica, New York, and required by the Act. This action extends BILLING CODE 6730±01±M thereby engage in providing the review period as provided in section administrative services for defined 6(c) the Act. benefit contribution plans, defined By Order of the Federal Maritime FEDERAL RESERVE SYSTEM benefit plans, cafeteria plans, and non- Commission Notice of Proposals to Engage in qualified defined benefit plans and post- Dated: May 9, 1996 Permissible Nonbanking Activities or retirement life and health insurance Joseph C. Polking, to Acquire Companies that are plans, including: (i) the preparation of Secretary. Engaged in Permissible Nonbanking periodic reports, including daily [FR Doc. 96–12151 Filed 5–14–96; 8:45 am] Activities valuation reports for defined BILLING CODE 6730±01±M contribution plans; (ii) actuarial The companies listed in this notice valuations for defined benefit plans; (iii) have given notice under section 4 of the reporting of plan assets, account Security for the Protection of the Bank Holding Company Act (12 U.S.C. balances, performance data, and Public Indemnification of Passengers 1843) (BHC Act) and Regulation financial information to plan for Nonperformance of Transportation Y, (12 CFR part 225) to engage de novo, participants and assistance with related or to acquire or control voting securities communications to plan participants Notice of Issuance of Certificate or assets of a company that engages including provision of administrative (Performance) either directly or through a subsidiary or services related to participant directed Notice is hereby given that the other company, in a nonbanking activity investment option savings and following have been issued a Certificate that is listed in § 225.25 of Regulation retirement plans; (iv) assistance with of Financial Responsibility for Y (12 CFR 225.25) or that the Board has preparation and filing of IRS Form 5500, Indemnification of Passengers for determined by Order to be closely PBGC Form 1, and other regulatory Nonperformance of Transportation related to banking and permissible for forms for employee benefit plans; (v) pursuant to the provisions of Section 3, bank holding companies. Unless assistance with preparation and filing of Public Law 89–777 (46 U.S.C. § 817(e)) otherwise noted, these activities will be plan documents with the Internal and the Federal Maritime Commission’s conducted throughout the United States. Revenue Service; (vi) record keeping implementing regulations at 46 C.F.R. Each notice is available for inspection services for employee benefit plans; (vii) Part 540, as amended: at the Federal Reserve Bank indicated. consulting on qualified and non- Celebrity Cruises, Inc. and Seabrook Once the notice has been accepted for qualified defined benefit plans; and Maritime, Inc., 5201 Blue Lagoon Drive, processing, it will also be available for (viii) acting as liaison with outside Miami, Florida 33126, Vessel: Mercury inspection at the offices of the Board of auditors, including the Internal Revenue Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24499

Service and the Department of Labor, in should be identified as ‘‘Consumer to the free flow of personal information? connection with providing plan Privacy—Comment.’’ Can industry satisfy the Directive’s administration services (Norstar FOR FURTHER INFORMATION CONTACT: ‘‘adequacy’’ requirement through the Bancorp, Inc. 71 Fed. Res. Bull. 656 Martha Landesberg, Division of Credit use of interactive privacy regimes? (1985), BankVermont Corporation 72 Practices, Bureau of Consumer June 5, 1996 Fed. Res. Bull. 337 (1986), Norstar Protection, Federal Trade Commission, Bancorp, Inc. 72 Fed. Res. Bull. 729 Washington DC 20850. Telephone: (202) Session 6—The Collection and Use of (1986), Centerre Bancorporation 73 Fed. 326–2825; electronic mail address: Information about Children Res. Bull. 365 (1987)). [email protected]. Issues Board of Governors of the Federal Reserve SUPPLEMENTARY INFORMATION: What information is currently System, May 9, 1996. collected about children online and how Public Workshop on Consumer Privacy Jennifer J. Johnson, is it being used? Is it appropriate to on the Global Information Deputy Secretary of the Board. place limits on the online collection Infrastructure [FR Doc. 96–12135 Filed 5–14–96; 8:45 am] and/or use of information from and BILLING CODE 6210±01±F Agenda about children? What limits could be June 4, 1996 recommended? Who may consent and exercise choice in this context? FEDERAL TRADE COMMISSION Session 1—The Use of Consumer By direction of the Commission. Information Donald S. Clark, Public Workshop on Consumer Issues Secretary. Privacy on the Global Information How is personal information currently Infrastructure [FR Doc. 96–12017 Filed 5–13–96; 8:45 am] used by online businesses? What do BILLING CODE 6750±01±M AGENCY: Federal Trade Commission. consumers know about the use of consumer information in online ACTION: Announcement of public marketing and commercial transactions? workshop. DEPARTMENT OF HEALTH AND What kinds of disclosure and notice HUMAN SERVICES SUMMARY: The Bureau of Consumer might be provided to consumers? What Protection of the Federal Trade choices can or should consumers have Office of the Secretary Commission announces it will host a in exercising control over uses of one and one-half day public workshop personal information? How can the Statement of Organization, Functions on consumer privacy on the Global security and accuracy of personal and Delegation of Authority Information Infrastructure (GII). Online information used online be assured? Are Part A (Office of the Secretary), transactions, such as the purchase of voluntary standards useful in this area? Chapter AE (Office of the Assistant goods, generated electronic data that are Session 2—Electronic Regimes for Secretary for Planning and Evaluation easily duplicated, stored, retrieved, Protecting Consumer Privacy Online (OASPE)), of the Statement of analyzed and re-used. Advances in Organization, Functions and Delegation hardware, software, and Issues of Authority for the Department of communications technologies Can technological standards such as Health and Human Services (most additionally allow previously the Platform for Internet Content recently amended at 58 FR 68649 on impossible or impractical manipulation Selection (PICS) system be used as December 28, 1993) is amended as of information. The Bureau’s purposes models to facilitate automatic disclosure of privacy policies and the availability follows: for conducting this workshop are to I. Chapter AE, paragraph B. ‘‘The gather information on consumers’ and of consumer choice regarding the use of personal information? Office of Program Systems,’’ delete in its industry’s understanding of the privacy entirety and replace with the following: issues posed by the emerging online Session 3—Consumer and Business B. The Office of Program Systems— marketplace, and also to gather Education in Online Privacy Issues The Office of Program Systems is information on online protections for Issues responsible for providing guidance and consumer privacy. What are the various means of direction to the Department’s strategic, DATES: The workshop will be held on educating consumers and industry policy, and support planning, June 4, 1996 from 9:00 am to 5:00 pm about the use of personal information in conducting policy and economic (Room 432) and on June 5, 1996 from online transactions? analyses of crosscutting issues, 9:00 am to 12:30 pm (Room 332), at the developing planning and policy Federal Trade Commission, Sixth Street Session 4—The Use of Medical and information and related support and Pennsylvania Avenue, NW, Financial Information Online systems, and providing technical and Washington, DC 20580. All interested Issues policy support services. parties are welcome to attend. What kinds of heightened protections 1. The Division of Decision Systems is ADDRESSES: Requests to participate in might be afforded medical and financial responsible for managing major the workshop should be mailed, on or information? What role, if any should planning systems for the Department before May 24, 1996, to Martha such information play in online and the OASPE, including strategic, Landesberg, Division of Credit Practices, transactions? legislative, policy and policy support Bureau of Consumer Protection, Federal planning. The Division manages the Trade Commission, Washington, DC Session 5—The Impact of the European development and implementation of the 20580. Written comments should be Commission’s Council Directive on the Department’s strategic plan, provides directed to: Secretary, Federal Trade Protection of Personal Data policy guidance and assistance to the Commission, Room H–159, Sixth Street Issues Operating Divisions and Staff Divisions and Pennsylvania Avenue, NW What does the Directive require of in the development of their components Washington, DC 20580. Comments government and industry with respect for the plan and coordinates the 24500 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices development and maintenance of programmatic offices of the ASPE. The Place: Agency for Health Care Policy and performance measurements and Division coordinates with the Research, 2101 E. Jefferson Street, Suite 400, reporting under the plan. The Division Department’s OPDIVS and STAFFDIVS Rockville, MD 20852. coordinates these activities with other to provide technical assistance. The Open June 5, 1996, 11:30 a.m. to 11:45 a.m. offices with implementation Closed for remainder of meeting. Division also coordinates with other Purpose: This Panel is charged with responsibilities and functions related to Federal Departments and agencies to conducting the initial review of grant the Government Performance and identify opportunities to improve applications proposing conferences on issues Results Act. The Division manages the linkages, develop collaborative efforts, relevant to health services research. establishment of schedules and and/or to establish partnerships to Agenda: The open session of the meeting procedures to ensure the availability of improve the overall effectiveness of on June 5, from 11:30 a.m. to 11:45 a.m., will supporting information. The Division federally funded programs. The Division be devoted to a business meeting covering also develops functional requirements provides analytic support as well as administrative matters. During the closed for departmental policy support systems policy guidance to Departmental session, the committee will be reviewing and discussing grant applications dealing with in the legislative and strategic planning OPDIVS and STAFFDIVS to improve areas; coordinates the planning of health services research issues. In accordance services delivered by community-based with the Federal Advisory Committee Act, evaluation and social research agenda organizations as well as State and local section 10(d) of 5 U.S.C., Appendix 2 and 5 across the Department and coordinates governments for crosscutting program U.S.C., 552b(c)(6), the Administrator, the regulatory review process within the areas. The Division collaborates with AHCPR, has made a formal determination OASPE. Finally, the Division State and local governments, in that this latter session will be closed because coordinates and conducts policy cooperation with the Office of the discussions are likely to reveal personal analysis in subjects and areas not Intergovernmental Affairs, to develop information concerning individuals covered by, or cutting across, the mutually acceptable goals, objectives, associated with the grant applications. This programmatic offices of the OASPE. In information is exempt from mandatory and performance measures for achieving disclosure. collaboration with the Assistant effective outcomes measures. Secretary for Management and Budget, Anyone wishing to obtain a roster of 4. The Division of Modeling, conducts policy reviews related to the members or other relevant information Computer and Technical Systems is Department’s Continuous Improvement should contact Linda Blankenbaker, responsible for providing statistical, Program. Agency for Health Care Policy and scientific programming, modeling, 2. The Division of Data Policy serves Research, Suite 400, 2101 East Jefferson computer systems and other technical as the HHS focal point for data policy Street, Rockville, Maryland 20852, staff services to policy analyses, analysis, planning and development, as Telephone (301) 594–1438. well as for coordination of data and research and evaluation activities of the Agenda items for this meeting are statistical policy within HHS. The OASPE. It coordinates on departmental subject to change as priorities dictate. Division provides an Executive issues concerning income and poverty Dated: May 6, 1996. Secretary, as well as leadership and staff with the Bureau of the Census and support, to the HHS Data Council, the annually revises and publishes the Clifton R. Gaus, principal internal forum and advisory Poverty Income Guidelines. Finally, it Administrator. body to the Secretary on data policy provides technical assistance and advice [FR Doc. 96–12207 Filed 5–14–96; 8:45 am] issues, including data strategy, data to other policy offices within the BILLING CODE 4160±90±M standards, and privacy issues. The Department on certain statistical and Division also provides direction and specialized scientific policy analyses, oversight and serves as the HHS and administers a policy information Food and Drug Administration Executive Director to the National center for identifying and retrieving [Docket No. 95N±0013] Committee on Vital and Health evaluative and policy research studies. Statistics, the statutory pubic advisory Dated: May 8, 1996. Benton County Ag Center, Inc.; body to the Secretary on health data and John J. Callahan, Withdrawal of a Notice of Opportunity statistics, and serves as the focal point for Hearing Proposing To Withdraw within HHS for all matters relating to Assistant Secretary for Management and Approval of Medicated Feed Budget. the Committee. The Division also Applications provides staff support to the ASPE and [FR Doc. 96–12068 Filed 5–14–96; 8:45 am] OS leadership on a variety of BILLING CODE 4110±12±M AGENCY: Food and Drug Administration, Departmentwide data policy issues and HHS. initiatives, including statistical policy, ACTION: Notice. privacy, data standards, and data Agency for Health Care Policy and planning issues, as well as data issues Research SUMMARY: The Center for Veterinary in support of performance measurement Medicine (CVM), Food and Drug and performance partnership grants, Notice of Health Care Policy and Administration (FDA), is withdrawing a and directs a portfolio of developmental Research; Special Emphasis Panel notice of opportunity for hearing projects in those areas. The Division Meeting (NOOH) on a proposal to withdraw also maintains liaison with other approval of 11 medicated feed agencies and organizations on a variety In accordance with section 10(a) of applications (MFA’s) held by Benton of data and statistical policy issues. the Federal Advisory Committee Act (5 County Ag Center, Inc. CVM has 3. The Division of State and Local U.S.C., Appendix 2) announcement is determined that the firm is in Initiatives assists State, local and Tribal made of the following special emphasis compliance with current good governments, as well as community- panel scheduled to meet during the manufacturing practice (CGMP) based programs, in developing, month of June 1996: regulations for medicated animal feeds implementing and evaluating innovative Name: Health Care Policy and Research and has instituted a system to maintain approaches to improving programs and Special Emphasis Panel. its compliance status. systems which cut across the Date and Time: June 5, 1996, 11:30 a.m. EFFECTIVE DATE: May 15, 1996. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24501

FOR FURTHER INFORMATION CONTACT: SUMMARY: The Food and Drug collection of information. Interested Karen A. Kandra, Center for Veterinary Administration (FDA) is announcing the persons are invited to send comments Medicine (HFV–246), Food and Drug withdrawal, without prejudice to a regarding this burden estimate or any Administration, 7500 Standish Pl., future filing, of a food additive petition other aspect of this collection of Rockville, MD 20855, 301–594–1765. (FAP 1B4282) proposing that the food information, including any of the SUPPLEMENTARY INFORMATION: In a notice additive regulations be amended to following subjects: (1) The necessity and published in the Federal Register of provide for the safe use of imidazolium utility of the proposed information April 26, 1995 (60 FR 20497), CVM compounds, 2-(C17 and C17 unsaturated collection for the proper performance of provided an opportunity for hearing on alkyl)-1-[2-(C18 and C18 unsaturated the agency’s functions; (2) the accuracy a proposal to withdraw approval of 11 amido)ethyl]-4,5-dihydro-1-methyl, of the estimated burden; (3) ways to MFA’s held by Benton County Ag methyl sulfates as a debonding agent in enhance the quality, utility, and clarity Center, Inc., for the manufacture of paper products intended to contact of the information to be collected; and animal feeds bearing or containing new food. (4) the use of automated collection animal drugs. CVM took this action FOR FURTHER INFORMATION CONTACT: Vir techniques or other forms of information based on the firm’s apparent failure to D. Anand, Center for Food Safety and technology to minimize the information comply with agency CGMP Applied Nutrition (HFS–216), Food and collection burden. requirements for medicated animal Drug Administration, 200 C St. SW., 1. Type of Request: Extension of a feeds as evidenced by inspections Washington, DC 20204, 202–418–3081. currently approved collection; Title of conducted on December 22, 1992, and SUPPLEMENTARY INFORMATION: In a notice Information Collection: Medicaid— May 3, 4, 10, and 11, 1994. published in the Federal Register of Determining Liability of Third Parties; In a letter that FDA received on May November 29, 1991 (56 FR 61022), FDA Form No.: HCFA–R–0107; Use: The 23, 1995, in response to the notice, announced that a food additive petition information collected from Medicaid Benton County Ag Center, Inc., stated it (1B4282) had been filed on behalf of applicants and recipients as well as had made the necessary corrections to Sherex Chemical Co., Inc., P.O. Box from State and local agencies is bring its operations into compliance 6464, Dublin, OH 43017 (currently necessary to determine the legal liability with CGMP requirements since the last Witco Corp., Frantz Rd., P.O. Box 646, of third parties to pay for medical inspection. The letter requested that Dublin, OH 43017). The petition services in lieu of Medicaid payment; FDA reinspect the feed mill to verify its proposed to amend the food additive Frequency: On occasion; Affected compliance status, and to withdraw the regulations to provide for the safe use of Public: Federal Government and State, NOOH. imidazolium compounds, 2-(C17 and local, or tribal government; Number of On July 17 through 19, 1995, the Iowa C17unsaturated alkyl)-1-[2-(C18 and C18 Respondents: Varies; Total Annual Department of Agriculture, under unsaturated amido)ethyl]-4,5-dihydro-1- Responses: Varies; Total Annual Hours: contract with FDA pursuant to section methyl, methyl sulfates as a wet 171,165. 702(a) of the Federal Food, Drug, and strength agent in paper products To request copies of the proposed Cosmetic Act (the act) (21 U.S.C. intended to contact food. Subsequently, paperwork collection referenced above, 372(a)), reinspected the feed mill and upon a request from the petitioner, FDA E-mail your request, including your found that the firm had corrected the published an amended notice in the address, to [email protected], or call previously noted CGMP deficiencies Federal Register of April 15, 1992 (57 the Reports Clearance Office on (410) that had formed the basis for the NOOH. FR 13104), stating that the additive is 786–1326. Written comments and Additionally, FDA believes that the firm intended for use as a debonding agent recommendations for the proposed has taken measures to ensure that it will rather than as a wet strength agent as information collections should be sent remain in compliance with CGMP’s. indicated in the previous filing notice. within 60 days of this notice directly to Accordingly, CVM is withdrawing the Witco Corp. has now withdrawn the the HCFA Paperwork Clearance Officer April 26, 1995, NOOH on the proposal petition without prejudice to a future designated at the following address: to withdraw approval of the firm’s filing (21 CFR 171.7). HCFA, Office of Financial and Human Resources, Management Planning and MFA’s. Dated: April 30, 1996. This notice is issued under the Analysis Staff, Attention: Linda Alan M. Rulis, Federal Food, Drug, and Cosmetic Act Mansfield, Room C2–26–17, 7500 Director, Office of Premarket Approval, Security Boulevard, Baltimore, (sec. 512 (21 U.S.C. 360b)) and under Center for Food Safety and Applied Nutrition. authority delegated to the Director, Maryland 21244–1850. [FR Doc. 96–12206 Filed 5–14–96; 8:45 am] Center for Veterinary Medicine (21 CFR Date: May 8, 1996. 5.84). BILLING CODE 4160±01±F Kathleen B. Larson, Dated: April 2, 1996. Director, Management Planning and Analysis Staff, Office of Financial and Human Michael J. Blackwell, Health Care Financing Administration Resources, Health Care Financing Deputy Director, Center for Veterinary [HCFA R±0107] Administration. Medicine. [FR Doc. 96–12106 Filed 5–14–96; 8:45 am] [FR Doc. 96–12155 Filed 5–14–96; 8:45 am] Submitted for Collection of Public BILLING CODE 4120±03±P BILLING CODE 4160±01±F Comment: Submission for OMB Review Agency Information Collection [Docket No. 91F±0424] In compliance with the requirement Activities: Submission for OMB of section 3506(c)(2)(A) of the Review; Comment Request Witco Corp.; Withdrawal of Food Paperwork Reduction Act of 1995, the Additive Petition Health Care Financing Administration AGENCY: Health Care Financing AGENCY: Food and Drug Administration, (HCFA), Department of Health and Administration. HHS. Human Services, has submitted to the In compliance with the Paperwork Office of Management and Budget Reduction Act of 1995 (44 U.S.C. 3501 ACTION: Notice. (OMB) the following proposals for the et seq.), the Health Care Financing 24502 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Administration (HCFA), Department of approved collection; Title of Office of Inspector General Health and Human Services, has Information Collection: Evaluation of submitted to the Office of Management the Program of All-Inclusive Care for the Program Exclusions: April 1996 and Budget (OMB) the following Elderly (PACE) Demonstration; Form proposals for the collection of No.: HCFA–R–165; Use: This survey AGENCY: Office of Inspector General, information. Interested persons are will collect data on functional status, HHS. invited to send comments regarding the service utility, and out-of-pocket costs, ACTION: Notice of program exclusions. burden estimate or any other aspect of and satisfaction for a sample of this collection of information, including applicants to the PACE program. This any of the following subjects: (1) The information will be analyze the decision During the month of April 1996, the necessity and utility of the proposed to participate in PACE and the impact HHS Office of Inspector General information collection for the proper of the program; Frequency: Semi- imposed exclusions in the cases set performance of the agency’s functions; annually; Affected Public: Individuals forth below. When an exclusion is (2) the accuracy of the estimated and households; Number of imposed, no program payment is made burden; (3) ways to enhance the quality, Respondents: 1,833; Total Annual to anyone for any items or services utility, and clarity of the information to Hours: 3,745. (other than an emergency item or be collected; and (4) the use of To obtain copies of the supporting service not provided in a hospital automated collection techniques or statement for the proposed paperwork emergency room) furnished, ordered or other forms of information technology to collections referenced above, access prescribed by an excluded party under minimize the information collection HCFA’s WEB SITE ADDRESS at http:// the Medicare, Medicaid, Maternal and burden. www.ssa.gov/hcfa/hcfahp2.html , or to Child Health Services Block Grant and 1. Type of Information Collection obtain the supporting statement and any Block Grants to States for Social Request: Reinstatement, without change, related forms, E-mail your request, Services programs. In addition, no of a previously approved collection for including your address and phone program payment is made to any which approval has expired; Title of number, to [email protected], or call business or facility, e.g., a hospital, that Information Collection: Medicare and the Reports Clearance Office on (410) Medicaid Disclosure of Ownership and submits bills for payment for items or 786–1326. Written comments and services provided by an excluded party. Control Interest Statement; Form No.: recommendations for the proposed HCFA–1513; Use: The information Program beneficiaries remain free to information collections should be sent decide for themselves whether they will provided on this form is used by State within 30 days of this notice directly to agencies and HCFA regional offices to continue to use the services of an the OMB Desk Officer designated at the excluded party even though no program determine whether providers meet the following address: OMB Human payments will be made for items and eligibility requirements for Titles 18 and Resources and Housing Branch, services provided by that excluded 19 (Medicare and Medicaid) and for Attention: Allison Eydt, New Executive party. The exclusions have national grants under Titles 5 and 20. Review of Office Building, Room 10235, ownership and control is particularly Washington, D.C. 20503. effect and also apply to all Executive necessary to prohibit ownership and Branch procurement and non- control for individuals excluded under Dated: May 7, 1996. procurement programs and activities. Federal Fraud statutes; Frequency: On Kathleen B. Larson, Occasion; Affected Public: Business or Director, Management Planning and Analysis other for profit, not-for-profit; Number Staff, Office of Financial and Human of Respondents: 60,000; Total Annual Resources, Health Care Financing Hours: 30,000. Administration. 2. Type of Information Collection [FR Doc. 96–12104 Filed 5–14–96; 8:45 am] Request: Extension of a currently BILLING CODE 4120±03±P

Subject, city, state Effective date

Program-Related Convictions

Broxmeyer, Lawrence, Bay Terrace, NY ...... 04/25/96 Center for Mental Health SVCS, Leavenworth, KS ...... 05/06/96 Christa Corporation, Uniontown, PA ...... 05/02/96 Draper, Milo, Yerington, NV ...... 05/02/96 Dupuis, Joseph, Lower Jug Bend Road, LA ...... 04/23/96 Echols, Alton D, Germantown, TN ...... 04/24/96 Gailey, Dennis Keith, Fallon, NV ...... 05/02/96 Gilliam, Mary Ann, Ada, OK ...... 04/23/96 Heard, Terrie, Homer, LA ...... 04/23/96 Jewell, Eldin Carnell, Little Rock, AR ...... 04/23/96 Kammerer, Chad M, Pittsburgh, PA ...... 05/02/96 Lagundino, Flordelino C, State Farm, VA ...... 05/02/96 Lucey, Cornelius J, Albany, NY ...... 04/25/96 Martin, Agnes Antonette, Dayton, TX ...... 04/23/96 McGhee, Harold L, Memphis, TN ...... 04/24/96 Morris, Beatrice Conita, Dallas, TX ...... 04/23/96 Paar, Steven V, Onalaska, WI ...... 05/06/96 Pismenny, Alexander, Brooklyn, NY ...... 04/25/96 Silver, Browley, Newport News, VA ...... 05/02/96 Tucker, George Robert Jr, Fernley, NV ...... 05/02/96 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24503

Subject, city, state Effective date

Willis, Vincent J, Newport News, VA ...... 05/02/96

Patient Abuse/Neglect Convictions

Alterman, Marinika, Denver, CO ...... 04/25/96 Bell, Catherine L, Picayune, MS ...... 04/23/96 Boyd, John, Memphis, TN ...... 04/23/96 Carr, David S, Orleans, MA ...... 04/29/96 Coppedge, Shirley Pirleen, Robert Lee, TX ...... 04/23/96 Crowder, Anthony E, Bogue Chitto, MS ...... 04/23/96 Folse, Suzanne Marie, Baton Rouge, LA ...... 04/23/96 Francis, Lesa Diann, Oak Grove, LA ...... 04/23/96 Gordon, Robin Ann, Beeville, TX ...... 04/23/96 Hutchinson, Theresa Ann, Buffalo, NY ...... 04/25/96 Jenkins, Katherine E, Prichard, AL ...... 04/24/96 Martinez, Cheryl Lynn, Denver, CO ...... 04/25/96 McCoy, Kim Charlotte, Greenbriar, AR ...... 04/23/96 McCullough, Verna Dean, Slidell, LA ...... 04/23/96 Newton, George Allan, Cleveland, TN ...... 04/24/96 Qualls, Pearline, Jonesboro, LA ...... 04/23/96 Schultz, Paul, Bay City, MI ...... 05/06/96 Smith, Inez, Waco, TX ...... 04/23/96 Williams, Michelle L, Conway, AR ...... 04/23/96

Conviction for Health Care Fraud

Daniels, Sheila Jefferson, Houston, TX ...... 04/23/96 Wallace, Denise, Westwego, LA ...... 04/23/96

Controlled Substance Convictions

Habenicht, James C, Oakdale, CA ...... 05/06/96

License Revocation/Suspension

Abdelmessih, Azmi L, Vestal, NY ...... 04/25/96 Agbebiyi, Jonathan Adeshina, Corpus Christi, TX ...... 04/23/96 Aguirre-Moran, Rafael, Winnie, TX ...... 04/23/96 Atocha, Jose, Orange, CT ...... 04/29/96 Bergeaux, Gary Herbert, New Orleans, LA ...... 04/23/96 Black, Lydia Lou, Judsonia, AR ...... 04/23/96 Black, Shirley Ellena, Longview, TX ...... 04/23/96 Bushart, James Frederick, Ridgeland, MS ...... 04/23/96 Cinsavich, Scott A, Salem, MA ...... 04/29/96 Clay, Sandra, Stamford, CT ...... 04/29/96 Cook, Burr L, Costa Mesa, CA ...... 05/06/96 Fanous, Michael M, Dove Canyon, CA ...... 05/06/96 Farber, Harold I, Reading, PA ...... 05/02/96 Garza, David, Houston, TX ...... 04/23/96 Girtanner, Robert Edward, Houston, TX ...... 04/23/96 Golden, David Lee, New Orleans, LA ...... 04/23/96 Gonzales, Alfred J, El Paso, TX ...... 04/23/96 Greiner, Jay R, Harrisburg, PA ...... 05/02/96 Guthrie, Tammy Lynn, Searcy, AR ...... 04/23/96 Hamilton, Audra Ann, Lake Jackson, TX ...... 04/23/96 Hoffman, Jane E, St Cloud, MN ...... 05/06/96 Hoopes, Carolyn Jean, Marshall, TX ...... 04/23/96 Ibarra, Theresa C, Pearsall, TX ...... 04/23/96 Jenny, Samuel, Mount Vernon, IL ...... 05/06/96 Key, Donna A, Dayton, TX ...... 04/23/96 Konialian, Arthur R, Newtown Square, PA ...... 05/02/96 Landry, Linda, Croton, CT ...... 04/29/96 Layman, Greg O, La Verne, CA ...... 05/06/96 Leblanc, John N, Cut Off, LA ...... 04/23/96 Lehmiller, John Erich, Lafayette, LA ...... 04/23/96 Lontine, Richard M, Denver, CO ...... 04/25/96 Love, Jacqueline L, Corpus Christi, TX ...... 04/23/96 Marchand, Jacqueline Bo, San Antonio, TX ...... 04/23/96 Martin, Nina Marie, Payneway Station, AR ...... 04/23/96 McCord, Sherry Lynn, Moore, OK ...... 04/23/96 McGuire, Kathleen P, Bellvue, CO ...... 04/25/96 Minutella, Jack, Philadelphia, PA ...... 05/02/96 24504 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Subject, city, state Effective date

Morris, Annette E, Houston, TX ...... 04/23/96 Murray, Carol Ann, Dallas, TX ...... 04/23/96 Nadal-Ginard, Bernardo, Boston, MA ...... 04/29/96 Oparah, Victor O, Apapa-Lagos, Nigeria ...... 04/23/96 Parsons, Lydia K, Odem, TX ...... 04/23/96 Robertson, Charles A, Newport Beach, CA ...... 05/06/96 Robinson, Mary, Windham, CA ...... 04/29/96 Rose, David M, Brookline, MA ...... 04/29/96 Ryan, Tamisha Kay, Temple, TX ...... 04/23/96 Sands, Harold R, West Chester, PA ...... 05/02/96 Schoolnik, Philip, West Hartford, CT ...... 04/29/96 Schuyler, Lorraine, Greeley, CO ...... 04/25/96 Shird, Shirley Kay, Woodville, TX ...... 04/23/96 Sohl, Frederick, South Pasadena, CA ...... 05/06/96 Srivastava, Krishna K, Alta Loma, CA ...... 05/06/96 Super S Pharmacy, San Antonio, TX ...... 04/23/96 Turner, Ruediger, Cogan Station, PA ...... 05/02/96 Vinup, Joan Louise, New Park, PA ...... 05/02/96 Winchester, John D, Clinton, CT ...... 04/29/96 Woollams, Stanley J, Ann Arbor, MI ...... 05/06/96 Wyble, Timothy J, Canyon, TX ...... 04/23/96 Yates, Michele, Turtle Creek, PA ...... 05/02/96

Federal/State Exclusion/Suspension

Connell, David C Jr, Shreveport, LA ...... 04/23/96 Gesch, Lyle A, Tacoma, WA ...... 05/06/96 Hauman, Robert L, Toledo, OH ...... 05/06/96 Lewis, Royston C, Cleveland, OH ...... 05/06/96 Miller, Geraldine, Hazel Crest, IL ...... 05/06/96 Sklass Drug Company, Chicago, IL ...... 05/06/96 TDM Transportation, Hazel Crest, IL ...... 05/06/96

Owned/Controlled by Convicted/Excluded

Chiropractic Associates, Inc., Ludington, MI ...... 05/06/96

Default on Heal Loan

Barnhart, Jerome M, McClellandtown, PA ...... 05/02/96 Budsock, Leonard A, Acworth, GA ...... 04/24/96 Burton, Ann Y, Chicago, IL ...... 05/06/96 Cafaro, Virginia I, San Francisco, CA ...... 05/06/96 Costaras, Bill C, Parma, OH ...... 05/06/96 Crislip, David F, Johnson City, TN ...... 04/24/96 Diaz, Fred, Bronx, NY ...... 04/25/96 Emmerson, Ronald Eugene, Merced, CA ...... 05/06/96 Gomez, Mario Humbarto, Richmond, VA ...... 05/02/96 Green, Judith G, Louisville, KY ...... 04/24/96 Martin, David Z, Floydada, TX ...... 04/23/96 Munoz, Luis R, Chicago, IL ...... 05/06/96 Nelson, Robert A, Suisun City, CA ...... 05/06/96 Oetzel, Stephen L, Wilmington, OH ...... 05/06/96 Owens, Gregory A, Claremore, OK ...... 04/23/96 Pikoris, Bernadette, Brooklyn, NY ...... 04/25/96 Ramirez, Jesus R, El Paso, TX ...... 04/23/96 Roberts-Dukes, Barbara T, Marlton, NJ ...... 04/25/96 Schaeffer, Wally S, Coralville, IA ...... 05/06/96 Scott, Dwight E, Cleveland Hgts, OH ...... 05/06/96 Shear, David Steven, Staten Island, NY ...... 04/25/96 Smith, Cecil P, Garland, TX ...... 04/23/96 Sullivan, Joseph C, Burbank, CA ...... 05/06/96 Swanson, Timothy D, Chicago, IL ...... 05/06/96 Tracy, James M, Campbell, CA ...... 05/06/96 Wasilko, Thomas J, White Oak, PA ...... 05/02/96 Wies, David L, Westlake Village, CA ...... 05/06/96 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24505

Dated: May 7, 1996. August 20–22, Bismarck, ND, Holiday Inn, grazing, a statewide update of standards William M. Libercci, 605 East Broadway, Bismarck, ND 58501, and guidelines, public comment period 701–255–6000. Director, Health Care Administrative and determination of the subject matter Sanctions, Office of Civil Fraud and All sessions will begin at 8:30 am and for future meetings. Administrative Adjudication. adjourn at 5:00 pm. Public attendance All meetings are open to the public. [FR Doc. 96–12105 Filed 5–14–96; 8:45 am] may be limited to the space available. The public may present written BILLING CODE 4150±04±P±M FOR FURTHER INFORMATION CONTACT: comments to the council. Each formal Patricia Gerard, Program Analyst, Office council meeting will have a time of Trust Funds Management, allocated for hearing public comments. Department of the Interior 505 The public comment period for the DEPARTMENT OF THE INTERIOR Marquette NW., Suite 700, council meeting is listed below. Albuquerque, New Mexico 87102, Depending on the number of persons Bureau of Indian Affairs telephone number 505–248–5751 and wishing to comment, and time available, fax number 505–248–5782. the time for individual oral comments Office of Trust Funds Management may be limited. Individuals who plan to National Tribal Consultation SUPPLEMENTARY INFORMATION: The purpose of the consultation meeting is attend and need further information AGENCY: Office of Trust Funds to provide Indian tribes and individuals about the meetings or need special Management, Interior. an opportunity for participation in the assistance such as sign language improvement of IIM customer service. interpretation or other reasonable ACTION: Notice of Tribal Consultation The anticipated result of the accommodations, should contact Joan Meeting—Financial Trust Services consultation is to ensure that the Sweetland at the Carson City District Improvement. Department adheres to the mandates of Office 1535 Hot Springs Road, Carson City, NV 899706, telephone (702) 885– SUMMARY: Notice is hereby given that Pub. Law 103–412, the American Indian 6000. the Office of the Special Trustee (OST), Trust Fund Management Reform Act. Office of Trust Funds Management Specifically, the Department must DATES, TIMES: The council will meet on (OTFM), will conduct four (4) ensure that: (1) IIM funds are deposited June 12th and 13th at the Bureau of consultation meetings with any Indian on a timely basis; (2) IIM interest is paid Land Management, Nevada State Office, tribe, band, nation, Individual Account on a timely basis; (3) proper accounting 850 Harvard Way, Reno, NV 89520– holders or other organized group or for IIM daily and annual balances exists; 0006 on June 12 from 8:00 a.m.–5:00 community, including any Alaska and (4) periodic statements to IIM p.m. Public comment period will be at Native village or regional or village account holders will be provided. 1:30 p.m. On June 13 council will meet corporation as defined in or established All oral and written comments from 8:00 a.m. to 3:00 p.m. pursuant to the Alaska Native Claims presented by tribes and individual SUPPLEMENTARY INFORMATION: The Settlement Act (85 Stat.688), which is account holders at the tribal purpose of the council is to advise the recognized as eligible for the trust consultation meetings will be recorded, Secretary of the Interior, through the programs and services provided by the transcribed and taken into consideration BLM, on a variety of planning and United States to Indians because of their by the agency. management issues associated with the status as Indians. Summaries of the meetings will be management of the public lands. available for public inspection and The purpose is to obtain oral and FOR FURTHER INFORMATION CONTACT: copying ten days following the meeting. written comments regarding a number Joan Sweetland, Public Affairs of options to improve Individual Indian Dated: May 8, 1996. Specialist, Carson City District, Money (IIM) accounting and customer Ada E. Deer, telephone (702) 885–6000. service with approximately 300,000 Assistant Secretary—Indian Affairs. Dated: May 3, 1996. nationwide account holders. The [FR Doc. 96–12142 Filed 5–14–96; 8:45 am] John O. Singlaub, options were developed by a Tribal/ BILLING CODE 4310±02±P District Manager. Federal Work Group which was [FR Doc. 96–12101 Filed 5–14–96; 8:45 am] established to assist OTFM in developing a number of Bureau of Land Management BILLING CODE 4310±HC±M recommendations to resolve technical [NV±030±96±1020±00±24±1 A] and customer service problems. A Fish and Wildlife Service number of General Accounting Office Sierra Front/Northwest Great Basin (GAO), Office of Management and Resource Advisory CouncilÐNotice of Notice of Receipt of Applications for Budget (OMB), and Department of Meeting Locations and Times Permit Interior (DOI) audits of the IIM function have concluded that internal controls AGENCY: Bureau of Land Management, The following applicants have are inadequate for controlling receipts Interior. applied for a permit to conduct certain and disbursements for this function. ACTION: Resource Advisory Council activities with endangered species. This notice is provided pursuant to Section DATES (1996): Four (4) consultation meeting locations and times. 10(c) of the Endangered Species Act of sessions will be conducted: SUMMARY: In accordance with the 1973, as amended (16 U.S.C. 1531, et June 25–27, Tulsa, OK, Adam’s Mark Hotel, Federal Land Policy and Management seq.): 100 East 2nd Street, Tulsa, OK 74103, 918– Act and the Federal Advisory PRT–814542. 582–9000. Committee Act of 1972 (FACA), the July 9–11, Phoenix, AZ, The Pointe at Squaw Applicant: Gary Parker, Columbus, NE. Peak, 7677 North 16th Street, Phoenix, AZ Department of the Interior, Bureau of 85020, 602–997–2626. Land Management (BLM) Council The applicant requests a permit to July 30–August 1, Portland, OR, Red Lion meetings will be held as indicated import the sport-hunted trophy of one Columbia River, 1401 N. Hayden Island below. The agenda includes discussion male bontebok (Damaliscus pygarcus Dr., Portland, OR 97217, 503–283–2111. of laws and regulations that pertain to dorcas) culled from a captive herd 24506 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices maintained under the management PRT–777744. skulls from Cheetah Conservation Fund, program of the Republic of South Africa, Applicant: The Hawthorn Corporation, Namibia for the purpose of for the purpose of enhancement of the Grayslake, IL. enhancement of the survival of the survival of the species. The applicant requests a permit to species through scientific research. PRT–812428. export and import captive-born tigers PRT–814765. Applicant: Dwanton Seals, Pointe Vedra (Panthera tigris) and progeny of the Applicant: Jayne Gerson, Duke University, Beach, FL. animals is currently held by the Durham, NC. applicant and any animals acquired in The applicant requests a permit to The applicant requests a permit to the United States by the applicant to/ import a sport-hunted trophy of a male import blood samples from brown lemur from world wide locations to enhance bontebok (Damalisus pygarus dorcas) (Lemur fulvus rufus) from Madagascar the survival of the species through culled from a captive herd maintained for the purpose of the enhancement of under the management program of the conservation education. This notification covers activities conducted the survival of the species through Republic of South Africa, for the scientific research. purpose of enhancement of the survival by the applicant over a three year period. Written data or comments should be of the species. submitted to the Director, U.S. Fish and PRT–814415. PRT–813403. Wildlife Service, Office of Management Applicant: International Wildlife Veterinary Applicant: Bruce Rendall, Kipling, NC. Authority, 4401 North Fairfax Drive, Services, Fair Oaks, CA. Room 430, Arlington, Virginia 22203 The applicant requests a permit to The applicant requests a permit to and must be received by the Director purchase in interstate commerce snow import sera and plasma samples and red within 30 days of the date of this leopards (Panthera unica), clouded and white cells from Black Rhino publication. leopards (Neofelis nebulosa) Ruffed (Diceros bicornis) from Zimbabwe Parks The public is invited to comment on lemur (Varecia v. ruber) from Nashville and Wildlife Management for the the following application(s) for permits Zoo for the purpose of enhancement of purpose of enhancement of the survival to conduct certain activities with marine the survival of the species through of the species through scientific mammals. The application(s) was/were propagation. research. submitted to satisfy requirements of the PRT–813960. PRT–814588. Marine Mammal Protection Act of 1972, Applicant: Duke University Primate Center, Applicant: Brian McMillan, Canyon Country, as amended (16 U.S.C. 1361 et seq.) and Durham, NC. CA. the regulations governing marine The applicant requests a permit to The applicant requests a permit to mammals (50 CFR 18). export tissues from Aye-aye export and import captive-born tigers PRT–814695. (Daubentonia madagascarensis), (Panthera tigris) and leopards (Panthera Applicant: G.F. Cota, Old Dominion Diademed sifaka (Propithecus verreauxi pardus) and progeny of the animals University, Norfolk, VA. coquereli), lemur (Eulemur coronatus), currently held by the applicant and any Type of Permit: Import for scientific research. Flat-tailed dwarf lemur (Cheirogaleus animals acquired in the United States by Name and Number of Animals: Polar Bear medius), Ring-tailed lemur (Lemur the applicant to/from world wide (Ursus maritimus) and walrus (Odobenus catta), Grey gentle lemur (Hapalemur rosmarus), 1 each. locations to enhance the survival of the Summary of Activity to be Authorized: The griseus) for the purpose of the survival species through conservation education. of the species through scientific applicant has requested a permit to import This notification covers activities tissue samples from one polar bear and one research. conducted by the applicant over a three walrus for the purposes of scientific PRT–814414. year period. research related to environmental Applicant: San Diego Wild Animal Park, PRT–814593. contamination. Escondido, CA. Source of Marine Mammals for Research/ Applicant: Duke University Primate Center, Public Display: Canada; samples to be The applicant requests a permit to Durham, NC. obtained from legally harvested animals. import 200 vials of blood, serum and The applicant requests a permit to Period of Activity: Up to five years from tissue samples from Sclater’s Monal export one male and one female Gentle issuance of a permit, if issued. pheasant (Lophophorus sclateri) for the gray lemur (Hapalemur griseus griseus) purpose of enhancement of the survival Concurrent with the publication of and one male and female of the Red- this notice in the Federal Register, the of the species through scientific bellied lemur (Eulemur rubriventer) to research. Office of Management Authority is the Banham Zoo, United Kingdom for forwarding copies of this application to PRT–814585. the purpose of enhancement of the the Marine Mammal Commission and Applicant: Wildlife Conservation Society, survival of the species through the Committee of Scientific Advisors for Bronx, NY. propagation. their review. The applicant requests a permit to PRT–814589. Written data or comments, requests import biological samples of tiger Applicant: Miami Metrozoo, Miami, FL. for copies of the complete application, (Panthera tigris), Swamp deer (Cervus The applicant requests a permit to or requests for a public hearing on this eldi), Leopard cat (Felis bengalensis import the carcass of a female Harpy application should be sent to the U.S. bengalensis), Clouded leopard (Neofelis eagle (Harpia harpyja) from Summit Fish and Wildlife Service, Office of nebulosa), Asian golden cat (Felis Gardens, Panama for the purpose of Management Authority, 4401 N. Fairfax temmincki), Marble cat (Pardofelis enhancement to the survival of the Drive, Room 430, Arlington, Virginia marmorata), Malabar large sport civet species through conservation education. 22203, telephone 703/358–2104 or fax (Viverra civettina) from Dusit Zoo and 703/358–2281 and must be received PRT–814586. Khao Kheow Zoo, Thailand for the within 30 days of the date of publication purpose of enhancement of the survival Applicant: Christine Fiorello, Worcester, MA. of this notice. Anyone requesting a of the species through scientific The applicant requests a permit to hearing should give specific reasons research. import cheetah (Acinonyx jubatus) why a hearing would be appropriate. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24507

The holding of such hearing is at the Beaufort Sea. The proposed Beaufort proposed 1997 Outer Continental Shelf discretion of the Director. Sea Sale 144 will offer for lease (OCS) oil and gas lease sales in the Documents and other information approximately 9.8 million acres. Single Central and Western Gulf of Mexico. submitted with these applications are copies of the final EIS can be obtained The proposed Central Gulf Sale 166 will available for review, subject to the from the Regional Director, Minerals offer for lease approximately 30.3 requirements of the Privacy Act and Management Service, Alaska Region, million unleased acres, and the Freedom of Information Act, by any 949 East 36th Avenue, Anchorage, proposed Western Gulf Sale 168 will party who submits a written request for Alaska 99503–4302, Attention: Public offer approximately 28.2 million a copy of such documents within 30 Information. Copies can be requested by unleased acres. The EIS analyzes a range days of the date of publication of this telephone, (907) 271–6070. of potential resources and projected notice at the above address. Copies of the final EIS will also be activities for each proposed lease sale. Dated: May 10, 1996. available for inspection in the following In an effort to make this EIS more Mary Ellen P. Amtower, public libraries: focused and readable, the scenario has Acting Chief, Branch of Permits, Office of Alaska Resource Library, U.S. been simplified, redundancies have Management Authority. Department of the Interior, been eliminated, and the format has [FR Doc. 96–12196 Filed 5–14–96; 8:45 am] Anchorage, AK been streamlined. This allows Alaska State Library, Juneau, AK decisionmakers and readers to focus on BILLING CODE 4310±55±P Army Corps of Engineers Library, U.S. the information specific to each Department of Defense, Anchorage, proposed action. Issuance of Permit for Marine AK Single copies of the draft EIS can be Mammals Elmer E. Rasmuson Library, 310 Tanana obtained from the Minerals Management Drive, Fairbanks, AK Service, Gulf of Mexico OCS Region, On March 6, 1996, a notice was Fairbanks North Star Borough Public Attention: Public Information Unit (MS– published in the Federal Register, vol. Library (Noel Wien Library), 1215 5034), 1201 Elmwood Park Boulevard, 61, no. 45, page 8969, that an Cowles Street, Fairbanks, AK Room 114, New Orleans, Louisiana application had been filed with the Fish George Francis Memorial Library, 70123–2394 or call (800) 200–GULF. and Wildlife Service by the Zoological Kotzebue, AK Copies of the draft EIS will also be Society of San Diego for a permit (PRT– Kaveolook School Library, Kaktovik, AK available for review by the public in the 811418) to import two orphaned polar Kegoayah Kozga Public Library, Nome, following libraries: bear cubs from Canada. AK Notice is hereby given that on May 6, Nellie Weyiouanna Ilisaavik Library, Texas 1996, as authorized by the provisions of Shishmaref, AK Alma M. Carpenter Public Library, 330 the Marine Mammal Protection Act of North Slope Borough School District South Ann, Sourlake; 1972, as amended (16 U.S.C. 1361 et Library/Media Center, Barrow, AK Aransas Pass Public Library, 110 North seq.) the Fish and Wildlife Service Northern Alaska Environmental Center Lamont Street, Aransas Pass; authorized the requested permit subject Library, 218 Driveway, Fairbanks, AK Austin Public Library, 402 West Ninth to certain conditions set forth therein. Nuiqsut Library, Nuiqsut, AK Street, Austin; Documents and other information Tikigaq Library, Point Hope, AK Bay City Public Library, 1900 Fifth submitted for these applications are University of Alaska, Anchorage Street, Bay City; available for review by any party who Consortium Library, 3211 Providence Brazoria County Library, 410 Brazoport submits a written request to the U.S. Dr., Anchorage, AK Boulevard, Freeport; Fish and Wildlife Service, Office of University of Alaska, Fairbanks Institute Calhoun County Library, 301 South Management Authority, 4401 North of Arctic Biology, 311 Irving Bldg., Ann, Port Lavaca; Fairfax Drive, Room 430, Arlington, Fairbanks, AK Chambers County Library System, 202 Virginia 22203. Phone (703) 358–2104 University of Alaska-Juneau Library, Cummings Street, Anahuac; or Fax (703) 358–2281. 11120 Glacier Highway, Juneau, AK. Comfort Public Library, Seventh & High Streets, Comfort; Dated: May 10, 1996. Dated: April 19, 1996. Corpus Christi Central Library, 805 Mary Ellen P. Amtower, Thomas Gernhofer, Associate Director for Offshore Minerals Comanche Street, Corpus Christi; Acting Chief, Branch of Permits, Office of Dallas Public Library, 1513 Young Management Authority. Management. [FR Doc. 96–12168 Filed 5–14–96; 8:45 am] Street, Dallas; [FR Doc. 96–12197 Filed 5–14–96; 8:45 am] Houston Public Library, 500 McKinney BILLING CODE 4310±MR±P BILLING CODE 4310±55±P Street, Houston; Jackson County Library, 411 North Wells Street, Edna; Minerals Management Service Outer Continental Shelf, Gulf of Mexico Region, Proposed Central and Western Lamar University, Gray Library, Virginia Avenue, Beaumont; Outer Continental Shelf, Alaska Gulf Sales 166 and 168 LaRatama Library, 505 Mesquite Street, Region, Beaufort Sea Lease Sale 144 AGENCY: Minerals Management Service Corpus Christi; AGENCY: Minerals Management Service. (DOT). Liberty Municipal Library, 1710 Sam ACTION: Notice of availability of the final ACTION: Notice of Availability of the Houston Avenue, Liberty; environmental impact statement. Draft Environmental Impact Statement Orange Public Library, 220 North Fifth (EIS) and Intent to Hold Public Hearings Street, Orange; The Minerals Management Service Regarding Proposed Central and Port Arthur Public Library, 3601 (MMS) has prepared a final Western Gulf of Mexico Sales 166 and Cultural Center Drive, Port Arthur; Environmental Impact Statement (EIS) 168. Port Isabel Public Llibrary, 213 Yturria relating to the proposed 1996 Outer Street, Port Isabel; Continental Shelf oil and gas lease sale The Minerals Management Service Reber Memorial Library 193 North of available unleased blocks in the has prepared a draft EIS relating to Fourth, Raymondville; 24508 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Refugio County Public Library, 815 McNeese State University, Luther E. Florida State University, Strozier South Commerce Street, Refugio; Frazar Memorial Library, Ryan Street, Library, Call Street and Copeland Rice University, Fondren Library, 6100 Lake Charles; Avenue, Tallahassee; South Main Street, Houston; New Orleans Public Library, 219 Loyola Fort Walton Beach Public Library, 105 R.J. Kleberg Public Library, Fourth and Avenue, New Orleans; Miracle Strip Parkway, Fort Walton Henrietta, Kingsville; Nicholls State University, Nicholls State Beach; Rockwall County Library, 108 South Library, Leighton Drive, Thibodaux; Leon County Public Library, 200 West Fannin Street, Rockwall; Plaquemines Parish Library, 203 Park Avenue, Tallahassee; Rosenberg Library, 2310 Sealy Street, Highway 11, South, Buras; University of Florida Library, University Galveston; St. Bernard Parish Library, 1125 East St. Avenue, Gainesville; Sam Houston Regional Library & Bernard Highway, Chalmette; University of Florida, Holland Law Research Center, FM 1011 Governors St. Charles Parish Library, 105 Center Library, SW 25th and 2nd Road, Liberty; Lakewood Drive, Luling; Ave., Gainesville; Texas A&M University, Corpus Christi St. John The Baptist Parish Library, West Florida Regional Library, 200 West Library, 6300 Ocean Drive, Corpus 1334 West Airline Highway, Laplace; Gregory Street, Pensacola. Christi; St. Mary Parish Library, 206 Iberia Texas A&M University, Evans Library, Public hearings for proposed Central Street, Franklin; and Western Gulf of Mexico Sales 166 Spence and Lubbock Streets, College St. Tammany Parish Library, Covington and 168: In accordance with 30 CFR Station; Branch, 310 West 21st Street, 256.26, the Minerals Management Texas Southmost College Library, 1825 Covington; Service will hold two public hearings May Street, Brownsville; St. Tammany Parish Library, Slidell (dates, times, and locations are listed Texas State Library, 1200 Brazos Street, Branch, 555 Robert Boulevard, Slidell; below) soliciting comments on the draft Austin; Terrebonne Parish Library, 424 Roussell EIS for proposed 1997 Gulf of Mexico University of Houston Library, 4800 Street, Houma; Calhoun Boulevard, Houston; Tulane University, Howard Tilton Sales 166 and 168. The hearings will University of Texas at Brownsville, Memorial Library, 7001 Freret Street, provide the Secretary of the Interior Oliveria Memorial Library, 80 Fort New Orleans; with information from interested parties Brown, Brownsville; University of New Orleans Library, that will help in the evaluation of the University of Texas Law School, Tarlton Lakeshore Drive, New Orleans; potential effects of proposed lease Sales Law Library, 727 East 26th Street, University of Southwestern LA, Dupre 166 and 168: Austin; Library, 302 East St. Mary Boulevard, Texas—Houston, on July 17, 1996; 1:00 University of Texas, LBJ School of Lafayette; to 3:00 p.m. at the Marriott Public Affairs Library, 2313 Red River Vermilion Parish Library, Abbeville International Airport Hotel, 18700 Street, Austin; Branch, 200 North Street, Abbeville. John F. Kennedy Boulevard, and University of Texas Library, 21st and Louisiana—New Orleans, on July 18, Speedway Streets, Austin; Mississippi 1996; 1:00 to 3:00 p.m. at the Minerals Victoria Public Library, 320 North Main, Gulf Coast Research Laboratory, Gunter Management Service, 1201 Elmwood Victoria. Library, 703 East Beach Drive, Ocean Park Boulevard, Conference Room Louisiana Springs; 111, Jefferson, Louisiana. Hancock County Library System, 312 These hearings will also serve as an Calcasieu Parish Library, 327 Broad Highway 90, Bay Saint Louis; early opportunity for determining the Street, Lake Charles; Harrison County Library, 14th and 21st scope of significant issues related to the Cameron Parish Library, Marshall Avenues, Gulfport; development of draft EIS’s for Central Street, Cameron; Jackson George Regional Library and Western Gulf of Mexico Sales Grand Isle Branch Library, Highway 1, System, 3214 Pascagoula Street, proposed in the 5–Year OCS Oil and Grand Isle; Pascagoula. Government Documents Library, Loyola Gas Leasing Program for 1997–2002. University, 6363 St. Charles Avenue, Alabama The MMS proposes to prepare separate EIS’s for the Western Gulf and the New Orleans; Dauphin Island Sea Lab, MESC Library, Central Gulf. Each EIS will address all Iberville Parish Library, 24605 J. Gerald Bienville Boulevard, Dauphin Island; of the proposed sales in that planning Berret Boulevard, Plaquemine; Gulf Shores Public Library, Municipal area as scheduled in the 5-year program. Jefferson Parish Lobby Branch Library, Complex, Route 3, Gulf Shores; The hearings will provide information 3410 North Causeway Boulevard, Mobile Public Library, 701 Government for the development of appropriate Metairie; Street, Mobile; Jefferson Parish West Bank Outreach Montgomery Public Library, 445 South alternatives and mitigating measures, as Branch Library, 2751 Manhattan Lawrence Street, Montgomery; well as for the identification of Boulevard, Harvey; Thomas B. Norton Public Library, 221 significant issues. Lafayette Public Library, 301 W. West 19th Avenue, Gulf Shores; Persons who wish to testify at these Congress Street, Lafayette; University of South Alabama, hearings may register the day of the Lafitte Branch Library, Route 1, Box 2, University Boulevard, Mobile. hearing at the hearing sites beginning 1 Lafitte; hour prior to the meeting. Oral Lafourche Parish Library, 303 West 5th Florida testimony should be limited to 10 Street, Thibodaux; Bay County Public Library, 25 West minutes. Each hearing will begin at the Louisiana State University Library, 760 Government Street, Panama City; specified time and will recess when all Riverside Road, Baton Rouge; Florida A&M University, Coleman speakers have had an opportunity to Louisiana Tech University, Prescott Memorial Library, M.L. King testify. If there are no additional Memorial Library, Everet Street, Boulevard, Tallahassee speakers, the hearing will adjourn Ruston; Florida Northwest Regional Library, 25 immediately after the recess. Testimony LUMCON, Library, Star Route 541, West Government Street, Panama may be supplemented by a written Chauvin; City; statement that, if submitted at a hearing, Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24509 will be considered as part of the hearing Dated: May 8, 1996. contractors supplying such services so record. Diane E. Souder, that it may take appropriate action in Those unable to attend the hearing Acting Superintendent, Petroglyph National the event that the contractor does not may submit written statements until the Monument. comply with applicable USAID close of the comment period. Written [FR Doc. 96–12118 Filed 5–14–96; 8:45 am] regulations. The information collection, statements should be submitted to the BILLING CODE 4310±70±P recordkeeping, and reporting Regional Director, Minerals requirements are necessary to assure Management Service, Gulf of Mexico that USAID funds are expended in OCS Region, 1201 Elmwood Park AGENCY FOR INTERNATIONAL accordance with statutory requirements Boulevard, New Orleans, Louisiana DEVELOPMENT and USAID policies. 70123–2394. The comment period Annual Reporting Burden: closes August 10, 1996. Proposed Collection: Comment Respondents: 30, Annual responses: 12, Request Average hours per response: .50, Total Dated: May 7, 1996. annual responses: 360. Thomas Gernhofer, SUMMARY: U.S. Agency for International Dated: May 1, 1996. Associate Director for Offshore Minerals Development (USAID) is making efforts Management. to reduce the paperwork burden. USAID Genease E. Pettigrew, [FR Doc. 96–12169 Filed 5–14–96; 8:45 am] invites the general public and other Chief, Information Support Services Division, Office of Administrative Services, Bureau of BILLING CODE 4310±MR±P Federal agencies to take this opportunity to comment on the Management. following proposed and/or continuing [FR Doc. 96–12126 Filed 5–14–96; 8:45 am] National Park Service information collections, as required by BILLING CODE 6116±01±M the Paperwork Reduction Act of 1995. Petroglyph National Monument; Notice Comments are requested concerning: (a) of Meeting whether the proposed or continuing INTERNATIONAL TRADE collections of information is necessary COMMISSION Notice is hereby given in accordance for the proper performance of the with the Federal Advisory Committee [Investigation No. 731±TA±746 functions of the agency, including (Preliminary)] Act, Public Law 92–463, that a public whether information shall have meeting of the Petroglyph National practical utility; (b) the accuracy of the Beryllium Metal and High-Beryllium Monument Advisory Commission will burden estimates; (c) ways to enhance Alloys From Kazakhstan be held on Friday, June 21, 1996. the quality, utility, and clarity of the Determination The Public meeting will be held from information collected; and (d) ways to 9 a.m.–12 noon at the Indian Pueblo minimize the burden of the collection of On the basis of the record 1 developed Cultural Center, 2401 12th Street N.W., information on the respondents, in the subject investigation, the Albuquerque, New Mexico. including the use of automated Commission determines, pursuant to Petroglyph National Monument collection techniques or other forms of section 733(a) of the Tariff Act of 1930 Advisory Commission was chartered information technology. (19 U.S.C. § 1673b(a)), that there is a pursuant to Public Law 101–313, which DATES: Send comments on or before reasonable indication that an industry established Petroglyph National June 28, 1996. in the United States is materially injured by reason of imports from Monument, to advise the Secretary of ADDRESS INFORMATION TO: Mary Ann Kazakhstan of beryllium metal and the Interior on the management and Ball, Bureau of Management, Office of high-beryllium alloys,2 that are alleged development of the monument and on Administrative Services, Information to be sold in the United States at less the preparation of the monument’s Support Services Division, U.S. Agency than fair value (LTFV).3 general management plan. for International Development, B930 At the June 21, 1996 meeting, the N.S., Washington, D.C. (202) 736–4743 1 The record is defined in sec. 207.2(f) of the status of the general management or via e-mail [email protected]. Commission’s Rules of Practice and Procedure (19 planning process will be discussed, SUPPLEMENTARY INFORMATION: CFR § 207.2(f)). Commission members will be 2 OMB Number: OMB 0412–0017. The subject products are beryllium metal and introduced to the new Superintendent high-beryllium alloys with a beryllium content Form Number: AID 1440–3. and an election of Commission officers equal to or greater than 30 percent by weight, Title: Contractor’s Certificate and whether in ingot, billet, powder, block, lump, will be conducted. Any member of the Agreement with the U.S. Agency for chunk, blank, or other semifinished form. These are public may file a written statement International Development/Contractor’s intermediate or semifinished products that require further machining, casting and/or fabricating into concerning the matters to be discussed Invoice and Contract Abstract. at the Commission meeting with the sheet, extrusions, forgings or other shapes in order Type of Submission: Renewal. to meet the specifications of the end user. Beryllium Superintendent, Petroglyph National Purpose; USAID finances host country metal and high- beryllium alloys within the scope Monument. contracts, for technical and professional of this investigation are classifiable under Persons who wish further information subheadings 8112.11.60, 8112.11.30, 7601.20.90, services and for the construction of and elsewhere in the Harmonized Tariff Schedule concerning the meeting may contact physical facilities, between the of the United States (HTS). Although the HTS Judith Cordova, Superintendent, contractors for such services and subheadings are provided for convenience and Petroglyph National Monument, 6001 entities in the country receiving Customs purposes, the written description of the Unser Blvd. N.W., Albuquerque, New scope of this investigation is dispositive; e.g., assistance under loan or grant subject cut-to-size blocks and drilled tubular blanks Mexico, 87120, telephone 505/899– agreements with the recipient country. of beryllium metal may be provided for as wrought 0205. USAID is not a party to these contracts, products in HTS subheading 8112.19.00. Minutes of the Commission will be and the contracts are not subject to the 3 Commissioner Lynn M. Bragg finds that there is a reasonable indication that an industry in the available for public inspection six FAR. In its role as the financing agency, United States is threatened with material injury by weeks after the meeting, at Petroglyph USAID needs some means of collecting reason of imports from Kazakhstan of beryllium National Monument headquarters. information directly from the Continued 24510 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Background under section 332(g) of the Tariff Act of requested by the USTR on December 28, On March 14, 1996, a petition was 1930 (19 U.S.C. 1332(g)). 1994, also under section 332(g) of the filed with the Commission and the FOR FURTHER INFORMATION: Information Tariff Act of 1930. In that report, the Department of Commerce by Brush on service industries may be obtained Commission examined the Wellman, Cleveland, OH, alleging that from Mr. Richard Brown, Office of commitments scheduled by the an industry in the United States is Industries (202–205–3438) and Mr. European Union (EU), Japan, Canada, materially injured or threatened with Christopher Melly, Office of Industries and Mexico with respect to the material injury by reason of LTFV (202–205–3461); economic aspects, from industries delineated above. The initial imports of beryllium metal and high- Mr. William Donnelly, Office of report, USITC Publication 2940, was beryllium alloys from Kazakhstan. Economics (202–205–3223); and legal published in December 1995, and is Accordingly, effective March 14, 1996, aspects, from Mr. William Gearhart, available on the ITC Internet server the Commission instituted antidumping Office of the General Counsel (202–205– (http://www.usitc.gov or ftp:// investigation No. 731–TA–746 3091). The media should contact Ms. ftp.usitc.gov). (Preliminary). Margaret O’Laughlin, Office of Public Public Hearing Notice of the institution of the Affairs (202–205–1819). Hearing A public hearing in connection with Commission’s investigation and of a impaired individuals are advised that the investigation will be held at the U.S. public conference to be held in information on this matter can be International Trade Commission connection therewith was given by obtained by contacting the TDD Building, 500 E Street SW, Washington, terminal on (202–205–1810). posting copies of the notice in the Office DC, beginning at 9:30 a.m. on July 18, of the Secretary, U.S. International Background 1996. All persons shall have the right to Trade Commission, Washington, DC, As requested by the USTR in a letter appear, by counsel or in person, to and by publishing the notice in the present information and to be heard. Federal Register of March 26, 1996 (61 dated April 5, 1996, the Commission, pursuant to section 332(g) of the Tariff Requests to appear at the public hearing FR 13213). The conference was held in should be filed with the Secretary, U.S. Washington, DC, on April 3, 1996, and Act of 1930, has instituted an investigation and will prepare a report International Trade Commission, 500 E all persons who requested the Street SW, Washington, DC 20436, no opportunity were permitted to appear in that (1) examines the content of foreign schedules of commitments under the later than 5:15 p.m., July 5, 1996. Any person or by counsel. prehearing briefs (original and 14 The Commission transmitted its General Agreement on Trade in Services (GATS), explaining the commitments in copies) should be filed not later than determination in this investigation to 5:15 p.m., July 5, 1996. The deadline for the Secretary of Commerce on May 6, non-technical language; and (2) seeks to identify the potential benefits and filing post-hearing briefs or statements 1996. The views of the Commission are is 5:15 p.m., August 1, 1996. In the contained in USITC Publication 2959 limitations of foreign commitments. Also as requested, the Commission will event that, as of the close of business on (May 1996), entitled ‘‘Beryllium Metal July 5, 1996, no witnesses are scheduled focus on sector-specific commitments and High-Beryllium Alloys from to appear at the hearing, the hearing will scheduled by Argentina, Bolivia, Brazil, Kazakhstan: Investigation No. 731–TA– be canceled. Any person interested in Chile, Colombia, Paraguay, Peru, 746 (Preliminary).’’ attending the hearing as an observer or Uruguay, and Venezuela with respect to By order of the Commission. non-participant may call the Secretary the following industries: Issued: May 8, 1996. • distribution services (defined as to the Commission (202–205–1816) after Donna R. Koehnke, wholesaling, retailing, and franchising July 5, 1996, to determine whether the Secretary. services); hearing will be held. [FR Doc. 96–12183 Filed 5–14–96; 8:45 am] • education services; Written Submissions • communication services (defined as BILLING CODE 7020±02±P In lieu of or in addition to enhanced telecommunication, courier, participating in the hearing, interested and audiovisual services); [Investigation No. 332±367] • health care services; parties are invited to submit written • professional services (defined as statements concerning the matters to be General Agreement on Trade in accounting, advertising, and legal addressed by the Commission in its Services: Examination of South services); report on this investigation. Commercial American Trading Partners' Schedules • architectural, engineering, and or financial information that a submitter of Commitments construction (AEC) services; desires the Commission to treat as AGENCY: International Trade • land-based transport services confidential must be submitted on Commission, Department of Commerce. (defined as rail and trucking services); separate sheets of paper, each clearly marked ‘‘Confidential Business ACTION: Institution of investigation and and • Information’’ at the top. All submissions scheduling of public hearing. travel and tourism. In addition, the Commission will requesting confidential treatment must EFFECTIVE DATE: May 6, 1996. examine horizontal commitments conform with the requirements of SUMMARY: Following receipt on April 9, relevant to the specified industries, such section 201.6 of the Commission’s Rules 1996, of a request from the Office of the as those regarding investment and of Practice and Procedure (19 C.F.R. United States Trade Representative temporary entry and stay of foreign 201.6). All written submissions, except (USTR), the Commission instituted workers. As requested by the USTR, the for confidential business information, Investigation No. 332–367, General Commission plans to deliver its report will be made available in the Office of Agreement on Trade in Services: to the USTR by December 13, 1996. the Secretary of the Commission for Examination of South American Trading The investigation is a follow-on to inspection by interested parties. To be Partners’ Schedules of Commitments, Commission Investigation No. 332–358, assured of consideration by the General Agreement on Trade in Commission, written statements relating metal and high-beryllium alloys that are alleged to Services: Examination of Major Trading to the Commission’s report should be be sold in the United States at LTFV. Partners’ Schedules of Commitments, submitted to the Commission at the Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24511 earliest practical date and should be Background Industries (202–205–3394) or the received no later than the close of The Commission instituted these assistant project leader, Ms. Jennifer business on August 1, 1996. All investigations effective October 5, 1995, Rorke, Office of Industries (202–205– submissions should be addressed to the following preliminary determinations 3489). For information on legal aspects, Secretary, U.S. International Trade by the Department of Commerce that please contact Mr. William Gearhart, Commission, 500 E Street SW., imports of PVA from China, Japan, and Office of General Counsel (202–205– Washington, DC 20436. Taiwan were being sold at LTFV within 3091). The media should contact Ms. Persons with mobility impairments the meaning of section 733(b) of the Act Margaret O’Laughlin, Office of Public who will need special assistance in (19 U.S.C. § 1673b(b)). Notice of the Affairs (202–205–1819). Hearing impaired individuals are advised that gaining access to the Commission institution of the Commission’s information on this matter can be should contact the Office of the investigations and of a public hearing to obtained by contacting the TDD Secretary at 202–205–2000. be held in connection therewith was terminal on (202–205–1810). By order of the Commission. given by posting copies of the notice in Issued: May 7, 1996. the Office of the Secretary, U.S. Background Donna R. Koehnke, International Trade Commission, The initial notice of institution of this Secretary. Washington, DC, and by publishing the investigation was published in the [FR Doc. 96–12182 Filed 5–14–96; 8:45 am] notice in the Federal Register of Federal Register of September 4, 1986 BILLING CODE 7020±02±P November 9, 1995 (60 FR 56614). The (51 FR 31729). The report has been hearing was held in Washington, DC, on published in the current series under March 26, 1996, and all persons who investigation No. 332–237 annually [Investigations Nos. 731±TA±726, 727, and requested the opportunity were 729 (Final)] since December 1986. The report, permitted to appear in person or by originally entitled ‘‘Imports Under Items Polyvinyl Alcohol from China, Japan, counsel. 806.30 and 807.00 of the Tariff and Taiwan The Commission transmitted its Schedules of the United States, 1982– determinations in these investigations to 85,’’ has undergone a number of changes Determinations the Secretary of Commerce on May 6, in the title to reflect adoption of the On the basis of the record 1 developed 1996. The views of the Commission are Harmonized Tariff Schedule (HTS) and in the subject investigations, the contained in USITC Publication 2960 modification to the provisions in Commission determines,2 pursuant to (May 1996), entitled ‘‘Polyvinyl Alcohol heading 9802 of that schedule. HTS section 735(b) of the Tariff Act of 1930 from China, Japan, and Taiwan: provision 9802.00.60 involves tariff (19 U.S.C. § 1673d(b)) (the Act), that an Investigations Nos. 731–TA–726, 727, treatment for metal of U.S. origin industry in the United States is and 729 (Final).’’ processed in a foreign location and materially injured or threatened with By order of the Commission. returned to the United States for further material injury by reason of imports Issued: May 9, 1996. processing; provision 9802.00.80 from China, Japan, and Taiwan of Donna R. Koehnke, involves tariff treatment for imported 3 goods that contain U.S.-made polyvinyl alcohol (PVA), provided for Secretary. components. in subheading 3905.30.00 of the [FR Doc. 96–12184 Filed 5–14–96; 8:45 am] Harmonized Tariff Schedule of the As in past years, the report will BILLING CODE 7020±02±P United States,4 that have been found by provide an analysis of developments in the Department of Commerce to be sold U.S. imports under the production in the United States at less than fair [Investigation 332±237] sharing provisions of tariff heading 9802 value (LTFV).5 focusing on shifts in trade and product Production Sharing: Use of U.S. mix, and trends by principal country 1 The record is defined in sec. 207.2(f) of the Components and Materials in Foreign sources and industry groups. The report Commission’s Rules of Practice and Procedure (19 Assembly, 1992±95 (U.S. Imports will also assess U.S. production CFR § 207.2(f)). Under Production Sharing Provisions generated as a result of foreign 2 Chairman Watson, Vice Chairman Nuzum, and of Harmonized Tariff Schedule Heading assembly, the use of production sharing Commissioner Rohr dissenting. 9802) 3 The imported product subject to these by foreign manufacturers, the effect of the North American Free-Trade investigations is PVA, which is a dry, white to AGENCY: United States International cream-colored, water-soluble synthetic polymer. Agreement (NAFTA) on U.S. parts This product consists of PVA hydrolyzed in excess Trade Commission. producers, and developments in the of 85 percent, whether or not mixed or diluted with ACTION: Opportunity to submit written global integration of specific industries. defoamer or boric acid. Excluded from the scope of statements in connection with the 1996 the investigations is PVA covalently bonded with The report will also provide information acetoacetylate, carboxylic acid, or sulfonic acid report, and retitling of investigation. on how companies involved in uniformly present on all polymer chains in a production sharing in Mexico have EFFECTIVE DATE: May 6, 1996. concentration equal to or greater than two mole changed their operations in response to percent, and PVA covalently bonded with silane SUMMARY: The Commission has uniformly present on all polymer chains in a NAFTA. concentration equal to or greater than one-tenth of prepared and published annual reports one mole percent. PVA in fiber form is not included on production sharing under this series Written Submissions in the scope of these investigations. since 1986. The Commission plans to No public hearing is planned. 4 Prior to Jan. 1996, PVA was provided for in publish the next report in December However, interested persons are invited subheading 3905.20.00 of the Harmonized Tariff 1996, which will cover U.S. import data Schedule of the United States. to submit written comments concerning 5 Commissioner Newquist and Commissioner on production sharing for the years the 1996 report. Commercial or financial Bragg, who find that an industry in the United 1992–95. information which a submitter desires States is threatened with material injury, further FOR FURTHER INFORMATION CONTACT: the Commission to treat as confidential determine pursuant to 19 U.S.C. § 1673d(b)(4)(B), that they would not have found material injury but Questions about the production sharing must be provided on separate sheets of for the suspension of liquidation of entries of the report may be directed to the project paper, each clearly marked merchandise under investigation. leader, Adam Topolansky, Office of ‘‘Confidential Business Information’’ at 24512 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices the top. All submissions requesting the Town of Southington, Connecticut reproduction costs), payable to the confidential treatment must conform (‘‘Site’’). Consent Decree Library. with the requirements of section 201.6 The proposed Settlement Agreement Joel Gross, of the Commission’s Rules of Practice embodies as agreement with AM Chief, Environmental Enforcement Section, and Procedure (19 CFR 201.6). All International, Inc. to reimburse EPA for Environment and Natural Resources Division. written submissions, except for a portion of its past and future response [FR Doc. 96–12112 Filed 5–14–96; 8:45 am] confidential business information, will costs at the Site. Of the $450,555 BILLING CODE 4410±01±M be made available in the Office of the Secretary of the Commission for generated by the settlement, $157,694 inspection by interested persons. To be will be paid to the Hazardous Notice of Lodging of Consent Decree assured of consideration by the Substances Superfund for Pursuant to the Comprehensive Commission, written statements relating reimbursement of EPA’s past response Environmental Response, to the Commission’s report should be costs at the Site, and $292,861 will be Compensation, and Liability Act, 42 submitted to the Commission at the deposited into a trust account to be used U.S.C. 9601 to 9675 earliest practical date and should be for the partial funding of future received no later than the close of remedial actions at the Site. The Notice is hereby given that a proposed business on September 30, 1996. All proposed Settlement Agreement also consent decree in United States v. David submissions should be addressed to the provides for AM International, Inc. to B. Fisher, et al., Civil Action No. S92– Secretary, U.S. International Trade pay the U.S. Department of the Interior 00636M, was lodged on April 23, 1996 Commission, 500 E Street SW., (‘‘DOI’’) $10,000 to resolve potential with the United States District Court for Washington, DC 20436. claims for damages to natural resources the Northern District of Indiana, South Persons with mobility impairments under the trusteeship of DOI. Bend Division. The proposed consent who will need special assistance in The proposed Settlement Agreement gaining access to the Commission decree resolves the United States’ also provides AM International, Inc. claims against five of twelve defendants, should contact the Office of the with a release for civil liability for EPA’s Secretary at (202) 205–2000. as well as one third-party defendant, the past and future CERCLA response costs U.S. Army, for unreimbursed past costs List of Subjects and natural resource damages at the Site incurred in connection with the Fisher- Production sharing, Foreign assembly, for resources under the trusteeship of Calo Superfund Site located in Infrastructure, Globalization, Apparel, the Secretary of the Interior and the Kingsbury, Indiana in return for a NAFTA. Secretary of Commerce, through the payment of $345,000. National Oceanic and Atmospheric The Department of Justice will Issued: May 9, 1996. Administration. By order of the Commission. receive, for a period of thirty (30) days The Department of Justice will from the date of this publication, Donna R. Koehnke, receive, for a period of thirty (30) days comments relating to the proposed Secretary. from the date of this publication, consent decree. Comments should be [FR Doc. 96–12181 Filed 5–14–96; 8:45 am] comments relating to the proposed addressed to the Assistant Attorney BILLING CODE 7020±02±P Settlement Agreement. Comments General for the Environment and should be addressed to the Assistant Natural Resources Division, Department Attorney General for the Environment of Justice, Washington, D.C. 20530, and and Natural Resources Division, should refer to United States v. David B. DEPARTMENT OF JUSTICE # Department of Justice, P.O. Box 7611, Fisher, et al., DOJ Ref. 90–11–2–549A. Notice of Lodging of Settlement Ben Franklin Station, Washington, D.C. The proposed consent decree may be Agreement Pursuant to the 20044–7611, and should refer to In re examined at the office of the United Comprehensive Environmental AM International, Inc., et al., DOJ Ref. States Attorney, 1000 Washington Response, Compensation and Liability No. 90–7–1–23D. Street, 203 Federal Building, Bay City, Act The proposed Settlement Agreement Michigan 48707; the Region 5 Office of the Environmental Protection Agency, In accordance with Department may be examined at the Office of the United States Attorney, Chemical Bank 77 West Jackson Boulevard, Chicago, policy, 28 C.F.R. 50.7, notice is hereby Illinois 60604; and at the Consent Plaza, 1201 Market Street, Suite 1100, given that a proposed Settlement Decree Library, 1120 G Street, N.W., 4th Wilmington, Delaware 19899–2046; the Agreement in In re AM International, Floor, Washington, D.C. 20005, (202) New England Office of the Inc., et al., Case No. 82–B–04922 (Bktcy. 624–0892. A copy of the proposed N.D. III.) and In re AM International, Environmental Protection Agency, EPA– consent decree may be obtained in Inc., et al., Case No. 93–582 (Bktcy. New England Records Center, 90 Canal person or by mail from the Consent Del.), was lodged on April 29, 1996 with Street, First Floor, Boston, MA 02203; Decree Library, 1120 G Street, N.W., 4th the United States Bankruptcy Court for and at the Consent Decree Library, 1120 Floor, Washington, D.C. 20005. In the District of Delaware. The proofs of G Street, N.W., Fourth Floor, requesting a copy please refer to the claim in these actions seek to recover, Washington, D.C. 20005, (202) 624– referenced case and enclose a check in pursuant to the Comprehensive 0892. A copy of the proposed the amount of $7.00 (25 cents per page Environmental Response, Settlement Agreement may be obtained reproduction costs), payable to the Compensation, and Liability Act in person or by mail from the Consent Consent Decree Library. (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., Decree Library, 1120 G Street, Fourth Joel M. Gross, response costs incurred and to be Floor, N.W., Washington, D.C. 20005. In Chief, Environment and Natural Resources incurred by U.S. Environmental requesting a copy, please refer to the Protection Agency (‘‘EPA’’) at the Division. referenced case and enclose a check in [FR Doc. 96–12114 Filed 5–14–96; 8:45 am] Solvents Recovery Service of New the amount of $2.00 (25 cents per page England, Inc. Superfund Site located in BILLING CODE 4410±01±M Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24513

Notice of Lodging of Consent Order Decree Library, 1120 G Street, N.W., 4th wells at the Stillman facility pursuant to Modification Pursuant to the Clean Air Floor, Washington, D.C. 20005, (202) the Schedule and a previously Act 624–0892. A copy of the proposed submitted and approved plugging and Second Consent Order Modification abandonment plan (the ‘‘Plan’’). In accordance with Departmental may be obtained in person or by mail The Department of Justice will policy at 28 CFR § 50.7, notice is hereby from the Consent Decree Library. In receive, for thirty (30) days from the given that on April 30, 1996 a proposed requesting a copy, please enclose a date of publication of this notice, Second Consent Order Modification in check in the amount of $6.75 (25 cents written comments relating to the United States v. New Boston Coke per page reproduction cost) payable to Consent Decree. Comments should be Corporation, Civil Action No. C–1–84– the Consent Decree Library. addressed to the Assistant Attorney 1427 was lodged with the United States Joel M. Gross, General, Environment and Natural District Court for the Southern District Resources Division, U.S. Department of of Ohio, Western Division. This Second Chief, Environmental Enforcement Section, Environment and Natural Resources Division. Justice, Washington, D.C. 20530 and Consent Order Modification represents should refer to United States v. settlement of claims by the United [FR Doc. 96–12111 Filed 5–14–96; 8:45 am] BILLING CODE 4410±01±M Raymond G. Regis, Paul Wasson, and States against the New Boston Coke Wasson and Regis, a Partnership, D.O.J. Corporation (‘‘New Boston’’) for Ref. No. 90–5–1–1–3937. violations of the Clean Air Act, 42 Notice of Lodging of Consent Decree The proposed Consent Decree may be U.S.C. 7401, and certain terms and Pursuant to the Clean Air Act examined at the Office of the United conditions of a Consent Order States Attorney for the Western District Modification entered on September 25, In accordance with Departmental of New York located at 68 Court Street, 1993. policy, 28 CFR § 50.7, 38 FR 19029, Buffalo, New York 14202; at the Region Under this settlement, New Boston notice is hereby given that on April 26, II Office of the Environmental will implement and complete a program 1996, a proposed Consent Decree in Protection Agency located at 290 for construction of a wastewater United States v. Raymond G. Regis, Paul Broadway, New York, New York 10007; treatment system to treat all direct Wasson, and Wasson and Regis, a and at the Consent Decree Library, 1120 contact process wastewaters from its Partnership, Civil Action No. 94–CV– G Street, N.W., 4th Floor Washington, coke recovery by-product plant, with 0319C(F), was lodged with the United D.C., 20005, (202)–624–0892. A copy of States District Court for the Western the treated wastewaters to be discharged the proposed Consent Decree may be District of New York resolving the to the Ohio River pursuant to a modified obtained in person or by mail from the matters alleged in the United States’ National Pollution System Discharge Consent Decree Library, 1120 G Street, complaint filed on April 28, 1994. The Elimination System (‘‘NPDES’’) permit. N.W., 4th Floor, Washington, D.C., proposed Consent Decree represents a New Boston shall then achieve 20005. In requesting a copy, please settlement of the United States’ claims compliance with certain limitations for enclose a check in the amount of $15.50 against Raymond G. Regis, Paul Wasson, total dissolved solids in its quench (25 cents per page reproduction charge) and Wasson and Regis, a Partnership water by using only river water or non- payable to the Consent Decree Library. contact process cooling water as (‘‘Defendants’’) under the Safe Drinking Joel M. Gross, makeup water in its quenching Water Act for Defendants’ violations of operations. the Safe Drinking Water Act by failing Chief, Environmental Enforcement Section, New Boston shall also comply with to comply with the Underground Environment and Natural Resources Division. certain emission limits in connection Injection Control (‘‘UIC’’) regulations for [FR Doc. 96–12113 Filed 5–14–96; 8:45 am] with activities at its coke battery. In Class II injection wells for the secondary BILLING CODE 4410±01±M addition, New Boston will pay an recovery of oil, 40 CFR Part 144.28, aggregate civil penalty of $295,000. promulgated under sections 300h and Antitrust Division Stipulated penalties may be imposed in 300h–1 of the Safe Drinking Water Act, the event New Boston does not comply 42 U.S.C. 1421 and 1422, and for failure Notice Pursuant to the National with the requirements of the Second to comply with the terms of a final Cooperative Research and Production Consent Order Modification. administrative order issued pursuant to Act of 1993ÐAdvanced Process The Department of Justice will receive section 300h-2(c), 42 U.S.C. 1423(c), Control Framework Initiative Program comments relating to the proposed requiring compliance with the Safe Second Consent Order Modification for Drinking Water Act UIC program. Notice is hereby given that, on April a period of thirty (30) days from the date Under the proposed Consent Decree 15, 1996, pursuant to § 6(a) of the of this publication. Comments should be the Defendants shall comply with the National Cooperative Research and addressed to the Assistant Attorney UIC regulations, including the Production Act of 1993, 15 U.S.C. 4301 General of the Environment and Natural implementing regulations pertaining to et seq. (‘‘the Act’’), the Advanced Resources Division, Department of Class II Injection Wells at 40 CFR 144.22 Process Control Framework Initiative Justice, Washington, D.C. 20530, and and 144.28, and the Safe Drinking Water Program (‘‘APCFIP’’) has filed written should refer to United States v. New Act. Under the consent decree, notifications simultaneously with the Boston Coke Corporation, D.J. # 90–5–2– Defendants are also required to submit Attorney General and the Federal Trade 1–710B. a plugging and abandonment schedule Commission disclosing (1) the identities The proposed Second Consent Order (the ‘‘Schedule’’) for the fifteen wells at of the parties and (2) the nature and Modification may be examined at the the Stillman facility in Bolivar, New objectives of the venture. The Office of the United States Attorney, York, within thirty days from the date notifications were filed for the purpose Southern District of Ohio, 220 U.S. Post of lodging, which provides for the of invoking the Act’s provisions limiting Office and Courthouse, 100 East Fifth proper plugging and abandonment of at the recovery of antitrust plaintiffs to Street, Cincinnati, Ohio 45202, and at least three wells per year commencing actual damages under specified U.S. EPA Region 5, Office of Regional no later than calendar year 1996 and to circumstances. Pursuant to § 6(b) of the Counsel, 200 West Adams, Chicago, properly plug and abandon the fifteen Act, the identities of the parties are: Illinois 60604, and at the Consent secondary, enhanced recovery injection Honeywell Inc., Minneapolis, MN; and 24514 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Advanced Micro Devices, Inc., Austin, Commission disclosing changes in its North Haven, CT; Super Highway TX. membership. The notifications were Company, New York, NY; US Robotics, APCFIP’s area of planned activity is filed for the purpose of invoking the Westborough, MA; and Wandel & development of advanced process Act’s provisions limiting the recovery of Goltermann, Eningen, GERMANY have control required by the semiconductor antitrust plaintiffs to actual damages been added to the venture. Telenex has manufacturing industry. under specified circumstances. changed its name to General Signal Constance K. Robinson, Specifically, the changes are as follows: Networks. Chipcom has withdrawn Director of Operations, Antitrust Division. Cellstream Networks, Inc., Sarasota, FL; from the venture. [FR Doc. 96–12110 Filed 5–14–96; 8:45 am] Comsat Corporation, Clarksburg, MD; On April 19, 1993, the Forum filed its BILLING CODE 4410±01±M Digital Equipment Corporation, Berks, original notification pursuant to section UNITED KINGDOM; Hekemian 6(b) of the Act. The Department of Laboratories, Inc., Rockville, MD; and Justice published a notice in the Federal Notice Pursuant to the National InComA, Ltd, Moscow RUSSIA; have Register pursuant section 6(b) of the Act Cooperative Research and Production been added as members to the venture. on June 2, 1993 (58 FR 45532). The last Act of 1993ÐConsortium for Integrated Nortel DASA, Friedrichs Hafem, notification was filed on August 8, 1995. Intelligent Manufacturing, Planning GERMANY has been added as an A notice was published in the Federal and Execution affiliate member. Loral Data Systems, Register on March 12, 1996 (61 FR Sarasota, FL; and Defense Research 10011). Notice is hereby given that, on April Agency, Malvern, Worcestershire, Constance K. Robinson, 24, 1996, pursuant to § 6(a) of the UNITED KINGDOM have been dropped National Cooperative Research and Director of Operations, Antitrust Division. as members of the venture. [FR Doc. 96–12107 Filed 5–14–96; 8:45 am] Production Act of 1993, 15 U.S.C. 4301 On April 10, 1992, the Forum filed its et seq. (‘‘the Act’’), the Consortium for original notification pursuant to § 6(b) of BILLING CODE 4410±01±M Integrated Intelligent Manufacturing, the Act. The Department of Justice Planning and Execution (‘‘CIIMPLEX’’) published a notice in the Federal Drug Enforcement Administration has filed written notifications Register pursuant to § 6(b) of the Act on simultaneously with the Attorney July 2, 1992 (57 FR 29537). The last Manufacturer of Controlled General and the Federal Trade notification was filed on December 27, Substances; Notice of Registration Commission disclosing (1) the identities 1995. A notice was published in the of the parties and (2) the nature and Federal Register on February 20, 1996 By Notice dated February 2, 1996, and objectives of the venture. The (61 FR 6389). published in the Federal Register on notifications were filed for the purpose Constance K. Robinson, February 13, 1996, (61 FR 5570), Isotec of invoking the Act’s provisions limiting Director of Operations, Antitrust Division. Inc., 3858 Benner Road, Miamisburg, Ohio 45342, made application to the the recovery of antitrust plaintiffs to [FR Doc. 96–12109 Filed 5–14–96; 8:45 am] actual damages under specific Drug Enforcement Administration circumstances. Pursuant to § 6(b) of the BILLING CODE 4410±01±M (DEA) to be registered as a bulk Act, the identities of the parties are: manufacturer of the basic classes of International Business Machines Antitrust Division controlled substances listed below: (‘‘IBM’’) Corporation, Charlotte, NC; Berclain U.S.A., Schaumberg, IL; Notice Pursuant to the National Drug Schedule Ingersoll Rand, Woodcliff Lake, NJ; J.D. Cooperative Research and Production Edwards, Denver, CO; and QUD Inc., Cathinone (1235) ...... I Act of 1993; the ATM Forum Methcathinone (1237) ...... I Mt. Laurel, NJ. Notice is hereby given that, on N-Ethylamphetamine (1475) ...... I The CIIMPLEX Consortium’s area of N,N-Dimethylamphetamine planned activity is the development of February 2, 1996, pursuant to § 6(a) of the National Cooperative Research and (1480) ...... I open industry software protocols that Aminorex (1585) ...... I will integrate manufacturing, planning Production Act of 1993, 15 U.S.C. 4301 Methaqualone (2565) ...... I and execution computing environments et seq. (‘‘the Act’’), the ATM Forum Lysergic acid diethylamide across the U.S. manufacturing base. (‘‘Forum’’) has filed written (7315) ...... I Constance K. Robinson, notifications simultaneously with the Tetrahydrocannabinols (7370) .... I Attorney General and the Federal Trade Mescaline (7381) ...... I Director of Operations, Antitrust Division. Commission disclosing changes in its 2,5-Dimethoxyamphetamine [FR Doc. 96–12108 Filed 5–14–96; 8:45 am] membership. The notifications were (7396) ...... I BILLING CODE 4410±01±M filed for the purpose of extending the 3,4-Methylenedioxyamphetamine Act’s provisions limiting the recovery of (7400) ...... I 3,4-Methylenedioxy-N- antitrust plaintiffs to actual damages Antitrust Division ethylamphetamine (7404) ...... I under specified circumstances. 3,4-Methylenedioxymetham- Notice Pursuant to the National Specifically, the changes are as follows: phetamine (7405) ...... I Cooperative Research and Production ABB, HAFO, Jarfalla, SWEDEN; Anixter, Psilocybin (7437) ...... I Psilocyn (7438) ...... I Act of 1993Ðthe Frame Relay Forum Inc., Skokie, IL; Anritsu Wiltron, Atsugi- Shi, Kanagawa, JAPAN; Belgacom, N-Ethyl-1-phenylcyclohexylamine Notice is hereby given that, on April Brussels, BELGIUM; Diamond Lane (7455) ...... I 29, 1996, pursuant to § 6(a) of the Communications, Petaluma, CA; GN Dihydromorphine (9145) ...... I National Cooperative Research and Nettest, Markham, Ontario, CANADA; Normorphine (9313) ...... I Acetylmethadol (9601) ...... I Production Act of 1993, 15 U.S.C. 4301 Incite, Dallas, TX; Integrated Systems Alphacetylmethadol Except et seq. (‘‘the Act’’), the Frame Relay Technology, Lanham, MD; Litton- Levo-Alphacetylmethadol Forum (‘‘Forum’’), has filed written Fibercom, Roanoke, VA; Molex, Lisle, (9603) ...... I notifications simultaneously with the IL; Scope Communications, Northboro, Normethadone (9635) ...... I Attorney General and the Federal Trade MA; Southern New England Telephone, 3-Methylfentanyl (9813) ...... I Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24515

Drug Schedule Drug Schedule character and in the localities specified therein. Amphetamine (1100) ...... II Cathinone (1235) ...... I The determinations in these decisions Methamphetamine (1105) ...... II Methcathinone (1237) ...... I of prevailing rates and fringe benefits Methylphenidate (1724) ...... II Alpha-Ethyltryptamine (7249) ..... I have been made in accordance with 29 Amobarbital (2125) ...... II Lysergic acid diethylamide CFR Part 1, by authority of the Secretary Pentobarbital (2270) ...... II (7315) ...... I of Labor pursuant to the provisions of Secobarbital (2315) ...... II 4-Bromo-2,5- the Davis-Bacon Act of March 3, 1931, 1-Phenylcyclohexylamine (7460) II dimethoxyamphetamine (7391) I 2,5-Dimethoxyamphetamine as amended (46 Stat. 1494, as amended, Phencyclidine (7471) ...... II 40 U.S.C. 276a) and of other Federal Phenylacetone (8501) ...... II (7396) ...... I 3,4-Methylenedioxymeth- am- statutes referred to in 29 CFR Part 1, 1-Piperidinocyclohexane- phetamine (7405) ...... I Appendix, as well as such additional carbonitrile (8603) ...... II Dimethyltryptamine (7435) ...... I statutes as may from time to time be Codeine (9050) ...... II 1-[1-(2-Thienyl) cyclohexyl] pi- enacted containing provisions for the Dihydrocodeine (9120) ...... II peridine (7470) ...... I Oxycodone (9143) ...... II payment of wages determined to be Heroin (9200) ...... I prevailing by the Secretary of Labor in Hydromorphone (9150) ...... II Normorphine (9313) ...... I Benzoylecgonine (9180) ...... II accordance with the Davis-Bacon Act. Phencyclidine (7471) ...... II The prevailing rates and fringe benefits Ethylmorphine (9190) ...... II Benzoylecgonine (9180) ...... II Hydrocodone (9193) ...... II determined in these decisions shall, in Isomethadone (9226) ...... II The firm plans to manufacture the accordance with the provisions of the foregoing statutes, constitute the Meperidine (9230) ...... II listed controlled substances for minimum wages payable on Federal and Methadone (9250) ...... II laboratory reference standards and federally assisted construction projects Methadone intermediate (9254) II neurochemicals. to laborers and mechanics of the Dextropropoxyphene, bulk (non- Any other such applicant and any dosage forms) (9273) ...... II specified classes engaged on contract person who is presently registered with Morphine (9300) ...... II work of the character and in the DEA to manufacture such substances Levo-Alphacetylmethadol (9648) II localities described therein. Oxymorphone (9652) ...... II may file comments or objections to the Good cause is hereby found for not Fentanyl (9801) ...... II issuance of the above application. utilizing notice and public comment Any such comments or objections procedure thereon prior to the issuance may be addressed, in quintuplicate, to No comments or objections have been of these determinations as prescribed in the Deputy Assistant Administrator, received. DEA has considered the 5 U.S.C. 553 and not providing for delay Office of Diversion Control, Drug factors in 21 U.S.C. 823(a) and in the effective date as prescribed in that Enforcement Administration, United determined that the registration of Isotec section, because the necessity to issue States Department of Justice, Inc. to manufacture the listed controlled current construction industry wage Washington, DC 20537, Attention: DEA substances is consistent with the public determinations frequently and in large Federal Register Representative (CCR), interest at this time. Therefore, pursuant volume causes procedures to be and must be filed no later than July 15, to 21 U.S.C. 823 and 28 CFR §§ 0.100 impractical and contrary to the public 1996. and 0.104, the Deputy Assistant interest. Administrator, Office of Diversion Dated: May 6, 1996. General wage determination Control, hereby orders that the Gene R. Haislip, decisions, and modifications and application submitted by the above firm Deputy Assistant Administrator, Office of supersedes decisions thereto, contain no for registration as a bulk manufacturer Diversion Control, Drug Enforcement expiration dates and are effective from of the basic classes of controlled Administration. their date of notice in the Federal substances listed above is granted. [FR Doc. 96–12122 Filed 5–14–96; 8:45 am] Register, or on the date written notice BILLING CODE 4410±09±M is received by the agency, whichever is Dated: May 8, 1966. earlier. These decisions are to be used Gene R. Haislip, in accordance with the provisions of 29 Deputy Assistant Administrator, Office of CFR Parts 1 and 5. Accordingly, the Diversion Control, Drug Enforcement DEPARTMENT OF LABOR applicable decision, together with any Administration. Employment Standards Administration modifications issued, must be made a [FR Doc. 96–12123 Filed 5–14–96; 8:45 am] part of every contract for performance of BILLING CODE 4410±09±M Wage and Hour Division; Minimum the described work within the Wages for Federal and Federally geographic area indicated as required by Assisted Construction; General Wage an applicable Federal prevailing wage Manufacturer of Controlled Determination Decisions law and 29 CFR Part 5. The wage rates Substances; Notice of Application and fringe benefits, notice of which is General wage determination decisions published herein, and which are Pursuant to Section 1301.43(a) of Title of the Secretary of Labor are issued in contained in the Government Printing 21 of the Code of Federal Regulations accordance with applicable law and are Office (GPO) document entitled (CFR), this is notice that on March 27, based on the information obtained by ‘‘General Wage Determinations Issued 1996, Research Biochemicals, Limited the Department of Labor from its study Under The Davis-Bacon And Relate Partnership, Attn: Richard Milius, One of local wage conditions and data made Acts,’’ shall be the minimum paid by Strathmore Road, Natick, Massachusetts available from other sources. They contractors and subcontractors to 01760, made application to the Drug specify the basic hourly wage rates and laborers and mechanics. Enforcement Administration (DEA) for fringe benefits which are determined to Any person, organization, or registration as a bulk manufacturer of be prevailing for the described classes of governmental agency having an interest the basic classes of controlled laborers and mechanics employed on in the rates determined as prevailing is substances listed below: construction projects of a similar encourage to submit wage rate and 24516 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices fringe benefit information for AR960001 (MARCH 15, 1996) may be ordered for any or all of the six consideration by the Department. AR960003 (MARCH 15, 1996) separate volumes, arranged by State. Further information and self- AR960008 (MARCH 15, 1996) Subscriptions include an annual edition explanatory forms for the purpose of Iowa (issued in January or February) which IA960004 (MARCH 15, 1996) submitting this data may be obtained by Missouri includes all current general wage writing to the U.S. Department of Labor, MO960003 (MARCH 15, 1996) determinations for the States covered by Employment Standards Administration, MO960058 (MARCH 15, 1996) each volume. Throughout the remainder Wage and Hour Division, Division of MO960059 (MARCH 15, 1996) of the year, regular weekly updates are Wage Determinations, 200 Constitution MO960060 (MARCH 15, 1996) distributed to subscribers. MO960062 (MARCH 15, 1996) Avenue, N.W., Room S–3014, Signed at Washington, D.C. this 10th day MO960063 (MARCH 15, 1996) Washington, D.C. 20210. of May 1996. MO960064 (MARCH 15, 1996) Modifications to General Wage MO960065 (MARCH 15, 1996) Philip J. Gloss, Determination Decisions MO960066 (MARCH 15, 1996) Chief, Branch of Construction Wage MO960067 (MARCH 15, 1996) Determinations. [The number of decisions listed in the MO960068 (MARCH 15, 1996) [FR Doc. 96–12160 Filed 5–14–96; 8:45 am] Government Printing Office document MO960069 (MARCH 15, 1996) BILLING CODE 4510±27±M entitled ‘‘General Wage Determinations MO960070 (MARCH 15, 1996) Issued Under the Davis-Bacon and MO960071 (MARCH 15, 1996) Related Acts’’ being modified are listed MO960072 (MARCH 15, 1996) by Volume and State. Dates of MO960073 (MARCH 15, 1996) New Mexico OFFICE OF THE UNITED STATES publication in the Federal Register are TRADE REPRESENTATIVE in parentheses following the decisions NM960002 (MARCH 15, 1996) being modified.] Oklahoma OK960013 (MARCH 15, 1996) WTO Dispute Settlement Proceedings Volume I OK960014 (MARCH 15, 1996) Concerning U.S. Restrictions on Massachusetts OK960017 (MARCH 15, 1996) Woven Wool Shirts and Blouses From India MA960001 (MARCH 15, 1996) Volume VI MA960007 (MARCH 15, 1996) AGENCY: Office of the United States MA960008 (MARCH 15, 1996) Colorado MA960012 (MARCH 15, 1996) CO960016 (MARCH 15, 1996) Trade Representative. MA960017 (MARCH 15, 1996) Idaho ACTION: Notice; request for comments. MA960018 (MARCH 15, 1996) ID960001 (MARCH 15, 1996) MA960019 (MARCH 15, 1996) Oregon SUMMARY: Pursuant to section 127(b)(1) MA960021 (MARCH 15, 1996) OR960001 (MARCH 15, 1996) of the Uruguay Round Agreements Act New York OR960017 (MARCH 15, 1996) Washington (URAA) (19 U.S.C. 3537(b)(1)), the NY960007 (MARCH 15, 1996) Office of the United States Trade NY960008 (MARCH 15, 1996) WA960001 (MARCH 15, 1996) WA960026 (MARCH 15, 1996) Representative (USTR) is providing NY960012 (MARCH 15, 1996) notice that a dispute settlement panel NY960067 (MARCH 15, 1996) Wyoming WY960023 (MARCH 15, 1996) convened under the Agreement Volume II Establishing the World Trade General Wage Determination Organization (WTO) at the request of Maryland Publication MD960002 (MARCH 15, 1996) India will examine a U.S. transitional MD960015 (MARCH 15, 1996) General wage determinations issued safeguard restriction on woven wool MD960019 (MARCH 15, 1996) under the Davis-Bacon and related Acts, shirt and blouse imports from India MD960031 (MARCH 15, 1996) including those noted above, may be (category 440) applied pursuant to the MD960046 (MARCH 15, 1996) found in the Government Printing Office Uruguay Round Agreement on Textiles MD960055 (MARCH 15, 1996) (GOP) document entitled ‘‘General Wage and Clothing (ATC). USTR also invites Pennsylvania Determinations Issued Under the Davis- PA960007 (MARCH 15, 1996) written comments from the public PA960009 (MARCH 15, 1996) Bacon and Related Acts’’. This concerning the issues raised in the PA960012 (MARCH 15, 1996) publication is available at each of the 50 dispute. PA960019 (MARCH 15, 1996) Regional Government Depository DATES: Although USTR will accept any PA960020 (MARCH 15, 1996) Libraries and many of the 1,400 comments received during the course of PA960023 (MARCH 15, 1996) Government Depository Libraries across the dispute settlement proceedings, PA960028 (MARCH 15, 1996) the country. PA960033 (MARCH 15, 1996) comments should be submitted on or The general wage determinations before June 12, 1996 in order to be PA960041 (MARCH 15, 1996) issued under the Davis-Bacon and PA960051 (MARCH 15, 1996) assured of timely consideration by related Acts are available electronically USTR in preparing its first written PA960052 (MARCH 15, 1996) by subscription to the FedWorld PA960054 (MARCH 15, 1996) submission to the panel. Bulletin Board System of the National PA960062 (MARCH 15, 1996) ADDRESSES: Comments may be PA960063 (MARCH 15, 1996) Technical Information Service (NTIS) of the U.S. Department of Commerce at submitted to the Office of the General Volume III (703) 487–4630. Counsel, Attn: Wool Shirts and Blouses None Hard-copy subscriptions may be Dispute, Room 223, Office of the U.S. Trade Representative, 600 17th Street, Volume IV purchased from: Superintendent of Documents, U.S. Government Printing N.W., Washington, D.C. 20506. Indiana FOR FURTHER INFORMATION CONTACT: IN960001 (MARCH 15, 1996) Office, Washington, D.C. 20402, (202) IN960006 (MARCH 15, 1996) 512–1800. Alicia Greenidge, Special Counsel, at When ordering hard-copy (202) 395–3026 or Demetri Boutris, Volume V subscription(s), be sure to specify the Associate General Counsel, at (202) Arkansas State(s) of interest, since subscriptions 395–3150, Office of the U.S. Trade Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24517

Representative, 600 17th Street, N.W., Major Issues Raised by India and SECURITIES AND EXCHANGE Washington, DC 20508. Alleged Legal Basis of the Complaint COMMISSION SUPPLEMENTARY INFORMATION: At the India has alleged that the U.S. [Investment Company Act Rel. No. 21947; request of India, a WTO dispute safeguard restriction on woven shirts 812±9906; International Series Release No. 975] settlement panel will examine whether and blouses imported from India is the United States application of a inconsistent with Articles 6, 8 and 2 of Minorco S.A., Notice of Application transitional safeguard on U.S. imports of the ATC; that the U.S. restriction woven wool shirts and blouses from nullifies or impairs benefits accruing to May 9, 1996. India is consistent with U.S. obligations India under the Agreement Establishing AGENCY: Securities and Exchange under the ATC. Effective July 17, 1995, the WTO, GATT 1994 and under the Commission (‘‘SEC’’). the United States applied a restriction ATC in particular; and that the U.S. ACTION: Notice of Application for on imports of woven wool shirts and must withdraw the restraint. India also Exemption under the Investment blouses from India (category 440) at a requested supplementary findings from Company Act of 1940 (the ‘‘Act’’). level of 76,698 dozen (60 FR 35899). the panel that the U.S. has to choose at APPLICANT: The U.S. took this action because it the beginning of the process whether it Minorco S.A. determined that such imports were will claim existence of serious damage RELEVANT ACT SECTION: Order requested contributing to serious damage, or or actual threat because they are not under section 3(b)(2) of the Act or, actual threat thereof, to the U.S. interchangeable (asserting that if serious alternatively, under section 6(c) granting industry. The U.S. held consultations damage is not found there can be no an exemption from all provisions of the with India in April 1995 in accordance threat); and that the U.S. cannot impose Act. with Article 6.7 of the Uruguay Round a restraint with retrospective effective SUMMARY OF APPLICATION: Applicant Agreement on Textiles and Clothing because there is no provision in the seeks an order declaring that it is (ATC). Because no mutually satisfactory ATC addressing the matter. primarily engaged in a business other solution was reached, the U.S. applied than that of investing, reinvesting, a safeguard restriction in accordance Public Comment: Requirements for owning, holding or trading in securities with Article 6.10 of the ATC. Article Submissions or, alternatively, granting it an exemption from all provisions of the Act 6.10 provides that members taking Interested person are invited to unilateral action must do so within 30 and the rules and regulations submit written comments concerning thereunder. days after a 60 day consultation period, the issues raised in the dispute. The FILING DATE: The application was filed which did not result in agreement. Also provisions of 15 CFR § 2006.13 (a) and pursuant to Article 6.10 of the ATC, the on December 14, 1995, and amendment (c) (providing that comments received on May 7, 1996. WTO Textiles Monitoring Body (TMB) will be open to public inspection) and HEARING OR NOTIFICATION OF HEARING: An automatically reviewed the case. The 2006.15 will apply to comments TMB examined the matter on August order granting the application will be received. Comments must be in English issued unless the SEC orders a hearing. 28–September 1, 1995. After its and provided in fifteen copies. Pursuant examination of the case, the TMB Interested persons may request a to 15 CFR § 2006.15, confidential hearing by writing to the SEC’s determined that there was no serious business information must be clearly damage to U.S. industry. However, the Secretary and serving applicant with a marked ‘‘BUSINESS CONFIDENTIAL’’ copy of the request, personally or by TMB reached consensus that there was in a contrasting color ink at the top of actual threat of serious damage to the mail. Hearing requests should be each page. received by the SEC by 5:30 p.m. on U.S. industry and such threat was June 3, 1996, and should be properly attributed to imports from Pursuant to § 127(e) of the URAA, USTR will maintain a public file on this accompanied by proof of service on the India. On October 16, 1995, India applicant, in the form of an affidavit or, informed the TMB that it could not dispute settlement proceeding, which will include a list of comments for lawyers, a certificate of service. conform with the TMB’s Hearing requests should state the nature recommendation. The TMB received, in the USTR Reading Room: Room 101, Office of the United States of the writer’s interest, the reason for the subsequently issued a report on request, and the issues contested. December 8, 1995, affirming its original Trade Representative, 600 17th Street, N.W., Washington, DC 20508. An Persons who wish to be notified of a finding and noted that it could not make hearing may request such notification appointment to review the docket any additional recommendations by writing to the SEC’s Secretary. concerning the conclusions it reached (Docket WTO/D–5 ‘‘India-United States: U.S. Safeguard Restrictions on Woven ADDRESSES: Secretary, SEC, 450 Fifth earlier. On March 14, 1996, pursuant to Street, N.W., Washington, D.C. 20549. Article 8.10 of the ATC, India sent a Wool Shirts and Blouses’’) may be made by calling Brenda Webb, (202) 395– Applicant, c/o Minorco (U.S.A.) Inc., 30 letter to the Chairman of the WTO Rockerfeller Plaza, Suite 4212, New 6186. The USTR Reading Room is open Dispute Settlement Body requesting that York, New York, 10112. a panel review the matter. to the public from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through FOR FURTHER INFORMATION CONTACT: Members of the panel are currently Friday. Mary Kay Frech, Senior Attorney at being selected. The panel will meet with (202) 942–0579, or David M. the parties to the dispute twice at WTO Irving Williamson, Goldenberg, Branch Chief, at (202) 942– headquarters in Geneva, Switzerland to Deputy General Counsel. 0564 (Division of Investment examine the case. The panel is expected [FR Doc. 96–12121 Filed 5–14–96; 8:45 am] Management, Office of Investment to issue a report detailing its findings BILLING CODE 3190±01±M Company Regulation). and recommendations in six to nine SUPPLEMENTARY INFORMATION: The months from the date the panel is following is a summary of the established. application. The complete application 24518 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices may be obtained for a fee from the SEC’s among Group companies, and maintains joint venture interest. The Group is the Public Reference Branch. a corporate finance department to manager of the joint venture. provide financial analytical services to 8. Applicant’s gold, base metals, and Applicant’s Representations Group companies. industrial minerals operations in South 1. Applicant, a Luxembourg 4. Applicant conducts its operations America are conducted through AMSA, corporation, is a foreign private issuer in the United States through Minorco a South American mining business whose ordinary shares are listed on the USA and Taurus. Minorco USA wholly- whose administration is centered in Luxembourg, London, Johannesburg, owns Independence Mining Company Brazil. AMSA owns and operates, either and Paris stock exchanges. Applicant Inc. (‘‘IMC’’), which operates various directly or in associations with local has a market capitalization of over $6 mines and processing facilities directly partners, a range of resource companies, billion and reported net earnings of and indirectly through its wholly- and is developing projects in Argentina, $365 million for calendar year 1995. owned subsidiary Pikes Peak Mining Brazil, Chile, Peru, and Venezuela. Applicant, together with its Company. IMC and its subsidiaries also 9. In Brazil, the operations of the consolidated subsidiaries (the ‘‘Group’’), conduct the Group’s exploration Group are conducted through AMBRAS has over 20,000 employees worldwide programs in the United States and Participac¸o˜es Ltda. (‘‘AMBRAS’’), a and is active in international natural Mexico. Minorco USA and Taurus own wholly-owned subsidiary of AMSA, in resources with operations across a broad 52.4% of Terra Industries Inc., a association with Cia. Bozano Simonsen geographic and commodities spectrum. marketer of fertilizer and other Comercio e Industria and its The Group operates five business agricultural products, and a producer of subsidiaries (the ‘‘Bozano Simonsen segments: gold, base metals, industrial nitrogen products and methanol. Group’’). The operations consist of a minerals, paper and packaging, and 5. Through Taurus, applicant also gold mining complex, several base metal agribusiness. owns 32% of Engelhard Corporation producers, and, in the industrial 2. Applicant is the successor to a line (‘‘Engelhard’’), a provider of specialty minerals sector, an integrated of companies that have been in chemical products, engineered petrochemical plant and phosphate existence since 1928 and that had their materials, and precious metal mining operation. The vehicle for the origin in the operation of copper mines. management services. Applicant is the association in Brazil between the Group In 1987, the Group relocated its largest shareholder of Engelhard’s and the Bozano Simonsen Group is headquarters to Luxembourg and voting securities, with the next largest MMV Participa¸co˜es Minerais reorganized into a structure where shareholder holding less than 7%. (‘‘MMVPM’’). The Bozano Simonsen applicant became the parent company of Applicant’s directors hold four out of Group owns an indirect minority the Group. At that time, applicant held the ten seats on the board of directors interest in MMVPM and acts in within the Group significant interests in of Engelhard and serve on several of its conjunction with the Group in a joint operating companies involved in natural key board committees. Applicant states venture so that the Group and the resources businesses. Applicant that its control position with respect to Bozano Simonsen Group jointly control subsequently has focused on operating Engelhard has allowed it to actively companies within the MMVPM group in as a natural resources company by participate in the selection of which the Group’s shareholdings are expanding its activities into the Engelhard’s chief executive officer, and non-voting. Joint control is established ownership and operation of, and direct to regularly provide its views on by an arrangement under which 50% of participation in, resource-based assets, strategic, policy, and management MMVPM’s board of directors is and deemphasizing passive issues. composed by the Group’s investments. Since 1989, this strategy 6. Applicant’s European operations representatives, and decisions of the has resulted in approximately $5.1 include the United Kingdom’s only board require the favorable vote of a billion being spent on acquisitions and potash mine, as well as wholly-owned majority of directors. All officer other investments in operations subsidiaries in Germany, Spain, and the positions of the operating companies (including capital expenditures on United Kingdom that produce within the MMVPM group are occupied expansion of existing operations), and aggregates, burnt lime products, and by the Group’s representatives, so that the disposition of approximately $1.9 ready-mixed concrete. The Group the Group ultimately is responsible for billion of non-controlling interests. All continues to look for growth in its the management and conduct of the of the acquisitions made by applicant European industrial minerals segment operations. The arrangements confer since 1989 have been of controlling by acquisition. In 1995, the Group upon applicant, through its majority- positions, or complete ownership, of acquired a 100% interest in a German owned subsidiaries, the ability to operating companies, with the sand and gravel operation and a 100% manage and control its natural resources exception of two small strategic interest in Tilcon Holdings Limited, the business in Brazil. investments made in connection with United Kingdom’s seventh largest 10. Applicant holds its interests in larger transactions. producer of aggregates. Applicant’s Brazil through AMBRAS and through its 3. Applicant’s natural resources paper and packaging business is held association with the Bozano Simonsen business is operated worldwide through indirectly by Taurus and operated Group in order to reduce the impact of three major wholly-owned holding through Mondi European Holdings BV, restrictions (which are no longer in companies: Minorco (U.S.A.) Inc. incorporated in the Netherlands, and effect) upon remittance of capital and (‘‘Minorco USA’’), AMSA Limited Mondi Paper (U.K.). The Group assumes dividends, to obtain favorable tax (‘‘AMSA’’), and Taurus Investments management functions and provides treatment with respect to the Group’s S.A. (‘‘Taurus’’). Applicant, either operational advice to its subsidiaries in activities outside Brazil, and to directly or through its wholly-owned this segment, and participates in all accommodate the joint venture activities subsidiaries, provides technical important strategic decisions. of applicant’s majority-owned services, including experts in 7. The Group has a 50% joint venture subsidiaries. engineering, metallurgy, and geology, to interest in the Lisheen Joint Venture, 11. In Chile, AMSA holds a 74.9% its operating subsidiaries, maintains a which owns a zinc/lead deposit in interest in Empresa Minera de Mantos human resources department to Ireland, and also owns 24.5% of Ivernia Blancos S.A. (‘‘Mantos Blancos’’), the coordinate compensation and benefits West PLC, the owner of the other 50% only Chilean copper producer listed on Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24519 the Santiago stock exchange. Mantos it is primarily engaged in a business or 5. In determining whether a company Blancos owns and operates copper businesses other than that of investing, is ‘‘primarily engaged’’ in a non- mines and also owns controlling reinvesting, owning, holding, or trading investment company business under interests in important gold deposits in in securities, and therefore, is not an section 3(b)(2), the Commission Chile. Applicant, through its majority- investment company as defined in the considers the following factors: (a) the owned subsidiaries, appoints the Act, or in the alternative, an order under issuer’s historical development; (b) its majority of the board members of these section 6(c) of the Act exempting it from public representations of policy; (c) the mining operations and exercises all provisions of the Act. activities of its officers and directors; (d) exclusive management over their 2. Under section 3(a)(3), an issuer is the nature of its present assets; and (e) operations. The Group also currently an investment company if it ‘‘is engaged the sources of its present income.1 holds a 50% interest in the Collahuasi or proposes to engage in the business of a. Historical Development. Applicant copper project in Chile, a joint venture investing, reinvesting, owning, holding, is the successor to a line of companies operation with Falconbridge Limited, or trading in securities, and owns or that have been in existence since 1928 which is expected to be one of the proposes to acquire investment and that had their origin in the largest copper mines in the world. The securities having a value exceeding 40 operation of copper mines. Although Group jointly controls the management per centum of the value of such issuer’s applicant contends it always has of the operations of the venture, and has total assets (exclusive of Government maintained significant influence over its three seats on the six member board. securities and cash items) on an natural resources operating companies, 12. In addition to the operations unconsolidated basis.’’ Section 3(a) applicant has not always held itself out described above, various projects are in defines ‘‘investment securities’’ to as a holding company exercising direct the course of development in South include all securities except control over the operating businesses of America. These include a gold and Government securities, securities issued the Group. Applicant states that the silver project in Argentina for which the by employees’ securities companies, process of becoming a ‘‘hands on’’ Group is contributing substantial and securities issued by majority-owned operating group began in 1987 with the management of the project during subsidiaries of the owner which are not relocation of applicant’s headquarters to production, and a nickel mining project investment companies. Luxembourg, a reorientation of its asset in Venezuela in which the Group has an 3. Applicant states that it is not holdings into the ownership and 85% equity interest and will exercise primarily engaged in the business of operation of, and direct participation in, full control over the project. Applicant investing, reinvesting, or trading in resource-based assets, and the also holds indirectly, through wholly- securities. Certain of applicant’s disposition of non-controlling passive owned subsidiaries and joint ventures, businesses, however, are conducted investments. At that time, applicant minority interests in certain companies through a controlled company, and a articulated a strategy to focus on direct and projects that are of strategic significant portion of the Group’s assets participation in operating businesses, importance to the operating business of currently consist of highly liquid and, since 1989, has made a series of the Group. investment grade securities pending use acquisitions of controlling interests in 13. Applicant states that the Group’s in operations and for acquisitions. Thus, natural resources companies with the hands-on involvement is consistent approximately 30% of applicant’s total result that applicant believes it now has with the background, training, assets are held in investment securities established itself as an operating group. experience, and expertise of applicant’s within the meaning of section 3(a)(3). If Applicant asserts that the Group today officers and directors in the various applicant’s South American joint exercises primary or joint control over natural resources and related sectors. venture interests were characterized as virtually all of its constituent Applicant believes that the various joint securities, however, applicant might be companies, either through direct voting ventures in which the Group has deemed to own investment securities control, management agreements, or interests are characterized by the equal to approximately 52% of the value cross directorships. Group’s economic influence and its of its assets on an unconsolidated basis. b. Public Representations of Policy. management of the operations. Applicant, therefore, may be deemed an Applicant states that it does not hold Applicant asserts that the Group’s investment company within the itself out as an investment company complex holding company structure meaning of section 3(a)(3). within the meaning of the Act, and has reflects, among other things, the manner 4. Section 3(b)(2) provides that never been a registered investment in which natural resources companies notwithstanding section 3(a)(3), the company (or subject to any analogous tend to spread risk, as well as the laws Commission may issue an order regulatory scheme). Applicant further and business customs of many of the declaring an issuer to be primarily states that it consistently represents countries where the Group carries on its engaged in a business or businesses itself to its shareholders and the public businesses. To the extent that applicant other than that of investing, reinvesting, as an international natural resources has minority voting interests in owning, holding, or trading in securities group. This is supported by, among intervening holding companies, those either directly, through majority-owned other things, statements in its annual minority interests are in closely held subsidiaries, or through controlled reports, news articles, and analyst companies where the majority interest is companies conducting similar types of reports. Applicant’s 1995 annual report, owned by applicant’s joint venture businesses. Applicant believes that it for example, discusses its operations partner in order to comply with former meets the requirements of section and projects, and states that applicant is restrictions on foreign investment in 3(b)(2) exempting it from the definition continuing to expand in its five Brazil. This structure, however, poses of an investment company because it operating business segments: gold, base the issue of whether applicant would be primarily engaged, through its wholly- metals, industrial minerals, paper and considered an investment company owned or majority-owned subsidiaries, packaging, and agribusiness. within the meaning of the Act. or through companies which it c. Activities of Officers and Directors. primarily controls, in the business of a Applicant states that its management, Applicant’s Legal Analysis natural resources group focused on gold, 1. Applicant seeks an order under base metals, industrial minerals, paper 1 Tonopah Mining Company of Nevada, 26 S.E.C. section 3(b)(2) of the Act declaring that and packaging, and agribusiness. 426, 427 (1947). 24520 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices on the whole, spends substantially all of is ‘‘consistent with the protection of I. Self-Regulatory Organization’s its time actively involved in the natural investors and the purposes fairly Statement of the Terms of Substance of resources business of the Group. Of intended by the policy and provisions of the Proposed Rule Change applicant’s twenty-two directors, only [the Act].’’ Applicant states that it was The Amex proposes to amend one director, who serves as applicant’s structured for valid economic and legal Exchange Rules 904, 905, 904C, and Finance Director, spends any reasons and not with the Act in mind. 906G to provide for an exemption from meaningful amount of his time Consequently, applicant believed that it standardized equity and index and (approximately 5%) monitoring the would be inappropriate and detrimental Flexible Exchange option position and Group’s securities holdings and cash to applicant and its shareholders to be exercise limits for member firms seeking management activities, and that time is treated as an investment company and to facilitate customer orders. spent mostly on administrative and made subject to the Act. Furthermore, supervisory matters. Applicant’s five applicant believes that it is not the type II. Self-Regulatory Organization’s executive directors have been with the of company and does not engaged in the Statement of the Purpose of, and Group for a significant amount of time activities the Act was designed to Statutory Basis for, the Proposed Rule and have substantial experience in regulate. Accordingly, applicant submits Change applicant’s natural resources operations. that the requested exemption is In its filing with the Commission, the Of applicant’s thirteen principal necessary and appropriate in the public Amex included statements concerning officers, only the Treasurer spends any interest, is consistent with the the purpose of and basis for the time (approximately 60%) on cash protection of investors, and is consistent proposed rule change and discussed any management.2 Applicant is represented with the purposes of the Act. comments it received on the proposed by its directors and officers on many of For the Commission, by the Division of rule change. The text of these statements the boards of directors of its subsidiaries Investment Management, under delegated may be examined at the places specified and its controlled company. In many of authority. in Item IV below. The Amex has those companies, applicant’s directors Margaret H. McFarland, prepared summaries, set forth in and officers play a leading role in Deputy Secretary. Sections A, B, and C below, of the most management’s strategic decision making significant aspects of such statements. or in other essential operational [FR Doc. 96–12128 Filed 5–14–96; 8:45 am] functions. BILLING CODE 8010±01±M A. Self-Regulatory Organization’s d. Nature of Assets. As of December Statement of the Purpose of, and 31, 1995, applicant had total assets of Statutory Basis for, the Proposed Rule $5,162 million.3 For purpose of analysis [Release No. 34±37179; File No. SR±Amex± Change 96±11] under section 3(b)(2), 63% of 1. Purpose applicant’s total assets were operating Self-Regulatory Organizations; Notice The Amex is proposing to establish a assets attributed to its majority-owned of Filing and Immediate Effectiveness subsidiaries (including wholly-owned firm facilitation exemption 4 for all non- of Proposed Rule Change and multiply-listed Exchange option classes. subsidiaries), its controlled company, Amendment No. 1 to Proposed Rule Engelhard, and applicant’s interests in This exemption would be available to Change by the American Stock the Exchange’s standardized equity and its joint ventures. Exchange, Inc., To Establish a Firm e. Sources of Income. As of December index and Flexible Exchange option Facilitation Exemption 31, 1995, applicant derived classes. In addition, the firm facilitation approximately 66% of its income from May 8, 1996. exemption will be twice the standard its operating businesses and Pursuant to Section 19(b)(1) of the limit. Under the proposal, the procedures approximately 34% from its investment Securities Exchange Act of 1934 set forth in Exchange Rule 950(d) activities. With respect to income (‘‘Act’’)1 and Rule 19b–4 thereunder,2 Commentary .02 for crossing a customer earned by the Group’s operations, notice is hereby given that on April 9, order with a firm facilitation order must applicant’s majority-owned subsidiaries 1996, the American Stock Exchange, be followed. In this regard, before a (including wholly-owned subsidiaries) Inc. (‘‘Amex’’ or ‘‘Exchange’’) filed with customer order can be crossed with a accounted for approximately 26% of its the Securities and Exchange firm facilitation order, the trading crowd income, Engelhard accounted for Commission (‘‘Commission’’) the must be given a reasonable opportunity approximately 12% of its income, and proposed rule change as described in to participate. Moreover, only after it its joint venture interests accounted for Items I, II, and III below, which Items has been determined that the trading approximately 28% of its income. have been prepared by the self- crowd will not fill the order, may the 6. In the alternative to exemptive regulatory organization. The firm’s customer order be crossed with relief under section 3(b)(2), applicant Commission is publishing this notice to the firm’s facilitation order. requests an order under section 6(c) solicit comments on the proposed rule exempting applicant from all provisions The Amex notes that the firm change from interested persons.3 of the Act and the rules and regulations facilitation exemption will be in addition to and separate from the thereunder. Section 6(c) authorizes the 1 15 U.S.C. 78s(b)(1). Commission to issue a conditional or 2 17 CFR 240.19b–4 (1994). standard limit, as well as other unconditional exemption from any 3 On May 2, 1996, the Amex filed Amendment exemptions available under the provision of the Act or rule thereunder No. 1 to the proposed rule change to include within Exchange’s position limit rules. For if the exemption is ‘‘necessary or the rule text the requirement that if the Exchange example, if a firm desires to facilitate appropriate in the public interest’’ and grants a facilitation exemption on the basis of oral customer orders in the XYZ option representations, the member organization must file the appropriate forms and documentation 2 Approximately 40% of applicant’s cash substantiating the basis for the exemption within Derivatives Regulation, Division of Market management activities are conducted through either two business days or a period of time to be Regulation, Commission, dated May 2, 1996. outside managers on a fully discretionary basis. designated by the Exchange (‘‘Amendment No. 1’’). 4 The Commission notes that a facilitation trade 3 The methods used in the valuation of See Letter from Claire P. McGrath, Managing is defined as a transaction that involves crossing an applicant’s assets were in accordance with section Director and Special Counsel, Derivative Securities, order of a member firm’s public customer with an 2(a)(41) under the Act. Amex, to Michael Walinskas, Branch Chief, order for the member firm’s proprietary account. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24521 class, which is assumed not to be 2. Statutory Basis submission, all subsequent multiply-listed and also assumed to The Exchange believes that the amendments, all written statements have a 25,000 contract standard position proposed rule change is consistent with with respect to the proposed rule limit, the firm may qualify for a firm Section 6(b) of the Act in general and change that are filed with the facilitation exemption of up to twice the furthers the objectives of Section 6(b)(5) Commission, and all written standard limit (50,000 contracts), as in particular in that it is designed to communications relating to the well as an equity hedge exemption of up prevent fraudulent and manipulative proposed rule change between the to twice the standard limit (50,000 acts and practices, to promote just and Commission and any person, other than contracts), in addition to the 25,000 equitable principles of trade, and is not those that may be withheld from the contract standard limit. If both designed to permit unfair public in accordance with the exemptions are allowed, the facilitation discrimination between customers, provisions of 5 U.S.C. § 552, will be firm may hold or control a combined issuers, brokers, and dealers. available for inspection and copying at position of up to 125,000 XYZ contracts the Commission’s Public Reference on the same-side of the market. B. Self-Regulatory Organization’s Section, 450 Fifth Street, NW, Initially, the Exchange intends to Statement on Burden on Competition Washington, DC 20549. Copies of such provide the facilitation exemption to The Exchange does not believe the filing will also be available for member firms only for positions in proposed rule change will impose any inspection and copying at the principal equity options that are solely listed on inappropriate burden on competition. office of the Amex. All submissions the Exchange and not for multiply-listed should refer to File No SR–Amex–96–11 C. Self-Regulatory Organization’s equity options. The reason for this and should be submitted by June 5, Statement on Comments on the temporary limitation is to allow the 1996. options exchanges, working through the Proposed Rule Change Received From Intermarket Surveillance Group (‘‘ISG’’), Members, Participants, or Others For the Commission, by the Division of to develop uniform procedures to assure The Exchange has neither solicited Market Regulation, pursuant to delegated authority.5 that all market participants at each nor received written comments with exchange are given an opportunity to respect to the proposed rule change. Margaret H. McFarland, participate in an order before a member Deputy Secretary. III. Date of Effectiveness of the firm is given an exemption from the [FR Doc. 96–12174 Filed 5–14–96; 8:45 am] Proposed Rule Change and Timing for position limit rules. BILLING CODE 8010±01±M Under the proposal, member firms Commission Action must receive approval from the Because the foregoing proposed rule Exchange prior to executing the change: (1) does not significantly affect [Release No. 34±37186; File No. SR±PSE± facilitating order which would result in the protection of investors or the public 96±12] the firm exceeding position limits. interest; (2) does not impose any Although permission may be obtained significant burden on competition; (3) Self-Regulatory Organizations; Notice based on oral representations, the was provided to the Commission for its of Filing of Proposed Rule Change by facilitation firm is required to furnish to review at least five business days prior the Pacific Stock Exchange, Inc. the Exchange, within two business days to the filing date; and (4) does not Relating to Financial Arrangements of or such other time period designated by become operative for 30 days from April Market Makers the Exchange, forms and documentation 9, 1996, the date on which it was filed, substantiating the basis for the the proposed rule change has become May 9, 1996. exemption. Further, to remain qualified effective pursuant to Section 19(b)(3)(A) Pursuant to Section 19(b)(1) of the for the exemption, the member firm of the Act and Rule 19b–4(e)(6) Securities Exchange Act of 1934 must, within five business days after the thereunder. In particular, the (‘‘Act’’),1 notice is hereby given that on execution of the exempted order, hedge Commission believes that the proposal April 5, 1996, the Pacific Stock all exempt option positions that have qualifies as a ‘‘noncontroversial filing’’ Exchange Incorporated (‘‘PSE’’ or not previously been liquidated, and in that the proposed amendments do not ‘‘Exchange’’) filed with the Securities furnish to the Exchange documentation significantly affect the protection of and Exchange Commission reflecting the resulting hedging position. investors or the public interest and do (‘‘Commission’’) the proposed rule In meeting this requirement, the not impose any significant burden on change as described in Items I, II, and facilitation firm must liquidate and competiton. At any time within 60 days III below, which Items have been establish its customer’s and its own of the filing of the proposed rule change, prepared by the self-regulatory option and stock positions or their the Commission may summarily organization. The Commission is equivalent in an orderly fashion, and abrogate such rule change if it appears publishing this notice to solicit not in a manner calculated to cause to the Commission that such action is comments on the proposed rule change unreasonable price fluctuations or necessary or appropriate for the public from interested Persons. unwarranted price changes. In addition, interest, for the protection of investors, a facilitation firm is not permitted to use or otherwise in furtherance of the I. Self-Regulatory Organization’s the facilitation exemption for the purposes of the Act. Statement of the Terms of Substance of purpose of engaging in index arbitrage. the Proposed Rule Change Moreover, the facilitation firm is IV. Solicitation of Comments required to promptly provide to the Interested persons are invited to The PSE proposes to amend its rules Exchange any information or documents submit written data, views, and on the trading restrictions that apply to requested concerning the exempted arguments concerning the foregoing. Options Floor Members with ‘‘financial option positions and the positions Persons making written submissions arrangements’’ as defined in PSE Rule hedging them, as well as to promptly should file six copies thereof with the 6.40. notify the Exchange of any material Secretary, Securities and Exchange change in the exempted option Commission, 450 Fifth Street, NW, 5 17 CFR 200.30–3(a)(12) (1994). positions or the hedge. Washington, DC 20549. Copies of the 1 15 U.S.C. 78s(b)(1) (1988). 24522 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

II. Self-Regulatory Organization’s source, the amount financed is $5,000 or crowd or same series as long as they are Statement of the Purpose of, and more, and the Member providing the not receiving trading profits from each Statutory Basis for, the Proposed Rule financing is entitled to a share of each other and are not trading for the same Change of the other Members’ trading profits. joint account. This however, allow for In its filing with the Commission, the The proposal states that Members with certain situations where the spirit (i.e., ‘‘financial arrangements,’’ as defined, to prevent one source from dominating self-regulatory organization included may not bid, offer and/or trade in the the market in a particular option issue statements concerning the purpose of same trading crowd at the same time in or dominating a particular trading and basis for the proposed rule change the absence of an exemption from the crowd), but not the letter, of Rule 6.40 and discussed any comments it received OFTC. might be violated. The Exchange on the proposed rule change. The text The proposal further provides for both believes that the proposed rule would of these statements may be examined at long-term and short-term exemptions better assure that such situations do not the places specified in Item IV below. that can be provided by the OFTC or occur and that competition will The self-regulatory organization has two Floor Officials, respectively. continue to be maintained in each prepared summaries, set forth in Proposed Rule 6.40(b)(4) states, more trading crowd.3 Sections (A), (B), and (C) below, of the specifically, that the OFTC may grant The Exchange also proposed to most significant aspects of such long-term exemptions to Members on a remove a provision in the current rule statements. case-by-case basis if it determines that a that states that the primary appointment (A) Self-Regulatory Organization’s fair and orderly market would not be of a market maker may not include Statement of the Purpose of, and impaired by allowing such Members trading posts that constitute the primary Statutory Basis for, the Proposed Rule with financial arrangements to trade in appointment of any market maker with Change the same trading crowd at the same whom the first market maker has an time. It further states that in making existing financial arrangement.4 The PSE Rule 6.40(a) currently provides such determinations, the Committee Exchange believes that that rule is that two Members have a ‘‘financial shall consider the following factors; (1) superfluous in light of the trading arrangement’’ with each other for The nature of the financial arrangement; restrictions set forth in Rule 6.40. purposes of Rule 6.40 if: (1) one Member (2) the degree of independence to be Moreover, the Exchange believes that directly finances the other Member’s maintained by the applicants in making Members trading for joint accounts dealings on the Exchange and has a trading decisions; (3) the impact on should be permitted to establish beneficial interest in the other Member’s competition in the trading crowd if an overlapping primary appointment zones trading account such that the first exemption were granted; (4) the to allow for coverage on the floor when Member is entitled to at least 10% of the applicants’ prior patterns of trading if members who trade for those accounts second Member’s trading profits; or (2) they have traded previously in the same are temporarily absent from the floor. In both Members are trading for the same trading crowd at the same time; and (5) this regard, the Exchange notes that the joint account. Rule 6.40(b) provides that any other information relevant to Commission recently approved a PSE two Members with a financial whether the applicants would tend rule change to increase from two to six arrangement may not bid, offer and/or collectively to dominate the market in a the maximum number of trading posts trade in the same trading crowd without particular trading crowd or a particular that may be included within a market a written exemption from two floor option series. The proposal further marker’s primary appointment zone.5 officials.2 Commentary .06 sets forth the states that the Committee may revoke Finally, the PSE proposes to add circumstances under which the Options any long-term exemption granted violations of Rule 6.40(b) to the Floor Trading Committee (‘‘OFTC’’) pursuant to this subsection if it Exchange’s Minor Rule Plan 6 with ordinarily may grant an exemption to determines that a fair and orderly recommended fines of $500, $1,000 and those trading restrictions, i.e., to provide market otherwise would be impaired by $1,500 for first-, second- and third-time liquidity in the trading crowd. a continuation of the exemption. The violations, respectively. The Exchange The Exchange proposes to redefine Exchange believes that the proposed believes that violations of Rule 6.40(b) the term ‘‘financial arrangements’’ for criteria to be used by the OFTC in are easily ascertainable and easily purposes of Rule 6.40, so that two granting long-term exemptions will verifiable, and, therefore, are Members have a financial arrangement provide for even-handed treatment of appropriate for inclusion in the Minor with each other if: (1) One Member Members who apply for a long-term Rule Plan. directly finances the other Member’s exemption. With respect to short-term The Exchange believes that the dealings on the Exchange, the amount exemptions, the proposal states that two proposal is consistent with Section 6(b) financed is $5,000 or more, and the Floor Officials may grant short-term of the Act, in general, and Section Member providing the financing is exemptions to Members on a case-by- 6(b)(5), in particular, in that it is entitled to a share of the other Member’s case basis if such Floor Officials designed to promote just and equitable trading profits; or (2) both Members are determine that a fair and orderly market principles of trade, and to protect registered with the Exchange as would not be impaired and that the investors and the public interest. nominees of the same Member need for liquidity in the trading crowd Organization; or (3) both Members are warrants such action. 3 Current Commentary .04 to Rule 6.40 attempts registered with the Exchange to trade on The Exchange believes that the to address the problem of market domination by proposed definition improves upon the multiple traders with ‘‘indirect’’ financial behalf of the same joint account; or (4) arrangements by expressly prohibiting unfair both Members’ dealings on the current definition by expanding, to an domination of markets. In this regard, the Exchange Exchange are financed by the same appropriate extent, the scope of persons believes that the proposed rule improves upon the who are covered by its terms. current rule by relying more on the nature of the 2 Under PSE Rule 6.40, Commentary .05, two or Specifically, the current rule allows two financial arrangement and less on patterns of trading. more Lead Market Makers (‘‘LMMs’’) who are or more Members who are backed trading on behalf of the same Member organization 4 See PSE Rule 6.35, Commentary .05. may not trade in the same option series at the same financially by the same source (i.e., 5 See Exchange Act Release No. 36370 (October time, but may trade in the same trading crowd at Members with ‘‘indirect’’ financial 13, 1995), 60 FR 54273. the same time. arrangements), to trade in the same 6 PSE Rule 10.13. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24523

(B) Self-Regulatory Organization’s For the Commission, by the Division of rule change and discussed any Statement on Burden on Competition Market Regulation, pursuant to delegated comments it received on the proposed authority.7 The Exchange does not believe that rule change. The text of these statements Margaret H. McFarland, the proposed rule change will impose may be examined at the places specified any burden on competition that is not Deputy Secretary. in Item III below. The PSE has prepared necessary or appropriate in furtherance [FR Doc. 96–12172 Filed 5–14–96; 8:45 am] summaries, set forth in Sections A, B, of the purposes of the Act. BILLING CODE 8010±01±M and C below, of the most significant aspects of such statements. (C) Self-Regulatory Organization’s Statement on Comments on the [Release No. 34±37178; File No. SR±PSE± A. Self-Regulatory Organization’s Proposed Rule Change Received from 96±10] Statement of the Purpose of, and Members, Participants, or Others Statutory Basis for, the Proposed Rule Self-Regulatory Organizations; Notice Change Written comments on the proposed of Filing and Order Granting rule change were neither solicited nor Accelerated Approval of Proposed 1. Purpose received. Rule Change by the Pacific Stock The PSE is proposing to establish a III. Date of Effectiveness of the Exchange, Inc., To Establish a Firm firm facilitation exemption 4 for all non- Proposed Rule Change and Timing for Facilitation Exemption multiply-listed Exchange option issues Commission Action May 8, 1996. by adding new Commentary .08 to Within 35 days of the date of Pursuant to Section 19(b)(1) of the Exchange Rule 6.8, the general options 5 publication of this notice in the Federal Securities Exchange Act of 1934 position limit rule. The exemption Register or within such longer period (i) (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 would be available to equity, broad- as the Commission may designate up to notice is hereby given that on April 4, based index, narrow-based index, 90 days of such date if it finds such 1996, the Pacific Stock Exchange, Inc. Flexible Exchange (‘‘FLEX’’), interest longer period to be appropriate and (‘‘PSE’’ or ‘‘Exchange’’) filed with the rate, and government securities option publishes its reasons for so finding or Securities and Exchange Commission issues to the extent and at the levels (ii) as to which the self-regulatory (‘‘Commission’’) the proposed rule specified therein. organization consents, the Commission change as described in Items I and II Under the proposal, the procedures in will: below, which Items have been prepared Exchange Rule 6.47(b) and Options (a) By order approve such proposed by the self-regulatory organization. The Floor Procedure Advice A–6 for rule change, or PSE subsequently filed Amendment No. crossing a customer order with a firm (b) Institute proceedings to determine 1 to the proposed rule change on May facilitation order must be followed. In whether the proposed rule change 2, 1996.3 The PSE has requested this regard, before a customer order can should be disapproved. accelerated approval for the proposal. be crossed with a firm facilitation order, the trading crowd must be given a IV. Solicitation of Comments This order approves the PSE’s proposal, as amended, on an accelerated basis and reasonable opportunity to participate. Interested persons are invited to solicits comments from interested Moreover, only after it has been submit written data, views and persons. determined that the trading crowd will arguments concerning the foregoing. not fill the order, may the firm’s Persons making written submissions I. Self-Regulatory Organization’s customer order be crossed with the should file six copies thereof with the Statement of the Terms of Substance of firm’s facilitation order. Secretary, Securities and Exchange the Proposed Rule Change In addition, except for an interest rate Commission, 450 Fifth Street, N.W., The PSE is proposing to amend its firm facilitation exemption, which is set Washington, D.C. 20549. Copies of the rules on option position limits in order at a higher level, the firm facilitation submission, all subsequent to establish a firm facilitation exemption exemption will be twice the standard amendments, all written statements to such limits. limit. with respect to the proposed rule The PSE notes that the firm change that are filed with the II. Self-Regulatory Organization’s Statement of the Purpose of, and facilitation exemption will be in Commission, and all written addition to and separate from the communications relating to the Statutory Basis for, the Proposed Rule Change standard limit, as well as other proposed rule change between the exemptions available under Exchange Commission and any person, other than In its filing with the Commission, the position limit rules. For example, if a those that may be withheld from the PSE included statements concerning the firm desires to facilitate customer orders public in accordance with the purpose of and basis for the proposed in the XYZ option issue, which is provisions of 5 U.S.C. 552, will be assumed not to be multiply-listed and available for inspection and copying in 7 17 CFR 200.30–3(a)(12). also assumed to have a 25,000 contract 1 the Commission’s Public Reference 15 U.S.C. 78s(b)(1) (1988). standard position limit, the firm may 2 17 CFR 240.19b–4 (1994). Section, 450 Fifth Street, N.W., qualify for a firm facilitation exemption Washington, D.C. Copies of such filing 3 On May 2, 1996, the PSE filed Amendment No. 1 to the proposed rule change to include within the of up to twice the standard limit (50,000 will also be available for inspection and rule text the requirement that if the Exchange grants contracts), as well as an equity hedge copying at the principal office of the a facilitation exemption on the basis of oral exemption of up to twice the standard above-mentioned self-regulatory representations, the member organization must file limit (50,000 contracts), in addition to organization. All submissions should the appropriate forms and documentation substantiating the basis for the exemption within refer to File No. SR–PSE–96–12 and either two businesses days or a period of time to 4 The Commission notes that a facilitation trade should be submitted by June 5, 1996. be designated by the Exchange (‘‘Amendment No. is defined as a transaction that involves crossing an 1’’). See Letter from Michael D. Pierson, Senior order of a member firm’s public customer with an Attorney, Market Regulation, PSE, to Matthew S. order for the member firm’s proprietary account. Morris, Attorney, Office of Market Supervision, 5 The PSE’s exercise limit provisions will Division of Market Regulation, Commission, dated correspond to the increase in position limit levels May 2, 1996. permitted by the firm facilitation exemption. 24524 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices the 25,000 contract standard limit. If securities while continuing to further without substantially increasing both exemptions are allowed, the investor protection and the public concerns regarding the potential for facilitation firm may hold or control a interest, and will accommodate the manipulation and other trading abuses. combined position of up to 125,000 needs of investors and other market The Commission also believes that the XYZ contracts on the same-side of the participants without substantially proposed rule change has the potential market. increasing concerns regarding to enhance the depth and liquidity of The PSE notes, however, that the firm manipulation and other trading abuses. the options market by providing facilitation exemption will not presently Exchange members greater flexibility in extend to all option issues listed on the B. Self-Regulatory Organization’s executing large customer orders. Exchange. Rather, until coordinated Statement on Burden on Competition Accordingly, as discussed below, the intermarket procedures are developed, The PSE does not believe that the Commission believes that the rule the exemption will be extended only to proposed rule change will impose any proposal is consistent with the non-multiply-listed option issues.6 inappropriate burden on competition. requirements of Section 6(b)(5) that Under the proposal, the facilitation C. Self-Regulatory Organization’s exchange rules facilitate transactions in firm must receive approval from the Statement on Comments on the securities while continuing to further Exchange prior to executing facilitating Proposed Rule Change Received From investor protection and the public interest. trades. Although Exchange approval Members, Participants, or Others may be granted on the basis of verbal The PSE proposal contains several representations, the facilitation firm is Comments were neither solicited nor safeguards that will serve to minimize required to furnish to the Exchange’s received with respect to the proposed any potential disruption or Department of Options Surveillance, rule change. manipulation concerns. First, the within two business days or such other III. Solicitation of Comments facilitation firm must receive approval time period designated by the Exchange, from the Exchange prior to executing forms and documentation substantiating Interested persons are invited to facilitating trades. Although Exchange the basis for the exemption. Within five submit written data, views, and approval may be granted on the basis of business days after the execution of a arguments concerning the foregoing. verbal representations, the Commission facilitation exemption order, a Persons making written submissions believes that trading abuses are unlikely facilitation firm must hedge all exempt should file six copies thereof with the because the facilitation firm is required option positions that have not Secretary, Securities and Exchange to furnish to the Exchange’s Department previously been liquidated, and furnish Commission, 450 Fifth Street, N.W., of Options Surveillance, within two to the Exchange’s Department of Washington, D.C. 20549. Copies of the business days or such other time period Options Surveillance documentation submission, all subsequent designated by the Exchange, forms and reflecting the resulting hedging amendments, all written statements documentation substantiating the basis positions. In meeting this requirement, with respect to the proposed rule for the exemption. the facilitation firm must liquidate and changes that are filed with the Second, a facilitation firm must, establish its customer’s and its own Commission, and all written within five business days after the option and stock positions or their communications relating to the execution of a facilitation exemption equivalent in an orderly fashion, and proposed rule changes between the order, hedge all exempt options not in a manner calculated to cause Commission and any person, other than positions that have not previously been unreasonable price fluctuations or those that may be withheld from the liquidated, and furnish to the unwarranted price changes. In addition, public in accordance with the Exchange’s Department of Options a facilitation firm is not permitted to use provisions of 5 U.S.C. § 552, will be Surveillance documentation reflecting the facilitation exemption for the available for inspection and copying at the resulting hedging positions. In purpose of engaging in index arbitrage. the Commission’s Public Reference meeting this requirement, the Moreover, the facilitation firm is Section, 450 Fifth Street, N.W., facilitation firm must liquidate and establish its customer’s and its own required to promptly provide to the Washington, D.C. 20549. Copies of such options and stock positions or their Exchange any information or documents filings also will be available for equivalent in an orderly fashion, and requested concerning the exempted inspection and copying at the principal not in a manner calculated to cause option positions and the positions office of the PSE. All submissions unreasonable price fluctuations or hedging them, as well as to promptly should refer to File No. SR–PSE–96–10 unwarranted price changes. In addition, notify the Exchange of any material and should be submitted by [insert date a facilitation firm is not permitted to use change in the exempted options 21 days from date of publication]. the facilitation exemption for the position or the hedge. IV. Commission’s Findings and Order Lastly, to aid in understanding the purpose of engaging in index arbitrage. Granting Accelerated Approval of The Commission believes that these scope of the firm facilitation exemption, Proposed Rule Change Commentary .08 will include both a requirements will help to ensure that The Commission finds that the the facilitation exemption will not have table and an example showing how the proposed rule change is consistent with exemption will be applied. an undue market impact on the options the requirements of the Act and the or any underlying stock positions. 2. Statutory Basis rules and regulations thereunder Third, the facilitation firm is required The PSE believes that the proposal is applicable to a national securities to promptly provide to the Exchange consistent with Section 6(b) of the Act, exchange, and, in particular, with the any information or documents requested 7 in general, and furthers the objectives of requirements of Section 6(b)(5). concerning the exempted options Section 6(b)(5), in particular, in that it Specifically, the Commission believes positions and the positions hedging is designed to facilitate transactions in that the PSE’s proposal is reasonably them, as well as to promptly notify the designed to accommodate the needs of Exchange of any material change in the 6 The PSE notes, however, that the Intermarket investors and other market participants exempted options position or the hedge. Surveillance Group (‘‘ISG’’) is currently working on Fourth, neither the member’s nor the developing such procedures. 7 15 U.S.C. 78f(b)(5) (1988). customer’s order may be contingent on Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24525

‘‘all or none’’ or ‘‘fill or kill’’ consistent with Sections 6(b)(5) and approves the proposal, including instructions, and the orders may not be 19(b)(2) of the Act to approve the Amendment No. 1 on an accelerated executed until the procedures in proposed rule change, as amended, on basis. Exchange Rule 6.47(b) and Options an accelerated basis. II. Description Floor Procedure Advice A–6 have been V. Conclusion satisfied, and crowd members have been The proposed rule change to Article given a reasonable time to participate in It is therefore ordered, pursuant to X, Section 10–1(a) of the Exchange’s By- the trade. Section 19(b)(2) 9 of the Act, that the Laws mandates that, effective March 26, Fifth, in no event may the aggregate proposed rule change (File No. SR–PSE– 1997, the Chairman of each Standing exempted position under Commentary 96–10), as amended, is hereby approved Committee of the Phlx’s Board of .08 exceed the number of contracts on an accelerated basis. Governors shall be a member of the specified in the exemption’s table, i.e., For the Commission, by the Division of Board of Governors. The proposed rule twice the applicable standard limit, Market Regulation, pursuant to delegated change is intended to update the 10 excluding interest rate options which authority. structural composition of the Standing are set at three times the applicable Margaret H. McFarland, Committees and make them more standard limit. Deputy Secretary. directly responsive to the Board of Sixth, the facilitation firm may not [FR Doc. 96–12173 Filed 5–14–96; 8:45 am] Governors. increase the exempted options position BILLING CODE 8010±01±M once it is closed, unless approval from III. Discussion the Exchange is again received pursuant The Commission finds that the [Release No. 34±37180; File No. SR±Phlx± to a reapplication under Commentary 96±04] proposed rule change is consistent with .08. the requirements of the Act and the In summary, the Commission believes Self-Regulatory Organizations; rules and regulations thereunder that the safeguards built into the Philadelphia Stock Exchange, Inc.; applicable to a national securities facilitation exemption process discussed Order Granting Approval to Proposed exchange, and, in particular, with the above should serve to minimize the Rule Change and Notice of Filing and requirements of Section 6(b).4 potential for disruption and Order Granting Accelerated Approval Specifically, the Commission believes manipulation, while at the same time to Amendment No. 1 Relating to that the proposed rule change is benefitting market participants by Amendment of Its By-Laws To Require consistent with the Section 6(b)(1) 5 allowing member firms greater That the Chairman of Each Standing requirement that an exchange be flexibility to facilitate large customer Committee Must Be a Member of the organized to carry out the purposes of orders. This structure substantially Board of Governors the Act and to enforce compliance by its mirrors the firm facilitation exemption members and persons associated with process that was recently approved for May 9, 1996. its members with the provisions of the the Chicago Board Options Exchange, I. Introduction Act and the rules and regulations Inc. (‘‘CBOE’’).8 The PSE also has thereunder. surveillance procedures to surveil for On January 22, 1996, the Philadelphia By requiring that the Chairman of compliance with the rule’s Stock Exchange, Inc. (‘‘Phlx’’ or each Standing Committee of the Board requirements. Accordingly, the ‘‘Exchange’’) submitted to the Securities of Governors 6 must be a member of the Commission believes it is appropriate to and Exchange Commission (‘‘SEC’’ or Board of Governors, the proposed rule extend the benefits of a firm facilitation ‘‘Commission’’), pursuant to Section change will enable the Board to more exemption to non-multiply-listed PSE 19(b)(1) of the Securities Exchange Act 1 closely oversee the exercise of the option issues. of 1934 (‘‘Act’’) and Rule 19b–4 2 authority it has delegated to the The Commission finds good cause to thereunder, a proposed rule change to Standing Committees and increase the approve the proposed rule change, require that the Chairman of each responsiveness of the Committees to the including Amendment No. 1, prior to Standing Committee of the Exchange’s Board’s concerns therewith. As a result, the thirtieth day after the date of Board of Governors must be a member the proposed rule change may enhance publication of notice of filing thereof in of the Board of Governors. the Board’s ability to perform its The proposed rule change was the Federal Register. Specifically, by responsibilities under the By-Laws and published for comment in Securities accelerating the approval of the Rules of the Exchange and, in turn, the Exchange’s rule proposal, as amended, Exchange Act Release No. 36832 (February 12, 1996), 61 FR 6280 the Commission is conforming the consensus to retain for the 1996–97 governance year Exchange’s firm facilitation exemption (February 16, 1996). No comments were recently appointed Chairmen of Standing to the relief recently approved for the received on the proposal. On May 9, Committees that are not members of the Board. CBOE. Accelerated approval of the 1996, the Exchange submitted to the Amendment No. 1 also contains representations by the Exchange as to the application of its conflict of proposed rule change will thereby Commission Amendment No. 1 to the 3 interest policy to Standing Committees of the Board provide for the desired uniformity of the proposed rule change. This order and the Chairmen thereof. See infra note 7 for a exchanges’ position limit exemptions. description of such representations. 9 Any other course of action could lead to 15 U.S.C. 78s(b)(2) (1988). 4 15 U.S.C. 78f(b). 10 17 CFR 200.30-3(a) (12) (1994). 5 unnecessary investor confusion. In 15 U.S.C. 78f(b)(1). 1 15 U.S.C. 78s(b)(1). 6 Presently, the Standing Committees of the Phlx addition, the CBOE’s proposal was 2 17 CFR 240.19b–4. Board of Governors consist of the following: an noticed for the entire twenty-one day 3 See Letter from Murray L. Ross, Secretary, Phlx, Admissions Committee, an Allocation, Evaluation comment period and generated no to Jon Kroeper, Attorney, SEC, dated May 8, 1996 and Securities Committee, an Arbitration responses. Accordingly, the (‘‘Amendment No. 1’’). Amendment No. 1 amends Committee, an Audit Committee, a Business the text of the proposed rule change to delay the Conduct Committee, an Elections Committee, an Commission believes that it is implementation of the proposed rule change until Executive Committee, a Finance Committee, a March 26, 1997, which is the organizational Foreign Currency Options Committee, a Marketing 8 See Securities Exchange Act Release No. 36964 meeting of the Phlx Board of Governors after the Committee, a Nominating Committee, and an (March 13, 1996), 61 FR 11453 (March 20, 1996) next scheduled annual election of governors. In its Options Committee. See Phlx By-Laws, Art. X, § 10– (File No. SR–CBOE–95–68). April 17, 1996 meeting, the Board resolved by 1(a). 24526 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Exchange’s performance of its For the Commission, by the Division of from 6,000 lbs. to 6,500 lbs. while obligations under the Act.7 Market Regulation, pursuant to delegated maintaining the original normal authority.9 The Commission finds good cause for category rotorcraft certification. Margaret H. McFarland, approving Amendment No. 1 prior to GRANT, April 25, 1996, Exemption No. Deputy Secretary. the thirtieth day after the date of 6433 publication of notice thereof in the [FR Doc. 96–12175 Filed 5–14–96; 8:45 am] Docket No: 25726 Federal Register. Amendment No. 1 BILLING CODE 8010±01±M Petitioner: Valley Flying Service, Inc. merely delays the implementation of the Sections of the FAR Affected: 14 CFR rule until the 1997–98 governance year, 21.197(c)(2) Description of Relief Sought/ and does not propose new substantive DEPARTMENT OF TRANSPORTATION Disposition: To allow the issuance of provisions to the proposed rule change. Federal Aviation Administration a special flight permit with Accordingly, the Commission believes [Summary Notice No. PE±96±24] continuing authorization to the that consistent with Section 19(b)(2), petitioner for aircraft that are operated good cause exists to accelerate approval and maintained in accordance with of Amendment No. 1. Petitions for Exemption; Summary of Petitions Received; Dispositions of §§ 135.411(a)(1) and 135.419. IV. Solicitation of Comments Petitions Issued DENIAL, March 18, 1996, Exemption No. 6414 Interested persons are invited to AGENCY: Federal Aviation Docket No: 25738 submit written data, views and Administration (FAA), DOT. Petitioner: CCAir, Inc. arguments concerning Amendment No. ACTION: Notice of petitions for Sections of the FAR Affected: 14 CFR 1 to the proposed rule change. Persons exemption received and of dispositions 21.197(c) making written submissions should file of prior petitions. Description of Relief Sought/ six copies thereof with the Secretary, Disposition: To allow the issuance of Securities and Exchange Commission, SUMMARY: Pursuant to FAA’s rulemaking a special flight permit with 450 Fifth Street, N.W., Washington, D.C. provisions governing the application, continuing authorization to the 20549. Copies of the submission, all processing, and disposition of petitions petitioner for aircraft that are operated subsequent amendments, all written for exemption (14 CFR Part 11), this and maintained in accordance with statements with respect to the proposed notice contains a summary of certain §§ 135.411(a)(1) and 135.419. rules change that are filed with the petitions seeking relief from specified DENIAL, March 18, 1996, Exemption Commission, and all written requirements of the Federal Aviation No. 6415 communications relating to Amendment Regulations (14 CFR Chapter I), Docket No: 28269 No. 1 between the Commission and any dispositions of certain petitions Petitioner: Learjet, Inc. persons, other than those that may be previously received, and corrections. Sections of the FAR Affected: 14 CFR The purpose of this notice is to improve withheld from the public in accordance 25.562(c)(5) and 25.785(a) the public’s awareness of, and with the provisions of 5 U.S.C. 552, will Description of Relief Sought/ participation in, this aspect of FAA’s be available for inspection and copying Disposition: To allow exemption from regulatory activities. Neither publication in the Commission’s Public Reference the Head Injury Criterion (HIC) of of this notice nor the inclusion or Section, 450 Fifth Street, N.W., §§ 25.562(c)(5) and 25.785(a) for omission of information in the summary Washington, D.C. 20549. Copies of such passenger seating in Learjet Model 45 is intended to affect the legal status of airplanes. filing will also be available at the any petition or its final disposition. principal office of the Phlx. All PARTIAL GRANT, April 9, 1996, FOR FURTHER INFORMATION CONTACT: submissions should refer to File No. Exemption No. 6420 SR–Phlx–96–04 and should be Mr. D. Michael Smith, Office of Docket No: 28345 Rulemaking (ARM–1), Federal Aviation submitted by [insert date 21 days from Petitioner: Air Vegas, Inc. Administration, 800 Independence date of publication]. Sections of the FAR Affected: 14 CFR Avenue, SW., Washington, DC 20591; 135.180(a) V. Conclusion telephone (202) 267–7470. Description of Relief Sought/ This notice is published pursuant to Disposition: To permit Air Vegas, Inc., It is therefore ordered, pursuant to paragraphs (c), (e), and (g) of § 11.27 of to operate 6 turbine-powered 8 Section 19(b)(2) of the Act, that the Part 11 of the Federal Aviation Beechcraft C99 (B–C99) airplanes that proposed rule change (SR–Phlx–96–04), Regulations (14 CFR Part 11). have a passenger seat configuration of as amended, is approved. Issued in Washington, D.C., on May 10, 15 seats without those airplanes being 1996. equipped with an approved traffic 7 In Amendment No. 1 the Exchange has Donald P. Byrne, alert and collision avoidance system represented that Art. IV, § 4–8 of the Phlx By-Laws, which provides that ‘‘no person shall participate in Assistant Chief Counsel for Regulations. (TCAS I). the adjudication of a matter in which he is DENIAL, April 4, 1996, Exemption No. personally interested,’’ specifically applies to Dispositions of Petitions 6419 members of the Board of Governors acting as such. Docket No: 009SW Docket No: 28452 The Exchange also has represented that it has applied this conflict of interest provision to the Petitioner: Kaman Aerospace Petitioner: Boeing Commercial Airplane conduct of all Standing Committee, subcommittee, Corporation Group hearing panel and panel members. Moreover, in the Sections of the FAR Affected: 14 CFR Sections of the FAR Affected: 14 CFR context of the proposed rule change, the Exchange 27.1(a) 25.562(b)(2) has represented that no Chairman of a Standing Committee may participate in the deliberation or Description of Relief Sought: To allow Description of Relief Sought/ voting on any matter in which such member or his an increase in the maximum gross Disposition: To permit exemption or her affiliated firm may have an interest in the weight of the Kaman Model K–1200 from the floor warpage testing outcome. See Amendment No. 1, supra note 3. requirement of § 25.562(b)(2), as 8 15 U.S.C. 78s(b)(2). 9 17 CFR 200.30–3(a)(12). amended by Amendment 25–64, for Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24527

flight deck seats on Boeing Model Issued in Washington, DC, on May 9, 1996. 12 will continue working Group 2 737–600, –700, and –800 airplanes. Janice L. Peters, MOPS; and June 13 will be the Plenary GRANT, April 12, 1996, Exemption No. Designated Official. Session.) The meeting will be held at 6425 [FR Doc. 96–12209 Filed 5–14–96; 8:45 am] RTCA, Inc., 1140 Connecticut Avenue, Docket No.: 28460 BILLING CODE 4810±13±M N.W., Suite 1020, Washington, DC Petitioner: Mr. Robert W. Stamm 20036. Sections of the FAR Affected: 14 CFR The agenda of the Plenary Session 121.383(c) RTCA, Inc., Special Committee 184; will be as follows: (1) Introductory Description of Relief Sought/ Minimum Performance and Installation Remarks; (2) Review and Approval of Disposition: To permit Mr. Stamm to Standards for Runway Guard Lights Meeting Agenda; (3) Approval of the act as a pilot in operations conducted Summary of the Previous Meeting; (4) Pursuant to section 10(a)(2) of the under part 121 after reaching his 60th Presentations; (5) Reports From Working Federal Advisory Committee Act (P.L. birthday. Groups 1 and 2; (6) Other Business; (7) 92–463, 5 U.S.C., Appendix 2), notice is DENIAL, April 12, 1996, Exemption No. Set Agenda for Next Meeting; (8) Date hereby given for a Special Committee 6421 and Place of Next Meeting. 184 meeting to be held June 4, 1996, Docket No.: 28464 Attendance is open to the interested starting at 9:30 a.m. The meeting will be Petitioner: Campbell Industries, Inc. pubic but limited to space availability. held at RTCA, 1140 Connecticut Sections of the FAR Affected: 14 CFR With the approval of the chairman, 135.143(c)(2) Avenue, NW., Suite 1020, Washington, DC 20036. members of the public may present oral Description of Relief Sought/ statements at the meeting. Persons Disposition: To permit Campbell The agenda will be as follows: (1) Administrative Announcements; (2) wishing to present statements or obtain Industries, Inc., to operate a information should contact the RTCA Beechcraft B–55 (Registration No. Chairman’s Introductory Remarks; (3) Review and Approval of Meeting Secretariat, 1140 Connecticut Avenue, N8079R, Serial No. TC–1251) under NW., Suite 1020, Washington, DC part 135 without a TSO–C112 (Mode Agenda; (4) Review and Approval of Minutes of the Previous Meeting; (5) 20036; (202) 833–9339 (phone) or (202) S) transponder installed. 833–9434 (fax). Members of the public GRANT, April 22, 1996, Exemption No. Review Comments Received from may present a written statement to the 6412 Proposed Final Draft; (6) Complete Editorial and Comment Cleanup on committee at any time. [FR Doc. 96–12213 Filed 5–14–96; 8:45 am] Proposed Final Draft; (7) Other Issued in Washington, DC, on May 9, 1996. BILLING CODE 4910±13±M Business; (8) Date and Place of Next Janice L. Peters, Meeting. Designated Official. Attendance is open to the interested [FR Doc. 96–12211 Filed 5–14–96; 8:45 am] RTCA, Inc., Special Committee 185, public but limited to space availability. BILLING CODE 4910±13±M Aeronautical Spectrum Planning With the approval of the chairman, Issues members of the public may present oral Pursuant to section 10(a)(2) of the statements at the meeting. Persons RTCA, Inc., Joint RTCA Special Federal Advisory Committee Act (P.L. wishing to present statements or obtain Committee 180 and Eurocae Working 92–463, 5 U.S.C., Appendix 2), notice is information should contact the RTCA Group 46 Meeting; Design Assurance hereby given for a Special Committee Secretariat, 1140 Connecticut Avenue, Guidance for Airborne Electronic 185 meeting to be held on June 5–6, NW., Suite 1020, Washington, DC Hardware 1996, starting at 9:00 a.m. The meeting 20036; (202) 833–9339 (phone) or (202) will be held at RTCA, 1140 Connecticut 833–9434 (fax). Members of the public Pursuant to section 10(a)(2) of the Avenue, N.W., Suite 1020, Washington, may present a written statement to the Federal Advisory Committee Act (P.L. DC 20036. committee at any time. 92–463, 5 U.S.C., Appendix 2), notice is The agenda will be as follows: (1) Issued in Washington, DC, on May 9, 1996. hereby given for a joint RTCA Special Administrative Remarks; (2) General Janice L. Peters, Committee 180 and EUROCAE Working Group 46 meeting to be held June 18– Introductions; (3) Approval of the Designated Official. Agenda; (4) Review and Approval of the 20, 1996, starting at 8:30 a.m. on June [FR Doc. 96–12210 Filed 5–14–96; 8:45 am] Summary of the Previous Meeting; (5) 18. (On subsequent days, meeting begins Review and Resolve Comments on Draft BILLING CODE 4810±13±M at 8:00 a.m.) The meeting will be held Version 8 of SC–185 Report; (6) at RTCA, 1140 Connecticut Avenue, NW., Suite 1020, Washington, DC Consider/Approve Version 8 with RTCA, Inc., RTCA Special Committee 20036. Corrections as Proposed Final Draft; (7) 188; Minimum Aviation System Other Business; (8) Date and Place of Performance Standards for High The agenda will be as follows: (1) Next Meeting. Frequency Data Link (HFDL) Chairman’s Introductory Remarks; (2) Attendance is open to the interested Review and Approval of Meeting public but limited to space availability. Pursuant to section 10(a)(2) of the Agenda; (3) Review and Approval of With the approval of the chairman, Federal Advisory Committee Act (P.L. Minutes of Previous Joint Meeting; (4) members of the public may present oral 92–463, 5 U.S.C., Appendix 2), notice is Leadership Team Meeting Report; (5) statements at the meeting. Persons hereby given for an RTCA Special Consensus Items; (6) Review Action wishing to present statements or obtain Committee 188 meeting to be held June Items; (7) Review Issue Logs; (8) Issue information should contact the RTCA 10–13, 1996, starting at 9:30 a.m. on Teams’ Status, Meeting Plans, New Secretariat, 1140 Connecticut Avenue, June 10. (On subsequent days, meeting Members; (9) Issue Team Working N.W., Suite 1020, Washington, DC begins at 9:00 a.m.) (June 10 will Sessions; (10) Issue Team Reports; (11) 20036; (202) 833–9339 (phone) or (202) address the Working Group 1 MASPS; New Items for Consensus; (12) Other 833–9434 (fax). Members of the public June 11 will continue Working Group 1 Business; (13) Establish Agenda for Next may present a written statement to the discussion (a.m.) and begin discussion Meeting; (14) Date and Place of Next committee at any time. of Working Group 2 MOPS (p.m.); June Meeting. 24528 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Attendance is open to the interested submitted to the Office of the Associate Specific Crash Avoidance R&D topics public but limited to space availability. Administrator for Research and are: With the approval of the chairman, Development, NRD–01, National Truck tire traction, members of the public may present oral Highway Traffic Safety Administration, Portable data acquisition system for crash statements at the meeting. Persons Room 6206, 400 Seventh St., SW., avoidance research (DASCAR), wishing to present statements or obtain Washington, DC 20590. The fax number Systems to enhance EMS response (automatic information should contact the RTCA is 202–366–5930. collision notification), Vehicle motion environment data collection Secretariat, 1140 Connecticut Avenue, SUPPLEMENTARY INFORMATION: NHTSA NW., Suite 1020, Washington, DC system, intends to provide detailed Crash causal analysis, 20036; (202) 833–9339 (phone) or (202) presentations about its research and Human factors guidelines for crash avoidance 833–9434 (fax). Members of the public development programs in a series of warning devices, may present a written statement to the public meetings. The series started in Longer combination vehicle safety, committee at any time. April 1993. The purpose is to make Drowsy driver monitoring, Driver workload assessment, Issued in Washington, DC, on May 9, 1996. available more complete and timely Pedestrian detection devices for school bus Janice L. Peters, information regarding the agency’s safety, Designated Official. research and development programs. Performance guidelines for ITS systems [FR Doc. 96–12212 Filed 5–14–96; 8:45 am] This thirteenth meeting in the series (approach), will be held on June 12, 1996. Variable dynamics test vehicle, BILLING CODE 4910±13±M NHTSA requests suggestions from Engineering description of precrash events, interested parties on the specific agenda Preliminary rearend collision avoidance topics to be presented. NHTSA will base system guidelines, National Highway Traffic Safety Preliminary road departure collision Administration its decisions about the agenda, in part, avoidance system guidelines, on the suggestions it receives by close Preliminary intersection collision avoidance Research and Development Programs of business at 4:15 p.m. on May 24, system guidelines, and Meeting 1996. Before the meeting, it will publish Preliminary lane change/merge collision a notice with an agenda listing the avoidance system guidelines. AGENCY: National Highway Traffic research and development topics to be Safety Administration, DOT. Separately, questions regarding discussed. The agenda can also be research projects that have been ACTION: Notice. obtained by calling or faxing the submitted in writing not later than close information numbers listed elsewhere in SUMMARY: This notice announces a of business on June 3, 1996, will be this notice. NHTSA asks that the public meeting at which NHTSA will answered. A transcript of the meeting, suggestions be limited to six, in priority describe and discuss specific research copies of materials handed out at the order, so that the presentations at the and development projects. Further, the meeting, and copies of the suggestions June 12 R&D meeting can be most useful notice requests suggestions for topics to offered by commenters will be available to the audience. Specific R&D topics are be presented by the agency. for public inspection in the NHTSA’s listed below. Many of these topics have Technical Reference Division, Room DATES AND TIMES: The National Highway been discussed at previous meetings. Traffic Safety Administration will hold 5108, 400 Seventh St., SW., Suggestions for agenda topics are not Washington, DC 20590. Copies of the a public meeting devoted primarily to restricted to this listing, and interested presentations of specific research and transcript will then be available at 10 parties are invited to suggest other R&D cents a page, upon request to NHTSA’s development projects on June 12, 1996, topics of specific interest to their beginning at 1:30 p.m. and ending at Technical Reference Division. The organizations. Technical Reference Division is open to approximately 5:00 p.m. The deadline Specific R&D topic is: for interested parties to suggest agenda the public from 9:30 a.m. to 4:00 p.m. NHTSA will provide technical aids to topics is 4:15 p.m. on May 24, 1996. On-line tracking system for NHTSA’s participants as necessary, during the Questions may be submitted in advance research projects. Research and Development Programs regarding the agency’s research and Specific Crashworthiness R&D topics Meeting. Thus, any person desiring the development projects. They must be are: assistance of ‘‘auxiliary aids’’ (e.g., sign- submitted in writing by June 3, 1996, to Improved frontal crash protection (program language interpreter, telecommunication the address given below. If sufficient status, problem identification, offset devices for deaf persons (TTDs), readers, time is available, questions received testing), taped texts, braille materials, or large after the June 3 date will be answered Advanced glazing research, print materials and/or a magnifying at the meeting in the discussion period. Vehicle aggressivity and fleet device), please contact Rita Gibbons on The individual, group, or company compatibility, 202–366–4862 by close of business June asking a question does not have to be Upgrade side crash protection, 5, 1996. present for the question to be answered. Upgrade seat and occupant restraint systems, A consolidated list of the questions FOR FURTHER INFORMATION CONTACT: Rita Child safety research (ISOFIX), Gibbons, Staff Assistant, Office of submitted by June 3 will be available at Child restraint/air bag interaction (CRABI) the meeting and will be mailed to Research and Development, 400 dummy testing, Seventh Street, SW., Washington, DC requesters after the meeting. Electric and alternate fuel vehicle safety, 20590. Telephone: 202–366–4862. Fax ADDRESSES: Truck crashworthiness/occupant The meeting will be held at number: 202–366–5930. the Royce Hotel-Detroit Metro Airport, protection, 31500 Wick Road, Romulus, Michigan Highway traffic injury studies, Issued: May 9, 1996. Head and neck injury research, William A. Boehly, 48174. Suggestions for specific R&D Lower extremity injury research, topics as described below and questions Thorax injury research, Associate Administrator for Research and for the June 12, 1996, meeting relating Human injury simulation and analysis, Development. to the agency’s research and Refinements to the Hybrid III dummy, and [FR Doc. 96–12164 Filed 5–14–96; 8:45 am] development programs should be Advanced frontal test dummy. BILLING CODE 4910±59±P Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24529

Research and Special Programs in response to the Federal Register participants have an opportunity to Administration notices. speak. Conversely, the meeting may Based on its review of the HMR and conclude before the time scheduled if [Notice No. 96±8] on written and oral comments received all persons wishing to participate have Improving the Hazardous Materials from the public, RSPA has initiated been heard. Safety Program; Public Meetings eight separate rulemakings to eliminate The meetings will have an open Related to Regulatory Review and or revise those regulations that have agenda and will be held as follows: (1) June 26, 1996, from 9:00 a.m. to Customer Service been identified as being outdated or in need of reform (Dockets HM–200, HM– 4:00 p.m., at the Henry VIII Hotel, 4690 AGENCY: Research and Special Programs 207C, HM–207E, HM–216, HM–220A, N. Lindbergh Boulevard, St. Louis, Administration (RSPA), DOT. HM–220B, HM–222A, HM–222B). Missouri, 63044 (near the airport). ACTION: Notice of public meeting. Except for Docket HM–200, RSPA (2) September 12, 1996, from 9:00 expects all of these rulemakings to be a.m. to 4:00 p.m., at the Omni Hotel, 100 SUMMARY: This notice announces two issued as final rules by early June 1996. CNN Center, Atlanta, Georgia, 30335. public meetings, one to be held in St. These rulemakings address areas of the Issued in Washington, DC on May 10, Louis, Missouri, and the other in HMR dealing with ‘‘materials of trade’’, 1996. Atlanta, Georgia, to seek information training frequency, 24-hour emergency Alan I. Roberts, from the public on regulatory reform response telephone numbers, incident Associate Administrator for Hazardous and improved customer service for reporting, shipping papers, marketing, Materials Safety. RSPA’s hazardous materials safety labeling, and placarding, elimination of [FR Doc. 96–12178 Filed 5–14–96; 8:45 am] program. These meetings are a over 100 sections of the HMR, continuation of the initial series of restructuring of the Hazardous Materials BILLING CODE 4910±60±M public outreach meetings held between Table and Hazardous Substance Table, April 19, 1995 and January 25, 1996. restructuring of the cylinder DEPARTMENT OF THE TREASURY ADDRESSES: See Supplementary specifications and cylinder Information for specific time, location, requalification requirements, and rail Internal Revenue Service and agenda. and highway modal requirements. In DATES: Public Meetings will be held as addition, RSPA has initiated a two-year Proposed Collection; Comment follows: pilot ticketing program to streamline Request for Form 1099±DIV (1) June 26, 1996, in St. Louis, and simplify enforcement of certain AGENCY: Internal Revenue Service (IRS), Missouri. violations which do not have a direct Treasury. (2) September 12, 1996, in Atlanta, impact on the safe transportation of Georgia. hazardous materials, such as failure to ACTION: Notice and request for register, obtain renewed exemptions in comments. FOR FURTHER INFORMATION CONTACT: a timely manner, retain training records, Edmund J. Richards, Interagency and file incident reports. In the SUMMARY: The Department of the Hazardous Materials Program international area, RSPA has Treasury, as part of its continuing effort Coordinator, (202) 366–0656; or Suezett incorporated requirements for the to reduce paperwork and respondent Edwards, Training and Information transportation of radioactive materials burden, invites the general public and Specialist, (202) 366–4900; Hazardous that are compatible with the regulations other Federal agencies to take this Materials Safety, RSPA, Department of of the International Atomic Energy opportunity to comment on proposed Transportation, Washington, DC 20590– Agency, and continued to adopt and/or continuing information 0001. regulations towards harmonization with collections, as required by the SUPPLEMENTARY INFORMATION: On March the United Nations Recommendations Paperwork Reduction Act of 1995, 4, 1995, President Clinton issued a and other international regulatory Public Law 104–13 (44 U.S.C. memorandum to heads of departments bodies. 3506(c)(2)(A)). Currently, the IRS is and agencies calling for a review of all Significant actions have also been soliciting comments concerning Form agency regulations to eliminate or revise taken to improve management practices 1099–DIV, Dividends and Distributions. those regulations that are outdated or in and operations. In 1995, RSPA DATES: Written comments should be need of reform. In addition, the implemented a toll-free number for received on or before July 15, 1996 to be President directed front line regulators obtaining assistance on the HMR, assured of consideration. to ‘‘* * * get out of Washington and reporting potential violations of the ADDRESSES: Direct all written comments create grassroots partnerships’’ with regulations, and obtaining copies of to Garrick R. Shear, Internal Revenue people affected by agency regulations. training materials. In response to Service, room 5571, 1111 Constitution In response to the President’s comments to improve responses to Avenue NW., Washington, DC 20224. directive, RSPA performed an extensive inquiries, RSPA has made a FOR FURTHER INFORMATION CONTACT: review of the Hazardous Materials commitment to respond to phone calls Requests for additional information or Regulations (HMR; 49 CFR Parts 171– before the end of the next business day, copies of the form(s) and instructions 180) and associated procedural rules (49 and to mail training materials and should be directed to Martha R. Brinson, CFR Parts 106, 107 and 110). In April publications in a timely manner. (202) 622–3869, Internal Revenue and July 1995, RSPA published notices Conduct of the Meetings Service, room 5571, 1111 Constitution in the Federal Register (60 FR 17049 Avenue NW., Washington, DC 20224. and 60 FR 38888, respectively) that The meetings will be informal and are announced public meetings and intended to produce a dialogue between SUPPLEMENTARY INFORMATION: requested comments on ways to agency personnel and persons affected Title: Dividends and Distributions. improve the HMR and the kind and by the hazardous materials safety OMB Number: 1545–0110. quality of services RSPA’s customers programs. The meeting officer may find Form Number: Form 1099–DIV. expect. RSPA held 12 public meetings it necessary to limit the time allocated Abstract: This form is used by the and received over 50 written comments each speaker to ensure that all Service to insure that dividends are 24530 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices properly reported as required by DATES: Written comments should be Proposed Collection; Comment Internal Revenue Code section 6042, received on or before July 15, 1996, to Request for Form 941c and 941cPR that liquidation distributions are be assured of consideration. AGENCY: Internal Revenue Service (IRS), correctly reported as required by Code ADDRESSES: Direct all written comments Treasury. section 6043, and to determine whether to Garrick R. Shear, Internal Revenue payees are correctly reporting their Service, room 5571, 1111 Constitution ACTION: Notice and request for income. Avenue NW., Washington, DC 20224. comments. Current Actions: There are no changes FOR FURTHER INFORMATION CONTACT: being made to the form at this time. SUMMARY: The Department of the Type of Review: Extension of a Requests for additional information or Treasury, as part of its continuing effort currently approved collection. copies of the form(s) and instructions to reduce paperwork and respondent Affected Public: Business or other for- should be directed to Martha R. Brinson, burden, invites the general public and profit organizations. (202) 622–3869, Internal Revenue other Federal agencies to take this Estimated Number of Respondents: Service, room 5571, 1111 Constitution opportunity to comment on proposed 140,560. Avenue NW., Washington, DC 20224. and/or continuing information Estimated Time per Respondent: 165 SUPPLEMENTARY INFORMATION: collections, as required by the hr. 45 min. Paperwork Reduction Act of 1995, Estimated Total Annual Burden Title: Employer’s Annual Railroad Public Law 104–13 (44 U.S.C. Hours: 23,297,824. Retirement Tax Return. 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments OMB Number: 1545–0001. soliciting comments concerning Form submitted in response to this notice will Form Number: Form CT–1. 941c, Supporting Statement To Correct be summarized and/or included in the Abstract: Railroad employers are Information and Form 941cPR, Planilla request for OMB approval. All required to file an annual return to Para La Correccion De Informacion. comments will become a matter of report employer and employee Railroad DATES: Written comments should be Retirement Tax Act (RRTA) taxes. Form public record. received on or before July 15, 1996, to Comments are invited on: (a) Whether CT–1 is used for this purpose. IRS uses be assured of consideration. the collection of information is the information to insure that the necessary for the proper performance of employer has paid the correct tax. ADDRESSES: Direct all written comments the functions of the agency, including Current Actions: There are no changes to Garrick R. Shear, Internal Revenue whether the information shall have being made to the form at this time. Service, room 5571, 1111 Constitution practical utility; (b) the accuracy of the Type of Review: Extension of a Avenue NW., Washington, DC 20224. agency’s estimate of the burden of the currently approved collection. FOR FURTHER INFORMATION CONTACT: collection of information; (c) ways to Affected Public: Business or other for- Requests for additional information or enhance the quality, utility, and clarity profit organizations, not-for-profit copies of the form(s) and instructions of the information to be collected; and institutions, and State, local or tribal should be directed to Martha R. Brinson, (d) ways to minimize the burden of the governments. (202) 622–3869, Internal Revenue collection of information on Estimated Number of Respondents: Service, room 5571, 1111 Constitution respondents, including through the use 2,387. Avenue NW., Washington, DC 20224. of automated collection techniques or Estimated Time per Respondent: 20hr. SUPPLEMENTARY INFORMATION: other forms of information technology. 23 min. Title: Form 941c, Supporting Approved: May 1, 1996. Estimated Total Annual Burden Hours: 48,646. Statement To Correct Information and Garrick R. Shear, Form 941cPR, Planilla Para La IRS Reports Clearance Officer. Request for Comments: Comments submitted in response to this notice will Correccion De Information. [FR Doc. 96–12202 Filed 5–14–96; 8:45 am] be summarized and/or included in the OMB Number: 1545–0256. BILLING CODE 4830±01±U request for OMB approval. All Form Number: Forms 941c and comments will become a matter of 941cPR. public record. Abstract: Form 941c (or Form 941cPR Proposed Collection; Comment for use in Puerto Rico to correct FICA Request for Form CT±1 Comments are invited on: (a) Whether the collection of information is tax only) is used by employers to correct AGENCY: Internal Revenue Service (IRS), necessary for the proper performance of previously reported FICA or income tax Treasury. the functions of the agency, including data. The forms may be used to support ACTION: Notice and request for whether the information shall have a credit or adjustment claimed on a comments. practical utility; (b) the accuracy of the current return for an error in a prior agency’s estimate of the burden of the return period. The information is used SUMMARY: The Department of the collection of information; (c) ways to to reconcile wages and taxes previously Treasury, as part of its continuing effort enhance the quality, utility, and clarity reported or used to support a claim for to reduce paperwork and respondent of the information to be collected; and refund credit or adjustment of FICA or burden, invites the general public and (d) ways to minimize the burden of the income tax. other Federal agencies to take this collection of information on Current Actions: There are no changes opportunity to comment on proposed respondents, including through the use being made to the forms at this time. and/or continuing information of automated collection techniques or Type of Review: Extension of a collections, as required by the other forms of information technology. currently approved collection. Paperwork Reduction Act of 1995, Affected Public: Business or other for- Public Law 104–13 (44 U.S.C. Approved: May 8, 1996. profit organizations, not-for-profit 3506(c)(2)(A)). Currently, the IRS is Garrick R. Shear, institutions, and State, local or tribal soliciting comments concerning Form IRS Reports Clearance Officer. governments. CT–1, Employer’s Annual Railroad [FR Doc. 96–12203 Filed 5–14–96; 8:45 am] Estimated Number of Respondents: Retirement Tax Return. BILLING CODE 4830±01±U 958,050. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24531

Estimated Time per Respondent: 8hr. Office of the Comptroller of the Office of Thrift Supervision 54 min. Currency Estimated Total Annual Burden [Docket No. 96±12] [AC±31; OTS Nos. H±2678 and 00423] Hours: 8,528,697. Kenwood Federal M.H.C., Cincinnati, Request for Comments: Comments Order of Succession Ohio; Approval of Conversion submitted in response to this notice will By virtue of the authority contained in Application be summarized and/or included in the 12 U.S.C. 4, it is ordered as follows: During a vacancy in the Office of the request for OMB approval. All Notice is hereby given that on April Comptroller of the Currency or during comments will become a matter of 30, 1996, the Director, Corporate public record. any period in which the Comptroller of the Currency is unable to perform the Activities, Office of Thrift Supervision, Comments are invited on: (a) Whether duties of such office due to absence or or her designee, acting pursuant to the collection of information is disability, the following officials—each delegated authority, approved the necessary for the proper performance of of whom has received appointment application of Kenwood Federal M.H.C., the functions of the agency, including under 12 U.S.C. 4 as a Deputy Cincinnati, Ohio, to convert to the stock whether the information shall have Comptroller of the Currency—shall form of organization. Copies of the practical utility; (b) the accuracy of the possess the power and perform the application are available for inspection agency’s estimate of the burden of the duties attached by law to the Office of at the Dissemination Branch, Office of collection of information; (c) ways to the Comptroller of the Currency in the Thrift Supervision, 1700 G Street, N.W., enhance the quality, utility, and clarity order of succession enumerated: Washington, D.C. 20552, and the Central of the information to be collected; and 1. Konrad S. Alt, Senior Deputy Regional Office, Office of Thrift (d) ways to minimize the burden of the Comptroller for Economic Analysis and Supervision, 200 West Madison Street, collection of information on Public Affairs; Suite 1300, Chicago, Illinois 60606. respondents, including through the use 2. Julie L. Williams, Chief Counsel; Dated: May 9, 1996. of automated collection techniques or 3. Susan F. Krause, Senior Deputy other forms of information technology. Comptroller for Bank Supervision By the Office of Thrift Supervision. Policy; Nadine Y. Washington, Approved: May 8, 1996. 4. Leann G. Britton, Senior Deputy Corporate Secretary. Garrick R. Shear, Comptroller for Bank Supervision [FR Doc. 96–12127 Filed 5–14–96; 8:45 am] IRS Reports Clearance Officer. Operations. BILLING CODE 6720±01±P [FR Doc. 96–12204 Filed 5–14–96; 8:45 am] Dated: May 7, 1996. BILLING CODE 4830±01±U Eugene A. Ludwig, Comptroller of the Currency. [FR Doc. 96–12208 Filed 5–14–96; 8:45 am] BILLING CODE 4810±33±P 24532 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24533

Corrections Federal Register Vol. 61, No. 95

Wednesday, May 15, 1996

This section of the FEDERAL REGISTER FEDERAL ELECTION COMMISSION Thursday, May 2, 1996, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, 11 CFR Part 110 and Notice documents. These corrections are On page 19592, in the third column, prepared by the Office of the Federal [Notice 1996-11] in the SUMMARY, in the sixth line, Register. Agency prepared corrections are ‘‘???’’ should read ‘‘approach’’. issued as signed documents and appear in Candidate Debates and News Stories BILLING CODE 1505±01±D the appropriate document categories Correction elsewhere in the issue. In rule document 96–10038 beginning on page 18049, in the issue of DEPARTMENT OF TRANSPORTATION Wednesday, April 24, 1996, make the EXECUTIVE OFFICE OF THE following corrections: Federal Aviation Administration PRESIDENT 1. On page 18050, in the 1st column, in the 1st full paragraph, in the 12th 14 CFR Part 121 Office of Management and Budget line, ‘‘express’’ should read ‘‘expressed’’. [Docket No. 27264] Unified Agenda of Federal Regulatory and Deregulatory Actions §110.13 [Corrected] RIN 2120-AF96 2. On page 18051, in the third Correction column, in §110.13 (a)(2), in the third The Age 60 Rule In the Unified Agenda of Federal line from the top, after the word ‘‘are’’ Regulatory and Deregulatory Actions insert ‘‘not’’. Correction published in the issue of Monday, May BILLING CODE 1505±01±D In proposed rule document 96–9991 13, 1996, Book 2, make the following beginning on page 18099 in the issue of corrections: DEPARTMENT OF TRANSPORTATION Wednesday, April 24, 1996, make the In proposed rule document 96–12159 following correction: appearing on the back of the inside Federal Aviation Administration On page 18099, in the third column, cover page, the page number should be 14 CFR Part 71 in the SUPPLEMENTARY ‘‘22701’’ and the FR Doc. line and INFORMATION, in the 2d paragraph, in billing code were inadvertently omitted [Airspace Docket No. 96-AGL-4] the 14th line, ‘‘into’’ should read ‘‘not’’. and should read as set forth below: BILLING CODE 1505±01±D [FR Doc. 96-12159 Filed 5-10-96; 10:36 am] Establishment of Class E Airspace; Menomonie, WI BILLING CODE 3110-01-P BILLING CODE 1505±01±D Correction In proposed rule document 96–10967 beginning on page 19592 in the issue of federal register May 15,1996 Wednesday Notice Employing AgenciesinFiscalYear1995; Government SourcesReportedto Gifts toFederalEmployeesFromForeign Office ofProtocol Department ofState Part II 24535 24536 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

DEPARTMENT OF STATE statements which, as required by law, added by Section 515(a)(1) of the Federal employees filed with their Foreign Relations Authorization Act, Office of Protocol employing agencies during calendar Fiscal Year 1978 (Public Law 95–105, year 1995 concerning gifts received from [Public Notice 2365] August 17, 1977, 91 Stat. 865). foreign governments sources. The Dated: March 19, 1996. compilation includes reports of both Gifts to Federal Employees From Richard Moose, Foreign Government Sources tangible gifts and gifts of travel or travel Reported to Employing Agencies in expenses of more than minimal value, Under Secretary for Management. Calendar Year 1995 as defined by statute. Publication of this listing in the The Department of State submits the Federal Register is required by Section following comprehensive listing of the 7342(f) of Title 5, United States Code, as

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENT Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Family ...... 25′′×33′′ gold-framed portrait of an His Excellency Punsalmaagiin Non-acceptance would cause em- Asian woman in native dress. Ochirbat, President of Mongolia, barrassment to donor and U.S. RecdÐSeptember 7, 1995. Est. and Mrs. Tsevelmaa. Government. ValueÐ$300. Archive Foreign. First Family ...... (1) Tyrone leaded crystal vase The Right Honorable Councillor Non-acceptance would cause em- with an engraving of Belfast Eric Smyth, The Lord Mayor of barrassment to donor and U.S. City Hall, on wooden base in- Belfast. Government. scribed to the President. (2) Eight Tyrone leaded crystal napkin rings engraved ``Belfast.'' (3) Eight Irish linen napkins. RecdÐNovember 30, 1995. Est. ValueÐ$1150. Archive For- eign. President ...... Four dozen red roses. RecdÐ His Excellency Dr. Muhammad Non-acceptance would cause em- January 9, 1995. Est. ValueÐ Abdul Ghaffar Abdulla, Ambas- barrassment to donor and U.S. $300. Accepted by Another sador of the State of Bahrain. Government. Government Agency. President ...... Multicolored cloisonne plate with His Excellency Tomiichi Non-acceptance would cause em- wooden stand. RecdÐJanuary Murayama, Prime Minister of barrassment to donor and U.S. 18, 1995. Est. ValueÐ$250. Ar- Japan. Government. chive Foreign. President ...... Watercolor painting titled, ``Sax-O- His Excellency Dr. Helmut Kohl, Non-acceptance would cause em- Ton.'' RecdÐFebruary 9, 1995. Chancellor of the Federal Re- barrassment to donor and U.S. Est. ValueÐ$1200. Archive For- public of Germany. Government. eign. Petra Jercic (Private Citizen of the Federal Republic of Germany). President ...... (1) Framed poster that celebrates His Excellency Jean-Luc Non-acceptance would cause em- the 50th anniversary of the Bat- Dehaene, Prime Minister of Bel- barrassment to donor and U.S. tle of the Bulge. (2) Framed lith- gium. Government. ograph of the Hotel de Ville. RecdÐFebruary 11, 1995. Est. ValueÐ$775. Archive Foreign. President ...... Book of photographs from 50th His Excellency Francois Mitter- Non-acceptance would cause em- anniversary of D-Day celebra- rand, President of the French barrassment to donor and U.S. tions. RecdÐJanuary 25, 1995. Republic. Government. Est. ValueÐ$500. Archive For- eign. President ...... 12′′ diameter silver display bowl His Excellency Dr. Zhelyu Zhelev, Non-acceptance would cause em- mounted on a pedestal. RecdÐ President of the Republic of barrassment to donor and U.S. February 13, 1995. Est. ValueÐ Bulgaria. Government. $250. Archive Foreign. President ...... 18k gold table clock and case with His Majesty Hassan, II, King of Non-acceptance would cause em- amethyst crystal panels and di- Morocco. barrassment to donor and U.S. amond and sapphire ornamen- Government. tation. RecdÐMarch 15, 1995. Est. ValueÐ$26,000. Archive Foreign. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24537

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... Waterford crystal bowl, signed by His Excellency John G. Bruton, Non-acceptance would cause em- artist; approximately 91¤2′′ diam- Prime Minister of Ireland. barrassment to donor and U.S. eter. RecdÐMarch 17, 1995. Government. Est. ValueÐ$650. Archive For- eign. Sterling silver bowl with etched pattern around its rim; approxi- mately 81¤2′′ diameter. RecdÐ March 17, 1995. Est. ValueÐ $1,000. Archive Foreign President ...... Gold replica of the funeral box His Excellency Konstandinos Non-acceptance would cause em- that contained the bones of Triaridhis, Minister For Macedo- barrassment to donor and U.S. King Philip of Macedonia. nia and Thrace of the Hellenic Government. RecdÐMarch 27, 1995. Est. Republic. ValueÐ$6,500. Archive Foreign. First Family ...... Two gold bracelets with garnets Her Excellency Benazir Bhutto, Non-acceptance would cause em- and diamonds. RecdÐApril 11, Prime Minister of the Islamic barrassment to donor and U.S. 1995. Est. ValueÐ$7,000. Ar- Republic of Pakistan. Government. chive Foreign. First Family ...... Marble coffee table. Approxi- His Excellency Jean-Bertrand Non-acceptance would cause em- mately 32′′ x 60′′. RecdÐMarch Aristide, President of the Re- barrassment to donor and U.S. 31, 1995. Est. ValueÐ$4,000. public of Haiti. Government. Archive Foreign. First Family ...... Two ceremonial robes in blue, His Excellency Nicephore Soglo, Non-acceptance would cause em- purple and gold. RecdÐJuly 21, President of the Republic of barrassment to donor and U.S. 1995. Est. ValueÐ$300. Ar- Benin, and Mrs. Soglo. Government. chive Foreign. First Family ...... (1) Hardcover book. ``Palau: Por- The Honorable Gloria Salii, The Non-acceptance would cause em- trait of Paradise.'' (2) Ongall (a Bilung of the Palau Islands. barrassment to donor and U.S. plate used to serve the mem- Government. bers of high ranking clan in Palau. RecdÐJuly 28, 1995. Est. ValueÐ$250. Archive For- eign. First Family ...... (1) ``Upper Canada Sketches'' by The Right Honorable Jean Non-acceptance would cause em- Thomas Conant, dated 1898. Chretien, P.C., M.P., Prime Min- barrassment to donor and U.S. (2) Eskimo greenstone carving ister of Canada. Government. of a musk ox. (3) ``Roots'' brand sports jacket RecdÐFebruary 23, 1995. Est. ValueÐ$450. Ar- chive Foreign. First Family ...... Two shalwar kameez. RecdÐ Her Excellency Benazir Bhutto, Non-acceptance would cause em- March 26, 1995. Est. ValueÐ Prime Minister of the Islamic barrassment to donor and U.S. $300. Archive Foreign. Republic of Pakistan. Government. First Family ...... (1) Silver plate that reads ``Presi- His Excellency Shankar Dayal Non-acceptance would cause em- dent of India.'' (2) Rosewood Sharma, President of India. barrassment to donor and U.S. framed wood inlay of a moun- Government. tain scene with a cottage. (3) Marble plate with inlay work and marble base. (4) Black silk and wool sari with grey paisley print. (5) Green suede belt embroi- dered with yellow thread. (6) Green suede two pocket hand- bag with border embroidery. (7) Red and gold bag that contains tea. (8) Blue velvet presentation case. RecdÐMarch 29, 1995. Est. ValueÐ$1560. Archive For- eign. President ...... Painting of three women. RecdÐ Coligny Chery, Departmental Sur- Non-acceptance would cause em- March 30, 1995. Est. ValueÐ rogate, Departement of du Nord barrassment to donor and U.S. $700. Archive Foreign. Est, Ministry of Foreign Affairs, Government. Haiti. 24538 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... Painting that features alcohol and Eric Jean Jose, Departmental Sur- Non-acceptance would cause em- cards. RecdÐMarch 30, 1995. rogate, Departement du Nord barrassment to donor and U.S. Est. ValueÐ$400. Archive For- Quest, Ministry of Foreign Af- Government. eign. fairs, Haiti. President ...... Handcrafted silver bowl. RecdÐ Her Excellency Benazir Bhutto, Non-acceptance would cause em- April 11, 1995. Est. ValueÐ Prime Minister of the Islamic barrassment to donor and U.S. $1200. Archive Foreign. Republic of Pakistan. Government. President ...... 18′′ vase with blue, gold and The Honorable Pramual Non-acceptance would cause em- green checked pattern and Sabhavasu, Member of Par- barrassment to donor and U.S. Presidential Seal on its side. liament, Thailand. Government. RecdÐApril 15, 1995. Est. ValueÐ$1200. Archive Foreign. Fabric covered presentation box. RecdÐApril 15, 1995. Est. ValueÐ$10. Archive Foreign President ...... Painting on papyrus of the Temple His Excellency Mohammad Hosni Non-acceptance would cause em- of Hatshepsut. RecdÐApril 6, Murbarak, President of the Arab barrassment to donor and U.S. 1995. Est. ValueÐ$750. Ar- Republic of Egypt. Government. chive Foreign. President ...... (1) Painting. (2) Embroidered Briere Nazaire, Departmental Sur- Non-acceptance would cause em- denim vest and dress. RecdÐ rogate, Departement de la barrassment to donor and U.S. March 30, 1995. Est. ValueÐ Grande Anse, Ministry of For- Government. $1285. Archive Foreign. eign Affairs, Haiti. President ...... Wooden statue. RecdÐMarch 30, Reynold Eustache, Departmental Non-acceptance would cause em- 1995. Est. ValueÐ$1000. Ar- Surrogate, Departement du barrassment to donor and U.S. chive Foreign. Centre, Ministry of Foreign Af- Government. fairs, Haiti. President ...... Wooden diorama that spells Ronald Pierre, Departmental Sur- Non-acceptance would cause em- ``Jaomel.'' RecdÐMarch 30, rogate, Departement du Sud barrassment to donor and U.S. 1995. Est. ValueÐ$450. Ar- Est, Ministry of Foreign Affairs, Government. chive Foreign. Haiti. President ...... Picture of Cape Haiti. RecdÐ Bell Angelot, Departmental Surro- Non-acceptance would cause em- March 30, 1995. Est. ValueÐ gate, Departement du Nord barrassment to donor and U.S. $1000. Archive Foreign. Ministry of Foreign Affairs, Haiti. Government. President ...... (1) Egg-shaped silver box with a His Excellency Fernando Non-acceptance would cause em- section of a geode embedded in Henrique Cardoso, President of barrassment to donor and U.S. its lid. (2) 90-piece bar glass the Federative Republic of Government. set. RecdÐApril 20, 1995. Est. Brazil. ValueÐ$2790. Archive Foreign. (1) Pewter medal that refers to President Cardoso's visit with President Clinton, approximately 2′′ in diameter. (2) Letter signed by President Franklin D. Roo- sevelt, dated 1/3/40. RecdÐ April 20, 1995. Est. ValueÐ $500. Archive Foreign. Grey felt covered presentation box with the seal of Brazil. RecdÐ April 20, 1995. Est. ValueÐ$20. Archive Foreign. President ...... Modern Birmingham inkwell, en- The Right Honorable John Major, Non-acceptance would cause em- graved ``10 Downing Street'' M.P., Prime Minister, United barrassment to donor and U.S. with British crest on lid and a Kingdom of Great Britain and Government. glass insert. RecdÐApril 4, Northern Ireland. 1995. Est. ValueÐ$325. Ar- chive Foreign. Three umbrellas with wooden handles. RecdÐApril 4, 1995. Est. ValueÐ$150. Archive For- eign President ...... Lead crystal compote bowl. His Excellency Vaclav Klaus, Non-acceptance would cause em- RecdÐMay 5, 1995. Est. Prime Minister of the Czech Re- barrassment to donor and U.S. ValueÐ$600. Archive Foreign. public. Government. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24539

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... Cast iron statue of Venus and The Honorable Ivan Petrovich Non-acceptance would cause em- Cupid; 201¤2'' high. RecdÐMay Rybkin, Chairman of the State barrassment to donor and U.S. 1, 1995. Est. ValueÐ$600. Ar- Duma Federal Assembly of the Government. chive Foreign. Russian Federation. President ...... Ukrainian art with an illuminated His Excellency Leonid Kuchma, Non-acceptance would cause em- electrical frame. RecdÐMay 11, President of Ukraine. barrassment to donor and U.S. 1995. Est. ValueÐ$300. Ar- Government. chive Foreign. Ukrainian vodka. RecdÐMay 11, 1995, Est. ValueÐ$180, Ac- cepted by Another Government Agency President ...... Two hardcover books in presen- Mr. Igor L. Berezovsky (Private Non-acceptance would cause em- tation cases. ``The Russian- Citizen, President of the Rus- barrassment to donor and U.S. American Company and the Ex- sian-American Company). Government. ploration of the Pacific North, 1799±1815.'' ``Commander,'' in- scribed by Valery Zubov. RecdÐMay 9, 1995. Est. ValueÐ$300. Archive Foreign. The Honorable Valeriy Zubov, Governor of Krasnoyarsk Kray, Russian Federation President ...... Silver sword with dragon scales The Honorable Ruslan Non-acceptance would cause em- detailing. RecdÐMay 11, 1995. Sultanovich Aushev, President barrassment to donor and U.S. Est. ValueÐ$750. Archive For- of the Republic of Ingushetiya, Government. eign. Russian Federation. President ...... Large metal rhinoceros sculpture. His Excellency Robert Gabriel Non-acceptance would cause em- RecdÐMay 18, 1995. Est. Mugabe, President of the Re- barrassment to donor and U.S. ValueÐ$3000. Archive Foreign. public of Zimbabwe. Government. President ...... (1) Paperback. ``From Columbus The Right Honorable Patrick Man- Non-acceptance would cause em- to Castro: The History of the ning, Prime Minister of the Re- barrassment to donor and U.S. Caribbean 1492Ð1969,'' by public of Trinidad and Tobago. Government. Eric Williams. (2) Hardcover. ``The Book of Trinidad,'' by Gerrard Besson and Bridget Brereton. (3) Paperback. ``Vio- lence: Self and the Young Male,'' edited by Arthur L. McShine. (4) 18′′×21′′ framed painting titled ``Good Lime Down the Islands,'' by Liz Gard- ner. RecdÐMay 30, 1995. Est. ValueÐ$255. Archive Foreign. President ...... Large Hungarian etched and His Excellency Gyula Horn, Prime Non-acceptance would cause em- open-cut crystal bowl decorated Minister of the Republic of Hun- barrassment to donor and U.S. with seven warrior profiles. gary. Government. RecdÐJune 6, 1995. Est. ValueÐ$2800. Archive Foreign. President ...... Tall porcelain vase with floral and The Honorable Pramual Non-acceptance would cause em- geometric motif and a cartouche Sabhavasu, Member of Par- barrassment to donor and U.S. of the Seal of the President of liament, Thailand. Government. the United States, crafted by Mr. Prasart of Thailand. Height 183¤4′′. RecdÐJune 30, 1995. Est. ValueÐ$3000. Archive For- eign. Blue fabric presentation box. RecdÐJune 30, 1995. Est. ValueÐ$20. Archive Foreign. 24540 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... (1) Standing bronze of a native His Excellency, Nicephore Soglo, Non-acceptance would cause em- African woman with a basket on President of the Republic of barrassment to donor and U.S. her head, mounted on a round Benin. Government. wooden block that reads, ``Benin.'' (2) Blue, white and purple native ceremonial robe with cap. (3) White plastic pres- entation box for coin. RecdÐ July 14, 1995. Est. ValueÐ $1600. Archive Foreign. Republic of Benin gold presen- tation coin in lucite case. RecdÐJuly 14, 1995. Est. ValueÐ$500. Archive Foreign. President ...... Vase made by Punchong Ware. His Excellency, Kim Young Sam, Non-acceptance would cause em- RecdÐJuly 26, 1995. Est. President of the Republic of barrassment to donor and U.S. ValueÐ$300. Archive Foreign. Korea. Government. President ...... 1992 gold coin encased in plastic His Excellency Armando Calderon Non-acceptance would cause em- that reads, ``Republica De El Sol, President of the Republic barrassment to donor and U.S. Salvador.'' Red velvet presen- of El Salvador. Government. tation box. RecdÐJuly 1, 1995. Est. ValueÐ$250. Archive For- eign. President ...... Large floral arrangement com- His Majesty Hassan, II, King of Non-acceptance would cause em- prised of lilies, alium, delphin- Morocco. barrassment to donor and U.S. ium, hydrangea, proteus and Government. various greens. RecdÐAugust 19, 1995. Est. ValueÐ$400. Ac- cepted by Another Government Agency. (1) Large woven basket. (2) Three Waterford crystal golf balls. (3) Waterford crystal golf club head paperweight. (4) Two Baccarat crystal golfing figures. (5) Hardcover book. ``Golf Resorts of the World,'' by Brian McCallen. (6) Four handpainted Limoges miniature golf boxes. (7) Two cobalt ceramic plates with covers embellished with gold and silver designs. (8) Small gold-tone metal basket. RecdÐAugust 19, 1995. Est. ValueÐ$3,350. Archive Foreign Chocolates and truffles. RecdÐ August 19, 1995. Est. ValueÐ $100. Accepted by Another Government Agency. Light blue goldfish bowl vase with oriental floral design. RecdÐ August 19, 1995. Est. ValueÐ $200. Archive Foreign. President ...... Sterling silver cigarette box, ap- His Excellency Ernesto Perez Non-acceptance would cause em- proximately 5′′ x 7′′. RecdÐ Balladares, President of the Re- barrassment to donor and U.S. September 6, 1995. Est. public of Panama. Government. ValueÐ$300. Archive Foreign. President ...... Antique gun with loading rod and His Excellency Sali Berisha, Presi- Non-acceptance would cause em- gun powder holder. RecdÐSep- dent of the Republic of Albania. barrassment to donor and U.S. tember 14, 1995. Est. ValueÐ Government. $300. Archive Foreign. President ...... Large vase, sculptured ``Raku The Right Honorable P.J. Patter- Non-acceptance would cause em- Pot,'' approximately 14′′ high. son, M.P., Prime Minister of Ja- barrassment to donor and U.S. RecdÐSeptember 13, 1995. maica. Government. Est. ValueÐ$300. Archive For- eign. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24541

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... Framed bronze oval icon of Saint His Holiness John Paul II ...... Non-acceptance would cause em- Peter and Saint Paul in bas-re- barrassment to donor and U.S. lief, framed and double matted Government. on brown velvet; 25′′ x 30′′. RecdÐOctober 4, 1995. Est. ValueÐ$350. Archive Foreign. President ...... Carved sterling silver pear-shaped His Excellency Ernesto Zedillo Non-acceptance would cause em- box; approximately 8′′×8′′. Ponce de Leon, President of barrassment to donor and U.S. RecdÐOctober 11, 1995. Est. the United Mexican States. Government. ValueÐ$1500. Archive Foreign. President ...... (1) Gzhel porcelain decanter. (2) His Excellency Boris Yeltsin, Non-acceptance would cause em- Stone and bronze clock. (3) President of the Russian Fed- barrassment to donor and U.S. Ceremonial sword. (4) Two eral. Government. pound silver coin made of fine silver that commemorates the 50th anniversary of the end of WW II. (5) Leather catalog case. (6) Russian military photo book. (7) Compact disc. RecdÐ May 9, 1995. Est. ValueÐ$503. Archive Foreign. President ...... Gold 10,000 Tehte coin issued by His Excellency Nursultan Non-acceptance would cause em- the National Bank of Kazakstan. Nazarbayev, President of the barrassment to donor and U.S. RecdÐOctober 25, 1995. Est. Republic of Kazakstan. Government. ValueÐ$430. Archive Foreign. Three gold coins in denominations of 5000, 2500, and 1000 Tehte, issued by the National Bank of Kazakstan. RecdÐOctober 25, 1995. Est. ValueÐ$380. Ar- chive Foreign. President ...... Framed, woven portrait of the His Excellency Islam Karimov, Non-acceptance would cause em- President, with gold back- President of the Republic of barrassment to donor and U.S. ground; 22′′×27′′. RecdÐOcto- Uzbekistan. Government. ber 25, 1995. Est. ValueÐ$350. Archive Foreign. President ...... Two wooden cases. RecdÐNo- His Excellency Maumoon Abdul Non-acceptance would cause em- vember 14, 1995. Est. ValueÐ Gayoom, President of the Re- barrassment to donor and U.S. $75. Archive Foreign. public of Maldives, And Mrs. Government. Gayoom. (1) Two hardcover books. ``Jour- ney Through Maldives,'' by Mohamed Amin, Duncan, Willetts, and Peter Marshall. ``Maldives,'' by Kurt Amsler. (2) 3′ asaa (ornamental cane) made of mother-of-pearl. (3) 5′6′′×2′6′′ woven straw mat interlaced with dried reed. RecdÐNovember 14, 1995. Est. ValueÐ$425. Archive For- eign. Canned tuna. RecdÐNovember 14, 1995. Est. ValueÐ$25. Ac- cepted by another Government Agency. President ...... Multicolored wool rug. RecdÐOc- His Excellency Heydar Aliyev, Non-acceptance would cause em- tober 24, 1995. Est. ValueÐ President of the Republic of barrassment to donor and U.S. $600. Archive Foreign. Azerbaijan. Government. President ...... Three large photo books about His Excellency Tomiichi Non-acceptance would cause em- Japan titled, ``Four Seasons in Murayama, Prime Minister of barrassment to donor and U.S. Nara,'' ``Todai Temple,'' and Japan. Government. ``Horiyu Temple.'' RecdÐNo- vember 16, 1995. Est. ValueÐ $425. Archive Foreign. 24542 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President ...... (1) Irish sculpted bog oak titled, His Excellency John G. Bruton, Non-acceptance would cause em- ``Rising Trout,'' by Kenagh Co. Prime Minister of Ireland. barrassment to donor and U.S. Longford. (2) Hand-printed cer- Government. tificate that confers a coat of arms upon the President. (3) Framed history of the Clinton surname. RecdÐDecember 1, 1995. Est. ValueÐ$950. Ar- chive Foreign. President ...... (1) 15'' tall Waterford crystal The Right Honorable Sean Dublin Non-acceptance would cause em- sculpture of a bald eagle on a Bay Loftus, The Lord Mayor of barrassment to donor and U.S. harp. Sculpture sits on a wood- Dublin Ireland. Government. en base that reads ``Presented to President Clinton by Alder- man Sean D. Dublin BayÐ Rockall LoftusÐLord Mayor of Dublin.'' (2) Scroll that confers ``Honorary freedom upon the President.'' RecdÐDecember 1, 1995. Est. ValueÐ$5050. Ar- chive Foreign. President ...... (1) Scroll. (2) Heavy wooden box His Worship, The Mayor Coun- Non-acceptance would cause em- that contains silver napkin rings. cillor John Kerr, Mayor of Derry, barrassment to donor and U.S. (3) Small pillbox. RecdÐNo- United Kingdom of Great Britain Government. vember 30, 1995. Est. ValueÐ and Northern Ireland. $300. Archive Foreign. President ...... Black leather Loewe rectangular His Excellency Felipe Gonzalez Non-acceptance would cause em- suitcase with zipper and shoul- Marquez, President of the barrassment to donor and U.S. der strap. RecdÐDecember 2, Council of Ministers of Spain. Government. 1995. Est. ValueÐ$295. Ar- chive Foreign. Leather Loewe briefcase with the monogram ``WJC.'' RecdÐDe- cember 2, 1995. Est. ValueÐ $1200. Archive Foreign. President ...... Large black ebony statue titled His Excellency Jose Eduardo dos Non-acceptance would cause em- ``Thinker.'' RecdÐDecember 8, Santos, President of the Repub- barrassment to donor and U.S. 1995. Est. ValueÐ$350. Ar- lic of Angola. Government. chive Foreign. President ...... Sterling silver sculpture of the His Excellency Richard Spring, Non-acceptance would cause em- Jeanie Johnston, a 19th century Deputy Prime Minister and Min- barrassment to donor and U.S. Irish emigrant ship; 21′′ high. ister for Foreign Affairs of Ire- Government. RecdÐDecember 4, 1995. Est. land. ValueÐ$5000. Archive Foreign. Wooden box. RecdÐDecember 4, 1995. Est. ValueÐ$25. Archive Foreign. President ...... Assorted wine, champagne, and His Majesty, Sultan Haji Hassanal Non-acceptance would cause em- food products, all from Harrods. Bolkiah, Mu'Izzaddin barrassment to donor and U.S. RecdÐDecember 20, 1995. Waddaulah, Sultan and Yang Government. Est. ValueÐ$2500. Accepted Di-Pertuan of Brunei by Another Government Agency. Darussalam. (1) Two crystal liqueur glasses. (2) Aynsley China place setting, cottage garden pattern. (3) Scented candle. (4) 1996 teddy bear. All items are from Harrods Knightsbridge. RecdÐDecem- ber 20, 1995. Est. ValueÐ$500. Archive Foreign. President ...... (1) Five bottles of Moskovskaya His Excellency Yuli M. Vorontsov, Non-acceptance would cause em- vodka. (2) Five small jars of Ambassador of the Russian barrassment to donor and U.S. Russian caviar. RecdÐDecem- Federation. Government. ber 22, 1995. Est. ValueÐ$188. Accepted by Another Govern- ment Agency. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24543

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

White and blue china teapot with lid. RecdÐDecember 22, 1995. Est. ValueÐ$50. Archive For- eign President ...... 20′′×23′′ framed photo reproduc- His Royal Highness, Sultan bin Non-acceptance would cause em- tion of President Franklin Roo- Abd a-Aziz al Saud, Second barrassment to donor and U.S. sevelt meeting with Saudi Ara- Deputy Prime Minister and Min- Government. bian King Abdul Aziz al Saud ister of Defense and Aviation of (King Fahd's father) aboard the Saudi Arabia. USS Quincy on February 14, 1945. RecdÐOctober 26, 1995. Est. ValueÐ$250. Archive For- eign. First Lady ...... Two white porcelain statues of an- His Excellency Dr. Helmut Kohl, Non-acceptance would cause em- gels playing instruments, each Chancellor of the Federal Re- barrassment to donor and U.S. 9′′ high. RecdÐFebruary 9, public of Germany. Government. 1995. Est. ValueÐ$240. Ar- chive Foreign. Petra Jercic (Private Citizen of the Federal Republic of Germany) First Lady ...... Silver tray with six small matching Mrs. Maria Zheleva, Wife of the Non-acceptance would cause em- silver sherry glasses, all or- President of the Republic of barrassment to donor and U.S. nately decorated. Brown leather Bulgaria. Government. presentation case. RecdÐFeb- ruary 13, 1995. Est. ValueÐ $250. Archive Foreign. First Lady ...... (1) Black velvet cape. (2) Small Her Royal Highness, The Princess Non-acceptance would cause em- brown leather T. Anthony suit- Lalla Hasna, Morocco. barrassment to donor and U.S. case. RecdÐMarch 15, 1995. Government. Est. ValueÐ$450. Archive For- eign. Two silk multicolored caftans. RecdÐMarch 15, 1995. Est. ValueÐ$350. Archive Foreign. First Lady ...... Wooden Empire style tabouret Her Excellency Benazir Bhutto, Non-acceptance would cause em- (table) and two chairs, all with Prime Minister of the Islamic barrassment to donor and U.S. silver metal detailing. RecdÐ Republic of Pakistan. Government. March 26, 1995. Est. ValueÐ $1000. Archive Foreign. First Lady ...... Four copies of the Holy Quran. Begum Nasreen Leghari, Wife of Non-acceptance would cause em- RecdÐMarch 26, 1995. Est. the President of the Islamic Re- barrassment to donor and U.S. ValueÐ$100. Archive Foreign. public of Pakistan. Government. Gold and imitation pearl ring, necklace, bracelet, and earring set. RecdÐMarch 26, 1995. Est. ValueÐ$5000. Archive For- eign First Lady ...... (1) Twenty books by Zulfikar Mrs. Shahnaz Wazir Ali, Special Non-acceptance would cause em- Bhutto. (2) Books about women Assistant to the Prime Minister barrassment to donor and U.S. in Pakistan and Pakistani lit- on Social Sector, Prime Min- Government. erature. RecdÐMarch 26, 1995. ister's Secretariat, Islamic Re- Est. ValueÐ$200. Archive For- public of Pakistan. eign. Ten large art prints and ten small prints by various Pakistani art- ists. RecdÐMarch 26, 1995. Est. ValueÐ$50. Archive For- eign. Ornate copper and silver footstool. RecdÐMarch 26, 1995. Est. ValueÐ$250. Archive Foreign. First Lady ...... Striped teal silk. RecdÐApril 4, Her Excellency Begum Khaleda Non-acceptance would cause em- 1995. Est. ValueÐ$20. Archive Zia, Prime Minister of the Peo- barrassment to donor and U.S. Foreign. ple's Republic of Bangladesh. Government. 24544 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Pearl and gold necklace and earrings. RecdÐApril 4, 1995. Est. ValueÐ$1,500. Archive Foreign. First Lady ...... (1) Papier mache set. (2) Marble His Excellency Shankar Dayal Non-acceptance would cause em- plate with green inlay in the Sharma, President of India. barrassment to donor and U.S. shape of an octagon. (3) Marble Government. vase. RecdÐMarch 29, 1995. Est. ValueÐ$650. Archive For- eign. Small black and white handbag with flap and metalwork design. RecdÐMarch 29, 1995. Est. ValueÐ$25. Archive Foreign. Rajastani table. RecdÐMarch 29, 1995. Est. ValueÐ$3,500. Ar- chive Foreign. First Lady ...... Inlaid marble plate with flower de- His Excellency P.V. Narasimha Non-acceptance would cause em- sign; 15′′ diameter. RecdÐ Rao, Prime Minister of India. barrassment to donor and U.S. March 29, 1995. Est. ValueÐ Government. $300. Archive Foreign. Red velvet presentation case for the plate. RecdÐMarch 29, 1995. Est. ValueÐ$25. Archive Foreign. First Lady ...... Yellow gold floral brooch set with Her Excellency Chandrika Non-acceptance would cause em- 19 round-cut sapphires, a pear- Bandaranaike Kumaratunga, barrassment to donor and U.S. shaped sapphire, four rose-cut President of the Democratic So- Government. diamonds, a pear-shaped dia- cialist Republic of Sri Lanka. mond, 16 baguette rubies, and a pear-shaped ruby. RecdÐ April 5, 1995. Est. ValueÐ $3800. Archive Foreign. First Lady ...... (1) Large wooden trunk with exte- His Royal Highness, Prince Saud Non-acceptance would cause em- rior brass detailing and red and bin Nayyif bin Abdul Aziz, Dep- barrassment to donor and U.S. gold cloth lining. (2) Box cov- uty Governor of the Eastern Government. ered with black velvet and metal Province of Saudi Arabia. decorations and lined with striped cloth. (3) Heavy green silk dress with multicolored beaded neckline; matching floor-length cape. RecdÐApril 6, 1995. Est. ValueÐ$1150. Ar- chive Foreign. (1) Silver colored necklace with large silver and red beads and silver pendant. (2) Silver col- ored metal bracelet with gold detailing. (3) Necklace with large silver pendant and ban- gles. RecdÐApril 6, 1995. Est. ValueÐ$150. Archive Foreign First Lady ...... 34′′ x 24′′ oil painting titled The Honorable Chaudhary Mu- Non-acceptance would cause em- ``Dera,'' by Khalid Igbal. RecdÐ hammad Altaf Hussain, Gov- barrassment to donor and U.S. March 27, 1995. Est. ValueÐ ernor of Punjab Province, Is- Government. $245. Archive Foreign. lamic Republic of Pakistan. First Lady ...... 5′′ x 7′′ lacquer box, by I.V. His Excellency Boris Yeltsin, Non-acceptance would cause em- Belovodov. RecdÐMay 9, 1995. President of the Russian Fed- barrassment to donor and U.S. Est. ValueÐ$650. Archive For- eration. Government eign. First Lady ...... (1)Three black lacquer nesting His Excellency Leonid Kuchma, Non-acceptance would cause em- boxes with flower design. (2) President of Ukraine. barrassment to donor and U.S. Six matching black lacquer Government. trays. RecdÐMay 11, 1995. Est. ValueÐ$300. Archive For- eign. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24545

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... (1) Seven hardcover books. Her Majesty Queen Sirikit, Queen Non-acceptance would cause em- ``Vimanmek: The World's Larg- of Thailand. barrassment to donor and U.S. est Golden Teakwood Man- Government. sion.'' ``Verses for the Royal Barge Procession,'' in gold and black case. ``Traditional Thai Ways References,'' in deco- rated case. ``Her Majesty Queen Sirikit and the Environment.'' ``Palaces of the Gods.'' ``Sup- port Foundation,'' in gold case. Yellow book in Thai. (2) Five large pieces of dyed and em- broidered silk. (3) Multicolored string with pom-poms. (4) Three straw bags. (5) Gold three-part punch bowl with blue and silver inlay work and gold serving cup and in blue presentation case. RecdÐMay 24, 1995. Est. ValueÐ$3110. Archive Foreign. First Lady ...... (1) Medium round Haida box Mrs. Aline Chretien, Wife of the Non-acceptance would cause em- made of silver with inlaid top. Prime Minister of Canada. barrassment to donor and U.S. (2) Cobalt blue round vase with Government. gilded design. RecdÐJune 15, 1995. Est. ValueÐ$1000. Ar- chive Foreign. First Lady ...... Two statues and a necklace. Her Excellency Benazir Bhutto, Non-acceptance would cause em- RecdÐJuly 13, 1995. Est. Prime Minister of the Islamic barrassment to donor and U.S. ValueÐ$1625. Archive Foreign. Republic of Pakistan. Government. First Lady ...... Necklace, earrings, and pin in the His Excellency Kim Young Sam, Non-acceptance would cause em- Korean traditional style of the President of the Republic of barrassment to donor and U.S. ``maedup'' knot. RecdÐJuly 27, Korea, and Mrs. Kim. Government. 1995. Est. ValueÐ$400. Ar- chive Foreign. First Lady ...... Arrangement of flowers including His Royal Highness Prince Ban- Non-acceptance would cause em- birds of paradise, roses, hy- dar Bin Sultan, Ambassador of barrassment to donor and U.S. drangeas, asterlilies, lilies and Saudi Arabia. Government. delphinium. RecdÐSeptember 28, 1995. Est. ValueÐ$400. Ac- cepted by Another Government Agency. White vase with blue flower and quail design and a matching plate. RecdÐSeptember 28, 1995. Est. ValueÐ$100. Ar- chive Foreign First Lady ...... Orrefors crystal compote with the Her Majesty Queen Silvia, Queen Non-acceptance would cause em- seal of Sweden. RecdÐOctober of Sweden. barrassment to donor and U.S. 5, 1995. Est. ValueÐ$1200. Ar- Government. chive Foreign. First Lady ...... Ten painted terracotta figurines Mrs. Marta Larraechea de Frei, Non-acceptance would cause em- that depict the traditional The First Lady of Chile. barrassment to donor and U.S. ``Cuasimodo'' procession. Government. RecdÐOctober 13, 1995. Est. ValueÐ$1200. Archive Foreign. First Lady ...... (1) A set of eight cloth placemats Mrs. Janice Compton, Wife of the Non-acceptance would cause em- with a floral print and eight plain Prime Minister of St. Lucia. barrassment to donor and U.S. cloth napkins. (2) Square silver Government. picture frame, 6′′×6′′. RecdÐ October 17, 1995. Est. ValueÐ $285. Archive Foreign. 24546 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... (1) Silver letter opener with ame- His Excellency Fernando Non-acceptance would cause em- thyst handle. (2) Silver cup for Henrique Cardoso, President of barrassment to donor and U.S. holding pens, pencils, and desk the Federative Republic of Government. accessories. RecdÐOctober 15, Brazil And Mrs. Cardoso. 1995. Est. ValueÐ$550. Ar- chive Foreign. First Lady ...... (1) Lapis lazuli and silver picture The Honorable Ramon Farias, Non-acceptance would cause em- frame; 61¤2′′×1¤2′′. (2) Black and Mayor of San Joaquin, Chile. barrassment to donor and U.S. copper round plaque that reads, Government. ``I. Municipalidad de San Joa- quin, Chile''; 10′′ diameter. RecdÐOctober 14, 1995. Est. ValueÐ$300. Archive Foreign. First Lady ...... Colorful wall hanging that depicts The Honorable Lidice da Mata, Non-acceptance would cause em- a woman carrying a jug on her Mayor of Salvador de Bahia, barrassment to donor and U.S. head, by a Bahia artist named Federative Republic of Brazil. Government. Kennedy. RecdÐOctober 15, 1995. Est. ValueÐ$300. Ar- chive Foreign. Six multicolored handsewn utility bags. RecdÐOctober 15, 1995. Est. ValueÐ$100. Archive For- eign First Lady ...... (1) Small lapis lazuli box. (2) His Excellency Carlos Figueroa Non-acceptance would cause em- Unframed limited edition litho- Serrano, Minister of Interior of barrassment to donor and U.S. graph of a blue house, signed the Republic of Chile, And Mrs. Government. by the artist, 86/190; 20′′×26′′. Sara Guzman de Figueroa. RecdÐOctober 13, 1995. Est. ValueÐ$300. Archive Foreign. First Lady ...... Ornamental silver buckle with am- The Honorable Paulo Ganem Non-acceptance would cause em- ulets and trinkets attached. Souto, Governor of Bahia, Fed- barrassment to donor and U.S. RecdÐOctober 15, 1995. Est. erative Republic of Brazil. Government. ValueÐ$500. Archive Foreign. First Lady ...... (1) Blue ceramic model of a Nica- Her Excellency Violeta Barrios de Non-acceptance would cause em- raguan house with tile roof. (2) Chamorro, President of the Re- barrassment to donor and U.S. Photo album of the First Lady's public of Nicaragua. Government. visit to Nicaragua. RecdÐOcto- ber 12, 1995. Est. ValueÐ$75. Archive Foreign. Rusted AK±47 rifle, symbolizing the end of military rule in Nica- ragua, on an inscribed plaque. RecdÐOctober 12, 1995. Est. ValueÐ$100. Archive Foreign (1) Woven hammock with wood poles. (2) Embroidered ecru linen tablecloth with scalloped design and four matching nap- kins. RecdÐOctober 12, 1995. Est. ValueÐ$175. Archive For- eign First Lady ...... Basket that contains 12 Liomoges His Majesty Hassan, II, King of Non-acceptance would cause em- boxes. RecdÐOctober 25, Morocco. barrassment to donor and U.S. 1995. Est. ValueÐ$3,600. Ar- Government. chive Foreign. Floral arrangement in a white vase, including hybrid lilies, lisianthus, hydrangae, roses and orchids. RecdÐOctober 25, 1995. Est. ValueÐ$500. Ac- cepted by Another Government Agency First Lady ...... Large arrangement of peach His Excellency Soeharto, Presi- Non-acceptance would cause em- roses, gladiolas, and hybrid lil- dent of the Republic of Indo- barrassment to donor and U.S. ies. RecdÐOctober 25, 1995. nesia, And Mrs. Soeharto. Government./ Est. VAlueÐ$325. Accepted by Another Government Agency Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24547

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

First Lady ...... (1) Bouquet of more than one His Royal Highness Prince Ban- Non-acceptance would cause em- hundred small pink roses. (2) dar Bin Sultan, Ambassador of barrassment to donor and U.S. Bouquet of many mixed color Saudi Arabia, Her Royal High- Government. roses. RecdÐOctober 26, 1995. ness Princess Haifa Al-Faisal. Est. ValueÐ$1,000. Accepted by Another Government Agency. First Lady ...... Sterling silver strawberry dish. His Excellency Richard Spring, Non-acceptance would cause em- RecdÐDecember 1, 1995. Est. Deputy Prime Minister and Min- barrassment to donor and U.S. ValueÐ$250. Archive Foreign. ister for Foreign Affairs of Ire- Government. land. President and First Lady ...... (1) Hudson's Bay ``Point'' blanket His Excellency The Right Honor- Non-acceptance would cause em- coat. (2) Large Medallion quilt able Romeo LeBlanc, Governor barrassment to donor and U.S. designed by Isabelle Watson. General of Canada. Government. (3) Large blue presentation box with the seal of Canada on its lid. RecdÐFebruary 24, 1995. Est. ValueÐ$1150. Archive For- eign. Hudson's Bay ``Point'' blanket coat. RecdÐFebruary 24, 1995. Est. ValueÐ$250. Archive For- eign President and First Lady ...... Leather case with five glass bot- His Majesty Hassan, II, King of Non-acceptance would cause em- tles of perfume. RecdÐMarch Morocco. barrassment to donor and U.S. 15, 1995. Est. ValueÐ$350. Ar- Government. chive Foreign. President and First Lady ...... (1) Two framed and matted His Excellency John G. Bruton, Non-acceptance would cause em- Worlidge cameos (engraved Prime Minister of Ireland. barrassment to donor and U.S. prints). ``A Woman's Head on Government. Onyx'' and ``Apollo on Black Agate.'' (2) Sterling silver plate with filigreed edges and housed in a green case; 81¤2′′ in diame- ter. RecdÐMarch 17, 1995. Est. ValueÐ$950. Archive Foreign. President and First Lady ...... (1) Navy and gold silk tie. (2) Two Her Excellency Tansu Ciller, Non-acceptance would cause em- large silk scarves. RecdÐApril Prime Minister of the Republic barrassment to donor and U.S. 21, 1995. Est. ValueÐ$300. Ar- of Turkey. Government. chive Foreign. President and First Lady ...... (1) Leather-bound book. Their Majesties The King And Non-acceptance would cause em- ``Solorzano Pereira De La Queen of Spain. barrassment to donor and U.S. Politica Indiana.'' (2) Brown Government. Loewe leather handbag. RecdÐ May 24, 1995. Est. ValueÐ $1000. Archive Foreign. President and First Lady ...... (1) Inuit sculpture in green stone. The Right Honorable Jean Non-acceptance would cause em- (2) Pair of black owl-shaped fire Chretien, P.C., M.P., Prime Min- barrassment to donor and U.S. irons. RecdÐJune 15, 1995. ister of Canada And Mrs. Government. Est. ValueÐ$275. Archive For- Chretien. eign. President and First Lady ...... Four pieces of Baccarat crystal: His Excellency Jacques Chirac, Non-acceptance would cause em- two small decanters; perfume President of the French Repub- barrassment to donor and U.S. atomizer; small bowl with lid. lic, And Mrs. Chirac. Government. RecdÐJune 15, 1995. Est. ValueÐ$865. Archive Foreign. President and First Lady ...... Two Egyptian rugs, 5′8′ and 4′6′. His Excellency Mohammad Hosni Non-acceptance would cause em- RecdÐSeptember 28, 1995. Mubarak, President of the Arab barrassment to donor and U.S. Est. ValueÐ$640. Archive For- Republic of Egypt. Government. eign. President and First Lady ...... 100 pink and white sweetheart His Royal Highness Prince Ban- Non-acceptance would cause em- roses in a glass vase. RecdÐ dar Bin Sultan, Ambassador of barrassment to donor and U.S. October 11, 1995. Est. ValueÐ Saudi Arabia, Her Royal High- Government. $500. Accepted by Another ness Princess Haifa Al-Faisal. Government Agency. 24548 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... (1) Rose colored sculpture of a Their Majesties The King and Non-acceptance would cause em- long stemmed vase. (2) Book. Queen of Norway. barrassment to donor and U.S. ``Living in Norway.'' RecdÐOc- Government. tober 30, 1995. Est. ValueÐ $350. Archive Foreign. President and First Lady ...... Copperplate engraving of a celes- Her Majesty The Queen of the Non-acceptance would cause em- tial chart, by Jan Berendt Elwe, Netherlands, And His Royal barrassment to donor and U.S. circa 1750. RecdÐNovember 8, Highness The Prince of the Government. 1995. Est. ValueÐ$1500. Ar- Netherlands. chive Foreign. Autographed picture of donors, framed in green leather. RecdÐ November 8, 1995. Est. ValueÐ$150. Archive Foreign President and First Lady ...... (1) Large intricate relief wood His Excellency Soeharto, Presi- Non-acceptance would cause em- carving of birds and foliage. (2) dent of the Republic of Indo- barrassment to donor and U.S. Three books. ``Indonesia, 1995, nesia, And Mrs. Soeharto. Government. An Official Handbook.'' ``Tanah Air [Indonesia's Biodiversity].'' ``Green Indonesia: Tropical For- est Encounters.'' (3) Silk sari with black background and yel- low, blue, green, and white print. (4) Twenty piece 800 coin cast silver tea set. RecdÐOcto- ber 27, 1995. Est. ValueÐ $5200. Archive Foreign. President and First Lady ...... (1) Two square ceramic plates Her Excellency Mary B. Robinson, Non-acceptance would cause em- that depict a crowned man and President of Ireland. barrassment to donor and U.S. are titled, ``Ri na Reann (King of Government. the Stars),'' by Cormac Boydell. (2) Irish damask tablecloth and napkins in a Celtic design, by Fingal. RecdÐDecember 1, 1995. Est. ValueÐ$1475. Ar- chive Foreign. President and First Lady ...... 81¤2′′×81¤2′′ 9′′ engraved Sperrin The Honorable Edward Turner, Non-acceptance would cause em- lead crystal bowl from donor Chairman of Strabane District barrassment to donor and U.S. and members of Strabane Dis- Council, United Kingdom of Government. trict Council. Presentation box. Great Britain and Northern Ire- RecdÐNovember 29, 1995. land. Est. ValueÐ$450. Archive For- eign. President and First Lady ...... 12′′ 16′′ sterling silver framed Their Majesties The King and Non-acceptance would cause em- photograph of the King and Queen of Spain. barrassment to donor and U.S. Queen of Spain, inscribed by Government. the donors. RecdÐDecember 2, 1995. Est. ValueÐ$300. Ar- chive Foreign. (1) Silk scarf with a pattern of women in a Spanish court . (2) 27′′×23′′ gold framed 1816 print of New York City Harbor. RecdÐDecember 2, 1995. Est. ValueÐ$320. Archive Foreign. President and First Lady ...... (1) Navy blue, red and white nylon His Excellency Fidel Ramos, Non-acceptance would cause em- golf bag with embroidered per- President of the Republic of the barrassment to donor and U.S. sonalization. (2) Navy blue Philippines, and Mrs. Ramos. Government. nylon carrying bag. (3) Cream chiffon tablecloth with pink and green flowered border and ten matching napkins. RecdÐDe- cember 5, 1995. Est. ValueÐ $575. Archive Foreign. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24549

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

President and First Lady ...... Box of Singapore orchids. RecdÐ His Excellency S.R. Nathan, Am- Non-acceptance would cause em- December 21, 1995. Est. bassador of the Republic of barrassment to donor and U.S. ValueÐ$250. Accepted by An- Singapore. Government. other Government Agency. Chelsea ...... Lapis lazuli mosaic of a bird. Her Excellency, Benazir Bhutto, Non-acceptance would cause em- RecdÐMarch 26, 1995. Est. Prime Minister of the Islamic barrassment to donor and U.S. ValueÐ$300. Archive Foreign. Republic of Pakistan. Government. Chelsea ...... Matching gold necklace, earrings Begum Nasreen Leghari, Wife of Non-acceptance would cause em- and ring. RecdÐMarch 26, the President of the Islamic Re- barrassment to donor and U.S. 1995. Est. ValueÐ$4000. Ar- public of Pakistan. Government. chive Foreign. Chelsea ...... (1) Rosewood elephant figure with His Excellency Shankar Dayal Non-acceptance would cause em- silver overlay. (2) Necklace. (3) Sharma, President of India. barrassment to donor and U.S. Carved walnut box. (4) Silk Government. dress. RecdÐMarch 29, 1995. Est. ValueÐ$1475. Archive For- eign. (1) Elephant figure. (2) Shalwar kameez. RecdÐMarch 29, 1995. Est. ValueÐ$155. Ar- chive Foreign Chelsea ...... (1) Small wooden trunk with hand- His Royal Highness Prince Saud Non-acceptance would cause em- hammered exterior brass detail- bin Nayyif bin Abdul Aziz, Dep- barrassment to donor and U.S. ing. (2) Two framed pieces of uty Governor of the Eastern Government. traditional art. (3) Matching vest Province of Saudi Arabia. and jacket made of dark and light blue cloth. (4) Embroidered black dress with multicolored stitching. (5) Maroon scarf with gold lame stitching. RecdÐApril 6, 1995. Est. ValueÐ$800. Ar- chive Foreign. Chelsea ...... (1) Silver necklace. (2) Two silver The Honorable Chaudhary Mu- Non-acceptance would cause em- cuff bracelets. RecdÐMarch 27, hammad Altaf Hussain, Gov- barrassment to donor and U.S. 1995. Est. ValueÐ$700. Ar- ernor of Punjab Province, Is- Government. chive Foreign. lamic Republic of Pakistan. Coit D. Blacker, Special Assistant (1) Prismatic Russian binoculars Yuriy Glybin, First Deputy Chair- Non-acceptance would cause em- to the President and Senior Di- in case. (2) Hardcover book. man of the State Committee, barrassment to donor and U.S. rector of Russian Affairs. ``The Art Treasures of the Mos- Russian Federation for Defense Government. cow Kremlin.'' RecdÐJuly 12, Industry Branches, Russian 1995. Est. ValueÐ$375. Gen- Federation. eral Services Administration. Ellen B. Laipson, Director, Near Silk/cotton woven rug, 3′×5′. The Honorable Jalal Talabani, Non-acceptance would cause em- East & South Asian Affairs. RecdÐJanuary 9, 1995. Est. Iraqi National Congress. barrassment to donor and U.S. ValueÐ$400. General Services Government. Administration. Anthony Lake, Assistant to the (1) 6×12 yard multicolored His Excellency FLT. Lt. Jerry John Non-acceptance would cause em- President for National Security handwoven cotton kente blan- Rawlings (Ret.), President of barrassment to donor and U.S. Affairs. ket. (2) 2′ 6′ black, green, and the Republic of Ghana. Government. yellow kente cloth. RecdÐFeb- ruary 14, 1995. Est. ValueÐ $900. Archives, Staff Gift. Anthony Lake, Assistant to the Black leather case with zippered His Excellency Dr. Helmut Kohl, Non-acceptance would cause em- President for National Security compartments. RecdÐFebruary Chancellor of the Federal Re- barrassment to donor and U.S. Affairs. 9, 1995. Est. ValueÐ$750. Ar- public of Germany. Government. chives, Staff Gift. Anthony Lake, Assistant to the 4′×61¤2′ Egyptian jacquard weave Hussein Tantawy, Field Marshal, Non-acceptance would cause em- President for National Security rug with Egyptian scene. Embassy of the Arab Republic barrassment to donor and U.S. Affairs. RecdÐOctober 25, 1995. Est. of Egypt. Government. ValueÐ$400. General Services Administration. Leon E. Panetta, Chief of Staff to (1) Cressida briefcase. (2) Chris- His Highness Sheikh Jabir Al- Non-acceptance would cause em- the President. tian Dior watch. (3) Christian Ahmad, Al-Sabah Amir of the barrassment to donor and U.S. Dior pen. (4) Mahogany box. State of Kuwait. Government. RecdÐJanuary 18, 1995. Est. ValueÐ$660. General Services Administration. 24550 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

George Stephanopoulos, Senior (1) Flag. (2) Paperweight. (3) Golf Various Government Officials, Non-acceptance would cause em- Adviser to the President for Pol- sweater and hat. (4) Necklace Greece. barrassment to donor and U.S. icy and Strategy. and pendant. (5) Video cas- Government. sette. (6) Bowl. (7) Icon. (8) Replica of a statue. (9) Relic. (10) Plaque. (11) Medal. (12) Plate. (13) Sterling silver plaque. (14) Plaque depicting Cyprus. (15) Metal and stone artwork depicting a crucifix. (16) Glass plate. (17) Wooden icon. RecdÐNovember 7, 1995. Est. ValueÐ$1678. General Serv- ices Administration. Laura D'Andrea Tyson, Chairman (1) Black leather planning diary. The Honorable Giovanni Greco, Non-acceptance would cause em- of the Council of Economic Ad- (2) Hardcover book. ``Frank Mayor, City of Sacco, Italy. barrassment to donor and U.S. visors. Lloyd Wright: The Master Government. Works.'' (3) Hardcover book. ``Tricia Guild's Country Color.'' RecdÐMarch 20, 1995. Est. ValueÐ$180. General Services Administration. Silk scarf. RecdÐMarch 20, 1995...... Est. ValueÐ$20. General Serv- ices Administration (1) Silk necktie. (2) Sterling silver wall plaque of Sacco. (3) Ster- ling silver fountain pen, made by Stipula. (4) Leather-bound scrapbook. (5) Two bookmarks made by Rizzoli. RecdÐMarch 20, 1995. Est. ValueÐ$384. General Services Administration Alexander Vershbow, Special As- Black leather briefcase. RecdÐ His Excellency Dr. Helmut Kohl, Non-acceptance would cause em- sistant to the President and February 1, 1995. Est. ValueÐ Chancellor of the Federal Re- barrassment to donor and U.S. Senior Director of European Af- $750. Archives, Staff Gift. public of Germany. Government. fairs.

AGENCY: EXECUTIVE OFFICE OF THE VICE PRESIDENT Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

The Vice President ...... Covered jar, Roman glass base His Excellency Shimon Peres, Non-acceptance would cause em- with lid, sterling silver filigree, former Minister of Foreign Af- barrassment to donor and U.S. and pearl finial. Approx. 4′′ H. fairs of Israel (Current Prime Government. RecdÐMarch 23, 1995. Est. Minister of Israel). ValueÐ$300. Archives Foreign. The Vice President ...... Rug, wool on cotton, polychrome Her Excellency Benazir Bhutto, Non-acceptance would cause em- and blue medallion on ivory Prime Minister of the Islamic barrassment to donor and U.S. field with polychrome scrolling, Republic of Pakistan. Government. six borders with dark blue main, Pakistani copy of Iranian de- sign. Approx. 4′×8′′×7′ (late 20th century). RecdÐApril 11, 1995. Est. ValueÐ$750. Resi- dence: For Official Use. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24551

AGENCY: EXECUTIVE OFFICE OF THE VICE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

The Vice President ...... Figure, gilt horse, sterling silver, His Excellency Nursultan Non-acceptance would cause em- polychrome enamel saddle Nazarbayev, President of the barrassment to donor and U.S. blanket with green nephrite and Republic of Kazakhstan. Government. carnelian cabochons, on wood and silver in-laid base. Approx. 10′′ H×13′′ L (KazakhstanÐlate 20th century). RecdÐApril 12, 1995. Est. ValueÐ$650. Ar- chives Foreign. The Vice President ...... Mantel clock, gilt metal case in His Excellency Ivan Rybkin, Chair- Non-acceptance would cause em- the Luis XV style. Approx. man, State Duma of the Rus- barrassment to donor and U.S. 131¤2′′ H (late 20th century). sian Federation. Government. RecdÐMay 1, 1995. Est. ValueÐ$375. Residence: For Official Use. The Vice President ...... Vase, Herend porcelain, flowers His Excellency Gyula Horn, Prime Non-acceptance would cause em- and butterflies design. Approx. Minister of the Republic of Hun- barrassment to donor and U.S. 61¤2′′×3′′ (Queen Victoria pat- gary. Government. tern). RecdÐJune 22, 1995. Est. ValueÐ$350. Archives For- eign. The Vice President ...... Casket, silver, lid mounted with a His Excellency Carlos Federico Non-acceptance would cause em- relief coat of arms, plaque en- Ruckauf, Vice President of the barrassment to donor and U.S. graved ``Senado de la Argentine Republic. Government. Republica Argentina,'' velvet lined (late 20th century). RecdÐOctober 19, 1995. Est. ValueÐ$850. Archives Foreign. The Vice President ...... Book of photos of donor with His Excellency Nursultan Non-acceptance would cause em- other world leaders and four Nazarbayev, President of the barrassment to donor and U.S. Kazak coins (10000, 5000, Republic of Kazakhstan. Government. 2500, and 1000 tehte). RecdÐ October 25, 1995. Est. ValueÐ $800 Archives Foreign. The Vice President ...... (1) Letter opener with gold en- His Royal Highness Abdallah bin Non-acceptance would cause em- graved handle, silver, on wood- Abd al-Aziz Al Saud, Crown barrassment to donor and U.S. en pedestal. (2) Briefcase, black Prince and Deputy Prime Min- Government. leather. (3) Books about the en- ister of Saudi Arabia. vironment. (4) Videos. RecdÐ October 27, 1995. Est. ValueÐ $500. The Vice President's Of- fice: For Official Use. The Vice President ...... Omani coffee pot, silver, chased His Majesty Sultan Qaboos bin Non-acceptance would cause em- and repousse. RecdÐOctober Said, Sultan of Oman. barrassment to donor and U.S. 30, 1995. Est. ValueÐ$450. Government. The Vice President's Senate Of- fice: For Official Use. The Vice President ...... (1) Vase, blue and white (Russia) His Excellency Yuli M. Vorontsov, Non-acceptance would cause em- Archives Foreign. (2) Five bot- Ambassador of the Russian barrassment to donor and U.S. tles of Stolichnaya vodka. Federation. Government. Approx. 750 ml. ea. White House Mess: For Official Use. (3) Five jars of caviar. Approx. 2 oz. ea. White House Mess: For Official Use. RecdÐDecember 12, 1995. Est. ValueÐ$250. 24552 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE VICE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

The Vice President and Mrs. Gore (1) Two urns, white glazed ce- His Majesty Hassan II, King of Non-acceptance would cause em- ramic with blue and gold luster Morocco. barrassment to donor and U.S. decoration. Approx. 26′′×211¤2′′ Government. (late 20th century). Residence: For Official Use. (2) Two caf- tans, gold silk with goldtone braid, belt, with velvet shawl in T. Anthony suitcases, by Farah caftans. Archives Foreign. (3) Perfume bottles, faceted glass with spray tops, set in a mauve leather lidded box with gilt tool- ing, key, lock and perfumes, monogrammed lid (MoroccoÐ late 20th century). Archives For- eign. RecdÐMarch 16, 1995. Est. ValueÐ$1,125. The Vice President and Mrs. Gore (1) Two Vases, ``Silsal'' ceramic, His Majesty Hussein I, King of the Non-acceptance would cause em- buff pottery with light green Hashemite, Kingdom of Jordan, barrassment to donor and U.S. decoration. Approx. 12′′ H and and Queen Noor. Government. 16′′ H. Mrs. Gore's Office: For Official use. (2) Vase, Swedish crystal, engraved with crown and the buildings of Petra, wood case. Approx. 93¤4′′ H. Mrs. Gore's Office: For Official Use. (3) Dagger, repousse sil- ver scabbard, horn handle (19th/20th century). Archives Foreign. (4) Frame, sterling sil- ver with gilt crown and mono- gram. Approx. 14′′×101¤2′′ (late 20th century). Archives Foreign. (5) Diplomatic orders, silvered and gilt metals, in fitted case, lapel rosette missing, by Huguenin (SwissÐlate 20th century). Archives Foreign. (6) Diplomatic orders, 18 karat yel- low and white gold with enamel set with approx. 238 round sin- gle cut diamonds, TW 4.75 car- ats, and one 25 point diamond, pendant set with 162 round dia- monds. TW 3.2 carats. Archives Foreign. RecdÐMarch 20, 1995. Est. ValueÐ$7,525. The Vice President and Mrs. Gore (1) Gold Dagger, high karat yellow His Majesty Sultan Qaboos bin Non-acceptance would cause em- gold repousse, filigree and Said, Sultan of Oman. barrassment to donor and U.S. granulation (OmanÐ20th cen- Government. tury). (2) Pendant on chain, sterling silver with gilt highlights, plain silver drops (OmanÐ20th century). (3) Two bottles of lo- tion, pure rose and pure aloe. RecdÐMarch 22, 1995. Est. ValueÐ$2,150. Archives For- eign. The Vice President and Mrs. Gore Figural group, sterling silver with His Majesty Hussein I, King of the Non-acceptance would cause em- parcel gilding depicting an Arab Hashemite, Kingdom of Jordan. barrassment to donor and U.S. on camelback, removable rifle, Government. marble base with silver crown device, by Asprey of London. Approx. 61¤2′′ H×7′′ L (late 20th century). RecdÐApril 2, 1995. Est. ValueÐ$2,000. Archives Foreign. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24553

AGENCY: EXECUTIVE OFFICE OF THE VICE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

The Vice President and Mrs. Gore (1) Two leather briefcases. (2) Silk His Majesty Fahd bin Abd al-Aziz Non-acceptance would cause em- dress, black. (3) Scarf and veil. Al Saud, Custodian of the Two barrassment to donor and U.S. (4) Books about Saudi Arabia. Holy Mosques, King of the Government. (5) Bangle bracelet, gold em- Kingdom of Saudi Arabia. bossed. (6) Purse, gold and dia- mond, in black velvet box. (7) Watch, silver with black strap, ``ROBERGE'' around dial. (8) Gold coffee pot with six cups and two silver pieces. (9) Video- tapes of camel races. RecdÐ May 30, 1995. Est. ValueÐ $26,800. Archives Foreign. The Vice President and Mrs. Gore (1) Candleholder, double, green His Excellency Viktor Non-acceptance would cause em- jasper base with two silver Chernomyrdin, Prime Minister of barrassment to donor and U.S. arms, each having a green Russia. Government. nephrite jade bobeche, red jas- per and amethyst geode back (RussiaÐlate 20th century). (2) Tray, oval, black painted metal with polychrome flowers, gilt, and faux tortoiseshell border, by Abm. Boychkov. Approx. 30′′ L (RussiaÐlate 20th century). RecdÐJune 30, 1995. Est. ValueÐ$1,050. Archives For- eign. The Vice President and Mrs. Gore (1) Medal, matte proof. 100,000 His Excellency Nicephore Soglo, Non-acceptance would cause em- francs CFA (NigeriaÐRepub- President of the Republic of barrassment to donor and U.S. lique du benin). (2) Two native Benin. Government. costumes. RecdÐJuly 14, 1995. Est. ValueÐ$600. Ar- chives Foreign. The Vice President and Mrs. Gore (1) Vase, green and white, His Excellency Viktor Non-acceptance would cause em- varigated turned marble, fitted Chernomyrdin, Prime Minister of barrassment to donor and U.S. box. Approx. 121¤2′′ H (RussiaÐ Russia. Government. late 20th century). Residence: For Official Use. (2) Casket, green jasper with a vertical band of polychrome agate, sil- ver ball feet and escutcheon with an agate boss. Approx. 71¤2′′×5′′×4′′ (RussiaÐlate 20th century). Archives Foreign. (3) Necklace, tumbled amesthestine quartz with gilt metal clasp. Approx. 18′′ L. Ar- chives Foreign. RecdÐOctober 7, 1995. Est. ValueÐ$815. The Vice President and Mrs. Gore (1) Statute, beaded with cloth Nelson Mandela, President of the Non-acceptance would cause em- shawl Approx. 2′ H. (2) Ostrich Republic of South Africa. barrassment to donor and U.S. pocketbook, black with leather Government. lining. (3) Dish, silver with raised figure of rhino on it. RecdÐDecember 5, 1995. Est. ValueÐ$1,230. Archives For- eign. Mrs. Gore ...... (1) Sculpture, green patinated His Excellency Jean-Bertrand Non-acceptance would cause em- bronze dancer, marble base, Aristide, President of the Re- barrassment to donor and U.S. signed ``E. Joseph.'' Approx. public of Haiti. Government. 18′′ H. (2) Framed painting of fruit on a vine (HaitiÐlate 20th century). RecdÐOctober 15, 1995. Est. ValueÐ$275. Ar- chives Foreign. 24554 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: EXECUTIVE OFFICE OF THE VICE PRESIDENTÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Mrs. Gore ...... Box with hinged cover, chased Mrs. Suzanne Mubarak, wife of Non-acceptance would cause em- retangular silver, footed. RecdÐ the President of Egypt. barrassment to donor and U.S. December 19, 1995. Est. Government. ValueÐ$350. Archives Foreign.

UNITED STATES SENATE Report of Tangible GiftsÐCalendar Year 1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value and current disposi- ernment justifying ernment tion or location acceptance

Bill Bradley, U.S. Senator ...... 18K gold and pearl cuff links. Kabun Muto, Chairman Liberal Non-acceptance would have RecdÐMay 4, 1995. Est. Democratic Party and Member caused embarrassment to the valueÐover $100. Deposited of the House of Representa- donor and the U.S. Govern- with the Secretary of the Senate. tions of Japan. ment. Hank Brown, U.S. Senator ...... Basket of assorted fruits, cheeses, Prime Minister Benazir Bhutto of Non-acceptance would have candies and cookies. RecdÐ Pakistan. caused embarrassment to the December 29, 1995. Est. donor and the U.S. Govern- valueÐ$150. Deposited with ment. the Secretary of the Senate. Hank Brown, U.S. Senator ...... Pakistani rug. RecdÐAugust 28, Prime Minister Benazir Bhutto of Non-acceptance would have 1995. Est. valueÐ$125. Depos- Pakistan. caused embarrassment to the ited with the Secretary of the donor and the U.S. Govern- Senate. ment. Shiela P. Burke, Secretary of the Two decorated cups RecdÐJanu- Deputy Chief of Staff, Victor A. Non-acceptance would have Senate. ary 25, 1995. Est. valueÐ$150. Yolchev, Russian Federation. caused embarrassment to the Display in the Senate office. donor and the U.S. Govern- ment. John Chafee, U.S. Senator ...... Silver box 73¤4′′×51¤2′′. RecdÐ King Hussein of the Kingdom Jor- Non-acceptance would have March 30, 1995. Est. valueÐ dan. caused embarrassment to the $120. Display in Senate office. donor and the U.S. Govern- ment. Thad Cochran, U.S. Senator ...... Polyprogylen-Olefin rug, 4.5′×6.5′. Field Marshal Hussein Tantawi, Non-acceptance would have RecdÐOctober 28, 1995. Est. Arab Republic of Egypt. caused embarrassment to the valueÐover $100. Deposited donor and the U.S. with the Secretary of the Senate. Bob Dole, U.S. Senator ...... Six-piece set of hand-painted por- Sr. Vice President of Advisory Non-acceptance would have celain dishes. RecdÐAugust 8, Council of Democratic and caused embarrassment to the 1995. Est. valueÐ$200. Depos- Peaceful Unification in the Re- donor and the U.S. Govern- ited with the Secretary of the public of Korea. ment. Senate. Bob Dole, U.S. Senator ...... Hand painted Ceramic bowl. Portuguese Minister of trade and Non-acceptance would have RecdÐMay 1, 1995. Est. Tourism, F. Faria de Oliverira. caused embarrassment to the valueÐ$120. Display in Senate donor and the U.S. Govern- office. ment. Bob Dole, U.S. Senator ...... 4′×6′ carpet. RecdÐMay 1, 1995. Prime Minister of Pakistan, Non-acceptance would have Est. valueÐ$120. Display in Benazir Bhutto. caused embarrassment to the Senate Office. donor and the U.S. Govern- ment. Bob Dole, U.S. Senator ...... Silver-plated ceremonial sword. His Excellency Sali Berisha, Presi- Non-acceptance would have RecdÐSeptember 15, 1995. dent of the Republic of Albania. caused embarrassment to the Est. valueÐover $225. Depos- donor and the U.S. Govern- ited with the Secretary of the ment. Senate. Richard G. Lugar, U.S. Senator ... Handcrafted Vase. RecdÐJuly 18, Kim Sang-Hyun, M.P. of South Non-acceptance would have 1995. Est. valueÐ$1,000± Korea. caused embarrassment to the $5,000. Deposited with the Sec- donor and the U.S. Govern- retary of the Senate. ment. Sam Nunn, U.S. Senator ...... Oil painting. RecdÐFebruary 2, President Aristide of Haiti ...... Non-acceptance would have 1995. Est. valueÐ$150. Display caused embarrassment to the in Senate office. donor and the U.S. Govern- ment. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24555

UNITED STATES SENATEÐContinued Report of Tangible GiftsÐCalendar Year 1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value and current disposi- ernment justifying ernment tion or location acceptance

Paul Simon, U.S. Senator ...... Landscape painting. RecdÐDe- Government of Mongolia ...... Non-acceptance would have cember 7, 1995. Est. valueÐ caused embarrassment to the $150±$175. Display in Senate donor and the U.S. Govern- office. ment. Arlen Specter, U.S. Senator ...... Two Pakistani carpets 4×6′. Prime Minister of Pakistan, Non-acceptance would have RecdÐAugust 28, 1995. Est. Benazir Bhutto and Farooq caused embarrassment to the valueÐ$125 each. Deposited Leghari, President of Pakistan. donor and the U.S. Govern- with the Secretary of the Senate. ment. John D. Rockefeller IV, U.S. Sen- Ceramic figurineÐcamel. RecdÐ George Yang, Vice Minister of Ec- Non-acceptance would have ator. February 1995. Est. valueÐ onomics, Taiwan. caused embarrassment to the $400. Displayed in the Sen- donor and the U.S. Govern- ator's office. ment. John D. Rockefeller IV, U.S. Sen- Ceramic figurineÐhorse. RecdÐ Jack Sun, Taiwan Aerospace, Non-acceptance would have ator. February 1995. Est. valueÐ Peoples Republic of China on caused embarrassment to the $800. Displayed in the Sen- Taiwan. donor and the U.S. Govern- ator's office. ment.

UNITED STATES SENATE Report of Travel or Expenses of TravelÐCalendar Year 1995

Brief description of travel or ex- Name and title of person accept- penses accepted as consistent ing travel expenses consistent with the interests of the U.S. Gov- Identity of foreign donor and gov- Circumstances with the interests of the U.S. Gov- ernment and occurring outside the ernment justifying acceptance ernment United States

Daniel Akaka, U.S. Senator ...... Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- April 19, 1995. ity for nuclear fuel and test tun- nel; no commercial transpor- tation available. Daniel Bob, Special Assistant for Transportation and meals within Royal Thai Government ...... Official travel to Executive Com- Asia and The Pacific Permanent Thailand, September 6±11, mittee meeting of the Asia Pa- Subcommittee on Investigations. 1995. cific Parliamentary Forum. Richard Bryan, U.S. Senator ...... Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- April 19, 1995. ity for nuclear fuel and test tun- nel; no commercial transpor- tation available. Conrad Burns, U.S. Senator ...... Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- April 19, 1995. ity for nuclear fuel and test tun- nel; no commercial transpor- tation available. David Fish, Communications Dir., Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- Senate Committee on Energy & April 19, 1995. ity for nuclear fuel and test tun- Natural Resources. nel; no commercial transpor- tation available. David Garman, Prof. Staff Mbr. Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- Senate Committee on Energy & April 19, 1995. ity for nuclear fuel and test tun- Natural Resources. nel; no commercial transpor- tation available. Arthur V. Grant, Deputy Staff Di- Transportation within Republic of Republic of Turkey ...... Official travel at invitation of Turk- rector for the Minority select Turkey, August 31, 1995. ish military; no commercial committee on Intelligence. transportation available. Karen Hunsicker, Counsel, Senate Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- Committee on Energy & Natural April 19, 1995. ity for nuclear fuel and test tun- Resources. nel; no commercial transpor- tation available. J. Robert Kerrey, U.S. Senator ..... Transportation within Republic of Republic of Turkey ...... Official travel at invitation of Turk- Turkey, August 31, 1995. ish military; no commercial transportation available. Trent Lott, U.S. Senator ...... Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- April 19, 1995. ity for nuclear fuel and test tun- nel; no commercial transpor- tation available. Gregory McGinity, Legislative As- Transportation and meals within Republic of China on Taiwan...... Official travel to meet with govern- sistant to Senator Cochran. Taiwan, August 22±29, 1995. ment officials. 24556 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

UNITED STATES SENATEÐContinued Report of Travel or Expenses of TravelÐCalendar Year 1995

Brief description of travel or ex- Name and title of person accept- penses accepted as consistent ing travel expenses consistent with the interests of the U.S. Gov- Identity of foreign donor and gov- Circumstances with the interests of the U.S. Gov- ernment and occurring outside the ernment justifying acceptance ernment United States

Frank Murkowski, U.S. Senator .... Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- April 19, 1995. ity for nuclear fuel and test tun- nel; no commercial transpor- tation available. Greg Renkes, Staff Director, Sen- Transportation within Sweden, Kingdom of Sweden...... Official travel to view storage facil- ate Committee on Energy & April 19, 1995. ity for nuclear fuel and test tun- Natural Resources. nel; no commercial transpor- tation available. Dr. Bob Simon, Science Fellow, Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- Senate Committee on Energy & April 19, 1995. ity for nuclear fuel and test tun- Natural Resources. nel; no commercial transpor- tation available. Alan Simpson, U.S. Senator ...... Transportation within Sweden, Kingdom of Sweden ...... Official travel to view storage facil- April 19, 1995. ity for nuclear fuel and test tun- nel; no commercial transpor- tation available. Christopher C. Straub, Minority Transportation within Republic of Republic of Turkey ...... Official travel at invitation of Turk- Staff Dir. Select Committee on Turkey, August 31, 1995. ish military; no commercial Intelligence. transportation available.

AGENCY: U.S. HOUSE OF REPRESENTATIVES Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment justifying ernment tion or location acceptance

James Kolbe, Member of Con- Three commemorative coins (Leb- President of the Council of Min- Non-acceptance would have gress. anon), commemorating the 30th isters of Lebanon, Fafic Hariri. caused embarrassment to Anniversary of the Central donor. Bank. Boxed presentation set, in which each coin is sealed in- dividually in plastic, and accom- panied by certificates of authen- ticity #01944 and 02067, stating that one coin is gold 22K, 26 grams, the other silver, and the third bronze. RecdÐAugust 31, 1995. Est. ValueÐ$300. To be retained by the Clerk of the House for official display. Ivan Eland ...... Food, lodging and ground trans- North Atlantic Treaty Organization Authorized by 5 U.S.C. portation within Brussels, April (NATO). 7342(c)(1)(B)(ii). 9±12, 1995. Steven P. Gallop, Rep. David One way airfare from Bonn to Federal Republic of Germany ...... Authorized by 5 U.S.C. Bonior. Berlin, Germany, food, lodging 7342(c)(1)(B)(ii). and ground transportation, April 22±May 6, 1995. Kenneth A. Kraft, Committee on One way airfare from Bonn to Federal Republic of Germany ...... Authorized by 5 U.S.C. Appropriations. Berlin, Germany, food, lodging 7342(c)(1)(B)(ii). and ground transportation, April 22±May 6, 1995. Sandra E. Latta, Rep. Bill Hefner Food lodging and ground trans- North Atlantic Treaty Organization Authorized by 5 U.S.C. portation in Belgium, February (NATO). 7342(c)(1)(B)(ii). 25±March 2, 1995. Stacey L. Windham, Rep. Carlos One way airfare from Bonn to Federal Republic of Germany ...... Authorized by 5 U.S.C. J. Moorhead. Berlin, Germany, food, lodging 7342(c)(1)(B)(ii). and ground transportation, April 22±May 6, 1995. Richard Burr, Member of Con- Food and lodging in Venezuela, Venezuela ...... Authorized by 5 U.S.C. gress. for Member and Spouse, Octo- 7342(c)(1)(B)(ii). ber 4±8, 1995. Gene Green, Member of Con- Food and lodging in Venezuela for Venezuela ...... Authorized by 5 U.S.C. gress. Member and Spouse, October 7342(c)(1)(B)(ii). 4±8, 1995. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24557

AGENCY: U.S. HOUSE OF REPRESENTATIVESÐContinued Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment justifying ernment tion or location acceptance

Jay Kim, Member of Congress ..... 3 nights lodging in Tokyo, Japan, Japan ...... Authorized by 5 U.S.C. for Member and Spouse, Au- 7342(c)(1)(B)(ii). gust 8±11, 1995. Jay Kim, Member of Congress ..... 7 nights lodging in Seoul, Korea, City of Seoul, Korea ...... Authorized by 5 U.S.C. for Member and Spouse, Au- 7342(c)(1)(B)(ii). gust 11±17, 1995. Ray LaHood, Member of Con- Food and lodging in Lebanon, for Government of Lebanon ...... Authorized by 5 U.S.C. gress. Member and Spouse, April 17± 7342(c)(1)(B)(ii). 27, 1995. Bill Richardson, Member of Con- Air transportation from Athens to Government of Yugoslavia ...... Authorized by 5 U.S.C. gress. Karageopgou, Yugoslavia to 7342(c)(1)(B)(ii). Athens, March 17±March 18, 1995. Dan Schaefer, Member of Con- Food, lodging and ground trans- Venezuela ...... Authorized by 5 U.S.C. gress. portation in Venezuela, for 7342(c)(1)(B)(ii). Member and Spouse, October 4±9, 1995.

AGENCY: OFFICE OF THE SECRETARY Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Eugene Moos, Under Secretary Handwrough Silver Box inscribed Abdel Wahab Herkal, Minister Non-acceptance would have for Farm and Foreign Services. with ``Samir El Shakankiri''. Re- Economic and Commerce, caused embarrassment to ceived: 7±18±95. Appraised Egypt. donor and U.S. Government. value: $275. Delivered to GSA: Pending. Richard Rominger, Deputy Sec- Pair of 18K yellow gold cufflinks Messrs. Kalren Muto and Hisai Non-acceptance would have retary. with approx. 51¤2 mm cultured Horenouchi, former Ministers of caused embarrassment to pearls. Received: 10/12/95. Ap- Agriculture, Japan. donor and U.S. Government. praised Value: $250. Delivered to GSA: Pending.

AGENCY: ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment justifying ernment tion or location acceptance

Dr. Donald Luchsinger, Acting Man's Concord wristwatch of high Dr. Ahmed Mustansir Billah, Vet- Gift delivered in person, non-ac- Deputy Administrator, Veterinary quality with gold color spandex erinary Consultant, United Arab ceptance would have caused Services, APHIS. band. Received: 5±95. Est. Emirates. embarrassment to donor and Value: $700. Delivered to GSA: U.S. Government. 6±27±95.

AGENCY: DEPARTMENT OF COMMERCE Report of Tangible Gifts

Gift, date of Acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment justifying ernment tion or location acceptance

Ronald H. Brown, Secretary of Sterling Silver/Gold Plate Trimmed H.E. N.K.P. Salve, Minister of Non-acceptance would have Commerce. Carafe and (2) Stemmed Power, Republic of India. caused embarrassment to Goblets. Recd.ÐJanuary 16, donor and U.S. Government. 1995. Est. ValueÐ$275. Re- ported to DOC January 31, 1995. Approved for official use. 24558 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: DEPARTMENT OF COMMERCEÐContinued Report of Tangible Gifts

Gift, date of Acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment justifying ernment tion or location acceptance

Ronald H. Brown, Secretary of Hand-Carved Beechwood Sculp- H.E. Deve Gowda, Chief Minister Non-acceptance would have Commerce. tured Replica of a Chariot with of Karnataka, Republic of India. caused embarrassment to ``King and Mahot'' Riding an donor and U.S. Government. Elephant. Recd.ÐJanuary 18, 1995. Est. ValueÐ$325. Re- ported to DOC February 3, 1995. Approved for official use. Ronald H. Brown, Secretary of Bronze Sculpture of Lady With H.S. Sharad Pawar, Chief Minister Non-acceptance would have Commerce. Mirror. Recd.ÐJanuary 19, of Marashtra State, Republic of caused embarrassment to 1995. Est. ValueÐ$325. Re- India. donor and U.S. Government. ported to DOC March 21, 1995. Approved for official use. Ronald H. Brown, Secretary of Mother of Pearl Gift Box. Recd.Ð Chairman Yasser Arafat, Palestin- Non-acceptance would have Commerce. February 2, 1995. Est. ValueÐ ian Authority, Gaza City. caused embarrassment to $275. Reported to DOC Feb- donor and U.S. Government. ruary 21, 1995. Approved for of- ficial use. Ronald H. Brown, Secretary of Royal Worcester Porcelain Tea His Royal Highness Hamad Bin Non-acceptance would have Commerce. Set (6) Demi-tasse Cups; Tea- Khalifa Al-Thani, Heir Apparent caused embarrassment to pot and Lid Recd.ÐFebruary 7, of the State of Qatar. donor and U.S.Government. 1995. Est. ValueÐ$400. Re- ported to DOC February 21, 1995. Approved for official use. Ronald H. Brown, Secretary of Sterling Silver Spurs-Pair. Recd. H.E. Narciso Irueta, Minister of Non-acceptance would have Commerce. March 27, 1995. Est. ValueÐ Transportation and Communica- caused embarrassment to $275. Reported to DOC April 6, tions, Republic of Chile. donor and U.S. Government. 1995. Approved for official use. Ronald H. Brown, Secretary of Afghan Silk CarpetÐ4′×6′ from H.E. Benazir Bhutto, Prime Min- Non-acceptance would have Commerce. Karachi Pakistan. Recd. April 6, ister, Islamic Republic of Paki- caused embarrassment to 1995. Est. ValueÐ$2500. Re- stan. donor and U.S. Government. ported to DOC April 10, 1995. Approved for official use. Ronaldl H. Brown, Secretary of Mother of Pearl Gift Box. Recd. Chairman Yasser Arafat, Palestin- Non-acceptance would have Commerce. October 28, 1995. Est. ValueÐ ian Authority, Gaza City. caused embarrassment to $275. Reported to DOC Decem- donor and U.S. Government. ber 12, 1995. Approved for offi- cial use..

AGENCY: DEPARTMENT OF DEFENSE Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Kenneth H. Bacon, Assistant to Pakistani carpet, approximately Field Marshall Mohamed Tantawi, Non-acceptance would have the Secretary of Defense (Pub- 7′×5′, Black and green. RecdÐ Minister of Defense and Military caused embarrassment to lic Affairs). January 8, 1995. Est. ValueÐ Production of Egypt. donor & U.S. Government. $500. Approved for official dis- play. Kenneth H. Bacon, Assistant to Men's Eterna wristwatch, 18 ct. Isa bin Salman Al Khalifa, Amir of Non-acceptance would have the Secretary of Defense (Pub- gold, in reddish-brown con- Bahrain. caused embarrassment to lic Affairs). tainer. RecdÐMarch 21, 1995. donor & U.S. Government. Est. ValueÐ$7,500. Reported to GSA June 1, 1995. Ashton B. Carter, Assistant Sec- 100% wool handmade Turkish Lieutenant General Safer Abyiyev, Non-acceptance would have retary of Defense (International Kalin Rug, 4′9′′×7′9′′. Shades of Minister of Defense, Azerbaijan. caused embarrassment to Security Policy). Red with Diamonds. RecdÐNo- donor & U.S. Government. vember 3, 1955. Est. ValueÐ $1,500. Pending transfer to GSA. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24559

AGENCY: DEPARTMENT OF DEFENSEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Lillian Gonzalez, Director, DoD Ladies 18 carat round gold face Isa bin Salman Al Khalifa Amir of Non-acceptance would have Dependents Schools, DoD Edu- wrist watch with 18 carat gold Bahrain. caused embarrassment to cation Activity. wrist band (ID #16733 9 over donor & U.S. Government. 2199408). RecdÐMarch 1, 1995. Est. ValueÐ$7,500. Re- ported to GSA June 1, 1995. Robert Hall, Special Assistant to Men's 18 carat gold watch and Isa bin Salman Al Khalifa, Amir of Non-acceptance would have the Secretary and Deputy Sec- band by Eterna, in reddish- Bahrain. caused embarrassment to retary of Defense. brown container. RecdÐMarch donor & U.S. Government. 21, 1995. Est. ValueÐ$7,500. Pending transfer to GSA. Paul G. Kaminski, Under Sec- Replica dueling pistol, wooden Deputy Minister of National De- Non-acceptance would have retary of Defense (Acquisition stock. RecdÐFebruary 24, fense for Armament and Military caused embarrassment to and Technology). 1995. Est. ValueÐ$269. Ap- Infrastructure Warsaw Jan donor & U.S. Government. proved for official display. Kuriata, Poland. Paul J. Kern, Major General, USA Egyptian Rug, approximately Field Marshall Mohamed Tantawi, Non-acceptance would have Senior Military Assistant to Sec- 7′×5′, black and green. RecdÐ Minister of Defense and Military caused embarrassment to retary of Defense. January 7, 1995. Est. valueÐ Production of Egypt. donor & U.S. Government. $500. Approved for official dis- play. Paul J. Kern, Major General, USA Pakastini Rug (Maroon back- Chief of Staff General Abdul Non-acceptance would have Senior Military Assistant to Sec- ground), approximately 6′×41¤2′. Waheed, Pakistan Army. caused embarrassment to retary of Defense. RecdÐJanuary 11, 1995. Est. donor & U.S. Government. ValueÐ$1100. Approved for of- ficial display. David H. Labuhn, Acting Chief, Man's silver and gold Baume & Isa bin Salman Al Khalifa Amir of Non-acceptance would have Executive Services Division, Eu- Mercier Geneve, 18 carat gold Bahrain. caused embarrassment to rope Region, DoD Education wristwatch in a gray tri-fold box, donor & U.S. Government. Agency. Serial Number 1796. RecdÐ March 21, 1995. Est. ValueÐ $2,025. Pending transfer to GSA. Joseph S. Nye, Jr., Assistant Sec- Pakistani Rug, approximately Chief of Staff General Abdul Non-acceptance would have retary of Defense, International 3′2′′×5′5′′, silk brown/blue with Waheed, Pakistan Army. caused embarrassment to Security Affairs. cream center. RecdÐJanuary donor & U.S. Government. 11, 1995. Est. ValueÐ$1,500. Approved for official display. Joseph S. Nye, Jr., Assistant Sec- Man's 18 carat gold Eterna Swiss Isa bin Salman Al Khalifa, Amir of Non-acceptance would have retary of Defense, International wristwatch (Serial Number Bahrain. caused embarrassment to Security Affairs. 5001.68.60) in cherry lacquered donor and U.S. Government. wood box. RecdÐMarch 17, 1995. Est. ValueÐ$7,500. Pending transfer to GSA. Joseph S. Nye, Jr., Assistant Sec- Silver Box, approximately 5±1¤2′′ x Peru Minister of Defense, Malca Non-acceptance would have retary of Defense, International 8±1¤2′′, Sterling 925 on back, in caused embarrassment to Security Affairs. a green box. RecdÐJuly 26, donor and U.S. Government. 1995. Est. ValueÐ$500. Pend- ing transfer to GSA. Joseph S. Nye, Jr., Assistant Sec- Gold Egyptian Cuff Links in gray Lt. General Salah Halaby, Chief of Non-acceptance would have retary of Defense, International box. RecdÐNovember 27, Staff Egyptian Armed Forces. caused embarrassment to Security Affairs. 1995. Est. ValueÐ$450. Pend- donor and U.S. Government. ing transfer to GSA. ADM William A. Owens, Vice Turkish wool rug, 3′ x 10′′ x 7′, General Cevik Bir, Deputy Chief Non-acceptance would have Chairman of the Joint Chiefs of Gold ground with two repeated of the Turkish General Staff, caused embarrassment to Staff. center surround by 7 borders, Ankara Turkey. donor and U.S. Government. cream background. RecdÐNo- vember 24, 1995. Est. ValueÐ $1,500. Approved for official display. William J. Perry, Secretary of De- 100% silk carpet, Cream center Field Marshal Mohamed Hussein Non-acceptance would have fense. background with ``Tree of Life'', Tantawi, Minister of Defense caused embarrassment to 3′3′′ x 4′11′′ in green velour and Military Production of Egypt. donor and U.S. Government. case. RecdÐJanuary 7, 1995. Est. ValueÐ$3,500. Approved for official display. 24560 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: DEPARTMENT OF DEFENSEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

William J. Perry, Secretary of De- 100% silk carpet, Cream center Field Marshal Mohamed Hussein Non-acceptance would have fense. background with Tree of Life Tantawi, Minister of Defense caused embarrassment to with bird design, 3′4′′ x 5′ in and Military Production of Egypt. donor and U.S. Government. same green velour case, as de- scribed above. RecdÐJanuary 7, 1995. Est. ValueÐ$3,500. Approved for official display. William J. Perry, Secretary of De- Bracelet, 22 carat cartouche in Field Marshal Mohamed Hussein Non-acceptance would have fense. blue velour box, approximately Tantawi, Minister of Defense caused embarrassment to 21¤3′′ x 91¤2''. RecdÐJanuary 7, and Military Production, Repub- donor and U.S. Government. 1995. Est. ValueÐ$350. Ap- lic of Egypt. proved for official display. William J. Perry, Secretary of De- Three stranded ruby necklace with Field Marshal Mohamed Hussein Non-acceptance would have fense and Mrs. Perry. gold colored and single pearl Tantawi, Minister of Defense caused embarrassment to with silver clasp, in a reddish- and Military Production, Repub- donor and U.S. Government. orange velour box, approxi- lic of Egypt. mately 8′′ x 91¤2′′ x 11¤2′′. RecdÐJanuary 10, 1995. Est. ValueÐ$950. Reported to GSA March 15, 1995. William J. Perry, Secretary of De- Silver jewelry box, 5′′ x 7′′x 1.5′′. Prime Minister Benazir Bhutto, Is- Non-acceptance would have fense. RecdÐJanuary 10, 1995. Est. lamic Republic of Pakistan and caused embarrassment to ValueÐ$250. Approved for offi- Mr. Asif Ali Zardari, MNA. donor & U.S. Government. cial display. William J. Perry, Secretary of De- Perisan Rug, beige background, Air Chief Marshal Farooq F. Khan, Non-acceptance would have fense. approximately 71¤2′ x 41¤2′. CJCCS Committee, Pakistan. caused embarrassment to RecdÐJanuary 12, 1995. Est. donor & U.S. Government. ValueÐ$1,400. Approved for of- ficial display. William J. Perry, Secretary of De- Persian Rug, approximately 51¤2′ x Air Chief Marshal Farooq F. Khan, Non-acceptance would have fense. 31¤2′ red, beige and green. CJCS Committee Pakistan. caused embarrassment to RecdÐJanuary 12, 1995. Est. donor & U.S. Government. ValueÐ$900. Approved for offi- cial display. William J. Perry, Secretary of De- Black 32 revolver with inscription Shri S.B. Chavan, Home Minister, Non-acceptance would have fense. ``Presented to Dr. William J. Republic of India. caused embarrassment to Perry, Secretary of Defense, donor & U.S. Government. United States of America by Shri S.B. Chavan Home Min- ister Republic of India 12th Jan- uary 1995 New Delhi'' Serial Number A2056. RecdÐJanuary 12, 1995. Est. ValueÐ$325. Approved for official display. William J. Perry, Secretary of De- Gold and silver dagger with MajGen Abdulrahman M. Alkami, Non-acceptance would have fense. Sheath. Sheath also gold and Saudi Arabia. caused embarrassment to silver with carvings. RecdÐ donor & U.S. Government. March 19, 1995. Est. ValueÐ $350. Approved for official dis- play. William J. Perry, Secretary of De- Gold Rolex watch and Rolex Isa bin Salman Al Khalifa, Amir of Non-acceptance would have fense. notepad. RecdÐMarch 21, Bahrain. caused embarrassment to 1995. Est. ValueÐ$15,900. Ap- donor & U.S. Government. proved for official display. William J. Perry, Secretary of De- Pearl Necklace. RecdÐMarch 21, The Gem and Pearl Testing, Lab- Non-acceptance would have fense. 1995. Est. ValueÐ$5,000. oratory of Bahrain. caused embarrassment to Pending transfer to GSA. donor & U.S. Government. William J. Perry, Secretary of De- Gold dagger with sheath. Sheath Hamad Bin Khalifa Al-Thani, Heir Non-acceptance would have fense. has diamond and rubies laid in Apparent and Minister of De- caused embarrassment to carved settings. RecdÐMarch fense of the State Qatar. donor & U.S. Government. 22, 1995. Est. ValueÐ$10,000. Approved for official display. Mrs. William J. Perry, Wife of Sec- Gold plated brooch, 18 carat gold. Mrs. Oscar Camilion, wife of Min- Non-acceptance would have retary of Defense. RecdÐJuly 25, 1995. Est. ister of Defense, Argentina. caused embarrassment to ValueÐ$750. Approved for offi- donor & U.S. Government. cial display. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24561

AGENCY: DEPARTMENT OF DEFENSEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

William J. Perry, Secretary of De- Topaz Stones and Gold letter Ministerial Division of Brazil ...... Non-acceptance would have fense. opener. RecdÐAugust 4, 1995. caused embarrassment to Est. ValueÐ$296. Approved for donor & U.S. Government. official display. William J. Perry, Secretary of De- Green and gold glass table center Vilen Holan, Minister of Defense, Non-acceptance would have fense. piece with white flowers and six Czech Republic. caused embarrassment to (6) matching bowls. Red and donor and U.S. Government. gold glass vase with white flow- ers. RecdÐSeptember 26, 1995. Est. ValueÐ$285. Ap- proved for official display. William J. Perry, Secretary of De- Brown and golden prayer rug with Major General Rustam Akhmedov, Non-acceptance would have fense. Dr. Perry's face center, approxi- Minister of Defense, Uzbekistan. caused embarrassment to mately 5′ x 7′. RecdÐOctober donor and U.S. Government. 13, 1995. Est. ValueÐ$450. Approved for official display. William J. Perry, Secretary of De- Cherry wood box, with silver plate Thage G. Peterson, Minister of Non-acceptance would have fense. and Orrefors crystal bowl inside. Defense, Sweden. caused embarrassment to RecdÐOctober 16, 1995. Est. donor and U.S. Government. ValueÐ$400. Approved for offi- cial display. William J. Perry, Secretary of De- Gold Nefertiti key chain and cuff Field Marshal Mohamed Tantawi, Non-acceptance would have fense. links in green jewelry box; black Minister of Defense and Military caused embarrassment to binoculars in a black leather Production of Egypt. donor and U.S. Government. case, inside red velvet box; two pots, one tall and one shorter. RecdÐOctober 19, 1995. Est. ValueÐ$1,350. Approved for of- ficial display. Mrs. William Perry, Wife of Sec- Two black boxes with sets of Mrs. Hussein Tantawi, wife of Non-acceptance would have retary of Defense. Nefertiti earrings, 18 carat pos- Minister of Defense of Egypt. caused embarrassment to sibility; Gold Necklace with donor and U.S. Government. three charms inscribed with Egyptian writing in blue jewelry box. RecdÐOctober 19, 1995. Est. ValueÐ$870. Approved for official display. William J. Perry, Secretary of De- MP±5 9mm gun in brown leather Prince Sultan of Saudi Arabia, Non-acceptance would have fense. case; strap and clip contained Minister of Defense. caused embarrassment to inside case. RecdÐOctober 25, donor and U.S. Government. 1995. Est. ValueÐ$3,500. Ap- proved for official display. William J. Perry, Secretary of De- M1 Garand Rifle mounted on Hans Haekkerup, Minister of De- Non-acceptance would have fense. wood with gold plate. RecdÐ fense, Denmark. caused embarrassment to November 22, 1995. Est. donor and U.S. Government. ValueÐ$1,300. Approved for of- ficial display. Mrs. William J. Perry, Wife of Sec- Amber necklace, earring, bracelet Mrs. Linkeviciene, wife of Minister Non-acceptance would have retary of Defense. and brooch set. RecdÐNovem- of National Defense, Lithuania. caused embarrassment to ber 22, 1995. Est. ValueÐ$600. donor and U.S. Government. Approved for official display. LT GENERAL Thomas G. Rhame, Man's 18K Eterna wristwatch, Se- Lieutenant General Khalifa bin Non-acceptance would have Army, Director, Defense Secu- rial Number 5001.68, in reddish Ahmad Al Khalifa, Defense Min- caused embarrassment to rity Assistance Agency. brown container. RecdÐJanu- ister, Bahrain Defense Forces. donor & U.S. Government. ary 21, 1995. Est. ValueÐ $7,500. Reported to GSA June 1, 1995. Alina Romanowski, Acting Direc- Single-strand, ladies graduated Isa Bin Salman Al Khalifa, Amir of Non-acceptance would have tor, Middle East Region, Inter- pearl necklace with 18 carat Bahrain. caused embarrassment to national Security Affairs. gold clasp in a reddish-orange donor & U.S. Government. case. RecdÐJanuary 24, 1995. Est. ValueÐ$1,000. Reported to GSA June 1, 1995. GENERAL John M. Shalikashvili, 9 mm Pistol. RecdÐMarch 7, Lieutenant General Mario Diaz, Non-acceptance would have Chairman, Joint Chiefs of Staff. 1995. Est. ValueÐ$450. Ap- Chief of the General Staff, Ar- caused embarrassment to proved for official use. gentina. donor & U.S. Government. 24562 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: DEPARTMENT OF DEFENSEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

GENERAL John M. Shalikashvili, Rifle, 30 caliber, with scope, Se- Mr. Blagoja Handziski, Minister of Non-acceptance would have Chairman, Joint Chiefs of Staff. rial Number: #100279. RecdÐ Defense, Macedonia. caused embarrassment to October 13, 1995. Est. ValueÐ donor & U.S. Government. $675. Pending transfer to GSA. GENERAL John M. Shalikashvili, Pistol, 9 mm, Model #P94DC Federal Forces of Bosnia, Non-acceptance would have Chairman, Joint Chiefs of Staff. (Sturm Ruger & Co. INC), Serial Herzegovina Sarajevo, Bosnia. caused embarrassment to Number 308±05953. RecdÐOc- donor & U.S. Government. tober 14, 1995. Est. ValueÐ $329.95. Pending transfer to GSA. Frederick C. Smith, Office of Single-strand graduated pearls Isa bin Salman Al Khalifa, Amir of Non-acceptance would have Under Secretary of Defense with 18 carat gold clasp in a Bahrain. caused embarrassment to (Policy). black velvet case; Men's 18 donor & U.S. Government. carat gold Eterna wristwatch, Serial Number 5001.68.60, and matching cuff links. RecdÐFeb- ruary 1, 1995. Est. ValueÐ $9,250. Reported to GSA, June 1, 1995. COL Albert A. Washington, Coun- Men's Eterna wristwatch, Serial Lieutenant General Khalifa bin Non-acceptance would have try Director for Persian Gulf Af- Number 2001.20.60, with Bah- Ahmad Al Khalifa, Defense Min- caused embarrassment to fairs, Middle East and African rain Defense Force seal in blue ister, Bahrain Defense Forces. donor & U.S. Government. Affairs, International Security Af- container. RecdÐJanuary 23, fairs. 1995. Est. ValueÐ$750. Pend- ing transfer to GSA. Marilyn Witcher, Public Affairs Of- Ladies watch, 18 carat gold and Ahmad Al Khalifa, Defense Min- Non-acceptance would have ficer, Department of Defense, stainless wrist band with octag- ister, Bahrain Defense Forces. caused embarrassment to Office of Dependents Education, onal face outline in 18 carat donor & U.S. Government. Education Agency. gold, ID #5231 above 2207190. RecdÐMarch 1, 1995. Est. Value $1,500. Reported to GSA June 1, 1995. Molly K. Williamson, Deputy As- Women's wristwatch, 18 carat Isa bin Salman Al Khalifa, Amir of Non-acceptance would have sistant Secretary of Defense for gold, Eterna, Serial Number Bahrain. caused embarrassment to Middle East and African Affairs, 5601.68 in reddish-brown con- donor & U.S. Government. International Security Affairs. tainer. RecdÐMarch 23, 1995. Est. ValueÐ$4,500. Reported to GSA June 1, 1995.

AGENCY: DEPARTMENT OF THE AIR FORCE Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Colonel Neil G. Kacena, USLO Three-piece tea set of gold, silver, H.E. Brigadier Shaykh Moham- Non-acceptance would have Doha, Qatar. and crystal. RecdÐJune 14, med bin Fahd al-Thain, Asst caused embarrassment to the 1994. Est. ValueÐ$771.00. On Chief of Staff for Operations, U.S. Government. official display in USLO's office. Planning, and Training Qatar Armed Forces. Special Agent Joseph G. Gift certificate in the amount of Senior Superintendent Yong-Che, Non-acceptance would have Lukowski, AFOSI Det 614/CC, $250.00. RecdÐDecember 22, Foreign Affairs Division II, Seoul caused embarrassment to the Yongsan Army Garrison, Seoul, 1994. Est. ValueÐ$250.00. Do- Metropolitan Police. U.S. Government. Korea. nated to the Hye-Shim-Won Children's Orphanage, Seoul, Korea, January 10, 1995. General Ronald R. Fogleman, Baccarat decanter with French Air General Douin, French Air Force Non-acceptance would have Chief of Staff, USAF. Force Seal Engraved on front; Chief of Staff. caused embarrassment to decanter is 14 inches high with donor & U.S. Government. a triangular-cut lid. RecdÐApril 21, 1995. Est. ValueÐ$587.00. On official permanent display at Air House. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24563

AGENCY: DEPARTMENT OF THE AIR FORCEÐContinued Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

General Ronald R. Fogleman, Gold chain and crown pendant. General Ababhneh, Chief of Staff, Non-acceptance would have Chief of Staff, USAF. RecdÐAugust 8, 1995. Est. Jordanian Air Force. caused embarrassment to ValueÐ$500.00. On official dis- donor & U.S. Government. play/use at Air House. General Ronald R. Fogleman, Pearl necklace with six strands of Lieutenant General Ching-Ying, Non-acceptance would have Chief of Staff, USAF. small pearls. RecdÐOctober 2, Chief of Staff, Taiwan Air Force. caused embarrassment to 1995. Est. ValueÐ$300.00. On donor & U.S. Government. official display/use at Air House. General Henry Viccellio, Jr., (then) Cufflinks and tie bar set with offi- Lieutenant General Fernando Non-acceptance would have Commander, Air Education and cial seal of the Air Force of Re- Rojas-Vender, Chief of Staff, Air caused embarrassment to the Training Command. public of Chile set in 18K gold Force. U.S. Government. on blue lapislazuli stone mount- ed and set in 18K gold. RecdÐ September 1993. Est. ValueÐ $662.23. Turned in to GSA, Oc- tober 25, 1995. The Honorable Sheila Widnall, Engraved pitcher and six glasses. Mr. Zigniew Obzony, Minister of Non-acceptance would have Secretary of the Air Force. RecdÐAugust 1, 1995. Est. Defense, Poland. caused embarrassment to the ValueÐ$250.00. On official dis- U.S. Government. play in the office of the Sec- retary of the Air Force.

AGENCY: DEPARTMENT OF THE ARMY Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Gen J.H. Binford Peay, III, Com- 18kt Eterna Watch. RecdÐ1995. Isa Bin Salman Al Khalifa, Amir of Non-acceptance would have mander in Chief, U.S. Central Est. ValueÐ$6,875.00. Re- Bahrain. caused embarrassment to the Command, MacDill AFB, Florida ported to GSA July 20, 1995. donor & U.S. Government. 33621. Pending Transfer to GSA. Gen. J.H. Binford Peay, III, Com- One Oriental Rug (4′×6′). RecdÐ GEN Abdul Waheed, Chief of Non-acceptance would have mander in Chief, U.S. Central 1995. Est. ValueÐ$1,800.00. Chief, Pakistan. caused embarrassment to the Command, MacDill AFB, Florida Reported to GSA July 20, 1995. donor & U.S. Government. 33621. Approved for official display. GEN Barry R. McCaffrey, Com- Three-piece Sterling Silver Set GEN Hermosa Rios, Peruvian Non-acceptance would have mander in Chief, U.S. Southern (two silver roosters and a silver Army. caused embarrassment to the Command, APO AA 34003. and mirror tray). RecdÐNovem- donor & U.S. Government. ber 3, 1994. Est. ValueÐUn- known. Reported to GSA July 20, 1995. Approved for official display. GEN Barry R. McCaffrey, Com- L1.A1 (FAL type) 7.62mm Rifle COL McPherson, Chief of Staff of Non-acceptance would have mander in Chief, U.S. Southern (Serial #AD 6712029). RecdÐ the Guyana Defense Force. caused embarrassment to the Command, APO AA 34003. January 18, 1995. Est. ValueÐ donor & U.S. Government. Unknown. Reported to GSA July 20, 1995. Approved for offi- cial display. MG William L. Nash, U.S. Army Tag Heuer Series 4000 Men's Prince Faisal bin Abdullah Mo- Non-acceptance would have Program Manager, Saudi Ara- Sports Watch. RecdÐDecem- hammed, Deputy, Western Re- caused embarrassment to the bian National Guard Moderniza- ber 5, 1994. Est. ValueÐ gion, Saudi Arabian National donor & U.S. Government. tion, APO AE 09803±1304. $895.00. Reported to GSA July Guard. 20, 1995. Approved for official use. GEN J.H. Binford Peay, III, Com- Sword in Presentation Case. MG Hamad Bin Abdulla Al-Thani, Non-acceptance would have mander in Chief, U.S. Central RecdÐDecember 1994. Est. State Minister for Defense, caused embarrassment to the Command, MacDill AFB, Florida ValueÐ$1,369.86. Reported to Qatar. donor & U.S. Government. 33621. GSA July 20, 1995. Approved for official display. 24564 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: DEPARTMENT OF THE ARMYÐContinued Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

GEN J.H. Binford Peay, III, Com- Inlaid jewelry box with inlaid Bible. MG Mohammed Khair Ababneh, Non-acceptance would have mander in Chief, U.S. Central RecdÐMarch 29, 1995. Est. Chief of Staff, Royal Jordanian caused embarrassment to the Command MacDill AFB, Florida ValueÐ$426.92. Reported to Air Force. donor and U.S. Government. 33621. GSA July 20, 1995. Approved for official display. GEN J.H. Binford Peay, III, Com- One Oriental Rug (5′×8′). RecdÐ MG Abdul Waheed, Chief of Staff, Non-acceptance would have mander in Chief, U.S. Central August 1995. Est. ValueÐ Pakistan. caused embarrassment to the Command, MacDill AFB, Florida $2,700.00. Pending a report to donor and U.S. Government. 33621. GSA. Approved for official dis- play. MG Peter J. Schoomaker, Com- Heckler & Koch USP 9mm Pistol COL Swalomir Petelicki, Leader of Non-acceptance would have mander, JSOC, Fort Bragg, NC (Serial # 24±16966). RecdÐ the Polish National Special caused embarrassment to the 28307. May 18, 1995. Est. ValueÐ Forces. donor and U.S. Government. $585.00. Reported to GSA July 20, 1995. Approved for official display. GEN J.H. Binford Peay, III, Com- One Oriental Rug (3′×5′). RecdÐ Admiral Haque, Chief of Navy Non-acceptance would have mander in Chief, U.S. Central August 1995. Est. ValueÐ Staff, Pakistan. caused embarrassment to the Command, MacDill AFB, Florida $900.00. Pending a report to donor and U.S. Government. 33261. GSA. Approved for official dis- play. GEN J.H. Binford Peay, III, Com- One Longines Watch (Men's). GEN Abdul Hafiz Marei, Chief of Non-acceptance would have mander in Chief, U.S. Central RecdÐOctober 1995. Est. the Joint Staff, Jordan. caused embarrassment to the Command, MacDill AFB, Florida ValueÐ$395.00. Pending trans- donor and U.S. Government. 33261. fer to GSA. MG David R.E. Hale, Deputy Painting (depicts the posthumous BG J.K. Verma, Commander of Non-acceptance would have Commander, U.S. Army, Pacific, presentation of the Victoria the Indian Army Rajputana Ri- caused embarrassment to the Fort Shafter, HI 96858. Cross to a member of the fles Regiment. donor and U.S. Government. Rajputana Rifles Regiment). RecdÐNovember 17, 1994. Est. ValueÐUnknown. Reported to GSA July 20, 1995. Ap- proved for official display. Mr. Gerard P. DeVeaux, Civilian, Clipboard, set of cuff links, LTC Abdullah Shaman Al-Anzey, Non-acceptance would have U.S. Central Command, MacDill Sheaffer ball point pen set, two Royal Saudi Land Forces Infan- caused embarrassment to the AFB, Florida 33261. Longines wrist watches, coin try Corps. donor and U.S. Government. with Saudi Infantry Corps logo, key holder with Saudi Corps logo, leather billfold with Saudi Infantry Corps logo, leather note pad, leather key holder, and leather attache case. RecdÐ January 1995. Est. ValueÐ $1,365.15. Reported to GSA July 20, 1995. Pending sale to the recipient. COL Geoffrey G. Prosch, U.S. One Longines Wrist Watch. LTG Mahayya, Royal Saudi Land Non-acceptance would have Military Training Mission To RecdÐAugust 13, 1994. Est. Forces. caused embarrassment to the Saudi Arabia, APO AE 09803± ValueÐ$644.00. Pending a re- donor and U.S. Government. 1300. port to GSA. BG Lon E. Maggart, Commander, Stainless Steel Sword with gold- COL Ahmed AL-Shahri, Saudi Non-acceptance would have U.S. Army Armor Center and filled hilt and scabbard. RecdÐ Arabian Liaison Officer. caused embarrassment to the Fort Knox, Fort Knox, KY June 19, 1995. Est. ValueÐ donor and U.S. Government. 40121±5000. $250.00. Reported to GSA Sep- tember 21, 1995. Pending sale to the recipient. BG Robert R. Ivany, Assistant Di- Man's Jovial Watch (serial #7017) Ahmed Al Mullah of Kuwait ...... Non-acceptance would have vision Commander, 2d Armored and Woman's Jovial Watch (se- caused embarrassment to the Division, Fort Hood, TX 76544. rial #7017). RecdÐJuly 1, 1995. donor and U.S. Government. Est. ValueÐUnknown. Reported to GSA September 21, 1995. Pending transfer to GSA. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24565

AGENCY: DEPARTMENT OF THE ARMYÐContinued Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

BG Robert R. Ivany, Assistant Di- Man's Yves Saint Laurent stain- Ali Al-Atesi, J±3, Kuwait Organiza- Non-acceptance would have vision Commander, 2d Armored less steel watch (serial #03±D± tional Director. caused embarrassment to the Division, Fort Hood, TX 76544. 01859). RecdÐJuly 1, 1995. donor and U.S. Government. Est. ValueÐUnknown. Reported to GSA September 21, 1995. Pending transfer to GSA. BG Robert R. Ivany, Assistant Di- Man's Christian Dior Watch with BG Rashid, J±3, Kuwait Armed Non-acceptance would have vision Commander, 2d Armored leather strap (serial #D45±154). Forces. caused embarrassment to the Division, Fort Hood, TX 76544. RecdÐJanuary 18, 1995. Est. donor and U.S. Government. ValueÐUnknown. Reported to GSA September 21, 1995. Pending transfer to GSA. GEN Gordon Sullivan, Chief of Silver Cups. RecdÐJanuary 1994. Chief of Staff, Greek Army ...... Non-acceptance would have Staff, Army, Pentagon, Wash- Est. ValueÐ$530.00. Reported caused embarrassment to the ington, DC. to GSA September 21, 1995. donor and U.S. Government. Pending transfer to GSA. GEN Gordon Sullivan, Chief of Chandelier and matching lamps. Chief of Staff, Philippine Army ...... Non-acceptance would have Staff, Army, Pentagon, Wash- RecdÐMarch 1992. Est. caused embarrassment to the ington, DC. ValueÐ$295.00. Reported to donor and U.S. Government. GSA September 21, 1995. Pending transfer to GSA. GEN Gordon Sullivan, Chief of Presentation Set of Pesos. GEN Sancito Caro-Brito, Domini- Non-acceptance would have Staff, Army, Pentagon, Wash- RecdÐJune 1993. Est. ValueÐ can Republic Chief of Staff. caused embarrassment to the ington, DC. Unknown. Reported to GSA donor and U.S. Government. September 21, 1995. Pending transfer to GSA. GEN Dennis J. Reimer, Chief of Japanese Samurai Hat. RecdÐ GEN Tetsuya Nishimoto, Chair- Non-acceptance would have Staff, Army, Pentagon, Wash- August 25, 1995. Est. ValueÐ man, JSC, Japanese Defense caused embarrassment to the ington, DC. $650.00. Pending a report to Agency. donor and U.S. Government. GSA. Approved for official dis- play. GEN Dennis J. Reimer, Chief of Mexican Silver Bowl and four GEN Enrique Cervantes Aquirre, Non-acceptance would have Staff, Army, Pentagon, Wash- Mexican Woven Baskets. Secretary of Defense, Mexico. caused embarrassment to the ington, DC. RecdÐSeptember 15, 1995. donor and U.S. Government. Est. ValueÐ$600.00. Pending a report to GSA. Approved for of- ficial display. GEN Dennis J. Reimer, Chief of German Binoculars, small plaque, LTG Hartmut Bagger, Chief of Non-acceptance would have Staff, Army, Pentagon, Wash- crystal wine decanter, and crys- Staff, German Army. caused embarrassment to the ington, DC. tal pitcher. RecdÐOctober 31, donor and U.S. Government 1995. Est. ValueÐ$297.00. Pending a report to GSA. Ap- proved for official display. GEN Dennis J. Reimer, Chief of 9mm German Luger Pistol. LTG Antonia Balza, Chief of Staff, Non-acceptance would have Staff, Army, Pentagon, Wash- RecdÐAugust 25, 1995. Est. Argentine Army. caused embarrassment to the ington, DC. ValueÐ$650.00. Pending a re- donor and U.S. Government port to GSA. Approved for offi- cial display. BG Philip R. Kensinger, Com- Longines Watch. RecdÐDecem- COL Daig, Special Forces Com- Non-acceptance would have mander, SOCCENT, MacDill ber 1995. Est. ValueÐ$795.00. mander, Bahrain. caused embarrassment to the AFB, Florida 33621. Pending a report to GSA. Ap- donor and U.S. Government proved for official display. COL Paul F. Barb, Chief, Security Maurice Lacroix Watch. RecdÐ BG Hayei Juma Al Hameli, Direc- Non-acceptance would have Assistance Div, U.S. Central November 1995. Est. ValueÐ tor, Operations, UAE Armed caused embarrassment to the Command, MacDill AFB, Florida $750.00. Pending a report to Forces. donor and U.S. Government 33621. GSA. Approved for official dis- play. Honorable Togo D. West, Jr., Sec- Marble/Quartz Chess and Check- General Zenildo de Lucena, Min- Non-acceptance would have retary of the Army. er Set. RecdÐOctober 20, ister of the Army, Brazil. caused embarrassment to the 1995. Est. ValueÐ$350.00. donor and U.S. Government Pending a report to GSA. Ap- proved for official display. LTG Robert L. Ord, Commander, Recd.ÐNovember 6±9, 1995. Est. New Zealand Government ...... Meetings with New Zealand Army U.S. Army, Pacific, Fort Shafter, ValueÐ$2,972.80. Expended Chief of Defense Force, Chief Hawaii. for airfare, hotel and meals. of General Staff and Secretary of Defense 24566 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: DEPARTMENT OF THE ARMYÐContinued Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

COL Michael M. Hoen, Chairman Recd.ÐJanuary 23±25, 1995. Est. Canadian Army Dentistry Pro- Guest Lecturer for the Canadian of Logistics and U.S. Army Den- ValueÐ$715.00. Expended for grams. Dental Officer's Clinical Course. tal Education Program, Fort airfare and meals. Bragg, NC 28307±5000.

AGENCY: DEPARTMENT OF THE NAVY Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

John H. Dalton, Secretary of the Man's watch. RecdÐOctober 21, The Amir of Bahrain ...... Non-acceptance would have Navy. 1995. Est. ValueÐ$2500. Being caused embarrassment to held in CNO (N09B33) pending donor and U.S. Government. transfer to GSA. Margaret Dalton, Spouse of the Woman's watch. RecdÐOctober The Amir of Bahrain ...... Non-acceptance would have Secretary of the Navy. 21, 1995. Est. ValueÐ$2500. caused embarrassment to Being held in CNO (N09B33) donor and U.S. Government. pending transfer to GSA. Rear Admiral Walter F. Doran, Man's & woman's watch. RecdÐ Saudi Arabian Government ...... Non-acceptance would have USN, Chief of Naval Operations April 13, 1995. Est. ValueÐ caused embarrassment to (N3/N5). $7300. Being held in CNO donor and U.S. Government. (N09B33) pending transfer to GSA. Rear Admiral John M. Luecke, Man's watch. RecdÐMarch 31, The Amir of Bahrain ...... Non-acceptance would have USN, U.S. Central Command, 1995. Est. ValueÐ$6875. Being cause embarrassment to donor MacDill AFB, FL Command. held in CNO (N09B33) pending and U.S. Government. transfer to GSA. Vice Admiral John S. Redd, USN, Crystal falcon, vase and dagger. The Amir of Bahrain ...... Non-acceptance would have Commander, U.S. Naval Forces RecdÐJuly 10, 1995. Est. caused embarrassment to Central Command. ValueÐ$3500. Being retained donor and U.S. Government. at COMUSNAVCENT. Vice Admiral John S. Redd, USN, Persian carpet. RecdÐSeptember The Amir of Bahrain ...... Non-acceptance would have Commander, U.S. Naval Forces 18, 1995. Est. ValueÐ$400. caused embarrassment to Central Command. Being retained at donor and U.S. Government. COMUSNAVCENT. Lieutenant Commander Steve Man's watch. RecdÐOctober 21, The Amir of Bahrain ...... Non-acceptance would have Senteio, Personal Aide to Sec- 1995. Est. ValueÐ$2500. Being caused embarrassment to retary of the Navy. held in CNO (N09B33) pending donor and U.S. Government. transfer to GSA. Rear Admiral George F.A. Wag- Iron spear and plaque. RecdÐ Israel Government ...... Non-acceptance would have ner, Office of the Programs Ex- March 22, 1995. Est. ValueÐ caused embarrassment to ecutive Officer, Cruise Missiles $250. Being retained at PEO donor and U.S. Government. and Joint Unmanned Aerial Ve- (CU). hicles. Admiral J.M. Boorda, USN Chief Samuri helmet. RecdÐSeptember Japanese Chief of Naval Oper- Non-acceptance would have of Naval Operations. 1995. Est. ValueÐ$400. Being ations. caused embarrassment to retained at Office of the Chief of donor and U.S. Government. Naval Operations. Colonel Robert Blackman, USMC Man's watch. RecdÐOctober 21, The Amir of Bahrain ...... Non-acceptance would have 1995. Est. ValueÐ$2,500. caused embarrassment to Transferred to GSA. donor and U.S. Government. Admiral J.M. Boorda, USN Chief Gold dagger. RecdÐApril 11, Saudi Arabian Chief of Naval Op- Non-acceptance would have of Naval Operations. 1995. Est. ValueÐ$325. Being erations. caused embarrassment to retained at Office of the Chief of donor and U.S. Government. Naval Operations. Admiral J.M. Boorda, USN Chief Silver dagger. RecdÐMay 15, UAE Chief of Naval Operations .... Non-acceptance would have of Naval Operations. 1995. Est. ValueÐ$325. Being caused embarrassment to retained at Office of the Chief of donor and U.S. Government. Naval Operations. Admiral J.M. Boorda, USN Chief Brass etching. RecdÐJuly 13, Egyptian Chief of Naval Oper- Non-acceptance would have of Naval Operations. 1995. Est. ValueÐ$325. Being ations. caused embarrassment to retained at Office of the Chief of donor and U.S. Government. Naval Operations. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24567

AGENCY: DEPARTMENT OF EDUCATION Report of Travel or Expenses of Travel

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances sistent with the interests of the interests of the U.S. Government ernment justifying U.S. Government and occurring outside the United acceptance States

I. Office of the Deputy Secretary: Madeleine Kunin, Deputy Sec- In-kindÐMay 21±25, 1995. Est. Government of Israel ...... To meet with Prof. Ammon Rubin- retary. ValueÐ$1,100. For transpor- stein, Minister of Education, tation, lodging and meals within Culture & Sport and with other Israel. Israeli officials. II. Office of Special Education and Rehabilitative Services (OSERS) Rehabilitation Serv- ices Administration (RSA): Dr. Fredric K. Schroeder, RSA/ Recd.Ð10/19/95. Est. ValueÐ Canadian National Institute for the Banquet Speaker and Panel OSERS. $818. In-kind 11/7/95Ð11/9/95. Blind. Member at the 1995 Canadian Expended for Airfare, meals, Braille Conference. accommodations. III. Office of Special Education and Rehabilitative Services (OSERS): Scott Brown, ED Research Ana- Recd.ÐNov. 20, 1995. In-kindÐ World Health Organization Gene- To provide recommendations for lyst (OSERS). Nov 17ÐNov. 28. Est. ValueÐ va, Switzerland. revision of the World Health Or- $2,000. Expended for airfare, ganization's International Classi- hotel and meals. fication of Impairment Disabil- ities and Handicaps. IV. Office of Vocational and Adult Education: Ronald Pugsley, Director, Acting Brussels, 11/19/94 to 11/23/94. European Union (EU), Brussels, To make a presentation to the Eu- Adult Literacy Initiative Staff, Est. Value $2,386. Airfare, lodg- Belgium. ropean Union on the National OVAE. ing, meals etc. Adult Literacy Survey (NALS).

AGENCY: UNITED STATES DEPARTMENT OF STATE Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

Warren Christopher, Secretary of Red Chopard ladies watch with His Majesty Sir Bolkiah Hassanal, Non-acceptance would cause em- State. floating diamonds. RecdÐAu- Sultan of Brunei. barrassment to donor and U.S. gust 30, 1995. Est. ValueÐ Government. $4,000. Pending transfer to GSA. Warren Christopher, Secretary of Ruby and diamond bracelet. His Majesty Sir Bolkiah Hassanal, Non-acceptance would cause em- State. RecdÐAugust 30, 1995. Est. Sultan of Brunei. barrassment to donor and U.S. ValueÐ$7,000. Pending trans- Government. fer to GSA. Warren Christopher, Secretary of 4′×6′ silk Afghan carpet. RecdÐ Her Excellency Benazir Bhutto. Non-acceptance would cause em- State. April 10, 1995. Est. ValueÐ Prime Minister of Pakistan. barrassment to donor and U.S. $2,000. Being retained at the Government. U.S. Dept of State. Warren Christopher, Secretary of Carpet with maroon and blue and His Excellency Hosni Mubarak, Non-acceptance would cause em- State. purple colors. Appx. 6′9′. President of the Arab Republic barrassment to donor and U.S. RecdÐApril 5, 1995. Est of Egypt. Government. ValueÐ$1,000. Being retained at the U.S. Dept of State. Warren Christopher, Secretary of Kabuki dancer doll in glass case. Mr. Kabun Muto, Member of the Non-acceptance would cause em- State. RecdÐOctober 20, 1995. Est. House of Representatives, barrassment to donor and U.S. ValueÐ$1,500. Being retained Japan. Government. at the Dept. of State. Warren Christopher, Secretary of Silver plated mantle clock. RecdÐ His Excellency Hamad Bin Jassim Non-acceptance would cause em- State. December 15, 1995. Est. Bin Jabir-Al-Thani, Minister of barrassment to donor and U.S. ValueÐ$500. Pending transfer Foreign Affairs of Qatar. Government. to GSA. 24568 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: UNITED STATES DEPARTMENT OF STATEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

Joan E. Spero, Under Secretary 18 karat gold watch with 12 dia- His Excellency Pengiran Anak Non-acceptance would cause em- for Economic, Business and Ag- monds and three rubies. Hajjah Zariah, Brunei. barrassment to donor and U.S. ricultural Affairs. RecdÐAugust 8, 1995. Est. Government. ValueÐ$3000. Pending transfer to GSA. Joan E. Spero, Under Secretary Silver cufflinks (one large pearl on Mr. Kabun Muto, Member of the Non-acceptance would cause em- for Economic, Business and Ag- each cufflink). RecdÐOctober House of Representatives, barrassment to donor and U.S. ricultural Affairs. 8, 1995. Est. ValueÐ$1,200. Japan. Government. Pending transfer to GSA. Robert H. Pelletreau, NEA Assist- Silver clock on marble base. His Excellency Hamad Bin Jassim Non-acceptance would cause em- ant Secretary. RecdÐDecember 20, 1995. Bin Jabir-Al-Thani, Minister of barrassment to donor and U.S. Est. ValueÐ$1,200. Pending Foreign Affairs of Qatar. Government. transfer to GSA. Robin Raphe, Assistant Secretary Large red and black Afghani rug, His Excellency Hajiq Adir, Gov- Non-acceptance would cause em- of State for South Asian Affairs. approximately 6′x9′. RecdÐNo- ernor of Nangarhar Province, barrassment to donor and U.S. vember 1994. Est. ValueÐ Jalabad, Afghanistan. Government. $2,000. Being retained at the Dept of State. Mark R. Parris, DAS, NEA Bureau Replica of Kuwaiti boat, a dhow, His Excellency Mohammed Sabah Non-acceptance would cause em- mounted on a base. RecdÐDe- Al-Salim Al-Sabah, Kuwaiti Am- barrassment to donor and U.S. cember 1994. Est. ValueÐ bassador to the U.S. Government. $650. Being retained at the Dept. of State. Joseph LeBaron, Deputy Chief of Men's Oyster Perpetual watch. His Majesty Shaikh Isa bin Non-acceptance would cause em- Mission, American Embassy Women's Oyster Perpetual Sulman al Khalifa, Amir of Bah- barrassment to donor and U.S. Manama, Bahrain. watch. Single strand of grad- rain. Government. uated Bahraini pearls. Rec'dÐ March 21, 1995. Est. ValueÐ $30,800. Pending transfer to GSA. Joseph LeBaron, Deputy Chief of 1. Baume and Mercier watch. 2. His Majesty Shaikh Isa bin Non-acceptance would cause em- Mission, American Embassy Three 22 kt gold bangle brace- Sulman al Khalifa, Amir of Bah- barrassment to donor and U.S. Manama, Bahrain. lets. Rec'dÐMarch 22, 1995. rain. Government. Est. ValueÐ$1,645. 2. $895. Pending transfer to GSA. The Honorable David Ransom, 1. Four 21k gold necklaces. 2. His Majesty Shaikh Isa bin Non-acceptance would cause em- U.S. Ambassador to Bahrain. Baume & Mercier Ladies Sulman al Khalifa, Amir of Bah- barrassment to donor and U.S. Watch. 3. Baume & Mercier rain. Government. Men's watch and cufflinks. 4. Diamond and onyx cufflinks. Rec'dÐMarch 1, 1995. Est. ValueÐ(1) $4,000 (2) $5,000 (3) $10,000 (4) $1,500. Pending transfer to GSA. The Honorable David Ransom, 1. Man's Eterna watch Model 202. His Excellency Shaikh Isa bin Non-acceptance would cause em- U.S. Ambassador to Bahrain. 2. Women's Eterna watch Sulman Al Kalifa, Amir of Bah- barrassment to donor and U.S. model 210. Rec'dÐMarch 1, rain. Government. 995. Est. ValueÐ(1) $3,050. (2) $1,990. Pending transfer to GSA. The Honorable David Ransom, 1. Bahraini graduated pearl neck- His Majesty Shaikh Isa bin Non-acceptance would cause em- U.S. Ambassador to Bahrain. lace. 2. Rolex watchÐOyster Sulman Al Khalifa, Amir of Bah- barrassment to donor and U.S. Perpetual Datejust. 3. Four gold rain. Government. bangle bracelets. Rec'dÐApril 18, 1995. Est. ValueÐ(1) $4,000. (2) $8,200. (3) $955. Pending transfer to GSA. Gerald M. Feierstein, Dept. of Man's gold Eterna watch. Rec'dÐ His Majestry Sheikh Isa Bin Non-acceptance would cause em- State. March 24, 1995. Est. ValueÐ Salman, Amir of Bahrain. barrassment to donor and U.S. $500. Pending transfer to GSA. Government. Frances Cook, Deputy Assistant Bahraini Coffee Pot. Rec'dÐApril Lt. General Khalifa Bin Ahmed Al- Non-acceptance would cause em- Secretary. 15, 1995. Est. ValueÐ$300.00. Khalifa, Minister of Defense. barrassment to donor and U.S. Pending transfer to GSA. Government. The Honorable Kenton Keith, U.S. 2 Harry Winston watches, 2 His Majesty Hamad bin Khalifa Al Non-acceptance would cause em- Ambassador to Qatar. watchband set. Rec'dÐJune Thani, Amir of State of Qatar. barrassment to donor and U.S. 1995. Est. ValueÐ$2,000. Government. Pending transfer to GSA. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24569

AGENCY: UNITED STATES DEPARTMENT OF STATEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

Andrew Schofer, Political Officer/ Man's Eterna gold with diamond H.E. Shaikh Isa Bin Salman Al Non-acceptance would cause em- Bahrain. chips watch. Rec'dÐAugust 3, Khalifa, Amir of the State of barrassment to donor and U.S. 1995. Est. ValueÐ$3,050. Bahrain. Government. Pending transfer to GSA. Karen Enstrom, Vice Counsul/ Woman's Eterna gold with dia- H.E. Shaikh Isa Bin Salman Al Non-acceptance would cause em- Bahrain. mond chips watch. Rec'dÐAu- Khalifa, Amir of the State of barrassment to donor and U.S. gust 3, 1995. Est. ValueÐ Bahrain. Government. $1,990. Pending transfer to GSA. The Honorable David Ransom, Gold Khanji (knife). Rec'dÐAu- H.E. Shaikh Isa Bin Salman Al Non-acceptance would cause em- U.S. Ambassador to Bahrain. gust 3, 1995. Est. ValueÐ Khalifa, Amir of the State of barrassment to donor and U.S. $3000.00. Pending transfer to Bahrain. Government. GSA. Joseph E. LeBaron, Deputy Chief Gold Khaji (knife). RecdÐAugust H.E. Shaikh Isa Bin Salman Al Non-acceptance would cause em- of Mission/Bahrain. 3, 1995. Pending transfer to Khalifa, Amir of the State of barrassment to donor and U.S. GSA. Bahrain. Government. Robin Raphel, Assistant Secretary Set of dinnerware for six with His Excellency A.S.M. Mustafizur Non-acceptance would cause em- of State for South Asian Affairs. serving pieces. RecdÐSeptem- Rahman, Lt. Col (Ret.), Minister barrassment to donor and U.S. ber 6, 1995. Est. ValueÐ$300. of Foreign Affairs of People's Government. Pending transfer to GSA. Republic of Bangladesh. Robert H. Pelletreau, Assistant Engraved silver box with blue vel- His Majesty Hussein I, King of Non-acceptance would cause em- Secretary of State for Near East vet case. RecdÐOctober 2, Hashemite Kingdom of Jordan. barrassment to donor and U.S. Affairs. 1995. Est. ValueÐ$250.00. Government. Pending transfer to GSA. John B. Craig, Director of Near Rolex Stainless steel watch. His Majesty Isa bin Salman Al Non-acceptance would cause em- East Affairs/ARP. RecdÐNovember 5, 1995. Est Khalifa, Amir of State of Bahrain. barrassment to donor and U.S. ValueÐ$3,000. Pending trans- Government. fer to GSA. The Honorable Theresa Tull, U.S. A Sarcar watch. RecdÐOctober Her Majesty Raja Isteri Pengiran Non-acceptance would cause em- Ambassador to Brunei. 6, 1995. Est. ValueÐ$3±4,000. Anak Saleha, first wife of His barrassment to donor and U.S. Pending transfer to GSA. Majesty, the Sultan of Brunei. Government. Richard Miles, Deputy Chief of Painting, ``Evening Intrigue''. Valdimir Povalov, Russian painter Non-acceptance would cause em- Mission, Am. Embassy Moscow. RecdÐJanuary 1995. Est. barrassment to donor and U.S. ValueÐ$1,000. Being retained Government. at the American Embassy in Moscow. Clarke N. Ellis, Consul General of Small gold medallion issued in Dr. Paolo Graldi, Editor-in-Chief of Non-acceptance would cause em- Am. Embassy, Naples. 1992 commemorating the cen- ``II Mattino'' southern Italy's barrassment to donor and U.S. tennial of the newspaper's foun- major daily newspaper. Government. dation. Rec'dÐMay 11, 1995 Est. ValueÐ$285.00. Being re- tained at Am.Embassy in Naples. The Honorable David J. Dunford, A pendant medal on a sash, a His Majesty, Qaboos bin Said Al Non-acceptance would cause em- U.S. Ambassador to Oman. brooch-type medal and a small- Said, Sultan of Oman. barrassment to donor and U.S. er lapel-style medal of the same Government. design. Omani Al-Numan Order. Rec'dÐJune 21, 1995. Est. ValueÐ$14,300 USD. Being re- tained at AmEmbassy in Muscat. Deputy Chief of Mission, Am. Em- (1) Decorated silver plated arab Unknown ...... Non-acceptance would cause em- bassy in Doha, Qatar. coffee pot and (2) gold plated barrassment to donor and U.S. incense burner, rosewater dis- Government. penser and arab coffee pot. Rec'dÐJuly 1995. Est. ValueÐ (1) $350 (2) $2,000. Being re- tained at AmEmbassy in Doha. The Honorable Kenton Keith, U.S. Silver incense burner. Rec'dÐJuly Government of Qatar ...... Non-acceptance would cause em- Ambassador to Qatar. 1995. Est. ValueÐ$400. Being barrassment to donor and U.S. retained at AmEmbassy in Government. Doha. The Honorable Peter W. Gal- Gilbenti Brescia 1894 gun, in Mr. Darko Sacic of Varazdin City Non-acceptance would cause em- braith, U.S. Ambassador to Cro- black leather case with initials Culture Office, Zagreb. barrassment to donor and U.S. atia. PG. Rec'dÐMarch 1995. Est. Government. ValueÐ$360.00. Being retained at Am. Embassy in Zagreb. 24570 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: UNITED STATES DEPARTMENT OF STATEÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

Charles L. Daris, Consul General, Sword, brass colored-metal in Mohammed Al-Amoudi, Chairman Non-acceptance would cause em- Am. Embassy Riyadh. green velveteen covered gift of the Al-Amoudi group and ad- barrassment to donor and U.S. box. Rec'dÐ6/21/94. Est. visor to the King. Government. ValueÐ$340.00. Being retained at Am Embassy in Riyadh. The Honorable Thomas Pickering, (1) Watercolor art painting ``Under Eugenia Skarstrom for use in Non-acceptance would have U.S. Ambassador to the Rus- water Words''. (2) Photograph Spaso House. caused embarrassment to the sian Federation. ``Marble Head Door II''. Rec'dÐ donor and U.S. Government. March 1995. Est. ValueÐ(1) $3,500, (2) $800. Being re- tained at the American Em- bassy Moscow. The Honorable Arthur Hughes, Traditional Yemeni sword. His Excellency Yahya Hussein Al Non-acceptance would have U.S. Ambassador to the Repub- Rec'dÐNovember 2, 1994. Est. Arashi, Minister of Culture and caused embarrassment to the lic of Yemen. ValueÐ$350.00. Being retained Tourism, the Republic of Yemen. donor and U.S. Government. in the office Near Eastern Af- fairs, DOS. Ambassador and Political Eco- Two small Afghan carpets, 3′ x 5′, Mr. Ashraf Shah, Special Emis- Non-acceptance would have nomic Chief in American Em- 4′ x 5′. Rec'dÐFebruary 20, sary of President Burhannidin caused embarrassment to the bassy, Dushanbe, Afghanistan. 1995. Est. ValueÐ$400.00. Rabbani, Kubul, Afghanistan. donor and U.S. Government. Being retained at American Em- bassy Dushanbe. The Honorable Robert Pelletreau, (1) One 18k Piaget men's gold His Majesty Isa bin Salman Al Non-acceptance would have Assistant Secretary for Near watch, with cufflinks. (2) One Khalifa, Amir of the State of caused embarrassment to the Eastern Affairs. 18k gold Piaget women's watch. Bahrain. donor and U.S. Government. (3) One graduated pearl neck- lace. Rec'dÐMay 10, 1994. Est. ValueÐ(1) $2,000. (2) $2,000. (3) $10,000. Pending transfer to GSA. Mr. J. Feierstein, NEA/ARP ...... (1) One Eterna men's gold watch His Majesty Isa bin Salman Al Non-acceptance would have with cufflinks. (2) One Eterna Khalifa, Amir of the State of caused embarrassment to the women's gold watch. Rec'dÐ Bahrain. donor and U.S. Government. May 10, 1994. Est. ValueÐ(1) $2,000. (2) $2,000. Pending transfer to GSA. Adm Katz, American Embassy, (1) Double strand of pearls (2) His Majesty Isa bin Salman Al Non-acceptance would cause em- Manama. Gold coin. RecdÐNovember 8, Khalifa, Amir of the State of barrassment to donor and U.S. 1994. Est. ValueÐ(1) $5,000 Bahrain. Government. (2) $1500. Pending transfer to GSA. Mr. D. Robins, Deputy Chief of (1) One 22k Piaget men's watch, His Majesty Isa bin Salman Al Non-acceptance would cause em- Mission, American Embassy of diamond studded. (2) gold stud- Khalifa, Amir of the State of barrassment to donor and U.S. Manama. ded cufflinks. RecdÐMay 10, Bahrain. Government. 1994. Est. ValueÐ(1) $7,000. (2) $1,200. Pending transfer to GSA. The Honorable David Ransom, (1) Three Eterna watches. (2) Five His Majesty Isa bin Salman Al Non-acceptance would cause em- U.S. Ambassador to Bahrain. women's Eterna watches. (3) Khalifa, Amir of the State of barrassment to donor and U.S. Five sets of gold bangle brace- Bahrain. Government. lets (3/set). RecdÐDecember 21, 1994. Est. ValueÐ(1) $3,050. (2) $1,999 each. (3) $760 each. Clarke N. Ellis, Consul General Small gold medallion issued in Dr. Paolo Graldi, Editor-in-Chief of Non-acceptance would cause em- American Embassy, Naples. 1992, commemorating the cen- ``II Mattino,'' southern Italy's barrassment to donor and U.S. tennial of the ``II Mattino'' news- major daily newspaper. Government. paper. RecdÐMay 11, 1995. Est. ValueÐ$285.00. Being re- tained for official use in Amer- ican Embassy in Naples. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24571

AGENCY: TREASURYÐDEPARTMENTAL OFFICES Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

James Fall, Deputy Assistant Sec- Mont Blanc Pen. RecdÐJanuary Chong-Min Lee, Financial Attache, Non-acceptance would have retary, Developing Nations. 12, 1995. Est. ValueÐ$285. Republic of Korea. caused embarrassment to Treasury Department. donor & U.S. Government. Sylvia Mathews, Chief of Staff ...... Bronze Statue of Elephant God- Dinesh Singh, Minister of External Non-acceptance would have dess. RecdÐApril 18, 1995. Affairs, India. caused embarrassment to Est. valueÐ$400. Treasury De- donor & U.S. Government. partment. Robert Rubin, Secretary ...... Bronze Statue of Indian Woman. Manmohan Singh, Minister of Fi- Non-acceptance would have RecdÐApril 17, 1995. Est. nance, India. caused embarrassment to valueÐ$400. Treasury Depart- donor & U.S. Government. ment. Robert Rubin, Secretary ...... White Gold Coin. RecdÐApril 17, Jefri Bolkiah, Minister of Finance, Non-acceptance would have 1995. Est. valueÐ$3,510. Brunei. caused embarrassment to Treasury Department. donor & U.S. Government. Robert Rubin, Secretary ...... Gold & Pearl Cufflinks. RecdÐ Kabun Muto, Chairman, General Non-acceptance would have May 5, 1995. Est. valueÐ$350. Council, Japanese Liberal caused embarrassment to Treasury Department. Democratic Party. donor & U.S. Government. Robert Rubin, Secretary ...... Sterling Silver Cup. RecdÐOcto- President Zedillo, Mexico ...... Non-acceptance would have ber 10, 1995. Est. valueÐ$350. caused embarrassment to Treasury Department. donor & U.S. Government. Jeffrey Shafer, Assistant Secretary Bronze Statue of Indian Goddess. Manmohan Singh, Minister of Fi- Non-acceptance would have for International Affairs. RecdÐApril 18, 1995. Est. nance, India. caused embarrassment to valueÐ$400. Treasury Depart- donor & U.S. Government. ment. Jeffrey Shafer, Assistant Secretary Green Quartz Cufflinks and Tie Chen Rong-jye, Deputy Rep- Non-acceptance would have for International Affairs. Tack. RecdÐOctober 26, 1995. resentative, Taipei Economic & caused embarrassment to Est. ValueÐ$350. Treasury De- Cultural Representative Office. donor & U.S. Government. partment.

AGENCY: DEPARTMENTAL OFFICESÐTREASURY Report of Travel or Expenses of TravelÐ1995

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances justifying accept- sistent with the interests of the interests of the U.S. Government ernment ance U.S. Government and occurring outside the United States

Eliot Brenner, Public Affairs Spe- RecdÐApril 19±20, 1995. Est. India Government ...... No direct flights from city to city, cialist. ValueÐ$306.. and other commercial flights ** New DelhiÐAgraÐUdaipurÐ could not accommodate either Bombay, India. the number of individuals in the secretarial delegation or the offi- cial agendas schedule. Security Considerations. Joyce Carrier, Deputy Executive RecdÐApril 19±20, 1995. Est...... do ...... Do. Secretary for Public Liaison. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Joseph Cope, Telecommuni- RecdÐApril 20, 1995. Est...... do ...... Do. cations Specialist. ValueÐ$140.. ** UdaipurÐBombay, India ...... David Dreyer, Senior Advisor for RecdÐApril 19±20, 1995. Est...... do ...... Do. Planning. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. James Fall, III, International Econ- RecdÐApril 19±20, 1995, Est...... do ...... Do. omist. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. 24572 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: DEPARTMENTAL OFFICESÐTREASURYÐContinued Report of Travel or Expenses of TravelÐ1995

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances justifying accept- sistent with the interests of the interests of the U.S. Government ernment ance U.S. Government and occurring outside the United States

Bridget Hartigan, Staff Assistant to RecdÐApril 20, 1995. Est. India Government ...... No direct flights from city to city, the Deputy Executive Secretary. ValueÐ$140.. and other commercial flights ** UdaipurÐBombay, India ...... could not accommodate either the number of individuals in the secretarial delegation or the offi- cial agendas schedule. Security considerations. David Icikson, Special Assistant, RecdÐApril 19±20, 1995. Est...... do ...... Do. Public Affairs. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Nancy Lee, International Econo- RecdÐApril 19±20, 1995. Est...... do ...... Do. mist. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Meg Lundsager, DirectorÐOffice RecdÐApril 19±20, 1995. Est...... do ...... Do. of Asia & Near East. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Sandra Mancini, Special Assistant RecdÐApril 20, 1995. Est...... do ...... Do. to Chief of Staff. ValueÐ$140.. ** UdaipurÐBombay, India ...... Sylvia Mathews, Chief of Staff ...... RecdÐApril 19±20, 1995. Est. India Government ...... No direct flights from city to city, ValueÐ$306.. and other commercial flights ** New DelhiÐAgraÐUdaipurÐ could not accommodate either Bombay, India. the number of individuals in the secretarial delegation or the offi- cial agendas schedule. Security considerations. Annabella Mejia, Review Analyst RecdÐApril 19±20, 1995. Est...... do ...... Do. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. J. Benjamin Nye, Executive Sec- RecdÐApril 19±20, 1995. Est...... do ...... Do. retary. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Lynn Parrish, Assistant Director, RecdÐApril, 1995. Est. ValueÐ ...... do ...... Do. Travel and Special Event. $140.. ** UdaipurÐBombay, India ...... Judith Rubin, Spouse ...... RecdÐApril 19±20, 1995. Est...... do ...... Do. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Robert E. Rubin, Secretary of the RecdÐApril 19±20, 1995. Est. India Government ...... No direct flights from city to city, Treasury. ValueÐ$306.. and other commercial flights ** New DelhiÐAgraÐUdaipurÐ could not accommodate either Bombay, India. the number of individuals in the secretarial delegation or the offi- cial agendas schedule. Security considerations. Howard Schloss, Assistant Sec- RecdÐApril 19±20, 1995. Est...... do ...... Do. retary, Public Affairs. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Jeffrey Shafer, Assistant Sec- RecdÐApril 19±20, 1995. Est...... do ...... Do. retary, International Affairs. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. Michelle Smith, Public Affairs Spe- RecdÐApril 19±20, 1995. Est...... do ...... Do. cialist. ValueÐ$306.. ** New DelhiÐAgraÐUdaipurÐ Bombay, India. (India Government plane). ** No direct flights from Agra to Udaipur. Indirect flights would have delayed the trip 24 hours, which was impossible for the schedule. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24573

AGENCY: SECRET SERVICEÐTREASURY Report of Travel or Expenses of TravelÐ1995

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identify of foreign donor and gov- Circumstances justifying accept- sistent with the interests of the interests of the U.S. Government ernment ance U.S. Government and occurring outside the United States

Robert Agnew, ATSAICÐSecret RecdÐApril 19±20, 1995. Est. India Government ...... No direct flights from city to city, Service. ValueÐ$306. ** New DelhiÐ and other commercial flights AgraÐUdaipurÐBombay, India. could not accommodate either the number of individuals in the secretarial delegation or the offi- cial agendas schedule. Security considerations. Harry Geiglein, Special AgentÐ RecdÐApril 19±20, 1995. Est...... do ...... Do. Secret Service. ValueÐ$306. ** New DelhiÐ AgraÐUdaipurÐBombay, India. Max Yao, Special AgentÐSecret RecdÐApril 19±20, 1995. Est...... do ...... Do. Service. ValueÐ$306. ** New DelhiÐ AgraÐUdaipurÐBombay, India. Frank Young, Special AgentÐSe- RecdÐApril 19±20, 1995. Est...... do ...... Do. cret Service. ValueÐ$306. ** New DelhiÐ AgraÐUdaipurÐBombay, India. Rick Zaino, ATSAICÐSecret RecdÐApril 19±20, 1995. Est...... do ...... Do. Service. ValueÐ$306. ** New DelhiÐ AgraÐUdaipurÐBombay, India.

(India Government plane). ** No direct flights from Agra to Udaipur. Indirect flights would have delayed the trip 24 hours, which was impossible for the schedule.

AGENCY: CENTRAL INTELLIGENCE AGENCY Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Agency Employee ...... Molded and frosted parcel gilt 5 USC 7342(f)(4) ...... Non-acceptance would have crystal sculpture on fruitwood caused embarrassment to base. H: 5 inches. Rec'dÐ17 donor and U.S. Government. January 1995. Est. value: $250.00. To be retained for offi- cial display. John M. Deutch, Director, Central Terra-cotta ewer. Purported to be 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. from the Iron Age, 930±586, caused embarrassment to B.C. With globular body and donor and U.S. Government. strap handle with narrow rim. On separate wrought iron stand. H: 8 inches. Rec'dÐ20 October 1995. Est. Value: $400.00. To be retained for official display. John M. Deutch, Director, Central Venetian acqua-blue and clear 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. glass tall vase 'Navona'. Classi- caused embarrassment to cal form with ovoid body and donor and U.S. Government. flared rim with clear frosted glass scroll handles and base. H: 16 inches. Rec'dÐ25 July 1995. Est. value: $500.00. To be retained for official display. John M. Deutch, Director, Central 93 7.62 caliber customized auto- 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. matic assault rifle. Serial num- caused embarrassment to ber 300144. Carved walnut donor and U.S. Government. stock with gilt metal and steel mounts. L: of barrel 31 inches, encased. Rec'dÐ27 October 1995. Est. value: $1,000.00. To be retained for official display. 24574 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: CENTRAL INTELLIGENCE AGENCYÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

John M. Deutch, Director, Central Limoges coffee set, consisting of 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. coffee pot, six handless cups caused embarrassment to and round tray. Each with gilt donor and U.S. Government. and black trim. H: of coffee pot 61¤2; D: of tray 121¤2 inches. Rec'dÐ24 October 1995. Est. value: $300.00. To be retained for official display. John M. Deutch, Director, Central Kilim rug. 6 x 3.6. Central blue 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. ground with five joined step me- caused embarrassemtn to dallions in red-to-ivory-to-green- donor and U.S. Government. blue and gold, within gold shaded blue and beige border enclosing stylized wine cups and trellising vines. Rec'dÐ24 July 1995. Est. value: $500.00. To be retained for official dis- play. John M. Deutch, Director, Central Parcel gilt silver plated and mala- 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. chite mounted incense burner. caused embarrassment to Having a square tapered body donor and U.S. Government. cast in relief with flowing branches, on gilt ground; cen- tering a malachite roundel en- closing shaped gallery with re- movable pierced lid and raised on malachite standard and plinth on parcel gilt silver mala- chite base. H: 12 inces. Rec'dÐ 22 October 1995. Est. value: $1,500.00. To be retained for official display.. John M. Deutch, Director, Central Turquoise faÈõence mounted silver 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. five-piece ensemble. Consisting caused embarrassment to of necklace mounted with five donor and U.S. Government. cicadas, bracelet mounted with five cicadas, ring and pair of pierced type earrings, each mounted with cicada. Rec'd.Ð 17 October 1995. Est. value: $750.00. To be retained for offi- cial display. John M. Deutch, Director, Central 925 parcel gilt silver relief plaque. 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. Signed by the artist indistinctly caused embarrassment to and stamped 925. Mounted on donor and U.S. Government. gray velvet mat and ebonized wood frame. H: 5±1¤2; W: 7 inches. Rec'd.Ð19 October 1995. Est. value: $500.00 To be retained for official display. John M. Deutch, Director, Central Italian colored engraved map of 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. Judea, Sumeria and Galilee. caused embarrassment to Drawn by Broen, Utrecht, Hol- donor and U.S. Government. land, 18th Century, with later coloring. In simulated burlwood matted frame. 22±1¤2×19±1¤2 inches. Rec'd.Ð19 October 1995. Est. value: $600.00. To be retained for official display. John M. Deutch, Director, Central Silver small plate. Inscribed with 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. initials in reverse and dated 18± caused embarrassment to 10±95. Engraved with central donor and U.S. Government. geometric star within scrolling vine and foliage. D:7±1¤8 inches. Wt. 7.5 oz. Rec'd.Ð18 October 1995. Est. value: $250.00. To be retained for official display. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24575

AGENCY: CENTRAL INTELLIGENCE AGENCYÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

John M. Deutch, Director, Central Pair of repousse silver covered 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. bottles. Each with globular body caused embarrassment to with flared neck and removable donor and U.S. Government. lid repousseÂd and chased with foliage and trellising vines. H: 87¤8 inches. Total weight 20 oz. Rec'dÐ17 October 1995. Est. value: $800.00. To be retained for official display. John M. Deutch, Director, Central Parcel gilt mounted silver plated 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. plaque. Round with central gilt caused embarrassment to plaque of architectural dwelling. donor and U.S. Government. D: 111¤2 inches. Rec'dÐ16 Oc- tober 1995. Est. value: $350.00. To be retained for official dis- play. John M. Deutch, Director, Central Parcel gilt silver plated and mold- 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. ed frosted crystal plaque of caused embarrassment to eagle perched in archway. donor and U.S. Government. Mounted on ebonized base. Rec'dÐ24 October 1995. Est. value: $1,200. To be retained for official display. John M. Deutch, Director, Central Repousse silver hanging mirror. 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. Oblong foliate shaped with caused embarrassment to repousse floral reserve and at- donor and U.S. Government. tached chain. L: 12 inches. Rec'dÐ24 July 1995. Est. value: $400.00. To be retained for official display. John M. Deutch, Director, Central Smith & Wesson .357-magnum 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. revolver. Apparently no serial caused embarrassment to number. Chrome plated with en- donor and U.S. Government. graved foliate decoration with walnut grips. Rec'dÐ16 Octo- ber 1995. Est. value: $400.00. To be retained for official dis- play. John M. Deutch, Director, Central White enameled 990-standard sil- 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. ver model of ship. In dust proof caused embarrassment to case. H: of ship 6 inches. donor and U.S. Government. Rec'dÐ11 September 1995. Est. value: $1,000.00 To be re- tained for official display. Agency Employee ...... Cottage in Landscape. Signed art- 5 USC 7342(f)(4) ...... Non-acceptance would have ist on lower right. Oil on canvas. caused embarrassment to 95¤8×71¤8 inches. Rec'dÐ29 Oc- donor and U.S. Government. tober 1995. Est. value: $300.00 To be retained for official dis- play. Agency Employee ...... Repousse silver footed shallow 5 USC 7342(f)(4) ...... Non-acceptance would have bowl. Apparently unmarked. caused embarrassment to Having a round foliate shape donor and U.S. Government. with central repousse domed cavetto within flared conforming repousse border and raised on three cast feet. D: 91¤2 inches. Wt. 10 oz. Rec'dÐ18 October 1995. Est. Value: $400.00. To be retained for official display. 24576 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: CENTRAL INTELLIGENCE AGENCYÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Agency Employee ...... Repousse silver vessel. The glob- 5 USC 7342(f)(4) ...... Non-acceptance would have ular form with repousse and caused embarrassment to chased floral banding with strap donor and U.S. Government. handle continuing to narrow bul- bous rim. H: 41¤2 inches. Wt. 81¤2 oz. Rec'dÐ18 October 1995. Est. value: $300.00. To be retained for official display. Agency Employee ...... Canon Elan EOS 100 35mm cam- 5 USC 7342(f)(4) ...... Non-acceptance would have era. With ultrasonic zoom lens caused embarrassment to 28±80mm. (No longer made). donor and U.S. Government. Rec'dÐ24 March 1995. Est. value. $650.00. To be retained for official display. Agency Employee ...... Inlaid celadon glazed vase, mod- 5 USC 7342(f)(4) ...... Non-acceptance would have ern. Inlaid with alternating white caused embarrassment to and rose floral trellising vines donor and U.S. Government. on green crackle glazed ground. H: 12 inches. Rec'dÐ20 Sep- tember 1995. Est. value: $350.00. to be retained for offi- cial display. Agency Employee ...... Swiss 18 karat yellow gold filled 5 USC 7342(f)(4) ...... Non-acceptance would have gentleman's wristwatch by Ray- caused embarrassment to mond Weil, Geneva. The Othel- donor and U.S. Government. lo design with mirrored black dial and set with four faceted simulated diamonds. Rec'dÐ18 May 1994. Est. value: $500.00. To be retained for official dis- play. Agency Employee ...... Canon Elan EOS 100 35mm cam- 5 USC 7342(f)(4) ...... Non-acceptance would have era with ultrasonic zoom lens caused embarrassment to 28±80mm. (No longer made). donor and U.S. Government. Rec'sÐ24 March 1995. Est. value: $650.00. To be retained for official display. Agency Employee ...... Unmarked repousse silver round 5 USC 7342(f)(4) ...... Non-acceptance would have footed shallow dish with floral caused embarrassment to repousse cavetto within floral donor and U.S. Government. and swirl flared rim and raised on three cast feet. D: 91¤8 inches. Wt. 91¤2 oz. Rec'dÐ18 October 1995. Est. value: $350.00. To be retained for offi- cial display. Agency Employee ...... Repousse silver vessel. The glob- 5 USC 7342(f)(4) ...... Non-acceptance would have ular form with repousse and caused embarrassment to chased floral banding with strap donor and U.S. Government. handle continuing to narrow bul- bous rim. H: 41¤2 inches. Wt. 81¤2 oz. Rec'dÐ18 October 1995. Est. value: $300.00. To be retained for official display. Agency Employee ...... Turquoise enameled 990-standard 5 USC 7342(f)(4) ...... Non-acceptance would have silver covered bowl. The bul- caused embarrassment to bous body and domed lid donor and U.S. Government. chased with foliage against tur- quoise ground. D: 51¤4 inches. Total weight 13 oz. Rec'dÐ15 May 1995. Est. value: $550.00. To be retained for official dis- play. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24577

AGENCY: CENTRAL INTELLIGENCE AGENCYÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

Agency Employee ...... Shaded cloisonne enamel 990- 5 USC 7342(f)(4) ...... Non-acceptance would have standard silver jewelry casket. caused embarrassment to The rectangular domed top with donor and U.S. Government. bat-form lock polychrome enam- el with blossoming leaves in multicolor on light green guillouche ground and silver frame, opening to view dark green velvet interior with remov- able ring tray. L:71¤4 inches. Rec'dÐ15 May 1995. Est. value: $1,000.00. To be re- tained for official display. Agency Employee ...... Pair of turquoise-blue enameled 5 USC 7342(f)(4) ...... Non-acceptance would have 990-standard silver boxes. Each caused embarrassment to bulbous body with removable lid donor and U.S. Government. and blossom finial; one in tur- quoise-blue guillouche enamel ground; the other, in light lav- ender guillouche ground. Each with enameled fruit-form finial. D: 33¤4 inches. Total weight 20 oz. Rec'dÐ15 May 1995. Est. value: $750.00. To be retained for official display. Admiral W.O. Studeman, USN, Silver three-light candelabrum, 5 USC 7342(f)(4) ...... Non-acceptance would have Former Deputy Director, Central 20th Century. With palmette caused embarrassment to Intelligence. and leafage cast standard sup- donor and U.S. Government. porting scroll arms cresting in foliate nozzles and drip pans and raised on round domed base. H: 71¤4 inches. Wt. 101¤2 oz. Rec'dÐ18 April 1995. Est. value: $500.00. To be retained for official display. Admiral W.O. Studeman, USN, Respousse and filigree silver 5 USC 7342(f)(4) ...... Non-acceptance would have Former Deputy Director, Central mounted horn kris (dagger). caused embarrassment to Intelligence. The chrome plated steel shaped donor and U.S. Government. blade with silver mounted horn handle and fitted with repousse foliate silver and silver filigree sheath with silver cord. L: over- all 12 inches. Rec'dÐ18 April 1995. Est. value: $600.00. To be retained for official display. Agency Employee ...... Omega stainless steel calendar 5 USC 7342(f)(4) ...... Non-acceptance would have wristwatch. With gilt Roman nu- caused embarrassment to meral dial and black enamel donor and U.S. Government. bezel, numbered 15103000/ 54197946/1438. Rec'dÐ20 July 1995. Est. value: $800.00. To be retained for official display. George J. Tenet, Deputy Director, Cloisonne enamel 990-standard 5 USC 7342(f)(4) ...... Non-acceptance would have Central Intelligence. silver bottle vase. The bulbous caused embarrassment to body with elongated tapered donor and U.S. Government. neck polychrome enameled with blossoming flowers on shaded blue guillouche ground. H: 73¤4 inches. Gross weight approxi- mately 10 oz. Rec'dÐ11 Sep- tember 1995. Est. value: $500.00. To be retained for offi- cial display. 24578 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: CENTRAL INTELLIGENCE AGENCYÐContinued Report of Tangible GiftsÐ1995

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying accept- ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment ance ernment tion or location

George J. Tenet, Deputy Director, PerpediÂl rug. 4.11 3.4. Blue 5 USC 7342(f)(4) ...... Non-acceptance would have Central Intelligence. ground with ram's hook and flo- caused embarrassment to ral field and rosette ram's hook donor and U.S. Government. guard border on ivory ground. Rec'dÐ12 September 1995. Est. value: $750.00. To be re- tained for official display. R. James Woolsey, Former Direc- Unmarked silver five-light candela- 5 USC 7342(f)(4) ...... Non-acceptance would have tor, Central Intelligence.. brum. In the Rococo style with caused embarrassment to lobed leafage capped standard donor and U.S. Government. supporting screw-off standard with four leafage capped scroll arms cresting in foliate drip pans and nozzles centering fifth nozzle and raised on four scroll feet. H: 211¤2 inches. Wt. 90 oz. Rec'dÐ14 February 1995. Est. Value: $3,500. To be retained for official display. John M. Deutch, Director, Central Bluish-green iridescent glass 5 USC 7342(f)(4) ...... Non-acceptance would have Intelligence. pendant. Purported to be an- caused embarrassment to cient glass, circa 1st/2nd Cen- donor and U.S. Government. tury, A.D. With custom made 14 karat yellow gold bezel. With 14 karat yellow gold chain. Glass size 3¤4×3¤4 inches. L: of chain 20 inches. Rec'dÐ19 October 1995. Est. value: $500. To be retained for official display.

AGENCY: CORPORATION FOR NATIONAL SERVICE Report of Travel or Expenses of Travel

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances justifying sistent with the interests of the interests of the U.S. Government ernment acceptance U.S. Government and occurring outside the United States

Michael Woo, Director, Pacific Recd. Nov. 17, 1995. Est. ValueÐ The French-American Foundation, To participate in Young Leaders Cluster. $1,494. Expended for airfare, France. Conference and confer with ground travel hotels and meals. French national service officials.

AGENCY: BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

Alan Greenspan, Chairman ...... Gold and pearl cuff links. Re- Mr. Kabun Muto, Chairman, Gen- To have refused would have ceived: May 5, 1995. Est. eral Council, Liberal Democratic caused offense or embarrass- Value: $500. Retained for dis- Party and Member of the House ment. play. of Representatives, Japan. Alan Greenspan, Chairman ...... Orrefors crystal bowl. Received: Bank of Sweden ...... To have refused would have April 12, 1995. Est. Value: caused offense or embarrass- $715. Retained for display. ment. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24579

AGENCY: LIBRARY OF CONGRESS Report of Travel or Expenses of Travel

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances justifying sistent with the interests of the interests of the U.S. Government ernment acceptance U.S. Government and occurring outside the United States

Joseph C. Hickerson, Head, Ac- Recd.ÐJuly 15, 16, 23 and 24, Ministry of Foreign Affairs, Finland Visit to folklore archives, institutes, quisitions American Folklife 1995. Est. ValueÐ$600. Train and festivals. Center, Library of Congress. transportation, hotels, meals and taxis. William H. Robinson, Director, Recd.ÐOct. 25, 26, 27 and 28, European Parliament ...... Attending European Center for Congressional Research Serv- 1995. Est. ValueÐ$344. Round Parliamentary Research and ice, Task Force on Inter Par- trip bus transportation between Documentation in Strasbourg, liamentary Cooperation. Frankfurt Airport in Germany France to cooperate with and and Strasbourg, France plus exchange information with CRS hotel and living expenses. counterparts for the European Parliament.

AGENCY: SECURITIES & EXCHANGE COMMISSION Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment justifying ernment tion or location acceptance

Arthur Levitt, Chairman ...... Silver Chariot. October, 1995. Est. Setyanto P. Santosa, President Non-acceptance would have ValueÐ$250. Pending transfer Director Telkom Indonesia. caused embarrassment to to GSA. donor and U.S. Government. Arthur Levitt, Chairman ...... Painted Portrait of Chairman Setyanto P. Santosa, President Gift delivered following departure. Levitt. December, 1995. Est. Director Telkom Indonesia. Non-acceptance would have ValueÐ$250. Pending transfer caused embarrassment to to GSA. donor.

AGENCY: UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Report of Tangible Gifts

Gift, date of acceptance on behalf Name and title of person accept- of the U.S. Government, esti- Identity of foreign donor and gov- Circumstances justifying ing gift on behalf of the U.S. Gov- mated value, and current disposi- ernment acceptance ernment tion or location

Anthony J. Cauterucci, Director, Guatemala City Bicentennial com- Lizardo Sosa, President, Bank of Non-acceptance would have USAID Mission to Guatemala. memorative coin, 21 carat gold, Guatemala. caused embarrassment to 11¤4'' diameter. RecdÐAugust donor and U.S. Government. 16, 1990. Est. ValueÐ$341.47 at time of receipt. Retained by Agency for official use.

AGENCY: U.S. ARMS CONTROL AND DISARMAMENT AGENCY (ACDA) Report of Travel or Expenses of Travel

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances justifying accept- sistent with the interests of the interests of the U.S. Government ernment ance U.S. Government and occurring outside the United States

Michael Nacht, Assistant Director Recd.Ð1/16/95. Est. ValueÐ Swiss Government ...... To participate in Swiss Con- to the Strategic and Eurasian $3,190.72. Expended for airfare, ference on European Security. Affairs Bureau. hotel, meals. 24580 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

AGENCY: US Nuclear Regulatory Commission Report of travel or Expenses of Travel

Brief description and estimated Name and title of person accept- value of travel expenses accepted ing travel or travel expenses con- as consistent with the interests of Identity of foreign donor and gov- Circumstances justifying sistent with the interests of the the U.S. Government and occur- ernment acceptance U.S. Government ring outside the United States

Monideep Dey, Sr. Reactor Sys- Recd.ÐNovember 26, 1995. Est. Korea Atomic Energy Research To attend International Con- tems Engineer, Office of Nu- valueÐ$2,178. Expended for Institute, Republic of Korea. ference on Probability Safety clear Regulatory Research. airfare and hotel accommoda- Assessment and present paper tions. on ``A General Guideline for Op- timizing Costs for Nuclear Power Safety'' Ellis Merschoff 1, Director of Reac- Recd.ÐDecember 30, 1995. Est. International Atomic Energy Agen- Job interview tor Projects, RII. valueÐ$3,500. Expended for cy (IAEA). airfare, hotel and meals. Hugh Thompson, Deputy Execu- Recd.ÐSeptember 28, 1995. Est. IAEA ...... To participate in IAEA mission to tive Director for Nuclear Material valueÐ$3,000. Expended for Slovenia Safety, Safeguards, and Oper- airfare, hotels, ground transpor- ations Staff, Office of the Exec- tation, typing expenses, long utive Director for Operations. distance phone calls and ex- press mail costs. 1 Per advice from the Department of State Legal Advisor's Office, the IAEA paid for Mr. Merschoff's airfare from Atlanta, GA to Vienna, Austria, and return because the stands of conduct regulations allow payment of a Federal employee's travel expenses for the purpose of a job interview and because the Emoluments Clause of the U.S. Constitution does not apply to gifts from international organizations.

AGENCY: UNITED STATES OFFICE OF GOVERNMENT ETHICS (OGE) Report of Travel or Expenses of Travel

Brief description and estimated Name and title of person accept- value of travel or travel expenses ing travel or travel expenses con- accepted as consistent with the Identity of foreign donor and gov- Circumstances sistent with the interests of the interest of the U.S. Government ernment justifying U.S. Government and occurring outside the United acceptance States

Jack Covaleski, Associate Direc- Recd.ÐNovember 26±December Administrative Control AuthorityÐ Lecture and consultation on anti- tor, Program Assistance and 4, 1995. Est. Value $458. Ex- Egypt. corruption measures. Review. pended for in-country transpor- tation (local, train and airfare) and incidental expenses in Egypt. Stuart C. Gilman, Special Assist- Recd.ÐNovember 26±December Administrative Control AuthorityÐ Lecture and consultation on anti- ant to the Director. 4, 1995. Est. Value $458. Ex- Egypt. corruption measures. pended for in-country transpor- tation (local, train and airfare) and incidental expenses in Egypt. Mrs. Stuart C. Gilman (accom- Recd.ÐNovember 26±December Administrative Control AuthorityÐ Non-acceptance would have panying wife of Special Assist- 4, 1995. Est. Value $938. Ex- Egypt. caused embarrassment to ant). pended for room and board in donor and U.S. Government. government facility, in-country transportation (local, train and airfare) and incidental expenses in Egypt. Mrs. Stephen D. Potts (accom- Recd.ÐNovember 27±December Administrative Control AuthorityÐ Non-acceptance would have panying wife of OGE Director). 1, 1995. Est. Value $394. Ex- Egypt. caused embarrassment to pended for room and board in donor and U.S. Government. government facility, in-country transportation (local and train) and incidental expenses in Egypt. Stuart D. Rick, Associate General Recd.ÐNovember 26±December Administrative Control AuthorityÐ Lecture and consultation on anti- Counsel. 4, 1995. Est. Value $458. Ex- Egypt. corruption measures. pended for in-country transpor- tation (local, train and airfare) and incidental expenses in Egypt.

[FR Doc. 96–11746 Filed 5–14–96; 8:45 am] BILLING CODE 4710±20±M federal register May 15,1996 Wednesday Rule Rocky MountainNationalPark;Proposed Special FlightRulesintheVicinityof 14 CFRPart91,etal. Federal AviationAdministration Transportation Department of Part III 24581 24582 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION economic impact that may result from To this end, the Departments of the adopting the proposals in this notice are Interior and Transportation formed an Federal Aviation Administration also invited. Comments that provide the interagency working group (IWG) on factual basis supporting the views and December 22, 1993, to explore ways to 14 CFR Parts 91, 121, 127, and 135 suggestions presented are particularly limit or reduce the impacts from RIN 2120±AG11 helpful in developing reasoned overflights on national parks, including regulatory decisions. Communications RMNP, while still ensuring access to the [Docket No. 28577; Notice No. 96±4] should identify the regulatory docket parks. The IWG’s tasks include Special Flight Rules in the Vicinity of number and be submitted in triplicate to reviewing the environmental and safety the Rocky Mountain National Park the above specified address. All concerns resulting from park overflights communications and a report and working toward resolution of AGENCY: Federal Aviation summarizing any substantive public specific park impacts where they are Administration (FAA), DOT. contact with FAA personnel on this found to exist. The FAA’s role in the ACTION: Notice of Proposed Rulemaking rulemaking will be filed in the docket. IWG has been to promote aviation and (NPRM). The docket is available for public aviation safety, and to provide for the inspection both before and after the safe and efficient use of airspace. At the SUMMARY: The FAA is proposing to closing date for receiving comments. same time, the FAA recognizes the establish a Special Federal Aviation Before taking any final action on this importance of preserving, protecting, Regulation (SFAR) to preserve the proposal, the Administrator will and enhancing the environment and natural quiet of Rocky Mountain consider all comments made on or minimizing adverse effects of aviation. National Park (RMNP) from any before the closing date for comments, The Department of Interior’s role in the potential adverse impact from aircraft- and the proposal may be changed in IWG has been to protect public land based sightseeing overflights. This light of the comments received. The resources in national parks, preserve NPRM discusses alternative methods to FAA would particularly welcome environmental values of those areas, achieve this goal, and commenters are comments from any operator that is including wilderness areas, and provide invited to address the alternatives. The planning or contemplating air tour for public enjoyment of those areas. primary alternative would impose operations over RMNP. The secretaries of the two restrictions on commercial sightseeing The FAA will acknowledge receipt of Departments see the formation of the flights operated in the airspace over a comment if the commenter includes a working group and the commitment to RMNP. Other alternatives include self-addressed stamped postcard with addressing the effects of park overflights restrictions on some flights or types of the comment. The postcard should be as the initial stage in a spirit of operations over RMNP and various marked ‘‘Comments to Docket No. cooperation between the two forms of operating procedures based on 28577.’’ When the comment is received departments to promote an effective the particular and specific requirements by the FAA, the postcard will be dated, balance of missions. This cooperation is of the park. time stamped, and returned to the also necessary to integrate the roles of DATE: Comments must be received on or commenter. the two departments: the FAA’s authority to control the nation’s airspace before August 13, 1996. Availability of the NPRM ADDRESS: Comments on this NPRM to ensure aviation safety and efficiency, should be mailed, in triplicate to: Any person may obtain a copy of this and the Department of the Interior’s Federal Aviation Administration, Office NPRM by submitting a request to the responsibility for managing the nation’s of the Chief Counsel, Attention: Rules Federal Aviation Administration, Office parks, such as RMNP. The FAA, with the cooperation of the Docket (AGC–200), Docket No. 28577, of Rulemaking, ARM–1, 800 Department of the Interior through the 800 Independence Avenue SW., Independence Avenue SW., IWG, is developing national standards Washington, DC 20591. Comments may Washington, DC 20591, or by calling that can be applied to air traffic over all also be sent electronically to the Rules 202–267–9677. Communications must national parks, not just RMNP. The FAA Docket by using the following Internet identify the notice number of this expects that any SFAR adopted in this address: [email protected]. NPRM. Persons interested in being rulemaking may be superseded by any Comments must be marked Docket No. placed on a mailing list for future FAA national standards. This Notice is not a 28577. Comments may be examined in NPRM’s should request a copy of part of the discussion on national the Rules Docket in Room 915G on Advisory Circular No. 11–2A, Notice of standards; it presents options that will weekdays between 8:30 a.m. and 5:00 Proposed Rulemaking Distribution be considered as means to minimize the p.m., except on Federal holidays. System, which describes application procedures. adverse effects of overflights on RMNP, FOR FURTHER INFORMATION CONTACT: and it seeks comments and suggestions Neil Saunders, Airspace and Rules Background on voluntary and regulatory actions to Division, ATA–400, Airspace National parks are unique natural deal with the issue of aircraft noise Management Service, Federal Aviation resources that have been provided within the Park. Administration, 800 Independence special protection by law. The National Avenue SW., Washington, DC 20591; Park Service (NPS) and the Federal Rocky Mountain National Park Telephone: 202–267–8783. Aviation Administration (FAA) Rocky Mountain National Park SUPPLEMENTARY INFORMATION: recognize that excessive noise from receives approximately three million aircraft overflights can interfere with visitors a year, making it the sixth most Comments Invited NPS efforts to achieve a natural park visited national park in the United Interested parties are invited to experience for visitors on the ground States, despite its relatively small size participate in this proposed rulemaking and to preserve other park values. (for a major Western national park) of by submitting such written data, views, Ensuring access to national parks, 265,727 acres. RMNP is located or arguments as they may desire. while still maintaining the beauty and approximately 40 miles outside the city Comments relating to the experience of the individual park, is one limits of Denver and approximately 50 environmental, energy, federalism, or of the goals of the national park system. miles from the Denver International Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24583

Airport. The topography of the park is the Governor of Colorado, members of environmental assessment will be characterized by steep mountains, the Colorado Congressional delegation, evaluated and a final assessment narrow valleys, and high elevations and other officials to place a preemptive prepared prior to issuing a final rule. (8,000 to 14,250 ft). Seventy percent of ban on air tour operations at RMNP. Regulatory Evaluation park terrain is above 10,000 feet. Even though there are no air tour As with other similar mountainous operations at the Park currently, some Federal regulations must undergo areas, RMNP presents pilots with a operators apparently have expressed an several economic analyses. First, challenging flying environment. It has interest in starting such tours to officials Executive Order 12866 directs that each high winds, often in excess of 100 mph. of Estes Park, Colorado. The government Federal agency shall propose or adopt a The park’s high altitudes diminish officials who have requested regulatory regulation only upon a reasoned engine output and propeller efficiency, action are concerned that an influx of determination that the benefits of the making it more difficult for an aircraft air tour operations at RMNP would intended regulation justify its costs. to perform in high winds. The rugged undermine enjoyment of the Park by Second, the Regulatory Flexibility Act terrain limits maneuverability, and visitors on the ground. of 1980 requires agencies to analyze the rapidly changing weather can envelop The FAA wishes to be responsive to economic effect of regulatory changes an aircraft. Perhaps in part for these concerns about the effects of overflights on small entities. Third, the Office of reasons, the use of the airspace over on the national park system. Although, Management and Budget directs RMNP has so far not been extensive. as noted, the FAA is still developing agencies to assess the effects of Unlike many other national parks, there nationwide standards for overflights of regulatory changes on international are currently no air tour operators national parks, a relatively unusual set trade. In conducting these analyses, the overflying the park or operating in the of circumstances has occurred at RMNP. FAA has determined that this proposed surrounding airspace. Other aviation Judging from the requests received by rule is ‘‘a significant regulatory action’’ users do operate in the airspace above the FAA, there is apparently broad as defined in the Executive Order and RMNP. Non-commercial, general support for limitations on overflights the Department of Transportation aviation aircraft overfly the park among local leaders, even in the absence Regulatory Policies and Procedures. following the routes established for safe of current overflights. There is also This rule would not have a significant passage through the topography. In value in being able to take the initiative impact on a substantial number of small addition, due to the Park’s proximity to now, before any overflights occur. At entities and would not constitute a the Denver International Airport, this point, there has been no barrier to international trade. Due to the aircraft operating to or from the airport environmental loss from overflights and minimal economic impact of this overfly RMNP. Arrival and departure no economic loss to any incumbent proposed rulemaking, further economic routes above the Park are necessary to operator. Accordingly, the Department analysis is not necessary under the ensure the safe and efficient handling of is exploring the options and alternatives Department’s Regulatory Policies and air traffic into the airport. Traffic into available. The IWG has examined both Procedures. the airport operates at approximately traditional regulatory solutions and Some of the proposed alternative 19,000 feet above mean sea level (MSL) alternatives to regulation during its rules would not impose any costs on for jets and 16,000 feet above MSL for review of the national overflight issue. society. However, Alternative One turboprop aircraft. Following a review of the comments would prevent air tour operators form The Park enjoys an extensive road submitted in response to this Notice, the overflying the RMNP for sightseeing system within its boundaries, which FAA could proceed immediately to purposes for the limited duration of the provides numerous opportunities for implement a final rule that best balances SFAR. Currently, there are no viewing the park’s vistas. Park officials the competing needs of different users sightseeing air tour operators overflying estimate that 54 percent of the park can of the park. Therefore, comment is RMNP, and no operator has taken be seen from one or more of the 149 requested on each alternative listed in formal action to begin such operations. miles of roads. the Proposal Section, as the FAA could However, some operators may be Ninety-two percent of the park is adopt none, one, or a combination of the considering starting these types of proposed for conclusion in the National listed alternatives. Comments are also operations over the park in the future. Wilderness Preservation System and is invited to recommend an approach Alternative One would prevent these required by law to be managed as a de different from those discussed here. Any possible sightseeing air tour overflights, facto wilderness until action is taken by such recommendation should fully for a period to be specified, in order to Congress. This means that, among other discuss the associated costs and benefits give the FAA and the NPS time to study things, most motorized vehicles must be of the recommended approach. the situation and to develop a plan for contained within specific narrow Environmental Documentation controlling these overflights to corridors on the existing roadway minimize or eliminate their effect on system, and no future development is This notice proposes a number of park visitors on the ground. permitted. The natural quiet provided alternatives for addressing potential by the wilderness environment is aviation noise issues over Rocky Regulatory Flexibility Determination valued by park users. In a survey of Mountain National Park. The FAA will The Regulatory Flexibility Act of 1980 RMNP users conducted for the NPS, 93 select viable alternatives based on (RFA) was enacted by Congress to percent of the respondents listed comments received and other pertinent ensure that small entities are not tranquillity as an ‘‘extremely’’ or ‘‘very’’ information, identify a proposed unnecessarily burdened by government important value found in the park. And alternative for final rulemaking, and if regulations. The RFA requires agencies approximately 90 percent stated that the rulemaking is selected, publish a draft to review rules that may have a noise from helicopter tours would affect environmental assessment for comment. ‘‘significant economic impact on a their enjoyment of the park. A copy of The draft assessment will evaluate all substantial number of small entities.’’ the study has been placed in the selected alternatives, at minimum There are no operators currently rulemaking docket. assessing the current condition, the performing sightseeing air tour Recently, the Department of preferred alternative, and the worst case operations over RMNP. Therefore, the Transportation has been requested by scenario. Comments on the draft expected impact of this regulatory 24584 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules action is negligible, and the Agency Conclusion Alternative Two: Limits on Operations determines that this proposed For the reasons set forth above, the ‘‘Any person operating an aircraft amendment would not have a FAA has determined that this NPRM is below 2,000 ft AGL for the purpose of significant impact on a substantial a significant regulatory action under carrying passengers for hire for number of small entities. However, we Executive Order 12866. The FAA sightseeing or air tours within the lateral have asked elsewhere for comment on certifies that this NPRM will not have a boundaries of RMNP must operate along whether any person intends to institute significant economic impact, positive or the following prescribed routes: commercial sightseeing operations at negative, on a substantial number of [designate routes that follow the existing RMNP. Any such person is also invited small entities under the criteria of the Park road system]’’ to discuss the impact of the proposed Regulatory Flexibility Act. This NPRM This alternative would require aircraft rule. is considered significant under DOT that fly below 2,000 feet above ground Regulatory Policies and Procedures. International Trade Impact Analysis level (AGL) within the Park to follow The Proposal the road system. The purpose of this This action is not expected to have an proposal would be to concentrate the As previously stated, the FAA wishes adverse impact either on the trade noise of aircraft in the areas of the Park to be responsive to concerns about the opportunities for U.S. firms doing that are already exposed to a high effects of overflights on the national business abroad or on foreign firms concentration of noise from park system. For that reason, the FAA automobiles, buses, etc. On the other doing business in the United States. is considering the following alternatives This assessment is based on the fact that hand, the greatest percentage of ground- in response to RMNP and the overflights based visitors are also on or near the the segment of the aviation industry that issue. The FAA may proceed may be affected by this Notice and Park road system. immediately to a final rule based on this Variant A: ‘‘No person may operate an subsequent rule do not compete with proposal that would implement the best similar operators abroad. That is, their aircraft below 2,000 feet AGL for the alternative or alternatives. Therefore, purpose of carrying passengers for hire competitive environment would be comment is required on each of these limited to RMNP. for sightseeing or air tours while within proposals. The FAA may adopt one or the lateral boundaries of RMNP.’’ Federalism Implications a combination of several of the listed Variant B: ‘‘No person may operate an proposals. aircraft below 2,000 feet AGL for the The following alternatives are listed This action would not have purpose of carrying passengers for hire substantial effects on the States, on the in descending order of restrictiveness. Each alternative lists the specific for sightseeing or air tours within the relationship between the national lateral boundaries of RMNP before 10:00 government and the States, or on the implementing, regulatory language followed by an explanation of the a.m. or after 4:00 p.m.’’ distribution of power and Variant C: ‘‘No person may operate an responsibilities among the various alternative and possible variations on the alternative. aircraft below 2,000 ft AGL for the levels of government. Indeed, State and purpose of carrying passengers for hire local government representatives has Alternative One: Ban on commercial for sightseeing or air tours within the been among the advocates for FAA Aviation Sightseeing Tours lateral boundaries of RMNP from June regulatory action to protect RMNP from ‘‘No person may operate an aircraft through September.’’ the noise created by overflights. within the lateral boundaries of RMNP These three variations on Alternative Therefore, in accordance with Executive if the purpose of that operation is to Two are examples of the types of Order 12612, it is determined that this carry passengers for hire for the purpose restrictions that could be utilized to action will not have sufficient of sightseeing or air tours.’’ minimize the effect of overflights on the federalism implications to warrant the This alternative would prohibit flights Park. Comments would be appreciated preparation of a Federalism Assessment. within RMNP by commercial air tour on these as well as other types of operators. In the opinion of RMNP restrictions that could be possible, International Civil Aviation officials, air torus are the kind of including different operating altitudes Organization and Joint Aviation operations that pose the greatest and times of day and season. Regulations potential danger of creating adverse Commenters are requested to pay In keeping with United States effects on the Park. The FAA’s particular attention to the following preliminary view is that air tour questions: obligations under the convention on • International Civil Aviation, it is FAA operations generally differ from other Would limiting air operations to policy to comply with International operations; e.g., in frequency and road corridors concentrate too much Civil Aviation Organization Standards altitude above ground level. In addition, noise in high visitor use areas? of course, air tour operations tend to and Recommended Practices (SARP) to Conversely, would limiting overflights visit points of interest within the park, to such areas further the goal of the maximum extent practicable. For where ground-based visitors are also maximizing the areas within the Park this action, the FAA has reviewed the likely to concentrate. General aviation where visitors can enjoy the Park’s SARP of Annex 10. The FAA has would continue to operate over the Park natural quiet? determined that the proposals in this under this variation. In discussions with • Would limiting operations by time Notice, if promulgated, will not present the FAA, NPS officials have indicated of day or season of the year be any differences. that other forms of aviation activities economically feasible for potential tour Paperwork Reduction Act within RMNP have not, to date, caused operators? any serious noise problem. The FAA In accordance with the Paperwork specifically seeks comment on whether Alternative Three: Voluntary Reduction Act of 1995 (Pub. L. 104–13), the nature of air tour operations justify Agreement there are no requirements for banning them while continuing to Voluntary agreements are non- information collection associated with permit other commercial and private regulatory but, due to their unique the proposed regulation. operations. nature, are treated as binding by the Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24585 signatories and are strictly self-policed, operators (before they start operating) terminated. Perhaps most of all, the with monitoring by the NPS. Voluntary would voluntarily enter into an FAA is interested in comments from agreements have proven successful in a agreement that would prohibit or potential air tour operators on the number of cases. For instance, a restrict operations within the circumstances under which they would voluntary agreement between the NPS boundaries of RMNP. Comments are be willing to enter into a voluntary and the operators of air tours around the requested on the following matters, agreement to prohibit or limit Statute of Liberty established air tour among others: operations. routes around the Statute and Ellis • Areas that would be covered by a Of course, as with all the listed Island and stand-off distances for the air voluntary agreement, including the alternatives, the FAA could combine a tour aircraft. This in turn created a safer nature of the possible restrictions and voluntary agreement with any of the environment and a more enjoyable the identities of the participants; other alternatives. For example, the experience for the visitors to the Statute. • How such an agreement would be FAA could choose to seek a voluntary A similar arrangement can be found in enforced; ban on operations during the summer, the voluntary agreement concerning the • How an agreement could be combined with route or time-of-day Arch National Park in St. Louis, implemented within the necessary time restrictions during other months. Other Missouri. Of course, voluntary frame for action to protect the Park; combinations could be considered, and • agreements are easier to achieve when Suggestions with respect to the above examples are intended merely there is an identifiable base of air tour penalties for violations; as illustrations. operators with which the NPS can enter • The circumstances under which an Issued in Washington on May 9, 1996. into agreement. agreement could be terminated; and This alternative would provide a non- • Whether a regulatory system should David R. Hinson, regulatory approach to the situation at be imposed now to serve as a Administrator. RMNP. Under this alternative, present contingency back-up in the event that a [FR Doc. 96–12133 Filed 5–10–96; 3:08 pm] and potential future commercial air tour voluntary agreement is not reached or is BILLING CODE 4910±13±M federal register May 15,1996 Wednesday Act of1989;Notice Under Section112oftheHUDReform Lobbying InformationFiledfor1995 Office ofGeneralCounsel;Reports Development Housing andUrban Department of Part IV 24587 24588 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

DEPARTMENT OF HOUSING AND device for hearing- and speech-impaired Government. As a result, the URBAN DEVELOPMENT individuals (TTY) is available at 1–800– Department is making this information 877–8339 (Federal Information Relay available to the public. [Docket No. FR±4008±N±02] Service). Questions regarding this report The information contained in Office of General Counsel; Reports should be submitted in writing to the Appendices A through D of this notice Lobbying Information Filed for 1995 above address. reflects registrations and reports Under Section 112 of the HUD Reform SUPPLEMENTARY INFORMATION: Section submitted to the Department for Act of 1989 112 of the Department of Housing and calendar year 1995. This notice does not Urban Development Reform Act of 1989, involve analysis or make inferences AGENCY: Office of General Counsel, Public Law 101–235, approved from the information provided. HUD. December 15, 1989, added section 13 to Appendix A generally reflects the ACTION: Notice. the Department of Housing and Urban annual report of persons making Development Act, (42 U.S.C. 3531 et SUMMARY: The Department of Housing expenditures for lobbying activities, this seq.). Section 112 required the report, however, is negative. and Urban Development is publishing a Department to, among other things, compilation of reports of lobbying compile and publish expenditure and Appendix B generally reflects the information and registrations submitted registration information filed with the annual report of persons receiving to the Department for calendar year Department during each calendar year. payment for lobbying activities, this 1995, under Section 112 of the Section 112 was repealed, however, by report, however, is negative. Department of Housing and Urban Sections 11(b)(1) and 24(a) of the Appendix C is a list of individuals Development Reform Act of 1989, Lobbying Disclosure Act of 1995 (Pub. who registered as lobbyists under Public Law 101–235. L. 104–65, approved December 19, Section 112. FOR FURTHER INFORMATION CONTACT: 1995). Nevertheless, the Department has Appendix D is a list of entities who Aaron Santa Anna, Assistant General determined, consistent with the intent registered as lobbyists under Section Counsel, Ethics Law Division, of the Department of Housing and Urban 112. Department of Housing and Urban Development Reform Act and the Dated: May 1, 1996. Development, 451 7th Street, SW., Lobbying Disclosure Act, that public Nelson A. Dı´az, Room 2158, Washington, DC 20410. disclosure of the identity of paid Telephone (202) 708–3815 (this is not lobbyists will increase public General Counsel. toll-free number); a telecommunications confidence in the integrity of the BILLING CODE 4210±01±M Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24589 24590 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24591 24592 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24593 24594 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24595 24596 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24597 24598 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24599 24600 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24601 24602 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24603 24604 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24605 24606 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24607 24608 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24609 24610 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24611 24612 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24613 24614 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24615 24616 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24617 24618 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24619 24620 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

[FR Doc. 96–11510 Filed 5–14–96; 8:45 am] BILLING CODE 4210±01±C federal register May 15,1996 Wednesday Department oftheAirForce;Notice Management DemonstrationProject; Proposed LaboratoryPersonnel Management Office ofPersonnel Part V 24621 24622 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

OFFICE OF PERSONNEL 20415; public hearings will be held at VIII. Demonstration Project Costs MANAGEMENT the following locations: IX. Required Waivers to Law and Regulation 1. Rome—Griffiss Business and I. Executive Summary Proposed Laboratory Personnel Technology Park Theater, Building 439, Management Demonstration Project; Kirtland Drive, Rome, New York, The project was designed by the Department of the Air Force 2. Dayton—Wright-Patterson Air Department of the Air Force, with Force Base Theater, 1239 Chestnut participation of and review by the AGENCY: Office of Personnel Street, Kittyhawk Area, Wright- Department of Defense (DoD) and the Management. Patterson Air Force Base, Ohio, Office of Personnel Management (OPM). ACTION: Notice of intent to implement 3. San Antonio—Building 578, Room The purpose of the project is to achieve demonstration project. 218–221, 7909 Lindbergh Drive, Brooks the best workforce for the laboratory mission, adjust the workforce for SUMMARY: Title VI of the Civil Service Air Force Base, Texas, 4. Albuquerque—Phillips Laboratory change, and improve workforce quality. Reform Act, 5 U.S.C. 4703, authorizes The project framework addresses all the Office of Personnel Management Conference Center, Building 201, Conference Room 7a, 1750 Kirtland aspects of the human resources life (OPM) to conduct demonstration cycle model. There are three major areas projects that experiment with new and Drive, SE, Kirtland Air Force Base, New Mexico. of change: (a) laboratory-controlled different personnel management rapid hiring; (b) a contribution- based concepts to determine whether such FOR FURTHER INFORMATION CONTACT: (1) compensation system; and (c) a changes in personnel policy or On proposed demonstration project: streamlined removal process. procedures would result in improved Wendy B. Campbell, HQ AFMC/ST, Initially, the project will cover only Federal personnel management. 4375 Chidlaw Road, Suite 6, Wright- Scientists and Engineers (S&Es) Public Law 103–337, October 5, 1994, Patterson Air Force Base, OH 45433– assigned to the laboratories. A decision permits the Department of Defense 5006, 513–257–1910; (2) On proposed point has been programmed for the end (DoD), with the approval of the OPM, to demonstration project and public of the second year of the demonstration carry out personnel demonstration hearings: Fidelma A. Donahue, U.S. to determine whether or not to expand projects generally similar to the China Office of Personnel Management, 1900 E coverage to other occupational groups Lake demonstration project at DoD Street, NW, Room 7460, Washington, within the laboratory. In the event of Science and Technology (S&T) DC 20415, 202–606–1138. expansion to non-S&E employees, full reinvention laboratories. The Air Force SUPPLEMENTARY INFORMATION: Since approval of the expansion plan will be is proposing one demonstration project 1966, at least 19 studies of Department obtained by AF, DoD, and OPM. to cover its four S&T reinvention of Defense (DoD) laboratories have been Cost neutrality is a basic requirement laboratories: Armstrong, Phillips, Rome, conducted on laboratory quality and of the project. Extensive evaluation of and Wright. personnel. Almost all of these studies the project will be performed by both DATES: To be considered, written have recommended improvements in the OPM and Air Force. The Air Force comments must be submitted on or civilian personnel policy, organization, has programmed a decision point 5 before July 15, 1996; public hearings and management. The proposed project years into the project for continuance, will be scheduled as follows: involves simplified job classifications, modification, or rejection of the 1. Tuesday, June 18, 1996, 10:00 a.m. pay banding, a contribution-based demonstration initiatives. in Rome, New York, compensation system, streamlined II. Introduction 2. Friday, June 21, 1996, 10:00 a.m. in hiring processes, and modified Dayton, Ohio, Reduction-in-Force (RIF) procedures. A. Purpose 3. Wednesday, June 26, 1996, 10:00 Dated: May 7, 1996. The purpose of the project is to a.m. in San Antonio, Texas, and Office of Personnel Management. demonstrate that the effectiveness of 4. Thursday, June 27, 1996, 10:00 a.m. Department of Defense (DoD) in Albuquerque, New Mexico. At the James B. King, Director. laboratories can be enhanced by time of the hearings, interested persons allowing greater managerial control over or organizations may present their Table of Contents personnel functions and, at the same written or oral comments on the I. Executive Summary time, expanding the opportunities proposed demonstration project. The II. Introduction available to employees through a more hearings will be informal. However, A. Purpose responsive and flexible personnel anyone wishing to testify should contact B. Problems with the Present System system. The quality of DoD laboratories, the person listed under FOR FURTHER C. Changes Required/Expected Benefits their people, and products has been D. Participating Organizations INFORMATION CONTACT, and state the under intense scrutiny in recent years. hearing location, so that OPM can plan E. Participating Employees F. Project Design The perceived deterioration of quality is the hearings and provide sufficient time believed to be due, in substantial part, for all interested persons and III. Personnel System Changes A. Hiring and Appointment Authorities to the erosion of control which line organizations to be heard. Priority will B. Broadbanding managers have over their human be given to those on the schedule, with C. Classification resources. This demonstration, in its others speaking in any remaining D. Contribution-based Compensation entirety, attempts to provide managers, available time. Each speaker’s System at the lowest practical level, the presentation will be limited to ten E. Contribution-based Reduction in Pay or authority, control, and flexibility minutes. Written comments may be Removal Actions F. Voluntary Emeritus Corps needed to achieve quality laboratories submitted to supplement oral testimony and quality products. during the public comment period. G. Revised Reduction-In-Force (RIF) Procedures B. Problems With the Present System ADDRESSES: Comments may be mailed to IV. Training Fidelma A. Donahue, U.S. Office of V. Conversion Air Force laboratory products Personnel Management, 1900 E Street, VI. Project Duration contribute to the readiness of U.S. NW., Room 7460, Washington, DC VII. Evaluation Plan forces. To do this, laboratories must Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24623 acquire enthusiastic, innovative, highly the demonstration including pay equity, have been excluded from the project educated scientists and engineers to classification accuracy, and fairness of because of special pay provisions for meet their mission. They must be able performance management A full range their occupation which exceed the to compete with the private sector for of measures will be collected during upper limits of the proposed the best talent and be able to make job project evaluation (section VII). broadbanding. The series to be included offers in a timely manner with the in the project are identified in Table 2. D. Participating Organizations attendant bonuses and incentives to attract topnotch researchers. Today, The four Air Force Materiel Command TABLE 2.ÐSERIES INCLUDED IN THE industry laboratories can make an offer (AFMC) laboratory directors/ AIR FORCE DEMONSTRATION PRO- of employment and two counteroffers to commanders are located as follows: POSAL (AS OF 31 DEC. 95) a promising new hire before the Armstrong Laboratory—Brooks AFB, government can get the first offer on the Texas 0180 Psychology table. When filling vacancies internally, Phillips Laboratory—Kirtland AFB, New 0190 General Anthropology managers are forced into employee Mexico 0401 General Biological Science choices based not on research expertise, Rome Laboratory—Rome, New York 0403 Microbiology but on career program membership or Wright Laboratory—Wright-Patterson 0413 Physiology special placement programs. Currently, AFB, Ohio 0414 Entomology jobs are described using a cumbersome Scientists and Engineers (S&Es) 0415 Toxicology classification system that is overly assigned to the laboratories work at the 0665 Speech Pathology & Audiology locations shown in Table 1. 0701 Veterinary Medical Science complex and specialized. This hampers 0801 General Engineering a manager’s ability to shape the 0803 Safety Engineering TABLE 1.ÐS&E DUTY LOCATIONS BY workforce and match the positions 0804 Fire Protection Engineering while making best use of the employees. LABORATORY (AS OF 31 DEC. 95) 0806 Materials Engineering Managers must be given local control of 0807 Landscape Architecture positions and their classification to Laboratory Duty location S&Es 0808 Architecture move both their employees and 0810 Civil Engineering Armstrong Aberdeen Proving 3 vacancies freely within their 0819 Environmental Engineering Ground, MD. 0830 Mechanical Engineering organization to other lines of research Brooks AFB, TX ...... 167 when business or technology demands. 0840 Nuclear Engineering San Diego, CA ...... 1 0850 Electrical Engineering These issues work together to hamper Tyndall AFB, FL ...... 27 0854 Computer Engineering supervisors in all areas of human Williams AFB, AZ ...... 14 0855 Electronics Engineering resource management. Hiring Wright-Patterson AFB, 97 0858 Biomedical Engineering restrictions and overly complex job OH. 0861 Aerospace Engineering Phillips ...... Edwards AFB, CA ...... 120 classifications, coupled with poor tools 0892 Ceramic Engineering Hanscom AFB, MA ..... 188 0893 Chemical Engineering for rewarding and motivating employees Kirtland AFB, NM ...... 246 0896 Industrial Engineering and a system that does not assist Malabar, FL ...... 1 1301 General Physical Science managers in removing poor performers Maui Island, HI ...... 1 1306 Health Physics builds stagnation in the workforce and Sunspot, NM ...... 5 1310 Physics wastes valuable time. Rome ...... Rome, NY ...... 424 1313 Geophysics Hanscom AFB, MA ..... 82 C. Changes Required/Expected Benefits Wright ...... Eglin AFB, FL ...... 177 1320 Chemistry Kelly AFB, TX ...... 5 1321 Metallurgy This project is expected to 1330 Astronomy & Space Science demonstrate that a human resource McClellan AFB, CA .... 10 Robins AFB, GA ...... 4 1340 Meteorology system tailored to the mission and need 1370 Cartography of the laboratory will result in: (a) Tyndall AFB, FL ...... 12 Wright-Patterson AFB, 1207 1515 Operations Research increased quality in the science and OH. 1520 Mathematics engineering workforce and the 1529 Mathematical Statistician laboratory products they produce; (b) 1530 Statistician E. Participating Employees increased timeliness of key personnel 1550 Computer Science processes; (c) trended workforce data In determining the scope of the that reveals increased retention of demonstration project, primary Other non-S&E positions may be ‘‘excellent contributors’’ and separation considerations were given to the phased in during the course of the rates of ‘‘poor contributors’’; and (d) number and diversity of occupations project. A decision point for expanded increased customer satisfaction with the within the laboratories and the need for employee coverage has been laboratory and its products by those Air adequate development and testing of the programmed for the end of the second Force and DoD customers they service. Contribution-based Compensation year of the demonstration project. In the The Air Force demonstration program System (CCS). Additionally, current event of expansion to non-S&E builds on the successful features of DoD human resource management employees, full approval of the demonstration projects at China Lake design goals and priorities for the entire expansion plan will be obtained by AF, and the National Institute of Standards civilian workforce were considered. DoD, and OPM. and Technology (NIST). These While the intent of this project is to Current demographics and union demonstration projects have produced provide the laboratory directors/ representation for the S&E positions are impressive statistics on the job commanders with increased control and shown in Table 3. satisfaction for their employees versus accountability for their total workforce, that for the federal workforce in general. the decision was made to initially TABLE 3.ÐS&E DEMOGRAPHICS AND Therefore, in addition to the expected restrict development efforts to General UNION REPRESENTATION (AS OF 31 benefits mentioned above, the AF Schedule (GS/GM) positions within the DEC. 95) demonstration expects to find more scientific and engineering specialties. satisfied employees on many aspects of Research Medical Officers (GS–0602) GS/GM 13 and Above ...... 1965 24624 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

TABLE 3.ÐS&E DEMOGRAPHICS AND to effectively manage workforce attained to be eligible for this UNION REPRESENTATION (AS OF 31 turnover and maintain organizational employment program. The project will DEC. 95)ÐContinued excellence were also developed. These also include an Outstanding Scholar in 27 initiatives were endorsed and Science and Engineering employment GS±12 and below ...... 826 accepted in total by the laboratory program which will allow directors/commanders. noncompetitive appointment at the Total ...... 2791 After the authorizing legislation equivalent of the GS–7 level. This will Occupational series ...... 41 passed, a project office with four allow rapid hiring of those who receive Duty location ...... 17 employees was established in an undergraduate degree in a qualifying 1 Veterans ...... 19.78 September 1994. Under the guidance of scientific or engineering curriculum Union Representation: the Director of Science and Technology, NFFE: with an overall grade point average of Eglin AFB, Florida ...... 145 the office was charged with further 3.5 or better on a 4.0 scale, or who are Hanscom AFB, Massachusetts 233 developing the demonstration concept in the top 10% of their graduating class. Tyndall AFB, Florida ...... 33 and bringing it to implementation. As a This program is patterned after the IFPTE: first task, the project office asked the Outstanding Scholar authority for McClellan AFB, California ...... 9 four laboratories and the civilian appointing to non-S&E entry-level 1 Percent. personnel offices that service them for professional and administrative volunteers to staff six Integrated Product occupations. The Outstanding Scholar Of the 2,791 scientists and engineers Teams (IPTs). Sixty civilian managers authority was provided by a court- assigned to the laboratories, 420 are and employees from all laboratories in approved consent decree in Luevano v. represented by labor unions. Employees most geographic locations and from Newman. at Hanscom AFB, Massachusetts, are appropriate base level personnel offices These hiring authorities are necessary represented by the National Federation came together and have worked for 9 because S&E positions in Air Force of Federal Employees (NFFE) Local months to develop the detailed concept laboratories will continue to be shortage 1384. Employees at Eglin AFB, Florida, and implementation for each initiative. occupations as they are involved in are represented by NFFE Local 1940. After thorough study, the original 27 highly specialized areas of technology Employees at Tyndall AFB, Florida, are initiatives were reduced to 20. Seven of that require job-specific skills in short represented by NFFE Local 1113. the original initiatives appear herein. supply. The Advanced Degree Employees at McClellan AFB, The remainder are under either DoD or Employment Program applies to both California, are represented by the Air Force regulation, and waivers are initial appointment and in-service International Federation of Professional being sought at those levels. placement actions. The program is used and Technical Engineers (IFPTE) Local III. Personnel System Changes to determine eligibility for applicable 330. Union representatives have been broadband level I and II positions of separately notified about the project. A. Hiring and Appointment Authorities persons who have completed (or expect The Air Force is proceeding to fulfill its 1. Hiring Authority to complete within 9 months) all the obligation to consult or negotiate with requirements for a master’s or doctoral the unions, as appropriate, in A candidate’s basic eligibility will be degree from an accredited college or accordance with 5 U.S.C. 4703(f). determined using OPM’s ‘‘Qualification university in a curriculum that is Standards Handbook For General F. Project Design qualifying for the position to be filled. Schedule Positions.’’ Broadband level I The use of the Superior Academic In August 1994, a special action ‘‘tiger minimum eligibility requirements will Achievement and Advanced Degree team’’ was formed by the Director of be the GS–07 qualifications. Broadband Employment Programs will allow the Science and Technology for Air Force level II minimum eligibility selecting supervisor to accomplish Materiel Command in response to the requirements will be the GS–12 Equal Employment Opportunity proposed DoD legislation allowing qualifications. Broadband levels III and objectives while ensuring a high quality reinvention laboratories to conduct IV are single-grade broadband levels and workforce. personnel demonstrations. The team will mirror the minimum qualifications In the proposed system, as with the was chartered to take full opportunity of for the respective General Schedule current system, the individual manager this legislation and try to develop grades of 14 and 15. Selective placement will decide whether to fill a position solutions that would solve many of the factors may be established in from among internal candidates or to laboratory personnel issues that have accordance with the OPM Qualification recruit from outside the Air Force. If the been so prevalent and well documented. Handbook when judged to be critical to decision is made to recruit new The team composition included current successful job performance. These appointments from outside the Federal managers from the four Air Force factors will be communicated to all government, candidates will be laboratories, retired and current candidates for particular position evaluated using the following method. laboratory directors, and subject matter vacancies and must be met for basic The selecting supervisor will develop experts from civilian personnel and eligibility. written job-related ranking criteria. manpower. This team developed 27 The demonstration project will Candidates who meet the basic initiatives which together represented include an Advanced Degree eligibility will be separated into two sweeping changes in the entire Employment Program which provides a groups based on the appropriateness of spectrum of human resource vehicle for rapid employment of their experience or education relating to management for the laboratories. individuals with master’s and/or the position being filled. Candidates Several initiatives were designed to doctoral degrees in science and with superior qualifications will be assist the laboratories in hiring and engineering fields into positions for placed in Group A, all others will be placing the best people to fulfill mission which there is a positive education placed in Group B. Within each group, requirements. Others focused on requirement in those fields. The Air veterans preference will be applied by developing, motivating, and equitably Force will identify some measure of placing all preference eligibles ahead of compensating employees based on their academic excellence that candidates non-preference eligibles. Numerical contribution to the mission. Initiatives with advanced degrees must have scores will not be assigned. Selection Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24625 will be made from among candidates in demonstrate proper conduct, technical Level/Title(s) Group A. Candidates in Group B may competency, and/or adequate I Associate—(Electronics Engineer, only be selected when there are no contribution for continued employment. Chemist, etc.) candidates in Group A. When a laboratory decides to terminate II Title of Appropriate Series Preference in employment will be an employee serving a probationary (Physicist, Biologist, etc.) or given to qualified applicants who meet period because their work contribution Supervisory—(Nuclear Engineer, etc.) one of the veterans preference eligibility or conduct during this period fails to III Senior—(Mathematician, Computer criteria in 5 U.S.C. 2108, provided they demonstrate their fitness or Scientist, etc.) or Supervisory are equally qualified for the vacant qualifications for continued Senior—(Physical Scientist, etc.) position. employment, it shall terminate their IV Principal—(Microbiologist, 2. Appointment Authority services by written notification of the Psychologist, etc.) or Supervisory reasons for separation and the effective Principal—(Aerospace Engineer, etc.) Under the demonstration project, date of the action. The information in Generally, employees will be there will be two appointment options: the notice as to why the employee is regular career and contingent. The converted into the broadband level being terminated shall, as a minimum, which includes their current GS/GM career-conditional appointment consist of the laboratory’s conclusions authority will not be used under the grade. Each employee is assured an as to the inadequacies of their initial place in the system without loss demonstration project. Regular career contribution or conduct. appointments will continue to use of pay. As the rates of the General existing authorities and entitlements, B. Broadbanding Schedule are increased due to general and employees will serve a probationary pay increases, the minimum and period. Contingent appointments will The proposed broadbanding system maximum rates of the four broadband use the existing term appointment will replace the current General levels will also move up. Individual authority which includes a limit of 4 Schedule (GS) structure. Currently, the employees receive pay increases based years and most benefits. This contingent 15 grades of the General Schedule are on their assessments under the appointment is designed to attract high used to classify positions and, therefore, Contribution-based Compensation quality new scientists and post-doctoral to set pay. The General Schedule covers System. Since pay progression through students who may wish to choose an Air all white collar work—administrative, the levels depends on merit, there will Force laboratory experience for a few technical, clerical, and professional. be no scheduled Within-Grade Increases years, accruing some portable retirement This system will initially cover only (WGIs) for employees once the and receiving benefits during this scientific and engineering (S&E) broadbanding system is in place. tenure. positions in the Air Force laboratories. Special Salary Rates will no longer be Scientific and Professional (ST) and applicable to demonstration project 3. Extended Probationary Period Senior Executive Service (SES) employees. All employees will be A new employee needs to employees are not covered. eligible for the future locality pay demonstrate adequate contribution The broadband levels are designed to increases of their geographical area. during all cycles of a research effort for enhance pay progression and to allow Newly hired personnel entering the a laboratory manager to render a for more competitive recruitment of system will be employed at a level thorough evaluation. The current 1 year quality candidates at differing rates consistent with the expected probationary period will be extended to within the appropriate broadband contribution of the position and 3 years for all newly hired regular career level(s). Competitive promotions will be individual basic qualifications for the employees. The purpose of extending less frequent and movement through the level, as determined by rating against the probationary period is to allow broadband levels will be a more qualification standards. Salaries of supervisors an adequate period of time seamless process than today’s individual candidates will be based on to fully evaluate an employee’s procedure. Like the previous broadband academic qualifications and experience. contribution and conduct. systems used at China Lake and the In addition to the flexibilities available Aside from extending the time period, National Institute of Science and under the broadbanding system, the all other features of the current Technology (NIST), advancement authorities for retention, recruitment, probationary period are retained within the system is contingent on and relocation payments granted under including the potential to remove an merit. the Federal Employees’ Pay employee without providing the full Comparability Act of 1990 (FEPCA) can substantive and procedural rights There will be four broadband levels in also be used. afforded a non-probationary employee. the proposed system, labeled I, II, III, Employees who leave the Air Force Any employee appointed prior to the and IV. They will include the current broadbanding system to accept federal implementation date will not be grades of GS–7 through GS/GM–15. employment in the traditional Civil affected. The 3 year probation will These are the grades in which the S&E Service system will have their pay set apply to non-status hires. That is, it will employees in the Air Force laboratories by the gaining activity. Where a apply only to new hires or those who do are found. Broadband level I includes broadband level includes a single GS not have reemployment or reinstatement the current GS–7 through GS–11; level grade, the employees are considered to rights. Air Force Palace Knight and II, GS–12 and GS/GM–13; level III, GS/ have attained the grade commensurate Senior Knight appointments must GM–14; and level IV, GS/GM–15. with the broadband level they are complete 3 years of directly supervised Comparison to the GS grades was useful leaving. Where broadband levels employment in the laboratory to in setting the upper and lower dollar include multiple grades, employees are complete the probationary period (i.e., limits of the broadband levels; however, considered to have progressed to the time spent at school does not count once the employees are moved into the next higher grade within that broadband towards fulfilling the probationary demonstration project, General level when they have been in the level period requirement). Schedule grades will no longer apply. for 1 year and their salary equals or Probationary employees will be The titles associated with each exceeds the minimum salary of the terminated when the employee fails to broadband level are as follows: higher grade. For employees who are 24626 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices entitled to a special rate upon return to guidance from supervisor or higher level prepares contract documents and reviews the General Schedule, the scientist or engineer. Works closely with reports pertaining to area of technical demonstration project locality rate must peers in collectively solving problems of expertise. May assist in filing innovation equal or exceed the minimum special moderate complexity, involving limited disclosures, inventions, and patents. variables, precedents established in related Effectively prepares and presents own and/or rate of the higher grade. Refer to section projects, and minor adaptations to well- team technical results. Communicates work V for information concerning established methods and techniques. to varied laboratory, scientific, industry, and conversion to and from the Recognized within own organization for other government audiences. May prepare demonstration project. technical ability in assigned areas. and present presentations on critical program The use of broadbanding provides a Communications/Reporting: Provides data for use at higher levels with some guidance. stronger link between pay and and written analysis for input to scientific Corporate Resource Management: Manages contribution to the mission of the papers, journal articles, and reports and/or all aspects of technically complex in-house laboratory. It is simpler, less time assists in preparing contractual documents work units or one or more contractual efforts consuming, and less costly to maintain. and/or reviews technical reports; work is in assigned program area. Effectively plans acknowledged in team publications. and controls all assigned resources. Makes In addition, such a system is more easily Effectively presents technical results of own and meets time and budget estimates on understood by managers and employees, studies, tasks, or contract results. Material is assigned projects or takes appropriate is easily delegated to managers, presented either orally or in writing, within corrective action. Participates in coincides with recognized career paths, own organization or to limited external organizational or strategic planning at team and complements the other personnel contacts. Conducts these activities under level, taking cognizance of complementary management aspects of the guidance of supervisor and/or team leader. projects elsewhere to ensure optimal use of demonstration project. Corporate Resource Management: May resources. coordinate elements of in-house work units Technology Transition/Technology C. Classification or assist in managing a scientific or support Transfer: Develops demonstrations and 1. Occupational Series contract. Uses personal and assigned interacts independently with internal/ resources efficiently under guidance of external customers. As a team member, The present General Schedule supervisor or team leader. As an implements partnerships for transition and/ classification system has 434 understanding of organizational activities, or transfer of technology (Advanced occupational series which are divided policies, and objectives is gained, Technology Demonstrations, Memorandums into 22 groups. The Air Force participates in team planning. of Understanding, Joint Director of Labs/ laboratories currently have scientific Technology Transition/Technology Project Reliance, Cooperative Research and and engineering (S&E) positions in 41 Transfer: Participates as a team member in Development Agreements, and other dual-use demonstrating technology and in interacting vehicles). Evaluates and incorporates series which fall into 7 groups. The with internal/external customers. With appropriate outside technology in individual occupational series, which frequently guidance, contributes to technical content of or team activities. provide well-recognized disciplines partnerships for technology transition and/or R&D Business Development: Initiates with which employees wish to be transfer (Advanced Technology meetings and interactions with customers to identified, will be maintained. This will Demonstrations, Memorandums of understand customer needs. Generates key facilitate movement of personnel into Understanding, Joint Director of Labs/Project ideas for program development based on and out of the proposed demonstration. Reliance, Cooperative Research and understanding of technology and customer Other scientific and engineering series Development Agreements, and other dual-use needs. Demonstrates expertise to internal/ may be added to the project as the need vehicles). Seeks out and uses relevant outside external customers. Contributes technically technologies in assigned projects. to proposal preparation and marketing to for new professional skills emerges R&D Business Development: As a team establish new business opportunities. within the laboratory environment. member communicates with customers to Cooperation and Supervision: Contributes 2. Classification Standards understand customer requirements. By as a technical task or team leader; is sought maintaining currency in area of expertise, out for expertise by peers; and participates in The present system of OPM contributes as a team member to new mentoring of team members. May guide on a classification standards will be used for program development. May technically daily basis, technical, programmatic, and the identification of proper series and participate in writing proposals to establish administrative efforts of individuals or team occupational titles of positions within new business opportunities. members. May recommend selection or may the demonstration project. References in Cooperation and Supervision: Contributes select staff and/or team members. Assists in the position classification standards to to all aspects of teams’ responsibilities. May the development and training of individuals grade criteria will not be used as part of technically guide or mentor less experienced or team members. May participate in position personnel on limited aspects of scientific or and performance management. Receives the demonstration project. Rather, the engineering efforts. Receives close guidance general guidance in terms of policies, CCS broadband level descriptors will be from supervisor and/or higher level scientist program objectives, and/or funding issues used for the purpose of broadband level or engineer. Performs duties in a from supervisor and/or higher level scientist determination. Under the proposed professional, responsive, and cooperative or engineer. Discusses novel concepts and system, each broadband level is manner in accordance with established significant departures from previous represented by a set of level descriptors. policies and procedures. practices with supervisor or team leader. Based on a yearly assessment of the Level II Descriptors Level III Descriptors employee’s level of contribution to the Technical Problem Solving: Conducts in- Technical Problem Solving: Conducts and/ organization in relation to these house technical activities and/or provides or directs technical activities and/or assists descriptors, the broadband level and contract technical direction to programs of higher levels on challenging and innovative salary are reviewed and appropriately moderate size and complexity with minimal projects or technical program development adjusted. This eliminates the need for oversight. Contributes technical ideas and with only broad guidance. Develops the use of grading criteria in the OPM conceives and defines solutions to technical solutions to diverse, complex problems classification standards. problems of moderate size or complexity. involving various functional areas and The broadband level descriptors are: Recognized internally and externally by disciplines. Conducts and/or directs large peers, both in governmental and industrial programs in technically complex areas. Level I Descriptors activities, for technical expertise. Recognized within the laboratory, service, Technical Problem Solving: Conducts in- Communications/Reporting: Writes or is DoD, industry, and academia for technical house technical activities and/or may major contributing author on scientific expertise and has established professional provide contract technical direction with papers, journal articles, or reports and/or reputation in national technical community. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24627

Communications/Reporting: Lead author general guidance or independently directs efforts with complete accountability for on major scientific papers, refereed journal overall R&D program. Conceives and mission and programmatic success. articles, and reports and/or prepares and develops creative solutions to the most Recommends selection or selects staff, team reviews contract documents and reviews complex problems requiring highly leaders, and team members; fosters reports of others pertaining to overall specialized areas of technical expertise. development and training of supervisory and program. May document or file inventions, Recognized within the laboratory, service, non-supervisory individuals. Directs or patents, and innovation disclosures relevant DoD, and other agencies for broad technical recommends position and performance to subject area. Prepares and presents area expertise and has established management. Works within the framework of technical and/or financial and programmatic professional reputation in the national and agency policies, mission objectives, and time briefings and documentation for team, international technical community. and funding limitations. organization, or technical area. Prepares and Communications/Reporting: Lead or sole delivers presentations for major projects and author on scientific papers, refereed journal 3. Classification Authority technology areas to scientific and/or articles, reports, or review articles which are Laboratory directors/commanders will government audiences. Reviews oral recognized as major advances or resolutions have delegated classification authority presentation of others. Communication and in the technical area and/or reviews and and may, in turn, redelegate this reporting functions conducted with minimal approves reporting of all technical products authority no lower than two higher level oversight. of mission area. May exploit innovations management levels below the director/ Corporate Resource Management: Defines which normally lead to inventions, program strategy and resource allocations for disclosures, and patents. Prepares and commander. Classification approval, in- house and/or contractual programs. For presents technical and/or financial and however, must be exercised at least one assigned technical areas, conducts program programmatic briefings and documentation management level above the first level planning, coordination, and/or for breadth of programs at or above own supervisor of the employee or position documentation (master plans, roadmaps, level. As subject matter expert, prepares and under review. Supervisors at the lower Joint Director of Lab/Reliance, etc.). delivers invited or contributed presentations, levels will provide classification Advocates to laboratory and/or higher papers at national or international recommendations. Personnel specialists headquarters on budgetary and programmatic conferences on technical area, or gives policy will provide on-going consultation and level briefings. Singularly responsible for issues for resources. Based on knowledge of guidance to managers and supervisors analytical and evaluative methods and overall quality and timeliness of technical/ techniques, participates in strategic planning scientific/ programmatic reports and throughout the classification process. at branch and/or division level. Considers presentations of group and self. 4. Statement of Duties and Experience and consults on technical programs of other Corporate Resource Management: Defines (SDE) organizations working in the field to ensure technology area strategy and resource optimal use of resources. allocations for in-house and contractual Under the proposed classification Technology Transition/Technology programs. For multiple technical areas, system, the automated Statement of Transfer: Develops customer base and conducts overall program planning and Duties and Experience (SDE) will expands opportunities for technology coordination, and/or program documentation replace the current AF Form 1378, transition and transfer. Leads or serves as key (master plans, roadmaps, Joint Director of Civilian Personnel Position Description. technical member of teams implementing Labs/Project Reliance, etc.). Advocates to The SDE will include a description of command, service, and agency levels on partnerships for transition or transfer of job-specific information, reference the technology (Advanced Technology budgetary and programmatic issues for Demonstrations, Memorandums of resources. Utilizing advanced analytical and CCS broadband level descriptors for the Understanding, Joint Director of Labs/Project evaluative methods and techniques, leads assigned broadband level, and provide Reliance, Cooperative Research and strategic planning and prioritization data element information pertinent to Development Agreements, and other dual-use processes. Develops strategy to leverage the job. Laboratory supervisors will vehicles). Ensures incorporation of outside resources from other agencies and ensures follow a computer assisted process to technology within laboratory programs. equitable distribution and appropriate use of produce the SDE. The objectives in R&D Business Development: Works to internal resources. developing the new SDE are to: (a) establish customer alliances and translates Technology Transition/Technology simplify the descriptions and the Transfer: Organizes, leads, and markets customer needs to programs in a particular preparation process through technical area. Develops feasible research overall technology transition and transfer strategies and/or business strategies for new activities for organization at senior automation, (b) make the SDE specific to technical activities. Seeks joint program management levels. Leads in formulation and the employee, and (c) make the SDE a coalitions with other agencies and funding oversight of Advanced Technology more useful tool for other functions of opportunities from outside organizations. Demonstrations, Memorandums of personnel management, e.g., recruiting, Pursues near-term business opportunities Understanding, Joint Director of Labs/Project reduction-in-force, assessment of through proposals. Reliance, Cooperative Research and contribution, and employee Cooperation and Supervision: Is sought out Development Agreements, and other dual-use development. for consultation and mentors team members. vehicles. Creates an environment that Guides the research, technical and/or encourages widespread exploitation of both 5. Skill Codes programmatic, and administrative efforts of national and international technologies. The Air Force uses skill code sets R&D Business Development: Works with individuals or teams with accountability for within the Defense Civilian Personnel focus and quality. Recommends selection or the senior management level to stimulate selects staff and/or team members. Supports development of customer alliances for Data System (DCPDS) as a means to development and training of subordinates several technical areas. Generates strategic reflect duties of current positions and and/or team members. Participates in research and/or business objectives for core employees’ previous experiences. Each position and performance management. technical areas. Recognizes warfighting code represents a specialization within Receives only broad policy and trends, relates business opportunities, and the occupation. Specializations are administrative guidance from supervisor, convinces laboratory management to develop those described in classification or such as initiation and curtailment of and/or acquire expertise and commit funds. qualification standards and those agreed programs. Secures business opportunities supporting upon by functional managers and long-term mission relevancy through targeted Level IV Descriptors proposals and processes. personnel specialists to be important to Technical Problem Solving: Independently Cooperation and Supervision: Establishes staffing patterns and career paths. These defines, leads, and manages the most team charters and develops future team codes are used to refer candidates for challenging and innovative complex leaders and supervisors. Leads and manages employment with the Air Force, technical activities/programs consistent with all aspects of subordinates’ or team members’ placement of current employees into 24628 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices other positions, and selection for the career program to which the allows for more employee involvement training under competitive procedures. position belongs; the bargaining unit in the assessment process, increases To facilitate the movement of personnel status code; and the contribution factor communication between supervisor and into and out of the demonstration weights which apply to the job category employee, promotes a clear project, the current Air Force system of previously selected. This information, accountability of contribution, skills coding will continue to be used. along with the supervisory level and the facilitates employee career progression, Laboratory supervisors will select competitive level code, constitutes the provides an understandable basis for appropriate skill code sets to describe SDE addendum. These data elements salary changes, and delinks awards from the work of each employee through the will be maintained as a separate page of the annual assessment process. Funds automated SDE process. the SDE (i.e., an addendum) as this previously allocated for performance- 6. Classification Process information can change frequently. By based awards will be reserved for maintaining this information as an distribution under a separate laboratory The SDE is accomplished by addendum, the need to create and awards program. completion of the following steps classify a new SDE each time one of CCS is a contribution-based utilizing an automated system: these elements must be updated is assessment system that goes beyond a (a) The supervisor enters, by typing alleviated. performance-based rating system. That free-form, the organizational location, (d) The supervisor accomplishes the is, it measures the employee’s SDE number, and the employee’s name. SDE with a recommended classification, From the menu, the supervisor selects contribution to the organization rather then signs and dates the document. The than how well the employee performed the appropriate occupational series and SDE is sent to the individual in the title, the level descriptors corresponding a job as defined by a performance plan; organization with delegated one which may represent a lower level to the broadband level that is most classification authority for approval and commensurate with an employee’s of responsibility and expectation based classification, which is indicated by that on the employee’s previous anticipated level of contribution, the person signing and dating the SDE. CCS job category, the functional performance. CCS promotes proactive The computer assisted system will salary adjustment decisions to be made classification code, and the supervisory incorporate definitions for the CCS job level. The supervisor then fills in the on the basis of an individual’s overall categories, supervisory levels, all S&E contribution to the organization. blanks in a standard statement relating occupational series, as well as their to the level of certification and Contribution is measured by factors, corresponding skill code sets and the each of which is relevant to the success functional area for the Acquisition functional classification codes. The Professional Development Program of an Research and Development (R&D) functional classification codes are those laboratory. Six factors have been (APDP). currently found in the OPM (b) The supervisor creates a brief developed for evaluating the yearly ‘‘Introduction to the Classification description of job-specific information contribution of S&E personnel covered Standards’’ which define certain kinds by typing free-form at the appropriate by this initiative: Technical Problem of activities, e.g., research, development, point. From a menu, the supervisor will Solving, Communications/Reporting, test and evaluation, etc. The FLSA choose statements pertaining to physical Corporate Resource Management, status selection must be in accordance requirements; knowledges, skills, and Technology Transition/Technology with OPM guidance. Throughout the abilities required to perform the work; Transfer, R&D Business Development, above process, manpower analysts and and special licenses or certifications and Cooperation and Supervision. personnel specialists will be available to needed (other than APDP). Based on the Each factor has four levels of advise laboratory management. supervisory level code selected above, increasing contribution corresponding the system will produce mandatory D. Contribution-based Compensation to the four broadband levels. These statements pertaining to affirmative System factors use the same descriptors as those employment, safety, and security presented under classification (section 1. Overview programs. The system will also produce III C). Under classification, for example, a statement pertaining to positive The purpose of the Contribution- only level I descriptors are applied for education requirements, or their based Compensation System (CCS) is to each of the six factors for a level I equivalencies, based on the provide an effective, efficient, and employee. For the CCS assessment occupational series selected. flexible method for assessing, process, the six factors are presented (c) The supervisor selects up to three compensating, and managing the with all four levels of contribution to skill code sets from the listing provided laboratory S&E workforce. It is essential better assist supervisor assessment. which are appropriate to the job. From for the development of a highly Therefore, for classification, the factors the menu, the supervisor also selects the productive workforce and to provide are sorted first by level and then by position sensitivity; Fair Labor management, at the lowest practical factor as shown in section III C 2. For Standards Act (FLSA) status; drug level, the authority, control, and the CCS assessment process, the level testing requirements; emergency flexibility needed to achieve quality descriptors are sorted first by factor and essential and key position information; laboratories and quality products. CCS then by level as shown below.

Level Descriptor Key elements

FACTOR 1: TECHNICAL PROBLEM SOLVING

I ...... Conducts in-house technical activities and/or may provide contract technical direction Scope of Project/Level of Impact. with guidance from supervisor or higher level scientist or engineer. Works closely with peers in collectively solving problems of moderate complexity, in- Technical Complexity/Creativity. volving limited variables, precedents established in related projects, and minor adap- tations to well-established methods and techniques. Recognized within own organization for technical ability in assigned areas ...... Recognition Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24629

Level Descriptor Key elements

II ...... Conducts in-house technical activities and/or provides contract technical direction to Scope of Project/Level of Impact. programs of moderate size and complexity with minimal oversight. Contributes technical ideas and conceives and defines solutions to technical problems Technical Complexity/Creativity. of moderate size or complexity. Recognized internally and externally by peers, both in governmental and industrial ac- Recognition tivities, for technical expertise. III ...... Conducts and/or directs technical activities and/or assists higher levels on challenging Scope of Project/Level of Impact. and innovative projects or technical program development with only broad guidance. Develops solutions to diverse, complex problems involving various functional areas and Technical Complexity/Creativity. disciplines. Conducts and/or directs large programs in technically complex areas. Recognized within the laboratory, service, DoD, industry, and academia for technical Recognition expertise and has established professional reputation in national technical community. IV ...... Independently defines, leads, and manages the most challenging and innovative com- Scope of Project/Level of Impact. plex technical activities/programs consistent with general guidance or independently directs overall R&D program. Conceives and develops creative solutions to the most complex problems requiring Technical Complexity/Creativity. highly specialized areas of technical expertise. Recognized within the laboratory, service, DoD, and other agencies for broad technical Recognition area expertise and has established professional reputation in the national and inter- national technical community.

FACTOR 2: COMMUNICATIONS/REPORTING

I ...... Provides data and written analysis for input to scientific papers, journal articles, and re- Written and Oral. ports and/or assists in preparing contractural documents and/or reviews technical re- ports; work is acknowledged in team publications. Effectively presents technical results of own studies, tasks, or contract results ...... Breadth of Responsibility. Material is presented either orally or in writing, within own organization or to limited ex- Level/Diversity of Audiences. ternal contacts. Conducts these activities under guidance of supervisor and/or team leader ...... Oversight Required. II ...... Writes or is major contributing author on scientific papers, journal articles, or reports Written and Oral. and/or prepares contract documents and reviews reports pertaining to area of tech- nical expertise. May assist in filing innovation disclosures, inventions, and patents. Effectively prepares and presents own and/or team technical results ...... Breadth of Responsibility. Communicates work to varied laboratory, scientific, industry, and other government au- Level/Diversity of Audiences. diences. May prepare and present presentations on critical program for use at higher levels with Oversight Required. some guidance. III ...... Lead author on major scientific papers, refereed journal articles, and reports and/or pre- Written and Oral. pares and reviews contract documents and reviews reports of others pertaining to overall program. May document or file inventions, patents, and innovation disclosures relevant to subject area. Prepares and presents technical and/or financial and programmatic briefings and docu- Breadth of Responsibility. mentation for team, organization, or technical area. Prepares and delivers presentations for major projects and technology areas to sci- Level/Diversity of Audiences. entific and/or government audiences. Reviews oral presentation of others. Communication and reporting functions conducted Oversight Required. with minimal higher level oversight. IV ...... Lead or sole author on scientific papers, refereed journal articles, or review articles Written and Oral. which are recognized as major advances or resolutions in the technical area and/or reviews and approves reporting of all technical products of mission area. May exploit innovations which normally lead to inventions, disclosures, and patents. Prepares and presents technical and/or financial and programmatic briefings and docu- Breadth of Responsibility. mentation for breadth of programs at or above own level. As subject matter expert, prepares and delivers invited or contributed presentations, pa- Level/Diversity of Audiences. pers at national or international conferences on technical area, or gives policy level briefings. Singularly responsible for overall quality and timeliness of technical/scientific/pro- Oversight Required. grammatic reports and presentations of group and self.

FACTOR 3: CORPORATE RESOURCE MANAGEMENT

I ...... May coordinate elements of in-house work units or assist in managing a scientific or In-House/Contract Managing. support contract. Uses personal and assigned resources efficiently under guidance of supervisor or team Size & Complexity. leader. As an understanding of organizational activities, policies, and objectives is gained, par- Make/Buy/Rely. ticipates in team planning. II ...... Manages all aspects of technically complex in-house work units or one or more contrac- In-House/Contract Managing. tual efforts in assigned program area. Effectively plans and controls all assigned resources. Makes and meets time and budg- Size & Complexity. et estimates on assigned projects or takes appropriate corrective action. Participates in organizational or strategic planning at team level, taking cognizance of Make/Buy/Rely. complementary projects elsewhere to ensure optimal use of resources. 24630 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

Level Descriptor Key elements

III ...... Defines program strategy and resource allocations for in-house and/or contractual pro- In-House/Contract Managing. grams. For assigned technical areas, conducts program planning, coordination, and/or docu- Size & Complexity. mentation (master plans, roadmaps, Joint Director of Lab/Reliance, etc.). Advocates to laboratory and/or higher headquarters on budgetary and programmatic issues for resources. Based on knowledge of analytical and evaluative methods and techniques, participates Make/Buy/Rely. in strategic planning at branch and/or division level. Considers and consults on tech- nical programs of other organizations working in the field to ensure optimal use of re- sources. IV ...... Defines technology area strategy and resource allocations for in-house and contractual In-House/Contract Managing. programs. For multiple technical areas, conducts overall program planning and coordination, and/ Size & Complexity. or program documentation (master plans, roadmaps, Joint Director of Labs/Project Reliance, etc.). Advocates to command, service, and agency levels on budgetary and programmatic issues for resources. Utilizing advanced analytical and evaluative methods and techniques, leads strategic Make/Buy/Rely. planning and prioritization processes. Develops strategy to leverage resources from other agencies and ensures equitable distribution and appropriate use of internal re- sources.

FACTOR 4: TECHNOLOGY TRANSITION/TECHNOLOGY TRANSFER

I ...... Participates as a team member in demonstrating technology and in interacting with in- Customer Interaction Level. ternal/external customers. With guidance, contributes to technical content of partnerships for technology transition Partnership/Level of Independence. and/or transfer (Advanced Technology Demonstrations, Memorandums of Under- standing, Joint Director of Labs/Project Reliance, Cooperative Research and Devel- opment Agreements, and other dual-use vehicles). Seeks out and uses relevant outside technologies in assigned projects ...... Leveraging Outside Technology. II ...... Develops demonstrations and interacts independently with internal/external customers Customer Interaction Level. As a team member, implements partnerships for transition and/or transfer of technology Partnership/Level of Independence. (Advanced Technology Demonstrations, Memorandums of Understanding, Joint Di- rector of Labs/Project Reliance, Cooperative Research and Development Agree- ments, and other dual-use vehicles). Evaluates and incorporates appropriate outside technology in individual or team activi- Leveraging Outside Technology. ties.. III ...... Develops customer base and expands opportunities for technology transition and trans- Customer Interaction Level. fer. Leads or serves as key technical member of teams implementing partnerships for tran- Partnership/Level of Independence. sition or transfer of technology (Advanced Technology Demonstrations, Memoran- dums of Understanding, Joint Director of Labs/Project Reliance, Cooperative Re- search and Development Agreements, and other dual-use vehicles). Ensures incorporation of outside technology within laboratory programs ...... Leveraging Outside Technology. IV ...... Organizes, leads, and markets overall technology transition and transfer activities for or- Customer Interaction Level. ganization at senior management levels. Leads in formulation and oversight of Advanced Technology Demonstrations, Memoran- Partnership/Level of Independence. dums of Understanding, Joint Director of Labs/Project Reliance, Cooperative Re- search and Development Agreements, and other dual-use vehicles. Creates an environment that encourages widespread exploitation of both national and Leveraging Outside Technology. international technologies.

FACTOR 5: R&D BUSINESS DEVELOPMENT

I ...... As a team member communicates with customers to understand customer require- Customer Interaction level. ments. By maintaining currency in area of expertise, contributes as a team member to new Knowledge and Level of Planning. program development. May technically participate in writing proposals to establish new business opportunities Knowledge of Market & Success in Getting Funds. II ...... Initiates meetings and interactions with customers to understand customer needs ...... Customer Interaction Level. Generates key ideas for program development based on understanding of technology Knowledge and Level of Planning. and customer needs. Demonstrates expertise to internal/external customers. Contributes technically to proposal preparation and marketing to establish new business Knowledge of Market & Success in Getting opportunities. Funds. III ...... Works to establish customer alliances and translates customer needs to programs in a Customer Interaction Level. particular technical area. Develops feasible research strategies and/or business strategies for new technical ac- Knowledge and Level of Planning. tivities. Seeks joint program coalitions with other agencies and funding opportunities from out- Knowledge of Market & Success in Getting side organizations. Pursues near-term business opportunities through proposals. Funds. IV ...... Works with the senior management level to stimulate development of customer alli- Customer Interaction Level. ances for several technical areas. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24631

Level Descriptor Key elements

Generates strategic research and/or business objectives for core technical areas. Rec- Knowledge and Level of Planning. ognizes war-fighting trends, relates business opportunities, and convinces laboratory management to develop and/or acquire expertise and commit funds. Secures business opportunities supporting long-term mission relevancy through tar- Knowledge of Market & Success in Getting geted proposals and processes.. Funds.

FACTOR 6: COOPERATION AND SUPERVISION

I ...... Contributes to all aspects of teams' responsibilities ...... Team Role. May technically guide or mentor less experienced personnel on limited aspects of sci- Breadth of Influence. entific or engineering efforts. Receives close guidance from supervisor and/or higher level scientist or engineer. Per- Supervision & Guidance Received. forms duties in a professional, responsive, and cooperative manner in accordance with established policies and procedures. II ...... Contributes as a technical task or team leader; is sought out for expertise by peers; and Team Role. participates in mentoring of team members. May guide on a daily basis, technical, programmatic, and administrative efforts of indi- Breadth of Influence. viduals or team members. May recommend selection or may select staff and/or team members. Assists in the de- Supervision & Subordinate Development. velopment and training of individuals or team members. May participate in position and performance management. Receives general guidance in terms of policies, program objectives, and/or funding is- Supervision & Guidance Received. sues from supervisor and/or higher level scientist or engineer. Discusses novel con- cepts and significant departures from previous practices with supervisor or team lead- er. III ...... Is sought out for consultation and mentors team members ...... Team Role. Guides the research, technical and/or programmatic, and administrative efforts of indi- Breadth of Influence. viduals or teams with accountability for focus and quality. Recommends selection or selects staff and/or team members. Supports development Supervision & Subordinate Development. and training of subordinates and/or team members. Participates in position and per- formance management. Receives only broad policy and administrative guidance from supervisor, such as initi- Supervision & Guidance Received. ation and curtailment of programs. IV ...... Establishes team charters and develops future team leaders and supervisors ...... Team Role. Leads and manages all aspects of subordinates' or team members' efforts with com- Breadth of Influence. plete accountability for mission and programmatic success. Recommdends selection or selects staff, team leaders, and team members; fosters de- Supervision & Subordinate Development. velopment and training of supervisory and non-supervisory individuals. Directs or rec- ommends position and performance management. Works within the framework of agency policies, mission objectives, and time and fund- Supervision & Guidance Received. ing limitations.

The assessment process (section III D Employees within organizations are expressed mathematically as a line. All 3) begins with employee input which placed into pay pools (section III D 4). S&Es entering the system will initially provides an opportunity to state the Salary adjustments, i.e., decisions to have their salary lie close to this accomplishments and level of give or withhold salary increases, ‘‘standard pay line’’ (SPL). Because contribution perceived. To determine (section III D 5) are based on the employees enter the demonstration from the employee’s yearly contribution, the relationship between contribution a grade and step system, an initial six factors will then be assessed by the scores and present salaries. The correlation generally exists between immediate supervisor. For each factor, maximum available pay rate under this their former GS/GM grade and step and the supervisor places the employee’s demonstration will be the rate for GS– the CCS scores appropriate for that contribution at a particular level. If the 15/Step-10. Decisions for broadband broadband level. For example, level II contribution level for a factor is at the movement (section III D 6) are also consists of GS–12s and GS/GM–13s; lowest level of level I, a score of 1.0 is based on this relationship. GS–12/Step- 1 closely aligns to a CCS assigned. Higher levels of contribution Cost neutrality is assured within each score of 2.0, GS–12/Step-2 correlates are assigned scores increasing in 0.1 pay pool by limiting the total of salary with a CCS score of 2.05,..., GS/GM–13/ increments up to 4.9. A factor score of increases to the funds available to the Step-1 relates to a CCS score of 2.5,..., 0.0 can be assigned if the employee’s pay pool, based on what would have and GS/GM–13/Step-10 to a CCS score contribution does not demonstrate a been available in the General Schedule of 2.95. This is shown in Figure 1 for the minimum level I contribution. Under system from general pay increases, step four-level broadband system where the CCS, immediate supervisors will work increases, and promotions. No changes salary of each GS grade/step is plotted with other supervisors in a group setting will be made to locality pay under the on the Y-axis. Although the data are not to render final scores. Weights may be demonstration project. continuous, there is a linear trend. Each applied to the six factors for different of these data points was weighted by the 2. The ‘‘Standard Pay Line’’ (SPL) job categories of S&Es (section III D 7). actual calendar year 1995 (CY95) CCS will also incorporate a midyear The relationship between each CCS population data for the demonstration feedback session. score and the appropriate salary rate is laboratories. Using a least squares error 24632 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices analysis, the best straight line fit to this weighted data was determined and is FIGURE 1ÐCCS RELATIONSHIP shown in Figure 1. BILLING CODE 6325±01±P

BILLING CODE 6325±01±C project. Locality salary adjustments are 3. The CCS Assessment Process Equation of the Standard Pay Line not included in the SPL. The annual assessment cycle begins (without locality) for CY95 Rails were constructed at + and - 0.3 COMPENSATION = on 1 October and ends on 30 September CCS around the SPL. These rails create $13,572+$15,415×CCS SCORE of the following year. At the beginning an area in which nearly 100% of The SPL defined in Figure 1 is tied to of the annual assessment period, the employees initially entering the the basic GS pay scale for CY95. The broadband level descriptors and weights demonstration will be included. A few SPL for CY96 was calculated from the (section III D 7) will be provided to SPL for CY95 and the general increase may fall below the lower rail, but no employees so that they know the basis (G) given to GS employees in January employee will enter the demonstration on which their contribution will be 1996. The equation for the CY96 SPL is: above the upper rail. The area assessed. A midyear review, in the COMPENSATION = $13,843 + $15,723 encompassed by the rails denotes the March to April time frame, will discuss × CCS SCORE. The CY97 SPL will be acceptable contribution and the employee’s contributions to-date the CY96 SPL increased by the ‘‘G’’ for compensation relationship. Future CCS and the employee’s professional CY97. Continuing this calculation of assessments will likely alter an development. At the end of the SPL will maintain the same employee’s position relative to these assessment period, employees will relationships between the basic GS pay- rails. summarize their contributions in each scale and the SPL in the demonstration factor for their immediate supervisor. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24633

The supervisor will determine initial adjustments are subject to a few payout or directorate chief) holds yearly pay CCS scores using the employee input rules discussed in section III D 5. Final adjustment authority. Pay pool and the supervisor’s assessment of the pay determinations will be made at a managers’ pay determinations, however, overall contribution to the laboratory management level above the group of may still be subject to higher mission. For each factor, the supervisor supervisors who rendered final CCS management review. places the employee’s contribution at a assessments. CCS scores, however, The amount of money available for particular level (I, II, III, or IV). If the cannot be changed by managerial levels salary increases within a pay pool is contribution for a factor is at the lowest above the original group of supervisors. determined by the general increase (G) end of a level, a score of 1.0, 2.0, 3.0, Decisions for any broadband level and money that would have been or 4.0 is assigned. Greater contributions changes (section III D 6) will be available for step increases and in each level are assigned scores submitted to at least one level of promotions (I). The latter will be set at increasing in 0.1 increments up to 1.9, management higher than the group of 2.4% upon implementing the 2.9, 3.9, or 4.9. A factor score of 0.0 can supervisors (for instance, directorate demonstration and is considered be assigned if the employee does not chief) for approval. Pay adjustments and adjustable to ensure cost neutrality over demonstrate a minimum level I broadband level changes will then be the life of the demonstration. The contribution. Factor scores are then documented by SF–50, Notification of amount of ‘‘I’’ to be included in the pay averaged to give a total CCS score. Personnel Action. pool will be computed based on the salaries of employees in the pay pool as The immediate supervisors (for 4. Pay Pools instance, branch chiefs) and the next of 30 September each year. level supervisors (for instance, division Pay pool structure is under the 5. Salary Adjustment Guidelines chiefs) for a pay pool then meet as a authority of the laboratory directors/ group to review and discuss all commanders. The following minimal After the initial assignment into the proposed employee assessments and guidelines, however, will apply: (a) a CCS system, employees’ yearly adjust individual CCS scores, if pay pool is based on the organizational contributions will be determined by the necessary. Giving authority to the group structure and should include a range of CCS process described above, and their of managers to make minor score S&E salaries and contribution levels; (b) CCS scores versus their current salaries adjustments ensures contributions will a pay pool must be large enough to will be plotted on a graph along with have been assessed and measured constitute a reasonable statistical the SPL (see Figure 2). The position of similarly for all employees. Once the sample, i.e., 35 or more; (c) a pay pool those points relative to the SPL gives a δ scores have been finalized, the results must be large enough to encompass a relative measure ( Y/Y) of the degree of and any training and/or career second level of supervision since the over- or under-compensation for the development needs will be discussed CCS process uses a group of supervisors employees. This permits all employees with the individual employees. Pay in the pay pool to determine within a pay pool to be rank-ordered by δ adjustments will be made on the basis assessments and recommend salary Y/Y, from the most under-compensated of this CCS assessment and the adjustments; and (d) the pay pool employee to most over-compensated. employee’s current salary. Pay manager (for instance, a division chief BILLING CODE 6325±01±P 24634 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

BILLING CODE 6525±01±C promotions which will no longer take accomplished through unrestricted In general, those employees who fall place (I). Should an employee’s CCS movement through the broadband levels below the SPL (indicating under- assessment fall on either rail, it will be based on contribution and salary. compensation, for example, employee X considered to be within the rails. Movement through the broadband levels in Figure 2) should expect to receive Initially, the value of ‘‘I’’ will be will be determined by contribution and greater salary increases than those who 2.4%; the percentage, however, may be salary following the CCS payout fall above the line (indicating over- changed to ensure cost neutrality. Each calculation. Resulting changes in compensation, for example, employee pay pool manager will set the necessary broadband levels are not accompanied Z). Over time, people will migrate closer guidelines for the gradation of pay by tradition promotion dollars, but to the standard pay line and receive a adjustments in the pay pool within rather, they will be documented as a salary appropriate to their level of these general rules. Decisions made will change in title, change in broadband contribution. The following are more be standard and consistent within the level, and reaccomplishment of a specific guidelines: (a) Those who fall pay pool, be fair and equitable to all Statement of Duties and Experiences above the upper rail (for example, stakeholders, maintain cost neutrality, (SDE) (section III C 6). The terms employee Z) will be given an increase and be subject to review. The maximum Promotion and Demotion will not be ranging from zero to a maximum of ‘‘G’’; available pay rate under this used in connection with the CCS (b) Those who fall within the rails (for demonstration will be the rate for GS– process. Rather, these terms will be example, employee Y) will be given a 15/Step-10. reserved for competitive placement and minimum of ‘‘G’’; and (c) Those who fall adverse actions. below the lower rail (for example, 6. Movement Between Broadband Broadband levels are derived from an employee X) will be given at least their Levels initial grouping of one or more GS base pay times ‘‘G’’ plus the percentage It is the intent of the demonstration grades. Salary overlap between adjacent of funds set aside for step increases and project to have S&E career growth be levels is desirable for broadband level Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24635 movement. It is more convenient, corresponding to a CCS score of 3.2. CL (consideration for change to lower however, to redefine these overlaps (that Likewise, the minimum salary for level level), CH (consideration for change to is, the top and bottom salary ranges of III would be the salary from the SPL higher level), and E (eligible for change the broadband levels which produce the corresponding to a CCS score of 2.8. to higher or lower level). All the E zones overlaps) in terms of the SPL. This definition provides a salary overlap have the same width, 0.4 CCS, and Specifically, the salary overlap between between broadband levels that is height. The E zone is described as the two levels is defined by the salaries at consistent and similar to salary overlaps box formed by the intersection of the ¥ to + 0.2 CCS around the whole in the GS schedule. integer + and - 0.2 CCS lines and the number score defining the boundary Figure 3 shows the salary overlap SPL. between the contribution levels. For areas between broadband contribution example, the maximum salary for level levels. These salary overlap areas are BILLING CODE 6325±01±P II would be that salary from the SPL divided into three zones designated as

BILLING CODE 6325±01±C the employee’s level. Under normal regression through the broadband levels The E zones serve to stabilize the circumstances, pay adjustments under works the same way in the opposite movement between adjacent broadband CCS will follow contribution scores. direction. Those who consistently levels. This allows for annual Those who consistently achieve receive decreasing contribution fluctuations in contribution scores for increased contribution assessments will assessments will regress through their people near the top or bottom of a level, progress through their broadband level broadband level and would not have without creating the need for repeated and will find their salary climbing into been receiving any salary adjustments changes of their titles. An employee the corresponding CH zone. Once the greater than ‘‘G.’’ They will find that the whose contribution score falls within an employee’s CCS score is demonstrated CL zone at the bottom of their current E zone is eligible for a change in to be consistently within the CH zone, broadband level will catch up with their broadband level (with the associated the employee should be moved to the current salary. Once the employee’s CCS title change), but one should not be higher broadband level unless the score is demonstrated to be consistently given unless the supervisor has a supervisor has a compelling reason not within the CL zone, the employee compelling reason to advance or reduce to request the change. Conversely, should be moved to the lower 24636 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices broadband level unless the supervisor 7. Weights be assigned any value, in increments of has a compelling reason not to request Employees under the demonstration 0.1, from 0.1 to 1.0; (b) At least three the change. Compelling reasons for will be assigned to one of five job factors must have a weight of 1.0; and retaining broadband levels in the categories: (c) No more than one factor can have a presence of a consistent assessment in (a) Supervisor, primary function is to weight of less than 0.5. For all six the CH or CL range must be documented supervise other employees; factors, therefore, the weights must sum in writing and provided to the (b) Plans & Programs S&E, primary from 4.1 to 6.0. employee. If an employee moves totally function is to formulate plans and 8. Voluntary Pay Reduction and Pay above the CH zone or below the CL policies to further the organizational Raise Declination zone, the employee will be changed in mission; broadband level without supervisory A provision exists today for an (c) Program Manager, primary employee to request a change to lower action. function is to run/direct research and At the present time, high-grade grade. If that request is totally the development (R&D) programs; controls within the agency restrict employee’s choice, then the employee’s (d) Support S&E, primary function is movement between broadband level II salary is lowered accordingly. Although to support the research efforts of the and broadband level III. A separate tri- the rationale behind such a voluntary laboratory; and service initiative to replace these request varies, under CCS a voluntary (e) Bench-Level S&E, primary controls with other management request for a pay reduction or a function is to perform R&D within the measures is currently under review by voluntary declination of a pay raise mission focus of the laboratory. the Department of Defense. Until the would effectively put an over- Laboratory directors/commanders will high-grade controls are lifted, compensated employee’s pay closer to have the authority to determine if demonstration project employees will or below the standard pay line. Since an not be able to advance from broadband varying weights should be applied to objective of CCS is to properly level II to broadband level III unless a the six CCS factors based on these job compensate employees for their high-grade authorization is available. To categories. As an example, Technical contribution, the granting of such accommodate this, level II employees Problem Solving may be more heavily requests is consistent with this goal. whose salary adjustment would place weighted for Bench-Level S&Es than the Under normal circumstances, all them above the CH zone for level II in factor of Technology Transition/ employees should be encouraged to organizations where high-grade Technology Transfer. advance their careers through increasing authorizations are unavailable will The authority to use weights and the contribution rather than trying to be receive permanent adjustments to basic authority to set weights may be under-compensated at a fixed level of salary up to an amount equivalent to the delegated below the laboratory director/ contribution. top of broadband level II. Any commander. But, weights must be the To handle these special additional amount granted under CCS same for all employees in a particular circumstances, employees must submit will be paid as a one-time bonus job category in a pay pool. This ensures a request for voluntary pay reduction or payment from pay pool funds. This that a fair comparison of employees is pay raise declination during the 30-day pattern of payout will continue until made, without having the weights period immediately following the high-grade authorizations become tailored to specific individuals. The annual payout, and show reasons for the available. overall CCS score is determined by request. All actions will be Movement under CCS happens once a multiplying the score for each factor by appropriately documented. year. Under the demonstration project, the weight, adding the results, and then managers are provided greater flexibility dividing by the sum of the weights. 9. Implementation Schedule in assigning duties by moving This demonstration project, in part, is The 1996 employee annual appraisal employees between positions within predicated on the belief that the will be done according to Air Force their broadband level. If, throughout the continued success and viability of the performance plan rules in effect at the year, there are vacancies at higher levels laboratories depends on all employees time of the 1996 close-out. The 1997 (typically supervisory positions), seeking to contribute in each of the appraisal cycle will also begin but is not employees may be considered for areas defined by the six factors. Making anticipated to be completed due to the promotion to those positions according all employees accountable for all factors implementation schedule of this to the demonstration project shifts organizational values in new demonstration project. The first competitive promotion procedures directions. For this reason, no factor can assessment cycle under CCS will approved by the Air Force. be given a weight of zero. Laboratory commence the day the demonstration is Demonstration employees selected for directors/commanders should annually implemented and run through 30 positions at a higher broadband level review the weightings for the various September 1997. The first CCS payout will receive the minimum of the new job categories to see if they can be will be given in the traditional first full broadband level or their existing salary, increased toward a weighting of 1.0 to pay period in calendar year 1998. whichever is greater. Under the encourage and allow employees to raise approved competitive promotion their CCS contribution assessment by 10. CCS Grievance Procedures procedures, the selecting official may contributing in a broader range of An employee may grieve the consider candidates from any source activities. Contribution in all six factors assessment received under CCS. based on viable and supportable job is important to ensure both the overall Nonbargaining unit employees, and related merit-based methodology. success of DoD laboratories and bargaining unit employees covered by a Similarly, if there is sufficient cause, an individual S&E career growth. Hence, negotiated grievance procedure which employee may be demoted to a lower the weights should be reviewed does not permit grievances over level position according to the frequently, and an effort made to move performance ratings, must file contribution-based reduction in pay or away from them in later years of the assessment grievances under removal procedures discussed in section demonstration. administrative grievance procedures. III E or the existing procedures related Other guidelines for setting weights Bargaining unit employees, whose to disciplinary actions. for the six factors are: (a) Weights may negotiated grievance procedures cover Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24637 performance rating grievances, must file 30 day advance notice of the proposed paid employees to accept retirement assessment grievances under those action that identifies specific instances incentives with the opportunity to negotiated procedures. of inadequate contribution by the retain a presence in the scientific employee on which the action is based. community. The program will be of E. Contribution-based Reduction in Pay The laboratory may extend this advance most benefit during manpower or Removal Actions notice for a period not to exceed an reductions as senior S&Es could accept This section applies to reduction in additional 30 days. The laboratory will retirement and return to provide pay or removal of demonstration project afford the employee a reasonable time to valuable on-the-job training or employees based solely on inadequate answer the laboratory’s notice of mentoring to less experienced contribution. Adverse actions proposed action orally and/or in employees. procedures under 5 CFR 752 remain writing. To be accepted into the emeritus unchanged. A decision to reduce in pay or remove corps, a volunteer must be When an employee’s contribution an employee for inadequate recommended by laboratory managers to plots in the area above the upper rail of contribution may be based only on those the laboratory director/commander. the SPL (section III D 3) the employee instances of inadequate contribution Everyone who applies is not entitled to is considered to be in the Automatic that occurred during the 2 year period a volunatry assignment. The laboratory Attention Zone (AAZ). In this case, the ending on the date of issuance of the director/commander must clearly supervisor has two options. The first is advance notice of proposed action. The document the decision process for each to take no action but to document this laboratory will issue written notice of its applicant (whether accepted or rejected) decision in a memorandum for record. decision to the employee at or before the and retain the documentation A copy of this memorandum will be time the action will be effective. Such throughout the assignment. provided to the employee and to higher notice will specify the instances of Documentation of rejections will be levels of management. The second inadequate contribution by the maintained for 2 years. option is to inform the employee, in employee on which the action is based To encourage participation, the writing, that unless the contribution and will inform the employee of any volunteer’s federal retirement pay increases to, and is sustained at, a applicable appeal or grievance rights. (whether military or civilian) will not be higher level, the employee may be The laboratory will preserve all affected while serving in a voluntary reduced in pay or removed. relevant documentation concerning a capacity. These provisions also apply to an reduction in pay or removal which is Volunteers will not be permitted to employee whose contribution based on inadequate contribution and monitor contracts on behalf of the deteriorates during the year. In such make it available for review by the government or to participate on any instances, the group of supervisors who affected employee or designated contracts where a conflict of interest meet during the CCS assessment process representative. At a minimum, the exists. may reconvene any time during the year laboratory’s records will consist of a to review the circumstances warranting copy of the notice of proposed action; An agreement will be established the recommendation to take further the written answer of the employee or between the volunteer, the laboratory action on the employee. a summary thereof when the employee director/commander, and the Civilian The supervisor will afford the makes an oral reply; and the written Personnel Flight. The agreement must employee a reasonable opportunity (a notice of decision and the reasons be finalized in advance and shall minimum of 60 days) to demonstrate therefore, along with any supporting include as a minimum: increased contribution commensurate material including documentation (a) a statement that the voluntary with the duties and responsibilities of regarding the opportunity afforded the assignment does not constitute an the employee’s position. As part of the employee to demonstrate increased appointment in the civil service and is employee’s opportunity to demonstrate contribution. without compensation, increased contribution, the laboratory When the action is not taken because (b) the volunteer waives any and all will offer assistance to the employee. of contribution improvement by the claims against the Government because Once an employee has been afforded employee during the notice period, the of the voluntary assignment except for a reasonable opportunity to demonstrate employee is not reduced in pay or purposes of on-the-job injury increased contribution, the laboratory removed, and the employee’s compensation as provided in 5 U.S.C. may propose a reduction in pay or contribution continues to be deemed 8101(1)(B), removal action. If the employee’s adequate for 2 years from the date of the (c) volunteer’s work schedule, contribution increases to a higher level advanced written notice, any entry or (d) length of agreement (defined by and is again determined to deteriorate in other notation of the proposed action length of project or time defined by any area within 2 years from the will be removed from all laboratory weeks, months, or years), beginning of the opportunity period, the records relating to the employee. (e) support provided by the laboratory laboratory may initiate reduction in pay (travel, administrative, office space, or removal with no additional F. Voluntary Emeritus Corps supplies), opportunity to improve. If an employee Under the demonstration project, (f) a one page SDE, has contributed appropriately for 2 laboratory directors/commanders will (g) a provision that states no years from the beginning of an have the authority to offer retired or additional time will be added to a opportunity period and the employee’s separated employees voluntary volunteer’s retirement credit as a result overall contribution once again assignments in the laboratories. This of being a member of the voluntary declines, the laboratory will afford the authority will include employees who emeritus corps, employee an additional opportunity to have retired or separated from Federal (h) a provision allowing either party demonstrate increased contribution service, including those who have to void the agreement with 10 working before determining whether or not to accepted a buy-out. The voluntary days written notice, and propose a reduction in pay or removal. emeritus corps will ensure continued (i) the level of security access required An employee whose reduction in pay quality research while reducing the (any security clearance required by the or removal is proposed is entitled to a overall salary line by allowing higher assignment will be managed by the 24638 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices laboratory while the volunteer is a two rails (a ∆X equal to or greater than record shall be ranked based on any member of the emeritus corps). ¥0.30 and less than or equal to +0.30), actual assessment(s) received and the G. Revised Reduction-In-Force (RIF) and (3) below the lower rail (a ∆X required number of assumed Procedures greater than +0.30). assessment(s) of 0.0 ∆X (the Reduction-in-force is not the vehicle (b) All employees within each of these contribution factor for their current for addressing contribution/disciplinary three categories will tie for the purposes salary as defined by the SPL). problems properly addressed under of RIF. Ties will be broken by using an An employee who has received a section III E or 5 U.S.C. 75, Adverse employee’s veterans preference for RIF written decision under the contribution- Actions. When there is a requirement to (i.e., 30 percent disabled veterans will based actions provision of the reduce the size of the laboratory be listed first, followed by other demonstration described in section III E workforce due to a lack of funds, lack veterans, and all non-veterans will be competes under RIF from the position to of work, or other reason specified in 5 listed last). which the employee will be or has been CFR 351.201, demonstration project (c) Ties within this latter category will demoted. employees will be identified for be broken based on Service Assignment rights for employees reduction using the following Computation Date (SCD). No additional identified for release from a competitive procedures. credit will be added to the SCD based level will be determined in the A separate competitive area will be on the CCS annual assessments. following order: (a) Vacant positions— established by geographic location for Until the first CCS assessment is given assignment may be made to any all laboratory personnel included in the under the demonstration project, available vacant position in the demonstration project. The revised RIF traditional RIF rules will be followed. competitive area; then (b) Trumping— procedures apply to all regular career Should a RIF occur between the first an employee with a higher retention S&Es (including those who have not and second CCS assessment dates, standing displaces another employee in completed their probationary period). employees will have their SCD adjusted another competitive level in the same Each laboratory shall establish based on the employee’s two most broadband level. Trumping replaces the competitive levels consisting of all recent annual performance ratings of bumping and retreat action under the positions in a competitive area which record received during the 3-year period traditional RIF system. are in the same broadband level and prior to implementation of the Each competing employee is entitled occupational family and which are demonstration project. Effective with to a specific written notice at least 60 similar enough that the incumbent of the second CCS assessment date, no full calendar days before the effective one position could succeed in the new credit will be given for ratings received date of release when a significant position without any loss of outside the demonstration project. number of employees will be separated. productivity beyond that normally One objective of the demonstration An employee is entitled to a second expected in the orientation of any new, project is to ensure lower ranked written notice, as appropriate, at least but fully qualified, employee. The contributors are the first to be RIFed 60 full calendar days if the agency laboratory directors/commanders, or while continuing to preserve Veterans decides to take an action more severe their designee, will observe and Preference. After 3 years of evaluating than first specified. participate with the appropriate Civilian CCS and the revised RIF process, a IV. Training Personnel representative in all decision will be made whether or not to placement actions. continue the RIF process described An extensive training program is Competing employees shall be ranked above or to consider alternatives. planned for support personnel and on a retention register on the basis of Employees serving under a contingent every employee in the demonstration their annual CCS assessment (∆X), appointment will not have a right to project including managers, supervisors, veterans preference, and length of compete for retention in RIF. and S&Es. Training will be tailored to fit service. The ∆X is determined by Accordingly, these employees will be the requirements of every employee plotting an individual’s annual CCS listed at the bottom of the appropriate included and will fully address score and present salary as a point on retention register and must be separated employee concerns to ensure everyone a graph and computing the difference before any regular career employees can has a comprehensive understanding of between the position of that point and be released from the competitive level. the program and to emphasize the the contribution point on the SPL for To provide adequate time to benefits to employees. In addition, the employee’s salary rate. This is determine employee retention standing, leadership training will be provided to computed by actual CCS score minus the laboratory will establish a cutoff all managers and supervisors as the new expected SPL point for that salary rate date—a minimum of 30 calendar days system places more responsibility and and may result in positive, zero, or prior to the issuance of RIF notices— decision making authority on their negative ∆X. This ∆X replaces the after which no new CCS assessments shoulders. annual performance rating in the RIF will be put on record and used for Using an existing task order contract definition and is the primary factor in purposes of RIF. When a cutoff date is through Armstrong Laboratory, the determining an employee’s retention used, employees will receive their ∆X training packages will be developed to standing. for the three most recent CCS encompass all aspects of the project and The retention order will be as follows: assessments received during the 4 year validated prior to training the (a) All regular career employees, period prior to the cutoff date. workforce. Specifically, training is being including those employees who have To be creditable for purposes of RIF, developed for the following groups of not completed a probationary period, an assessment must have been issued to employees: will be listed on the retention register the employee, with all appropriate (a) lab S&Es included in the based on an individual’s ∆X consisting reviews and signatures, and must be on demonstration, of an average of the three most recent record (e.g., the assessment is available (b) civilian and military supervisors CCS assessments of record. The for use by the office responsible for and managers, and employees will then be divided into establishing retention registers). (c) administrative support personnel, three categories: (1) above the upper rail An employee who has received fewer civilian personnel offices, civilian pay (a ∆X less than ¥0.30), (2) within the than three annual CCS assessments of offices, and HQ AFMC and center Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24639 personnel who must understand of the higher grade. For employees who outcomes, and interpretation of results. laboratory operations under the are entitled to a special rate upon return Their external evaluation will be demonstration. to the General Schedule, the supplemented by an internal evaluation Training requirements will vary from demonstration project locality rate must to be accomplished by the staff of the an overview of the new system; to a equal or exceed the minimum special USAF laboratories. Selected parts of the more detailed package for laboratory rate of the higher grade. To set GS pay evaluation will be completed using S&Es; to very specific instructions for upon conversion, an employee’s contractor support; the contractor(s) will both civilian and military supervisors, demonstration project locality rate be well qualified and experienced with managers, and others who provide would be converted (prior to leaving the demonstrated expertise in performing personnel and payroll support. project) to the highest General Schedule relevant support functions. Base level training personnel will rate range (i.e., locality rate range or Essential elements of the evaluation provide local training management, special rate range) applicable to the plan are set forth below. The facilities, and support to laboratory employee. If the employee’s rate falls demonstration project is a complex directors/commanders. Contract training between the fixed rates for the experiment to be conducted in a personnel will be utilized where organic applicable range, it will be raised to the dynamic environment over several capabilities are not available or not next higher rate. The employee’s GS years. Modifications and refinements to economically feasible. The training will basic rate (excluding special rates or the evaluation plan will be made as begin, and be completed, within the 90 locality payments) would then be required by mid-course project changes. days prior to implementation. derived based on the grade and step All additions, deletions, and associated with this converted rate. refinements to the current plan will be V. Conversion Employees who leave the demonstration fully documented and explained as part A. Conversion to the Demonstration project and return to the General of the evaluation reporting process. Project Schedule pay system via reassignment, The main purpose of the evaluation is promotion, demotion, or transfer are to determine the effectiveness of the Initial entry into the demonstration subject to parallel pay conversion rules personnel system changes described by project for covered employees will be to determine the converted GS rates the individual interventions. Every accomplished through a full employee under the demonstration project to be effort will be made to establish direct protection approach that ensures each used in applying GS pay administration cause-and-effect relationships between employee an initial place in the rules (e.g., promotion rule or maximum the interventions and effectiveness appropriate broadband level without payable rate rule) in setting pay at the criteria. An ancillary objective is to loss of pay. An automatic conversion gaining agency. assess the effects of the interventions on from current GS/GM grade and step into improved organizational performance. the new broadband system will be VI. Project Duration An indirect causal link is hypothesized accomplished. Special Salary Rates will Public Law 103–337 removed any between the personnel system changes no longer be applicable to mandatory expiration date for this and improved organizational demonstration project employees. All demonstration. The project evaluation effectiveness, e.g., improved laboratory employees will be eligible for the future plan adequately addresses how each performance, mission accomplishment, locality pay increases of their intervention will be comprehensively and customer satisfaction. The current geographical area. Employees on Special evaluated for at least the first 5 years of personnel management system with its Salary Rates at the time of conversion the demonstration. Major changes and many rigid rules and regulations often is will receive a new basic pay rate modifications to the interventions can perceived as a barrier to mission computed by dividing their highest be made through announcement in the accomplishment. Together, the adjusted basic pay (i.e., special pay rate Federal Register and would be made if demonstration project initiatives are or, if higher, the locality rate) by the formative evaluation data warranted. At intended to remove some of those locality pay factor for their area. A full the 5 year point, the entire barriers, and, therefore, are expected to locality adjustment will then be added demonstration will be reexamined for contribute to improved laboratory to the new basic pay rate. Adverse either: (a) permanent implementation, performance. action and pay retention provisions will (b) change and another 3–5 year test The evaluation effort will be not apply to the conversion process as period, or (c) expiration. accomplished in four distinct phases: there will be no change in total salary. VII. Evaluation Plan (a) Design phase—includes Employees who enter the demonstration development of the evaluation model, project later by lateral reassignment or Authorizing legislation mandates selection of experimental and transfer will be subject to parallel pay evaluation of the demonstration project comparison sites, and collection of conversion rules. to assess the merits of project outcomes baseline data prior to implementation; and to evaluate the feasibility of (b) Implementation phase—includes B. Conversion Back to the Former applications to other federal actual project implementation and System organizations. A comprehensive and monitoring of the degree and support of In the event the project ends, a methodologically rigorous evaluation of implementation to assure that each of conversion back to the former (regular) the personnel system changes will be the project interventions has been Federal civil service system will be carried out. The overall evaluation operationalized as originally conceived; required. All employees in a broadband consists of two components—external (c) Formative evaluation phase— level corresponding to a single General and internal evaluation. Both includes data collection and analysis for Schedule (GS) grade will be converted components will be overseen by the 5 years for purposes of evaluating the to that grade. Employees in a multiple Office of Personnel Management (OPM) effects of the interventions. Periodic grade broadband level will be to benefit from their extensive reports and annual summaries will be considered to have attained the next experience evaluating demonstration prepared to document the findings; and higher grade when they have been in the projects. Further, OPM will serve in the (d) Summative evaluation phase— level at least 1 year and their salary role of external evaluator to ensure the focuses on summary evaluation and equals or exceeds the minimum salary integrity of the evaluation process, overall assessment of the project’s 24640 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices impact, including presentation of to those for prior demonstration projects events will be identified and considered conclusions and final recommendations now operating under non-traditional in the evaluation as potential upon completion of the project. personnel systems, including the intervening variables. A quasi-experimental design with pre- National Institutes for Standards and The effectiveness of each intervention and post-implementation comparisons Technology (NIST) and Naval and the project as a whole in meeting will be employed. Baseline measures laboratories (Naval Warfare Center and stated objectives will be addressed using will be taken prior to project Naval Ocean Systems Center). A a multi-method approach. Some implementation. Then, repeated retrospective analysis will be conducted measurements will be taken post- to compare historic data from prior methods will be unobtrusive in that implementation, throughout the projects with that obtained from the they do not require reactions or inputs formative evaluation phase, to allow USAF laboratories on common from employees or managers. These longitudinal comparisons. measures collected at equivalent points methods include analysis of archival Scientific and engineering personnel during the implementation and workforce data and personnel office at all USAF laboratory sites constitute formative evaluation phases. data, review of logs maintained by site the experimental group, leaving no As shown in Figure 4, a general historians documenting contextual laboratory site that can be used to form evaluation model has been developed events, and organizational records of a permanent, equivalent ‘‘no treatment’’ which postulates: (a) specific scientific and engineering products and control group. A control group is intermediate effects of each individual research study progress reports. Other defined as consisting of employees intervention, and (b) ultimate effects of methods such as structured interviews, managed under the traditional Civil the combined interventions on focus groups, and attitude surveys will Service system. be used to collect the perceptions of Provisions are being made to address organizational performance. Intermediate, intended outcomes are laboratory managers and supervisors, as the lack of a control group by collecting well as customers. data from other non-equivalent sites for those changes, as a result of the comparison purposes. Options being experimental interventions, which The specific measures to be collected explored are: contribute to achieving the ultimate using the different methods will be (a) Use Army and Navy laboratories as goals. Further, efforts will be made to deduced from the goals and objectives temporary control groups. These assess unintended effects, that is, stated for each intervention. Both laboratories are eligible to conduct unanticipated impacts that may be quantitative and qualitative measures personnel demonstration projects under positive or negative in nature. Any will be obtained. Most of the potential the authorizing legislation, and most, if changes can have unintended outcomes, measures can be grouped around three not all, are planning their own projects. and those proposed for the major effectiveness criteria: speed, cost, Until their projects are approved, the demonstration project are no exception. and quality. Collectively, the employees could serve as short-term The evaluation methods and measures intermediate outcomes of the controls. will be comprehensive in design in interventions are hypothesized to lead order to capture unintended results. (b) Construct a composite comparison to human resource management Moreover, as the results of the group from laboratories in civilian improvements, as reflected by intervention evaluation are being federal agencies, with occupational and timeliness, cost-effectiveness, and other workforce demographics interpreted and conclusions are being quality. The same three criteria apply to comparable to those of the USAF drawn, consideration will be given to ultimate outcomes indicating laboratories. the context in which the demonstration An additional feature of the design project is occurring. Much of the context organizational performance. calls for comparisons of trends relative cannot be controlled, but contextual BILLING CODE 6325±01±P Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices 24641

BILLING CODE 6325±01±C Adjustments to the employees base maintain cost neutrality under CCS. If VIII. Demonstration Project Costs salary for WGI equity will be computed through the project evaluation process it effective the date of implementation to is determined that cost neutrality is not A. Step Buy-Ins coincide with the beginning of the first being maintained, the ‘‘I’’ rate will be Under the current pay structure, formal CCS assessment cycle. WGI adjusted to a rate which will provide for employees progress through their equity will be acknowledged by cost neutrality within 3 years. increasing base salaries by a prorated assigned grade in step increments. Since C. Personnel Policy Boards this system is being replaced under the share based upon the number of days an demonstration project, employees will employee has completed towards the It is being recommended that each be awarded that portion of the next next higher step. Employees at step 10 laboratory establish a Personnel Policy higher step they have completed up on the date of implementation will not Board that would consist of the senior until the effective date of be eligible for WGI equity adjustments civilian in each directorate within the implementation. As under the current since they are already at the top of the laboratory and be chaired by the system, supervisors will be able to step scale. laboratory executive director. The board withhold these partial step increases if B. Cost Neutrality would be tasked with the following: (a) Overseeing the civilian pay budget, the employee’s performance falls below The demonstration project is required fully successful. (b) Addressing issues associated with to be cost neutral. A baseline will be two separate pay systems (CCS and GS) The 1996 annual appraisal will be established at the start of the project and closed on the normal close-out date of during the first phase of the salary expenditures will be tracked demonstration project, June 30, 1996. The first formal CCS yearly. Implementation costs, including (c) Determining the composition of assessment cycle will begin on the the step buy-in costs detailed above, the CCS pay pools in accordance with effective date of implementation of the will not be included in the cost the established guidelines, demonstration and will end on neutrality evaluations. September 30, 1997. The general Special Salary Rates will no longer be (d) Reviewing operation of the increase to employee’s base pay in applicable to demonstration project laboratory CCS pay pools, January 1997 will be handled under employees. The only factor in the pay (e) Providing guidance to pay pool existing procedures. The first CCS pay equation which varies from the current managers, adjustments will be made during the system is the allowance for step (f) Administering funds to CCS pay first full pay period of CY98. Future increases and promotions, denoted by pool managers, CCS pay adjustments will be effective ‘‘I.’’ The 15 year demonstration project (g) Integrating CCS with the free- the beginning of the first full pay period at China Lake has demonstrated this market model, of subsequent calendar years. number to average 2.4% per year. This (h) Reviewing hiring and promotion Rules governing Within-Grade figure has been further validated by salaries, Increases (WGI) under the current Air OPM. By limiting annual CCS based pay (i) Addressing Manage to Budget Force performance plan will continue in increases to the general increases (G) (MTB) issues to include the tracking of effect until the implementation date. plus 2.4% should, by definition, average salaries, and 24642 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Notices

(j) Monitoring award pool distribution laboratory must be modified to include funding will be provided through the by organization and by S&E versus non- the duties detailed above. Air Force Science and Technology S&E. D. Developmental Costs budget. The projected annual expenses Should the laboratory elect not to for each area is summarized in Table 4. Costs associated with the Project evaluation costs will continue establish a Personnel Policy Board, the development of the demonstration charter of an existing group within each for at least the first 5 years and may system include software automation, continue beyond. training, and project evaluation. All

TABLE 4.ÐPROJECTED DEVELOPMENTAL COSTS [Then year dollars in thousands]

FY95 FY96 FY97 FY98 FY99

Training ...... $170 $100 $50 Project Eval ...... 20 200 150 $150 $150 Automation ...... 150 100 ...... Data Systems ...... 260 ......

Totals ...... 190 710 300 150 150

IX. Required Waivers to Law and employees and positions under the Part 531, Subpart B, Subpart D, Subpart Regulation 10 General Schedule). E, and Subpart F: Determining rate of Chapter 75, Sections 7512 (3): Related to pay; within-grade increases; quality A. Waivers to Title 5, United States adverse action (but only to the extent step increases; locality payments Code necessary to exclude reductions in (only to the extent necessary to allow Chapter 31, Section 3111: Acceptance of broadband level not accompanied by demonstration project employees to volunteer service. a reduction in pay) and 7512 (4): be treated as General Schedule Chapter 33: Examination; selection; Related to adverse action (but only to employees and to allow basic rates of placement. the extent necessary to exclude pay under the demonstration project Chapter 35, Sections 3501–3502: conversions from a General Schedule to be treated as scheduled rates of Related to retention preference. special rate to demonstration project basic pay). Chapter 43, Sections 4301–4305: pay that do not result in a reduction Part 536, Subpart A, Subpart B, and Related to performance appraisal. in the employee’s total rate of pay). Subpart C: Grade and pay retention. Chapter 51, Sections 5101–5102 and Part 550, Sections 550.902: Hazard Pay, Sections 5104–5107: Related to B. Waivers to Title 5, Code of Federal definition of ‘‘employee’’ (only to the classification standards and grading. Regulations extent necessary to allow Chapter 53, Sections 5301; 5302 (8) and Part 300, Sections 300.601 through (9); 5303; 5304 (only to the extent demonstration project employees to 300.605: Time-in-grade restrictions. be treated as General Schedule necessary to allow demonstration Part 308, Sections 308.101 through project employees to be treated as employees). 308.103: Volunteer service. Part 575, Sections 575.102 (a)(1), General Schedule employees and to Part 315, Sections 315.801 and 315.802: allow basic rates of pay under the 575.202 (a)(1), 575.302 (a)(1), and Probationary period. Subpart D: Recruitment and demonstration to be treated as Part 334, Section 334.102 : Temporary relocation bonuses; retention scheduled rates of basic pay); 5305; assignment of employees outside allowances; supervisory differentials 5331–5336; and 5361–5366: Related agency. (only to the extent necessary to allow to special pay; pay rates and systems; Part 340: Other than full-time career employees and positions under the grade and pay retention. employment. demonstration project to be treated as Chapter 55, Section 5545 (d): Related to Part 351, Sections 351.203; 351.403; employees and positions under the hazardous duty premium pay (only to 351.501; 351.504; 351.701; 351.801; General Schedule positions). the extent necessary to allow and 351.805: Related to retention demonstration project employees to preference. Part 752, Sections 752.401 (a)(3): be treated as General Schedule Part 430, Subpart A and Subpart B: Reduction in grade and pay (but only employees). Performance management; to the extent necessary to exclude Chapter 57, Sections 5753, 5754, and performance appraisal. reductions in broadband level not 5755: Related to recruitment, Part 432, Sections 432.103 through accompanied by a reduction in pay) relocation, and retention payments; 432.105: Performance-based and 752.401 (a)(4) (but only to the supervisory differential (only to the reduction-in-grade and removal extent necessary to exclude extent necessary to allow employees actions. conversions from a General Schedule and positions under the Part 511, Subpart A, Subpart B, and special rate to demonstration project demonstration project to be treated as Subpart F, sections 511.601 through pay that do not result in a reduction 511.612: Classification within the in the employee’s total rate of pay). 10 Waiver required only to the extent that the project conflicts with pertinent provision of law General Schedule. [FR Doc. 96–12131 Filed 5–14–96; 8:45 am] and regulation. Part 530, Subpart C: Special salary rates. BILLING CODE 6325±01±P federal register May 15,1996 Wednesday Final Rules Advisers forDeliveryofInformation; Dealers, TransferAgents,andInvestment Use ofElectronicMediabyBroker- 17 CFRPart231,etal. Commission Exchange Securities and Part VI 24643 24644 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

SECURITIES AND EXCHANGE Washington, DC 20549. Electronically In the October Interpretive Release, the COMMISSION submitted comment letters will be Commission directed the Division of posted on the Commission’s Internet Market Regulation (‘‘Division’’) to 17 CFR Parts 231, 241, 271, and 276 web site (http://www.sec.gov). review Rule 10b-10 and other rules it FOR FURTHER INFORMATION CONTACT: administers under the Exchange Act to [Release No. 33±7288; 34±37182; IC±21945; determine if and under what conditions IA±1562; File No. S7±13±96] Catherine McGuire, Chief Counsel, or Elizabeth King, Special Counsel, or Jack electronic delivery of information Use of Electronic Media by Broker- Drogin, Special Counsel (concerning required by those rules is feasible.2 Dealers, Transfer Agents, and Rules 10b–10, 10b–16, 15c1–5, 15c1–6, Accordingly, the Division conducted a Investment Advisers for Delivery of 15c2–12, and 15g–2 through 15g–9 review of the rules it administers under Information; Additional Examples under the Securities Exchange Act of the Exchange Act. Based on that review, Under the Securities Act of 1933, 1934, and the release generally), 202/ the Commission is issuing this release, Securities Exchange Act of 1934, and 942–0073, Office of Chief Counsel, Mail which expresses its views with respect Investment Company Act of 1940 Stop 5–10; Sheila Slevin, Assistant to the delivery of information through Director (concerning information about electronic media in satisfaction of AGENCY: Securities and Exchange technology generally), 202/942–0796, broker-dealer and transfer agent Commission. Mail Stop 5–1; Michael Walinskas, requirements to deliver information ACTION: Interpretation; solicitation of Special Counsel (concerning Rule 9b–1 under the Exchange Act and the rules comments. under the Securities Exchange Act of thereunder. In conjunction with the 1934), 202/942–0188, Mail Stop 5–1; results of that review, the Commission SUMMARY: The Securities and Exchange Elizabeth MacGregor, Special Counsel is publishing its views on the use of Commission (‘‘Commission’’) is (concerning Rule 11Ac1–3 under the electronic media with respect to the publishing its views with respect to the Securities Exchange Act of 1934), 202/ disclosure delivery obligations of use of electronic media by broker- 942–0158, Mail Stop 5–1; Alan Reed, investment advisers and persons acting dealers, transfer agents, and investment Attorney (concerning Rules 15c2–8 and on their behalf 3 under the Investment advisers to deliver information as 15c2–11 under the Securities Exchange Advisers Act of 1940 (‘‘Advisers Act’’). required under the Securities Exchange Act of 1934), 202/942–0772, Mail Stop This release addresses only the Act of 1934 and the Investment 5–1; Michael A. Macchiaroli, Associate procedural aspects under the federal Advisers Act of 1940. This Director (concerning Exchange Act securities laws of the delivery of interpretation is intended to provide Rules 8c–1, 15c2–5, 15c3–2, 15c3–3, information by broker-dealers, transfer guidance in using electronic media to and 17a–5), 202/942–0132, Mail Stop 5– agents, and investment advisers. It does fulfill broker-dealers’ obligations to 1; Jerry Carpenter, Assistant Director not affect the rights and responsibilities deliver information to customers, (concerning Exchange Act Rule 17Ad– of any party under the federal securities 4 transfer agents’ obligations to deliver 5), 202/942–4187, Mail Stop 5–1, laws. This release also does not address information upon written request, and Division of Market Regulation; Jack W. investment advisers’ disclosure delivery Interpretive Release’’). In a companion release, the Murphy, Chief Counsel or Amy Commission proposed technical amendments to obligations. The Commission also is Doberman, Assistant Chief Counsel supplementing its interpretive release certain of its rules that currently are premised on (concerning the Investment Advisers the distribution of paper documents. Securities Act published on October 6, 1995, with Act of 1940 and the examples Release No. 7234 (Oct. 6, 1995), 60 FR 53467 (Oct. seven additional examples illustrating 13, 1995). Today the Commission is adopting these illustrating application of electronic technical amendments substantially as proposed. the application of that earlier release to delivery to mutual funds), 202/942– information delivery under the Securities Act Release No. 7289 (May 9, 1996). 0660, Mail Stop 10–6, Division of 2 October Interpretive Release, supra note 1, at Securities Act of 1933, the Securities Investment Management; Joseph Babits, 53459, n.12. Exchange Act of 1934, and the Special Counsel (concerning the 3 The term investment adviser is used in the rest Investment Company Act of 1940. of this release to refer to both investment advisers examples regarding application of and persons acting on their behalf (including any Finally, the Commission is seeking electronic delivery to issuers other than comment on the issues discussed in this solicitor receiving cash compensation from an mutual funds), 202/942–2910, Mail Stop adviser in accordance with Advisers Act Rule release. 3–7, Division of Corporation Finance, 206(4)-3, 17 CFR 275.206(4)-3). DATES: This interpretation is effective on Securities and Exchange Commission, 4 The substantive requirements and liability May 15, 1996. provisions of the federal securities laws apply 450 Fifth Street NW., Washington, DC equally to electronic and paper-based media. For Comments must be received on or 20549. example, the antifraud provisions of the Exchange before July 1, 1996. Act and Rule 10b-5 thereunder, as well as section SUPPLEMENTARY INFORMATION: ADDRESSES: Comments should be 206 of the Advisers Act and the rules thereunder, apply to information delivered and submitted in triplicate to Jonathan G. I. Introduction communications transmitted electronically, to the Katz, Secretary, Securities and Exchange On October 6, 1995, the Commission same extent as they apply to information delivered Commission, 450 Fifth Street NW., Mail published an interpretive release in paper form. See October Interpretive Release, Stop 6–9, Washington, DC 20549. supra note 1, at 53459, n.11. In addition, broker- expressing its views on the electronic dealers, transfer agents, and investment advisers Comments also may be submitted delivery of documents, such as continue to be subject to their respective electronically at the following electronic prospectuses, annual reports to recordkeeping requirements under Exchange Act mail address: [email protected]. shareholders, and proxy solicitation Rules 17a-3 and 17a-4, 17 CFR 240.17a-3 and All comment letters should refer to File 240.17a-4, Exchange Act Rules 17Ad-6 and 16Ad- materials under the Securities Act of 7, 17 CFR 240.17Ad-6 and 240.17Ad-7, and Number S7–13–96. This file number 1933 (‘‘Securities Act’’), the Securities Advisers Act Rule 204–2, 17 CFR 275.204–2. should be included on the subject line Exchange Act of 1934 (‘‘Exchange Act’’), The Commission proposed for comment if comments are submitted using and the Investment Company Act of amendments to the broker-dealer record electronic mail. Comment letters will be 1 preservation rule, which would permit broker- 1940 (‘‘October Interpretive Release’’). dealers to employ, under certain conditions, optical available for public inspection and storage technology to maintain required records. copying at the Commission’s Public 1 Securities Act Release No. 7233 (Oct. 6, 1995), See Exchange Act Release No. 32609 (July 9, 1993), Reference Room, 450 Fifth Street NW., 60 FR 53458 (Oct. 13, 1995) (hereinafter ‘‘October 58 FR 38092 (July 15, 1993) (‘‘Proposing Release’’). Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24645

or affect the applicability of any self- or of any state laws. Broker-dealers, other regulatory authorities,9 and other regulatory organization (‘‘SRO’’) rules,5 transfer agents, and investment advisers, third parties.10 therefore, are reminded to consider the II. Use of Electronic Media At the time these amendments were proposed, applicability of SRO rules and state laws concerns were expressed that optical disk images would make it difficult, from an examination and in connection with delivering In the October Interpretive Release, discovery perspective, to detect alterations made to information electronically.6 The release the Commission noted that the handwritten records and to records containing further does not affect any rules electronic distribution of information handwritten text. To address these concerns, the Proposing Release solicited comments on the promulgated under the Exchange Act by provides numerous benefits and that the adequacy of optical disk technology to preserve agencies other than the Commission.7 use of this type of medium is growing handwritten records or records that contain Finally, this interpretation does not among all participants in the securities handwritten text. industry. The Commission concluded Simultaneous with the issuance of the Proposing address the existing paper filing Release, the Division of Market Regulation, with the requirements with the Commission,8 that issuers, third parties (such as Commission’s concurrence, issued a no-action letter persons making tender offers or permitting broker-dealers to use optical disk soliciting proxies), and persons acting technology immediately. See Letter from Michael A. maintaining electronic communications as records Macchiaroli, Associate Director, Division of Market on a long term basis, and it intends to discuss these on behalf of such third parties may use Regulation, SEC to Mr. Michael D. Udoff, Chairman, concerns further with the securities industry. electronic media, in accordance with Ad Hoc Record Retention Committee, Securities 6 Article 8 of the UCC was revised substantially the guidance provided in the October Industry Association, Inc., (June 18, 1993). The no- in 1994, and the revisions were endorsed by both action letter permits the optical storage of all paper the American Law Institute and the National Interpretive Release, to deliver records, including handwritten records, except Conference of Commissioners on Uniform State information. In addition, the those records required to be made under paragraphs Laws. This revised version has been adopted by 13 Commission believes that broker- (a)(6) and (a)(7) of Rule 17a-3 (proprietary and states. Under Revised Article 8 Section 8–102(6), customer order tickets). dealers, transfer agents, and investment parties to a transaction may ‘‘transmit information advisers may satisfy their delivery The Commission’s request for comment in the by any mechanism agreed upon by the persons Proposing Release regarding handwritten records transmitting and receiving the information.’’ obligations under the Exchange Act and was in no way intended to limit reliance on the no- Revised Article 8 eliminates the current Section 8– the Advisers Act by using electronic action letter. In addition, the Commission notes that 319 requirement for a signed writing evidencing the paperless order tickets (i.e., those generated by media as an alternative to paper-based terms of a securities transaction. computers) may, under the no-action letter, be media.11 stored on optical disks. The Commission In states that have not yet codified the 1994 understands that most of the large firms generate amendments, a confirmation bearing the broker- This interpretation is intended to paperless order tickets rather than handwritten dealer’s letterhead or some other identifying provide broker-dealers, transfer agents, order tickets. marking, generally, fulfills that requirement. See and investment advisers with guidance Finally, the Commission is aware that questions e.g., Kohlmeyer and Co. v. Bowen, 192 S.E.2d 400, in using electronic media to satisfy have been raised regarding the application of the 126 Ga. App. 700 (Ga. Ct. App. 1972); See also optical storage no-action letter. The staff of the Bains v. Piper, Jaffray & Hopwood, 497 N.W.2d 263 delivery requirements under the federal Division of Market Regulation is prepared to (Minn. Ct. App. 1993) (computer generated securities laws. This release generally discuss with interested persons any issues in confirmation held to satisfy the UCC requirement covers those requirements that obligate connection with this letter, as well as with the for a writing). broker-dealers to deliver information to Proposing Release. 7 See, e.g., Treas. Reg. §§ 404.4(e) and 403.5(d) 5 customers, obligate transfer agents to See, e.g., National Association of Securities (rules regarding hold in custody repurchase Dealers, Inc. (‘‘NASD’’) Notice to Members 95–80 agreements applicable to government securities deliver information upon written (Sept. 26, 1995), NASD Rules of Fair Practice § 35, brokers and dealers that are financial institutions). request, and obligate investment and New York Stock Exchange, Inc. (‘‘NYSE’’) Rule 8 472, which govern member firm responsibilities For example, this interpretation does not apply advisers to deliver information to their relating to communications with the public, to any requirements to file information with the clients or prospective clients. Broker- including electronic communications. Commission in connection with registering under dealers and investment advisers also sections 15, 15A, 15B, or 15C of the Exchange Act In order to determine whether new guidelines are may rely on this interpretation in needed for the use of electronic communications, as a broker-dealer, national securities association, on January 12, 1996, the NYSE sent a survey to its municipal securities dealer, or government obtaining customers’ and clients’ members and member organizations regarding the securities broker-dealer. Broker-dealers currently consents as required under certain use of electronic systems to communicate with register with the Commission, the SROs, and the provisions of the Exchange and customers. The NYSE asked its members to return states through the Central Registration Depository Advisers Acts and the rules the survey by February 15, 1996. NYSE Information (‘‘CRD’’) system operated by the NASD. A redesign Memorandum (Jan. 12, 1996). The Commission of the CRD system will allow broker-dealers to file understands that the NASD intends to send a uniform registration forms electronically. In 9 For example, the notice requirements to the similar survey to its members. connection with the CRD redesign the Commission National Association of Securities Dealers, Inc. The Commission strongly encourages the SROs to intends to adopt amendments to Form BD, the under Exchange Act Rule 10b-17, also are not continue to work with broker-dealers to adapt SRO uniform application for broker-dealer registration within the scope of this interpretation. 17 CFR supervisory review requirements governing under the Exchange Act. See Exchange Act Release 240.10b-17. communications with customers to accommodate No. 35224 (Jan. 12, 1995), 60 FR 4040 (Jan. 19, 10 For example, Rule 15a–6 requires U.S. the use of electronic communications by broker- 1995) (proposing amendments to Form BD). registered broker-dealers, under certain dealers. Because electronic delivery systems allow Because, at the present time, the Commission circumstances, to obtain certain foreign persons’ broker-dealers and their associated persons to freely does not have the technological capacity to receive consent to service of process. 17 CFR 240.15a– contact the general public, as well as their clients, 6(a)(3)(iii)(D). The Commission has never taken a electronic transmissions of information from firms should maintain effective supervision and position as to the specific means by which the U.S. broker-dealers, transfer agents, or investment records of associated persons’ communications to broker-dealer may meet this obligation, but believes avoid potential sales practice problems. The advisers, this interpretation also does not apply to that a consent to service of process may be obtained Commission believes, however, that the SROs’ rules other requirements to file information with the through the use of a facsimile. Commission under the Exchange and Advisers concerning the supervisory requirements for 11 The exact nature of the broker-dealer’s, transfer electronic communications should be based on the Acts. See, e.g., Exchange Act Rule 9b-1, 17 CFR agent’s, and investment adviser’s delivery content and audience of the message, and not 240.9b-1 (options markets’ obligation to file with obligations is defined broadly and includes such merely the electronic form of the communication. the Commission any revisions to an options terms as ‘‘give,’’ ‘‘furnish,’’ ‘‘send,’’ and ‘‘deliver.’’ For example, the SROs should consider whether disclosure document); Advisers Act Form ADV, 17 The Commission believes that, in general, these electronic mail communications, that, as a practical CFR 279.1 (application for registration of terms are sufficiently broad to accommodate the matter, replace or substitute for telephone investment advisers). The Commission, contemplated electronic transmission of documents conversations, in many cases would not require nevertheless, recognizes the desirability of by or on behalf of the broker-dealer, transfer agent, advance authorization or prior supervisory review. electronic filing and is examining the feasibility of or investment adviser and, when called for, from a The Commission also recognizes that broker- establishing systems capable of receiving customer to a broker-dealer, transfer agent, or dealers are concerned about the costs of information electronically. investment adviser. But see infra notes 12 and 50. 24646 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations thereunder.12 A discussion of the information in a certain order, for have been satisfied,18 and stated that information delivery requirements instance, then the information delivered persons using electronic delivery of covered by this interpretation is electronically should be in substantially information should have reason to provided in section III of this release the same order.14 believe that any electronic means so (‘‘Covered Delivery Requirements’’). Moreover, regardless of whether selected will result in the satisfaction of Unless the Commission indicates information is delivered in paper or the delivery requirements.19 The otherwise, this interpretive release also electronic form, broker-dealers and Commission believes that broker- is intended to apply to all rules investment advisers must reasonably dealers, transfer agents, and investment promulgated under the Exchange and supervise firm personnel with a view to advisers should apply the same Advisers Acts, including rules preventing violations.15 Thus, broker- considerations in using electronic media promulgated subsequent to the issuance dealers and investment advisers should to satisfy their delivery obligations of this release, requiring broker-dealers consider the need for systems and under the Covered Delivery or investment advisers to deliver procedures to deter or detect Requirements. information to customers or clients, and misconduct by firm personnel in to rules requiring transfer agents to connection with the delivery of 1. Notice deliver information in response to information, whether by electronic or Broker-dealers, transfer agents, and written requests. paper means.16 investment advisers providing The Commission believes that, as a A. General information electronically should matter of policy, a person who has a consider the extent to which electronic This discussion is intended to right to receive a document under the communication provides timely and complement the discussion in the federal securities laws and chooses to adequate notice that such information is October Interpretive Release and to receive it electronically, should be available electronically.20 When provide general guidance concerning provided with the information in paper information is delivered on paper issues under the Exchange and Advisers form whenever specifically requesting through the postal mail, recipients most Acts. The Commission believes that paper.17 likely will be made aware that they have broker-dealers, transfer agents, and In the October Interpretive Release, received information that they may wish investment advisers should be able to the Commission discussed issues of to review and, therefore, separate notice satisfy their obligations under the notice and access that should be is not necessary. Information federal securities laws to deliver considered in determining whether the transmitted through electronic media, information required under the Covered legal requirements pertaining to however, may not always provide a Delivery Requirements by electronic delivery or transmission of documents similar likelihood of notice that distribution. The framework set forth in information has been sent that the the October Interpretive Release is 14 For a discussion of how requirements to recipient may wish to review.21 Broker- applicable to such electronic present information in a certain order may be applied to documents containing hyperlinks, see dealers, transfer agents, and investment distribution. advisers, therefore, should consider In the October Interpretive Release, example 51 in the October Interpretive Release. Id. 53466. whether it is necessary to supplement the Commission stated that it would 15 See Exchange Act § 15(b)(4)(E); Advisers Act the electronic communication with view information distributed through § 203(e)(5). See also NASD Rules of Fair Practice another communication that would electronic means as satisfying the § 27; NYSE Rule 342. provide notice similar to that provided delivery or transmission requirements of 16 See, e.g., In re: Bryant, Securities Exchange Act by delivery in paper through the postal the federal securities laws if such Release No. 32357 (May 24, 1993), (Commission upheld a finding of the National Association of mail. distribution results in the delivery to the Securities Dealers, Inc. that, among other things, the intended recipients of substantially failure to develop procedures to supervise a 2. Access equivalent information as such registered representative, who sent a false The Commission believes that recipients would have if the required confirmation statement on behalf of the broker- dealer, and to enforce existing procedures customers, securities holders, and information were delivered to them in constituted a failure to supervise on the part of the clients who are provided information paper form.13 The Commission is not president of the firm). through electronic delivery from broker- specifying the electronic medium or 17 For example if a person revokes consent to dealers, transfer agents, and investment source that broker-dealers, transfer receiving information electronically, even following advisers should have access to that agents, and investment advisers may delivery of the information, a paper copy should be delivered upon request. Revocation, however, is not information comparable to that which use. a prerequisite to requesting a paper copy. would be provided if the information Like paper documents, electronically The Commission understands that it can be very delivered documents must be prepared costly for broker-dealers to maintain records for 18 and delivered in a manner consistent long periods of time. This is particularly true with October Interpretive Release, supra note 1, at respect to information that is specific to a 53460–61. with the federal securities laws. 19 customer’s account or to a transaction, such as the Id. at 53461. Regardless of whether information is type of information defined below as Personal 20 See id. at 53460. See also infra section II.B.2. delivered in paper form or by electronic Financial Information. See infra section II.B. For regarding additional requirements when broker- means, it should convey all material and this reason, the Commission has limited the time dealers, transfer agents, and investment advisers required information. If a paper period that broker-dealers must preserve records send certain types of information (defined as required to be made under Exchange Act Rules 17a– Personal Financial Information) to customers. document is required to present 3. 17 CFR 240.17a–3. Specifically, Exchange Act 21 For example, if information is provided by Rule 17a–4 requires broker-dealers to preserve physically delivered material (such as a computer 12 In connection with transactions in penny records for a period of six years (3 years in the case diskette or CD-ROM) or by electronic mail, that stocks, however, the Commission believes that in of certain types of information), the first two years communication itself generally should be sufficient order to fulfill the purposes of the Securities in an easily accessible place. 17 CFR 240.17a–4. For notice. If information is made available Enforcement Remedies and Penny Stock Reform these same reasons, the Commission believes it is electronically through a passive delivery system, Act of 1990, broker-dealers should continue to have reasonable to expect that broker-dealers would such as an Internet Web Site, however, separate customers manually sign and return in paper form provide customers with information in paper form notice would be necessary to satisfy the delivery any documents that require a customer’s signature upon request for a period of two years. Transfer requirements unless the broker-dealer, transfer or written agreement. See infra note 50. agents and investment advisers are subject to agent, or investment adviser can otherwise evidence 13 October Interpretive Release, supra note 1, at similar recordkeeping requirements. 17 CFR that delivery to the customer or client has been 53460. See also supra example 7. 250.17Ad–6 and 240.17Ad–7; 17 CFR 275.204–2. satisfied. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24647 were delivered in paper form. Thus, the (3) disseminating information through is reasonably secure from tampering or use of a particular medium should not certain facsimile methods. In order to alteration. be so burdensome that intended ensure that information is delivered as recipients cannot effectively access the intended, broker-dealers, transfer 2. Consent information provided. Also, persons to agents, and investment advisers Because of the need to maintain the whom information is sent electronically delivering information using either confidentiality and security of Personal should have an opportunity to retain the electronic or paper-media should take Financial Information, it is important information through the selected reasonable precautions to ensure the that the intended recipient is willing to medium or have ongoing access integrity and security of that accept the delivery of such information equivalent to personal retention.22 information.25 through electronic media and has actual 3. Evidence to Show Delivery B. Personal Financial Information notice that the Personal Financial Providing information through postal Certain information that broker- Information will be delivered mail provides reasonable assurance that dealers, transfer agents, and investment electronically. Therefore, in order to the delivery requirements of the federal advisers deliver is specific to a ensure that Personal Financial securities laws have been satisfied. The particular person’s personal financial Information can be delivered in a Commission believes that broker- matters (‘‘Personal Financial manner that maintains the information’s dealers, transfer agents, and investment Information’’). For example, the confidentiality, unless a broker-dealer, advisers similarly should have reason to information reported to customers transfer agent, or investment adviser is believe that electronically delivered under Exchange Act Rule 10b–10 relates responding to a request for information information will result in the to specific securities transactions and that is made through electronic media or satisfaction of the delivery requirements includes the identity and number of the person making the request specifies under the federal securities laws. Thus, shares bought or sold and the net dollar delivery through a particular electronic whether using paper or electronic price for the shares. Under Exchange medium, the broker-dealer, transfer media, broker-dealers, transfer agents, Act Rule 10b–16, a broker-dealer that agent, or investment adviser should and investment advisers should imposes finance charges on a customer’s obtain the intended recipient’s informed consider the need to establish account during a quarterly period must consent prior to delivering Personal procedures to ensure that applicable deliver a quarterly statement disclosing, Financial Information electronically.27 delivery obligations are met. among other things, the account’s This consent will ensure that the Broker-dealers, transfer agents, and beginning and closing balances, debits intended recipient is willing to accept investment advisers may be able to and credits entered during the period, the delivery of Personal Financial evidence satisfaction of delivery the interest charged, and the rate or Information through electronic media obligations, for example, by: (1) rates of interest. Similarly, under and has actual notice that the Personal obtaining the intended recipient’s Advisers Act Rule 206(3)–2, investment informed consent 23 to delivery through Financial Information will be delivered advisers engaging in agency cross a specified electronic medium, and electronically. The Commission believes transactions involving clients are ensuring that the recipient has that such consent by the customer or required to send the clients disclosure client to the delivery of Personal appropriate notice and access, as 26 discussed above; (2) obtaining evidence about those transactions. Financial Information may be made that the intended recipient actually 1. Confidentiality and Security either by a manual signature or by received the information, such as by an electronic means. electronic mail return-receipt or by Broker-dealers, transfer agents, and investment advisers sending Personal C. Communications From Broker- confirmation that the information was Dealers’ Customers and Investment accessed, downloaded, or printed; 24 or Financial Information should take reasonable precautions to ensure the Advisers’ Clients 22 For example, the intended recipient’s ability to integrity, confidentiality, and security of that information, regardless of whether In addition to requirements to deliver download or print information delivered information, the Exchange Act and the electronically would enable a recipient to retain a it is delivered through electronic means permanent record. See October Interpretive Release, or in paper form. The Commission Advisers Act provide for broker-dealers supra note 1, at 53460. believes that broker-dealers, transfer and investment advisers to ‘‘receive’’ or 23 See id. at 53460. If a consent is used, the ‘‘obtain’’ responses from their customers consent should be an informed consent. An agents, and investment advisers informed consent should specify the electronic transmitting Personal Financial or clients. For example, Exchange Act medium or source through which the information Information electronically must tailor Rules 8c–1 and 15c2–1 require, under will be delivered and the period during which the certain circumstances, broker-dealers to consent will be effective, and should describe the those precautions to the medium used information that will be delivered using such in order to ensure that the information obtain a customer’s written consent in means. The broker-dealer, transfer agent, or order to hypothecate securities. investment adviser also should inform the customer Similarly, under the Advisers Act, that there may be potential costs associated with written consent or acknowledgement, as required electronic delivery, such as on-line charges. Except under certain Exchange and Advisers Acts rules certain provisions call for clients to where a manual signature is required under the and discussed infra notes 28–29 and accompanying consent to a transaction or acknowledge penny stock rules, see infra note 50, broker-dealers text, may serve as sufficient evidence to show receipt of certain disclosures.28 The delivery. may obtain consents either manually or Commission generally views an electronically. In most cases in which a request for 25 October Interpretive Release, supra note 1, at information is made through an electronic medium, 53460, n.22. electronic communication from a consent to receive the requested information by 26 17 CFR 275.206(3)–2(a)(2) (written customer to a broker-dealer or from a means of electronic delivery may be presumed. confirmation of each transaction ‘‘at or before the client to an investment adviser as In addition, if the broker-dealer, transfer agent, or completion of each such transaction’’); 17 CFR investment adviser is relying on the consent to 275.206(3)–2(a)(3) (annual written disclosure ensure effective delivery and the intended recipient statement identifying transactions). In addition, 27 See discussion supra note 23 regarding revokes the consent, future documents should be investment advisers having custody of client assets informed consent. delivered in paper. are required to send an itemized statement to each 28 See, e.g. Advisers Act §§ 205(a)(2) and 206(3); 24 For example, depending on the circumstances client at least quarterly showing assets in custody 17 CFR 275.206(3)–2(a)(1); 17 CFR 275.206(4)– and the procedures used, customers’ and clients’ of the adviser. 17 CFR 275.206(4)–2(a)(4). 3(a)(2)(iii). 24648 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations satisfying the requirements for such to such communications.32 Similarly, if consent in order to hypothecate written consent or acknowledgement.29 an adviser uses a publicly available securities under circumstances that electronic medium such as a World would permit the commingling of D. Electronic Transmission of Non- Wide Web site to provide information customers’ securities and to give written Required Disclosure about its services, the adviser would not notice to a pledgee that, among other The guidance provided above is qualify for the exemption from things, a security pledged is carried for intended to permit broker-dealers, registration in section 203(b)(3) of the the account of a customer.36 transfer agents, and investment advisers Advisers Act. That exemption is • Rule 9b–1, which, among other to comply with their delivery available only if, among other things, an things, requires a broker-dealer to obligations under the federal securities adviser does not hold itself out furnish to each customer, and keep laws when using electronic media. This generally to the public as an investment current, an options disclosure interpretation does not apply to the adviser. document, prior to accepting an order to electronic delivery of non-required purchase or sell an option on behalf of information that in some cases is being III. Covered Delivery Requirements that customer.37 provided voluntarily to customers, For clarity, below is a list of current • Rule 10b–10, which requires a securities holders, and clients 30 in that rules under the Exchange Act and broker-dealer to give or send it is not necessary (although it is, of requirements under the Advisers Act to confirmation information to course, permitted) to conform the which broker-dealers, transfer agents, customers.38 In addition, broker-dealers electronic delivery of such information and investment advisers may apply the must furnish to customers upon written to the guidance in this release. guidance provided in this request information such as the factors Nevertheless, the Commission urges interpretation. The Commission believes that affect the yield calculation related that the list sets forth all of the rules that to asset-based securities.39 broker-dealers, transfer agents, and • investment advisers to take into require or permit communications Rule 10b–16, which requires both consideration the need to implement between broker-dealers, transfer agents, initial and periodic written disclosure of the credit terms of margin loans.40 security measures when using electronic investment advisers and customers, • media to provide personal financial securities holders, and clients under the Rule 11Ac1–3, which requires a information. Exchange and Advisers Acts.33 The broker-dealer to deliver to each The staff also has received inquiries interpretation in this release is intended customer, upon opening a new account and on an annual basis thereafter, an about the permissibility of using various to cover all optional and required account statement disclosing the broker- electronic media to disseminate communications under the Exchange dealer’s policies relating to payment for advertisements for an investment and Advisers Acts between broker- order flow and its order routing adviser’s services or other information dealers, transfer agents, and investment 41 advisers, and customers, securities policies. that is not subject to a delivery • Rule 15c1–5, which requires, under holders, and clients.34 requirement. Such communications are specified circumstances, written permissible, subject to the same A. Exchange Act disclosure of control if a broker-dealer requirements and restrictions that apply Subject to the guidelines in this or municipal securities dealer is to such communications in paper. For controlled by, controlling, or under example, electronically disseminated release, broker-dealers and transfer agents may fulfill their requirements to common control with the issuer of a advertisements are subject to the same 42 deliver information to customers and security. prohibitions against misleading • Rule 15c1–6, which requires a disclosure as advertisements in paper.31 securities holders under the following Exchange Act rules: 35 broker-dealer or municipal securities Materials concerning an adviser that are • dealer receiving advisory fees to potentially available to ten or more Rule 8c–1, which requires broker- dealers to obtain customers’ written persons through an electronic system 36 17 CFR 240.8c–1(a)(1) and (f). would be considered subject to the 37 17 CFR 240.9b–1(d). 32 17 CFR 275.204–2(a)(11). Broker-dealers also 38 recordkeeping requirements applicable are subject to recordkeeping requirements that 17 CFR 240.10b–10. This release, therefore, would be applicable to all electronic resolves the issues in the October Interpretive 29 Of course, broker-dealers and investment communications received and sent by the firm Release with respect to Exchange Act Rule 10b–10, advisers should be cognizant of their relating to its business. 17 CFR 17a-4(a)(4). which requires broker-dealers to send confirmations at or before completion of the transaction by responsibilities to prevent, and the potential 33 The summary provided of the delivery permitting electronic delivery of the confirmation. liability associated with, unauthorized transactions. obligations under the Covered Delivery 17 CFR 240.10b–10. See October Interpretive See, e.g., supra note 16. In this regard, the Requirements is intended for ease of reference only. Release, supra note 1, at 53459, n.12. Commission believes that broker-dealers and It is not intended to be a statement of all the investment advisers should have reasonable requirements under the rules and provisions listed, In a release adopting certain amendments to Rule assurance that the response received from a and has no legal force or effect. Reference should 10b-10, the Commission recognized the use of a customer or client is authentic. be made to the full text of the rules, which is facsimile machine to send customer confirmation In addition, for policy reason discussed infra note published in the Code of Federal Regulations, as statements. At that time, however, the Commission 50, the Commission will continue to require broker- well as to relevant releases, interpretations, and no- believed that the use of other electronic means to dealers to obtain the manual signature of customers action letters, and to the full text of the Exchange send confirmations should be viewed on a case-by- on certain disclosure documents required under and Advisers Acts, 15 U.S.C. §§ 77 and 78, et seq. case basis. See Exchange Act Release No. 34962 (Nov. 10, 1994); 59 FR 59612 (Nov. 17, 1994). This Exchange Act Rules 15g–2 and 15g–9. 34 But see supra notes 4–10 and accompanying interpretation supersedes the view expressed in the 30 See, e.g., Kimberly Weisul, Calvert Becomes text. See also infra notes 35 and 50. 1994 release. First Fund to Offer Info On-Line; Mutual Fund 35 This release does not address the prospectus Broker-dealers are reminded that, when a Company Dodges the Security Issue, Investment delivery requirements under Exchange Act Rule prospectus is required to be delivered, it should be Dealers’ Digest, Jan. 22, 1996, at 9; Jon Birger, 15c2–8. 17 CFR 240.15c2–8. Broker-dealer delivered prior to, or concurrent with, delivery of Prudential Web Site to Let Clients Track Their requirements to deliver a preliminary prospectus in the confirmation. Thus, if a confirmation is sent by Accounts Daily, Bond Buyer, Oct. 18, 1995, at 10. connection with the issuance of securities by an facsimile, the prospectus also should be sent by 31 See 17 CFR 275.206(4)–1. Broker-dealers’ issuer that has not previously been required to file facsimile or equally prompt means. advertisements and sales literature are subject to reports pursuant to Exchange Act Section 13(a), 15 39 NASD rules, which have recently been amended U.S.C. 78m(a), or 15(d), 15 U.S.C. 78o(d), were 17 CFR 240.10b–10(a)(7). specifically to include electronic communications. addressed in the October Interpretive Release. See 40 17 CFR 240.10b–16. NASD, Notice to Members 95–74 (Sept. 1995); October Interpretive Release, supra note 1, at 53462, 41 17 CFR 240.11Ac1–3. NASD, Notice to Members 95–80 (Sept. 26, 1995). n. 31. 42 17 CFR 240.15c1–5. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24649

disclose any participation or financial • Rule 17a-5, which requires a broker- • Rule 204–3, which requires interest in the distribution of a security dealer to send to its customers audited investment advisers to deliver a written at or before the completion of a and unaudited financial statements.51 disclosure statement, or ‘‘brochure,’’ to transaction in such security for the • Rule 17Ad–5, which requires a clients at least 48 hours before entering account of a customer.43 transfer agent to respond within certain into an advisory contract, unless the • Rule 15c2–1, which requires broker- time frames to written requests for the client has the right to terminate the dealers to obtain customers’ written status of items presented for transfer, for contract without penalty within five consent in order to hypothecate acknowledgement of transfer business days.56 In addition, investment securities under circumstances that instructions, for confirmation of a advisers are required, except in certain would permit the commingling of transfer agent’s possession of a cases, to make available ‘‘without customers’ securities.44 certificate, for a transcript of a person’s charge’’ updates to its brochure.57 • Rule 15c2–5, which requires a account, or for dividend and interest • Rule 205–3(d), which requires written statement making disclosures payments.52 prior to effecting transactions in special disclosure regarding advisory insurance premium funding accounts B. Advisers Act arrangements involving performance 58 that would involve an extension or • Section 205(a)(2) of the Advisers fees. arrangement of credit, as well as Act, which requires an investment • Rule 206(3)–2, which permits retaining for its files, a written statement adviser to obtain its client’s consent to agency cross transactions, provided that setting forth the basis for making a the assignment of an advisory the investment adviser provides general determination that the arrangement is contract.53 written disclosure about its role in the suitable for the customer.45 • Section 205(a)(3) of the Advisers transactions, receives from clients • Rule 15c2–11, with regard to the Act, which requires an investment consent to agency cross transactions, requirement that broker-dealers make adviser to notify its clients, if the and sends both written confirmation of certain information enumerated in the adviser is organized as a partnership each transaction and an annual written rule reasonably available upon and there is a change in members of disclosure statement.59 request.46 partnership.54 • Rule 206(4)–2, which requires • Rule 15c2–12, with regard to the • Section 206(3) of the Advisers Act, certain disclosure relating to adviser requirements that municipal securities which prohibits certain principal and custody of client assets.60 underwriters provide, upon request, a agency transactions with a client preliminary official statement (if one without prior written disclosure about • Rule 206(4)–3, which requires exists) and a final official statement.47 the transaction and consent of the certain disclosures to be made by • Rule 15c3–2, which requires a client.55 solicitors who receive cash solicitation broker-dealer to give or send to its fees from advisers and a signed and customers a written notification of a free means of electronic media. In adopting these dated acknowledgement from clients of credit balance, that the broker-dealer provisions pursuant to the Securities Enforcement the receipt of the investment advisers may use that free credit balance in its Remedies and Penny Stock Reform Act of 1990, the and solicitors written disclosure Commission intended to provide customers with an 61 business operations, and that the funds opportunity to make an informed, deliberate statements. are payable upon demand of the decision without the high pressure sales practices customer.48 that sometimes are characteristic of transactions in 56 17 CFR 275.204–3(b). To the extent an adviser • Rule 15c3–3, which requires that these securities. For similar reasons, a facsimile relies on 48-hour advance delivery rather than the broker-dealers obtain repurchase copy of a customer’s signature has not been five-day cancellation period, the 48-hour period sufficient to satisfy the requirements under Rules would be measured from the time at which notice agreements in writing and confirm in 15g–2 and 15g–9 that certain documents be is given to the client that the statement is available writing the specific securities that are manually signed and dated. See Exchange Act through a specified electronic medium or source. the subject of hold in custody Release No. 32576 (July 2, 1993); NASD Notice to Investment advisers should have reason to believe repurchase agreements.49 Members 90–65 (Oct. 1990); NASD Notice to that the nature of the system or any limitations on • Members 90–18 (Mar. 1990). the client’s access to that system will not result in Rules 15g–3 through 15g–8, which While broker-dealers may not meet the signature any material delay in the client’s access to the require a broker-dealer, among other requirement under Rule 15g–9 by electronic means, information following receipt of the notice. things, to disclose to its customers, both the Commission believes that, consistent with the 57 17 CFR 275.204–3(c). If a client has elected to prior to effecting a transaction in a guidance set forth in this interpretation, they may receive the disclosure statement electronically, and meet their delivery obligations to their customers penny stock and on the written neither the adviser nor any system used by the under this rule by electronic means. The ‘‘risk adviser to disseminate updates electronically confirmation, bid and ask quotations disclosure document’’ that broker-dealers are imposes a charge upon the client specifically for the and broker-dealer and associated person required to furnish to their customers under Rule receipt of this information, the Commission would compensation.50 15g–2 is subject to strict formatting and typefacing consider this requirement satisfied, even though a restrictions. In order to comply with the system selected by a client to gain access to the requirements set forth in the instructions to adviser’s system may impose charges for access, 43 17 CFR 240.15c1–6. Schedule 15G, a risk disclosure document delivered printing or downloading. Alternatively, the 44 17 CFR 240.15c2–1(a)(1). electronically, when printed, would have to result Commission would consider the requirement 45 17 CFR 240.15c2–5. in a document that meets the requirements and satisfied so long as a paper version of the update 46 17 CFR 240.15c2–11(a)(4) and (a)(5). contains the exact text of Schedule 15G. is available without charge, notwithstanding any 47 17 CFR 240.15c2–12. When the Commission next reviews the penny charges that may be imposed upon a client for 48 17 CFR 240.15c3–2. stock rules, it may be willing to consider a ‘‘cooling- access, printing or downloading by the system used 49 17 CFR 240.15c3–3(b)(4). off’’ period as an alternative to the requirement of by an adviser to disseminate updates electronically. a manual signature under Rules 15g–2 and 15g–9. 58 50 17 CFR 240.15g–3 through 15g–8. 17 CFR 275.205–3(d). The Commission requests comment on this 59 17 CFR 275.206(3)–2. The Commission believes that the requirements approach. under Exchange Act Rules 15g–2 and 15g–9, which 60 17 CFR 275.206(4)–2. 51 17 CFR 240.17a–5(c). require broker-dealers to obtain from a customer 61 17 CFR 275.206(4)–3. Cf. Investment Company 52 prior to effecting transactions in penny stocks (1) 17 CFR 17Ad–5. Under certain circumstances, Act Release No. 21260 at n. 38 (July 27, 1995), 60 a manually signed acknowledgement of the receipt transfer agents currently are permitted to respond FR 39574 (contemplating that notification required of a risk disclosure document, (2) a written to requests by telephone. under proposed Investment Company Act Rule 3a– agreement to transactions involving penny stocks, 53 15 U.S.C. 80b–5(a)(2). 4 could be provided electronically by investment and (3) a manually signed and dated copy of a 54 15 U.S.C. 80b–5(a)(3). advisers and other sponsors of investment advisory written suitability statement, should not be met by 55 15 U.S.C. 80b–6(3). programs). 24650 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

IV. Additional Securities Act, Exchange number of the Company’s agent (which supplemental sales literature to have the Act, and Investment Company Act is independent from the Company) from prospectus downloaded or to request Examples whom additional information regarding that a prospectus be mailed. While the The October Interpretive Release the operation of the Dividend system permits the sales literature to be included a series of examples Reinvestment Plan can be obtained. viewed on-line, it does not allow users illustrating the general concepts set Additionally, the Company’s Internet to view the prospectus. Unlike the forth earlier in that release in order to Web site contains a hypertext link to the system in example 36 in the October provide guidance in applying those independent agent’s Internet Web site Interpretive Release, this system would concepts to specific facts and where a brochure describing the not require that a user have downloaded or printed the prospectus before viewing circumstances. The Commission is operation of the Dividend Reinvestment Plan and an enrollment card can be the supplemental sales literature. Users publishing here the following, obtained. accessing the supplemental sales additional examples to provide further This would be permissible, so long as literature would give specific consent to guidance and illustration. These the information on the Company’s electronic delivery of the prospectus. examples are based on questions that Internet Web site is limited to the This would not satisfy the prospectus have been raised with the staff by announcement of the unregistered delivery requirement because there industry representatives since the Dividend Reinvestment Plan and the would not be sufficient access to the publication of the October Interpretive name and address of the independent prospectus. Because the system does not Release. Any party (whether or not a agent from whom additional give users the opportunity to view the registered investment company) may information can be obtained. (This prospectus, it would lack the sort of look to these examples for guidance. would be analogous to the reasonably comparable access to the (1) Company XYZ places a prospectus communications that an issuer of an prospectus and the sales literature for any securities offering on its unregistered plan could make in paper present in examples 14, 15, and 35 in electronic mail system. Company XYZ format.) As with communications in the October Interpretive Release. The also uses its electronic mail system to paper format, the Company may not use opportunity to request that a prospectus disseminate documents required under its Internet Web site to advertise the be mailed or downloaded would not, the Exchange Act. Employees use the Dividend Reinvestment Plan or its under current technology, be considered company’s electronic mail in the benefits. Further, the use of a hypertext to give investors sufficient access to the ordinary course of performing their link to the home page of the prospectus. Instead, it would be duties as employees and ordinarily are independent agent would be permitted; analogous to giving investors sales expected to log-on to electronic mail however, the Company could not literature in paper with a toll-free routinely to receive mail and provide a hypertext link directly to the telephone number for requesting the communications. Those employees who Dividend Reinvestment Plan materials. prospectus: under those circumstances do not log-on have alternative means of (3) Brokerage firm ABC, a the prospectus would be received later receiving electronic mail messages, such recordholder of Company XYZ’s and would not be considered to have as having them sent to secretaries or co- common stock, received consents from preceded or accompanied the sales workers who then deliver them to the beneficial holders of Company XYZ’s literature.63 employee. The electronic mail either common stock for electronic delivery of (5) A fund places its prospectus on its includes the actual document or Company XYZ’s annual report and site on the World Wide Web or some announces the availability of the proxy materials and for electronic other electronic system. Shareholders document and provides information as processing of voting instructions. These provide a written, revocable consent to to how to access the document through customers are provided with the receive prospectuses electronically the local area network. The electronic Internet Web site address where through the system. The consent mail also prominently states that a Company XYZ’s annual report and informs shareholders that the current paper version of the document is proxy materials are located and the version of each prospectus will be available upon request. Internet Web site address where they available continuously on the system This would satisfy delivery can provide their voting instructions and that the fund will use the quarterly obligations with respect to employees electronically to the brokerage firm. account statement or quarterly who use the company’s electronic mail The electronic processing of voting newsletter as the means of notification system in the course of performing their instructions from beneficial holders and of prospectus amendments. It also states duties or who are expected to have the electronic voting of proxies would that another means of notification may alternative means made available to be consistent with the proxy rules. be used, but only after shareholders receive electronic mail messages. Issuers and others are reminded to have been notified of the change by the (2) Company XYZ places a notice consider any applicable state laws or then current means of notification.64 announcing its unregistered Dividend self-regulatory organization rules. The fund replaces its prospectus with Reinvestment Plan 62 on its Internet (4) A fund makes supplemental sales an annual amendment updating the Web site under a menu heading literature and its prospectus available ‘‘Dividend Reinvestment Plan.’’ The through a commercial on-line service. 63 As technology develops, some users may have announcement also contains the phone Under section 5(b) of the Securities Act, the capacity to download and view a prospectus in sales literature, whether in paper or no more time than it takes to jump via hyperlink 62 A company need not register its dividend electronic form is required to be from the sales literature to the prospectus. Under reinvestment plan under the Securities Act where preceded or accompanied by a final those circumstances, the capacity to download its involvement in the plan is limited to would be considered to give those users reasonably administrative or ministerial functions. For prospectus meeting the requirements of comparable access to the prospectus that would additional information, including a listing of section 10(a) of the Securities Act. By provide sufficient access. permitted functions, see Securities Act Release No. contrast, an advertisement satisfying the 64 A change in means of notification under such 4790 (July 13, 1965), 30 FR 9059 (July 20, 1965); requirements of Securities Act Rule 134 circumstances would also be effective in the case Securities Act Release No. 5515 (July 22, 1974), 39 of notification of the availability of shareholder FR 28520 (August 8, 1974); Securities Act Release or 482 need not be preceded or reports discussed in example 46 in the October No. 6188 (February 1, 1980), 45 FR 8960 (February accompanied by a prospectus. Users Interpretive Release. October Interpretive Release, 11, 1980). could click on a box in the supra note 1. Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24651 fund’s financial information and making version does not include a summary or Amendment to the Code of Federal other changes.65 The fund has provided transcript of the movie in the electronic Regulations notification that the prospectus will be version. Both versions of the prospectus updated by including notification in the are filed with the Commission as part of The Commission is amending Title preceding account statement or the company’s registration statement, or 17, Chapter II of the Code of Federal shareholder newsletter; the notification separately pursuant to Rule 497.68 Regulations in the manner set forth provides the approximate date on which The use of either version of the below: the amendment will be available. A prospectus to satisfy delivery subsequent amendment to the fund’s requirements would be permissible.69 PART 231ÐINTERPRETATIVE prospectus reflects the addition of a The issuer (or other party to whom the RELEASES RELATING TO THE redemption fee. Notification of the law assigns the responsibility) remains SECURITIES ACT OF 1933 AND prospectus amendment has been responsible for ensuring that each GENERAL RULES AND REGULATIONS included in the preceding statement or version satisfies applicable statutory THEREUNDER newsletter.66 requirements.70 Part 231 is amended by adding Just as the use of a newsletter or V. Solicitation of Comments statement in example 46 in the October Release No. 33–7288 and the release Interpretive Release constituted Any interested person wishing to date of May 9, 1996 to the list of sufficient notice for effective delivery of submit written comments relating to the interpretive releases. the semi-annual reports required under views expressed in this release are the Investment Company Act of 1940, invited to do so by submitting them in PART 241ÐINTERPRETATIVE the use of a newsletter or statement here triplicate to Jonathan G. Katz, Secretary, RELEASES RELATING TO THE would constitute sufficient notice for Securities and Exchange Commission, SECURITIES EXCHANGE ACT OF 1934 effective delivery with respect to the 450 Fifth Street, N.W., Mail Stop 6–9, AND GENERAL RULES AND scheduled prospectus update. Washington, D.C. 20549. Comments also REGULATIONS THEREUNDER (6) A fund’s on-line prospectus has may be submitted electronically at the the same text as the paper version, but following electronic mail address: rule- Part 241 is amended by adding the text appears in a different format. [email protected]. All comment letters Release No. 34–37182 and the release For example, text that appears as a block should refer to File Number S7–13–96. date of May 9, 1996 to the list of in the margin of a page in the paper This file number should be included on interpretive releases. prospectus appears in a box in the flow the subject line if comments are of the text in the electronic version. The submitted using electronic mail. PART 271ÐINTERPRETATIVE fund does not make a separate filing Comment is requested not only on the RELEASES RELATING TO THE under Securities Act Rule 497 with specific issues discussed in detail in the INVESTMENT COMPANY ACT OF 1940 respect to the electronic version. release, but on any other issues that AND GENERAL RULES AND The mere difference in format without should be considered in connection REGULATIONS THEREUNDER any difference in text would not qualify with facilitating the use of electronic the electronic version as a different media by broker-dealers, transfer agents, Part 271 is amended by adding ‘‘form of prospectus’’ for which filing is and investment advisers. Comment is Release No. IC–21945 and the release required. sought from both the point of view of date of May 9, 1996 to the list of (7) An investment company produces the sender and the intended recipient. interpretive releases. both an electronic version (such as a The Commission further requests CD-ROM) and a paper version of its comment on any competitive burdens PART 276ÐINTERPRETATIVE prospectus. Each version contains all that may result from this interpretation. RELEASES RELATING TO THE information required by, and otherwise Comments must be received on or INVESTMENT ADVISERS ACT OF 1940 complies with, the applicable form and before July 1, 1996. Comments received AND GENERAL RULES AND all other applicable provisions of the will be available for public inspection REGULATIONS THEREUNDER federal securities laws. The electronic and copying in the Commission’s public version contains a movie that does not reading room, 450 Fifth Street, N.W., Part 276 is amended by adding appear in the paper version. Each Washington, D.C. 20549. Electronically Release No. IA–1562 and the release version of the prospectus indicates that submitted comment letters will be date of May 9, 1996 to the list of posted on the Commission’s Internet there may be other versions of the interpretive releases. prospectus and, if the issuer determines web site (http://www.sec.gov). By the Commission. to make such other versions available, List of Subjects provides information on how to obtain Dated: May 9, 1996. such other versions.67 The paper 17 CFR Parts 231 and 241 Margaret H. McFarland, Securities. Deputy Secretary. 65 Under section 10(a)(3) of the Securities Act, a fund that continuously offers its shares would have 17 CFR Parts 271 and 276 [FR Doc. 96–12176 Filed 5–14–96; 8:45 am] to amend its prospectus no less frequently than BILLING CODE 8010±01±P every 16 months in order to include updated Investment companies, Securities. financial statements. 66 With unscheduled material prospectus 68 Alternatively, the company may file with the amendments for which such advance notice would Commission as an appendix to the prospectus the not be feasible, the fund would need to use other script of the movie and a fair and accurate narrative forms of notification such as a postcard or e-mail description of the graphic or image material. See message. See October Interpretive Release, supra October Interpretive Release, supra note 1, example note 1, example 43. 13. 67 The facts of this example should not be read 69 Of course, the general principles concerning as imposing any obligation on the issuer to make electronic delivery, as described in the October such other versions of its prospectus available to Interpretive Release, supra note 1, would apply. any person. 70 See id. at 53460. 24652 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

SECURITIES AND EXCHANGE of Regulation C; 8 Rule 605 of Regulation premised on the distribution of paper COMMISSION E; 9 Rule 304 of Regulation S–T; 10 Forms documents (‘‘Proposing Release’’).38 F–7, 11 F–8, 12 F–9, 13 F–10 14 and F–80; 15 The Commission received 12 letters of 17 CFR Parts 200, 228, 229, 230, 232, 16 17 Rule 12b–12; Rule 13e–3; Rule 13e– comment on various issues raised in its 239, 240, 270, and 274 18 19 20 4; Schedule 13E–4F; Rule 14a–3; October Interpretive Release and [Release No. 33±7289, 34±37183, IC±21946; Rule 14a–5; 21 Rule 14a–7; 22 Rule 14c– Proposing Release; the majority of File No. S7±31±95] 4; 23 Rule 14c–7; 24 Rule 14d–5; 25 commenters focused on the October 26 RIN 3235±AG67 Schedule 14D–1F; Schedule 14D– Interpretive Release rather than the 9F; 27 under the Securities Exchange Act Proposing Release.39 Except as noted, Use of Electronic Media for Delivery of 1934 (‘‘Exchange Act’’); 28 and Rule the Commission is adopting the Purposes 8b–12; 29 Rule 30d–1; 30 Rule 30d–2; 31 amendments as proposed,40 and certain Form N–1A; 32 Form N–2; 33 Form N– AGENCY: Securities and Exchange other technical rule changes are being 3; 34 and Form N–4 35 under the 41 Commission. made that did not require proposal. Investment Company Act of 1940 The amendments are designed to ACTION: Final rule. (‘‘Investment Company Act’’). 36 maintain the intent of the original SUMMARY: The Securities and Exchange I. Introduction requirements while allowing flexibility Commission (‘‘Commission’’) today is to issuers and others in the choice of adopting technical amendments to its In its October Interpretive Release, the distribution medium. rules that are premised on the Commission recognized the promise of distribution of paper documents. These electronic distribution of information in A. General Formatting Requirements amendments are intended to clarify enhancing investors’ ability to access, As proposed, Commission rules that certain rules in light of the research, and analyze information, and prescribe the physical appearance of a interpretations set forth in the in facilitating the provision of paper document, such as type size and Commission’s October 6, 1995 release 37 information by issuers and others. font requirements, are being amended to (Release No. 33–7233 [60 FR 53458]) Acknowledging the wide spectrum of provide that the issuer, when delivering regarding the use of electronic media for media available to issuers and others an electronic version of a document, the dissemination of issuer-related who distribute securities-related may comply with the requirements by information under the federal securities information, as well as the fact that laws (‘‘October Interpretive Release’’) presenting the information in a format strict compliance with requirements readily communicated to investors. and the availability of electronic filings applicable to printed material may not on the Commission’s World Wide Web Where legends are required to be be possible in all electronic media, in a site. printed in red ink or bold-face type, or companion release, the Commission in a different font size, the amended EFFECTIVE DATE: The amendments will proposed for comment technical become effective June 14, 1996. rules will allow issuers to satisfy such amendments to rules that were requirements by presenting the legends FOR FURTHER INFORMATION CONTACT: Joseph P. Babits or James R. Budge, in any manner reasonably calculated to 8 17 CFR 230.481 and 230.482. draw attention to them. (202) 942–2910, Division of Corporation 9 17 CFR 230.605. Finance; and, with regard to questions 10 17 CFR 232.304. 38 Release No. 33–7234 (October 6, 1995) [60 FR concerning investment companies and 11 17 CFR 239.37. 53468]. investment advisers, Kathleen K. Clarke, 12 17 CFR 239.38. 39 These letters are available for inspection and 13 (202) 942–0721, Division of Investment 17 CFR 239.39. copying in the Commission’s public reference room 14 Management, U.S. Securities and 17 CFR 239.40. located at 450 Fifth Street, N.W., Washington, D.C. Exchange Commission, 450 Fifth Street, 15 17 CFR 239.41. (File No. S7–31–95). N.W., Washington, D.C. 20549. 16 17 CFR 240.12b–12. 40 Certain clarifying modifications have been 17 17 CFR 240.13e–3. made to the proposed language of Rule 304(c) of SUPPLEMENTARY INFORMATION : To clarify 18 17 CFR 240.13e–4. Regulation S–T and the note to Rule 14d–5. certain rules in light of the 19 17 CFR 240.13e–102. 41 See technical changes to Rule 200.80 of the interpretations relating to electronic 20 17 CFR 240.14a–3. Commission’s rules relating to organization, distribution of securities-related 21 17 CFR 240.14a–5. conduct and ethics and information and requests, information as set forth in the October 22 17 CFR 240.14a–7. Securities Act Rule 120, Item 502 of Regulations S– K and S–B, and Item 601(c) of Regulations S–K and 23 17 CFR 240.14c–4. Interpretive Release, the Commission is S–B, and to the following Investment Company Act 24 adopting technical amendments to the 17 CFR 240.14c–7. registration statement forms: Form N–1A for open- following rules and forms: Rule 200.80, 1 25 17 CFR 240.14d–5. end investment companies; Form N–2 for closed- Item 502 of Regulation S-B; 2 Item 502 26 17 CFR 240.14d–102. end companies; Form N–3 for separate accounts 27 of Regulation S–K; 3 Rule 120 4 of the 17 CFR 240.14d–103. offering variable annuity contracts that are 28 registered under the Investment Company Act as Securities Act of 1933 (‘‘Securities 15 U.S.C. 78a et seq. 29 17 CFR 270.8b–12. management investment companies; and Form N– 5 6 Act’’); Rule 253 of Regulation A; Rule 30 17 CFR 270.30d–1. 4 for separate accounts offering variable annuity 7 420 of Regulation C; Rules 481 and 482 31 17 CFR 270.30d–2. contracts that are registered under the Investment Company Act as unit investment trusts. The 32 17 CFR 274.11A. amendments to Rules 200.80 and 120 relate to 1 17 CFR 200.80. 33 17 CFR 274.11a–1. agency organization, procedure or practice; 2 17 CFR 228.502. 34 17 CFR 274.11b. therefore, publication for notice and comment is not 3 17 CFR 229.502. Two unrelated technical 35 17 CFR 274.11c. required under the Administrative Procedure Act. corrections to Item 601(c) of Regulations S-B and S- 36 15 U.S.C. 80a–1 et seq. 5 U.S.C. 553(b). With respect to the amendments to K [17 CFR 228.601(c) and 229.601(c), respectively] 37 The Commission has issued a second Regulations S–K and S–B, and to the Investment also are included in this release. interpretive release dealing with electronic Company Act registration statement forms, the 4 17 CFR 230.120. communication issues relating to broker-dealers, Commission for good cause finds that publication 5 15 U.S.C. 77a et seq. transfer agents, and investment advisers. Several of these amendments for notice and comment is 6 17 CFR 230.253. additional examples also were included. See unnecessary because they are minor, technical 7 17 CFR 230.420. Release No. 33–7288 (May 9, 1996). changes. 5 U.S.C. 553(b). Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24653

B. Graphic, Image and Audio presentation or transcript of the omitted to amend Rules 200.80(c) and 120 to Information material.44 include a statement that electronic filings are publicly available on the C. Rules Where Mailing Is Identified as 1. Documents Delivered to Investors Commission’s Web site.49 The a Delivery Method With respect to documents delivered prospectus requirements also have been Certain Commission rules provide to investors, the proposed rules amended to provide for the inclusion of that information may be distributed to provided that if material graphic, image a statement that the Commission investors by mail. While some indicate and audio information is included in maintains a Web site that contains that reasonably prompt alternative reports, proxy and information one version of a disclosure document, delivery methods may be used,45 others statements and other information but not in other versions, the issuer specifically require ‘‘mailing.’’ These regarding registrants that file must include in the other versions a fair rules should be read consistently to electronically with the Commission.50 and accurate description or transcript of allow the use of alternative methods of The Commission also is amending the omitted information. The distribution that are reasonably prompt. certain investment company registration Commission has determined that this These rules are being amended where statement forms to provide for inclusion language is not necessary to ensure necessary to reflect this view.46 of a statement on the cover page of compliance with the federal securities prospectuses that the Commission laws; consequently, the adopted rules D. Identification of Where Filings Are maintains a Web site that contains the do not include it. Where more than one Available for Inspection Statement of Additional Information, version of a document is delivered to Rule 200.80 identifies the public material incorporated by reference, and investors, each version must contain all reference rooms located in Washington, other information regarding registrants information required by, and otherwise D.C. and other designated Regional that file electronically with the comply with, the requirements of the Offices as the primary locations where Commission.51 This new requirement is applicable form and other provisions of documents filed with the Commission limited to prospectuses disseminated the federal securities laws.42 The issuer may be inspected and copied; in electronically by investment companies (or other party to whom the law assigns addition, Securities Act Rule 120 states that are electronic filers because it the responsibility) remains responsible that registration statements are available should not impose any significant for ensuring that each version satisfies for public inspection during business additional burden on such registrants to applicable statutory and regulatory hours at Commission headquarters. include the disclosure in those requirements.43 Other rules require a registrant that is a prospectuses. The Commission intends reporting company to include on the to propose expanding this requirement 2. Documents Filed With the inside front cover of a prospectus a to apply to all investment company Commission statement to the effect that reports and prospectuses as part of future other information filed by the registrant amendments to investment company Documents containing video, audio may be inspected and copied at the registration forms. and graphic presentations currently Commission’s public reference rooms.47 cannot be filed on the EDGAR system. II. Cost-Benefit Analysis The Commission now also makes Where these presentations are used in electronic filings publicly available on Quick and broad access to material documents delivered to investors, Rule the Internet within 24 hours of information was one of the fundamental 304 of Regulation S-T has always acceptance.48 Consequently, the premises upon which the federal required electronic filers to provide fair Commission believes it is appropriate, securities laws were adopted, and and accurate descriptions of omitted as a reflection of this agency’s current electronic distribution no doubt will materials in their EDGAR filings. Rule dissemination procedures and practices, benefit issuers and investors through 304 initially was phrased in terms of cheaper and faster communication of graphic and image material included in 44 Of course, immaterial differences would not information. While the Commission ‘‘the paper format version’’ of an need to be described. The rule retains the expects the increased use of electronic EDGAR filing. To reflect the possibility provisions that all such omitted material is deemed media to benefit securities markets and of the delivery of an electronic version filed as part of the electronic filing and that copies investors by making disclosure available of the document as distributed should be retained that differs from the EDGAR filing, the by the issuer for a period of five years. One faster and more cheaply, it does not Commission is amending Rule 304 to commenter suggested that rather than require anticipate that the amendments will, in provide that wherever the ‘‘document descriptions, the Commission should allow the and of themselves, result in substantial delivered to investors or others’’ filing of documents in formats that currently are not economic costs or benefits. Those compatible with EDGAR. This suggestion includes graphic, image or audio fundamentally relates to the design of the EDGAR benefits will be derived from advances information that cannot be reproduced system, which currently is being reevaluated by the in technology, and not from the minor in an electronic filing on EDGAR, the staff; any necessary rulemaking related to electronic technical amendments that are the EDGAR filing must include a fair and filing will be undertaken as modifications to the subject of this rulemaking. EDGAR system are developed and implemented in accurate narrative description, tabular the future. 49 A correction to the cross reference to 45 See e.g., Rule 14d–4(a)(2)(ii) [17 CFR 240.14d– confidential treatment rules in Rule 120 also is 42 See Release No. 33–7288 (May 9, 1996), Part IV, 4(a)(2)(ii)]. being adopted. 46 example (7). Where the costs of distribution are to be 50 Item 502(a) of Regulations S–K and S–B. The 43 Differing versions of a document may need to calculated under the rules, the amendments provide Commission’s Internet address is http:// be filed with the Commission. For example, that methods analogous to those applicable to www.sec.gov. mailing should be used where alternative delivery differing prospectuses should be filed with the 51 See amendments to Item 1(a)(iii)(C) of Form N– Commission pursuant to Rule 424 [17 CFR 230.424] methods are chosen. In that regard, the proposed 1A; Item 1.1.d(C) of Form N–2; Item 1(a)(vi)(C) of or Rule 497 [17 CFR 230.497]. Alternatively, the change to Rule 14d-5 has been modified to provide Form N–3; and Item 1(a)(v)(C) of Form N–4. This company may file with the Commission as an greater guidance with respect to cost calculation new requirement would apply to any prospectus appendix to the prospectus a fair and accurate under that rule. that is disseminated electronically by an investment description of any omitted material. As discussed 47 Item 502(a) of Regulations S–K and S–B [17 company that is an electronic filer after the effective below, graphic, image and audio material should be CFR 229.502(a) and 228.502(a), respectively]. date of these rules, but the new disclosure would described in EDGAR filings pursuant to Rule 304 48 See Commission News Release No. 95–195 not necessitate filing a prospectus supplement or of Regulation S–T. (September 28, 1995). ‘‘stickering’’ the prospectus. 24654 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

III. Regulatory Flexibility Act Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, information statements) and other Certification 77k, 77s, 77aa(25), 77aa(26), 77ddd, 77eee, information filed by the registrant can 77ggg, 77hhh, 77jjj, 77nnn, 77sss, 78l, 78m, Pursuant to section 605(b) of the be inspected and copied at the public 78n, 78o, 78w, 78ll, 80a–8, 80a–29, 80a–30, reference facilities maintained by the Regulatory Flexibility Act, 5 U.S.C. 80a–37, 80b–11, unless otherwise noted. 605(b), the Chairman of the Commission Commission in Washington, D.C., and at 4. By amending § 228.502 by revising has certified that the amendments will certain of its Regional Offices, and state paragraph (a)(2) to read as follows: not have a significant economic impact the current address of each such facility on a substantial number of small § 228.502 (Item 502) Inside front and (see §§ 200.11(b) and 200.80(c) of this entities. This certification, including the outside back cover pages of prospectus. chapter), and that copies of such material can be obtained from the Public reasons therefor, was attached to the * * * * * Reference Section of the Commission, Proposing Release as Appendix A. (a)(1) * * * (2) If the small business issuer is a 450 Fifth Street, N.W., Washington, D.C. IV. Statutory Bases reporting company, state that the reports 20549 at prescribed rates. If the The amendments to the Commission’s and other information filed by the small registrant is an electronic filer, state that rules under the Securities Act and business issuer may be inspected and the Commission maintains a Web site amendments to the Commission’s rules copied at the public reference facilities that contains reports, proxy and under the Exchange Act are being made of the Commission in Washington D.C., information statements and other pursuant to Sections 6, 7, 8, 10 and and at some of its Regional Offices information regarding registrants that 19(a) of the Securities Act and Sections (include addresses), and that copies of file electronically with the Commission 3, 4, 10, 12, 13, 14, 15, 16 and 23 of the such material can be obtained from the and state the address of such site (http:/ Exchange Act. The amendments to the Public Reference Section of the /www.sec.gov); and Commission’s rules under the Commission, 450 Fifth Street, N.W., * * * * * Investment Company Act are being Washington D.C. 20549, at prescribed 229.601 [Amended] made pursuant to Sections 8(b) and rates. If the small business issuer is an 38(a) under the Investment Company electronic filer, state that the 8. By amending § 229.601(c) by Act, as amended. Commission maintains a Web site that revising the heading ‘‘Note 1 to paragraph (c)(1)(vi)’’ to read ‘‘Note 1 to List of Subjects contains reports, proxy and information statements and other information paragraph (c)(1)’’ and ‘‘Note 2 to 17 CFR Parts 200, 228, 229, 230, 232, regarding issuers that file electronically paragraph (c)(1)(vi)’’ to read ‘‘Note 2 to 239, 240, 270 and 274 with the Commission and state the paragraph (c)(1)’’. Investment companies, Reporting and address of such site (http:// PART 230ÐGENERAL RULES AND recordkeeping requirements, Securities. www.sec.gov); and REGULATIONS, SECURITIES ACT OF * * * * * Text of the Amendments 1933 In accordance with the foregoing, § 228.601 [Amended] 9. The authority citation for Part 230 Title 17, chapter II of the Code of 5. By amending § 228.601(c) by continues to read in part as follows: revising the headings ‘‘Note 1 to Federal Regulations is amended as Authority: 15 U.S.C. 77b, 77f, 77g, 77h, 77j, follows: paragraph (c)(1)(vi)’’ to read ‘‘Note 1 to 77s, 77sss, 78c, 78d, 78l, 78m, 78n, 78o, 78w, paragraph (c)(1)’’ and ‘‘Note 2 to 78ll(d), 79t, 80a–8, 80a–29, 80a–30, and 80a– PART 200ÐORGANIZATION; paragraph (c)(1)(vi)’’ to read ‘‘Note 2 to 37, unless otherwise noted. CONDUCT AND ETHICS; AND paragraph (c)(1)’’. * * * * * INFORMATION AND REQUESTS PART 229ÐSTANDARD 10. By revising § 230.120 to read as 1. The authority citation for Part 200 INSTRUCTIONS FOR FILING FORMS follows: continues to read in part as follows: UNDER SECURITIES ACT OF 1933, § 230.120 Inspection of registration Authority: 15 U.S.C. 77s, 78d–1, 78d–2, SECURITIES EXCHANGE ACT OF 1934 statements. 78w, 78ll(d), 79t, 77sss, 80a–37, 80b–11, AND ENERGY POLICY AND Except for material contracts or unless otherwise noted. CONSERVATION ACT OF 1975Ð portions thereof accorded confidential * * * * * REGULATION S±K treatment pursuant to § 230.406, all 2. By amending § 200.80 by adding registration statements are available for paragraph (c)(3), to read as follows: 6. The authority citation for Part 229 continues to read in part as follows: public inspection, during business hours, at the principal office of the § 200.80 Commission records and Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, information. 77k, 77s, 77aa(25), 77aa(26), 77ddd, 77eee, Commission in Washington, D.C. * * * * * 77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss, 78c, Electronic registration statements made (c)(1) * * * 78i, 78j, 78l, 78m, 78n, 78o, 78w, 78ll(d), 79e, through the Electronic Data Gathering, (3) Electronic filings made through 79n, 79t, 80a–8, 80a–29, 80a–30, 80a–37, Analysis, and Retrieval system are the Electronic Data Gathering, Analysis, 80b–11, unless otherwise noted. publicly available through the and Retrieval system are publicly * * * * * Commission’s Web site (http:// available through the Commission’s 7. By amending § 229.502 by revising www.sec.gov). Web site (http://www.sec.gov). paragraph (a)(2) to read as follows: 11. By amending § 230.253 by * * * * * § 229.502 (Item 502) Inside front and designating the text of paragraph (b) outside back cover pages of prospectus. after the heading as paragraph (b)(1) and PART 228ÐINTEGRATED by adding paragraph (b)(2), to read as * * * * * DISCLOSURE SYSTEM FOR SMALL follows: BUSINESS ISSUERS (a) * * * (2) State that reports (and where the § 230.253 Offering circular. 3. The authority citation for Part 228 registrant is subject to sections 14(a) and continues to read as follows: 14(c) of the Exchange Act, proxy and * * * * * Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24655

(b) Presentation of information. (c)(1) * * * PART 239ÐFORMS PRESCRIBED (1) * * * (2) Where an offering circular is UNDER THE SECURITIES ACT OF 1933 (2) Where an offering circular is distributed through an electronic distributed through an electronic medium, issuers may satisfy legibility 18. The authority citation for Part 239 medium, issuers may satisfy legibility requirements applicable to printed continues to read in part as follows: requirements applicable to printed documents by presenting all required Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, documents by presenting all required information in a format readily 77sss, 78c, 78l, 78m, 78n, 78o(d), 78w(a), information in a format readily communicated to investors. 78ll(d), 79e, 79f, 79g, 79j, 79l, 79m, 79n, 79q, communicated to investors. * * * * * 79t, 80a–8, 80a–29, 80a–30 and 80a–37, * * * * * unless otherwise noted. 12. By amending § 230.420 by PART 232ÐREGULATION S±TÐ * * * * * designating the text as paragraph (a) and GENERAL RULES AND REGULATIONS 19. By amending Form F–7 by adding paragraph (b), to read as FOR ELECTRONIC FILINGS (referenced in § 239.37) by adding a note follows: 16. The authority citation for Part 232 to Part I, Item 2, to read as follows: § 230.420 Legibility of prospectus. continues to read as follows: Note.—The text of Form F–7 does not, and (a) * * * Authority: 15 U.S.C. 77f, 77g, 77h, 77j, this amendment will not, appear in the Code (b) Where a prospectus is distributed 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), of Federal Regulations. through an electronic medium, issuers 78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30 Form F–7 and 80a–37. may satisfy legibility requirements REGISTRATION STATEMENT UNDER THE applicable to printed documents, such 17. By amending § 232.304 by revising SECURITIES ACT OF 1933 as paper size, type size and font, bold- the section heading, paragraphs (a), * * * * * face type, italics and red ink, by (b)(1), and (c) to read as follows: presenting all required information in a PART I § 232.304 Graphic, image and audio format readily communicated to INFORMATION REQUIRED TO BE SENT TO material. investors, and where indicated, in a SHAREHOLDERS (a) If a filer includes graphic, image or manner reasonably calculated to draw * * * * * audio material in a document delivered investor attention to specific Item 2. Information Legends information. to investors and others that cannot be 13. By amending § 230.481 to add reproduced in an electronic filing, the * * * * * Note to Item 2. If the home-jurisdiction paragraph (h) to read as follows: electronically filed version of that document shall include a fair and document(s) are delivered through an § 230.481 Information required in accurate narrative description, tabular electronic medium, the issuer may satisfy the prospectus. legibility requirements for the required representation or transcript of the legends relating to type size and font by * * * * * omitted material. Such descriptions, presenting the legends in any manner (h) Where a prospectus is distributed representations or transcripts may be reasonably calculated to draw investor through an electronic medium, issuers included in the text of the electronic attention to it. may satisfy legibility requirements filing at the point where the graphic, * * * * * applicable to printed documents, such image or audio material is presented in 20. By amending Form F–8 as paper size, type size and font, bold- the delivered version, or they may be (referenced in § 239.38) by adding a note face type, italics and red ink, by listed in an appendix to the electronic to Part I, Item 2, to read as follows: presenting all required information in a filing. Immaterial differences between format readily communicated to the delivered and electronically filed Note.—The text of Form F–8 does not, and investors, and where indicated, in a versions, such as pagination, color, type this amendment will not, appear in the Code manner reasonably calculated to draw size or style, or corporate logo need not of Federal Regulations. investor attention to specific be described. Form F–8 information. (b)(1) The graphic, image and audio REGISTRATION STATEMENT UNDER THE 14. By amending § 230.482 by material in the version of a document SECURITIES ACT OF 1933 removing the note following paragraph delivered to investors and others shall * * * * * (a)(7) and adding a note to paragraph be deemed part of the electronic filing (a)(6), to read as follows: and subject to the liability and anti- PART I fraud provisions of the federal securities INFORMATION REQUIRED TO BE § 230.482 Advertising by an investment DELIVERED TO OFFEREES OR company as satisfying requirements of laws. PURCHASERS section 10. (2) * * * (c) An electronic filer shall retain for * * * * * (a) * * * a period of five years a copy of each (6) * * * Item 2. Informational Legends Note to paragraph (a)(6). All publicly distributed document, in the format used, that contains graphic, * * * * * advertisements made pursuant to this Note to Item 2. If the home-jurisdiction rule are subject to Rule 420 [17 CFR image or audio material where such document(s) are delivered through an 230.420]. material is not included in the version electronic medium, the issuer may satisfy the filed with the Commission. The five- legibility requirements for the required * * * * * year period shall commence as of the 15. By amending § 230.605 by legends relating to type size and font by filing date, or the date that appears on presenting the legends in any manner designating the text of paragraph (c) as the document, whichever is later. Upon reasonably calculated to draw investor paragraph (c)(1) and by adding request, an electronic filer shall furnish attention to it. paragraph (c)(2) to read as follows: to the Commission or its staff a copy of * * * * * § 230.605 Filing and use of the offering any or all of the documents contained 21. By amending Form F–9 circular. in the file. (referenced in § 239.39) by adding a note * * * * * * * * * * to Part I, Item 2, to read as follows: 24656 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

Note.—The text of Form F–9 does not, and Item 2. Informational Legends (e) * * * this amendment will not, appear in the Code * * * * * (1) * * * of Federal Regulations. Note to Item 2. If the home-jurisdiction (ii) * * * Form F–9 document(s) are delivered through an (A) By mailing or otherwise electronic medium, the issuer may satisfy the furnishing promptly the statement REGISTRATION STATEMENT UNDER THE legibility requirements for the required required by paragraph (d)(1) of this SECURITIES ACT OF 1933 legends relating to type size and font by section to each security holder whose * * * * * presenting the legends in any manner name appears on the most recent PART I reasonably calculated to draw investor attention to it. shareholder list of the issuer; INFORMATION REQUIRED TO BE * * * * * * * * * * DELIVERED TO OFFEREES OR 29. By amending Schedule 13E–4F PURCHASERS PART 240ÐGENERAL RULES AND (§ 240.13e–102) by adding a note to Item * * * * * REGULATIONS, SECURITIES 2 of Part I, to read as follows: EXCHANGE ACT OF 1934 Item 2. Informational Legends § 240.13e±102 Schedule 13E±4F. Tender 24. The authority citation for Part 240 * * * * * offer statement pursuant to section 13(e)(1) Note to Item 2. If the home-jurisdiction continues to read in part as follows: of the Securities Exchange Act of 1934 and document(s) are delivered through an Authority: 15 U.S.C. 77c, 77d, 77g, 77j, § 240.13e±4 thereunder. electronic medium, the issuer may satisfy the 77s, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, * * * * * legibility requirements for the required 78d, 78i, 78j, 78l, 78m, 78n, 78o, 78p, 78q, legends relating to type size and font by 78s, 78w, 78x, 78ll(d), 79q, 79t, 80a–20, 80a– Part I—Information Required To Be Sent presenting the legends in any manner 23, 80a–29, 80a–37, 80b–3, 80b–4 and 80b– to Shareholders 11, unless otherwise noted. reasonably calculated to draw investor * * * * * attention to it. * * * * * Item 2. * * * * * * * * 25. The authority citation following § 240.14d–5 is removed. Note to Item 2. If the home jurisdiction 22. By amending Form F–10 26. By amending § 240.12b–12 by document(s) are delivered through an (referenced in § 239.40) by adding a note adding paragraph (e) to read as follows: electronic medium, the issuer may satisfy the to Part I, Item 3, to read as follows: legibility requirements for the required § 240.12b±12 Requirements as to paper, legends relating to type size and fonts by Note.—The text of Form F–10 does not, printing and language. presenting the legend in any manner and this amendment will not, appear in the reasonably calculated to draw security holder Code of Federal Regulations. * * * * * attention to it. (e) Where a statement or report is Form F–10 distributed to investors through an * * * * * REGISTRATION STATEMENT UNDER THE electronic medium, issuers may satisfy 30. By amending § 240.14a–3 by SECURITIES ACT OF 1933 legibility requirements applicable to designating the text of paragraph (b)(2) * * * * * printed documents, such as paper size as (b)(2)(i) and by adding paragraph (b)(2)(ii), to read as follows: PART I and type size and font, by presenting all required information in a format readily INFORMATION REQUIRED TO BE § 240.14a±3 Information to be furnished to DELIVERED TO OFFEREES OR communicated to investors. security holders. PURCHASERS 27. By amending § 240.13e–3 by * * * * * designating the instructions to * * * * * (b) * * * paragraph (e)(3) immediately following (2)(i) * * * Item 3. Informational Legends paragraph (e)(3)(ii)(B) as ‘‘Instructions to (ii) Where the annual report to * * * * * paragraph (e)(3)’’ and by adding security holders is delivered through an Note to Item 3. If the home-jurisdiction instruction 3 thereto, to read as follows: electronic medium, issuers may satisfy document(s) are delivered through an legibility requirements applicable to electronic medium, the issuer may satisfy the § 240.13e±3 Going private transactions by legibility requirements for the required certain issuers or their affiliates. printed documents, such as type size and font, by presenting all required legends relating to type size and font by * * * * * presenting the legends in any manner (e) * * * information in a format readily reasonably calculated to draw investor (3) * * * communicated to investors. attention to it. Instructions to paragraph (e)(3). * * * * * * * * * * 1. * * * 31. By amending § 240.14a–5 by 23. By amending Form F–80 2. * * * designating the text of paragraph (d) as 3. If the information delivered to (referenced in § 239.41) by adding a note paragraph (d)(1) and by adding security holders is distributed through to Part I, Item 2, to read as follows: paragraph (d)(2), to read as follows: an electronic medium and the legend Note.The text of Form F–80 does not, and required by paragraph (e)(3)(ii) is § 240.14a±5 Presentation of information in this amendment will not, appear in the Code included, issuers may satisfy the proxy statement. of Federal Regulations. legibility requirement relating to type * * * * * Form F–80 size and font by presenting the legend (d)(1) * * * (2) Where a proxy statement is REGISTRATION STATEMENT UNDER THE in any manner reasonably calculated to SECURITIES ACT OF 1933 draw security holder attention to it. delivered through an electronic medium, issuers may satisfy legibility * * * * * * * * * * requirements applicable to printed PART I 28. By amending § 240.13e–4 by revising paragraph (e)(1)(ii)(A), to read documents, such as type size and font, INFORMATION REQUIRED TO BE as follows: by presenting all required information DELIVERED TO OFFEREES OR in a format readily communicated to PURCHASERS § 240.13e±4 Tender offers by issuers. investors. * * * * * * * * * * * * * * * Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations 24657

32. By amending § 240.14a–7 by distribution of tender offer materials and 39. The authority citations following adding a note at the end of the section, amendments thereto may include all § 270.8b–12 are removed. to read as follows: reasonable charges paid by the subject 40. By amending § 270.8b–12 by company to third parties for supplies or adding paragraph (f) to read as follows: § 240.14a±7 Obligations of registrants to services, including costs attendant to provide a list of, or mail soliciting material preparing shareholder lists, handling the § 270.8b±12 Requirements as to paper, to, security holders. bidder’s materials, and contacting printing and language. * * * * * participants named on security position * * * * * listings, but shall not include indirect costs, Note to § 240.14a–7. Reasonably prompt (f) Where a registration statement or such as employee time which is devoted to methods of distribution to security holders report is distributed through an either contesting or supporting the tender may be used instead of mailing. If an offer on behalf of the subject company. electronic medium, issuers may satisfy alternative distribution method is chosen, the legibility requirements applicable to costs of that method should be considered 36. By amending Schedule 14D–1F printed documents, such as paper size, where necessary rather than the costs of (§ 240.14d–102) by adding a note to Item type size and font, bold–face type, mailing. 2 of Part I, to read as follows: italics and red ink, by presenting all 33. By amending § 240.14c–4 by § 240.14d±102 Schedule 14D±1F. Tender required information in a format readily adding paragraph (d), to read as follows: offer statement pursuant to rule 14d±1(b) communicated to investors, and where indicated, in a manner reasonably § 240.14c±4 Presentation of information in under the Securities Exchange Act of 1934. information statement. * * * * * calculated to draw investor attention to specific information. * * * * * PART I—INFORMATION REQUIRED (d) Where an information statement is TO BE SENT TO SHAREHOLDERS § 270.30d±1 [Amended] delivered through an electronic 41. By amending § 270.30d–1 by medium, issuers may satisfy legibility * * * * * revising the word ‘‘mailed’’ in requirements applicable to printed Item 2. Informational Legends paragraph (c) to read ‘‘transmitted’’, documents, such as type size and font, revising the word ‘‘mailed’’ in the last by presenting all required information * * * * * Note to Item 2. If the home-jurisdiction sentence of paragraph (d)(2) to read in a format readily communicated to document(s) are delivered through an ‘‘transmitted’’, and revising the word investors. electronic medium, the issuer may satisfy the ‘‘mailed’’ in paragraph (e) to read 34. By amending § 240.14c–7 by legibility requirements for the required ‘‘transmitted’’. revising paragraph (c), to read as legends relating to type size and font by follows: presenting the legend in any manner § 270.30d±2 [Amended] reasonably calculated to draw security holder 42. By amending § 270.30d–2 by § 240.14c±7 Providing copies of material attention to it. removing from the first sentence the for certain beneficial owners. * * * * * phrase ‘‘by mail, postage prepaid,’’; and * * * * * 37. By amending Schedule 14D–9F in the second sentence, by revising the (c) A registrant, at its option, may (§ 240.14d–103) by adding a note to Item word ‘‘mailed’’ to read ‘‘transmitted’’ send by mail or other equally prompt 2 of Part I, to read as follows: and by revising the word ‘‘mailing’’ to means, its annual report to security read ‘‘transmitting’’. holders to the beneficial owners whose § 240.14d±103 Schedule 14D±9F. identifying information is provided by Solicitation/recommendation statement PART 239ÐFORMS PRESCRIBED record holders and respondent banks, pursuant to section 14(d)(4) of the UNDER THE SECURITIES ACT OF 1933 pursuant to § 240.14b–1(b)(3) and Securities Exchange Act of 1934 and rules 14d±1(b) and 14e±2(c) thereunder. § 240.14b–2(b)(4) (ii) and (iii), provided PART 274ÐFORMS PRESCRIBED that such registrant notifies the record * * * * * UNDER THE INVESTMENT COMPANY holders and respondent banks at the Part I—Information Required To Be Sent ACT OF 1940 time it makes the inquiry required by to Shareholders 43. The authority citation for Part 274 paragraph (a) of this section that the continues to read as follows: registrant will send the annual report to * * * * * security holders to the beneficial owners Item 2. Informational Legends Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, so identified. 78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24, * * * * * and 80a–29, unless otherwise noted. * * * * * Note to Item 2. If the home jurisdiction 44. By amending Part A, Information 35. By amending § 240.14d–5 by document(s) are delivered through an adding a note at the end of the section, electronic medium, the issuer may satisfy the Required in a Prospectus, Item 1(a)(iii) to read as follows: legibility requirements for the required of Form N–1A (referenced in §§ 239.15A legends relating to type size and font by and 274.11A) by adding a sentence to § 240.14d±5 Dissemination of certain presenting the legend in any manner the end of the parenthetical following tender offers by the use of stockholder lists reasonably calculated to draw security holder paragraph (C) to read as follows: and security position listings. attention to it. [Note: The text of Form N–1A does not and * * * * * * * * * * these amendments will not appear in the Note to § 240.14d–5. Reasonably prompt Code of Federal Regulations.] methods of distribution to security holders PART 270ÐGENERAL RULES AND may be used instead of mailing. If alternative REGULATIONS, INVESTMENT Form N–1A methods are chosen, the approximate direct COMPANY ACT OF 1940 * * * * * costs of distribution shall be computed by adding the estimated direct costs of preparing 38. The authority citation for Part 270 PART A the document for distribution through the continues to read, in part, as follows: INFORMATION REQUIRED IN A chosen medium (including updating of PROSPECTUS shareholder lists) plus the estimated Authority: 15 U.S.C. 80a–1 et seq., 80a–37, reasonable cost of distribution through that 80a–39, unless other otherwise noted; Item 1. Cover Page medium. Direct costs incidental to the * * * * * (a) * * * 24658 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules and Regulations

(iii) * * * information regarding registrants that file Form N–4 (referenced in §§ 239.17b and (C) * * * (* * * If the Registrant intends electronically with the Commission.); 274.11c) by adding a sentence at the end to disseminate its prospectus electronically * * * * * of the parenthetical following paragraph and is an electronic filer, also include the 46. By amending Part A, Information (C) to read as follows: information that the Commission maintains a Required in a Prospectus, Item 1(a)(vi) Web site (http://www.sec.gov) that contains [Note: The text of Form N–4 does not and the Statement of Additional Information, of Form N–3 (referenced in §§ 239.17a these amendments will not appear in the material incorporated by reference, and other and 274.11b) by adding a sentence at the Code of Federal Regulations.] information regarding registrants that file end of the parenthetical following electronically with the Commission.); paragraph (C) to read as follows: Form N–4 * * * * * [Note: The text of Form N–3 does not and * * * * * 45. By amending Part A, Information these amendments will not appear in the Part A Required in a Prospectus, Item 1.1.d of Code of Federal Regulations.] Form N–2 (referenced in §§ 239.14 and INFORMATION REQUIRED IN A Form N–3 PROSPECTUS 274.11a–1) by adding a sentence at the * * * * * end of the parenthetical following Item 1. Cover Page Part A paragraph (C) to read as follows: (a) * * * [Note: The text of Form N–2 does not and INFORMATION REQUIRED IN A (v) * * * these amendments will not appear in the PROSPECTUS (C) * * * (* * * If the Registrant intends Code of Federal Regulations.] Item 1. Cover Page to disseminate its prospectus electronically and is an electronic filer, also include the Form N–2 (a) * * * information that the Commission maintains a (vi) * * * * * * * * Web site (http://www.sec.gov) that contains (C) * * * (* * * If the Registrant the Statement of Additional Information, PART A–INFORMATION REQUIRED IN A intends to disseminate its prospectus PROSPECTUS electronically and is an electronic filer, also material incorporated by reference, and other information regarding registrants that file Item 1. Outside Front Cover include the information that the Commission maintains a Web site (http://www.sec.gov) electronically with the Commission.); 1. * * * that contains the Statement of Additional d. * * * * * * * * Information, material incorporated by (C) * * * (* * * If the Registrant intends By the Commission. reference, and other information regarding to disseminate its prospectus electronically Dated: May 9, 1996. registrants that file electronically with the and is an electronic filer, also include the Commission.); Margaret H. McFarland, information that the Commission maintains a Deputy Secretary. Web site (http://www.sec.gov) that contains * * * * * the Statement of Additional Information, 47. By amending Part A, Information [FR Doc. 96–12177 Filed 5–14–96; 8:45 am] material incorporated by reference, and other Required in a Prospectus, Item 1(a)(v) of BILLING CODE 8010±01±P federal register May 15,1996 Wednesday Memorial DayandPoliceWeek,1996 Proclamation 6895ÐPeaceOfficers Month, 1996 Proclamation 6894ÐOlderAmerican The President Part VII 24659

24661

Federal Register Presidential Documents Vol. 61, No. 95

Wednesday, May 15, 1996

Title 3— Proclamation 6894 of May 13, 1996

The President Older Americans Month, 1996

By the President of the United States of America

A Proclamation America’s high standard of living, advanced health care system, and commit- ment to better nutrition and physical fitness have allowed millions of our citizens the luxury of long and fulfilling lives. Because current estimates indicate that one in six Americans will be 65 or older by the year 2020, our Nation faces new challenges as we seek to address the needs of this growing population of seniors. Fortunately, many of our older Americans—who have already led the way in setting a sound course for our country’s future—are helping us to meet these new challenges as well. Having lived through times of depression and war, peace and prosperity, they have shaped our progress with their achievements. The safety net they created—including Social Security, Medi- care, Medicaid, and the provisions of the Older Americans Act—helps us to honor our debt to senior citizens and ensures that Americans who have worked hard throughout their lives can look forward to a secure retirement. Each year, we set aside the month of May as a special time to pay tribute to older Americans and to affirm our obligation to sustain and improve their quality of life. The theme of this year’s observance, ‘‘Aging: A Lifetime Opportunity,’’ underscores the gifts that older people offer to our country every day. Thanks to senior citizens, our communities are stronger, our Nation is more diverse, and we are better prepared to meet the challenges of the next century. As we celebrate the contributions of all those in their golden years, let us recognize that long life is a gift we must cherish and a responsibility for which we must prepare. With an eye toward the future and with the example of today’s seniors firmly before us, we can prepare for a better tomorrow for ourselves and for the generations of Americans to come. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 1996, as Older Americans Month. I call upon Government officials, businesses, communities, volunteers, educators, and all the people of the United States to acknowledge the contributions made by older Americans this month and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of May, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twentieth.

[FR Doc. 96–12418 œ– Filed 5–14–96; 11:55 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Presidential Documents 24663 Presidential Documents

Proclamation 6895 of May 13, 1996 Peace Officers Memorial Day and Police Week, 1996

By the President of the United States of America

A Proclamation Despite the dangers they face while patrolling our Nation’s cities, neighbor- hoods, and highways, America’s law enforcement officers continue to serve with commitment and distinction every day. They put themselves in harm’s way to safeguard our fellow citizens, and their dedication to the rule of law is essential to maintaining a just and orderly society. Each year, Police Week is a welcome opportunity to recognize the brave men and women of the law enforcement professions, and on Peace Officers Memorial Day we pause to honor those who have given their lives while protecting others. According to recent figures, 161 law enforcement officers were killed in the line of duty during 1995. And let us not forget the law enforcement personnel who died in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19—the single deadliest day in law enforcement history. Since police deaths were first recorded in this country, in 1794, more than 14,000 officers have lost their lives working to keep the peace in our communities. On average, more than 66,000 are assaulted every year, and some 24,000 are injured. To pay tribute to the law enforcement officers who have made the ultimate sacrifice for our country and to voice our appreciation for all those who currently serve on the front lines of the battle against crime, the Congress, by joint resolution approved October 1, 1962 (76 Stat. 676), has authorized and requested the President to designate May 15 of each year as ‘‘Peace Officers Memorial Day,’’ and the week in which it falls as ‘‘Police Week,’’ and by Public Law 103–322 (36 U.S.C. 175) has directed that the flag be flown at half-staff on Peace Officers Memorial Day. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim May 15, 1996, as Peace Officers Memorial Day, and May 12 through May 18, 1996, as Police Week. I call upon the people of the United States to observe these occasions with appropriate ceremonies, activities, and programs. I also request the Governors of the United States and the Commonwealth of Puerto Rico, and the appropriate officials of all units of government, to direct that the flag be flown at half-staff on Peace Officers Memorial Day on all buildings, grounds, and naval vessels throughout the United States and all areas under its jurisdiction and control. In addition, I invite all Americans to display the flag at half- staff from their homes on that day. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of May, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twentieth.

[FR Doc. 96–12419 œ– Filed 5–14–96; 11:54 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 61, No. 95 Wednesday, May 15, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 958...... 20188 Laws 3 CFR 1005...... 19861 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 1007...... 19861 For additional information 523±5227 6889...... 19503 1011...... 19861 6890...... 19803 Presidential Documents 1046...... 19861 6891...... 20419 1160...... 20759 Executive orders and proclamations 523±5227 6892...... 21045 The United States Government Manual 523±5227 6893...... 21047 8 CFR 6894...... 24661 Other Services 3 ...... 19976, 21065, 21228 6895...... 24663 242 ...... 19976, 21065, 21228 Electronic and on-line services (voice) 523±4534 Executive Orders: Privacy Act Compilation 523±3187 13001...... 21943 9 CFR TDD for the hearing impaired 523±5229 Administrative Orders: 78...... 19976 Memorandums: 130...... 20421 ELECTRONIC BULLETIN BOARD April 26, 1996 ...... 19505 Proposed Rules: April 28, 1996 ...... 19507 92 ...... 20189, 20190, 21389 Free Electronic Bulletin Board service for Public Law numbers, 93...... 20190 Federal Register finding aids, and list of documents on public 4 CFR 94...... 20190 inspection. 202±275±0920 Proposed Rules: 95...... 20190 96...... 20190 FAX-ON-DEMAND 21...... 19205 98...... 20190 You may access our Fax-On-Demand service. You only need a fax 5 CFR 301...... 19564 machine and there is no charge for the service except for long Ch. LXIX ...... 20117 304...... 19578 distance telephone charges the user may incur. The list of 300...... 19509 308...... 19578 documents on public inspection and the daily Federal Register’s 410...... 21947 317...... 19564, 19578 table of contents are available using this service. The document 532...... 20701 318...... 19564, 19578 numbers are 7050-Public Inspection list and 7051-Table of 831...... 21953 319...... 19578 Contents list. The public inspection list will be updated 842...... 21953 320...... 19564 immediately for documents filed on an emergency basis. 381...... 19564, 19578 7 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 10 CFR FILE AND NOT THE ACTUAL DOCUMENT. Documents on 28...... 19511 51...... 20702 Proposed Rules: public inspection may be viewed and copied in our office located 26...... 21105 53...... 19155 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 72...... 24249 telephone number is: 301±713±6905 54...... 19155 272...... 19155 11 CFR 273...... 19155 110...... 24533 FEDERAL REGISTER PAGES AND DATES, MAY 301...... 20877 19155±19502...... 1 319...... 24433 12 CFR 19503±19804...... 2 900...... 20717 5...... 19524 915...... 19512 19805±20116...... 3 19...... 20330 916...... 19160 20...... 19524 20117±20418...... 6 917...... 19160 20419±20700...... 7 25...... 21362 946...... 20119 28...... 19524 20701±21046...... 8 956...... 20121 205...... 19662, 19678 21047±21360...... 9 979...... 20718 211...... 24439 21361±21946...... 10 985...... 20122 220...... 20386 21947±24204...... 13 1002...... 20719 228...... 21362 24205±24432...... 14 1004...... 20719 250...... 19805 24433±24664...... 15 1007...... 20124 263...... 20338 1280 ...... 19514, 21049, 21053 308...... 20344 1485...... 24205 345...... 21362 1841...... 21361 509...... 20350 1843...... 21361 563e...... 21362 1845...... 21361 614...... 20125 1903...... 21361 Proposed Rules: 1945...... 21361 207...... 20399 1980...... 21361 215...... 19863 2054...... 21361 220...... 20399 Proposed Rules: 221...... 20399 51...... 24247 911...... 20754 13 CFR 924...... 20756 Proposed Rules: 944...... 20754, 20756 121...... 20191 ii Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Reader Aids

14 CFR 18 CFR 514...... 20437 24...... 19982 21...... 20696 35...... 21940 32...... 19982 24 CFR 25...... 24208, 24213 37...... 21737 96...... 19982 27...... 21904 385...... 21940 0...... 19187 504...... 19982 29...... 21894, 21904 1300...... 20117 201...... 19788 507...... 19982 31...... 20877 Proposed Rules: 290...... 19188 508...... 19982 39 ...... 19540, 19807, 19808, 35...... 21847 941...... 19708 530...... 19982 19809, 19811, 19813, 19815, 161...... 19211 970...... 19708 1601...... 21370 20125, 20127, 20616, 20636, 250...... 19211 Proposed Rules: 1910...... 19547, 21228 20638, 20639, 20641, 20643, 284...... 19211, 19832 206...... 21910 1978...... 19982 20644, 20646, 20668, 20669, 346...... 19878 888...... 20982 2619...... 21228, 24444 20671, 20672, 20674, 20676, 901...... 20358 2676...... 24444 19 CFR 20677, 20679, 20681, 20682, 3500...... 21394 Proposed Rules: 21066, 21068, 21070, 21071, 10...... 19834 Ch. XIV ...... 20768 24206, 24214, 24216, 24218, 103...... 19835 25 CFR 4...... 19770 24220 Proposed Rules: Proposed Rules: 30 CFR 43...... 19498 101...... 19834 250...... 19600 75...... 20877 71 ...... 19541, 19542, 19816, 20 CFR 525...... 21394 19817, 21364, 21365, 21953, Proposed Rules: 24222, 24223 345...... 20070 26 CFR Ch II ...... 21977 73...... 20127 601...... 19982 1 ...... 19188, 19189, 19544, 256...... 24466 91...... 24430 617...... 19982 19546, 21366, 21955 901...... 20768 159...... 19784 626...... 19982 301...... 19189 902...... 20768 658...... 19982 205...... 19164 602...... 19189 904...... 19881, 20768 702...... 19982 323...... 19164 Proposed Rules: 913...... 20768 385...... 19166 21 CFR 1 ...... 20503, 20766, 20767, 914...... 20768 Proposed Rules: 21985, 21988 915...... 20768 5...... 24223 916...... 20768 29...... 20760 101...... 20096, 21074 31...... 20767 39 ...... 20192, 20194, 20762, 32...... 20767 917...... 20768 201...... 20096 918...... 20768 20764, 21146, 21979, 21980, 369...... 20096 35a...... 20767 920...... 20768 21982, 24250 500...... 19542 301...... 20503, 21989 946...... 19885 71 ...... 19590, 19591, 19592, 501...... 20096 950...... 20773 19593, 21910, 21984, 24533 510...... 21075, 24440 27 CFR 91...... 24582 520...... 24441, 24443 1...... 20721 31 CFR 121 ...... 21149, 24582, 24533 522...... 21075, 24440 4...... 20721 127...... 24582 556...... 24440, 24441 7...... 20721 361...... 20437 135...... 24582 558...... 21075, 24443 16...... 20721 33 CFR 582...... 19542 19...... 20721 15 CFR 589...... 19542 20...... 20721 52...... 24233 902...... 19171, 21926 600...... 24227 21...... 20721 100 ...... 19192, 20132, 21959, 981...... 21073 601...... 24227 22...... 20721 21960, 21961, 21962 740...... 20096 24...... 20721, 21076 117...... 24235 Proposed Rules: 165 ...... 19192, 19841, 21963 946...... 19594 801...... 20096 25...... 20721 Proposed Rules: 53...... 20721 401...... 19548 Ch. 1 ...... 21392 55...... 20721 16 CFR 34 CFR 25...... 19476 71...... 20721 1500...... 19818 102...... 19220 170...... 20721 361...... 24390 Proposed Rules: 130...... 19220 178...... 20721 685...... 24446 254...... 19869 131...... 19220 179...... 20721 Proposed Rules: 1210...... 20503 133...... 19220 194...... 20721 100 ...... 20196, 21998, 21999, 135...... 19220 197...... 20721 22001 17 CFR 136...... 19220 200...... 20721 117...... 22002 1...... 19177, 19830 137...... 19220 250...... 20721 154...... 20084 3...... 20127 139...... 19220 251...... 20721 155...... 20084 5...... 19830 145...... 19220 252...... 20721 36 CFR 10...... 21954 146...... 19220 270...... 20721 150...... 19220 31...... 19830 275...... 20721 292...... 20726 152...... 19220 140...... 21954 285...... 20721 1228...... 19552 155...... 19220 200...... 20721, 25652 290...... 20721 Proposed Rules: 156...... 19220 228...... 25652 296...... 20721 7...... 20775 158...... 19220 229...... 25652 100...... 19220 160...... 19220 28 CFR 230...... 21356, 25652 161...... 19220 117...... 19223 231...... 24644 Proposed Rules: 163...... 19220 37 CFR 232...... 25652 164...... 19220 90...... 24526 239...... 25652 165...... 19220 100...... 21396 Proposed Rules: 240...... 21354, 25652 166...... 19220 Ch. II...... 20197, 22004 29 CFR 241...... 24644 168...... 19220 1...... 19224, 20877 249...... 21354 169...... 19220 1...... 19982 38 CFR 270...... 25652 210...... 20104 2...... 19982 271...... 24644 211...... 20104 4...... 19982 2...... 20133, 20437 274...... 25652 328...... 21392 5...... 19982 3...... 20438, 20726 276...... 24644 589...... 24253 6...... 19982 4...... 20438, 20440 Proposed Rules: 7...... 19982 9...... 20134 1...... 19869 22 CFR 8...... 19982 17...... 21964, 24236 156...... 19869 126...... 19841 22...... 19982 19...... 20447 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Reader Aids iii

20...... 20447 45 CFR 836...... 20491 397...... 20496 21...... 20727, 24237 Proposed Rules: 837...... 20491 564...... 20497 1311...... 24467 846...... 20491 571 ...... 19201, 19202, 19560, 39 CFR 871...... 20493 19561, 20170, 20172, 20497 3001...... 24447 46 CFR 904...... 21975 604...... 19562 Proposed Rules: Ch. I ...... 24464 906...... 21975 609...... 19562 233...... 21404 10...... 19858 911...... 21975 1051...... 19859 15...... 19858 912...... 21975 1053...... 19859 40 CFR 114...... 20556 913...... 21975 1164...... 21387 52 ...... 19193, 19555, 20136, 116...... 20556 915...... 21975 1311...... 21387 20139, 20142, 20145, 20147, 117...... 20556 919...... 21975 1312...... 19859 925...... 21975 20453, 20455, 20458, 20730, 118...... 20556 Proposed Rules: 926...... 21975 20732, 24239, 24457 119...... 20556 219...... 21149 933...... 21975 60...... 20734, 21080 120...... 20556 382...... 21149 950...... 21975 63...... 21370 121...... 20556 537...... 22010 952...... 21975 70...... 20150, 24457 122...... 20556 571 ...... 19602, 24263, 24265 970...... 21975 80...... 20736 170...... 20556, 24464 653...... 21149 2401...... 19468 81 ...... 20458, 21372, 24239, 171...... 24464 654...... 21149 2402...... 19468 24242 173...... 20556, 24464 1002...... 20877 2404...... 19468 89...... 20738 175...... 20556 1100...... 19236 2405...... 19468 90...... 20738 176...... 20556 1101...... 19236 2406...... 19468 123...... 20972 177...... 20556 1102...... 19236 2409...... 19468 131...... 20686 178...... 20556 1103...... 19236 2411...... 19468 141...... 24354 179...... 20556 1104...... 19236 2412...... 19468 180 ...... 19842, 19845, 19847, 180...... 20556 1105...... 19236 2413...... 19468 19849, 19850, 19852, 19854, 181...... 20556 1106...... 19236 2414...... 19468 19855, 20742, 20743, 20745, 182...... 20556 1107...... 19236 2415...... 19468 21378 183...... 20556 1108...... 19236 2416...... 19468 300...... 20473 185...... 20556 1109...... 19236 2417...... 19468 355...... 20473 298...... 21302 1110...... 19236 2419...... 19468 421...... 24242 403...... 21081 1111...... 19236 404...... 21081 2420...... 19468 1112...... 19236 Proposed Rules: 2426...... 19468 1113...... 19236 Ch. I ...... 19432 47 CFR 2428...... 19468 1114...... 19236 51...... 19231 3...... 20155 2429...... 19468 1115...... 19236 52 ...... 19233, 19601, 20199, 22...... 21380 2432...... 19468 1116...... 19236 20200, 20201, 20504, 21405, 64...... 20746 2434...... 19468 1117...... 19236 21412, 24467 73 ...... 20490, 20747, 21384, 2436...... 19468 1118...... 19236 61...... 20775 21385, 21973, 24262, 24263, 2437...... 19468 1119...... 19236 63...... 19887, 21414 24465 2442...... 19468 1120...... 19236 70...... 20202 90...... 21380 2452...... 19468 1121...... 19236 80...... 20779 97...... 21385 2453...... 19468 1122...... 19236 81...... 19233, 21415 Proposed Rules: Proposed Rules: 1123...... 19236 89...... 20738 Ch I ...... 22008 Ch 1 ...... 22010 1124...... 19236 90...... 20738 0...... 21151 Ch 2 ...... 22010 1125...... 19236 170...... 19889 1...... 19236, 20505 52...... 24473 1126...... 19236 148...... 21418 2...... 19236 901...... 19891 1127...... 19236 180 ...... 19233, 20780, 20781 15...... 24473 905...... 19891 1128...... 19236 185...... 20780 21...... 19236 906...... 19891 1129...... 19236 186...... 10780, 20781 22...... 24470 908...... 19891 1130...... 19236 261...... 21418 24...... 24470 915...... 19891 1131...... 19236 268...... 21418 73 ...... 19601, 20206, 20207, 916...... 19891 1132...... 19236 271...... 21418 20505, 20789, 21425, 24262, 917...... 19891 1133...... 19236 300 ...... 19889, 20202, 20785, 24263 922...... 19891 1134...... 19236 21422, 22004, 22006, 24261 80...... 21151 928...... 19891 1135...... 19236 41 CFR 94...... 19236 932...... 19891 1136...... 19236 933...... 19891 1137...... 19236 50±203...... 19982 48 CFR 935...... 19891 1138...... 19236 60±1...... 19982 Ch. 1 ...... 24263 936...... 19891 1139...... 19236 60±30...... 19982 231...... 21973 942...... 19891 1140...... 19236 60±250...... 19366, 19982 801...... 20491 945...... 19891 1141...... 19236 60±741...... 19336, 19982 803...... 20491 952...... 19891 1142...... 19236 804...... 20491 42 CFR 971...... 19891 1143...... 19236 805...... 20491 1144...... 19236 405...... 19722 806...... 20491 49 CFR 1145...... 19236 412...... 21969 808...... 20491 18...... 21386 1146...... 19236 486...... 19722 810...... 20491 90...... 21386 1147...... 19236 812...... 20491 107...... 21084 1148...... 19236 43 CFR 813...... 20491 171...... 21084 1149...... 19236 11...... 20560 815...... 20491 172...... 20747 1185...... 22014 816...... 20491 173...... 20747, 21084 1300...... 21153 44 CFR 820...... 20491 174...... 20747 1305...... 24474 61...... 19197 822...... 20491 176...... 20747 1312...... 19902 62...... 24462 828...... 20491 178...... 21084 64...... 19857 833...... 20491 195...... 24244 50 CFR 206...... 19197 834...... 20491 228...... 20494 216...... 21926 iv Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Reader Aids

222...... 21926 253...... 19171 255...... 19171 620...... 20175 661...... 20175 663...... 21102 678...... 21978 672...... 19976, 21104, 675...... 19976 Proposed Rules: 16...... 24267 17...... 19237, 21426 600...... 19390 601...... 19390 602...... 19390 603...... 19390 605...... 19390 611...... 19390 619...... 19390 620...... 19390 621...... 19390 625...... 20506 628...... 20789 641...... 24267 649...... 20207 650...... 20207, 21431 651...... 20207 652...... 19604 672...... 24475 673...... 19902, 21431 675...... 24475 676...... 24475 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Reader Aids v

REMINDERS Liquid Sul-Q-Nox (sodium Potatoes (Irish) grown in-- Exclusion; comments due The rules and proposed rules sulfaquinoxaline solution); Washington; comments due by 5-20-96; published in this list were editorially published 5-15-96 by 5-22-96; published 4- 4-3-96 compiled as an aid to Federal Monensin; published 5-15-96 22-96 Pesticides; tolerances in food, Register users. Inclusion or POSTAL RATE COMMISSION AGRICULTURE animal feeds, and raw exclusion from this list has no agricultural commodities: Practice and procedure: DEPARTMENT legal significance. Forest Service Hexakis (2-methyl-2- Market testing; published 5- phenylpropyl)distannoxane; 15-96 National Forest System timber; comments due by 5-20- RULES GOING INTO SECURITIES AND sale and disposal: 96; published 3-20-96 EFFECT TODAY EXCHANGE COMMISSION Timber sale and Toxic substances: substitution; comments Electronic media; use in Significant new uses-- delivery purposes; published due by 5-20-96; published COMMERCE DEPARTMENT Cyclohexyldiamino ethyl 5-15-96 4-3-96 National Oceanic and esters (substituted); AGRICULTURE Atmospheric Administration TRANSPORTATION comments due by 5-20- DEPARTMENT Fishery conservation and DEPARTMENT 96; published 4-19-96 management: Coast Guard Food Safety and Inspection Service FEDERAL Pacific Coast groundfish; Vessels; small passenger COMMUNICATIONS published 4-15-96 vessel inspection and Meat and poultry inspection: COMMISSION Pacific Coast groundfish; certification Sodium citrate buffered with Practice and procedure: citric acid; use in certain correction; published 4-30- Correction; published 5-15- North American numbering 96 96 cured and uncured whole meat products; comments plan; carrier identification ENVIRONMENTAL TRANSPORTATION due by 5-24-96; published codes expansionÐ PROTECTION AGENCY DEPARTMENT 4-24-96 Transition period Clean Air Act: Federal Aviation extension; comments AGRICULTURE State operating permits Administration due by 5-21-96; DEPARTMENT programs-- Airworthiness directives: published 5-7-96 Nondiscrimination in USDA Massachusetts; published Radio and television Construcciones conducted programs and 5-15-96 broadcasting: Aeronauticas, S.A. activities; comments due by Superfund program: (CASA); published 4-15- 5-23-96; published 4-23-96 Telecommunications Act of National oil and hazardous 96 1996; implementation-- COMMERCE DEPARTMENT substances contingency Lockheed; published 4-15-96 Broadcast facilities; plan-- Export Administration license term extension McDonnell Douglas; Bureau National priorities list published 4-15-96 to 8 years; comments Export licensing: due by 5-20-96; update; published 4-29- Airworthiness standards: 96 Regulations simplification; published 4-23-96 Special conditions-- National priorities list comments due by 5-24- Radio services, special: Turbomeca Model Arriel update; published 4-30- 96; published 3-25-96 Maritime services-- 2S1 turboshaft engine; 96 COMMERCE DEPARTMENT published 4-15-96 Passenger ships, large FEDERAL National Oceanic and cargo and small; radio COMMUNICATIONS TRANSPORTATION Atmospheric Administration installation inspection; DEPARTMENT COMMISSION Fishery conservation and comments due by 5-24- Research and Special Television broadcasting: management: 96; published 5-9-96 Programs Administration Cable Television Consumer Gulf of Alaska groundfish; Radio stations; table of Hazardous materials: Protection and comments due by 5-24- assignments: Competition Act of 1992-- Hazardous materials 96; published 4-24-96 Colorado; comments due by transportation-- Leased commercial Pacific Coast groundfish; 5-21-96; published 4-4-96 access; published 4-15- Ticketing for certain comments due by 5-24- Iowa et al.; comments due 96 transportation violations; 96; published 5-9-96 by 5-21-96; published 4-8- pilot program; published FEDERAL EMERGENCY Western Pacific crustacean; 96 2-26-96 MANAGEMENT AGENCY comments due by 5-23- Kansas; comments due by Flood insurance program: 96; published 4-8-96 5-21-96; published 4-3-96 Allocated loss adjustment COMMENTS DUE NEXT Tuna, Atlantic bluefin fisheries; Mississippi et al.; comments expense fee schedule; WEEK comments due by 5-22-96; due by 5-23-96; published published 5-15-96 published 4-25-96 4-8-96 FEDERAL TRADE AGRICULTURE Whaling provisions; Federal Wyoming; comments due by COMMISSION DEPARTMENT regulatory review; comments 5-23-96; published 4-8-96 Textile Fiber Products Agricultural Marketing due by 5-24-96; published FEDERAL EMERGENCY Identification Act: Service 4-9-96 MANAGEMENT AGENCY Lyocell; generic name Cranberries grown in ENVIRONMENTAL Flood insurance program: application; published 4- Massachusetts et al.; PROTECTION AGENCY Write-your-own program; 15-96 comments due by 5-22-96; Air quality implementation assistance to private HEALTH AND HUMAN published 4-22-96 plans; approval and sector property insurers; SERVICES DEPARTMENT Limes and avocados grown in promulgation; various comments due by 5-20- Food and Drug Florida; comments due by States: 96; published 4-3-96 Administration 5-22-96; published 4-22-96 California; comments due by HEALTH AND HUMAN Animal drugs, feeds, and Milk marketing orders: 5-22-96; published 4-22- SERVICES DEPARTMENT related products: Southwest Plains; comments 96 Food and Drug Gentamicin injection; due by 5-22-96; published Hazardous waste: Administration published 5-15-96 4-22-96 Identification and listing-- Human drugs: vi Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Reader Aids

Labeling policy (OTC); Boiling water reactors-- Fort Myers Beach Offshore Windshield defrosting and interchangeable words in U.S. advanced boiling Grand Prix; comments defogging systems; monograph requirement; water reactor and due by 5-20-96; published Federal regulatory review; comments due by 5-20- system 80+ standard 3-20-96 comments due by 5-23- 96; published 3-4-96 designs; certification Idle Hour South Channel 96; published 4-8-96 approval; comments Challenge; comments due INTERIOR DEPARTMENT Windshield wiping and due by 5-24-96; by 5-20-96; published 4- Fish and Wildlife Service washing systems; Federal published 4-24-96 19-96 Migratory bird hunting: regulatory review; POSTAL SERVICE Provincetown Harbor Swim Natural vegetation in moist comments due by 5-23- for Life; comments due by soil areas, artificial Domestic Mail Manual: 96; published 4-8-96 5-20-96; published 3-20- alteration or manipulation Mail with insufficient postage 96 to attract waterfowl; deposited for delivery; TRANSPORTATION prohibition; comments due treatment; comments due Swim the Bay; comments DEPARTMENT by 5-20-96; published 4-5- due by 5-20-96; published by 5-20-96; published 3- Surface Transportation 96 3-20-96 22-96 Board INTERIOR DEPARTMENT SECURITIES AND TRANSPORTATION EXCHANGE COMMISSION DEPARTMENT Rate procedures: Surface Mining Reclamation Securities: and Enforcement Office Federal Aviation Rail rate reasonableness Accounting policies for Administration Permanent program and and exemption/revocation derivative financial and abandoned mine land Airworthiness directives: proceedings; expedited derivative commodity reclamation plan Aerospace Technologies of procedures; comments instruments; financial submissions: Australia; comments due due by 5-20-96; published statement footnote North Dakota; comments by 5-24-96; published 3- 5-1-96 disclosures requirements; 14-96 due by 5-24-96; published comments due by 5-20- UNITED STATES 4-24-96 AlliedSignal Inc.; comments 96; published 4-16-96 due by 5-21-96; published INFORMATION AGENCY West Virginia; comments Derivative financial, other 3-22-96 due by 5-23-96; published financial, and derivative Exchange visitor program: Fokker; comments due by 4-23-96 commodity instruments; 5-20-96; published 4-10- Program extension safe harbor for disclosure LABOR DEPARTMENT 96 procedures, research of information about Employment and Training General Electric Co.; programs design and Administration inherent market risk; conduct, etc.; comments comments due by 5-20- comments due by 5-24- Aliens: 96; published 3-25-96 due by 5-23-96; published 96; published 4-16-96 4-8-96 Labor certification process Jetstream; comments due for permanent OFFICE OF UNITED STATES TRADE REPRESENTATIVE by 5-24-96; published 3- employment, and 22-96 researchers employed by Trade Representative, Office of United States Jetstream Aircraft Ltd.; LIST OF PUBLIC LAWS colleges and universities; comments due by 5-24- Tariff-rate quota amount comments due by 5-22- 96; published 3-25-96 96; published 4-22-96 determinations: This is a list of public bills McDonnell Douglas; LABOR DEPARTMENT Leaf tobacco; comments from the 104th Congress due by 5-20-96; published comments due by 5-21- which have become Federal Mine Safety and Health 2-20-96 96; published 3-28-96 laws. It may be used in Administration Airworthiness standards: TRANSPORTATION conjunction with ``P L U S'' Education and training: DEPARTMENT Special conditions-- (Public Laws Update Service) Training and retraining of Coast Guard Embraer (Brazil) Aircraft on 202±523±6641. The text of miners; policy review; Anchorage regulations: Corp. model EMB-145 laws is not published in the comments due by 5-24- Federal Register but may be New York; comments due airplane; comments due 96; published 3-20-96 ordered in individual pamphlet by 5-20-96; published 3- by 5-20-96; published form (referred to as ``slip NATIONAL CREDIT UNION 20-96 4-3-96 laws'') from the ADMINISTRATION Ports and waterways safety: Class E airspace; comments Credit unions: due by 5-20-96; published Superintendent of Documents, Lake Erie; safety zone; U.S. Government Printing Management official 4-8-96 comments due by 5-20- Office, Washington, DC 20402 interlocks; comments due Restricted areas; comments 96; published 4-18-96 (phone, 202±512±2470). by 5-24-96; published 3- Regattas and marine parades: due by 5-20-96; published 4-22-96 25-96 Augusta Southern National H.R. 2024/P.L. 104±142 NUCLEAR REGULATORY Drag Boat Races; TRANSPORTATION Mercury-Containing and COMMISSION comments due by 5-20- DEPARTMENT Rechargeable Battery 96; published 4-18-96 National Highway Traffic Nuclear power reactors, Management Act (May 13, Safety Administration standard design Beaufort Water Festival; 1996; 110 Stat. 1329) certifications; and combined comments due by 5-20- Motor vehicle safety licenses; early site permits: 96; published 4-19-96 standards: Last List May 8, 1996