Pages 17433±17624 Vol. 60 4±6±95 No. 66 federal register April 6,1995 Thursday this issue. Lake City,UT,seeannouncementontheinsidecoverof For informationonbriefingsinWashington,DC,andSalt Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 Agricultural Marketing Service NOTICES RULES Agency information collection activities under OMB Potatoes (Irish) grown in— review, 17522 Washington, 17433–17434 Meetings: Spearmint oil produced in Far West, 17434–17436 Science Board task forces, 17523 PROPOSED RULES Almonds grown in California, 17466–17487 Drug Enforcement Administration NOTICES NOTICES Soybean promotion, research, and consumer information: Applications, hearings, determinations, etc.: Producer poll; refund referendum, 17513–17514 Frank’s Corner Pharmacy, 17574–17577 Turk, Ellis, M.D., 17577–17578 Agriculture Department See Agricultural Marketing Service Employment and Training Administration NOTICES NOTICES Agency information collection activities under OMB Grants and cooperative agreements; availability, etc.: review, 17513 Job Training Partnership Act— Dropout prevention, 17578–17585 Alcohol, Tobacco and Firearms Bureau RULES Energy Department Violent Crime Control and Law Enforcement Act; See Federal Energy Regulatory Commission implementation, 17446–17456 NOTICES PROPOSED RULES Environmental statements; availability, etc.: Violent Crime Control and Law Enforcement Act; Savannah River Site, SC— implementation, 17494–17495 Interim management of nuclear materials, 17523–17524 Grants and cooperative agreements; availability, etc.: Antitrust Division Savannah River Site, SC water resources center; pre- NOTICES application conference, 17524 National cooperative research notifications: Petroleum Environmental Research Forum, 17574 Environmental Protection Agency PROPOSED RULES Army Department Air pollution control; new motor vehicles and engines: NOTICES Motor vehicle emissions Federal test procedure revisions, Meetings: 17509–17510 Military Traffic Management Command, 17523 Air programs: Science Board, 17523 Ambient air quality standards, national— Military traffic management: Sulfur oxides (sulfur dioxide), 17509 Tender filing problems; policy, 17618–17619 Toxic substances: Polychlorinated biphenyls (PCBs)— Commerce Department Disposal; hearing, 17510–17511 See Export Administration Bureau See Foreign-Trade Zones Board Executive Office of the President See International Trade Administration See Trade Representative, Office of United States See National Oceanic and Atmospheric Administration Export Administration Bureau Corporation for National and Community Service NOTICES NOTICES Export privileges, actions affecting: Grants and cooperative agreements; availability, etc.: Nandory, Joseph Jeno, 17514 National service leadership training program, 17520– 17522 Federal Aviation Administration RULES Customs Service Airworthiness directives: NOTICES Dornier, 17440–17442 Automation program test; remote location filing, 17605– Lockheed, 17438–17440 17607 Class E airspace, 17442–17443 Country of origin marking: PROPOSED RULES West Bank and Gaza, 17607–17609 Airworthiness directives: General Electric Co., 17487–17489 Defense Department McDonnell Douglas, 17489–17491 See Army Department NOTICES PROPOSED RULES Exemption petitions; summary and disposition, 17603 Personnel: Passenger facility charges; applications, etc.: Former spouse payments from retired pay, 17507–17509 Mammoth Lakes Airport, CA, 17603–17604 IV Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Contents Federal Communications Commission Correction, 17611 NOTICES PROPOSED RULES Agency information collection activities under OMB Medical devices: review, 17529–17531 Gastroenterology-urology devices— Implanted mechanical/hydraulic urinary continence Federal Deposit Insurance Corporation device; premarket approval requirements; NOTICES correction, 17611 Privacy Act: NOTICES Systems of records, 17531–17532 Animal drugs, feeds, and related products: Export applications— Federal Energy Regulatory Commission Deslorelin acetate implant, 17534–17535 NOTICES Biological products: Electric rate and corporate regulation filings: Product and establishment license applications; changes Interstate Power Co. et al., 17524–17525 to be reported, 17535–17538 Environmental statements; availability, etc.: Food additive petitions: Crystal Falls, MI, 17525–17526 Asahi Denka Kogyo K.K., 17538 Southern California Edison Co., 17526 BASF Corp., 17538 Applications, hearings, determinations, etc.: Colorado Interstate Gas Co., 17526 Eastern Shore Natural Gas Co., 17526–17527 Foreign-Trade Zones Board El Paso Natural Gas Co., 17527 NOTICES Florida Gas Transmission Co., 17527 Applications, hearings, determinations, etc.: Niagara Mohawk Power Corp. et al., 17528 California Texas Gas Transmission Corp., 17528–17529 C. Ceronix, Inc.; gaming/recreational machine video monitor manufacturing plant, 17514 Federal Highway Administration NOTICES General Services Administration Environmental statements; notice of intent: NOTICES Dallas County, TX, 17604 Environmental statements; availability, etc.: Federal Maritime Commission Blaine, WA; port of entry, 17534 NOTICES Casualty and nonperformance certificates: Geological Survey Radisson Seven Seas Cruises, Inc., et al., 17532 NOTICES Freight forwarder licenses: Meetings: T.G. International, Inc., et al., 17532 Federal Geographic Data Committee, 17571 Federal Reserve System RULES Health and Human Services Department Membership of State banking institutions (Regulation H): See Food and Drug Administration Loan production offices and ‘‘back office’’ facilities See Health Care Financing Administration establishment; interpretation, 17436–17438 See Health Resources and Services Administration NOTICES See Public Health Service Applications, hearings, determinations, etc.: See Social Security Administration Bank of New York Co. Inc., et al., 17533 NOTICES Blaylock, Gerauld, et al., 17533 Federal claims; interest rates on overdue debts, 17534 Buerge Bancshares, Inc., 17533–17534 Federal Trade Commission Health Care Financing Administration NOTICES PROPOSED RULES Industry guides: Medicare and Medicaid: Incandescent lamps (light bulbs), 17491–17492 Program issuances and coverage decisions; quarterly Trade regulation rules: listing, 17538–17547 Home insulation; labeling and advertising, 17492–17494 Health Resources and Services Administration Financial Management Service NOTICES See Fiscal Service Grants and cooperative agreements; availability, etc.: Maternal and child health services— Fiscal Service Federal set-aside program et al., 17547–17548 NOTICES Surety companies acceptable on Federal bonds: American Reliable Insurance Co., 17609 Housing and Urban Development Department Reliance Insurance Co. of Illinois, 17609 RULES Community development block grants: Food and Drug Administration Project costs and financial requirements; economic RULES development guidelines, 17445–17446 Human drugs: NOTICES Topical otic products (OTC) for prevention of swimmer’s Agency information collection activities under OMB ear, etc.; final monograph review, 17549–17568 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Contents V Indian Affairs Bureau PROPOSED RULES NOTICES Fishery conservation and management: Indian tribes, acknowledgment of existence determinations, Bering Sea and Aleutian Islands groundfish, 17512 etc.: Gulf of Mexico reef fish, 17511–17512 Amonsoquath Tribe of Cherokee, 17615 Cowasuck Band-Abenaki People, 17614 National Park Service Federated Coast Miwok, 17614 NOTICES Katalla-Chilkat Tlingit Tribe of Alaska, 17614 Meetings: Pee Dee Indian Association, Inc., 17614–17615 Manzanar National Historic Site Advisory Commission, Pocasset Wampanoag Indian Tribe, 17615 17572 Native American human remains and associated funerary Interior Department objects: See Geological Survey Nebraska State Historical Society; inventory, 17572– See Indian Affairs Bureau 17573 See Land Management Bureau See National Park Service Nuclear Regulatory Commission See Surface Mining Reclamation and Enforcement Office NOTICES Applications, hearings, determinations, etc.: International Trade Administration Commonwealth Edison Co., 17590–17592 NOTICES Entergy Operations, Inc., 17592–17593 Antidumping: Power Authority of State of New York, 17593–17594 Honey from— China, 17514–17515 Office of United States Trade Representative Uranium from— See Trade Representative, Office of United States Kazakhstan et al., 17515 Countervailing duties: Parole Commission Extruded rubber thread from— NOTICES Malaysia, 17515–17520 Meetings; Sunshine Act, 17610 Trade fair privatization; private sector organization and management of overseas trade fairs, 17622–17624 Pension and Welfare Benefits Administration Applications, hearings, determinations, etc.: NOTICES University of— Employee benefit plans; prohibited transaction exemptions: New Jersey, Rutgers, 17520 Dillon, Read & Co. Inc., et al., 17586–17590 Justice Department Public Health Service See Antitrust Division See Food and Drug Administration See Drug Enforcement Administration See Health Resources and Services Administration See Parole Commission NOTICES RULES Organization, functions, and authority delegations: Organization, functions, and authority delegations: Centers for Disease Control and Prevention, 17548–17549 Deputy Assistant Attorneys General, Civil Division, Health Resources and Services Administration, 17549 17456–17458 NOTICES Pollution control; consent judgments: Securities and Exchange Commission Eagle-Picher Industries, Inc., 17573–17574 NOTICES Fort Morgan, CO, 17574 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 17595–17598 Labor Department Government Securities Clearing Corp., 17598–17600 See Employment and Training Administration Options Clearing Corp., 17600 See Pension and Welfare Benefits Administration Applications, hearings, determinations, etc.: Van Kampen Merritt Equity Opportunity Trust, Series 7, Land Management Bureau et al., 17600–17602 NOTICES Environmental statements; availability, etc.: Small Business Administration Antelope Coal Co., WY; coal lease application, 17569 RULES Jackson District, MS; planning analysis, 17569 Small business investment companies: South Dakota Resource Area, SD, et al., 17569–17570 Accounting standards and financial reporting Realty actions; sales, leases, etc.: requirements, 17438 Utah; correction, 17611 NOTICES Withdrawal and reservation of lands: Disaster loan areas: California, 17570–17571 Pennsylvania, 17602 Colorado, 17571 Social Security Administration National Oceanic and Atmospheric Administration RULES RULES Social Security benefits: Fishery conservation and management: Pensions based on noncovered employment; computing Atlantic mackerel, squid, and butterfish, 17464–17465 benefit amounts, disposing of underpayments, etc., Gulf of Alaska groundfish, 17465 17443–17445 VI Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Contents State Department See Customs Service NOTICES See Fiscal Service Meetings: NOTICES Overseas Schools Advisory Council, 17602 Agency information collection activities under OMB Shipping Coordinating Committee, 17602–17603 review, 17604–17605 Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation Separate Parts In This Issue plan submissions: Iowa, 17458–17464 Part II PROPOSED RULES Department of the Interior, Bureau of Indian Affairs, 17614– Permanent program and abandoned mine land reclamation 17615 plan submissions: Alaska et al., 17495–17498 Part III Arkansas et al., 17498–17501 Department of Defense, Department of the Army, 17618– Colorado et al., 17501–17504 17619 Iowa et al., 17504–17507 Trade Representative, Office of United States Part IV NOTICES International Trade Administration, 17622–17624 Tariff-rate quota amount determinations: Imported sugars, syrups, and molasses for other specified countries and areas, 17595 Reader Aids Additional information, including a list of public laws, Transportation Department telephone numbers, and finding aids, appears in the Reader See Federal Aviation Administration Aids section at the end of this issue. See Federal Highway Administration NOTICES Aviation proceedings: Hearings, etc.— Electronic Bulletin Board Downeast Flying Service, Inc., 17603 Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Treasury Department documents on public inspection is available on 202–275– See Alcohol, Tobacco and Firearms Bureau 1538 or 275–0920. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 7 CFR Proposed Rules: 946...... 17433 641...... 17511 985...... 17434 675...... 17512 Proposed Rules: 981...... 17466 12 CFR 208...... 17436 13 CFR 107...... 17438 14 CFR 39 (2 documents) ...... 17438, 17440 71...... 17442 Proposed Rules: 39 (2 documents) ...... 17487, 17489 16 CFR Proposed Rules: 409...... 17491 460...... 17492 20 CFR 404...... 17443 21 CFR 310...... 17611 Proposed Rules: 876...... 17611 24 CFR 570...... 17445 27 CFR 55...... 17446 72...... 17446 178...... 17446 179...... 17446 Proposed Rules: 55...... 17494 72...... 17494 178...... 17494 179...... 17494 28 CFR 0...... 17456 30 CFR 915...... 17458 Proposed Rules: 902...... 17495 904...... 17498 906...... 17501 915...... 17504 916...... 17504 918...... 17498 925...... 17504 926...... 17495 931...... 17501 934...... 17495 936...... 17498 943...... 17498 944...... 17501 950...... 17495 32 CFR Proposed Rules: 63...... 17507 40 CFR Proposed Rules: 51...... 17509 58...... 17509 86...... 17509 761...... 17510 50 CFR 655...... 17464 672...... 17465 17433 Rules and Regulations Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 This section of the FEDERAL REGISTER Vegetable Division, AMS, USDA, Green- The purpose of the RFA is to fit contains regulatory documents having general Wyatt Federal Building, room 369, 1220 regulatory actions to the scale of applicability and legal effect, most of which Southwest Third Avenue, Portland, OR business subject to such actions in order are keyed to and codified in the Code of 97204, telephone 503–326–2724. that small businesses will not be unduly Federal Regulations, which is published under or disproportionately burdened. 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement Marketing orders issued pursuant to the The Code of Federal Regulations is sold by No. 113 and Order No. 946, both as Act, and the rules issued thereunder, are the Superintendent of Documents. Prices of amended (7 CFR part 946), regulating unique in that they are brought about new books are listed in the first FEDERAL the handling of Irish potatoes grown in through group action of essentially REGISTER issue of each week. Washington. The marketing agreement small entities acting on their own and order are effective under the behalf. Thus, both statutes have small entity orientation and compatibility. DEPARTMENT OF AGRICULTURE Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), There are approximately 450 producers of Washington potatoes under Agricultural Marketing Service hereinafter referred to as the Act. this marketing order, and approximately The Department is issuing this rule in 50 handlers. Small agricultural 7 CFR Part 946 conformance with Executive Order producers have been defined by the 12866. [Docket No. FV95±946±1IFR] Small Business Administration (13 CFR This interim final rule has been 121.601) as those having annual receipts Irish Potatoes Grown in Washington; reviewed under Executive Order 12778, of less than $500,000, and small Expenses and Assessment Rate Civil Justice Reform. Under the agricultural service firms are defined as provisions of the marketing order now AGENCY: Agricultural Marketing Service, those whose annual receipts are less USDA. in effect, Washington potatoes are than $5,000,000. The majority of subject to assessments. It is intended ACTION: Interim final rule with request Washington potato producers and that the assessment rate as issued herein for comments. handlers may be classified as small will be applicable to all assessable entities. SUMMARY: This interim final rule potatoes handled during the 1995–96 The budget of expenses for the 1995– authorizes expenditures and establishes fiscal period, which begins July 1, 1995, 96 fiscal period was prepared by the an assessment rate under Marketing and ends June 30, 1996. This interim State of Washington Potato Committee, Order No. 946 for the 1995–96 fiscal final rule will not preempt any State or the agency responsible for local period. Authorization of this budget local laws, regulations, or policies, administration of the marketing order, enables the State of Washington Potato unless they present an irreconcilable and submitted to the Department for Committee (Committee) to incur conflict with this rule. approval. The members of the expenses that are reasonable and The Act provides that administrative Committee are producers and handlers necessary to administer the program. proceedings must be exhausted before of Washington potatoes. They are Funds to administer this program are parties may file suit in court. Under familiar with the Committee’s needs and derived from assessments on handlers. section 608c(15)(A) of the Act, any with the costs of goods and services in DATES: Effective July 1, 1995, through handler subject to an order may file their local area and are thus in a June 30, 1996. Comments received by with the Secretary a petition stating that position to formulate an appropriate May 8, 1995, will be considered prior to the order, any provision of the order, or budget. The budget was formulated and issuance of a final rule. any obligation imposed in connection discussed in a public meeting. Thus, all ADDRESSES: Interested persons are with the order is not in accordance with directly affected persons have had an invited to submit written comments law and requesting a modification of the opportunity to participate and provide concerning this rule. Comments must be order or to be exempted therefrom. Such input. sent in triplicate to the Docket Clerk, handler is afforded the opportunity for The assessment rate recommended by Fruit and Vegetable Division, AMS, a hearing on the petition. After the the Committee was derived by dividing USDA, P.O. Box 96456, room 2523–S, hearing the Secretary would rule on the anticipated expenses by expected Washington, DC 20090–6456, FAX 202– petition. The Act provides that the shipments of Washington potatoes. 720–5698. Comments should reference district court of the United States in any Because that rate will be applied to the docket number and the date and district in which the handler is an actual shipments, it must be established page number of this issue of the Federal inhabitant, or has his or her principal at a rate that will provide sufficient Register and will be available for public place of business, has jurisdiction in income to pay the Committee’s inspection in the Office of the Docket equity to review the Secretary’s ruling expenses. Clerk during regular business hours. on the petition, provided a bill in equity The Committee met February 22, FOR FURTHER INFORMATION CONTACT: is filed not later than 20 days after the 1995, and unanimously recommended a Martha Sue Clark, Marketing Order date of the entry of the ruling. 1995–96 budget of $42,300, $4,200 more Administration Branch, Fruit and Pursuant to the requirements set forth than the previous year. Budget items for Vegetable Division, AMS, USDA, P.O. in the Regulatory Flexibility Act (RFA), 1995–96 which have increased Box 96456, room 2523–S, Washington, the Administrator of the Agricultural compared to those budgeted for 1994–95 DC 20090–6456, telephone 202–720– Marketing Service (AMS) has (in parentheses) are: Miscellaneous, 9918, or Dennis L. West, Northwest considered the economic impact of the $2,000 ($1,500), audit, $1,500 ($1,000), Marketing Field Office, Fruit and rule on small entities. and compliance audits, $6,000 ($5,200). 17434 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations The Committee also recommended all comments timely received will be maintain stability in the Far West workman’s compensation tax expenses considered prior to finalization of this spearmint oil market. of $400 for which no funding was rule. EFFECTIVE DATE: April 6, 1995; recommended last year and $17,400 for List of Subjects in 7 CFR Part 946 comments received by May 8, 1995 will an agreement with the Washington State be considered prior to issuance of a final Potato Commission to provide certain Marketing agreements, Potatoes, rule. services to the Committee as specified Reporting and recordkeeping in the agreement. Included in the requirements. ADDRESSES: Interested persons are invited to submit written comments $17,400 for this year are salaries and For the reasons set forth in the salary expenses which were budgeted concerning this rule. Comments must be preamble, 7 CFR part 946 is amended as sent in triplicate to the Docket Clerk, separately last year at $11,200 and follows: $1,800 and other expenses which were Fruit and Vegetable Division, AMS, $2,400 for last year. In this year’s PART 946ÐIRISH POTATOES GROWN USDA, room 2525, South Building, P.O. budget, these items are included under IN WASHINGTON Box 96456, Washington, D.C. 20090– the Commission agreement. 6456; Fax: (202) 720–5698. All The Committee also unanimously 1. The authority citation for 7 CFR comments should reference the docket recommended an assessment rate of part 946 continues to read as follows: number and the date and page number $0.003 per hundredweight, $0.002 less Authority: 7 U.S.C. 601–674. of this issue of the Federal Register and than last season. This rate, when will be made available for public 2. A new § 946.247 is added to read applied to anticipated shipments of 9 inspection in the Office of the Docket as follows: million hundredweight, will yield Clerk during regular business hours. $27,000 in assessment income. This, Note: This section will not appear in the FOR FURTHER INFORMATION CONTACT: along with $15,300 from the Code of Federal Regulations. Robert J. Curry, Northwest Marketing Committee’s authorized reserve will be § 946.247 Expenses and assessment rate. Field Office, Marketing Order adequate to cover budgeted expenses. Expenses of $42,300 by the State of Administration Branch, Fruit and Funds in the reserve as of January 31, Washington Potato Committee are Vegetable Division, AMS, USDA, 1220 1995, were $75,025, which is within the authorized, and an assessment rate of SW. Third Avenue, room 369, Portland, maximum permitted by the order of two $0.003 per hundredweight of assessable Oregon 97204–2807; telephone: (503) fiscal periods’ expenses. 326–2724; or Caroline C. Thorpe, While this rule will impose some potatoes is established for the fiscal period ending June 30, 1996. Marketing Order Administration additional costs on handlers, the costs Branch, Fruit and Vegetable Division, are in the form of uniform assessments Unexpended funds may be carried over as a reserve. AMS, USDA, room 2525, South on all handlers. Some of the additional Building, P.O. Box 96456, Washington, costs may be passed on to producers. Dated: March 31, 1995. D.C. 20090–6456; telephone: (202) 720– However, these costs will be offset by Sharon Bomer Lauritsen, 8139. the benefits derived by the operation of Deputy Director, Fruit and Vegetable Division. SUPPLEMENTARY INFORMATION: This rule the marketing order. Therefore, the [FR Doc. 95–8425 Filed 4–5–95; 8:45 am] Administrator of the AMS has is issued under Marketing Order No. BILLING CODE 3410±02±P determined that this rule will not have 985 (7 CFR Part 985), regulating the a significant economic impact on a handling of spearmint oil produced in the Far West (Washington, Idaho, substantial number of small entities. 7 CFR Part 985 After consideration of all relevant Oregon, and designated parts of material presented, including the California, Nevada, Montana, and Utah), [FV95±985±2IFR] information and recommendation hereinafter referred to as the ‘‘order.’’ This order is effective under the submitted by the Committee and other Spearmint Oil Produced in the Far Agricultural Marketing Agreement Act available information, it is hereby found West; Revision of the Salable Quantity of 1937, as amended (7 U.S.C. 601–674), that this rule, as hereinafter set forth, and Allotment Percentage for Class 3 hereinafter referred to as the ‘‘Act.’’ will tend to effectuate the declared (Native) Spearmint Oil for the 1994±95 The Department of Agriculture policy of the Act. Marketing Year Pursuant to 5 U.S.C. 553, it is also (Department) is issuing this rule in found and determined upon good cause AGENCY: Agricultural Marketing Service, conformance with Executive Order that it is impracticable, unnecessary, USDA. 12866. and contrary to the public interest to ACTION: Interim final rule with request This rule has been reviewed under give preliminary notice prior to putting for comments. Executive Order 12778, Civil Justice this rule into effect because: (1) The Reform. Under the provisions of the Committee needs to have sufficient SUMMARY: This interim final rule marketing order now in effect, salable funds to pay its expenses which are increases the quantity of Class 3 (Native) quantities and allotment percentages incurred on a continuous basis; (2) the spearmint oil produced in the Far West may be established for classes of fiscal period begins on July 1, 1995, and that handlers may purchase from, or spearmint oil produced in the Far West. the marketing order requires that the handle for, producers during the 1994– This rule increases the quantity of Class rate of assessment for the fiscal period 95 marketing year. This rule was 3 spearmint oil produced in the Far apply to all assessable potatoes handled recommended by the Spearmint Oil West that may be purchased from or during the fiscal period; (3) handlers are Administrative Committee (Committee), handled for producers by handlers aware of this rule which was the agency responsible for local during the 1994–95 marketing year, unanimously recommended by the administration of the marketing order which ends on May 31, 1995. This rule Committee at a public meeting and is for spearmint oil produced in the Far will not preempt any state or local laws, similar to other budget rules issued in West. The Committee recommended regulations, or policies, unless they past years; and (4) this interim final rule this rule to avoid extreme fluctuations present an irreconcilable conflict with provides a 30-day comment period, and in supplies and prices and thus help to this rule. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17435 The Act provides that administrative Washington, Idaho, and Oregon (part of to 56 percent resulting in a 195,189 proceedings must be exhausted before the area covered by the order). pound increase in the salable quantity. parties may file suit in court. Under Spearmint oil is also produced in the An interim final rule was published section 608c(15)(A) of the Act, any Midwest. The production area covered in the August 26, 1994, Federal Register handler subject to an order may file by the order accounts for approximately (59 FR 44028). Comments on the interim with the Secretary a petition stating that 75 percent of the annual U.S. rule were solicited from interested the order, any provision of the order, or production of spearmint oil. persons until September 26, 1994. No any obligation imposed in connection This rule increases the quantity of comments were received. with the order is not in accordance with Native spearmint oil that handlers may At its October 5, 1994, meeting, the law and request a modification of the purchase from, or handle for, producers Committee recommended that the order or to be exempted therefrom. A during the 1994–95 marketing year, salable quantities for Scotch and Native handler is afforded the opportunity for which ends on May 31, 1995. This rule spearmint oils for the 1994–95 a hearing on the petition. After the increases the salable quantity from marketing year be increased from hearing the Secretary would rule on the 1,287,680 pounds to 1,358,404 pounds 723,326 pounds to 811,516 pounds, and petition. The Act provides that the and the allotment percentage from 66 from 1,092,577 pounds to 1,287,680 district court of the United States in any percent to 70 percent for Native pounds, respectively. Based on a revised district in which the handler is an spearmint oil for the 1994–95 marketing total allotment base of 1,763,795 inhabitant, or has his or her principal year. pounds, the Committee recommended place of business, has jurisdiction in The salable quantity is the total that the allotment percentage for Scotch equity to review the Secretary’s ruling quantity of each class of oil that spearmint oil be increased from 41 on the petition, provided a bill in equity handlers may purchase from, or handle percent to 46 percent, resulting in an is filed not later than 20 days after date for, producers during a marketing year. 88,190 pound increase in the salable of the entry of the ruling. The salable quantity calculated by the quantity. Further, based on the revised Pursuant to requirements set forth in Committee is based on the estimated total allotment base published in the the Regulatory Flexibility Act (RFA), the trade demand. The total salable quantity August 26, 1994, Federal Register (59 Administrator of the Agricultural is divided by the total industry FR 44028), the Committee Marketing Service (AMS) has allotment base to determine an recommended that the allotment considered the economic impact of this allotment percentage. Each producer is percentage for Native spearmint oil be action on small entities. allotted a share of the salable quantity increased from 56 percent to 66 percent, The purpose of the RFA is to fit by applying the allotment percentage to resulting in a 195,103 pound increase in regulatory actions to the scale of the producer’s allotment base for the the salable quantity. business subject to such actions in order applicable class of spearmint oil. An interim final rule amending the The initial salable quantities and that small businesses will not be unduly August 26, 1994, rule was published in allotment percentages for Scotch and or disproportionately burdened. the October 31, 1994, Federal Register Native spearmint oils for the 1994–95 Marketing orders issued pursuant to the (59 FR 54376). Comments on the interim marketing year were recommended by Act, and rules issued thereunder, are rule were solicited from interested the Committee at its October 6, 1993, unique in that they are brought about persons until November 30, 1994. No meeting. The Committee recommended through group action of essentially comments were received. salable quantities of 723,326 pounds small entities acting on their own Accordingly, based upon an analysis and 897,388 pounds, and allotment behalf. Thus, both statutes have small of available information, a final rule entity orientation and compatibility. percentages of 41 percent and 46 finalizing the 1994–95 salable quantities There are eight spearmint oil handlers percent, respectively, for Scotch and and allotment percentages was subject to regulation under the order Native spearmint oils. A proposed rule and approximately 260 producers of was published in the December 21, published in the February 2, 1995, spearmint oil in the regulated 1993, issue of the Federal Register (58 Federal Register (60 FR 6392). production area. Of the 260 producers, FR 67378). Comments on the proposed Pursuant to authority contained in approximately 160 producers hold Class rule were solicited from interested sections 985.50, 985.51, and 985.52 of 1 (Scotch) spearmint oil allotment base, persons until January 20, 1994. No the order, at its February 22, 1995, and approximately 145 producers hold comments were received. Accordingly, meeting, the Committee recommended, Class 3 (Native) spearmint oil allotment based upon analysis of available with one member voting in opposition, base. Small agricultural service firms information, a final rule establishing the that the salable quantity for Native have been defined by the Small salable quantities and allotment spearmint oil for the 1994–95 marketing Business Administration (13 CFR percentages for Scotch and Native year be increased from 1,287,680 121.601) as those having annual receipts spearmint oils for the 1994–95 pounds to 1,358,404 pounds. The of less than $5,000,000, and small marketing year was published in the member voting in opposition favored agricultural producers are defined as March 16, 1994, issue of the Federal the establishment of a lower salable those whose annual receipts are less Register (59 FR 12151). quantity that would have resulted in a than $500,000. A minority of handlers At its June 14, 1994, teleconference lower allotment percentage. Based on and producers of Far West spearmint oil meeting, the Committee recommended the revised total allotment base of may be classified as small entities. that the salable quantity and allotment 1,951,032 pounds, the allotment The Far West spearmint oil industry percentage for Native spearmint oil for percentage for Native spearmint oil is is characterized by producers whose the 1994–95 marketing year be increased from 66 percent to 70 percent, farming operations generally involve increased. The Committee resulting in a 70,724 pound increase in more than one commodity and whose recommended that the Native spearmint the salable quantity. income from farming operations are not oil salable quantity be increased from Native Spearmint Oil Recommendations exclusively dependent on the 897,388 pounds to 1,092,577 pounds, (1) Salable Quantity production of spearmint oil. The U.S. and that the allotment percentage, based October 6, 1993 ...... 897,388 pounds production of spearmint oil is on a revised total allotment base of June 14, 1994...... 1,092,577 pounds concentrated in the Far West, primarily 1,951,032 pounds, be increased from 46 October 5, 1994 ...... 1,287,680 pounds 17436 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations February 22, 1995 ...... 1,358,404 pounds After consideration of all relevant Dated: March 31, 1995. (2) Total Allotment Base matter presented, including that Sharon Bomer Lauritsen, October 6, 1993 ...... 1,950,843 pounds contained in the prior proposed, final, Deputy Director, Fruit and Vegetable Division. June 14, 1994...... 1,951,032 pounds October 5, 1994 ...... 1,951,032 pounds and interim final rules in connection [FR Doc. 95–8426 Filed 4–5–95; 8:45 am] February 22, 1995 ...... 1,951,032 pounds with the establishment of the salable BILLING CODE 3410±02±P (3) Allotment Percentage quantities and allotment percentages for October 6, 1993 ...... 46 percent Scotch and Native spearmint oils for the June 14, 1994...... 56 percent 1994–95 marketing year, the FEDERAL RESERVE SYSTEM October 5, 1994 ...... 66 percent Committee’s recommendation and other February 22, 1995 ...... 70 percent available information, it is found that to 12 CFR Part 208 In making this latest recommendation revise section 985.213 (60 FR 6392) to the Committee considered all available change the salable quantity and [Regulation H; Docket No. R±0873] information on supply and demand. allotment percentage for Native Membership of State Banking As of February 22, 1995, the spearmint oil, as hereinafter set forth, Institutions in the Federal Reserve Committee reports that of the 1994–95 will tend to effectuate the declared System marketing year Scotch and Native policy of the Act. spearmint oil salable quantities of Pursuant to 5 U.S.C. 553, it is also AGENCY: Board of Governors of the 811,516 pounds and 1,287,680 pounds, found and determined upon good cause Federal Reserve System. respectively, 154,375 pounds and that it is impracticable, unnecessary, ACTION: Final rule; interpretation. 70,840 pounds remained available for and contrary to public interest to give handling. Handlers have indicated that preliminary notice prior to putting this SUMMARY: The Board is issuing an the available supply of Scotch rule into effect and that good cause interpretation of the provisions of its spearmint oil is adequate to meet exists for not postponing the effective Regulation H, Membership of State anticipated demand through May 31, date of this rule until 30 days after Banking Institutions in the Federal 1995. However, handlers have indicated publication in the Federal Register Reserve System, concerning the that demand for Native spearmint oil because: (1) This interim final rule establishment of loan production offices may be as high as 100,000 pounds for increases the quantity of Native and ‘‘back office’’ facilities by state the remainder of this marketing year. spearmint oil that may be marketed member banks. The interpretation This level of demand was not immediately; (2) Handlers and provides that a state member bank may anticipated by the Committee when it producers should be apprised as soon as establish a back office facility that is not made its initial recommendation for the possible of the salable quantity and accessible to the public without such a establishment of the Scotch and Native allotment percentage of Native facility being considered to be a branch. spearmint oil salable quantities and spearmint oil contained in this interim The interpretation also provides that allotment percentages for the 1994–95 final rule; and (3) This rule provides a loans originated by a loan production marketing year, nor was it foreseen 30-day comment period and any office may be approved at a back office when the Committee made its June 14 comments received will be considered location, rather than at the main office and October 5, 1994, recommendations prior to finalization of this rule. or a branch of the bank, without the for increasing the Native spearmint oil loan production office being considered salable quantity and allotment List of Subjects in 7 CFR Part 985 to be a branch, if the proceeds of loans percentage. Marketing agreements, Oils and fats, originated by the loan production office The recommended salable quantity of Reporting and recordkeeping are received by customers at locations 1,358,404 pounds of Native spearmint requirements, Spearmint oil. other than a loan production office or oil (an increase of 70,724 pounds), For the reasons set forth in the back office facility. This interpretation combined with the June 1, 1994, carry- preamble, 7 CFR part 985 is amended as is intended to provide parity between in of 19,139 pounds, results in a revised follows: state member banks and national banks 1994–95 available supply of 1,377,543 with respect to the establishment of loan pounds. The revised available supply of PART 985ÐSPEARMINT OIL production offices and back office Native spearmint oil is approximately PRODUCED IN THE FAR WEST facilities. 300,000 pounds higher than the annual EFFECTIVE DATE: April 6, 1995. average of sales for the past five years. 1. The authority citation for 7 CFR FOR FURTHER INFORMATION CONTACT: The Committee anticipates that part 985 continues to read as follows: Lawranne Stewart, Senior Attorney foreseeable demand for Native Authority: 7 U.S.C. 601–674. spearmint oil will be adequately met for (202/452–3513), Legal Division. For the the remainder of the 1994–95 marketing 2. Section 985.213 is amended by hearing impaired only:, year. revising the introductory text and Telecommunications Device for the Deaf The Department, based on its analysis paragraph (b) to read as follows: (‘‘TDD’’), Dorothea Thompson (202/ of available information, has determined Note: This section will not appear in the 452–3544). that an allotment percentage of 70 annual Code of Federal Regulations. SUPPLEMENTARY INFORMATION: In percent should be established for Native connection with the acquisition of a spearmint oil for the 1994–95 marketing § 985.213 Salable quantities and allotment mortgage company by a state member percentagesÐ1994±95 marketing year. year. This percentage will provide an bank, the Board has been asked to increased salable quantity of 1,358,404 The salable quantity and allotment consider two issues with respect to the pounds of Native spearmint oil. percentage for each class of spearmint types of facilities that a state member Based on available information, the oil during the marketing year beginning bank may establish to engage in Administrator of the AMS has on June 1, 1994, shall be as follows: activities related to lending at locations determined that the issuance of this * * * * * that are not approved branches: (1) interim final rule will not have a (b) Class 3 (Native) oil—a salable Whether a state member bank may significant economic impact on a quantity of 1,358,404 pounds and an establish a ‘‘back office’’ facility that is substantial number of small entities. allotment percentage of 70 percent. not accessible to the public without Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17437 such a facility being considered to be a The Board previously had determined interpretation provides greater branch of the bank; and (2) whether a that an office engaged in preliminary or flexibility to state member banks of all loan production office will be servicing functions, such as soliciting sizes in structuring their activities. considered to be a branch of the bank loan applications and assembling credit List of Subjects in 12 CFR Part 208 if it takes loan applications and information, is not lending money and performs related functions, but the loans therefore is not a ‘‘branch’’ for the Accounting, Agriculture, Banks, are approved at locations other than an purposes of the McFadden Act if the Banking, Confidential business approved branch or main office of the loans originated by the office are information, Crime, Currency, Federal bank. Under the Board’s prior approved and the funds disbursed at the Reserve System, Mortgages, Reporting interpretation concerning loan main office or an approved branch of and recordkeeping requirements, production offices, published at 12 CFR the bank.5 Whether a loan production Securities. 250.141, an office that engaged in loan office should be considered to be a For the reasons set forth in the origination activities was not considered branch if loans originated by the office preamble, 12 CFR part 208 is amended to be a branch when the loans were are approved at locations other than the as set forth below: approved and funds disbursed at the main office or a branch of the bank head office or a branch of the bank. therefore depends on whether the PART 208ÐMEMBERSHIP OF STATE ‘‘Back office’’ facilities that are not location where loan approval takes BANKING INSTITUTIONS IN THE accessible to the public were not place enhances the convenience to the FEDERAL RESERVE SYSTEM addressed in the prior interpretation. customer and therefore provides a (REGULATION H) State member banks are subject to the competitive advantage to the bank. Back office facilities that are not 1. The authority citation for part 208 same limitations on branching as continues to read as follows: national banks.1 Under the McFadden accessible to the public are not visited Act, national banks may establish by customers and do not appear to Authority: 12 U.S.C. 36, 248(a), 248(c), branches only at locations at which a provide customers of the bank with any 321–338a, 371d, 461, 481–486, 601, 611, greater level of convenience. From the 1814, 1823(j), 1828(o), 1831o, 1831p–1, 3105, state bank would be permitted to 3310, 3331–3351, and 3906–3909; 15 U.S.C. establish a branch.2 Interpreting the point of view of a customer whose loan has been originated at a loan production 78b, 781(b), 781(g), 781(i), 78o–4(c)(5), 78q, branching restrictions of the McFadden 78q–1, and w; 31 U.S.C. 5318. Act, the Supreme Court has stated that office, there does not appear to be any the purpose of the McFadden Act was difference in the convenience based on 2. In Subpart E, § 208.123 is added in to maintain competitive equality whether the loan is approved at the back numerical order to read as follows: office facility or at a branch of a bank, between national and state banks, and § 208.123 Loan production offices and that the determination as to whether a as it is unlikely that the customer will ``back office'' facilities. facility was a branch must be based on visit either location. Accordingly, the Board has concluded (a) Scope. The Board has considered the convenience of the customer, rather that, insofar as federal law is concerned, two issues: than on the technical or legal a state member bank may establish a (1) Whether a state member bank may relationship between the customer and back office facility without such a establish a ‘‘back office’’ facility that is the bank.3 In later cases addressing facility being considered to be a branch. not accessible to the public and is not automated teller machines, the courts The Board also has determined that visited by customers without such a generally have rejected arguments that loans originated by a loan production facility being considered to be a branch money is lent at the time and place office may be approved at a back office of the bank; and where a loan or line of credit is location, rather than at the main office (2) Whether a loan production office approved, and instead found that money or a branch of the bank, without the will be considered to be a branch of the is lent for the purposes of the McFadden loan production office being considered bank if it takes loan applications and Act when the customer actually receives to be a branch under federal law, if the performs related functions, but the loans the funds and interest begins to run on are approved at locations other than an 4 proceeds of loans originated by the loan the loan. production office are received by the approved branch or main office of the customer at locations other than a loan bank and funds are not disbursed at the 1 Federal Reserve Act, section 9, paragraph 3 (12 loan production office. U.S.C. 321); Regulation H, § 208.9 (12 CFR 208.9). production office or back office facility. 2 12 U.S.C. 36(c). Under the McFadden Act, This interpretation supersedes those (b) Authority. State member banks are ‘‘branch’’ is defined to include ‘‘any branch bank, portions of the Board’s prior subject to the same limitations on branch office, branch agency, additional office, or interpretation, published at 12 CFR branching as national banks. Federal any branch place of business . . . at which deposits Reserve Act, section 9, paragraph 3 (12 are received, or checks are paid, or money lent.’’ 12 250.141, that concern loan production U.S.C. 36(f). offices. U.S.C. 321). Under the McFadden Act 3 First National Bank of Plant City v. Dickinson, (44 Stat. 1228), national banks may 396 U.S. 122 (1969). Administrative Procedures and establish branches within a state only at 4 E.g., IBAA v. Smith, 534 F.2d 921 (D.C. Cir. Regulatory Flexibility Acts locations at which a state bank would be 1976); Colorado ex rel. State Bank Brd. v. First Nat’l The provisions of the Administrative permitted to establish a branch. 12 Bank, 540 F. 2d 497 (10th Cir. 1976); Illinois v. Continental Illinois NT&SA, 409 F. Supp. 1167 Procedures Act concerning notice and U.S.C. 36(c). For the purposes of the (N.D. Ill. 1975), aff’d in relevant part, 536 F.2d 176 comment are not applicable to McFadden Act, ‘‘branch’’ is defined to (7th Cir. 1976), cert. denied, 429 U.S. 871 (1976). interpretative rules. 5 U.S.C. 553(b). include ‘‘any branch bank, branch Only one federal district court case stands in which Because no notice of proposed office, branch agency, additional office, the court concluded that a loan is made at the time that the bank and its customer reach agreement on rulemaking is required, a statement or any branch place of business * ** the terms of the loan, and not at a location where concerning the effects of the rule on at which deposits are received, or only the proceeds of the loan are disbursed. See small entities is also not required under checks are paid, or money lent.’’ 12 Oklahoma ex. rel. State Banking Board v. Utica the Regulatory Flexibility Act. 5 U.S.C. U.S.C. 36(f). Interpreting the branching Nat’l Bank and Trust, 409 F. Supp. 71 (N.D. Okla. 1975). This decision was criticized in each of the 604. The Board notes, however, that the restrictions of the McFadden Act, the appellate court opinions that have addressed this Supreme Court has stated that the issue. 5 12 CFR 250.141 purpose of the McFadden Act was to 17438 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations maintain competitive equality between Board’s prior interpretation, published Therefore, the comment period is national and state banks, and that the at 12 CFR 250.141, as it applies to loan hereby reopened and SBA will accept determination as to whether a facility production offices. comments on the interim final rule until was a branch must be based on the By order of the Board of Governors of the April 30, 1995. convenience of the customer, rather Federal Reserve System, March 31, 1995. Dated: March 31, 1995. than on the technical or legal Barbara R. Lowrey, Philip Lader, relationship between the customer and Associate Secretary of the Board. Administrator. the bank. In later cases addressing [FR Doc. 95–8404 Filed 4–5–95; 8:45 am] automated teller machines, the courts [FR Doc. 95–8475 Filed 4–5–95; 8:45 am] generally have rejected arguments that BILLING CODE 6210±01±P BILLING CODE 8025±01±M money is lent at the time and place where a loan or line of credit is SMALL BUSINESS ADMINISTRATION approved, and instead found that money DEPARTMENT OF TRANSPORTATION is lent for the purposes of the McFadden 13 CFR Part 107 Act when the customer actually receives Federal Aviation Administration the funds and interest begins to run on Small Business Investment the loan. See, e.g., IBAA v. Smith, 534 Companies; Accounting and Financial 14 CFR Part 39 F.2d 921 (D.C. Cir. 1976). Reporting Standards (c) Interpretation. The Board [Docket No. 95±NM±32±AD; Amendment 39±9185; AD 95±06±51] previously had determined that an AGENCY: Small Business Administration. ACTION: Interim final rule; reopening of office engaged in preliminary or Airworthiness Directives; Lockheed comment period. servicing functions is not lending Model L±1011±385 Series Airplanes money and therefore is not a ‘‘branch’’ SUMMARY: On February 7, 1995, the for the purposes of the McFadden Act AGENCY: Federal Aviation Small Business Administration (SBA) if the loans originated by the office are Administration, DOT. published an interim final rule which approved and the funds disbursed at the ACTION updated the standards for accounting : Final rule; request for main office or an approved branch of and financial reporting by Small comments. the bank. See 12 CFR 250.141. Whether Business Investment Companies a loan production office should be SUMMARY: This document publishes in (SBICs), as well as the guidelines for considered to be a branch if loans the Federal Register an amendment independent public accountants originated by the office are approved at adopting Airworthiness Directive (AD) performing audits of SBIC financial locations other than the main office or T95–06–51 that was sent previously to statements. The interim final rule a branch of the bank depends on all known U.S. owners and operators of established a final date for comments to whether the location where loan Lockheed Model L–1011–385 series be submitted to SBA of March 9, 1995. approval takes place enhances the airplanes by individual telegrams. This SBA is reopening that comment period convenience to the customer and AD requires inspection to detect until April 30, 1995. therefore provides a competitive corrosion, severed braided strands, or advantage to the bank. Back office DATES: Written comments must be fuel leakage of the fuel feed line hose facilities that are not accessible to the received on or before April 30, 1995. assembly on engine number two; and public are not visited by customers and ADDRESSES: Written comments should subsequent inspection or replacement of do not appear to provide customers of be sent to Robert D. Stillman, Associate the fuel hose with a serviceable part, if the bank with any greater level of Administrator for Investment, Small necessary. This AD also requires convenience. From the point of view of Business Administration, Suite 6300, treatment of the ends of the fuel hose a customer whose loan has been 409 3rd Street SW., 6th floor, and modification of the heat-shrunk originated at a loan production office, Washington, DC 20416. plastic cover and steel identification there does not appear to be any FOR FURTHER INFORMATION CONTACT: band area. This amendment is prompted difference in the convenience based on Carol Fendler, Office of Program by a report of failure of an aluminum- whether the loan is approved at the back Support; telephone no. (202) 205–7559. braided flexible fuel hose on a Model L– office facility or at a branch of a bank, SUPPLEMENTARY INFORMATION: SBA 1011–385 series airplane due to as it is unlikely that the customer will published an interim final rule on corrosion. The actions specified by this visit either location. Based on this February 7, 1995 (60 FR 7392) which AD are intended to prevent failure of a analysis, the Board has concluded that updated and reorganized the accounting flexible fuel hose, which could result in a state member bank may establish a standards for the SBIC program. The failure of an engine, loss of fuel, and a back office facility without such a purpose of the revisions was to reflect resultant fire. facility being considered to be a branch recent changes in the SBIC program DATES: Effective April 21, 1995, to all for the purposes of the McFadden Act. mandated by the Small Business persons except those persons to whom The Board also has determined that Investment Act of 1958, as amended, as it was made immediately effective by loans originated by a loan production well as changes in generally accepted telegraphic AD T95–06–51, issued office may be approved at a back office accounting principles. March 9, 1995, which contained the location, rather than at the main office The publication of the interim final requirements of this amendment. or a branch of the bank, without the rule took place at a time when many The incorporation by reference of loan production office being considered SBICs were in the midst of preparing certain publications listed in the to be a branch, provided that the their audited year end financial regulations is approved by the Director proceeds of loans originated by the loan statements. Thus, a number of SBICs of the Federal Register as of April 21, production office are received by the and their independent public 1995. customer at locations other than a loan accountants may not have had sufficient Comments for inclusion in the Rules production office or back office facility. time to review the rule and to prepare Docket must be received on or before This interpretation supersedes the and submit comments to SBA. June 6, 1995. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17439 ADDRESSES: Submit comments in band. The cause of this corrosion has compliance with the AD, the owner or triplicate to the Federal Aviation not been determined. operator is required to obtain FAA Administration (FAA), Transport The FAA has reviewed and approved approval for an alternative method of Airplane Directorate, ANM–103, Lockheed Service Bulletin 093–28– compliance with the AD, in accordance Attention: Rules Docket No. 95–NM– A091, dated March 8, 1995, which with the paragraph of each AD that 32–AD, 1601 Lind Avenue, SW., describes procedures for a visual provides for such approvals. A note has Renton, Washington 98055–4056. inspection to detect corrosion, severed been included in this rule to clarify this The applicable service information braided strands, or fuel leakage of the long-standing requirement. fuel feed line hose assembly on engine may be obtained from Lockheed Comments Invited Aeronautical Systems Support Company number two; and inspections to detect (LASSC), Field Support Department, ballooning of the fuel hose, or Although this action is in the form of Dept. 693, Zone 0755, 2251 Lake Park replacement of the fuel hose with a a final rule that involves requirements affecting flight safety and, thus, was not Drive, Smyrna, Georgia 30080. This serviceable part, if necessary. The preceded by notice and an opportunity information may be examined at the service bulletin also describes for public comment, comments are FAA, Transport Airplane Directorate, procedures for treatment of the ends of invited on this rule. Interested persons 1601 Lind Avenue, SW., Renton, the hose, and modification of the heat- are invited to comment on this rule by Washington; or at the FAA, Small shrunk plastic cover and steel submitting such written data, views, or Airplane Directorate, Atlanta Aircraft identification band area. Since the unsafe condition described arguments as they may desire. Certification Office, Campus Building, is likely to exist or develop on other Communications shall identify the 1701 Columbia Avenue, Suite 2–160, airplanes of the same type design, the Rules Docket number and be submitted College Park, Georgia; or at the Office of FAA issued telegraphic AD T95–06–51. in triplicate to the address specified the Federal Register, 800 North Capitol The AD requires an inspection to detect under the caption ADDRESSES. All Street, NW., suite 700, Washington, DC. corrosion, severed braided strands, or communications received on or before FOR FURTHER INFORMATION CONTACT: fuel leakage of the fuel feed line hose the closing date for comments will be Maddie Miguel, Aerospace Engineer, assembly on engine number two; and considered, and this rule may be Propulsion Branch, ACE–115A, FAA, inspections to detect ballooning of the amended in light of the comments Small Airplane Directorate, Atlanta fuel hose, or replacement of the fuel received. Factual information that Aircraft Certification Office, Campus hose with a serviceable part, if supports the commenter’s ideas and Building, 1701 Columbia Avenue, Suite necessary. The AD also requires suggestions is extremely helpful in 2–160, College Park, Georgia 30337– treatment of the ends of the fuel hose; evaluating the effectiveness of the AD 2748; telephone (404) 305–7372; fax and modification of the heat-shrunk action and determining whether (404) 305–7348. plastic cover and steel identification additional rulemaking action would be SUPPLEMENTARY INFORMATION: On March band area. Replacement of the fuel hose needed. 9, 1995, the FAA issued telegraphic AD with a serviceable part, if accomplished, Comments are specifically invited on T95–06–51, which is applicable to terminates the requirements of this AD. the overall regulatory, economic, certain Lockheed Model L–1011–385 The actions are required to be environmental, and energy aspects of series airplanes. That action was accomplished in accordance with the the rule that might suggest a need to prompted by a report of failure of an service bulletin described previously. modify the rule. All comments Since it was found that immediate aluminum-braided flexible fuel hose on submitted will be available, both before corrective action was required, notice a Model L–1011–385 series airplane due and after the closing date for comments, and opportunity for prior public to corrosion. This condition, if not in the Rules Docket for examination by comment thereon were impracticable corrected, could result in failure of an interested persons. A report that and contrary to the public interest, and engine, loss of fuel, and a resultant fire. summarizes each FAA-public contact good cause existed to make the AD concerned with the substance of this AD The FAA received a report of failure effective immediately by individual will be filed in the Rules Docket. of an aluminum-braided flexible fuel telegrams issued on March 9, 1995, to Commenters wishing the FAA to hose located immediately aft of the all known U.S. owners and operators of acknowledge receipt of their comments fuselage rear pressure bulkhead on a Lockheed Model L–1011–385 series submitted in response to this rule must Model L–1011–385 series airplane. airplanes. These conditions still exist, submit a self-addressed, stamped Ground maintenance personnel found a and the AD is hereby published in the postcard on which the following fuel leak when the airplane arrived at Federal Register as an amendment to statement is made: ‘‘Comments to the gate after landing. section 39.13 of the Federal Aviation Docket Number 95–NM–32–AD.’’ The The operator performed a preliminary Regulations (14 CFR 39.13) to make it postcard will be date stamped and investigation of the fuel hose, and effective to all persons. returned to the commenter. discovered that it was about 75 percent As a result of recent communications The regulations adopted herein will severed at a point approximately 7.0 with the Air Transport Association not have substantial direct effects on the inches from the inboard end. Inspection (ATA) of America, the FAA has learned States, on the relationship between the of the aluminum braiding in the area of that, in general, some operators may national government and the States, or the failure revealed that the braided misunderstand the legal effect of AD’s on the distribution of power and strands were corroded and brittle. The on airplanes that are identified in the responsibilities among the various corrosion occurred in an area of the applicability provision of the AD, but levels of government. Therefore, in stainless steel identification band, that have been altered or repaired in the accordance with Executive Order 12612, which has a translucent heat-shrunk area addressed by the AD. The FAA it is determined that this final rule does plastic cover. The operator conducted points out that all airplanes identified in not have sufficient federalism subsequent inspections of its fleet and the applicability provision of an AD are implications to warrant the preparation found two airplanes (out of a fleet of legally subject to the AD. If an airplane of a Federalism Assessment. five airplanes) having corroded braided has been altered or repaired in the The FAA has determined that this material in the area of the identification affected area in such a way as to affect regulation is an emergency regulation 17440 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations that must be issued immediately to alteration, or repair remove any airplane from A091, dated March 8, 1995. This correct an unsafe condition in aircraft, the applicability of this AD. incorporation by reference was approved by and that it is not a ‘‘significant Compliance: Required as indicated, unless the Director of the Federal Register in regulatory action’’ under Executive accomplished previously. accordance with 5 U.S.C. 552(a) and 1 CFR To prevent failure of a flexible fuel hose, part 51. Copies may be obtained from Order 12866. It has been determined Lockheed Aeronautical Systems Support further that this action involves an accomplish the following: (a) Within 100 hours time-in-service or 10 Company (LASSC), Field Support emergency regulation under DOT days after the effective date of this AD, Department, Dept. 693, Zone 0755, 2251 Lake Regulatory Policies and Procedures (44 whichever occurs first: Accomplish the Park Drive, Smyrna, Georgia 30080. Copies FR 11034, February 26, 1979). If it is requirements of paragraphs (a)(1) and (a)(2) may be inspected at the FAA, Transport determined that this emergency of this AD in accordance with Lockheed Airplane Directorate, 1601 Lind Avenue, regulation otherwise would be Service Bulletin 093–28–A091, dated March SW., Renton, Washington; or at the FAA, significant under DOT Regulatory 8, 1995. Small Airplane Directorate, Atlanta Aircraft Policies and Procedures, a final (1) Perform a visual inspection to detect Certification Office, Campus Building, 1701 Columbia Avenue, Suite 2–160, College Park, regulatory evaluation will be prepared corrosion, severed braided strands, or fuel leakage of the fuel feed line hose assembly, Georgia; or at the Office of the Federal and placed in the Rules Docket. A copy part number (P/N) 96715–107 (Lockheed P/ Register, 800 North Capitol Street, NW., suite of it, if filed, may be obtained from the N 740970–107), on engine number two. And 700, Washington, DC. Rules Docket at the location provided (2) Treat the ends of the fuel hose where (i) This amendment becomes effective on under the caption ADDRESSES. the collars are clamped to the braided April 21, 1995, to all persons except those strands, and modify the heat-shrunk plastic persons to whom it was made immediately List of Subjects in 14 CFR Part 39 cover and steel identification band area. effective by telegraphic AD T95–06–51, Air transportation, Aircraft, Aviation (b) If no discrepancy is found during the issued on March 9, 1995, which contained safety, Incorporation by reference, inspection required by paragraph (a) of this the requirements of this amendment. Safety. AD: Following accomplishment of the Issued in Renton, Washington, on March actions required by paragraph (a)(2) of this 27, 1995. AD, no further action is required by this AD. Adoption of the Amendment Darrell M. Pederson, (c) If any corrosion is found during any Accordingly, pursuant to the inspection required by this AD: Prior to Acting Manager, Transport Airplane authority delegated to me by the further flight, accomplish either paragraph Directorate, Aircraft Certification Service. Administrator, the Federal Aviation (c)(1) or (c)(2) of this AD in accordance with [FR Doc. 95–8080 Filed 4–5–95; 8:45 am] Administration amends part 39 of the Lockheed Service Bulletin 093–28–A091, BILLING CODE 4910±13±U Federal Aviation Regulations (14 CFR dated March 8, 1995. part 39) as follows: (1) Replace the fuel hose with a serviceable part. Or 14 CFR Part 39 PART 39ÐAIRWORTHINESS (2) Inspect the fuel hose thereafter on a DIRECTIVES daily basis to detect ballooning of the hose. [Docket No. 95±NM±33±AD; Amendment If any ballooning is found, prior to further 39±9189; AD 95±06±52] 1. The authority citation for part 39 flight, replace the fuel hose with a continues to read as follows: serviceable part. Airworthiness Directives; Dornier (d) If any severed braided strand or any Model 328±100 Series Airplanes Authority: 49 U.S.C. App. 1354(a), 1421 fuel leak is found during any inspection and 1423; 49 U.S.C. 106(g); and 14 CFR required by this AD: Prior to further flight, AGENCY: Federal Aviation 11.89. replace the fuel hose with a serviceable part Administration, DOT. § 39.13 [Amended] in accordance with Lockheed Service ACTION: Final rule; request for Bulletin 093–28–A091, dated March 8, 1995. comments. 2. Section 39.13 is amended by (e) Replacement of the fuel hose assembly adding the following new airworthiness with a fuel hose assembly having P/N SUMMARY: This document publishes in directive: 740970–113 or P/N 96715–107 (Lockheed P/ the Federal Register an amendment N 740970–107) constitutes terminating action 95–06–51 Lockheed Aeronautical Systems adopting Airworthiness Directive (AD) for the requirements of this AD. Company: Amendment 39–9185. Docket T95–06–52 that was sent previously to 95–NM–32–AD. Note 2: The preferred replacement fuel all known U.S. owners and operators of hose assembly is P/N 740970–113. Applicability: Model L–1011–385 series certain Dornier Model 328–100 series airplanes; as listed in Lockheed Service (f) An alternative method of compliance or airplanes by individual telegrams. This Bulletin 093–28–A091, dated March 8, 1995; adjustment of the compliance time that AD requires removal of the bypass certificated in any category. provides an acceptable level of safety may be outlet plates from the lower cowlings of used if approved by the Manager, Atlanta Note 1: This AD applies to each airplane Aircraft Certification Office (ACO), FAA, both engines. This amendment is identified in the preceding applicability Small Airplane Directorate. Operators shall prompted by reports of engine power provision, regardless of whether it has been submit their requests through an appropriate rollback/flameout due to ingestion of ice modified, altered, or repaired in the area FAA Principal Maintenance Inspector, who into an engine. The actions specified by subject to the requirements of this AD. For may add comments and then send it to the airplanes that have been modified, altered, or this AD are intended to prevent Manager, Atlanta ACO. repaired so that the performance of the ingestion of ice into an engine, which requirements of this AD is affected, the Note 3: Information concerning the could result in engine power rollback/ owner/operator must use the authority existence of approved alternative methods of flameout. provided in paragraph (f) to request approval compliance with this AD, if any, may be DATES: Effective April 21, 1995, to all obtained from the Atlanta ACO. from the FAA. This approval may address persons except those persons to whom either no action, if the current configuration (g) Special flight permits may be issued in it was made immediately effective by eliminates the unsafe condition; or different accordance with §§ 21.197 and 21.199 of the actions necessary to address the unsafe Federal Aviation Regulations (14 CFR 21.197 telegraphic AD T95–06–52, issued on condition described in this AD. Such a and 21.199) to operate the airplane to a March 10, 1995, which contained the request should include an assessment of the location where the requirements of this AD requirements of this amendment. effect of the changed configuration on the can be accomplished. The incorporation by reference of unsafe condition addressed by this AD. In no (h) The actions shall be done in accordance certain publications listed in the case does the presence of any modification, with Lockheed Service Bulletin 093–28– regulations is approved by the Director Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17441 of the Federal Register as of April 21, engines reduces the possibility of ice As a result of recent communications 1995. ingestion into the engine. with the Air Transport Association Comments for inclusion in the Rules Ingestion of ice into an engine, if not (ATA) of America, the FAA has learned Docket must be received on or before reduced to an acceptable level, could that, in general, some operators may June 6, 1995. result in engine power rollback/ misunderstand the legal effect of AD’s flameout. on airplanes that are identified in the ADDRESSES: Submit comments in Dornier has issued Service Bulletin triplicate to the Federal Aviation applicability provision of the AD, but SB–328–71–086, dated March 6, 1995, that have been altered or repaired in the Administration (FAA), Transport which describes procedures for removal area addressed by the AD. The FAA Airplane Directorate, ANM–103, of the bypass outlet plates from the points out that all airplanes identified in Attention: Rules Docket No. 95–NM– lower cowlings of both engines. the applicability provision of an AD are 33–AD, 1601 Lind Avenue, SW., Accomplishment of this modification legally subject to the AD. If an airplane Renton, Washington 98055–4056. will increase the bypass ratio of the has been altered or repaired in the The applicable service information engine inlet duct to prevent ingestion of affected area in such a way as to affect may be obtained from Daimler-Benz ice into an engine and possible engine compliance with the AD, the owner or Aerospace, Dornier, P.O. Box 1103, D– flameout. The LBA classified this operator is required to obtain FAA 82230 Wessling, Federal Republic of service bulletin as mandatory and approval for an alternative method of Germany. This information may be issued German airworthiness directive compliance with the AD, in accordance examined at the FAA, Transport 95–156, dated March 8, 1995, in order with the paragraph of each AD that Airplane Directorate, 1601 Lind to assure the continued airworthiness of provides for such approvals. A note has Avenue, SW., Renton, Washington; or at these airplanes in the Federal Republic been included in this rule to clarify this the Office of the Federal Register, 800 of Germany. long-standing requirement. North Capitol Street, NW., suite 700, This airplane model is manufactured Washington, DC. in the Federal Republic of Germany and Comments Invited FOR FURTHER INFORMATION CONTACT: Gary is type certificated for operation in the Although this action is in the form of Lium, Aerospace Engineer, United States under the provisions of a final rule that involves requirements Standardization Branch, ANM–113, section 21.29 of the Federal Aviation affecting flight safety and, thus, was not FAA, Transport Airplane Directorate, Regulations (14 CFR 21.29) and the preceded by notice and an opportunity 1601 Lind Avenue, SW., Renton, applicable bilateral airworthiness for public comment, comments are Washington 98055–4056; telephone agreement. Pursuant to this bilateral invited on this rule. Interested persons (206) 227–1112; fax (206) 227–1320. airworthiness agreement, the LBA has are invited to comment on this rule by kept the FAA informed of the situation submitting such written data, views, or SUPPLEMENTARY INFORMATION: On March described above. The FAA has arguments as they may desire. 10, 1994, the FAA issued telegraphic examined the findings of the LBA, Communications shall identify the AD T95–06–52, which is applicable to reviewed all available information, and Rules Docket number and be submitted certain Dornier Model 328–100 series determined that AD action is necessary in triplicate to the address specified airplanes. for products of this type design that are under the caption ADDRESSES. All That AD was prompted by a report certificated for operation in the United communications received on or before from the Luftfahrt-Bundesamt (LBA), States. the closing date for comments will be which is the airworthiness authority for Since the unsafe condition described considered, and this rule may be the Federal Republic of Germany, which is likely to exist or develop on other amended in light of the comments advised the FAA of four incidents of airplanes of the same type design received. Factual information that engine power rollback/flameout. The registered in the United States, the FAA supports the commenter’s ideas and cause of these incidents is still under issued Telegraphic AD T95–06–52, to suggestions is extremely helpful in investigation; however, the ingestion of require removal of the bypass outlet evaluating the effectiveness of the AD ice into the engine has been identified plates from the lower cowlings of both action and determining whether as a contributing factor. engines. The actions are required to be additional rulemaking action would be Certain Dornier Model 328–100 series accomplished in accordance with the needed. airplanes are equipped with a plate that service bulletin previously described. Comments are specifically invited on partially covers the bypass duct outlet Since it was found that immediate the overall regulatory, economic, port on the lower cowling of the air corrective action was required, notice environmental, and energy aspects of intake for both engines. This plate and opportunity for prior public the rule that might suggest a need to reduces air flow into the bypass duct, comment thereon were impracticable modify the rule. All comments thereby reducing the effectiveness of the and contrary to the public interest, and submitted will be available, both before inertial separator. (The inertial separator good cause existed to make the AD and after the closing date for comments, consists of a sharp bend in the inlet duct effective immediately by individual in the Rules Docket for examination by that leads to the engine, and a bypass telegrams issued on March 10, 1995, to interested persons. A report that duct positioned in a straight line with all known U.S. owners and operators of summarizes each FAA-public contact the air intake ducting. Ice and other certain Dornier Model 328–100 series concerned with the substance of this AD foreign matter is unable to travel around airplanes. These conditions still exist, will be filed in the Rules Docket. the bend in the ducting and thereby and the AD is hereby published in the Commenters wishing the FAA to reach the engine due to the inertia of the Federal Register as an amendment to acknowledge receipt of their comments foreign matter; such matter is swept section 39.13 of the Federal Aviation submitted in response to this rule must overboard through the bypass duct.) Regulations (14 CFR 39.13) to make it submit a self-addressed, stamped Reduced effectiveness of the inertial effective as to all persons. postcard on which the following separator would permit ice ingestion This AD is considered to be interim statement is made: ‘‘Comments to into the engine. The FAA has action until final action is identified, at Docket Number 95–NM–33–AD.’’ The determined that removal of the bypass which time the FAA may consider postcard will be date stamped and outlet plate on the lower cowlings of the further rulemaking. returned to the commenter. 17442 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations The regulations adopted herein will repaired so that the performance of the Issued in Renton, Washington, on March not have substantial direct effects on the requirements of this AD is affected, the 31, 1995. States, on the relationship between the owner/operator must use the authority Darrell M. Pederson, national government and the States, or provided in paragraph (f) to request approval Acting Manager, Transport Airplane on the distribution of power and from the FAA. This approval may address Directorate, Aircraft Certification Service. responsibilities among the various either no action, if the current configuration [FR Doc. 95–8447 Filed 4–5–95; 8:45 am] eliminates the unsafe condition; or different levels of government. Therefore, in BILLING CODE 4910±13±U accordance with Executive Order 12612, actions necessary to address the unsafe it is determined that this final rule does condition described in this AD. Such a not have sufficient federalism request should include an assessment of the 14 CFR Part 71 effect of the changed configuration on the implications to warrant the preparation [Airspace Docket No. 94±ANM±1] of a Federalism Assessment. unsafe condition addressed by this AD. In no The FAA has determined that this case does the presence of any modification, alteration, or repair remove any airplane from Amend Class E Airspace; North Bend, regulation is an emergency regulation OR that must be issued immediately to the applicability of this AD. correct an unsafe condition in aircraft, Compliance: Required as indicated, unless AGENCY: Federal Aviation and that it is not a ‘‘significant accomplished previously. Administration [FAA], DOT. regulatory action’’ under Executive To prevent ingestion of ice into an engine, ACTION: Final rule. Order 12866. It has been determined which could result in engine power rollback/ further that this action involves an flameout, accomplish the following: SUMMARY: This action amends Class E emergency regulation under DOT (a) Prior to further flight into known or airspace at North Bend, Oregon, to Regulatory Policies and Procedures (44 forecast icing conditions, remove the bypass encompass a new Standard Instrument outlet plate having part number (P/N) FR 11034, February 26, 1979). If it is Approach Procedure (SIAP) at North 001A716A2002000 or P/N 001A716E2012000 determined that this emergency Bend Municipal Airport, Oregon. The from the lower cowlings of the engines, in regulation otherwise would be area will be depicted on aeronautical accordance with Dornier Service Bulletin charts for pilot reference. significant under DOT Regulatory SB–328–71–086, dated March 6, 1995. EFFECTIVE DATE: 0901 UTC, May 25, Policies and Procedures, a final (b) An alternative method of compliance or regulatory evaluation will be prepared adjustment of the compliance time that 1995. and placed in the Rules Docket. A copy provides an acceptable level of safety may be FOR FURTHER INFORMATION CONTACT: of it, if filed, may be obtained from the used if approved by the Manager, Ted Melland, System Management Rules Docket at the location provided Standardization Branch, ANM–113, FAA, Branch, ANM–530, Federal Aviation under the caption ADDRESSES. Transport Airplane Directorate. Operators Administration, Docket No. 94–ANM–1, List of Subjects in 14 CFR Part 39 shall submit their requests through an 1601 Lind Avenue SW., Renton, appropriate FAA Principal Maintenance Washington 98055–4056; telephone Air transportation, Aircraft, Aviation Inspector, who may add comments and then number: (206) 227–2536. safety, Incorporation by reference, send it to the Manager, Standardization SUPPLEMENTARY INFORMATION: Safety. Branch, ANM–113. Adoption of the Amendment Note 2: Information concerning the History Accordingly, pursuant to the existence of approved alternative methods of On December 5, 1994, the FAA authority delegated to me by the compliance with this AD, if any, may be proposed to amend part 71 of the Administrator, the Federal Aviation obtained from the Standardization Branch, Federal Aviation Regulations (14 CFR ANM–113. Administration amends part 39 of the part 71) to modify the North Bend, OR, Federal Aviation Regulations (14 CFR (c) Special flight permits may be issued in Class E airspace (59 FR 62361). part 39) as follows: accordance with §§ 21.197 and 21.199 of the Interested parties were invited to Federal Aviation Regulations (14 CFR 21.197 participate in this rulemaking PART 39ÐAIRWORTHINESS and 21.199) to operate the airplane to a proceeding by submitting written DIRECTIVES location where the requirements of this AD comments on the proposal to the FAA. can be accomplished. No comments were received. Class E 1. The authority citation for part 39 (d) The removal shall be done in airspace designations are published in continues to read as follows: accordance with Dornier Service Bulletin paragraphs 6002 and 6005 of FAA Order Authority: 49 U.S.C. App. 1354(a), 1421 SB–328–71–086, dated March 6, 1995. This 7400.9B dated July 18, 1994, and and 1423; 49 U.S.C. 106(g); and 14 CFR incorporation by reference was approved by effective September 16, 1994, which is the Director of the Federal Register in 11.89. incorporated by reference in 14 CFR accordance with 5 U.S.C. 552(a) and 1 CFR 71.1. The Class E designations listed in § 39.13 [Amended] part 51. Copies may be obtained from 2. Section 39.13 is amended by Daimler-Benz Aerospace, Dornier, P.O. Box this document will be published adding the following new airworthiness 1103, D–82230 Wessling, Federal Republic of subsequently in the Order. directive: Germany. Copies may be inspected at the The Rule 95–06–52 Dornier: Amendment 39–9189. FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at This amendment to part 71 of the Docket 95–NM–33–AD. Federal Aviation Regulations (14 CFR Applicability: Model 328–100 series the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, part 71) amends the North Bend, OR, airplanes, serial numbers 3005 through 3033 Class E airspace by enlarging portions of inclusive, certificated in any category. DC. (e) This amendment becomes effective on the class E airspace to encompass new Note 1: This AD applies to each airplane instrument procedures for aircraft identified in the preceding applicability April 21, 1995, to all persons except those provision, regardless of whether it has been persons to whom it was made immediately operations within controlled airspace. modified, altered, or repaired in the area effective by telegraphic AD T95–06–52, The FAA has determined that this subject to the requirements of this AD. For issued on March 10, 1995, which contained regulation only involves an established airplanes that have been modified, altered, or the requirements of this amendment. body of technical regulations for which Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17443 frequent and routine amendments are Paragraph 6005 Class E airspace areas earnings from self-employment are not necessary to keep them operationally extending upward from 700 feet or more applicable after an individual attains current. It, therefore—(1) is not a above the surface of the earth age 70. Additionally, we are revising our ‘‘significant regulatory action’’ under * * * * * rules on underpayments to clarify a Executive Order 12866; (2) is not a ANM OR E5 North Bend, OR [Revised] misleading cross-reference. Finally, we ‘‘significant rule’’ under DOT are updating the list of countries to North Bend VORTAC Regulatory Policies and Procedures (44 (Lat. 43°24′56′′ N, long. 124°10′06′′ W) which benefit payments are withheld FR 11034; February 26, 1979); and (3) because of Treasury Department That airspace extending upward from 700 does not warrant preparation of a feet above the surface within an 8-mile radius restrictions. regulatory evaluation as the anticipated of the North Bend VORTAC from the 142° DATES: These regulations are effective impact is so minimal. Since this is a radial CW to the 352° radial, and within a 14- April 6, 1995. routine matter that will only affect air mile radius of the VORTAC from the 352° FOR FURTHER INFORMATION CONTACT: traffic procedures and air navigation, it radial CW to the 142° radial, and within 2.7 Jack Schanberger, Legal Assistant, 3–B– ° is certified that this rule will not have miles north of the North Bend VORTAC 268 1 Operations Building, 6401 Security a significant economic impact on a radial extending from the 8-mile radius to 11 Boulevard, Baltimore, MD 21235, (410) miles west of the VORTAC, and within 1.8 substantial number of small entities 965–8471 for information about these under the criteria of the Regulatory miles south and 5.7 miles north of the VORTAC 241° radial extending from the 8- rules. For information on eligibility or Flexibility Act. mile radius to 14.8 miles southwest; that claiming benefits, call our national toll- List of Subjects in 14 CFR Part 71 airspace extending upward from 1,200 feet free number 1–800–772–1213. above the surface within a 19.2-mile radius SUPPLEMENTARY INFORMATION: Section Airspace, Incorporation by reference, of the North Bend VORTAC extending 215(a)(7) of the Social Security Act (the Navigation (air). clockwise from the west edge of V–27 south Act) requires us to use a modified of the VORTAC, to the west edge of V–287 formula for computing the primary Adoption of the Amendment north of the VORTAC, and within 2.2 miles southeast and 10.1 miles northwest of the insurance amount (the basic benefit In consideration of the foregoing, the North Bend VORTAC 241° radial, extending amount) of an individual’s old-age or Federal Aviation Administration from the VORTAC to 22.2 miles southwest. disability insurance benefit if the amends 14 CFR part 71 as follows: * * * * * individual first becomes eligible after Issued in Seattle, Washington, on March 1985 for such a benefit and for a PART 71Ð[AMENDED] 17, 1995. monthly periodic payment based on Richard E. Prang, noncovered employment. The modified 1. The authority citation for part 71 Acting Manager, Air Traffic Division, formula applies to individuals who are continues to read as follows: Northwest Mountain Region. concurrently entitled to such a monthly Authority: 49 U.S.C. app. 1348(a), 1354(a), [FR Doc. 95–8507 Filed 4–5–95; 8:45 am] periodic payment and to old-age or 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– disability benefits under title II of the BILLING CODE 4910±13±M 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Act. It results in a lower primary 11.69. insurance amount than would have been computed if the monthly periodic § 71.1 [Amended] DEPARTMENT OF HEALTH AND payment had not been considered. HUMAN SERVICES 2. The incorporation by reference in However, neither the Act nor our 14 CFR 71.1 of the Federal Aviation Social Security Administration regulations at 20 CFR 404.213 define the Administration Order 7400.9B, Airspace phrase ‘‘first becomes eligible.’’ Designations and Reporting Points, 20 CFR Part 404 In defining ‘‘first becomes eligible,’’ dated July 18, 1994, and effective we have identified two interpretations September 16, 1994, is amended as RIN 0960±AD72 which pertain to the date creditable follows: Computing Benefit Amounts, service is acquired. One interpretation is that an individual first becomes eligible Paragraph 6002 Class E airspace area Disposing of Underpayments, when he or she has currently acquired designated as a surface area for an airport Resolving Overpayments, and Payment Restriction enough service to qualify for a pension. * * * * * The other interpretation is that an ANM OR E2 North Bend, OR [Revised] AGENCY: Social Security Administration, individual first becomes eligible when North Bend Municipal Airport, OR HHS. he or she has acquired enough service (lat. 43°25′02′′ N, long. 124°14′46′′ W) ACTION: Final rules. to qualify for a pension, regardless of North Bend VORTAC when the service was acquired. (lat. 43°24′56′′ N, long. 124°10′06′′ W) SUMMARY: We are revising our rules on We recently became aware that some Empire, LOM/NDB computation of benefits to define the individuals have purchased credit for (lat. 43°23′41′′ N, long. 124°18′37′′ W) term ‘‘first becomes eligible’’ as it relates prior service, e.g., military service, Within a 4.2-mile radius of the North Bend to a pension based on noncovered which could affect their eligibility date Municipal Aiport, and within 1.8 miles each employment. We are also revising the and allow them to become eligible ° side of the North Bend VORTAC 044 radial computation rules to provide that we before 1986 for a monthly pension based extending from the 4.2-mile radius to 5.7 will consider all government service on noncovered employment. Such an miles northeast of the VORTAC, and within 3.7 miles each side of the North Bend used by a pension-paying agency when individual would thus be excluded from VORTAC 092° radial extending from the 4.2- we determine whether an individual the modified computation because he or mile radius to 7.5 miles east of the VORTAC, first became eligible before 1986 for a she first became eligible for the monthly and within 2.7 miles each side of the 241° pension based on noncovered pension before 1986. There is no bearing from the Empire LOM/NDB employment. Further, we are also restriction in the Act which precludes extending from the 4.2-mile radius to 6.1 revising our rule on determining fault using purchased credit to establish miles southwest of the LOM/NDB. regarding overpayments to state that eligibility before 1986 for a monthly * * * * * benefit deductions because of net pension based on noncovered 17444 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations employment and we see no reason not Paragraph (l) of that section explains requirements subject to Office of to consider purchased credits when that the overpaid individual may be Management and Budget clearance. deciding whether the modified ‘‘without fault’’ in causing the (Catalog of Federal Domestic Assistance computation applies. overpayment if he or she reasonably Program Nos. 93.802 Social Security— We have adopted the interpretation believed that net earnings from self- Disability Insurance; 93.803 Social that we will consider all applicable employment after attaining age 72 in a Security—Retirement Insurance; 93.805 service used by the pension-paying taxable year would not be cause for Social Security—Survivors Insurance). agency, regardless of when the service deductions from benefits for months in List of Subjects in 20 CFR Part 404 was acquired. Under this interpretation, the year of attaining age 72 that are an individual ‘‘first become eligible’’ for before the month of attainment. For Administrative practice and a monthly periodic payment for the first months after 1982, the age at which procedure; Blind; Disability benefits, month (including a past month) that the social security beneficiaries are no Old-Age, Survivors, and Disability individual meets all the requirements longer subject to an earnings test has Insurance; Reporting and recordkeeping for the payment except stopping work or been reduced from age 72 to age 70. requirements; Social Security. applying for the payment. We are, This reduction from age 72 to 70 is Dated: February 1, 1995. therefore, amending § 404.213(a) to based on section 302 of Pub. L. 95–216 Shirley S. Chater, include the definition of ‘‘first becomes (the Social Security Amendments of Commissioner of Social Security. eligible’’ and our policy on applicable 1977) which became effective for Approved: March 30, 1995. service. months after December 1982, as Regarding underpayments, the current provided in section 2204 of Pub. L. 97– Donna E. Shalala, § 404.503(b), which reflects section 35 (the Omnibus Budget Reconciliation Secretary of Health and Human Services. 204(d) of the Act, provides that if an Act of 1981). We are, therefore, revising For the reasons set out in the individual dies before receiving a title II § 404.510(l) to change age 72 to age 70 preamble, we are amending subparts C, benefit payment, the underpayment so for months after December 1982. E, and F of part 404 of 20 CFR chapter created is payable to a person or persons Our final amendment in these III as follows: in an order of priority as specified in regulations is to delete Albania and the that section. Paragraph (3) of German Democratic Republic from the PART 404ÐFEDERAL OLD-AGE, § 404.503(b) provides that if there is no list in § 404.460 of countries to which SURVIVORS AND DISABILITY one higher in the order of priority, the the Department of the Treasury will not INSURANCE (1950± ) underpayment may be paid to the send benefit checks. On November 7, ‘‘parent or parents of the deceased 1991, the Department of the Treasury 1. The authority citation for subpart C individual (as defined in § 404.374) removed the German Democratic of part 404 continues to read as follows: entitled to a monthly benefit on the Republic from the Withheld Check List Authority: Secs. 202(a), 205(a), 215, and basis of the same earnings record as was set out in 31 CFR 211.1 by publishing 1102 of the Social Security Act; 42 U.S.C. the deceased individual’’ in the month final rules in the Federal Register at 56 402(a), 405(a), 415, and 1302. of death. Under paragraph (6) of FR 56931. On September 30, 1992, the 2. Section 404.213 is amended by § 404.503(b), if there is no one higher in Department removed Albania from the adding two sentences after the first the order of priority, the underpayment list by publishing final rules in the sentence of paragraph (a)(3) to read as may be paid to the ‘‘parent or parents Federal Register at 57 FR 44998. follows: of the deceased individual (as defined On July 20, 1994, we published in § 404.374) who do not qualify under proposed rules in the Federal Register § 404.213 Computation where you are paragraph (b)(3).’’ at 59 FR 37000 with a 60-day comment eligible for a pension based on your Section 404.374 defines ‘‘parent’’ as period. We received no comments on noncovered employment. the natural, adoptive, or stepparent of those proposed rules. We are, therefore, (a) * * * an insured person and is based on the publishing the proposed rules (3) * * * statutory requirements for eligibility for essentially unchanged as final rules. We consider you to first become benefits as the parent of an insured eligible for a monthly pension in the worker. However, these stringent Regulatory Procedures first month for which you met all criteria are not required for purposes of Executive Order No. 12866 requirements for the pension except that you were working or had not yet receiving an underpayment. Section We have consulted with the Office of 204(d) (3) and (6) of the Act require only applied. In determining whether you are Management and Budget (OMB) and eligible for a pension before 1986, we that the individual be the parent of the determined that these rules do not meet deceased underpaid beneficiary. The consider all applicable service used by the criteria for a significant regulatory the pension-paying agency. * ** cross reference to § 404.374 in action under E.O. 12866. Thus, they § 404.503(b) (3) and (6) results in an were not subject to OMB review. * * * * * unduly restrictive definition of a parent 3. The authority citation for subpart E who is eligible for an underpayment. Regulatory Flexibility Act of part 404 continues to read as follows: We are, therefore, revising § 404.503(b) We certify that these final rules will Authority: Secs. 202, 203, 204 (a) and (e), (3) and (6) so that for purposes of not have a significant economic impact 205 (a) and (c), 222(b), 223(e), 224, 227, and eligibility for an underpayment, the on a substantial number of small entities 1102 of the Social Security Act; 42 U.S.C. definition of ‘‘parent’’ in § 404.374 is since these rules affect only individuals. 402, 403, 404 (a) and (e), 405 (a) and (c), extended to a parent of any deceased Therefore, a regulatory flexibility 422(b), 423(e), 424, 427, and 1302. individual who was entitled to social analysis as provided in Pub. L. 96–354, 4. Section 404.460 is amended by security benefits. the Regulatory Flexibility Act, is not revising the list of countries in Regarding overpayments, we are required. paragraph (c)(3) to read as follows: amending § 404.510, which lists the situations where an individual may be Paperwork Reduction Act § 404.460 Nonpayment of monthly benefits considered to be ‘‘without fault’’ for These final rules impose no of aliens outside the United States. accepting an incorrect benefit payment. additional reporting or recordkeeping * * * * * Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17445 (c) * * * DEPARTMENT OF HOUSING AND § 570.200 [Amended] (3) * * * URBAN DEVELOPMENT 2. In § 570.200, paragraph (f)(2) is amended by removing the word Cuba Office of the Assistant Secretary for ‘‘subrecipients’’, and by adding in its Democratic Kampuchea (formerly Community Planning and place the word ‘‘entities’’. Cambodia) Development 3. Section 570.208 is amended by North Korea revising paragraph (a)(1)(v), to read as Vietnam 24 CFR Part 570 follows: * * * * * [Docket No. R±95±1729; FR±3474±F±03] § 570.208 Criteria for national objectives. 5. The authority citation for subpart F (a) * * * of part 404 continues to read as follows: RIN 2506±AB53 (1) * * * Authority: Secs. 204(a)–(d), 205(a), and Community Development Block Grant (v) Activities meeting the 1102 of the Social Security Act; 31 U.S.C. Program Economic Development requirements of paragraph (d)(5)(i) of 3720A; 42 U.S.C. 404(a)–(d), 405(a), and this section may be considered to 1302. Guidelines; Final Rule and Guidelines; Technical Amendments qualify under this paragraph, provided 6. Section 404.503 is amended by that the area covered by the strategy is revising paragraphs (b)(3) and (b)(6) to AGENCY: Office of the Assistant either a Federally-designated read as follows: Secretary for Community Planning and Empowerment Zone or Enterprise Development, HUD. Community or primarily residential and § 404.503 Underpayments. ACTION: Final rule and guidelines; contains a percentage of low- and * * * * * technical amendments. moderate-income residents that is no (b) * * * less than the percentage computed by SUMMARY: The Department published in (3) The parent or parents of the HUD pursuant to paragraph (a)(1)(ii) of the Federal Register, a final rule and deceased individual, entitled to a this section or 70 percent, whichever is guidelines that established guidelines to monthly benefit on the basis of the same less, but in no event less than 51 assist Community Development Block earnings record as was the deceased percent. Activities meeting the Grant (CDBG) recipients in evaluating individual for the month in which such requirements of paragraph (d)(6)(i) of and selecting economic development individual died (if more than one such this section may also be considered to activities for assistance with CDBG parent, in equal shares to each such qualify under paragraph (a)(1) of this funds. The purpose of this document is parent). For this purpose, the definition section. to make certain clarifying technical of ‘‘parent’’ in § 404.374 includes the * * * * * amendments to that final rule. parent(s) of any deceased individual § 570.208 [Amended] who was entitled to benefits under title EFFECTIVE DATE: February 6, 1995. 4. In § 570.208, paragraph (a)(4)(vi)(B) II of the Act. FOR FURTHER INFORMATION CONTACT: is amended by removing the phrase ‘‘a * * * * * James R. Broughman, Director, Office of Block Grant Assistance, Room 7286, 451 subrecipient’’, and by adding in its (6) The parent or parents of the Seventh Street, SW., Washington, DC place the phrase ‘‘an entity’’. deceased individual, who do not qualify 20410. Telephone: (202) 708–3587; 5. In § 570.208, paragraph under paragraph (b)(3) of this section (if TDD: (202) 708–2565. (These are not (a)(4)(vi)(F)(2) is amended by removing more than one such parent, in equal toll-free numbers). the cross-reference to ‘‘paragraph shares to each such parent). For this (a)(4)(v)(C)(1) of this section’’, and by purpose, the definition of ‘‘parent’’ in SUPPLEMENTARY INFORMATION: adding in its place the cross-reference to § 404.374 includes the parent(s) of any List of Subjects in 24 CFR Part 570 ‘‘paragraph (a)(4)(vi)(F)(1) of this deceased individual who was entitled to section’’. benefits under title II of the Act. Administrative practice and § 570.209 [Amended] * * * * * procedure, American Samoa, Community development block grants, 7. Section 404.510 is amended by 6. In § 570.209, paragraph (b) Grant programs—education, Grant revising paragraph (l) to read as follows: introductory text is amended by programs—housing and community removing the cross-reference to § 404.510 When an individual is ``without development, Guam, Indians, Lead ‘‘§ 570.208(a)(4)(vi)(D)(2)’’, and by fault'' in a deduction overpayment. poisoning, Loan programs—housing and adding in its place the cross-reference to * * * * * community development, Low and ‘‘§ 570.208(a)(4)(vi)(F)(2)’’. moderate income housing, New (l) Reasonable belief, with respect to § 570.483 [Amended] earnings activity for months after communities, Northern Mariana Islands, 7. In § 570.483, paragraph (b)(4)(vi)(B) December 1982, that net earnings from Pacific Islands Trust Territory, Pockets is amended by removing the phrase ‘‘a self-employment after attainment of age of poverty, Puerto Rico, Reporting and subrecipient’’, and by adding in its 70 (age 72 for months after December recordkeeping requirements, Small cities, Student aid, Virgin Islands. place the phrase ‘‘an entity’’. 1972 and before January 1983) in the 8. In § 570.483, paragraph taxable year in which such age was Accordingly, 24 CFR part 570 is amended as follows: (b)(4)(vi)(F)(2) is amended by removing attained would not cause deductions the cross-reference to ‘‘paragraph (see § 404.430(a)) with respect to (b)(4)(iii)(C)(1) of this section’’, and by benefits payable for months in that PART 570ÐCOMMUNITY DEVELOPMENT BLOCK GRANTS adding in its place the cross-reference to taxable year prior to the attainment of ‘‘paragraph (b)(4)(vi)(F)(1) of this such age. 1. The authority citation for 24 CFR section’’. * * * * * part 570 continues to read as follows: 9. Section 570.500 is amended by: [FR Doc. 95–8399 Filed 4–5–95; 8:45 am] Authority: 42 U.S.C. 3535(d) and 5300– a. Amending paragraph (a)(4)(ii) by BILLING CODE 4190±29±M 5320. removing the period from the end of the 17446 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations fourth sentence that begins with trace information, and possession of Federal and State law. The law also ‘‘Amounts generated by activities firearms by persons subject to requires that the serial number of any financed with loans’’, and by adding in restraining orders. The temporary rule semiautomatic assault weapon its place a comma and a phrase to the will remain in effect until superseded manufactured after September 13, 1994, end of the fourth sentence; and by final regulations. clearly show that the weapon was b. Amending paragraph (c) by In the Proposed Rules section of this manufactured after that date. removing the period from the end of the Federal Register, ATF is also issuing a Rather than requiring manufacturers second sentence that begins with ‘‘The notice of proposed rulemaking inviting and importers to specify the actual date term excludes’’, and by adding in its comments on the temporary rule for a that such weapons were made, the place a comma and a phrase to the end 90-day period following the publication temporary regulations provide that of the second sentence, to read as date of this temporary rule. semiautomatic assault weapons follows: EFFECTIVE DATES: The temporary manufactured after September 13, 1994, regulations are effective on April 6, must be marked ‘‘RESTRICTED LAW § 570.500 Definitions. 1995, except for the provisions in ENFORCEMENT/GOVERNMENT USE (a) * * * § 178.92 (a)(2), (c)(i)(ii)(B) and (c)(i)(iii), ONLY.’’ This marking clearly provides (4) * * * which will be effective on July 5, 1995. notice that these weapons may only be (ii) * * * , except that the use of such ADDRESSES: Send written comments to: lawfully possessed by government funds shall be limited to activities that Chief, Regulations Branch; Bureau of agencies and law enforcement are located in a revitalization strategy Alcohol, Tobacco and Firearms; personnel. As with other firearms, area and implement a HUD approved Washington, DC 20091–0221. variances from the marking area revitalization strategy pursuant to FOR FURTHER INFORMATION CONTACT: requirements may be requested. The § 91.215(e) of this title. * * * James P. Ficaretta, Regulations Branch, Director may authorize other means of * * * * * Bureau of Alcohol, Tobacco and identification of the licensed (c) * * * , unless the grantee Firearms, 650 Massachusetts Avenue manufacturer or importer upon receipt explicitly designates it as a subrecipient. NW., Washington, DC 20226 (202–927– of a letter application, in duplicate, *** 8230). showing that such other identification is Dated: March 30, 1995. reasonable and will not hinder the SUPPLEMENTARY INFORMATION: Andrew M. Cuomo, effective administration of the Background regulations. Assistant Secretary for Community Planning The temporary regulations permit and Development. On September 13, 1994, Public Law manufacturers and dealers in [FR Doc. 95–8439 Filed 4–5–95; 8:45 am] 103–322 (108 Stat. 1796) was enacted, semiautomatic assault weapons to BILLING CODE 4210±29±P amending the Gun Control Act of 1968 stockpile such weapons for future sales (GCA), as amended (18 U.S.C. Chapter to law enforcement agencies and law 44), and Title XI of the Organized Crime enforcement officers. Manufacturers of DEPARTMENT OF THE TREASURY Control Act of 1970, as amended (18 semiautomatic assault weapons, U.S.C. Chapter 40). The provisions of manufactured after September 13, 1994, Bureau of Alcohol, Tobacco and Public Law 103–322, the Violent Crime will be permitted to transfer such Firearms Control and Law Enforcement Act of weapons to any FFL upon obtaining 1994 (hereafter, ‘‘the Act’’), became 27 CFR Parts 55, 72, 178, and 179 evidence that the weapons will only be effective upon the date of enactment. disposed of to law enforcement agencies [T.D. ATF±363; 94F±022P] Some of the new statutory provisions and law enforcement officers. Examples and the regulation changes necessitated RIN 1512±AB35 of acceptable evidence are provided in by the law are as follows: the regulations. In the case of Implementation of Public Law 103±322, (1) Restriction on Manufacture, semiautomatic assault weapons the Violent Crime Control and Law Transfer, and Possession of Certain imported after September 13, 1994, the Enforcement Act of 1994 Semiautomatic Assault Weapons. This existing controls on the importation of amendment to the GCA prohibits the nonsporting weapons would continue to AGENCY: Bureau of Alcohol, Tobacco manufacture, transfer, and possession of be imposed on importers of and Firearms (ATF), Department of the semiautomatic assault weapons, with semiautomatic assault weapons. Thus, Treasury. certain exceptions. The amendment applications to import such weapons ACTION: Temporary rule (Treasury bans 19 weapons by name, as well as would be approved only if the importer decision). any copies or duplicates of such submits a purchase order from a firearms, and semiautomatic rifles, governmental entity. SUMMARY: This temporary rule semiautomatic pistols, and The regulations will permit licensed implements the provisions of Public semiautomatic shotguns which have 2 dealers to possess semiautomatic assault Law 103–322, the Violent Crime Control or more of the features specified in the weapons for sale to law enforcement and Law Enforcement Act of 1994. law. The amendment ‘‘grandfathers’’ all agencies and law enforcement officers These regulations implement the law by semiautomatic assault weapons lawfully for official use. Dealers must retain restricting the manufacture, transfer, possessed on the date of enactment, i.e., evidence that their inventory of and possession of certain semiautomatic September 13, 1994. Thus, weapons is for sale to law enforcement assault weapons and large capacity semiautomatic assault weapons held in agencies and law enforcement officers. ammunition feeding devices. inventory by Federal firearms licensees Dealers are required to retain records of Regulations are also prescribed with (FFLs) on that date can continue to be disposition indicating that the weapons regard to reports of theft or loss of possessed and transferred. Nonlicensed were sold only to law enforcement firearms from a licensee’s inventory or individuals in lawful possession of such agencies and law enforcement officers. collection, new requirements for Federal weapons on the date of enactment may When any licensed manufacturer, firearms licensing, responses by also continue to possess and transfer the importer, or dealer transfers a firearms licensees to requests for gun weapons in accordance with applicable semiautomatic assault weapon to a law Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17447 enforcement officer, the regulations number. Thus, the fact that these local law. Further, the applicant must require that the licensee obtain written devices are marked with a serial number certify that the chief law enforcement statements, under penalty of perjury, indicates that they were produced or officer (CLEO) of the locality in which from the purchasing officer and a imported after the effective date of the the premises are located has been supervisory officer, stating that the ban. Additionally, domestically made notified that the applicant intends to weapon is for use in official duties and large capacity ammunition feeding apply for a Federal firearms license. is not being acquired for resale. The devices must be marked with the name This provision has necessitated an purpose of these statements is to and address of the manufacturer, and amendment of the existing regulations prevent the introduction of imported large capacity ammunition regarding licensees who move their semiautomatic assault weapons into feeding devices must be marked with business to a new location during the commercial channels. the name of the manufacturer, country term of an existing license. The (2) Ban of Large Capacity of origin, and the name and address of regulations require a licensee, 30 days Ammunition Feeding Devices. This the importer. Further, large capacity prior to such move, to file an amendment to the GCA makes it ammunition feeding devices application for amended license with unlawful to transfer or possess large manufactured or imported after the Chief, Firearms and Explosives capacity ammunition feeding devices. September 13, 1994, must be marked Licensing Center. The purpose of the Exceptions are provided for devices ‘‘RESTRICTED LAW ENFORCEMENT/ application is to ensure that the firearms lawfully possessed on the date of GOVERNMENT USE ONLY.’’ This business at the new location will enactment and devices manufactured marking clearly provides notice that the comply with State and local law. The and sold to governmental entities. The magazines may only be lawfully application also requires applicants for Act defines a large capacity ammunition possessed by government agencies and an amended license to notify the CLEO feeding device as a magazine, belt, feed law enforcement personnel. The in the locality where the new premises strip or similar device manufactured regulations also provide that are located of the intent to apply for an after the date of enactment that has a manufacturers and importers of metallic amended license. capacity of, or can be readily restored or links for use in the assembly of belted The regulations have also been converted to accept more than 10 ammunition are only required to place amended to require the certificate of rounds of ammunition. The definition the identification marks on the compliance with State and local law to does not include an attached tubular containers used for the packaging of the be executed upon license renewal. This device designed to accept and capable links. Finally, the regulations provide is necessary due to changes which may of operating only with .22 caliber that the Director may authorize other have occurred in State and local law rimfire ammunition. The regulations means of identification of the during the 3 year term of the license. also specifically exempt fixed manufacturer or importer under certain (5) Action on Firearms License magazines for manually operated circumstances. Application. The Act amended the GCA firearms and firearms listed in the The regulations permit persons who to extend the period allowed for ATF to Appendix to 18 U.S.C. 922 from the manufacture, import, and deal in large process Federal firearms license definition of ‘‘large capacity capacity ammunition feeding devices to applications from 45 to 60 days. Section ammunition feeding device.’’ This stockpile such devices for future sales to 178.47 (c) and (d) of the regulations has exemption is based on the fact that law enforcement agencies and law been amended to reflect this change. manually operated firearms and enforcement officers for official use. The (6) Inspection of Firearms Licensees’ firearms listed in the Appendix are regulations provide that possession and Inventory and Records. The Act specifically exempted from the transfer of such devices by these amended section 923(g) of the GCA prohibitions applicable to persons will be presumed to be lawful relating to inspection of Federal semiautomatic assault weapons. Unless if such persons maintain evidence firearms licensees’ records and the assault weapon exemptions apply to establishing that the devices are inventory by ATF. Prior to amendment, the fixed magazines for these weapons, possessed and transferred for sale to law the inventory and records of a licensee the Act would effectively ban firearms enforcement agencies and law could only be examined once a year for expressly exempted from the assault enforcement officers. ensuring compliance with GCA weapon provisions. Accordingly, ATF (3) Firearms Licensure and recordkeeping requirements. The interprets the definition of ‘‘large Registration to Require a Photograph amendment retains the annual capacity ammunition feeding device’’ as and Fingerprints. The Act amended the inspection and also permits an FFL’s being inapplicable to fixed magazines GCA and the National Firearms Act records and inventory to be inspected or for manually operated firearms and (NFA) to require individual applicants examined at any time with respect to a firearms listed in the Appendix to 18 for Federal firearms licenses and NFA firearm involved in a criminal U.S.C. 922. special (occupational) tax stamps to investigation that is traced to the The law also provides that large provide a photograph and a set of licensee. Conforming changes have been capacity ammunition feeding devices fingerprints along with the application. made to the regulations in § 178.23(b)(2) manufactured after September 13, 1994, Conforming changes to the regulations to implement this requirement. shall be identified by a serial number have been made in §§ 178.44(a) and (7) Reports of Theft or Loss of which clearly shows that the device was 179.34(e) to implement these Firearms. The Act amends the GCA to manufactured or imported after that requirements. require FFLs to report any theft or loss date and such other markings as the (4) Compliance with State and Local of firearms from the licensee’s inventory Director may prescribe. The temporary Law as a Condition to Licensure. The or collection to ATF and to the regulations provide that a manufacturer Act amended the licensing standards of appropriate local authorities. The report or importer may use the same serial the GCA to require that an applicant for must be made, both orally and in number for all large capacity a Federal firearms license certify that writing, within 48 hours after the theft ammunition feeding devices produced the firearms business to be conducted or loss is discovered. FFLs must also or imported. Prior to enactment of the under the license is not prohibited by retain a copy of the written report as Act, ammunition feeding devices were State and local law, and will in fact be part of their permanent records for 5 generally not marked with a serial conducted in compliance with State and years. Conforming changes have been 17448 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations made to the regulations in §§ 178.39a (11) Summary Destruction of T.D. ATF–361, published in the Federal and 178.129(b) to implement this Explosives Subject to Forfeiture. The Register on February 27, 1995 (60 FR requirement. Act amends the Federal explosives laws 10782). to provide for the immediate destruction (8) Responses to Requests for Miscellaneous Information. The Act amends the GCA of seized explosives materials by ATF to require FFLs to respond orally or in where it is impractical or unsafe to ATF is amending § 178.127 to reflect writing, as the Director may require, to remove or store the explosives. The the new address of the ATF Out-of- firearms trace requests from ATF no regulations incorporate by reference Business Records Center located in later than 24 hours after receipt of the ATF’s existing procedures for seizure Falling Waters, West Virginia. The request. In addition, the law requires and forfeiture of property seized for regulation is also being amended to that the Director implement a system violation of the law. provide that where a licensed business whereby the licensee can positively (12) Prohibition Against Transactions is discontinued and succeeded by a new identify and establish that an individual Involving Stolen Firearms or licensee, the licensee’s records may be requesting information via telephone is Ammunition Which Have Moved in delivered to either the successor or to employed and authorized by ATF to Interstate or Foreign Commerce. The Act ATF. request such information. The amends the GCA to make a technical In addition, ATF is making a regulations, § 178.25a, provide that the amendment to section 922(j), relating to technical amendment to § 178.45 to requested information shall be given stolen firearms, to make it unlawful to clarify that ATF Form 7CR is the correct orally to an ATF officer at the National possess stolen firearms. Prior to form to file with ATF when a person Tracing Center. Verification of the amendment this provision made it desires to obtain a license as a collector identity and employment of National unlawful to receive, conceal, store, of curios or relics under the GCA. barter, sell, or dispose of stolen firearms, Tracing Center personnel requesting Executive Order 12866 information may be established at the but did not prohibit possession. time the requested information is Language was also added to clarify the It has been determined that this provided by telephoning the toll free interstate commerce element of the temporary rule is not a significant number 1–800–788–7132 or using the statute. Conforming amendments to the regulatory action as defined in E.O. toll free facsimile (FAX) number 1–800– regulations are prescribed in § 178.33. 12866, because the economic effects (13) Receipt of Firearms by 578–7223. flow directly from the underlying Nonresident. The Act amends the GCA statute and not from this temporary rule. (9) Prohibition Against Disposal of to provide that it is unlawful for any Therefore, a regulatory assessment is not Firearms to, or Receipt of Firearms by, person, other than an FFL, who does not required. Persons Who Are Subject to Restraining reside in any State to receive firearms Orders. The Act amends the GCA to unless such receipt is for lawful Administrative Procedure Act expand the list of persons who may not sporting purposes. Conforming Because this document merely lawfully receive or possess firearms to amendments to the regulations are implements the law and because include persons who are subject to a prescribed in § 178.29a. immediate guidance is necessary to court order that restrains such person (14) Disposing of Explosives to implement the provisions of the law, it from harassing, stalking, or threatening Prohibited Persons. The Act amends the is found to be impracticable to issue this an ‘‘intimate partner’’ or child of such Federal explosives laws to make it Treasury decision with notice and intimate partner of the person. It is unlawful for any person to sell or public procedure under 5 U.S.C. 553(b), unlawful for persons who are subject to otherwise dispose of explosives to or subject to the effective date limitation such orders to receive or possess felons and other prohibited persons. in section 553(d). firearms and it is unlawful for any Prior to amendment this provision person to sell or dispose of firearms to prohibited such dispositions by Regulatory Flexibility Act such persons, knowing or having licensees only. Conforming amendments The provisions of the Regulatory reasonable cause to believe such to the regulations are prescribed in Flexibility Act relating to an initial and persons are subject to such an order. § 55.26(c). final regulatory flexibility analysis (5 The term ‘‘intimate partner’’ is defined (15) Definition of Armor Piercing U.S.C. 604) are not applicable to this as a spouse, former spouse, an Ammunition. The definition of ‘‘armor temporary rule because the agency was individual who is a parent of a child of piercing ammunition’’ in the GCA has not required to publish a notice of the person or an individual who been amended by the Act to include full proposed rulemaking under 5 U.S.C. cohabitates or has cohabitated with the jacketed projectiles larger than .22 553 or any other law. Accordingly, a person. Conforming changes have been caliber designed and intended for use in regulatory flexibility analysis is not made to the regulations in §§ 178.11, a handgun and whose jacket has a required. 178.32(a)(8), (d)(8), and 178.99(c)(8) to weight of more than 25 percent of the implement this provision of the law. total weight of the projectile. Paperwork Reduction Act (10) Possession of Explosives by Conforming amendments to the This regulation is being issued Felons and Others. The Act amends the regulations are prescribed in § 178.11. without prior notice and public Federal explosives laws to make it (16) Exemption From Brady procedure pursuant to the unlawful for felons and certain other Background Check Requirement of Administrative Procedure Act (5 U.S.C. prohibited persons to possess Return of Handgun to Owner. The Act 553). For this reason, the collections of explosives. Prior to amendment, the law amends the GCA to exempt transactions information contained in this regulation prohibited shipment, transportation, involving the return of a handgun to the have been reviewed and, pending and receipt of explosives by prohibited person from whom it was received from receipt and evaluation of public persons, but did not prohibit the waiting period and background comments, approved by the Office of possession. Conforming changes have check requirements imposed by the Management and Budget (OMB) under been made to the regulations in Brady Handgun Violence Prevention control number 1512–0526. The § 55.26(b) to implement this provision Act. Regulations implementing this estimated average annual burden of the law. provision of the Act were published in associated with the collection of Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17449 information in this regulation is 2.52 PART 55ÐCOMMERCE IN Par. 4. Section 55.166 is amended by hours per respondent or recordkeeper. EXPLOSIVES adding a sentence at the end of the Other collections of information section to read as follows: Paragraph 1. The authority citation contained in this temporary rule have for 27 CFR Part 55 continues to read as § 55.166 Seizure or forfeiture. been approved under control numbers: follows: * * * (See § 72.27 of this title for 1512–0017, 1512–0018, and 1512–0019 regulations on summary destruction of (§ 178.119); 1512–0522 and 1512–0523 Authority: 18 U.S.C. 847. explosive materials which are (§ 178.47); 1512–0524 (§ 178.39a); and Par. 2. Section 55.1(a) is revised to impracticable or unsafe to remove to a read as follows: 1512–0525 (§ 178.52). place of storage.) For further information concerning § 55.1 Scope of regulations. PART 72ÐDISPOSITION OF SEIZED the collections of information, and (a) In general. The regulations PERSONAL PROPERTY where to submit comments on the contained in this part relate to collections of information and the commerce in explosives and implement Par. 5. The authority citation for 27 accuracy of the estimated burden, and Title XI, Regulation of Explosives (18 CFR Part 72 continues to read as suggestions for reducing this burden, U.S.C. Chapter 40; 84 Stat. 952), of the follows: refer to the preamble to the cross- Organized Crime Control Act of 1970 Authority: 18 U.S.C. 921, 1261; 19 U.S.C. referenced notice of proposed (84 Stat. 922), and Pub. L. 103–322 (108 1607, 1610, 1612, 1613, 1618; 26 U.S.C. 7101, rulemaking published elsewhere in this Stat. 1796). 7322–7325, 7326, 7805; 31 U.S.C. 9301, 9303, issue of the Federal Register. * * * * * 9304, 9306; 40 U.S.C. 304(k); 49 U.S.C. 784, 788. Drafting Information Par. 3. Section 55.26 is amended by revising the title of the section, by Par. 6. Section 72.21(c) is revised to The author of this document is James revising paragraph (b), and by adding read as follows: P. Ficaretta, Regulations Branch, Bureau paragraph (c) to read as follows: § 72.21 Personal property and carriers of Alcohol, Tobacco and Firearms. § 55.26 Prohibited shipment, subject to seizure. List of Subjects transportation, receipt, possession, or * * * * * distribution of explosive materials. (c) Upon acquittal of the owner or Part 55 * * * * * possessor, or the dismissal of the (b) No person may ship or transport criminal charges against such person Administrative practice and any explosive material in interstate or other than upon motion of the procedure, Authority delegations, foreign commerce or receive or possess Government prior to trial, or lapse of or Customs duties and inspection, any explosive materials which have court termination of the restraining Explosives, Hazardous materials, been shipped or transported in order to which such person is subject, Imports, Penalties, Reporting and interstate or foreign commerce who: firearms or ammunition seized or recordkeeping requirements, Safety, (1) Is under indictment or information relinquished under 18 U.S.C. Chapter 44 Security measures, Seizures and for, or who has been convicted in any shall be returned forthwith to the owner forfeitures, Transportation, and court of, a crime punishable by or possessor or to a person delegated by Warehouses. imprisonment for a term exceeding one the owner or possessor unless the return year, of the firearms or ammunition would Part 72 (2) Is a fugitive from justice, place the owner or possessor or his Administrative practice and (3) Is an unlawful user of or addicted delegate in violation of law. procedure, Authority delegations, to marijuana, or any depressant or Par. 7. Section 72.27 is added to Seizures and forfeitures, and Surety stimulant drug, or narcotic drug (as Subpart C to read as follows: bonds. these terms are defined in the Controlled Substances Act; 21 U.S.C. § 72.27 Summary destruction of explosives subject to forfeiture. Part 178 802), or (4) Has been adjudicated as a mental (a) Notwithstanding the provisions of Administrative practice and defective or has been committed to a § 55.166 of this Title, in the case of the procedure, Arms and ammunition, mental institution. seizure of any explosive materials for Authority delegations, Customs duties (c) No person shall knowingly any offense for which the materials and inspection, Exports, Imports, distribute explosive materials to any would be subject to forfeiture in which Military personnel, Penalties, Reporting individual who: it would be impracticable or unsafe to requirements, Research, Seizures and (1) Is under twenty-one years of age, remove the materials to a place of forfeitures, and Transportation. (2) Is under indictment or information storage or would be unsafe to store for, or who has been convicted in any them, the seizing officer may destroy the Part 179 court of, a crime punishable by explosive materials forthwith. Any destruction under this paragraph shall Administrative practice and imprisonment for a term exceeding one be in the presence of at least 1 credible procedure, Arms and munitions, year, (3) Is a fugitive from justice, witness. Authority delegations, Customs duties (4) Is an unlawful user of or addicted (b) Within 60 days after any and inspection, Exports, Imports, to marijuana, or any depressant or destruction made pursuant to paragraph Military personnel, Penalties, Reporting stimulant drug, or narcotic drug (as (a) of this section, the owner of the requirements, Research, Seizures and these terms are defined in the property and any other persons having forfeitures, and Transportation. Controlled Substances Act; 21 U.S.C. an interest in the property so destroyed Authority and Issuance 802), or may make application to the Director for (5) Has been adjudicated as a mental reimbursement of the value of the 27 CFR parts 55, 72, 178, and 179 are defective or has been committed to a property in accordance with the amended as follows: mental institution. instructions contained in ATF 17450 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations Publication 1850.1 (9–93), Information by Federal or State environmental or (b) A semiautomatic rifle that has an to Claimants. ATF P 1850.1 is available game regulations for hunting purposes, ability to accept a detachable magazine at no cost upon request from the ATF frangible projectiles designed for target and has at least 2 of— Distribution Center, P.O. Box 5950, shooting, projectiles which the Director (1) A folding or telescoping stock, Springfield, Virginia 22150–5950. The finds are primarily intended to be used (2) A pistol grip that protrudes Director shall make an allowance to the for sporting purposes, or any other conspicuously beneath the action of the claimant not exceeding the value of the projectiles or projectile cores which the weapon, property destroyed, if the claimant Director finds are intended to be used (3) A bayonet mount, establishes to the satisfaction of the for industrial purposes, including (4) A flash suppressor or threaded Director that— charges used in oil and gas well barrel designed to accommodate a flash (1) The property has not been used or perforating devices. suppressor, and involved in a violation of law; or * * * * * (5) A grenade launcher; (2) Any unlawful involvement or use Intimate partner. With respect to a (c) A semiautomatic pistol that has an of the property was without the person, the spouse of the person, a ability to accept a detachable magazine claimant’s knowledge, consent, or former spouse of the person, an and has at least 2 of— willful blindness. individual who is a parent of a child of (1) An ammunition magazine that the person, and an individual who attaches to the pistol outside of the PART 178ÐCOMMERCE IN FIREARMS cohabitates or has cohabitated with the pistol grip, AND AMMUNITION person. (2) A threaded barrel capable of Par. 8. The authority citation for 27 Large capacity ammunition feeding accepting a barrel extender, flash CFR Part 178 continues to read as device. A magazine, belt, drum, feed suppressor, forward handgrip, or follows: strip, or similar device for a firearm silencer, manufactured after September 13, 1994, (3) A shroud that is attached to, or Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, that has a capacity of, or that can be 921–930; 44 U.S.C. 3504(h). partially or completely encircles, the readily restored or converted to accept, barrel and that permits the shooter to Par. 9. Section 178.1(a) is revised to more than 10 rounds of ammunition. hold the firearm with the nontrigger read as follows: The term does not include an attached hand without being burned, § 178.1 Scope of regulations. tubular device designed to accept, and (4) A manufactured weight of 50 capable of operating only with, .22 (a) General. The regulations contained ounces or more when the pistol is caliber rimfire ammunition, or a fixed unloaded, and in this part relate to commerce in device for a manually operated firearm, firearms and ammunition and are (5) A semiautomatic version of an or a fixed device for a firearm listed in automatic firearm; and promulgated to implement Title I, State 18 U.S.C. 922, Appendix A. Firearms Control Assistance (18 U.S.C. (d) A semiautomatic shotgun that has * * * * * Chapter 44), of the Gun Control Act of at least 2 of— Permanently inoperable. A firearm 1968 (82 Stat. 1213) as amended by Pub. (1) A folding or telescoping stock, which is incapable of discharging a shot L. 99–308 (100 Stat. 449), Pub. L. 99– (2) A pistol grip that protrudes by means of an explosive and incapable 360 (100 Stat. 766), Pub. L. 99–408 (100 conspicuously beneath the action of the of being readily restored to a firing Stat. 920), Pub. L. 103–159 (107 Stat. weapon, condition. An acceptable method of 1536), and Pub. L. 103–322 (108 Stat. (3) A fixed magazine capacity in rendering most firearms permanently 1796). excess of 5 rounds, and inoperable is to fusion weld the (4) An ability to accept a detachable * * * * * chamber closed and fusion weld the magazine. Par. 10. Section 178.11 is amended by barrel solidly to the frame. Certain Semiautomatic pistol. Any repeating revising the definition for ‘‘armor unusual firearms require other methods pistol which utilizes a portion of the piercing ammunition,’’ and by adding to render the firearm permanently energy of a firing cartridge to extract the definitions for ‘‘intimate partner,’’ inoperable. Contact ATF for fired cartridge case and chamber the ‘‘large capacity ammunition feeding instructions. next round, and which requires a device,’’ ‘‘permanently inoperable,’’ * * * * * separate pull of the trigger to fire each ‘‘semiautomatic assault weapon,’’ Semiautomatic assault weapon. (a) cartridge. ‘‘semiautomatic pistol,’’ and Any of the firearms, or copies or * * * * * ‘‘semiautomatic shotgun’’ to read as duplicates of the firearms in any caliber, follows: Semiautomatic shotgun. Any known as: repeating shotgun which utilizes a § 178.11 Meaning of terms. (1) Norinco, Mitchell, and Poly portion of the energy of a firing cartridge * * * * * Technologies Avtomat Kalashnikovs (all to extract the fired cartridge case and Armor piercing ammunition. models), chamber the next round, and which Projectiles or projectile cores which may (2) Action Arms Israeli Military requires a separate pull of the trigger to be used in a handgun and which are Industries UZI and Galil, fire each cartridge. (3) Beretta Ar70 (SC–70), constructed entirely (excluding the (4) Colt AR–15, * * * * * presence of traces of other substances) (5) Fabrique National FN/FAL, FN/ Par. 11. Section 178.23(b)(2) is from one or a combination of tungsten LAR, and FNC, revised to read as follows: alloys, steel, iron, brass, bronze, (6) SWD M–10, M–11, M–11/9, and § 178.23 Right of entry and examination. beryllium copper, or depleted uranium; M–12, or full jacketed projectiles larger than (7) Steyr AUG, * * * * * .22 caliber designed and intended for (8) INTRATEC TEC–9, TEC–DC9 and (b) * * * use in a handgun and whose jacket has TEC–22, and (2) For insuring compliance with the a weight of more than 25 percent of the (9) Revolving cylinder shotguns, such recordkeeping requirements of this part: total weight of the projectile. The term as (or similar to) the Street Sweeper and (i) Not more than once during any 12- does not include shotgun shot required Striker 12; month period, or Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17451 (ii) At any time with respect to (iii) (A) Includes a finding that such § 178.39a Reporting theft or loss of records relating to a firearm involved in person represents a credible threat to firearms. a criminal investigation that is traced to the physical safety of such intimate Each licensee shall report the theft or the licensee, or partner or child; or loss of a firearm from the licensee’s * * * * * (B) By its terms explicitly prohibits inventory (including any firearm which Par. 12. Section 178.25a is added to the use, attempted use, or threatened has been transferred from the licensee’s Subpart C to read as follows: use of physical force against such inventory to a personal collection and intimate partner or child that would held as a personal firearm for at least 1 § 178.25a Responses to requests for reasonably be expected to cause bodily year), or from the collection of a information. injury. licensed collector, within 48 hours after Each licensee shall respond the theft or loss is discovered. Licensees immediately to, and in no event later * * * * * (d) * * * shall report thefts or losses by than 24 hours after the receipt of, a telephoning 1–800–800–3855 (6) Has been discharged from the request by an ATF officer at the (nationwide toll free number) and by Armed Forces under dishonorable National Tracing Center for information preparing ATF Form 3310.11, Federal conditions, contained in the records required to be Firearms Licensee Theft/Loss Report, in kept by this part for determining the (7) Having been a citizen of the accordance with the instructions on the disposition of one or more firearms in United States, has renounced form. The original of the report shall be the course of a bona fide criminal citizenship, or forwarded to the office specified investigation. The requested (8) Is subject to a court order that thereon, and Copy 1 shall be retained by information shall be provided orally to restrains such person from harassing, the licensee as part of the licensee’s the ATF officer. Verification of the stalking, or threatening an intimate permanent records. Theft or loss of any identity and employment of National partner of such person or child of such firearm shall also be reported to the Tracing Center personnel requesting intimate partner or person, or engaging appropriate local authorities. information may be established at the in other conduct that would place an time the requested information is intimate partner in reasonable fear of (Approved by the Office of Management and Budget under control number 1512–0524) provided by telephoning the toll-free bodily injury to the partner or child: number 1–800–788–7132 or using the Provided, That the provisions of this Par. 17. Sections 178.40 and 178.40a toll-free facsimile (FAX) number 1–800– paragraph shall only apply to a court are added to Subpart C to read as 578–7223. order that— follows: Par. 13. Section 178.29a is added to (i) Was issued after a hearing of which § 178.40 Manufacture, transfer, and Subpart C to read as follows: such person received actual notice, and possession of semiautomatic assault § 178.29a Acquisition of firearms by at which such person had the weapons. nonresidents. opportunity to participate; and (a) Prohibition. No person shall No person, other than a licensed (ii) (A) Includes a finding that such manufacture, transfer, or possess a importer, licensed manufacturer, person represents a credible threat to semiautomatic assault weapon. licensed dealer, or licensed collector, the physical safety of such intimate (b) Exceptions. The provisions of who does not reside in any State shall partner or child; or paragraph (a) of this section shall not receive any firearms unless such receipt (B) By its terms explicitly prohibits apply to: is for lawful sporting purposes. the use, attempted use, or threatened (1) The possession or transfer of any Par. 14. Section 178.32 is amended by use of physical force against such semiautomatic assault weapon revising paragraphs (a)(6), (a)(7), (d)(6), intimate partner or child that would otherwise lawfully possessed in the and (d)(7), and by adding paragraphs reasonably be expected to cause bodily United States under Federal law on (a)(8) and (d)(8) to read as follows: injury. September 13, 1994; Par. 15. Section 178.33 is revised to (2) Any of the firearms, or replicas or § 178.32 Prohibited shipment, read as follows: duplicates of the firearms, specified in transportation, possession, or receipt of 18 U.S.C. 922, Appendix A, as such firearms and ammunition by certain § 178.33 Stolen firearms and ammunition. persons. firearms existed on October 1, 1993; No person shall transport or ship in (a) * * * (3) Any firearm that— (6) Has been discharged from the interstate or foreign commerce any (i) Is manually operated by bolt, Armed Forces under dishonorable stolen firearm or stolen ammunition pump, lever, or slide action; conditions, knowing or having reasonable cause to (ii) Has been rendered permanently (7) Having been a citizen of the believe that the firearm or ammunition inoperable; or United States, has renounced was stolen, and no person shall receive, (iii) Is an antique firearm; citizenship, or possess, conceal, store, barter, sell, or (4) Any semiautomatic rifle that (8) Is subject to a court order that— dispose of any stolen firearm or stolen cannot accept a detachable magazine (i) Was issued after a hearing of which ammunition, or pledge or accept as that holds more than 5 rounds of such person received actual notice, and security for a loan any stolen firearm or ammunition; at which such person had an stolen ammunition, which is moving as, (5) Any semiautomatic shotgun that opportunity to participate; which is a part of, which constitutes, or cannot hold more than 5 rounds of (ii) Restrains such person from which has been shipped or transported ammunition in a fixed or detachable harassing, stalking, or threatening an in, interstate or foreign commerce, magazine; intimate partner of such person or child either before or after it was stolen, (6) The manufacture for, transfer to, or of such intimate partner or person, or knowing or having reasonable cause to possession by the United States or a engaging in other conduct that would believe that the firearm or ammunition department or agency of the United place an intimate partner in reasonable was stolen. States or a State or a department, fear of bodily injury to the partner or Par. 16. Section 178.39a is added to agency, or political subdivision of a child; and Subpart C to read as follows: State, or a transfer to or possession by 17452 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations a law enforcement officer employed by law enforcement officers, or other devices by persons who manufacture, such an entity for purposes of law purchasers specified in paragraph (b) of import, or deal in such devices will be enforcement; this section; and presumed to be lawful if such persons (7) The transfer to a licensee under (5) Letters from law enforcement maintain evidence establishing that the title I of the Atomic Energy Act of 1954 officers purchasing in accordance with devices are possessed and transferred (42 U.S.C. 2011 et seq.) for purposes of paragraph (b)(6) of this section and for sale to purchasers specified in establishing and maintaining an on-site § 178.132. paragraph (b) of this section. Examples physical protection system and security (Paragraph (c) approved by the Office of of acceptable evidence include the organization required by Federal law, or Management and Budget under control following: possession by an employee or contractor number 1512–0526) (1) Contracts between persons who of such licensee on-site for such import or manufacture such devices and purposes or off-site for purposes of § 178.40a Transfer and possession of persons who deal in such devices large capacity ammunition feeding devices. licensee-authorized training or stating that the devices may only be sold transportation of nuclear materials; (a) Prohibition. No person shall to law enforcement agencies or other (8) The possession, by an individual transfer or possess a large capacity purchasers specified in paragraph (b) of who is retired from service with a law ammunition feeding device. this section; enforcement agency and is not (b) Exceptions. The provisions of (2) Copies of purchase orders otherwise prohibited from receiving a paragraph (a) of this section shall not submitted to persons who manufacture, firearm, of a semiautomatic assault apply to: import, or deal in such devices by law weapon transferred to the individual by (1) The possession or transfer of any enforcement agencies or other the agency upon such retirement; large capacity ammunition feeding purchasers specified in paragraph (b) of (9) The manufacture, transfer, or device otherwise lawfully possessed in this section; possession of a semiautomatic assault the United States on September 13, (3) Copies of letters submitted to weapon by a licensed manufacturer or 1994; persons who manufacture, import, or licensed importer for the purposes of (2) The manufacture for, transfer to, or deal in such devices by government testing or experimentation as authorized possession by the United States or a agencies or other purchasers specified by the Director under the provisions of department or agency of the United in paragraph (b) of this section § 178.153; or States or a State or a department, expressing an interest in purchasing the (10) The manufacture, transfer, or agency, or political subdivision of a devices; possession of a semiautomatic assault State, or a transfer to or possession by (4) Letters from persons who deal in weapon by a licensed manufacturer, a law enforcement officer employed by such devices to persons who import or licensed importer, or licensed dealer for such an entity for purposes of law manufacture such devices stating that the purpose of exportation in enforcement; sales will only be made to law (3) The transfer to a licensee under compliance with the Arms Export enforcement agencies or other title I of the Atomic Energy Act of 1954 Control Act (22 U.S.C. 2778). purchasers specified in paragraph (b) of for purposes of establishing and (c) Manufacture and dealing in this section; and maintaining an on-site physical semiautomatic assault weapons. Subject (5) Letters from law enforcement protection system and security to compliance with the provisions of officers purchasing in accordance with organization required by Federal law, or this part, licensed manufacturers and paragraph (b)(2) of this section and possession by an employee or contractor licensed dealers in semiautomatic § 178.132. assault weapons may manufacture and of such licensee on-site for such deal in such weapons manufactured purposes or off-site for purposes of (Paragraph (c) approved by the Office of after September 13, 1994: Provided, The licensee-authorized training or Management and Budget under control number 1512–0526) licensee obtains evidence that the transportation of nuclear materials; weapons will be disposed of in (4) The possession, by an individual Par. 18. Section 178.44 is revised to accordance with paragraph (b) of this who is retired from service with a law read as follows: section. Examples of acceptable enforcement agency and is not § 178.44 Original license. evidence include the following: otherwise prohibited from receiving (1) Contracts between the ammunition, of a large capacity (a) Any person who intends to engage manufacturer and dealers stating that ammunition feeding device transferred in business as a firearms or ammunition the weapons may only be sold to law to the individual by the agency upon importer or manufacturer, or firearms enforcement agencies, law enforcement such retirement; dealer, or who has not previously been officers, or other purchasers specified in (5) The manufacture, transfer, or licensed under the provisions of this paragraph (b) of this section; possession of any large capacity part to so engage in business, or who (2) Copies of purchase orders ammunition feeding device by a has not timely submitted an application submitted to the manufacturer or dealer manufacturer or importer for the for renewal of the previous license by law enforcement agencies or other purposes of testing or experimentation issued under this part, shall file an purchasers specified in paragraph (b) of in accordance with § 178.153; or application for license, ATF Form 7 this section; (6) The manufacture, transfer, or (Firearms), in duplicate, with ATF in (3) Copies of letters submitted to the possession of any large capacity accordance with the instructions on the manufacturer or dealer by government ammunition feeding device by a form. The application must be executed agencies, law enforcement officers, or manufacturer or importer for the under the penalties of perjury and the other purchasers specified in paragraph purpose of exportation in accordance penalties imposed by 18 U.S.C. 924. The (b) of this section expressing an interest with the Arms Export Control Act (22 application shall include a photograph in purchasing the semiautomatic assault U.S.C. 2778). and fingerprints as required in the weapons; (c) Importation, manufacture, and instructions on the form. The (4) Letters from dealers to the dealing in large capacity ammunition application shall be accompanied by a manufacturer stating that sales will only feeding devices. Possession and transfer completed ATF Form 5300.37 be made to law enforcement agencies, of large capacity ammunition feeding (Certification of Compliance with State Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17453 and Local Law) and ATF Form 5300.36 removing ‘‘45-day’’ in paragraphs (c) license to also file completed ATF Form (Notification of Intent to Apply for a and (d) and adding, in its place, ‘‘60- 7 or ATF Form 7CR, or portions thereof, Federal Firearms License), and shall day,’’ and by adding a parenthetical text in the manner required by § 178.44. include the appropriate fee in the form at the end of the section to read as (b) Upon receipt of a properly of money order or check made payable follows: executed application for an amended to the Bureau of Alcohol, Tobacco and license, the Chief, Firearms and Firearms. ATF Forms 7 (Firearms), ATF § 178.47 Issuance of license. (a) * * * Explosives Licensing Center, shall, upon Forms 5300.37, and ATF Forms 5300.36 finding through further inquiry or may be obtained by contacting any ATF (b) * * * (6) The applicant has filed an ATF investigation, or otherwise, that the office. applicant is qualified at the new (b) Any person who desires to obtain Form 5300.37 (Certification of location, issue the amended license, and a license as a collector under the Act Compliance with State and Local Law) return it to the applicant. The license and this part, or who has not timely with ATF in accordance with the shall be valid for the remainder of the submitted an application for renewal of instructions on the form certifying term of the original license. The Chief, the previous license issued under this under the penalties of perjury that— Firearms and Explosives Licensing part, shall file an application, ATF Form (i) The business to be conducted Center, shall, if the applicant is not 7CR (Curios and Relics), with ATF in under the license is not prohibited by accordance with the instructions on the State or local law in the place where the qualified, refer the application for form. The application must be executed licensed premises are located; amended license to the regional director under the penalties of perjury and the (ii) Within 30 days after the (compliance) for denial in accordance penalties imposed by 18 U.S.C. 924. The application is approved the business with § 178.71. application shall be accompanied by a will comply with the requirements of (Approved by the Office of Management and completed ATF Form 5300.37 and ATF State and local law applicable to the Budget under control number 1512–0525) Form 5300.36 and shall include the conduct of business; appropriate fee in the form of a money (iii) The business will not be Par. 22. Section 178.57 is amended by order or check made payable to the conducted under the license until the designating the existing paragraph as (a) Bureau of Alcohol, Tobacco and requirements of State and local law and by adding paragraphs (b) and (c) to Firearms. ATF Forms 7CR (Curios and applicable to the business have been read as follows: met; and Relics), ATF Forms 5300.37, and ATF § 178.57 Discontinuance of business. Forms 5300.36 may be obtained by (iv) The applicant has completed and contacting any ATF office. sent or delivered ATF F 5300.36 * * * * * Par. 19. Section 178.45 is revised to (Notification of Intent to Apply for a (b) Since section 922(v), Title 18, read as follows: Federal Firearms License) to the chief U.S.C., makes it unlawful to transfer or law enforcement officer of the locality possess a semiautomatic assault § 178.45 Renewal of license. in which the premises are located, weapon, except as provided in the law, If a licensee intends to continue the which indicates that the applicant any licensed manufacturer, licensed business or activity described on a intends to apply for a Federal firearms importer, or licensed dealer intending to license issued under this part during license. For purposes of this paragraph, discontinue business shall, prior to any portion of the ensuing year, the the ‘‘chief law enforcement officer’’ is going out of business, transfer in licensee shall, unless otherwise notified the chief of police, the sheriff, or an compliance with the provisions of this in writing by the Chief, Firearms and equivalent officer. part any semiautomatic assault weapon Explosives Licensing Center, execute * * * * * manufactured or imported after and file with ATF prior to the expiration (Paragraph (b)(6) approved by the Office of September 13, 1994, to a person of the license an application for a Management and Budget under control specified in § 178.40(b), or, subject to license renewal, ATF Form 8 Part II, numbers 1512–0522 and 1512–0523) the provisions of §§ 178.40(c) and accompanied by a completed ATF Form Par. 21. Section 178.52 is revised to 178.132, a licensed manufacturer, a 5300.37 and ATF Form 5300.36, in read as follows: licensed importer, or a licensed dealer. accordance with the instructions on the forms, and the required fee. The Chief, § 178.52 Change of address. (c) Since section 922(w), Title 18, Firearms and Explosives Licensing (a) Licensees may during the term of U.S.C., makes it unlawful to transfer or Center, may, in writing, require the their current license remove their possess a large capacity ammunition applicant for license renewal to also file business or activity to a new location at feeding device, except as provided in completed ATF Form 7 or ATF Form which they intend regularly to carry on the law, any person who manufactures, 7CR in the manner required by § 178.44. such business or activity by filing an imports, or deals in such devices and In the event the licensee does not timely Application for an Amended Federal who intends to discontinue business file an ATF Form 8 Part II, the licensee Firearms License, ATF Form 5300.38, in shall, prior to going out of business, must file an ATF Form 7 or ATF Form duplicate, not less than 30 days prior to transfer in compliance with the 7CR as required by § 178.44, and obtain such removal with the Chief, Firearms provisions of this part any large capacity the required license before continuing and Explosives Licensing Center. The ammunition feeding device business or collecting activity. If an ATF ATF Form 5300.38 shall be completed manufactured or imported after Form 8 Part II is not timely received in accordance with the instructions on September 13, 1994, to a person through the mails, the licensee should the form. The application must be specified in § 178.40a(b), or, subject to so notify the Chief, Firearms and executed under the penalties of perjury the provisions of §§ 178.40a(c) and Explosives Licensing Center. and penalties imposed by 18 U.S.C. 924. 178.132, a person who manufactures, Par. 20. Section 178.47 is amended by The application shall be accompanied imports, or deals in such devices. adding ‘‘ATF Form 7CR,’’ after ‘‘ATF by the licensee’s original license. The Par. 23. Section 178.92 is amended by Form 7,’’ in paragraph (a) and the Chief, Firearms and Explosives revising the title of the section, by introductory text of paragraph (b), by Licensing Center, may, in writing, revising paragraph (a), and by adding adding new paragraph (b)(6), by require the applicant for an amended paragraph (c) to read as follows: 17454 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations § 178.92 Identification of firearms, armor weapon would be dangerous or containers used for the packaging of the piercing ammunition, and large capacity impracticable. links. ammunition feeding devices. (iii) Machine guns, silencers, and (ii) Alternate means of identification. (a) (1) Firearms. Each licensed parts. A firearm frame or receiver, or The Director may authorize other means manufacturer or licensed importer of any part defined as a machine gun, of identifying large capacity any firearm manufactured or imported firearm muffler, or firearm silencer in ammunition feeding devices upon shall legibly identify each such firearm § 178.11, which is not a component part receipt of a letter application, in by engraving, casting, stamping of a complete weapon at the time it is duplicate, from the manufacturer or (impressing), or otherwise sold, shipped, or otherwise disposed of importer showing that such other conspicuously placing or causing to be by a licensed manufacturer or licensed identification is reasonable and will not engraved, cast, stamped (impressed) or importer, shall be identified as required hinder the effective administration of placed on the frame or receiver thereof by this section. The Director may this part. in a manner not susceptible of being authorize other means of identification Par. 24. Section 178.99(c) is amended readily obliterated, altered, or removed, of parts defined as machine guns other by removing the word ‘‘or’’ at the end an individual serial number not than frames or receivers and parts of paragraph (c)(6), by removing the duplicating any serial number placed by defined as mufflers or silencers upon period at the end of paragraph (c)(7) and the manufacturer or importer on any receipt of a letter application, in replacing it with ‘‘; or’’, and by adding other firearm, and by engraving, casting, duplicate, showing that such other paragraph (c)(8) to read as follows: stamping (impressing), or otherwise identification is reasonable and will not conspicuously placing or causing to be hinder the effective administration of § 178.99 Certain prohibited sales or engraved, cast, stamped (impressed) or this part. deliveries. placed on the frame, receiver, or barrel (b) * * * * * * * * thereof in a manner not susceptible of (c) Large capacity ammunition (c) * * * being readily obliterated, altered or feeding devices manufactured after (8) Is subject to a court order that removed, the model, if such designation September 13, 1994. (1) Each person restrains such person from harassing, has been made; the caliber or gauge; the who manufactures or imports any large stalking, or threatening an intimate name (or recognized abbreviation of capacity ammunition feeding device partner of such person or child of such same) of the manufacturer and also, manufactured or imported after intimate partner or person, or engaging when applicable, of the importer; in the September 13, 1994, shall legibly in other conduct that would place an case of a domestically made firearm, the identify each such device with a serial intimate partner in reasonable fear of city and State (or recognized number. Such person may use the same bodily injury to the partner or child, abbreviation thereof) wherein the serial number for all large capacity except that this paragraph shall only licensed manufacturer maintains its ammunition feeding devices produced apply to a court order that— place of business; and in the case of an or imported. (i) Was issued after a hearing of which imported firearm, the name of the (i) Additionally, in the case of a such person received actual notice, and country in which manufactured and the domestically made large capacity at which such person had the city and State (or recognized ammunition feeding device, such device opportunity to participate; and abbreviation thereof) of the importer. shall be marked with the name, city and (ii) (A) Includes a finding that such (2) Special markings for State (or recognized abbreviation person represents a credible threat to semiautomatic assault weapons, thereof) of the manufacturer; the physical safety of such intimate effective July 5, 1995. In the case of any (ii) And in the case of an imported partner or child; or (B) By its terms explicitly prohibits semiautomatic assault weapon large capacity ammunition feeding the use, attempted use, or threatened manufactured after September 13, 1994, device, such device shall be marked: (A) With the name of the use of physical force against such the frame or receiver shall be marked manufacturer, country of origin, and, intimate partner or child that would ‘‘RESTRICTED LAW ENFORCEMENT/ (B) Effective July 5, 1995, the name, reasonably be expected to cause bodily GOVERNMENT USE ONLY’’ or, in the city and State (or recognized injury. case of weapons manufactured for abbreviation thereof) of the importer. * * * * * export, ‘‘FOR EXPORT ONLY,’’ in the (iii) Further, large capacity manner prescribed in paragraph (a)(1) of Par. 25. Section 178.119 is added to ammunition feeding devices Subpart G to read as follows: this section. manufactured or imported after (3) Exceptions. September 13, 1994, shall be marked § 178.119 Importation of large capacity (i) Alternate means of identification. ‘‘RESTRICTED LAW ENFORCEMENT/ ammunition feeding devices manufactured The Director may authorize other means GOVERNMENT USE ONLY’’ or, in the after September 13, 1994. of identification of the licensed case of devices manufactured for export, (a) No large capacity ammunition manufacturer or licensed importer upon effective July 5, 1995, ‘‘FOR EXPORT feeding device manufactured after receipt of a letter application, in ONLY.’’ September 13, 1994, shall be imported duplicate, showing that such other (2) All markings required by this or brought into the United States unless identification is reasonable and will not paragraph (c) shall be cast, stamped, or the Director has authorized the hinder the effective administration of engraved on the exterior of the device. importation of such device. this part. In the case of a magazine, the markings (b) An application for a permit, ATF (ii) Destructive devices. In the case of shall be placed on the magazine body. Form 6, to import or bring a large a destructive device, the Director may (3) Exceptions. capacity ammunition feeding device authorize other means of identifying (i) Metallic links. Persons who into the United States or a possession that weapon upon receipt of a letter manufacture or import metallic links for thereof under this section shall be filed, application, in duplicate, from the use in the assembly of belted in triplicate, with the Director. The licensed manufacturer or licensed ammunition are only required to place application shall contain: importer showing that engraving, the identification marks prescribed in (1) The name and address of the casting, or stamping (impressing) such a paragraph (c)(1) of this section on the person importing the device, Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17455 (2) A description of the device to be (Paragraphs (a), (b), and (c) approved by the weapons. The documentation required imported, including model, caliber, size, Office of Management and Budget under by §§ 178.40(c) and 178.132 shall be country of manufacture, and name of control numbers 1512–0017 and 1512–0018; retained in the licensee’s permanent the manufacturer, paragraphs (d) and (e) approved by the Office records for a period of not less than 5 (3) The unit cost of the device to be of Management and Budget under control number 1512–0019) years after the date of sale or other imported, disposition. (4) The country from which to be Par. 26. Section 178.127 is amended by revising the second sentence to read (Paragraph (b) approved by the Office of imported, Management and Budget under control (5) The name and address of the as follows: numbers 1512–0520, 1512–0006, and 1512– foreign seller and the foreign shipper, § 178.127 Discontinuance of business. 0524; Paragraph (e) approved by the Office of (6) Verification that such device will Management and Budget under control be marked as required by this part, and ** * Where discontinuance of the number 1512–0526; all other recordkeeping (7) A statement by the importer that business is absolute, the records shall be approved by the Office of Management and the device is being imported for sale to delivered within 30 days following the Budget under control number 1512–0129) purchasers specified in § 178.40a(b). business discontinuance to the ATF Par. 28. Sections 178.132 and 178.133 (c) If the Director approves the Out-of-Business Records Center, Spring are added to Subpart H to read as application, such approved application Mills Office Park, 2029 Stonewall follows: shall serve as the permit to import the Jackson Drive, Falling Waters, West device described therein, and Virginia 25419, or to any ATF office in § 178.132 Dispositions of semiautomatic importation of such devices may the region in which the business was assault weapons and large capacity continue to be made by the person located: Provided, however, Where State ammunition feeding devices to law importing such devices under the law or local ordinance requires the enforcement officers for official use. approved application (permit) during delivery of records to other responsible Licensed manufacturers, licensed the period specified thereon. The authority, the Chief, Firearms and importers, and licensed dealers in Director shall furnish the approved Explosives Licensing Center may semiautomatic assault weapons, as well application (permit) to the applicant arrange for the delivery of the records as persons who manufacture, import, or and retain two copies thereof for required by this subpart to such deal in large capacity ammunition administrative use. If the Director authority: Provided further, That where feeding devices, may transfer such disapproves the application, the person a licensed business is discontinued and weapons and devices manufactured importing such devices shall be notified succeeded by a new licensee, the after September 13, 1994, to law of the basis for the disapproval. records may be delivered within 30 days enforcement officers with the following (d) A large capacity ammunition following the business discontinuance documentation: feeding device imported or brought into to the ATF Out-of-Business Records (a) A written statement from the the United States by a person importing Center or to any ATF office in the region purchasing officer, under penalty of such a device may be released from in which the business was located. perjury, stating that the weapon is being Customs custody to the person Par. 27. Section 178.129 is amended purchased for use in performing official importing such a device upon showing by revising paragraph (b), by adding duties and that the weapon is not being that such person has obtained a permit paragraph (e), and by revising the acquired for personal use or for from the Director for the importation of parenthetical text at the end of the purposes of transfer or resale; and the device to be released. In obtaining section to read as follows: (b) A written statement from a the release from Customs custody of supervisor of the purchasing officer, § 178.129 Record retention. such a device authorized by this section under penalty of perjury, stating that the to be imported through use of a permit, * * * * * purchasing officer is acquiring the the person importing such a device shall (b) Firearms transaction record, weapon for use in official duties, that prepare ATF Form 6A, in duplicate, and statement of intent to obtain a handgun, the firearm is suitable for use in furnish the original ATF Form 6A to the reports of multiple sales or other performing official duties, and that the Customs officer releasing the device. disposition of pistols and revolvers, and weapon is not being acquired for The Customs officer shall, after reports of theft or loss of firearms. personal use or for purposes of transfer certification, forward the ATF Form 6A Licensees shall retain each Form 4473 or resale. to the address specified on the form. and Form 4473(LV) for a period of not (Approved by the Office of Management and The ATF Form 6A shall show the name less than 20 years after the date of sale Budget under control number 1512–0526) and address of the person importing the or disposition. Licensees shall retain each Form 5300.35 for a period of not § 178.133 Records of transactions in device, the name of the manufacturer of semiautomatic assault weapons. the device, the country of manufacture, less than 5 years after notice of the The evidence specified in § 178.40(c), the type, model, caliber, size, and the intent to obtain the handgun was relating to transactions in number of devices released. forwarded to the chief law enforcement (e) Within 15 days of the date of officer. Licensees shall retain each copy semiautomatic assault weapons, shall be release from Customs custody, the of Form 3310.4 (Report of Multiple Sale retained in the permanent records of the person importing such a device shall: or Other Disposition of Pistols and manufacturer or dealer and in the (1) Forward to the address specified Revolvers) for a period of not less than records of the licensee to whom the on the form a copy of ATF Form 6A on 5 years after the date of sale or other weapons are transferred. which shall be reported any error or disposition. Licensees shall retain each (Approved by the Office of Management and discrepancy appearing on the ATF Form copy of Form 3310.11 (Federal Firearms Budget under control number 1512–0526) 6A certified by Customs, and Licensee Theft/Loss Report) for a period Par. 29. Section 178.152(a) is revised (2) Pursuant to § 178.92, place all of not less than 5 years after the date the to read as follows: required identification data on each theft or loss was reported to ATF. imported device if same did not bear * * * * * § 178.152 Seizure and forfeiture. such identification data at the time of its (e) Retention of records of (a) Any firearm or ammunition release from Customs custody. transactions in semiautomatic assault involved in or used in any knowing 17456 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations violation of subsections (a)(4), (a)(6), (f), description of the weapons or devices to Signed: February 10, 1995. (g), (h), (i), (j), or (k) of section 922 of be manufactured or imported, and the Daniel R. Black, the Act, or knowing importation or source of the weapons or devices. The Acting Director. bringing into the United States or any approved application shall be retained Approved: February 27, 1995. possession thereof any firearm or as part of the records required by John P. Simpson, ammunition in violation of section Subpart H of this part. 922(l) of the Act, or knowing violation Deputy Assistant Secretary, (Regulatory, Par. 31. Section 178.171 is amended Tariff and Trade Enforcement). of section 924 of the Act, or willful by revising the last sentence to read as [FR Doc. 95–8233 Filed 4–3–95; 4:18 pm] violation of any other provision of the follows: Act or of this part, or any violation of BILLING CODE 4810±31±U any other criminal law of the United § 178.171 Exportation. States, or any firearm or ammunition ** * Licensed manufacturers and intended to be used in any offense licensed importers exporting armor DEPARTMENT OF JUSTICE referred to in paragraph (c) of this piercing ammunition and section, where such intent is semiautomatic assault weapons 28 CFR Part 0 demonstrated by clear and convincing manufactured after September 13, 1994, [Civil Division Directive No. 14±95] evidence, shall be subject to seizure and shall maintain records showing the forfeiture, and all provisions of the name and address of the foreign Redelegation by Civil Division of Internal Revenue Code of 1986 relating consignee and the date the armor Authority to Compromise Civil Claims to the seizure, forfeiture, and piercing ammunition or semiautomatic disposition of firearms, as defined in assault weapons were exported. AGENCY: Department of Justice, Civil section 5845(a) of that Code, shall, so far Division. as applicable, extend to seizures and PART 179ÐMACHINE GUNS, ACTION: Final rule. forfeitures under the provisions of the DESTRUCTIVE DEVICES, AND Act: Provided, That upon acquittal of CERTAIN OTHER FIREARMS SUMMARY: This Directive implements a the owner or possessor, or dismissal of recent Attorney General order that the charges against such person other Par. 32. The authority citation for 27 increased settlement and compromise than upon motion of the Government CFR part 179 continues to read as authority that the Assistant Attorneys prior to trial, or lapse of or court follows: General of the litigating divisions may termination of the restraining order to Authority: 26 U.S.C. 7805. redelegate to United States Attorneys in which he is subject, the seized or §§ 179.34, 179.36, 179.42, 179.46, 179.47, civil matters. This Directive, which relinquished firearms or ammunition and 179.50 [Amended] supersedes Civil Division Directive 176– shall be returned forthwith to the owner 91, is being promulgated in order to or possessor or to a person delegated by Par. 33. Sections 179.34, 179.36, increase Department efficiency. 179.42, 179.46, 179.47, and 179.50 are the owner or possessor unless the return EFFECTIVE DATE: April 6, 1995. amended by removing ‘‘5630.5’’ of the firearms or ammunition would FOR FURTHER INFORMATION CONTACT: place the owner or possessor or the wherever it occurs and, adding in its place, ‘‘5630.7.’’ Robert M. Hollis, Assistant Director, delegate of the owner or possessor in Commercial Litigation Branch, Civil violation of law. Any action or Par. 34. Section 179.34(e) is added to read as follows: Division, Department of Justice, room proceeding for the forfeiture of firearms 11022, 550 11th Street NW., or ammunition shall be commenced § 179.34 Special tax registration and Washington, DC 20530; (202) 307–1100. within 120 days of such seizure. return. SUPPLEMENTARY INFORMATION: This * * * * * * * * * * Directive implements on behalf of the Par. 30. Section 178.153 is added to (e) Identification of taxpayer. If the Civil Division the increase in the dollar Subpart I to read as follows: taxpayer is an individual, with the amount of settlement authority which § 178.153 Semiautomatic assault weapons initial return such person shall securely the Assistant Attorneys General may and large capacity ammunition feeding attach to Form 5630.7 a photograph of redelegate to United States Attorneys in devices manufactured or imported for the the individual 2 × 2 inches in size, civil matters. This increase in United purposes of testing or experimentation. clearly showing a full front view of the States Attorney authority will further The provisions of § 178.40 with features of the individual with head the efficient operation of the respect to the manufacture, transfer, or bare, with the distance from the top of Department of Justice. possession of a semiautomatic assault the head to the point of the chin As a regulation related to internal weapon, and § 178.40a with respect to approximately 11⁄4 inches, and which Department of Justice management, this large capacity ammunition feeding shall have been taken within 6 months rule may become effective without devices, shall not apply to the prior to the date of completion of the provision for public comment pursuant manufacture, transfer, or possession of return. The individual shall also attach to 5 U.S.C. § 553(b)(A). This Directive is such weapons or devices by a to the return a properly completed FBI not a ‘‘significant regulatory action’’ manufacturer or importer for the Form FD–258 (Fingerprint Card). The under section 3(f) of Executive Order purposes of testing or experimentation fingerprints must be clear for accurate 12866 and, accordingly, it has not been as authorized by the Director. A person classification and should be taken by reviewed by the Office of Management desiring such authorization shall submit someone properly equipped to take and Budget. Pursuant to 5 U.S.C. a letter application, in duplicate, to the them: Provided, That the provisions of § 605(b), the Assistant Attorney General Director. Such application shall contain this paragraph shall not apply to for the Civil Division certifies that the name and addresses of the persons individuals who have filed with ATF a because the effect of this Directive is directing or controlling, directly or properly executed Application for internal to the Department of Justice it indirectly, the policies and management License under 18 U.S.C. Chapter 44, will not have a significant adverse of the applicant, the nature or purpose Firearms, ATF Form 7 (5310.12) (12–93 economic impact on a substantial of the testing or experimentation, a edition), as specified in § 178.44(a). number of small business entities. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17457 This rule will not have substantial (i) In all cases in which the gross amount section, may not be exercised, and the matter direct effects on the states, on the of the original claim did not exceed shall be submitted for resolution to the relationship between the national $500,000; and, Assistant Attorney General, Civil Division, government and the states, or on the (ii) In all cases in which the gross amount when: of the original claim was between $500,000 (1) For any reason, the proposed action, as distribution of power and and $5,000,000, so long as the difference a practical matter, will control or adversely responsibilities among the various between the gross amount of the original influence the disposition of other claims levels of government. Therefore, in claim and the proposed settlement does not totaling more than the respective amounts accordance with Executive Order 12612, exceed $500,000 or 15 percent of the original designated in the above paragraphs. it is determined that this rule does not claim, whichever is greater; (2) Because a novel question of law or a have sufficient federalism implications (b) Accept offers in compromise of, or question of policy is presented, or for any to warrant the preparation of a settle administratively, claims against the other reason, the proposed action should, in the opinion of the officer or employee Federalism Assessment. United States in all cases where the principal amount of the proposed settlement does not concerned, receive the personal attention of List of Subjects in 28 CFR Part 0 exceed $500,000; and, the Assistant Attorney General, Civil (c) Reject any offers. Division. Authority delegations (government (2) United States Attorneys with respect to (3) The agency or agencies involved are agencies), Government employees, matters assigned or delegated to their opposed to the proposed action. The views Organization and functions (government respective components are hereby delegated of an agency must be solicited with respect agencies), Whistleblowing. the authority to: to any significant proposed action if it is a (a) Accept offers in compromise of claims party, if it has asked to be consulted with PART 0Ð[AMENDED] on behalf of the United States; respect to any such proposed action, or if (i) In all cases in which the gross amount such proposed action in a case would 1. The authority citation for part 0 of the original claim did not exceed adversely affect any of its policies. (4) The U.S. Attorney involved is opposed continues to read as follows: $1,000,000 and, (ii) In all cases in which the gross amount to the proposed action and requests that the Authority: 5 U.S.C. § 301, 28 U.S.C. §§ 509, of the original claim does not exceed matter be submitted to the Assistant Attorney 510, 515–519. $5,000,000, and in which the difference General for decision. between the gross amount of the original (5) The case is on appeal, except as 2. In the Appendix to Subpart Y, Civil claim and the proposed settlement does not determined by the Director of the Appellate Division Directive No. 176–91 is exceed $1,000,000; Staff. removed and Civil Division Directive (b) Accept offers in compromise of, or Section 2. Action Memoranda 14–95 is added in its place to read as settle administratively, claims against the follows: United States in all cases where the principal (a) Whenever an official of the Civil amount of the proposed settlement does not Division or a United States Attorney accepts Appendix to Subpart Y—Redelegations exceed $1,000,000 and, a compromise, closes a claim or files a suit of Authority To Compromise and Close (c) Reject any offers. or claim pursuant to the authority delegated Civil Claims (3) With respect to claims asserted in by this Directive, a memorandum fully explaining the basis for the action taken shall * * * * * bankruptcy proceedings, the term gross amount of the original claim in (1) (a) and be executed and placed in the file. In the case [Directive No. 14–95] (b), and (2) (a) and (b) above means of matters compromised, closed, or filed by liquidation value. Liquidation value is the United States Attorneys, a copy of the By virtue of the authority vested in me by memorandum must be sent to the appropriate forced sale value of the collateral, if any, part 0 of title 28 of the Code of Federal Branch or Office of the Civil Division. securing the claim(s) plus the dividend likely Regulations, particularly §§ 0.45, 0.160, (b) The compromising of cases or closing to be paid for the unsecured portion of the 0.164, and 0.168, it is hereby ordered as of claims or the filing of suits for claims, claim(s) in an actual or hypothetical follows: which a United States Attorney is not liquidation of the bankruptcy estate. authorized to approve, shall be referred to the Section 1. Authority To Compromise or Close (c) Subject to the limitations imposed by appropriate Branch or Office within the Civil Cases and to File Suits and Claims sections 1(e) and 4(c) of this directive, United Division, for decision by the Assistant (a) Delegation to Deputy Assistant States Attorneys, Directors, and Attorneys-in- Attorney General or the appropriate Attorneys General. The Deputy Assistant Charge are authorized to file suits, authorized person within the Civil Division. Attorneys General are authorized to act for, counterclaims, and cross-claims, to close, or The referral memorandum should contain a and to exercise the authority of, the Assistant to take any other action necessary to protect detailed description of the matter, the United Attorney General in charge of the Civil the interests of the United States in all States Attorney’s recommendation, the Division with respect to the institution of routine nonmonetary cases, in all routine agency’s recommendation where applicable, suits, the acceptance or rejection of loan collection and foreclosure cases, and in and a full statement of the reasons therefor. compromise offers, and the closing of claims other monetary claims or cases where the or cases, unless any such authority is gross amount of the original claim does not Section 3. Return of Civil Judgment Cases to required by law to be exercised by the exceed $500,000, or in the case of United Agencies Assistant Attorney General personally or has States Attorneys, $1,000,000. Such actions in Claims arising out of judgments in favor of been specifically delegated to another nonmonetary cases which are other than the United States which cannot be Department official. routine will be submitted for the approval of permanently closed as uncollectible may be (b) Delegation to United States Attorneys, the Assistant Attorney General, Civil returned to the referring Federal agency for Branch, Office and Staff Directors and Division. servicing and surveillance whenever all Attorneys-in-Charge of Field Offices. Subject (d) United States Attorneys may redelegate conditions set forth in USAM 4–2.230 have to the limitations imposed by 28 CFR in writing the above-conferred compromise been met. 0.160(c), and 0.164(a) and section 4(c) of this and suit authority to Assistant United States directive, and the authority of the Solicitor Attorneys who supervise other Assistant Section 4. Authority for Direct Reference and General set forth in 28 CFR 0.163, United States Attorneys who handle civil Delegation of Civil Division Cases to United (1) Branch, Office, and Staff Directors, and litigation. States Attorneys Attorneys-in-Charge of Field Offices with (e) Limitations on delegations. The (a) Direct reference to United States respect to matters assigned or delegated to authority to compromise cases, file suits, Attorneys by agencies. The following civil their respective components are hereby counter-claims, and cross-claims, to close actions under the jurisdiction of the Assistant delegated the authority to: cases, or take any other action necessary to Attorney General, Civil Division, may be (a) Accept offers in compromise of claims protect the interests of the United States, referred by the agency concerned directly to on behalf of the United States; delegated by paragraphs (a) and (b) of this the appropriate United States Attorney for 17458 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations handling in trial courts, subject to the (b) Delegation to United States Attorneys. (11) Administrative claims arising under limitations imposed by paragraph (c) of this Upon the recommendation of the appropriate the Federal Tort Claims Act. section. United States Attorneys are hereby Director, the Assistant Attorney General, Section 5. Adverse Decisions delegated the authority to take all necessary Civil Division may delegate to United States steps to protect the interests of the United Attorneys suit authority involving any claims All final judicial decisions adverse to the States, without prior approval of the or suits where the gross amount of the Government involving any direct reference or Assistant Attorney General, Civil Division, or original claim does not exceed $5,000,000 delegated case must be reported promptly to his representations, subject to the limitations where the circumstances warrant such the Assistant Attorney General, Civil set forth in section 1(e) of this directive. delegations. United States Attorneys may Division, attention Director, Appellate Staff. Agencies may, however, if special handling compromise any case redelegated under this Consult title 2 of the United States Attorney’s is desired, refer these cases to the Civil subsection in which the gross amount of the Manual for procedures and time limitations. Division. Also, when constitutional questions original claim does not exceed $5,000,000, so An appeal cannot be taken without approval or other significant issues arise in the course long as the difference between the gross of the Solicitor General. Until the Solicitor of such litigation, or when an appeal is taken amount of the original claim and the General has made a decision whether an by any party, the Civil Division should be proposed settlement does not exceed appeal will be taken, the Government consulted. $1,000,000. United States Attorneys may attorney handling the case must take all (1) Money claims by the United States, close cases redelegated to them under this necessary procedural actions to preserve the except claims involving penalties and subsection only upon the authorization of the Government’s right to take an appeal, forfeitures, where the gross amount of the appropriate authorized person within the including filing a protective notice of appeal original claim does not exceed $1,000,000. Department of Justice. All delegations when the time to file a notice of appeal is (2) Single family dwelling house pursuant to this subsection shall be in about to expire and the Solicitor General has foreclosures arising out of loans made or writing and no United States Attorney shall not yet made a decision. Nothing in the insured by the Department of Housing and have authority to compromise or close any foregoing directive affects this obligation. Urban Development, the Veterans such delegated case or claim except as is Section 6. Supersession Administration and the Farmers Home specified in the required written delegation Administration. or in section 1(c) of this directive. The This directive supersedes Civil Division (3) Suits to enjoin violations of, and to limitations of section 1(e) of this directive Directive No. 176–91 regarding redelegation collect penalties under, the Agricultural also remain applicable in any case or claim of the Assistant Attorney General’s authority in Civil Division cases to Branch Directors, Adjustment Act of 1938, 7 U.S.C. 1376, the delegated hereunder. heads of offices and United States Attorneys. Packers and Stockyards Act, 7 U.S.C. 203, (c) Cases not covered. Regardless of the 207(g), 213, 215, 216, 222, and 228a, the amount in controversy, the following matters Section 7. Applicability Perishable Agricultural Commodities Act, normally will not be delegated to United 1930, 7 U.S.C. 499c(a) and 499h(d), the Egg This directive applies to all cases pending States Attorneys for handling but will be Products Inspection Act, 21 U.S.C. 1031 et as of the date of this directive and is effective personally or jointly handled or monitored seq., the Potato Research and Promotion Act, immediately. by the appropriate Branch or Office within 7 U.S.C. 2611 et seq., the Cotton Research the Civil Division: Approved: March 27, 1995. and Promotion Act of 1966, 7 U.S.C. 2101 et Frank W. Hunger, seq., the Federal Meat Inspection Act, 21 (1) Civil actions in the Court of Federal U.S.C. 601 et seq., and the Agricultural Claims. Assistant Attorney General, Civil Division. Marketing Agreement Act of 1937, as (2) Cases within the jurisdiction of the Dated March 27, 1995. amended, 7 U.S.C. 601 et seq. Commercial Litigation Branch involving John R. Schmidt, patents, trademarks, copyrights, etc. (4) Suits by social security beneficiaries Associate Attorney General. under the Social Security Act, 42 U.S.C. 402 (3) Cases before the United States Court of [FR Doc. 95–8482 Filed 4–5–95; 8:45 am] et seq. International Trade. (5) Social Security disability suits under 42 (4) Any case involving bribery, conflict of BILLING CODE 4410±01±M U.S.C. 423 et seq. interest, breach of fiduciary duty, breach of (6) Black lung beneficiary suits under the employment contract, or exploitation of Federal Coal Mine Health and Safety Act of public office. DEPARTMENT OF THE INTERIOR 1969, 30 U.S.C. 921 et seq. (5) Any fraud or False Claims Act case (7) Suits by Medicare beneficiaries under where the amount of single damages, plus Office of Surface Mining Reclamation civil penalties, if any, exceeds $1,000,000. 42 U.S.C. 1395ff. and Enforcement (8) Garnishment actions authorized by 42 (6) Any case involving vessel-caused pollution in navigable waters. U.S.C. 659 for child support or alimony 30 CFR Part 915 payments and actions for general debt, 5 (7) Cases on appeal, except as determined by the Director of the Appellate Staff. U.S.C. 5520a. Iowa Regulatory Program (9) Judicial review of actions of the (8) Any case involving litigation in a Secretary of Agriculture under the food foreign court. AGENCY: Office of Surface Mining stamp program, pursuant to the provisions of (9) Criminal proceedings arising under Reclamation and Enforcement (OSM), 7 U.S.C. 2022 involving retail food stores. statutes enforced by the Food and Drug Interior. (10) Cases referred by the Department of Administration, the Consumer Product Safety ACTION: Labor for the collection of penalties or for Commission, the Federal Trade Commission, Final rule; approval of injunctive action under the Fair Labor and the National Highway Traffic Safety amendment. Standards Act of 1938 and the Occupational Administration (relating to odometer SUMMARY: OSM is approving a proposed Safety and Health Act of 1970. tampering), except as determined by the (11) Cases referred by the Department of Director of the Office of Consumer Litigation. amendment to the Iowa regulatory Labor solely for the collection of civil (10) Nonmonetary civil cases, including program (hereinafter referred to as the penalties under the Farm Labor Contractor injunction suits, declaratory judgment ‘‘Iowa program’’) under the Surface Registration Act of 1963, 7 U.S.C. 2048(b). actions, and applications for inspection Mining Control and Reclamation Act of (12) Cases referred by the Interstate warrants, and cases seeking civil penalties 1977 (SMCRA). Iowa proposed revisions Commerce Commission to enforce orders of including but not limited to those arising to rules pertaining to rulemaking the Interstate Commerce Commission or to under statutes enforced by the Food and Drug petitions, definitions, permit processing, Administration, the Consumer Product Safety enjoin or suspend such orders pursuant to 28 permit revisions, bonding, backfilling U.S.C. 1336. Commission, the Federal Trade Commission, (13) Cases referred by the United States and the National Highway Traffic Safety and grading, alternative enforcement, Postal Service for injunctive relief under the Administration (relating to odometer and individual civil penalties. The nonmailable matter laws, 39 U.S.C. 3001 et tampering), except as determined by the amendment is intended to revise the seq. Director of the Office of Consumer Litigation. Iowa program to be consistent with the Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17459 corresponding Federal standards, to Based upon the revisions to the IAC 27–40.4(9) (30 CFR 701.5, clarify ambiguities, and to improve proposed program amendment definition of ‘‘previously mined operational efficiency. submitted by Iowa, OSM reopened the area’’). EFFECTIVE DATE: April 6, 1995. public comment period in the IAC 27–40.32(3)a. (introductory text) (30 November 23, 1994, Federal Register CFR 774.13(a)), permittee right to FOR FURTHER INFORMATION CONTACT: (59 FR 60341; Administrative Record Michael C. Wolfrom, Telephone: (816) submit application for permit No. IA–410). The public comment revision/amendment. 374–6405. period ended on December 8, 1994. IAC 27–40.32(3)a.2. (30 CFR 774.11 (b) SUPPLEMENTARY INFORMATION: III. Director’s Findings & (c)), right of regulatory authority to I. Background on the Iowa Program As discussed below, the Director, in order permit revision/amendment, On January 21, 1981, the Secretary of accordance with SMCRA and 30 CFR and administrative and judicial the Interior conditionally approved the 732.15 and 732.17, finds that the review of such orders. Iowa program. General background proposed program amendment submitted by Iowa on April 13, 1994, Because these proposed Iowa rules are information on the Iowa program, substantively identical to the including the Secretary’s findings, the and as revised by it on November 8, 1994, is no less effective than the corresponding provisions of the Federal disposition of comments, and the regulations, the Director finds that they conditions of approval of the Iowa corresponding Federal regulations in meeting SMCRA’s requirements. are no less effective than the Federal program can be found in the January 21, regulations in meeting SMCRA’s 1981, Federal Register (46 FR 5885). Accordingly, the Director approves the proposed amendment. requirements and approves these Subsequent actions concerning Iowa’s proposed revisions. program and program amendments can 1. Nonsubstantive Revisions to Iowa’s The Director further notes that the be found at 30 CFR 915.15 and 915.16. Rules revision to IAC 27–40.4(9) (definition of II. Proposed Amendment Iowa proposed revisions to the ‘‘previously mined area’’) satisfies a following previously-approved rules required program amendment codified By letter dated April 13, 1994, Iowa that are nonsubstantive in nature and submitted a proposed amendment to its at 30 CFR 915.16(a)(1) that was imposed consist of minor editorial and on November 6, 1991 (56 FR 56578, program pursuant to SMCRA recodification changes (corresponding (Administrative Record No. IA–397). 56594), and is removing this Federal regulation provisions are listed requirement. Iowa submitted the proposed in parentheses): amendment with the intent of satisfying IAC 27–40.32(3)a. 3. & 4. (no 3. IAC 27–40.3(207). General Provisions the required program amendments corresponding Federal provisions), of Regulatory Program codified at 30 CFR 915.6 (a) and (b), and requirements for permit amendment at Iowa’s own initiative to improve the Iowa proposes to add a new paragraph or revision; providing that ‘‘[i]n lieu of the operation of its program. The provisions IAC 27–40.32(5) (30 CFR 773.11(a)), of the Iowa Administrative Code (IAC) regulations deleted at 30 CFR 700.12 permit renewal not required when concerning ‘Petitions to initiate that Iowa proposed to revise were: IAC only Phase III bond liability remains 27–40.3(207), 27–40.4(9), 27–40.31(14), rulemaking,’ rules of the Iowa on the permit area; Department of Agriculture and Land 27–40.32(207), 27–40.51(7), 27–40.63(2), IAC 27–40.32(6) (no corresponding Stewardship at 21 IAC Chapter 3, 27–40.74(3), and 27–40.75(2). Federal provision, additions to the ‘Petitions for Rulemaking’ shall serve as OSM announced receipt of the Federal requirements at 30 CFR the basis for submitting petitions to proposed amendment in the May 5, 774.15(b)), contents of permit renewal initiative rulemaking.’’ 1994, Federal Register (59 FR 23177), application; and provided an opportunity for a public IAC 27–40.32(7) (no corresponding Iowa had previously submitted the hearing or meeting on its substantive Federal provision), modification of referenced rules as part of an earlier adequacy, and invited public comment the incorporation of Federal program amendment, and OSM found on its adequacy (Administrative Record regulations by reference so that they them to be no less effective than the No. IA–402). Because no one requested cite the correct regulatory authority. Federal regulations at 30 CFR 700.12 a public hearing or meeting, none was Because the proposed revisions to that Iowa chose not to incorporate by held. The public comment period ended these previously-approved rules are reference in its program. However, in on June 6, 1994. nonsubstantive in nature, the Director that earlier amendment Iowa was During its review of the amendment, finds that these proposed revisions to required to further amend its program to OSM identified concerns relating to the the Iowa rules are no less effective than include a clear reference to these State provisions of IAC 27–40.32 (permit the Federal regulations in meeting rules within its regulatory program (see revisions), 27–40.51(7) (application for SMCRA’s requirements, and approves 59 FR 5709, 5712; February 8, 1994; bond release), and 27–40.75(2) these proposed revisions. Finding No. 8). The Director finds that (individual civil penalties). OSM Iowa’s current proposed program notified Iowa of the concerns by issue 2. Substantive Revisions to Iowa’s Rules amendment clearly informs the public letter dated October 3, 1994 That Are Substantively Identical to the of where to locate the procedures and (Administrative Record No. IA–407). Corresponding Provisions of the Federal requirements for petitions for Iowa responded in a letter dated Regulations rulemaking under the Iowa regulatory November 8, 1994, by submitting a Iowa proposed revisions to the program, and approves the proposal. revised amendment (Administrative following rules that are substantive in Additionally, the proposal satisfies a Record No. IA–408). Iowa proposed nature and contain language that is required program amendment codified additional revisions to IAC 27–40.32 substantively identical to the at 30 CFR 915.16(b)(1) that was imposed (permit revisions), 27–40.51(7) (bond requirements of the corresponding on February 8, 1994 (59 FR 5709, 5723); release application), and 27–40.75(2) Federal regulation provisions (listed in therefore the Director is removing this (individual civil penalties). parentheses). requirement. 17460 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 4. IAC 27–40.31(14). Requirements for a. IAC 27–40.32(1) Permit Revision/ procedural requirements (notice, public Permits and Permit Processing Amendment Orders participation, etc.) apply to all Iowa proposes to delete and reserve Iowa proposes at IAC 27–40.32(1) not ‘‘revisions,’’ and (3) requiring that this subrule, which adds to Iowa’s to incorporate into its program by revision and amendment applications incorporation by reference of 30 CFR reference the Federal requirements at 30 contain replacement documentations in 773.15(a)(2) the words ‘‘[i]n case willful CFR 774.11 (b) and (c). However, as the same detail as the original permit, suppressing or falsifying of any facts or noted in Funding No. 2 above, Iowa is has established guidelines as required data is identified, the division may also proposing to add at IAC 27– by 30 CFR 774.13(b)(2). Further, Iowa’s require the applicant to reapply for the 40.32(3)a.2. requirements that are proposed definitions assure that these same area.’’ OSM notes that 30 CFR substantively the same as these Federal requirements and procedures 773.15(a)(2) provides that in the review requirements. Therefore the Director requirements will apply to all of applications for permits or permit approves the proposal at IAC 27– significant permit changes, as required revisions, the applicant has the burden 40.32(1) to delete 30 CFR 774.11 (b) and by the proviso in that Federal of proof that the application is in (c) from the new incorporation by regulation. compliance with all requirements of the reference. Regarding Iowa’s proposal to delete regulatory program. the incorporation by reference of the b. IAC 27–40.32(2) Revisions Versus Iowa previously proposed this added Federal regulations at 30 CFR 774.13, Amendments language in a program amendment, but OSM has reviewed Iowa’s proposal and OSM found that under SMCRA Section Iowa proposes to use the term has determined that it incorporates 510(b)(1) and 30 CFR 773.15(c)(1) (Iowa ‘‘revision’’; to describe changes to counterpart requirements for each of the counterpart provisions at Iowa Code permits that constitute significant provisions of § 774.13 other than the 207.9(2)(a) and (IAC 27–40.31), if such departures from the approved permit, one specifically discussed above willful suppressing or falsification of and to use the term ‘‘amendment’’ to (§ 774.13(b)(2)). As discussed in Finding any facts or data in a permit application describe changes that do not constitute No. 2 above and Finding No. 5c below, is identified, the regulatory authority significant departures. Iowa further counterparts of those Federal provisions would have no discretion and would be proposes that significant departures are incorporated in Iowa’s proposed required to deny the permit. OSM thus shall be any change in permit area, rules as follows (proposed IAC found this Iowa subrule to conflict with mining method or reclamation counterparts in parentheses): § 774.13(a) SMCRA and the Federal regulations, procedure which would, in the opinion (IAC 27–40.32(3)a, introductory text); and did not approve this subrule (see 59 of the Iowa regulatory authority, § 774.13(b)(1) (IAC 27–40.32(3)b.); FR 5709, 5714; February 8, 1994; significantly change the effect that § 774.13(c) (IAC 27–40.32(3)d.); and Finding No. 13b). Iowa, in response, is mining operations would have on § 774.13(d) (IAC 27–40.32(3)e.). Based now proposing to delete this persons impacted by the permitted on the discussion in Finding Nos. 2 and unapproved language. OSM notes that operation, on cultural resources, or on 5c regarding these provisions, the the Iowa program, in the general the environment. Finally, Iowa proposes Director finds that Iowa’s proposal at incorporation by reference at IAC 27– to delete the incorporation by reference IAC 27–40.32(2) not to incorporate 30 40.31(207) of the Federal regulations at of the Federal regulations at 30 CFR CFR 774.13 does not render the Iowa 30 CFR Part 773, continues to 774.13 (permit revisions), except that program less effective than § 774.13 in incorporate 30 CFR 773.15(a)(2) by the notice, public participation, and meeting SMCRA’s requirements. reference. For the reasons specified in notice of decision requirements of 30 In summary, the Director finds Iowa’s the February 8, 1994, Federal Register, CFR 773.13, 773.19(b), and 778.21 definitions of ‘‘revision’’ and the Director finds that the proposed would apply to all ‘‘revisions’’ (i.e., to ‘‘amendment’’ to be in accordance with deletion of this added language is not all significant departures). A related the Federal regulations at 30 CFR inconsistent with SMCRA or the Federal requirement at proposed IAC 227– 774.13(b)(2), and the deletion of the regulations, and is approving the 40.32(3)c. would require that any incorporation by reference of most of 30 deletion. application for either revision or CFR 774.13 to be no less effective than amendment must provide replacement the Federal regulations in meeting 5. IAC 27–40.32(207). Permit Revision/ documentation fully describing the SMCRA’s requirements; the Director is Amendment, Renewal, Transfer proposed changes, in the same detail as therefore approving proposed IAC 27– Iowa proposes to delete its required in the original permit. 40.32(2). Additionally, the proposal incorporation by reference of the The Federal regulations at 30 CFR satisfies a required program Federal regulations at 30 CFR Part 774, 774.13(b)(2) require regulatory amendment, codified at 30 CFR as in effect on July 1, 1992 (with some authorities to establish guidelines which 915.16(a)(5), that was imposed on exceptions and additions), and to add a establish the scale or extent of permit November 6, 1991 (56 FR 56578, 56594), new incorporation by reference of those revisions for which all of the permit and later modified on February 8, 1994 same Federal regulations, but with a application information requirements (59 FR 5709, 5723); the Director is different set of exceptions and and permit application procedures of therefore removing this requirement. additions. Some of these new the Federal regulations (including the c. IAC 27–40.32(3) Requirements for exceptions and additions are notice, public participation, and notice Revisions and Amendments substantively the same as the old of decision requirements of §§ 773.13, exceptions and additions, and have 773.19(b) (1) & (3), and 778.21) shall 1. Permit changes that require either been addressed in Finding No. 1 above; apply, with the proviso that such a permit revision or a permit others of the new additions are requirements and procedures must amendment. Iowa proposes at IAC 27– substantively the same as certain apply at a minimum to all significant 40.32(3)a.1. that either a revision or an Federal regulatory provisions, and have revisions. amendment is required for any change been addressed in Finding No. 2 above; The Director finds that Iowa, by (1) in the approved permit; further, all and the remainder of the exceptions and defining ‘‘revision’’ and ‘‘amendment,’’ information related to approved additions are discussed below. (2) requiring that the specified revisions or amendments must be Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17461 updated in all public copies of the revision application decision) is subject the amendment or revision. Instead, permit. to judicial review. The Director finds Iowa’s proposed language could be The Federal regulations at 30 CFR that Iowa’s proposal is consistent with interpreted to be limited to requiring 774.13 do not directly address this these requirements and is approving the consistency of the revision/amendment issue. However, in the preamble to the proposal. application with the written findings of Federal regulations at 30 CFR 4. Criteria for approval. Iowa proposes the original permit approval; such an 774.13(b)(2), dated September 28, 1993 to add at IAC 27–40.32(3)d. three interpretation would be less effective (48 FR 44344, 44377), OSM clarified its criteria for the approval of applications than the third criterion of the Federal interpretation of these regulations that for permit revisions and amendments. regulation. However, OSM notes that all changes must be approved and The criteria proposed are: (1) That no Iowa added this criterion in its revised incorporated into the permit: such application shall be approved amendment of November 8, 1994 unless the application demonstrates, Under the final rule, the regulatory (Administrative Record No. IA–408), authority will establish the guidelines for and the Iowa regulatory authority finds, which responded to OSM’s letter of revisions. However, all revisions must be that the reclamation as required by October 3, 1994 (Administrative Record approved and incorporated into the permit Iowa’s Act and the regulatory program No. IA–407); in that letter, OSM had since they are changes to that document. The can be accomplished; (2) that the indicated to Iowa that its initial permit and all public copies of it should application complies with all submittal was deficient in not reflect all revisions approved by the requirements of the Act and the containing a counterpart to OSM’s regulatory authority so that all interested regulatory program; and (3) that ‘‘any criterion for written findings. In its persons, including inspectors, the operator, applicable requirements of written revised amendment of November 8, and the public, will have an accurate copy findings for the permit have also been 1994, Iowa indicates that this proposed of the permit. The permit is the document met.’’ which authorizes the operator to mine and language was intended to address that must be accurate. The Federal regulations at 30 CFR deficiency. OSM therefore concludes 774.13(c) require that no application for that Iowa intends its language to be The Director finds Iowa’s proposal to a permit revision shall be approved interpreted in accordance with the be consistent with this interpretation unless the application demonstrates and requirements of the Federal regulation and is approving the proposal. the regulatory authority finds: (1) That criterion; i.e., that Iowa intends that 2. Timeframes for decisions on reclamation as required by SMCRA and new written findings are required, if applications. Iowa proposes at IAC 27– the regulatory program can be applicable, prior to approving an 40.32(3)b. that applications for permit accomplished; (2) that the application application for permit amendment or revisions will be approved or complies with all requirements of revision. Based on this understanding, disapproved within 90 days following a SMCRA and the regulatory program; the Director finds Iowa’s proposal at determination of completeness, and that and (3) that ‘‘applicable requirements IAC 27–40.32(3)d. to be no less effective an application for an amendment will under section 773.15(c) which are than 30 CFR 774.13(c) in meeting be approved or disapproved within 60 pertinent to the revision are met.’’ The SMCRA’s requirements, and the days of submittal of the application. cited rule, 30 CFR 773.15(c), specifies Director is approving the proposal. The Federal regulations at 30 CFR written findings for application 5. Additions of area. Iowa proposes at 774.13(b)(1) do not specify timeframes approval, and, as applied to an IAC 27–40.32(3)e. that any increase in for action on revision applications, but application for a significant revision, permit area, except incidental boundary rather require regulatory authorities to requires that the application not be revisions (hereinafter, ‘‘IBR’s’’), shall establish time periods for such approved unless the application not be approved under ‘‘this subrule’’ approvals or disapprovals. The Director affirmatively demonstrates, and the (i.e., neither as a permit revision nor as finds that Iowa’s proposal establishes regulatory authority finds in writing, an amendment), but rather ‘‘shall be such time periods and that the time that several specified requirements, treated as’’ a new permit application. periods will ensure that operators where applicable, have been met. Iowa additionally proposes that IBR’s receive timely decisions. Therefore the The first two of Iowa’s proposed are considered as significant departures Director is approving the proposal. criteria are substantively the same as and hence shall be treated as revisions;’ 3. Administrative and judicial review. those specified in the Federal that a total of 20 acres of IBR’s would Iowa proposes at IAC 27–40.32(3)c. that: regulations. The third criterion, written be allowed over the life of the permit, ‘‘[a]ny application for an amendment or findings, is in one way more stringent with individual increments subject to a revision under these rules shall, at a than the Federal requirement because it approval by Iowa (presumably under minimum, be subject to the is applied to both revision and other criteria for determining requirements of Part 9 of these rules amendment applications, whereas ‘‘incidental’’); and lastly, that ** *.’’ OSM notes that Part 9 of Iowa’s under the Federal regulations this applications for IBR’s shall include a rules contains, among other things, the criterion is applied only to applications demonstration that the proposed requirements for administrative and for significant revisions. Under SMCRA additional permit area is contiguous to judicial review of Iowa permit actions; section 505(b) and 30 CFR 730.11(b), no the approved permit. it thus contains the Iowa program State regulation which provides for OSM interprets Iowa’s proposed counterparts to 30 CFR Part 775 more stringent regulation of surface coal language that increases in permit area (administrative and judicial review of mining and reclamation operations than (other than IBR’s) ‘‘shall be treated as a permit decisions). do the Federal regulations shall be new permit application’’ to mean that The Federal regulations at 30 CFR construed to be inconsistent with any application for increased area 775.11(a) provide that decisions on SMCRA or with the Federal regulations. (unless it meets the criteria for an IBR) applications for any permit revision OSM does not find, however, that this will be subjected to all the entire (whether significant or insignificant) are proposed third criterion (‘‘and any procedural and substantive subject to administrative review; under applicable requirements of written requirements for a new permit section 775.13(a), any administrative findings for the permit have also been application under IAC 27–40.31(207, review decision (including met’’) clearly requires that new findings 27–40.33(207), 27–40.34(207), 40–27.35 administrative review of any permit be written (if applicable) for approval of or .37(207), 27–40.36 or .38(207), and 17462 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 27–40.39(207). Under IAC 27–40.4(207) to be complete before being considered OSM’s time and distance and 27–40.31(207), this would include ‘‘filed.’’ requirements at 30 CFR 816.101 were the requirement that increases in permit In the absence of any contrary suspended on July 31, 1992 (57 FR area (other than IBR’s) be made by indication in the Federal regulations, 33874). Therefore OSM must evaluate means of an ‘‘administratively complete the concept of requiring a determination State time and distance requirements application.’’ of completeness before considering a against the general contemporaneous The Federal regulations at 30 CFR bond release application ‘‘filed’’ would reclamation requirements of 30 CFR 774.13(d) provide that any extension to not be considered inconsistent with 816.100. This regulation requires that all the permit area, except IBR’s, shall be those Federal regulations, providing reclamation efforts (including made by application for a new permit. other aspects of the bond release process backfilling, grading, topsoil The Federal regulations provide no are not adversely affected. One such replacement, and revegetation) on all guidance as to what constitutes an aspect to be considered is the land that is disturbed by surface mining ‘‘incidental’’ boundary revision. procedural protection afforded operators activities shall occur as Iowa’s proposal, under OSM’s by assuring them of timely decisions on contemporaneously as practicable with interpretation stated above, would bond release applications. Iowa’s mining operations (except when require additions other than IBR’s to be proposal, by providing a maximum of variances are granted for concurrent made by application for a new permit. 30 days for Iowa to make a surface and underground mining It places an upper limit on the amount determination of completeness, activities). of area that may be added by IBR’s and provides assurance that decisions on As noted above, Iowa’s proposal requires that IBR’s be contiguous to the bond release applications will not be incorporates the general permit; these proposed requirements unduly delayed. contemporaneous reclamation add specificity to aid Iowa in Further, OSM believes that this requirement of 30 CFR 816.100 by determining what constitutes an reference. The additional proposed time proposal will assist Iowa in the efficient ‘‘incidental’’ boundary revision. For and distance requirements provide administration of its program, and may these reasons the Director finds additional specificity to one aspect of also serve the interests of operators in proposed IAC 27–40.32(3)e. to be the general requirement and is not obtaining bond releases: if incomplete consistent with the Federal regulations inconsistent with the general applications are entered into the strict at 30 CFR 774.13(d) in meeting requirement. Regarding Iowa’s intention time frames of these procedures, there SMCRA’s requirements, and is to specify time and distance standards may not be sufficient time to resolve all approving the proposal. only for area mining, OSM is aware that problems before a decision must be all recent coal mining in Iowa has been 6. IAC 27–40.51(7). Time Requirements rendered, resulting in the automatic area mining, and because of the geology for Processing of Bond Release denial of the application. This would Applications and geography of Iowa’s coal fields it is require the operator to file a new likely that only area mining will occur At IAC 27–40.51(7), Iowa previously application, which would delay the in the near future. Should any other proposed to modify 30 CFR 800.40(a)(2) potential bond release and create an type of surface mining occur, it would (as incorporated by reference) by additional unnecessary workload for still be subject to the general requiring the regulatory authority to both the regulatory authority and the requirement of 30 CFR 816.100, which determine that an application for bond operator. is consistent with the current Federal release is complete before the bond Based on the above discussion, the regulations (given that § 816.101 is release application is advertised. OSM Director finds that Iowa’s proposal at suspended). did not approve that proposal because it IAC 27–40.51(7) is not inconsistent with Based on the above discussion, the would create conflicts with other the Federal regulations at 30 CFR Director finds Iowa’s proposal at IAC required time frames in the processing 800.40, and is approving the proposal. 27–40.63(2) to be consistent with the of bond release applications (see 59 FR 7. IAC 27–40.63(2). Backfilling & Federal regulations at 30 CFR 816.100, 5709, 5718; February 8, 1994; Finding Grading: Time and Distance and is approving the proposal. The No. 22). Requirements Director further notes that the Iowa now proposes to delete that incorporation by reference of 30 CFR unapproved modification of 30 CFR Iowa proposes to incorporate by 816.100 requires that topsoil 800.40(a)(2); thus, under IAC 27– reference 30 CFR 816.100 and delete the replacement occur as 40.51(207), 30 CFR 800.40(a)(2) would incorporation by reference of 816.101 contemporaneously as practicable with be incorporated without modification. (both as in effect on July 1, 1992), and mining operations, and thus satisfies the Iowa further proposes to add a new rule add that the following shall apply: required amendment codified at 30 CFR at IAC 27–40.51(7) which would rough backfilling and grading for surface 915.16(b)(2) that was imposed on provide that an application for bond mining activities shall be completed February 8, 1994 (59 FR 5709, 5723). release will not be considered filed until within 180 days following coal removal, Therefore the Director is removing this a written determination of completeness and not more than four spoil ridges requirement. for the bond release application has behind the pit being worked (spoil from been provided to the applicant by Iowa, the active pit constituting the first 8. IAC 27–40.74(3). Alternate and would further provide that Iowa ridge); except that Iowa may extend the Enforcement will make a determination of time allowed for the entire permit area Iowa proposes to revise existing completeness within 30 days of receipt. or for a specified portion of it if the incorrect cross-references to the Iowa Under the Federal regulations at 30 permittee demonstrates (in accordance Code that in this rule replace the cross- CFR 800.40, the starting point for all with IAC 27–40.36 [30 CFR references to SMCRA in Iowa’s time requirements related to processing 780.18(b)(3)]) that additional time is incorporation by reference of 30 CFR bond release applications is the date a necessary. Iowa adds in a narrative note 845.15(b)(2). Specifically, Iowa proposes bond release application is ‘‘filed;’’ but to the submittal that it intends to adopt to replace (in its incorporation of 30 no clarification is provided regarding time and distance standards only for CFR 845.15(b)(2) by reference) SMCRA whether an application must be found area mining. Section 518(e) with Iowa Code Section Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17463 207.15(6), SMCRA Section 518(f) with regulatory authority, significantly Chapter VII and a timetable for Iowa Code Section 207.15(7), SMCRA change the effect that mining operations enactment that is consistent with Iowa’s Section 521(a)(4) with Iowa Code would have on cultural resources established administrative or legislative Section 207.14(3), and SMCRA Section (Administrative Record No. IA–404). procedures. 521(c) with Iowa Code Section OSM forwarded the suggestion to Iowa The Director approves the rules as 207.14(8). in the issue letter dated October 3, 1994 proposed by Iowa with the provision The Director finds that Iowa has cited (Administrative Record No. IA–407). that they be fully promulgated in the correct Iowa Code counterparts to Iowa included this suggestion in its identical form to the rules submitted to the cited SMCRA Sections, and that the revised amendment dated November 8, and reviewed by OSM and the public. proposal is thus no less effective than 30 1994 (Administrative Record No. IA– CFR 845.15(b)(2) in meeting SMCRA’s 408). The Director is approving this The Federal regulations at 30 CFR requirements, and is approving the proposed definition, as discussed in Part 915, codifying decisions concerning proposal. The Director further notes that Finding No. 5.b above. the Iowa program, are being amended to this approval fulfills the required implement this decision. This final rule amendment codified at 30 CFR 2. Federal Agency Comments is being made effective immediately to 915.16(b)(3) that was imposed on Pursuant to 732.17(h)(11)(i), OSM expedite the State program amendment February 8, 1994 (59 FR 5709, 5723). solicited comments on the proposed process and to encourage States to bring Therefore the Director is removing this amendment from various Federal their programs into conformity with the requirement. agencies with an actual or potential Federal standards without undue delay. interest in the Iowa program. No Consistency of State and Federal 9. IAC 27–40.75(2). Definition of comments were received. standards is required by SMCRA. ‘‘Violation, Failure, or Refusal’’ Iowa proposes to replace the 3. Environmental Protection Agency VI. Procedural Determinations (EPA) Concurrence and Comments definition of ‘‘violation, failure, or 1. Executive Order 12866 refusal’’ in the Federal regulations at 30 Pursuant to 30 CFR 732.17(h)(11)(ii), CFR 846.5 with a new definition that is OSM is required to solicit the written This rule is exempted from review by substantively the same as the Federal concurrence of EPA with respect to the Office of Management and Budget definition, with one exception. The those provisions of the proposed (OMB) under Executive Order 12866 second part of the Federal definition program amendment that relate to air or (Regulatory Planning and Review). includes failure or refusal to comply water quality standards promulgated with certain orders, but excludes orders under the authority of the Clean Water 2. Executive Order 12778 issued under SMCRA Sections 518(b) or Act (33 U.S.C. 1251 et seq.) or the Clean The Department of the Interior has 703. Iowa’s corresponding statutory Air Act (42 U.S.C. 7401 et seq.). None conducted the reviews required by provisions (Iowa Code sections 207.15 of the revisions that Iowa proposed to section 2 of Executive Order 12778 and 207.28, respectively) do not make in its amendment pertain to air or (Civil Justice Reform) and has specifically refer to the issuance of water quality standards. Therefore, OSM determined that this rule meets the ‘‘orders.’’ Therefore in this proposed did not request EPA’s concurrence. applicable standards of subsections (a) definition, Iowa has replaced citations Pursuant to 732.17(h)(11)(i), OSM and (b) of that section. However, these to its statute with citations to its solicited comments on the proposed standards are not applicable to the implementing rules (IAC 27–40.74(7) amendment from EPA (Administrative actual language of State regulatory and 27–40.7(207)), since these Record No. IA–400). EPA did not programs and program amendments implementing rules do specifically refer respond to OSM’s request. since each such program is drafted and to orders issued by Iowa. This 4. State Historic Preservation Officer promulgated by a specific State, not by replacement of statutory citations with (SHPO) and the Advisory Council on OSM. Under sections 503 and 505 of regulatory citations renders Iowa’s Historic Preservation (ACHP) SMCRA (30 U.S.C. 1253 and 12550) and proposed definition substantively the the Federal regulations at 30 CFR Pursuant to 30 CFR 732.17(h)(4), OSM same as the Federal definition. 730.11, 732.15, and 732.17(h)(10), solicited comments on the proposed Therefore the Director is approving the decisions on proposed State regulatory amendment from the SHPO and ACHP proposal. programs and program amendments (Administrative Record No. IA–400). submitted by the States must be based IV. Summary and Disposition of Neither SHPO nor ACHP responded to solely on a determination of whether the Comments OSM’s request. submittal is consistent with SMCRA and Following are summaries of all V. Director’s Decision its implementing Federal regulations substantive written comments on the and whether the other requirements of proposed amendment that were Based on the above findings, the 30 CFR Parts 730, 731, and 732 have received by OSM, and OSM’s responses Director approves Iowa’s proposed been met. to them. amendment as submitted on April 13, 1994, and as revised on November 8, 3. National Environmental Policy Act 1. Public Comments 1994. In response to OSM’s invitation of In accordance with 30 CFR No environmental impact statement is public comments, the State Historical 732.17(f)(1), the Director is also taking required for this rule since section Society of Iowa responded on June 17, this opportunity to clarify in the 702(d) of SMCRA (30 U.S.C. 1292(d)) 1994, with a suggestion that Iowa’s required amendment section at 30 CFR provides that agency decisions on proposed definition of ‘‘significant 915.16 that, within 60 days of the proposed State regulatory program departure’’ (at proposed IAC 27– publication of this final rule, Iowa must provisions do not constitute major 40.32(2)) be revised to include any either submit a proposed written Federal actions within the meaning of change in the permit area, mining amendment, or a description of an section 102(2)(C) of the National method, or reclamation procedure amendment to be proposed that meets Environmental Policy Act (42 U.S.C. which would, in the opinion of the the requirements of SMCRA and 30 CFR 4332(2)(C)). 17464 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 4. Paperwork Reduction Act April 13, 1994, and as revised on SUMMARY: NMFS issues the final This rule does not contain November 8, 1994, are approved specifications for the 1995 fishing year information collection requirements that effective April 6, 1995: for Atlantic mackerel, squid, and require approval by OMB under the IAC 27–40.3(207), general provisions butterfish. This action complies with Paperwork Reduction Act (44 U.S.C. of regulatory program; 27–40.4(9), the regulations governing this fishery, 3507 et seq.). definition of ‘‘previously mined area;’’ which require NMFS to publish annual specifications. 5. Regulatory Flexibility Act 27–40.31(14), requirements for permits and permit processing; 27–40.32(207), EFFECTIVE DATE: April 5, 1995. The Department of the Interior has revisions, amendment, renewal, ADDRESSES: Copies of the determined that this rule will not have transfer, sale, assignment of permit; 27– a significant economic impact on a Environmental Assessment are available 40.51(7), bond release applications; 27– from the Northeast Regional Office, substantial number of small entities 40.63(20), backfilling and grading, time under the Regulatory Flexibility Act (5 National Marine Fisheries Service, 1 and distance requirements; 27–40.74(3), Blackburn Drive, Gloucester, MA 01930. U.S.C. 601 et seq.). The State submittal alternate enforcement; and 27–40.75(2), that is the subject of this rule is based Copies of the Mid-Atlantic Fishery definition of ‘‘violation, failure, or Management Council’s quota paper and upon counterpart Federal regulations for refusal.’’ which an economic analysis was recommendations are available from prepared and certification made that 3. Section 915.16 is revised to read as David R. Keifer, Executive Director, such regulations would not have a follows: Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, significant economic effect upon a § 915.16 Requried program amendments. substantial number of small entities. 300 South New Street, Dover, DE 19901. Accordingly, this rule will ensure that Pursuant to 30 CFR 732.17(f)(1), Iowa is required to submit to OSM by the FOR FURTHER INFORMATION CONTACT: existing requirements previously Hannah Goodale, 508–281–9101. promulgated by OSM will be specified date the following written, implemented by the State. In making the proposed program amendment, or a SUPPLEMENTARY INFORMATION: determination as to whether this rule description of an amendment to be Regulations implementing the Fishery would have a significant economic proposed that meets the requirements of Management Plan for the Atlantic impact, the Department relied upon the SMCRA and 30 CFR Chapter VII and a Mackerel, Squid, and Butterfish data and assumptions for the timetable for enactment that is Fisheries (FMP) prepared by the Mid- counterpart Federal regulations. consistent with Iowa’s established Atlantic Fishery Management Council administrative or legislative procedures. appear at 50 CFR part 655. These List of Subjects in 30 CFR Part 915 [FR Doc. 95–8465 Filed 4–5–95; 8:45 am] regulations require NMFS to publish a Intergovernmental relations, Surface document specifying the initial annual BILLING CODE 4310±05±M mining, Underground mining. amounts of the initial optimum yield Dated: March 31, 1995. (IOY), as well as the amounts for Russell F. Price, allowable biological catch (ABC), DEPARTMENT OF COMMERCE domestic annual harvest (DAH), Acting Assistant Director, Western Support Center. domestic annual processing (DAP), joint National Oceanic and Atmospheric venture processing (JVP), and total For the reasons set out in the Administration allowable levels of foreign fishing preamble, Title 30, Chapter VII, (TALFF) for the species managed under 50 CFR Part 655 Subchapter T of the Code of Federal the FMP. No reserves are permitted Regulations is amended as set forth under the FMP for any of these species. below: [Docket No. 950118018±5083±02; I.D. 111494E] Procedures for determining the initial annual amounts are found in § 655.22. PART 915ÐIOWA RIN 0648±XX02 These specifications are unchanged 11. The authority citation for Part 915 from the proposed specifications that continues to read as follows: Atlantic Mackerel, Squid, and were published in the Federal Register Butterfish Fisheries; Final 1995 Authority: 30 U.S.C. 1201 et seq. on January 26, 1995 (60 FR 5162). No Specifications 2. Section 915.15 is amended by public comments were received revising the heading and by adding AGENCY: National Marine Fisheries concerning the proposed specifications. paragraph (k) to read as follows: Service (NMFS), National Oceanic and After consideration of all relevant data, Atmospheric Administration (NOAA), NMFS has made a final determination of § 915.15 Approval of amendments to the Commerce. the initial amounts for each species. The Iowa regulatory program. following table contains the final 1995 ACTION: Final specifications for the 1995 initial specifications for Atlantic * * * * * Atlantic mackerel, squid, and butterfish (k) Revisions to and/or addition of the mackerel, Loligo and Illex squids, and fisheries. following rules, as submitted to OSM on butterfish. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17465 FINAL INITIAL SPECIFICATIONS FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR THE FISHING YEAR JANUARY 1 THROUGH DECEMBER 31, 1995 (MT) Squid Specifications Atlantic Butterfish Loligo Illex Mackerel Max OY 1 ...... 44,000 30,000 2 N/A 16,000 ABC 3 ...... 36,000 30,000 850,000 16,000 IOY ...... 36,000 30,000 4 100,000 10,000 DAH ...... 36,000 30,000 5 100,000 10,000 DAP ...... 36,000 30,000 50,000 10,000 JVP ...... 0 0 35,000 0 TALFF ...... 0 0 0 0 1 Max OY as stated in the FMP. 2 Not applicable; see the FMP. 3 IOY can rise to this amount. 4 This specification may be increased to 134,000 mt, the long-term potential catch for the Atlantic mackerel fishery. 5 Contains 15,000 mt projected recreational catch based on the formula contained in the regulations (50 CFR part 655). NMFS also announces the four special 50 CFR Part 672 Conservation and Management Act. conditions put forth for public comment Fishing by U.S. vessels is governed by [Docket No. 950206041±5041±01; I.D. that would affect any foreign joint 033195A] regulations implementing the FMP at 50 venture fishery for Atlantic mackerel, CFR parts 620 and 672. should one occur in 1995: (1) River Groundfish of the Gulf of Alaska; In accordance with § 672.20(c)(1)(ii), herring bycatch south of 37°30′ N. lat. Prohibit Retention of Pacific Cod the allocation of Pacific cod total may not exceed 0.25 percent of the over- allowable catch (TAC) for the inshore AGENCY: National Marine Fisheries the-side transfers of Atlantic mackerel; component in the Western Regulatory Service (NMFS), National Oceanic and Area, GOA, was established by the final (2) the Director, Northeast Region, Atmospheric Administration (NOAA), NMFS (Regional Director) should do 1995 specifications of groundfish (60 FR Commerce. 8470, February 14, 1995), as 18,090 everything within his power to reduce ACTION: Closure. impacts on marine mammals in metric tons (mt). The Director, Alaska Region, NMFS, prosecuting the Atlantic mackerel SUMMARY: NMFS is prohibiting retention has determined, in accordance with fisheries; (3) IOY may be increased of Pacific cod by vessels catching Pacific cod in the Western Regulatory Area of § 672.20(c)(3), that the allocation of during the year, but the total should not Pacific cod TAC specified for the exceed 134,000 mt; and (4) applications the Gulf of Alaska (GOA) for processing by the inshore component. NMFS is inshore component in the Western from any given nation for a joint venture Regulatory Area, GOA, has been for 1995 will not be decided on until the requiring that catches of Pacific cod by these vessels in the Western Regulatory reached. Therefore, NMFS is requiring Regional Director determines, based on that further catches of Pacific cod by an evaluation of performances, that the Area be treated in the same manner as prohibited species and discarded at sea operators of vessels catching Pacific cod nation’s purchase obligations for with a minimum of injury. This action for processing by the inshore previous years have been fulfilled. is necessary because the allocation of component in the Western Regulatory There were no comments received Pacific cod specified for the inshore Area in the GOA, be treated as regarding these conditions. component in this area has been prohibited species in accordance with § 672.20(e). Classification reached. EFFECTIVE DATE: 12 noon, Alaska local Classification This action is authorized by 50 CFR time (A.l.t.), March 31, 1995, until 12 part 655. This action is taken under 50 CFR midnight, A.l.t., December 31, 1995. 672.20 and is exempt from review under These final specifications are exempt FOR FURTHER INFORMATION CONTACT: E.O. 12866. from review under E.O. 12866. Andrew N. Smoker, 907–586-7228. Authority: 16 U.S.C. 1801 et seq. Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive Dated: March 31, 1995. Dated: March 30, 1995. economic zone is managed by NMFS David S. Crestin, Samuel W. McKeen, according to the Fishery Management Acting Director, Office of Fisheries Acting Assistant Administrator for Fisheries, Plan for Groundfish of the Gulf of Conservation and Management, National National Marine Fisheries Service. Alaska prepared by the North Pacific Marine Fisheries Service. [FR Doc. 95–8499 Filed 4–5–95; 8:45 am] Fishery Management Council under [FR Doc. 95–8390 Filed 3–31–95; 4:09 pm] BILLING CODE 3510±22±W authority of the Magnuson Fishery BILLING CODE 3510±22±F 17466 Proposed Rules Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 This section of the FEDERAL REGISTER page number of this issue of the Federal locally administers the order, and other contains notices to the public of the proposed Register. Exceptions will be made interested parties. issuance of rules and regulations. The available for public inspection in the The Board’s proposed amendments purpose of these notices is to give interested Office of the Hearing Clerk during would: (1) Increase its membership by persons an opportunity to participate in the regular business hours. two positions and change Board rule making prior to the adoption of the final rules. FOR FURTHER INFORMATION CONTACT: nomination, selection, and operation Kathleen M. Finn, Marketing Specialist, procedures; (2) change the term of office Marketing Order Administration of its members from one to three years, DEPARTMENT OF AGRICULTURE Branch, Fruit and Vegetable Division, and limit the tenure of Board members; AMS, USDA, room 2523–S, (3) change the definitions of Agricultural Marketing Service Washington, D.C. 20250–0200; ‘‘cooperative handler,’’ ‘‘to handle,’’ telephone: (202) 720–1509, or FAX (202) ‘‘settlement weight,’’ ‘‘crop year’’ and 7 CFR Part 981 720–5698; or Martin Engeler, Assistant ‘‘trade demand’’; (4) require handlers of [Docket Nos. AO±214±A7; FV93±981±1] Officer-In -Charge, California Marketing California almonds to maintain program Field Office, Marketing Order records in the State of California; (5) Almonds Grown in California; Administration Branch, Fruit and change its advertising assessment credit Recommended Decision and Vegetable Division, AMS, USDA, 2202 program to allow credit for certain Opportunity To File Written Exceptions Monterey Street, suite 102–B, Fresno, advertising costs incurred by handlers to Proposed Further Amendment of California 93721; (209) 487–5901 or not previously authorized; (6) require Marketing Agreement and Order No. FAX (209) 487–5906. handlers to pay interest and/or late 981 SUPPLEMENTARY INFORMATION: Prior payment charges for past due documents in this proceeding: Notice of assessments; (7) provide for continuance AGENCY: Agricultural Marketing Service, referenda every five years; (8) require USDA. Hearing issued on August 3, 1993, and published in the August 17, 1993, issue handlers to submit grower lists; and (9) ACTION: Proposed rule and opportunity of the Federal Register (58 FR 43565). allow multi-year contracting. to file exceptions. This administrative action is governed Five persons submitted additional proposals related to continuance SUMMARY: This recommended decision by the provisions of sections 556 and 557 of Title 5 of the United States Code referenda, Board composition and invites written exceptions on proposed nomination procedures, organic amendments to the marketing agreement and, therefore, is excluded from the requirements of Executive Order 12866. almonds, regulatory provisions, and order for almonds grown in the advertising and promotion, assessments, State of California. The proposed Preliminary Statement compliance audits, the definition of amendments would: Amend five Notice is hereby given of the filing grower, and research and reserve existing definitions in the order; revise with the Hearing Clerk of this operations. board representation, nomination recommended decision with respect to At the hearing, Mr. Brian C. Leighton, procedures, terms of office, quorum and the proposed further amendment of on behalf of Cal-Almond, Inc., withdrew qualification procedures, voting and Marketing Agreement and Order No. five of his proposals that were listed as tenure requirements; modify creditable 981, regulating the handling of almonds proposal numbers 27, 30, 32, 33, and 38 advertising provisions; revise volume grown in California, and the in the Notice of Hearing. In addition, control procedures; require handlers to opportunity to file written exceptions there was no evidence provided with maintain records in the State of thereto. Copies of this decision can be respect to proposal numbers 42, 43, and California; authorize interest or late obtained from Kathleen M. Finn or 45 as listed in the Notice of Hearing. payment charges on assessments paid Martin Engeler whose addresses are Therefore, these proposals are not late; provide for periodic continuance listed above. included in this Recommended referenda; authorize exemptions for This action is issued pursuant to the Decision. organic almonds from certain program provisions of the Agricultural Marketing The Notice of Hearing also included requirements; and make necessary Agreement Act of 1937, as amended (7 proposals by the Fruit and Vegetable conforming changes. These proposed U.S.C. 601 et seq.), hereinafter referred Division, Agricultural Marketing Service amendments are designed to improve to as the ‘‘Act,’’ and the applicable rules (AMS), U.S. Department of Agriculture, the administration, operation and of practice and procedure governing the to make such changes as are necessary functioning of the California almond formulation of marketing agreements to the order, if any or all of the above marketing order program. and orders (7 CFR part 900). amendments are adopted, so that all of DATES: Written exceptions must be filed The proposed amendment of its provisions conform with the by May 8, 1995. Marketing Agreement and Order No. proposed amendment. The Department ADDRESSES: Written exceptions should 981 is based on the record of a public also proposed that continuance be filed with the Hearing Clerk, U.S. hearing held in Modesto, California, on referenda be conducted on a periodic Department of Agriculture, room 1079– November 3, 4 and 5, 1993. Notice of basis consistent with the Department’s S, Washington, DC 20250–9200, this hearing was published in the policy guidelines. Facsimile number (202) 720–9776. Four Federal Register on August 17, 1993. At the conclusion of the hearing the copies of all written exceptions should The notice of hearing contained several Administrative Law Judge fixed be submitted and they should reference proposals submitted by the Almond February 28, 1994, as the final date for the docket numbers and the date and Board of California (Board), which interested persons to file proposed Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17467 findings and conclusions or written marketing order to the benefit of the incurred by handlers to comply with arguments and briefs based on the industry. this amendment. evidence received at the hearing. The The proposed amendment to revise The proposed amendment to add following persons submitted Board representation would increase the interest or late payment charges on documents: Mr. Robert J. Crockett, Board’s size by allowing two additional assessments paid late would encourage Attorney for the Board; Ms. Suzanne grower members to serve on the Board. handlers to pay their assessments on Vaupel, Attorney representing several This would increase grower time. Assessments not paid promptly organic almond growers; and Mr. Steven representation on the Board from five to add an undue burden on the Board W. Easter, Vice President of Blue seven and allow more grower input into because the Board has ongoing projects Diamond Growers. Board decisions. The quorum size and programs funded by assessments would also be increased to correspond that are functioning throughout the year. Small Business Considerations with the increase in Board size. The The addition of such a penalty is In accordance with the provisions of change to the nomination procedures consistent with standard business the Regulatory Flexibility Act (RFA), the would require Board nominees to be practices. Administrator of the AMS has nominated by January 20 rather than The proposed amendment to provide determined that this action would not April 20 as currently provided. This for periodic continuance referenda have a significant economic impact on would ensure that the new Board is would allow growers the opportunity to a substantial number of small entities. seated prior to meetings where vote on whether to continue the Small agricultural producers have been important decisions are made for the operation of the almond marketing defined by the Small Business following crop year. These proposed order. Administration (SBA) (13 CFR 121.601) amendments are designed to improve The proposed amendment to allow as those having annual receipts of less grower representation on the Board and handlers to sell their reserve almonds than $500,000. Small agricultural allow the Board to function more and the accompanying reserve service firms, which include handlers efficiently. obligation to other handlers would help regulated under the order, are defined as The proposed amendment to change facilitate the operation of the reserve those with annual receipts of less than the Board members’ term of office from program by providing handlers more $5,000,000. one-year to three-year staggered terms flexibility. The purpose of the RFA is to fit would allow more continuity on the The proposed amendment to exempt regulatory actions to the scale of Board. This would allow the Board to organic almonds from certain program business subject to such actions so that focus more on long-term strategic goals requirements would provide the organic small businesses will not be unduly or and develop long-term approaches to segment of the industry more flexibility disproportionately burdened. Interested problems in the industry. in marketing and selling their product. persons were invited to present The proposed amendment to require The proposed amendment would evidence at the hearing on the probable those persons nominated to the Board to authorize organic almond handlers to be regulatory and informational impact of qualify prior to their selection to the exempt from reserve requirements and the proposed amendments on small Board is an administrative change. This advertising assessments. Organic businesses. The record indicates that change would allow the selection growers and handlers demonstrated at handlers would not be unduly burdened process to take place in a more timely the hearing that certain current by any additional regulatory manner. The proposed amendment to marketing order provisions do not take requirements, including those add tenure requirements for Board into account marketing differences pertaining to reporting and members would allow more persons the between certified organic almonds and recordkeeping, that might result from opportunity to serve as members on the conventional almonds. this proceeding. Board. It would provide opportunity for All of these changes are designed to During the 1993–94 crop year, new ideas and approaches to issues that enhance the administration and approximately 115 handlers were the Board addresses each year. functioning of the marketing agreement regulated under Marketing Order No. The proposed amendment to the and order to the benefit of the industry. 981. In addition, there were about 7,000 creditable advertising provisions would Accordingly, the Administrator of AMS producers of almonds in the production provide for expansion of the has determined that the proposed area. The Act requires the application of promotional activities for which revisions of the order would not have a uniform rules on regulated handlers. handlers may receive credit-back from significant economic impact on Marketing orders and amendments their assessments. This would allow the handlers and growers. thereto are unique in that they are Board to increase program flexibility for The amendments proposed herein normally brought about through group participating handlers. have been reviewed under Executive action of essentially small entities for The proposed amendment to allow Order 12778, Civil Justice Reform. They their own benefit. Thus, both the RFA the settlement weight for unshelled are not intended to have retroactive and the Act are compatible with respect almonds to be determined on the basis effect. If adopted, the proposed to small entities. of representative samples would be amendments would not preempt any The proposed amendments to the more consistent with current industry State or local laws, regulations, or marketing agreement and order include practices. There would be no increase in policies, unless they present an changes to five definitions in the burden on handlers expected from this irreconcilable conflict with the marketing order. These definitions are proposed amendment. amendments. cooperative handler, to handle, The proposed amendment to require The Act provides that administrative settlement weight, crop year, and trade handlers to maintain records in the proceedings must be exhausted before demand. The changes that are proposed State of California would improve the parties may file suit in court. Under to the definitions are intended to make Board’s administration of the program. section 608c(15)(A) of the Act, any them consistent with current industry It would also allow the Board to have handler subject to an order may file practices. The proposed changes to the the records available to them for with the Secretary a petition stating that definitions are designed to enhance the compliance purposes. It is not expected the order, any provision of the order, or administration and functioning of the that any additional costs would be any obligation imposed in connection 17468 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules with the order is not in accordance with redetermination of kernelweight for handlers to sell reserve almonds and the law and requesting a modification of the unshelled almonds and whether to reserve obligation to other handlers; order or to be exempted therefrom. A eliminate the shelling ratios for (28) Whether to require that the first handler is afforded the opportunity for unshelled almonds; 250,000 pounds of almonds handled by a hearing on the petition. After the (12) Whether to change the deadline a handler be exempt from reserve hearing the Secretary would rule on the date for disposition of reserve almonds; provisions; and petition. The Act provides that the (13) Whether to delete the authority (29) Whether to require incoming district court of the United States in any for the creditable advertising provisions inspections be conducted no later than district in which the handler is an and to modify the generic advertising the last day of February during the then inhabitant, or has his or her principal and promotion program; current crop year. place of business, has jurisdiction in (14) Whether to authorize the Board, Findings and Conclusions equity to review the Secretary’s ruling with the approval of the Secretary, to on the petition, provided a bill in equity reapportion grower and/or handler The findings and conclusions on the is filed not later than 20 days after date member representation on the Board material issues, all of which are based of the entry of the ruling. based on the proportionate amounts of on evidence presented at the hearing In accordance with the Paperwork almonds handled by different segments and the record thereof, are: Reduction Act of 1980 (44 U.S.C. 35), of the industry; Material Issue Number 1 the reporting and recordkeeping (15) Whether additional eligibility requirements should be added for The term ‘‘cooperative handler’’ provisions that are included in the should be amended by referencing the proposed amendments would be grower members on the Board; (16) Whether to require handlers to California Food and Agricultural Code submitted to the Office of Management (California Code) in section 981.14 so and Budget (OMB). The provisions maintain records in the State of California; that cooperative handler would be more would not be effective until receiving clearly defined in the marketing order. OMB approval. (17) Whether to provide handlers advance notice before an audit or Currently, section 981.14 defines Material Issues inspection is performed; cooperative handler as any handler which is a cooperative marketing The material issues of record (18) Whether to require handlers to association of growers regardless of addressed in this decision are as submit to the Board a complete list of where or under what laws it may be follows: growers who have delivered almonds to (1) Whether to revise the existing that handler during that crop year; organized. This definition is used for definition for ‘‘cooperative handler’’; (19) Whether to authorize the Board membership purposes only. (2) Whether to revise the existing imposition of interest and/or late Proponents testified that this definition definition for ‘‘to handle’’; payment charges for assessments that needs to be amended to eliminate any (3) Whether to revise the existing are paid late; misinterpretations or definition for ‘‘settlement weight’’; (20) Whether to authorize payment of misunderstandings by the industry. (4) Whether to revise the existing interest in the event a suit or Therefore, the proponents stated that definition for ‘‘crop year’’ and to change administrative petition on payment of the definition should reference the the date that handler carryover and assessments is successful; California Code which specifically reserve inventory is reported to the (21) Whether to amend the definition defines a cooperative. Record evidence Secretary to be used in fixing the salable of almonds to exempt certified organic supported that the term ‘‘cooperative and reserve percentages; almonds entirely from the marketing handler’’ should be defined in § 981.14 (5) Whether to revise the existing order; to mean any handler as defined in definition for ‘‘trade demand’’; (22) Whether to exempt certified section 981.13 (Handler), and which (6) Whether to increase membership organic almonds from advertising and qualifies for treatment as a non-profit representation on the Board, revise promotion assessments; cooperative association as defined in quorum requirements, allow voting by (23) Whether to require that a section 54001, et seq. of the California facsimile machines, only require the minimum of 25 percent of funds Code. Under this new definition, participation of 10 members when collected for production research organizations would be unable to voting by facsimile machines, telegram projects be spent on research and identify themselves as cooperatives or mail, increase the number of votes development of production methods under the almond marketing order needed for Board actions, and increase which reduce or eliminate the use of unless they meet the specific criteria the number of affirmative votes needed synthetic chemicals in the production contained in the California Code. to make recommendations on reserve and handling of almonds; At the hearing, there was concern policies; (24) Whether to require that almonds about future modifications to the (7) Whether to change the date for grown and sold as ‘‘certified organic California Code which may be submitting nominees for Board almonds’’ be exempt from the reserve unacceptable to the almond industry. membership to the Secretary; provisions; Record testimony indicated that it was (8) Whether to revise the terms of (25) Whether to authorize the Board to more important to develop a concise office and add tenure requirements for enter into contracts for periods up to definition that would help to alleviate members and alternates; five years for services, goods or other current problems the industry is (9) Whether to require a written reasonable expenses; experiencing with misunderstandings acceptance with the background (26) Whether to require that under the current cooperative definition statement from nominees; continuance referenda be conducted on than to be concerned that the State may (10) Whether to expand activities for a periodic basis; develop an unsatisfactory definition of which handlers may receive credit (27) Whether to modify the reserve cooperative at some future date. If the under the credit-back advertising and provisions of the order by eliminating definition of cooperative was amended promotion provisions; the authority requiring reserve almonds by the State and the amendment (11) Whether to revise the provisions to be sold in secondary or market rendered the definition unsatisfactory to regarding the determination and development outlets and by authorizing the Board, it would become necessary to Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17469 amend the marketing order definition functions are regulated. Proponents increased since the inception of the again. In the event the State definition testified that modifying the definition marketing order. Therefore, the number changed but remained satisfactory for would ensure that high quality almonds of inedible kernels has also increased marketing order purposes, a change in are shipped into human consumption and the disposition of inedible kernels the State’s legal citation would still outlets. Proponents testified that has become a major issue for the require a change in the order. Therefore, because the new definition would be industry. Inedible kernel percentages a provision is recommended to be added clear, certain hullers and shellers would are not currently deducted from the to the amendatory language to allow the be aware that they are subject to gross weight in determining settlement Board, with the approval of the regulation under the marketing order. weight. This amendment is intended to Secretary, to modify the definition Because of this, the number of almond allow handlers to deduct inedible through informal rulemaking if the handlers regulated under the marketing kernels in settlement weight cooperative handler definition is order may be increased by this calculations and thereby, more changed by California. This would amendment, but the increase is not accurately reflect the marketable allow the Board to change the definition expected to be significant. This proposal quantity of almonds purchased by without going through the formal is not intended to bring all hullers- handlers. rulemaking process. This proposed shellers under the authority of the This proposed amendment is amendment is therefore recommended marketing order, but only those that recommended. with the above modifications. perform handling functions by placing Material Issue Number 4 almonds into human consumption Material Issue Number 2 outlets. In § 981.19, the term ‘‘crop year’’ The term ‘‘to handle’’ in § 981.16 The proponents also intended that should be amended from ‘‘July 1 should be amended to mean to growers not be considered handlers through June 30’’ to ‘‘August 1 through commercially use almonds of own unless they prepare the almonds into a July 31’’ in order to more accurately production or to sell, consign, transport form ready for human consumption. In reflect industry harvesting and or ship or in any other way to put cases where growers deliver field run marketing activities. This change should almonds grown in the area of almonds to another entity, the Board also be made for handler recordkeeping production into any channel of trade for wants to clarify that the entities that purposes. human consumption worldwide. receive such almonds from growers and If this proposal becomes effective, the Currently, § 981.16 defines ‘‘to sell those almonds into human proponents suggest having one 13- handle’’ to mean ‘‘to use almonds consumption channels are considered month fiscal year in the first year after commercially of own production or to handlers under the marketing order. implementation of the amendment to sell, consign, transport, ship (except as This proposed amendment is provide for a smooth transition of the a common carrier of almonds owned by recommended. modification. Almonds are normally another person) or in any other way to harvested and received by handlers put into channels of trade, either within Material Issue Number 3 between August and November. Record the area of production or from such area The definition of the term ‘‘settlement evidence indicated that there was to points outside thereof, or to receive weight’’ should be amended in § 981.18 concern that, in the past, almonds were as the first receiver thereof at any point to allow adjustments in settlement occasionally harvested as early as July. of entry in the United States and Puerto weight for inedible kernels. The Board representatives were Rico, almonds which have been The current section defines settlement questioned as to what effects early crop exported therefrom and are submitted weight as the actual gross weight of any almonds would have on the change in for reentry or are reentered free of lot of almonds received for the handler’s fiscal year. For example, if a reserve was duty * * *’’. own account, less adjustments for anticipated for the following crop year, At the hearing, proponents testified weight of containers, for excess a handler may wish to have July that the current definition should be moisture, and for trash or other foreign almonds apply to the previous crop year amended to conform to the present state material of any kind. There is no to avoid subjecting those almonds to of the industry and to ensure that some adjustment specified for inedible reserve requirements. The same entities not normally considered kernels. situation could apply if the assessment handlers who may sell almonds to Handlers report to the Board the rate was raised. A handler could have channels of human consumption are almonds they receive from growers in July almonds apply to the previous crop subject to regulation. terms of settlement weight. If settlement year to avoid paying a higher This proposed amendment intends to is made on shelled almonds, the assessment. clarify the current definition to insure settlement weight equals the A statistical table submitted by the that entities whose primary function is kernelweight. If settlement is made on Department showed that for the past 12 to remove hulls and shells from unshelled almonds, the settlement years, no almond receipts were listed in almonds (hullers and shellers) who weight is converted to a kernelweight July, even in a year where almonds were retain some of the growers’ almonds and basis in accordance with § 981.60 of the harvested in July. A Board sell them into human consumption order. Volume regulations and other representative stated that, in those channels are subject to marketing order order obligations are imposed on situations, the almonds were held in a regulations for those almonds sold to handlers on the basis of kernelweight. handler’s plant and not inspected until human consumption channels. These Thus, the settlement weight of almonds August, so therefore they were not hullers and shellers are currently received impacts a handler’s reserve reported as received until August. This performing a handling function by obligations. Such obligations do not representative stated that, in the rare taking title to the almonds and are accrue on those items deducted from the instance that almonds would be covered under the current definition. actual gross weight of the almonds harvested in July, the almonds should However, the proponents believed that received (e.g., trash and other foreign be considered new crop almonds and further clarification to the definition is material). held until August. However, it also was needed in order to insure that hullers Evidence at the hearing indicated that stated that under the proposed order and shellers that perform handling almond production has dramatically amendment, July almonds would be 17470 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules considered as applying to the current which estimates of handler carryover independent handlers) who through crop year and handlers could use that to and reserve inventory must be March 31 of the then current crop year their advantage by processing almonds calculated from July 1 to July 31. The handled more than 50 percent of the in July and not subjecting them to a above modifications have been made by crop, and one member representing reserve if a reserve was recommended the Department. growers whose almonds were handled for the next crop year. It was stated that through the handler group that handled Material Issue Number 5 there was nothing in the proposal to more than 50 percent of the crop. prevent that situation from occurring. The definition of ‘‘trade demand’’ Record evidence indicated that One independent handler’s should be amended in § 981.21 to adding one additional grower representative stated that his client remove the option of not including representing cooperative handlers and would be the first to report almonds in exports as part of the trade demand. one additional grower representing July if it meant being able to avoid a Currently, the term ‘‘trade demand’’ independent handlers would increase reserve. Record evidence indicated that means the quantity of almonds which grower representation on the Board. the amendatory language proposed by commercial distributors and users such This would allow additional grower the Board should be modified to correct as the wholesale, chain store, input in Board decisions. the potential for problems relating to confectionery, bakery, ice cream, and The date for computing the this situation. Although the record nut salting trades will acquire from all percentage of the crop handled by the indicated no almonds have been handlers during a crop year for entities who handled more than 50 reported in July for several years, the distribution in the United States, Puerto percent of the crop is also being amendatory language has been modified Rico, and the Canal Zone, provided that amended from March 31 to December 31 to correct this potential problem by in recommending the salable and of the then current crop year to allow adding a sentence to the definition reserve percentages for any crop year, more adequate time for the election which states that any new crop year the Board may include, with the process. The election process for almonds harvested prior to August 1 approval of the Secretary, export outlets independent member and alternate would be applied to the next crop year for almonds. Testimony indicated that, member positions on the Board requires for purposes of assessments, quality because of the growth of export markets, that candidates submit their names for control provisions and volume they should be recognized as an integral inclusion on a ballot to be mailed prior regulations. This proposed amendment part of the trade demand for California to a specified date (currently April 20). is recommended. almonds and that this proposal would Handlers then vote for handler members Conforming changes are also more accurately reflect the true and alternates. Each handler vote is necessary to the regulations to conform worldwide nature of today’s almond weighted by the quantity of almonds with the change in crop year. There industry. Statistics presented at the handled in a prior period. Growers vote were three proposals relating to hearing confirmed the growth of the for grower members, with each vote conforming changes in reference to the export market. Record evidence also equal in weight. crop year. One was withdrawn indicated that conforming changes Record testimony and statistical (Proposal No. 22) because it proposed would be necessary to §§ 981.47 and evidence indicated that at least 95 changing § 981.441. Since the 981.66 to correspond with this proposal percent of the crop is harvested by publication of these proposals in the by deleting phrases relating to trade December 31 and modifying the date in Federal Register, this section has been demand including either domestic or this section would have little or no completely modified and no longer domestic plus export. Paragraph (f) of impact on the percentages computed in references any dates relating to the crop § 981.49 should be deleted as it relates determining which group handled more year. It was proposed to amend to the percentage of reserve almonds than 50 percent of the crop for that year. § 981.467 by making a date change to that may be exported. By making export Section 981.40 should be amended by conform with the change in the crop almonds part of trade demand, the revising paragraphs (b) and (c) and year (Proposal No. 23). It was proposed Board’s ability to establish an export amending paragraph (e) by removing the to amend § 981.472 by modifying the percentage is not necessary. This word ‘‘seven’’ and adding in its place reporting periods for reports of almonds proposed amendment is recommended. the word ‘‘eight.’’ This proposal would received to be consistent with the new change the quorum size and the number Material Issue Number 6 crop year calendar (Proposal No. 24). of votes required to recommend certain This proposal was modified at the Sections 981.30 and 981.31 should be activities. Specifically, the proposal hearing to correct an error which amended to increase Board intends that all Board decisions shall be appeared when published. Specifically, representation from 10 to 12 members to as follows: If eight or nine members are at the hearing, the proposal was strengthen the influence of growers on present, six affirmative votes will be clarified to amend paragraph (a) of the Board. Section 981.30 establishes needed to pass an action; if 10 members § 981.472 by removing the dates ‘‘July 1 the number of representatives on the are present, seven affirmative votes will to August 31’’ and adding in their place Board and § 981.31 sets forth the be needed to pass an action; if 11 or 12 ‘‘August 1 to August 31’’ and removing representation of the members. members are present, eight affirmative the dates ‘‘April 1 to June 30’’ and Current Board representation consists votes will be needed to pass an action. adding in their place the dates ‘‘April 1 of two members representing Currently, § 981.40 provides for a to July 31’’. cooperative handlers, two members quorum size of six members and a A conforming change is also representing handlers other than majority vote of the members present to necessary to section 981.73 of the cooperative handlers (independent pass Board recommendations. In marketing order regarding the filing of handlers), two members representing addition, § 981.40(e) provides that seven periodic reports. Testimony confirmed growers who market their almonds affirmative votes are required for Board the intent would be to change the July through cooperative handlers, two recommendations with respect to 15 reporting date to August 15 and the members representing growers who projects pursuant to § 981.41 involving June 30th reporting date to July 31. In market their almonds through production research, marketing research addition, § 981.49(b) should be independent handlers, one member and development projects, and amended by changing the date through representing handlers (cooperative or marketing promotion including paid Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17471 advertising and crediting the pro rata majority to an approximate two-thirds selection with the Secretary from May expense assessment obligation of majority, the testimony in favor of this 20 to February 20. Section 981.33 handlers with such portion of their proposal by the Board, the Processors should also be amended to change the direct expenditures for marketing and Hullers Association and the beginning of the term of office from June promotion including paid advertising. Almond Growers Council strongly 20 to March 1. These proposals are Witnesses testified at the hearing that supports this proposal. As stated intended to ensure that the new Board the change in the quorum size and previously, this proposed amendment members and alternates are seated prior number of votes needed to pass Board will allow for more diverse support for to meetings where important decisions recommendations including those under Board activities and is, therefore, are made for the following crop year. § 981.41 would be needed if the Board recommended as proposed. These issues could relate to setting is increased from 10 to 12 members. Record evidence indicated that the assessment rates, adopting budgets, With the increase in membership from two-thirds voting requirement has been approving production research or 10 to 12 members, the Board believes used by the Board’s public relations and advertising programs or setting a that more stringent quorum size advertising committee and has been reserve. Testimony showed that this requirements would ensure that the successful. The general belief of the proposal would allow new Board almond industry is well represented at committee members is that the members and alternates to be seated by Board meetings. requirement has been very beneficial in March 1, which would help alleviate An opponent testified that the two- helping them reach consensus on major this problem as most of these decisions thirds majority component is issues. are made after March 1 but before June undemocratic because it allows the Section 981.49 should also be 20. minority to effectively have veto power amended to increase the required The above proposed amendments are over a majority of elected number of votes when recommending recommended. representatives. Another opponent saleable and reserve percentages to the testified that because the cooperative Secretary. Material Issue Number 8 segment will always have a minimum of Record evidence indicates that the Section 981.33 should be amended to five votes, it has the ability to block number of affirmative votes required to change the Board members’ terms of Board actions. This witness stated that recommend saleable and reserve office from one year to three year although the independent segment has percentages should be increased from staggered terms to provide continuity of the same ability, history has shown that six to eight. This change would require operation. This section should also be it is rare for the independent segment to more stringent voting requirements for amended to limit these terms to six vote in unison. This witness testified reserve recommendations than those for consecutive years. Currently, Board that since 1950, the cooperative segment other Board actions in some cases. Such members serve for a term of one year voted together on every occasion, except requirements would ensure that broad with no limitations on the number of two. industry support exists for such terms members can serve. The intent of The proponent testified that a two- recommendations. This proposal was one-year terms was to have a Board that thirds requirement would help increase unanimously supported by the Board reflected the current interests and industry cohesion and harmony on and was supported by the Almond wishes of the almond industry. important issues that come before the Growers Council. No opposition Because of the many complex issues Board. The proponent also believes that testimony was presented at the hearing. facing the almond industry today, the almond industry would become Additionally, this proposal addresses testimony indicated that more emphasis stronger as a result of this change as all the issue of voting by methods other should be placed on long-term strategic industry factions would work together than at assembled meetings. Currently, goals. Three year terms for some Board to find common ground. Witnesses § 981.40 states that votes conducted by members would allow the Board the testified that industry unity is a major mail or telegram must be unanimous to opportunity to work together on factor when the Secretary reviews pass an action. Thus, even one negative industry issues and develop long-term recommendations submitted to the vote would cause an action to fail. The approaches. This would also provide Department for action or approval. proposal would add facsimile machines continuity on the Board from one year Although the independent and as a method of voting, and would to the next year. The two new grower cooperative segments have the ability to require 10 affirmative votes out of a positions proposed to be established block Board actions by voting in unison, possible 12 votes on an issue when under this formal rulemaking process neither could alone carry enough votes voting by facsimile machine, telegram or under § 981.31(c) would remain at one- to pass a recommended action under mail for an issue to pass. Record year terms. The record evidence this proposal’s voting requirements. evidence indicated that, in the past, indicated that these two positions are With the two-thirds majority, voting in important Board business was swing positions, which means that they unison by one segment of the industry sometimes delayed by a member failing would be subject to change each year could keep an action from passing. to respond by telegram or mail for an depending on whether the independent However, under a simple majority, one issue to pass. The recommended change handlers or the cooperative handled the segment of the industry would be in a would alleviate this problem and would majority of the tonnage. position to actually pass a Board action increase the Board’s options in voting With this proposal, it is intended that with its seven votes. This could allow outside of assembled meetings. each year the terms of office of three of Board actions and recommendations to These proposed amendments are the members would expire, except every be approved with only the support of recommended. third year when the term of office for one industry segment. four of those members would expire. To Record evidence supports the quorum Material Issue Number 7 accomplish this, initially, three size being increased to a two-thirds Section 981.32 should be amended to members would serve for a term of one majority. Although there was testimony change the nomination deadline for year, three members would serve for a in opposition to increasing the number Board nominees from April 20 to term of two years and four members of votes required to pass Board January 20 and to change the deadline would serve for a term of three years. At recommendations from a simple for presenting the nominees for the time of nomination the Board shall 17472 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules make this designation by lot. To the be elected to serve in a position that has ‘‘shall’’. This would require that only extent practicable, the designations a three-year term. That member could such persons can serve in the grower should be equitable between grower and not then be nominated to another three- and handler positions. This change has handler positions and between year term because the length of service been made to amendatory language. cooperative and independent positions. (eight years) would exceed the term These proposed amendments are The two new grower positions would limitation of six years. recommended. always be for a period of one year. Any member would become ineligible Material Issue Number 10 Nominees for each respective member to serve on the Board after having and alternate position would be chosen served six consecutive years. Such Section 981.41(c) should be amended by ballot delivered to the Board. individuals could again become eligible by revising the last sentence to allow the The modification to section 981.32 to serve on the Board by not serving on Board to expand the range of paid also stated that ‘‘each year the terms of the Board for one full year as a member. advertising activities for which handlers office of one third of the Board shall Since there is no term limitation on may receive credit-back from their expire, except in 1994, when all terms alternate members, a member having advertising assessments. Section of office shall expire, except where served for six consecutive years could 981.41(c) should be amended by otherwise provided.’’ Record testimony serve as a alternate member for a year removing all text following the words revealed that it was not mathematically and be eligible to serve again as a ‘‘15 percent’’ in the last sentence and feasible for one-third of the Board terms member. This limitation on tenure shall removing the colon after ‘‘15 percent’’ to expire since 10 members serve 3 year not include service on the Board prior and adding in its place a period. terms and 2 members serve 1 year terms. to implementation of this amendment. Currently, this provision lists A brief filed by Mr. Robert J. Crockett, These proposed amendments are activities that are not eligible for credit Attorney for the Board, provided a recommended. against a handler’s assessment modification to the amendatory obligation. These activities include Material Issue Number 9 language correcting the mathematical advertising production costs, error as stated above as well as the Section 981.34 should be amended to preparation expenses, travel allowances, reference to 1994. require those persons nominated as other expenses not directly connected Proponents also testified that section Board members or alternate members to with paid space or time, costs relating 981.33 should be amended to require a qualify prior to their selection by the to pretesting of advertising, test term limitation of nine years for Board Secretary by stating that they agree to marketing, directory advertising, point members. Record evidence indicated serve in the capacity for which they of sales materials, premiums and trade that alternate members’ terms of office were nominated. promotion allowances. would not be subject to the nine year Currently, any person selected to be a Hearing testimony indicated that by term limitation. member or alternate member on the expanding the range of activities for It is the Department’s view that a limit Board is required to qualify by filing a which handlers may receive credit back on tenure for Board members would written acceptance with the Secretary from their assessments, the effectiveness improve representation on the Board by after such selection is made. of the industry’s market development allowing for different and more At the hearing, proponents testified efforts will be improved. The proposal contemporary ideas, and that such a that the proposal is designed to remove complements actions taken by the Board limit would be beneficial to the Board’s the possibility that a person who is through informal rulemaking to replace operations. The Department’s policy is unwilling to serve is appointed by the a creditable advertising program with an that a Board member’s consecutive Secretary to the Board. This would be expanded credit-back program. The service be limited to a total of six years. accomplished simply by requiring that proposal is intended to allow for a At the hearing, proponents for the the prospective candidate provide wider range of activities available for nine year tenure limitation testified that background information and at the same credit, thereby, providing handlers, nine years was the Board’s proposal, time advise the Secretary that he or she especially those with no brand name, however, the testimony indicated that agrees to serve in the position for which with additional opportunities. the proponents would not be opposed to nominated. All this information would Testimony against the proposal a six year tenure requirement. Further, be provided to the Department prior to indicated that the new Credit-Back proponents testified that the Board the selection process. This proposal program compels handlers to advertise would not be opposed to the Secretary would allow candidates to be selected to their products and directs handlers extending the term of office limitation the Board in a more timely manner. where and when to advertise almonds. for a member if another qualified Section 981.34 should also be The marketing order does not compel candidate was unable to be found amended to clarify who is eligible to handlers to advertise. The Credit-Back willing to serve. serve in Board positions. Proponents program is a voluntary program that Thus, in conformance with the above testified that the eligibility requirements allows handlers to receive credit-back policy, the Board’s proposal for a tenure for member and alternate members on from their advertising assessment if they limitation of nine years for Board the Board should be clarified to more engage in certain types of promotional members should be modified to six specifically state that grower members activities. The proposed amendment years. Therefore, it is proposed that the and alternates must be growers or would provide authority to expand order be amended to limit the tenure of employees of growers and handler upon an existing program by allowing members to six years. Tenure would not members and alternates must be the Board additional flexibility in apply to alternates. The proposal handlers or employees of handlers. recommending modifications to the intended that a person who has served Section 981.34 currently states only regulations. Therefore, the proposed less than the term amount may not be provisions relative to these persons amendment is recommended. nominated to a new term if the total ceasing to be growers, handlers or consecutive years on the Board at the employees of growers and handlers. Material Issue Number 11 end of that new term would exceed the There was further discussion at the Sections 981.60(b) and 981.61 should tenure. For example, a member could hearing that the intent of the proposal be amended and § 981.62 removed to serve for a two-year term and may then would be to change the word ‘‘may’’ to allow the settlement weight for Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17473 unshelled almonds to be determined on unshelled almonds by using a current industry practices. This the basis of representative samples of representative sample reduced to proposal would also provide that the unshelled almonds reduced to shelled shelled weight. Record evidence December 31 disposition date may be weight. indicated that this amendment would extended by the Board to a later date, if Currently, § 981.60(b) provides that provide that the best and most common necessary, with the Department’s unshelled almonds for which settlement practices are being used for approval. is made on the basis of shelled weight redetermining kernelweight. The proposed amendment is shall be included in the total Finally, the record evidence recommended. kernelweight for any handler at the supported removing § 981.62 from the Material Issue Number 13 settlement weight of such unshelled marketing order. Currently, § 981.62 almonds multiplied by the shelling contains a table of shelling ratios for Sections 981.40 and 981.41 should ratios in § 981.62. Settlement weight is each variety of almonds. These varietal not be amended to delete the authority the weight of almonds that handlers pay shelling ratios are used for computing for the Credit-Back advertising program growers for upon delivery. Record kernelweight for unshelled almonds. under the almond marketing order and evidence indicated that using a Record evidence indicated that these to modify the generic program. In representative sample for determining shelling ratios are no longer necessary to addition, § 981.81 should not be kernelweight is a common industry compute the kernelweight for unshelled amended to conform with the proposal practice. This practice would provide almonds since the proponents have to amend §§ 981.40 and 981.41. A handlers with more accurate recommended using representative proponent of this proposed amendment kernelweight figures. Current procedure samples to compute such weight. Also, testified that the program is under this section requires that shelling the shelling ratios are outdated because unconstitutional and a waste of the ratios be applied to the weight of new varieties of almonds have been growers’ money. The program also unshelled almonds to arrive at a developed since the marketing order’s requires several office hours and many kernelweight. Shelling ratios are promulgation. hours to complete forms to participate established by variety. Proponents testified that the in the program. Further, the proponent Proponents testified that amendments to §§ 981.60, 981.61 and testified that by the time handlers get representative samples would be taken 981.62 are intended to reflect the done wasting their money on the by handlers on almonds received at the industry’s current practices and provide current regulations, they have no funds handler’s premise under the supervision a more accurate kernelweight figure. left to advertise almonds in the way of the Department’s inspection service These proposed amendments are they would prefer. or by the inspectors themselves. A recommended. The proponent testified that other sampling plan would be developed by areas of the Credit-Back program are Material Issue Number 12 the Board each year and would burdensome and wasteful to the prescribe the size of the sample to be Sections 981.66(e) and 981.67 should handlers. One area is that handlers only taken dependent on the actual weight of be amended by changing the disposition receive credit-back for that portion of the load. For example, the plan would date for reserve almonds from the product weight represented by consist of sampling procedures for each September 1 to December 31. Currently, almonds or the handler’s actual handler to use that would coincide with these sections require reserve almonds payment, whichever is less. The the quality of the almond crop for that to be disposed of by handlers by proponent testified that this area of the particular year. Evidence supported an September 1 of the following crop year. Credit-Back program is unfair because appeal process if any handler disagreed If any reserve is remaining after that handlers should be paid back for all with the actual representative sample date, the Board is required to dispose of their advertising since they moved a lot taken. The appeal process would begin the reserve through the most readily of almonds into the marketplace. with the complaint being brought before available reserve outlets. The order also Further, the almond is used as an the quality control committee (a provides that the September 1 date may ingredient product and many handlers subcommittee of the Board). If a handler be extended by the Board to a later date, sell almonds into that market. The did not receive satisfaction through the if necessary. proponent testified that the Board quality control committee, the handler Record evidence indicated that a should not care where the almonds are could then take the complaint to the full December 31 date is a much more sold (e.g., cereals, candy, ice cream, Board. practicable deadline date than the etc.). The Board should only be Evidence also supported amending current date. When the order was first concerned about moving California § 981.61 of the marketing order. promulgated, the almond industry was almonds into the marketplace. Currently, § 981.61 provides that, three much smaller and the majority of the Another area of concern expressed by times during the crop year, the Board crop was sold in the fall. At that time, the proponent was that the government redetermine the kernelweight of there was little need for storage and can dictate to handlers where to almonds received for the purposes of storage techniques did not allow the advertise and where not to advertise, computing each handler’s reserve product to be stored for a long period of where they can get credit and where obligation. Section 981.61 further time. they cannot get credit. provides that the weights used in such Proponents testified that the almond The proponent testified that it is not computations for redetermining the crop today is much larger and storage opposed to the generic advertising kernelweight for unshelled almonds be capabilities allow handlers to store program. However, the witness computed by application of shelling almonds for a year or more. The last two proposed that the Board should not be ratios authorized pursuant to § 981.62. times that an almond reserve was in allowed to engage in promotion directed Proponents testified that this is a effect, the Board recommended that the solely at snack almonds nor should the companion proposal to the issue of September 1 disposition date be primary purpose of any Board determining settlement weight for extended to December 31. The record advertising or promotion be directed for unshelled almonds. Therefore, § 981.61 evidence showed that a December 31 the consumption or sale of snack should be amended to allow the Board disposition date is a more realistic almonds. The proponent testified that to redetermine the kernelweight of deadline for the industry based on 95 to 98 percent of the entire almond 17474 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules production is for ingredient uses and program that allows handlers to receive not be guaranteed five of the 12 seats on not for snack almonds. Therefore, the credit-back from their advertising the Board. The proponent testified that witness testified that Board funds for assessment if they engage in any of a it is no longer democratic to provide the generic program should be spent on broad range of promotional activities. Blue Diamond with five seats on the ingredient use. Research studies show that Board since the industry percentage of Testimony from the opponents at the promotional programs conducted under almonds handled by Blue Diamond has hearing indicated that actions have been the almond marketing order have been decreased. The proponent provided the taken and additional recommendations effective and are a good investment of following example of how the proposal are being made to improve and expand industry funds. The Credit-Back would work: If Blue Diamond handled the promotional activities for which program combined with the Board’s from 45 to 55 percent of the industry handlers may receive credit-back from generic program is a proven method of tonnage, Blue Diamond would have five their assessments. The Credit-Back promoting almonds. The combined seats; 35 to 44.9 percent, Blue Diamond program is an example of an action generic and Credit-Back program would have four seats; 25 to 34.9 which made the program more flexible. administered by the Board recognizes percent, Blue Diamond would have two Another example is the proposal in this the positive aspects of both forms of to three seats. The proponent stated that proceeding to further expand the range promotion and has been proven to be this would prevent a single entity, such of activities for which handlers could successful and responsive to changing as Blue Diamond, from bloc voting on get credit-back by amending Section needs and desires of the industry over Board proposals. The proponent further 981.41(c), thus increasing program time. stated that, currently, Blue Diamond has flexibility for those participating. We agree with the view that the an unfair advantage by being allowed to The opponents further testified that marketing order promotion and always have five seats on the Board. wide-spread industry support exists for advertising provisions should remain as Opponents to this proposal testified the creditable advertising provisions flexible as possible and provide choices that the Board’s proposal to increase the and the authority should remain in the for the Board in determining how best number of members from 10 to 12 order. Opponents stated that this to promote almonds. Removing would provide additional grower proposal eliminates handler choice and authority for a Credit-Back program representation on the Board. The severely handicaps the industry in would reduce the options available to proposal to increase the number of developing creative advertising and the industry for promoting its product. Board members represents the promotional activities. Regarding the Maintaining that authority does not overwhelming sentiment of the portion of the proposal to prohibit mandate use of such a program, it industry. Opponents also testified that, promotion of snack almonds, opponents merely preserves an available tool. in the past, the cooperative was able to testified that problems would exist with It is determined that this variety of have a majority of the Board’s attempting to define a specific type of options can only benefit the industry. It membership because of the amount of almond as ‘‘snack.’’ Opponents stated is also determined that restricting the tonnage it handled. However, that is not this part of the proposal is arbitrary and generic program by not allowing the situation that exists today, as capricious because the size of the promotions for snack almonds also independent growers and handlers package, method of sale, product form would unnecessarily limit choices for currently hold a majority of the Board’s or shape or other criteria do not define the Board and would not serve any member positions. almonds as snack. The witness testified useful purpose. Another opponent testified that, even that snacking is a form of consumption Accordingly, the record evidence does with the decline in the percent of total rather than a form of product. not support the amendment to eliminate crop handled by Blue Diamond, their Opponents believe that all forms of the creditable advertising provisions or membership exceeds 50 percent of the almond sales can and do benefit the to modify the provisions as total number of California almond industry. recommended in this proposal. growers. Further, other opponents On August 17, 1993, the Department Therefore, this proposed amendment is testified that the proposal is directed at issued an interim final rule (58 FR not recommended. only one organization, and fails to take 43500) which implemented a new into account that, even at 30 percent of Credit-Back advertising and promotion Material Issue Number 14 the crop handled, the cooperative would program. The new Credit-Back program Section 981.32 should be amended to still represent over 50 percent of the substantially revised the creditable authorize the Board, with the approval total number of almond growers in the advertising program whereby handlers of the Secretary, to reapportion grower State of California. may receive credit against their and/or handler member representation The proponent testified that, without assessment obligation for their on the Board based on the proportionate obtaining a list of the cooperative’s individual promotional activities, in amounts of almonds handled by growers, it is not possible to determine lieu of contributing entirely to a generic different segments of the industry. if, in fact, the cooperative does represent promotion program administered by the A proposal was submitted and over 50 percent of the total number of Board. testimony received at the hearing which growers in the State of California. The Although the new Credit-Back would require that cooperative proponent further testified that Board program allows credit for the percentage representation on the Board not exceed representation should be based on of almonds in other products, the the percentage of the industry tonnage tonnage in all circumstances. program is designed to promote the sale handled by the cooperative in the An opponent testified that if, in ten of almonds and almonds in products, immediately preceding crop year. years, the cooperative represented ten not the products that contain almonds. However, no specific amendatory percent of the industry, the cooperative The Credit-Back program was language was provided by the should not have five seats on the Board. recommended to the Department by the proponent. Another opponent testified that he Board which is comprised of At the hearing, the proponent testified would prefer the whole industry to independent and cooperative members that the industry’s major cooperative operate on a tonnage basis. which represent the almond industry. marketing association, Blue Diamond Record evidence indicates that The Credit-Back program is a voluntary Growers, Inc. (Blue Diamond), should currently, there is strong industry Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17475 support to maintain Board membership The proposal would only apply to Material Issue Number 16 representation with the cooperative and independent growers who are Section 981.70 should be amended to independent segments being authorized nominated to become members or require handlers to maintain records in to hold the specified numbers of seats alternate members on the Board because California to provide Board auditors proposed in Material Issue Number 6. its purpose relates to nominations for with reasonable access and improve However, in the event the industry Board positions. program management. Currently, structure changes in future years, there At the hearing, proponents testified § 981.70 only requires that the handler’s may be a need to further modify the that the grower would sign a premises be accessible to Board auditors structure of member representation. certification that over 50 percent of his for records to be examined and audited. Record evidence does not support or her involvement and income in the At the hearing, proponents testified amending the marketing order as the almond industry was derived from that Board auditors should not have to proponent recommended. The evidence growing almonds and would make that travel out of state to examine handler does support, however, authorizing the known to all growers when running for records. It is an economic burden on the Board, with the approval of the a Board position. If an opponent had Secretary, to modify the membership Board, and therefore the almond signed the certification and it was well industry, to pay travel expenses for representation requirements in the known that the opponent was basically future if the industry structure changes. Board auditors to travel out of state. In a handler, the grower could raise that addition, it is necessary to have This would allow the Board, with the issue during the campaign. Proponents approval of the Secretary, to recommend immediate access to handlers’ records if also testified that the grower would be compliance issues arise. modifications to the representation making the determination as to the 50 requirements, if necessary, through An opponent testified that handlers percent involvement and income, and could be burdened by being required to informal rulemaking procedures. This there would be no penalty for falsifying would provide additional flexibility in maintain all records in California. He the certification. In addition, if a grower stated that some needed records could the program by providing and ensuring refused to sign the certification, the that the Board continues to fairly be the buyers’ or the shipping company grower would be ineligible to serve on records. In addition, the witness represent all segments of the industry. the Board. Therefore, this proposal is testified that the terms ‘‘as well as other recommended, in part, by authorizing Record evidence indicated that pertinent information regarding his or the Board, subject to the approval of the although certifications by growers could her operations’’ could lead to abuse if Secretary, to reapportion the grower be signed during the nomination the person determining what is and/or handler member representation process, there is no procedure to verify ‘‘pertinent’’ selects some unreasonable among the 12 member positions, of any such certifications, nor is there a records such as tax returns to be group listed in the proposed § 981.31 (a) penalty for a false certification. maintained in California. through (c) to be nominated as a Board Therefore, the intent of this proposal The purpose of this proposal is to representative. This proposal does not would not be served. keep handlers from maintaining all their intend that the Board may increase or The proposal has been modified by records in a different state making it decrease the number of members on the revising § 981.32, rather than § 981.12 as difficult for the Board to effectively Board. The Board may reapportion the proposed by the proponents. Record audit handler’s records. It is not positions within the 12 member Board. evidence supported that the intent of intended that handlers maintain records A new paragraph (d) has been added to the proposal is to only modify the in the state that would not normally be § 981.31 to set forth this definition of grower with respect to maintained, such as buyers’ or shipping recommendation. nominations of growers to the Board. It company records. This proposal does would not be appropriate to modify the not intend to add any undue hardship Material Issue Number 15 grower definition under § 981.12 since on handlers and the proposal, as The proposed amendment to section this definition applies to the use of written, does not make unnecessary or 981.12 would have revised the grower throughout the marketing order. unreasonable requirements on handlers. definition of grower. At the hearing, the It is therefore proposed that a new The language which would require proponents for this amendment revised paragraph be added under § 981.34 to different types of records than those the amendatory language that was further define grower for nomination specified, if necessary (‘‘other pertinent published in the Notice of Hearing as purposes. The record evidence supports information’’), is necessary to account follows: For the purpose of holding a a grower definition that would allow for the many different recordkeeping grower seat on the Board, a grower growers to be nominated to the Board systems maintained by handlers. would be required to have over 50 that would truly represent grower Maintenance of records within the percent of his or her involvement and interests. However, the proponent’s State of California would assure that the income in the almond industry derived amendment would not be enforceable as benefits from marketing order from growing almonds. A grower proposed and would not accomplish the compliance activities exceed related wishing to run for a seat would certify intent of the amendment. Therefore, the costs. It is not expected that any to this criterion on the nominating Department proposes that the Board be additional costs would be incurred by petition. provided the authority, with the handlers to comply with this Proponents testified that, in the past, approval of the Secretary, to make amendment. Therefore, this amendment some grower seats have been occupied recommendations to establish is recommended as proposed. by persons who were basically handlers. additional eligibility requirements for It was perceived by growers that they growers, for nomination purposes, Material Issue Number 17 consistently represented a handler point through informal rulemaking. This The proposed amendment to section of view at the expense of the grower. would allow the Board to further 981.70 would have required that the The proposal is intended to ensure that explore avenues to accomplish the Board provide handlers with 24 hours the grower seats on the Board are intent of the proposed amendment. The advance notice before they conduct represented by growers and the growers’ amendatory language therefore has been audits of records and inspections of interests are reflected and represented. modified to add such authority. reserve almonds. In addition, handlers 17476 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules would not have been required to vital documents from scrutiny by The proponents stated that this provide any labor or equipment to the authorized Board personnel. requirement would respect the private Board to facilitate inspections. Opponents further testified that most business relationship between a grower Currently, § 981.70 provides that each handlers prefer to conduct any and handler. The proprietary nature of handler’s premises shall be accessible to movement of product by using their the relationship would be respected by authorized representatives of the Board own personnel and equipment at their the Board and that information would and the Secretary for examination and premises. Handler personnel would also not be divulged by the Board. audit of handler records and for be familiar with the location of reserve A proponent testified that the list inspection and observation of reserve almonds that would need to be would be used for annual elections of almonds. The Board shall make such examined. Board members and for periodic checks of almonds or audits of each Accordingly, the record evidence does continuance referenda. The list would handler’s records as it deems not support the amendment to require not reveal a grower’s handler affiliation. appropriate or as requested by the the Board to provide handlers with 24 This proposal would further provide Secretary to insure that accurate hours advance notice before it conducts that the Board could charge handlers information as required in this part is audits and inspections or for handlers to and growers who request the list for being furnished by the handlers. not be required to furnish any labor or photocopying and mailing. A proponent testified that handlers equipment to the Board to facilitate A witness testified that the may be busy with almond buyers and inspections. Therefore, this proposed cooperative grower list is needed when may not have time to show all the amendment is not recommended. periodic continuance referenda are records that Board auditors need to conducted because other interested Material Issue Number 18 examine during an audit visit. The parties to a referendum have a right to proponent testified that handlers should The proposed amendments regarding know who those growers are so they are be made aware of the audit visit in order §§ 981.76 and 981.90 would each in a position to provide them to make preparations to have the records require handlers to submit to the Board information which may influence their made available for the audit. Further, a list of growers who have delivered vote. This witness further testified that the proponent stated that handlers almonds to such handler during the the Board should know who these 4,000 should be treated like businesses and crop year. Because these proposals growers are so they are aware if any of not as if they are under constant would provide for essentially the same these growers become handlers. suspicion of violating the marketing recommendation, they will be discussed The opponents to the amendment order. In addition, the proponent as one material issue. testified that it is a well-established fact testified that if a handler does not desire The proposed § 981.76 would require that lists of members of agricultural to assist and aid the Board in each handler to submit to the Board, no cooperatives are considered proprietary conducting the audit, the handler later than December 31 of each year, a information. The witness testified that should not be required to furnish labor complete list of growers who have there are no other programs in which and equipment to do it. The handler delivered almonds to such handler cooperatives are required to release such should not be required to bear the during the crop year. The proposed a list and the Department has long expense or the liability of conducting amendment to § 981.90 would require recognized that cooperatives are not handler audits. each handler to submit to the Board, no required to reveal the names of their The record evidence indicated that later than January 31 of each year, a list members. Many farmers who belong to the almond industry is subject to of names and addresses of all growers agricultural cooperatives do not want Federal regulations under a marketing from whom such handler received their names and addresses used for order. Regulated industries that choose almond production for the then current purposes other than those needed by the to participate in a Federal program are crop year. cooperative to properly perform its subject to inspection of records. The Currently, the marketing order does business functions. The opponents marketing order currently contains not require such information to be further testified that the only reason for authority to allow the Board to conduct submitted to the Board under any a requirement for handlers to submit checks of almonds or audits of each section. Such information is submitted grower lists is for the use in the election handler’s records. Testimony indicated to the Board by most handlers on a of Board members representing those that the Board has the authority to make voluntary basis for nomination marketing through independent these visits without prior notice. The purposes. handlers. record evidence supports this provision Proponents testified that the Opponents testified that Board remaining in order to properly carry out proposals are intended to help the elections have been conducted with the regulatory aspects of the order. Board be more efficient in conducting wide publicity and all growers have an At the hearing, additional testimony elections for Board members and opportunity to participate. The in opposition to the proposal indicated alternate members. Since the list is cooperative informs all its members that Board staff usually schedules currently submitted to the Board on a when elections do take place even appointments with handlers ahead of voluntary basis, the Board is not assured though Board members are nominated time to maintain a positive and that it has a complete and accurate list by the cooperative’s board of directors. courteous relationship between the of growers to use in conducting the An opponent testified that the release Board and the handlers. However, the election of Board members. In order for of such information would be controlled reality remains that all handlers do not the Board to operate efficiently, it is directly by the Department, which in comply with the provisions of the necessary for the Board to reach as turn is controlled by the Administrative marketing order. Opponents testified many growers as possible. Mandatory Procedure Act, the Freedom of that removal of the authority to make submission of grower lists would help Information Act, and the Privacy Act, as unannounced visits to audit handlers accomplish this goal. The proponents well as court interpretations. By would remove an important compliance testified that the amendment would including the proposed language in the tool from the Board and the Secretary. help provide the widest possible marketing order, the Board could face a A handler with something to hide participation by growers in the election situation in which the marketing order would have plenty of time to conceal process. mandates release of information while Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17477 the Department and the courts or both under the Freedom of Information Act, administration, research and generic may require that the information not be the Board is responsible for promotion have been frustrating. At the released. Therefore, the question of confidentiality of handler information present time, about 90 percent or more release of information should be left to and does not release a complete of the handlers promptly pay the the Department. growers’ list. assessments when due, others are at A brief filed by Mr. Steven W. Easter When continuance referenda are times slow to pay. As of June 30, 1993, of Blue Diamond Growers stated that the conducted, a method to ensure that the Board was owed past due two similar proposals discussed at the ballots are provided to all cooperative assessments totaling several million hearing were worded slightly differently growers would have to be derived. For dollars. If these amounts had been paid but they essentially provide for the same example, one method would be for the promptly, the funds received could have thing. Both proposals are directed at Department to provide the ballots to the been utilized for Board programs. The requiring Blue Diamond Growers to turn cooperative and obtain a sworn proponents do not believe that it is over its cooperative membership list to statement from a representative of the equitable for late paying handlers to the Board. Both proposals represent an cooperative attesting that all growers benefit from the wide variety of Board effort by independent handlers and were sent ballots. It would be in the best programs financed by handlers who pay growers to obtain the membership list of interest of the cooperative to ensure that on time. Significant industry support is their principal competitor, Blue all of its growers vote in referenda and necessary in order for the marketing Diamond Growers. USDA will ensure that a satisfactory order to be successful. Mr. Easter stated that there is no other method has been established when An opponent to the proposal testified proposed amendment nor any current continuance referenda are conducted. that handlers who challenge the provision that requires a cooperative, In the event a cooperative chooses to assessment rate would be penalized if including Blue Diamond, to furnish its bloc vote for all its members in a they pay the assessment in order to membership list to the Board. It is well referendum, the Department would avoid the late charges because they established that growers may contact the require the cooperative to submit a would not recoup the assessments paid Board directly to be placed on the grower list to verify that none of those if they prevail in their challenge. This Board’s mailing list. Mr. Easter also members also voted individually. position is discussed in detail in stated that Blue Diamond provides However, this is not sufficient reason to Material Issue Number 20 which deals notice of all elections to its members require the cooperative to submit a with another proposal to authorize directly. This satisfies Blue Diamond’s grower list to the Board on an annual payment of interest in the event a suit contractual obligations with its basis since the Board does not need that or administrative petition regarding members and the Board’s desire to have list to conduct its operations. payment of assessments is successful. all members of the industry notified of Regarding the testimony that the This witness further testified that if elections. The witness stated that this Board needs to know the cooperative this proposal is authorized and system has worked for 43 years. growers in case any of them become regulations are implemented, it would Mr. Easter further provided in his handlers, this does not appear to be be better to require that the payment be brief that Blue Diamond’s membership sufficient reason to require this list from postmarked within 30 days from the list contains the names and addresses of the cooperative. The Board has an invoice date rather than received in the all of its grower/supplier members and established compliance program to Board office within 30 days. is, in that sense, its customer list. Under address compliance issues and needs. The proponents testified that the California law, customer lists have been Also, if a grower list is desired, such a Board envisioned implementing the protected as trade secrets under the list can be obtained from other sources. specifics of the late payment and/or Trade Secrets Act so long as they meet Testimony indicated there are interest charges through informal the definition set out in California alternative sources for that information. rulemaking with the Secretary’s Corporations Code. In conclusion, Mr. For the above stated reasons, the approval. This would allow the Board to Easter stated that elections to the Board proposed amendment is modified to remain flexible with the establishment and referenda on proposed amendments allow the Board to request from of the interest and/or late payment and continuation have taken place since independent handlers their growers’ charge. The Board proposed language 1950 successfully. The guidance names and addresses for purposes of for the regulations in this proceeding. provided by the Board has enabled the elections. The lists would be submitted However, USDA has determined that industry to move forward in a beneficial no later than December 31 of each year this would be better accomplished by manner. Mr. Easter requested that the to facilitate Board administration. The the Board recommending to the proposal be rejected. proposed amendment, as modified, is Secretary an informal rulemaking action The record evidence indicates that it therefore recommended. at a later date if this provision is would benefit the Board to have a list implemented. of independent growers’ names and Material Issue Number 19 The suggestion that payments be addresses. Board elections would be Section 981.81 should be amended to postmarked within 30 days of invoice to conducted in a more efficient manner add authority to require handlers to pay be considered timely does have merit. and there would be greater assurance interest and/or late payment charges in When assessing interest charges for late that all growers are informed regarding order to discourage late payment of payment, it would appear reasonable activities centered on Board elections. assessments. that handlers be allowed 30 days from The record evidence supported that it is Currently, § 981.81 requires handlers invoice to mail these charges to the not necessary for the Board to obtain the to pay to the Board on demand Board. The Board should consider this names and addresses of cooperative assessments on almonds received by the suggestion when making a growers for nomination purposes since handler for the handler’s own account. recommendation to the Secretary to those Board members are selected by the There is no provision for a late payment implement the regulations regarding late cooperative’s board of directors. or interest charge. payment and/or interest charges. Although grower lists not revealing The proponents testified at the The record evidence supports this handler affiliation can be obtained by hearing that the Board’s experiences proposed amendment and therefore, it is requesting the list from the Department with collection of assessments for recommended. 17478 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules Material Issue Number 20 proposal must be opposed because it on organic products, once the almonds This proposed amendment to the does not clearly state at what point a reach the market place, it is impossible order would have required refunds plus handler could claim a refund of to discern organically-grown almonds payment of interest to a handler in the assessment and the accompanying from those that are not organically event a suit or administrative petition interest. Also, depending on the timing grown. In addition, the opponent filed by such handler challenging the of such refund, the Board may not have testified that organic growers currently payment of assessments is successful. funds available to make the refund. benefit from the various programs The proponent responded to the No specific amendatory language was conducted by the Board. The Board is opposition by stating that he has no provided. pursuing a very active program of qualms with stating that the interest rate The proponent testified that there promoting almonds. Organic growers be the same as what the Board have been several challenges to the benefit from the perceived value of established. Also, that within 30 days of almond, orange and tree fruit marketing almonds that result from such a final non-appealable decision being orders. In these cases, the proponent aggressive promotion programs. There made, the Board should make the stated that the Judicial Officer of USDA are also many production research refund. Finally, if the Board does not did not authorize the prevailing handler programs sponsored by the Board that pay back the prevailing handler in 30 benefit organic growers as well as other to recoup the assessments paid. The days, the Board would be required to almond growers. They include crop proponent also testified that the pay a five percent penalty. irrigation management, bud failure, Agricultural Marketing Agreement Act The record evidence does not support nematode infestation, integrated pest permits handlers to challenge this proposed amendment. Section management and problems from provisions of federal marketing orders, 610b(2)(ii) of the Act provides that Africanized honey bees. The opponent including the establishment of handlers regulated by marketing orders further testified that all segments of the assessment rates. The Board’s proposal pay their pro rata share of such industry are interested in finding the to add an interest and/or late payment expenses as the Secretary may find are most cost-effective, reliable method of charge would penalize handlers that reasonable and likely to be incurred increasing production and delivering a challenge the assessment rate since they during a specified period for the high-value, safe product to the would have to pay the assessment to maintenance and functioning of the consumer. In addition, the opponent avoid the late charges but would not marketing order. Section 608c(15)(A) of stated that the Board is committed to receive the assessment back if they the Act provides a method for working with organic growers to ensure prevail. In addition, the Department challenging marketing order provisions, that their interests are considered in argued in court that the Board would including the requirement to pay making Board recommendations. have to vote for a prevailing handler to assessments, through administrative Several organic growers and handlers have assessments returned and the petitions. In addition, several of the submitted proposals for differential funds would have to be approved in the issues which this proposal raises are treatment under the almond marketing Board’s budget. currently being appealed to the Ninth order, but did not propose the organic The proponent further testified that it Circuit. community be entirely exempt. is better to address the issue at this time Therefore, this proposed amendment Accordingly, the record evidence does by putting the provision in the is not recommended. not support the amendment to exempt marketing order than to wait for the organic almonds entirely from the Department to tell the Board they have Material Issue Number 21 marketing order. Record evidence shows to pay the handler back their The proposed amendment to section that organic growers do reap some assessments plus interest. It was 981.4 would have amended the benefits from the order and its discussed at the hearing where the definition of ‘‘almonds’’ to exempt programs, which include certain money should come from to pay back certified organic almonds from the research activities and the new Credit- the handler, and the proponent testified entire marketing order. Back advertising program. Therefore, that such money should come from the Currently, the marketing order does this proposed amendment is not Department. If not from the Department, not differentiate between almonds that recommended. the money should come from the are organically grown and those that are industry. The witness testified that the not. Material Issue Number 22 Department continues to approve every The proponents for this amendment The proposed amendment to § 981.41 proposed rule for assessments over the testified that the markets for organic would require that handlers not be proponent’s objections, therefore, they almonds are totally separate from those assessed for marketing promotion, should pay the money back to the for conventionally grown almonds. The including advertising for the number of prevailing handler. organic tonnage of almonds in the pounds of certified organic almonds Opponents to the proposal testified industry is very small. The proponent handled. Currently, there is no that they are opposed for three reasons. testified that he empathizes with the provision in the marketing order to First, there was no language specified to organic growers since they do not want exclude organic almonds from the analyze the proposal, therefore, their their money spent on Board programs marketing promotion program. understanding of the subject was vague that do not benefit organic almond The proponents for this amendment and undefined. Second, the proposal growers and handlers. The proponent testified that the proposal is intended to refers to the legal rate of interest which stated that the California Department of provide an exemption for certified is not compatible with the Board’s Food and Agriculture has strict organic almonds from the advertising proposal. Third, the term ‘‘successful’’ requirements for certified organic assessments since advertising for is not defined to differentiate between commodities and penalties if growers conventional almonds is not relevant to an administrative ruling before a law violate them. the market for certified organic judge or the final review by the Judicial Opponents testified that it would be almonds. The market for organic Officer. The opponents further testified difficult to determine if an almond has almonds is not yet well developed and that such rulings may be reviewed by truly been organically grown. While it is does not benefit from generic the District Court, therefore, this true there are voluminous regulations advertising of almonds. The market is a Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17479 niche market, made up of consumers working together rather than working percent of funds, earmarked for who are seeking a guaranteed organic apart. research, for such proposals. product. Any effective advertising must The record evidence supports that the The proponents further testified that be geared to that market. The organic market is a separate and distinct the amendment would require a positive proponents testified that there are strict market. Although testimony indicated effort to seek out and fund proposals penalties for violating the certified that generic advertising for conventional that investigate ways to reduce chemical organic regulations. Under Federal law, almonds could have a limited effect on use. Such a pro-active policy by the it is a violation to sell anything as organic consumers, the organic industry Board would send a signal to the organic that is not certified organic, and may not benefit directly from the research community to generate these there is a fine of up to $10,000. In Board’s generic advertising program. proposals. It would also send a message addition, any person found to have However, the evidence did show that to the public that the Board is taking violated the law can be prohibited from organic handlers could derive some steps to improve the environment organic certification for five years. benefit from the Board’s new Credit- through reducing the use of synthetic The proponents stated that buyers of Back advertising program. The Board chemicals. This effort is important to certified organic almonds include has stated that it wants to work with the the future of the industry for two natural food stores, consumers through organic segment of the industry and reasons: (1) Various agricultural mail order, roadside stands, certified recognize them as an important part of chemicals commonly used by almond farmers markets and specialty health the industry. Therefore, the Department growers are being phased out and will food distributors. The end user is a is modifying the amendment to provide be taken off the market by government consumer looking for an organic that the Board may, with approval of the regulations; (2) very little research is product first. If the consumer cannot Secretary, exempt certified organic currently being conducted on non- find organic almonds, the consumer is almond handlers from the advertising synthetic alternatives for almond more likely to substitute a different assessment through further informal growers and handlers. The proponent organic product rather than rulemaking. This would provide the testified that she is aware of only one conventional almonds. Under the Board and the organic segment of the Board research project in this area. current assessment program, even if the industry with the flexibility of The proponent testified that this certified organic handlers fully exempting handlers of certified organic proposal would help all almond growers participate in the credit-back program, almonds from the advertising and handlers face the challenges of 50 percent of their assessment would assessment. It would also provide for decreasing availability of agricultural still support generic advertising which development of a framework to chemicals and increasing pressure from is not relevant to their market. This implement and verify compliance with environmental groups. Developing such proposal would have a positive benefit such an exemption. Therefore, the alternatives would protect growers and on growers and handlers of certified proposed amendment is recommended handlers from potential large crop losses organic almonds, most of whom are as modified. and would satisfy consumer demand for small businesses. Material Issue Number 23 reduced chemical usage. The proposal Another proponent testified that would also have a positive effect on certified organic almond handlers need The proposed amendment to § 981.41 small businesses since most growers relief from the burdens and restrictions would require that a minimum of 25 and handlers of organic almonds are imposed by the Board. Certified organic percent of funds collected for projects small businesses. almonds have very little in common involving production research shall be with commercial almonds. Promotion spent on research and development of At the hearing, opponents did not and advertising requires a different production methods which reduce or believe that one tenth of one percent of direction and a totally different target eliminate the use of synthetic chemicals the industry should be in a position to market which is not acknowledged by in the production and handling of dictate to the other 99.9 percent of the the Board. almonds. Under the current marketing industry how to spend its funds, Testimony in opposition to the order, there is no requirement that a especially considering that this small amendment indicated that organic minimum amount be spent in any segment is attempting to be exempt from almonds should continue to fall under certain area. certain major areas of the order. The the marketing order and be assessed for The proponents testified that this proponent testified that the organic marketing promotion. The opponent amendment is intended to benefit all community believes that this proposal testified that all almonds benefit from almond growers by finding ways to would be beneficial to the whole generic advertising and promotion reduce and eliminate the use of almond industry. Every grower is under campaigns conducted by the Board. synthetic chemicals. This effort is pressure to reduce chemical use. The This includes growers that grow the especially important in light of the proposal would give the industry the Mission variety of almonds that appeals restrictions on continuing availability tools to meet production needs and to to the candy manufacturers. However, and use of certain agricultural reduce pest and diseases without using the opponent testified that Mission chemicals. Record evidence indicated chemicals. It was further discussed that variety growers are not asking to be that this research activity would be organic almond growers have not exempt from the order. The witness coordinated by the production research brought forth any research projects to further stated that pooling industry committee of the Board. The proponent the production research committee. resources can stimulate industry growth recommended the appointment of one Also, the proponent was not aware of for the benefit of everyone. The or more growers of certified organic any such research projects being turned opponent stated that the Board has almonds to the production research down by that committee. made an effort to reach out to the committee. The committee would issue It was also discussed that the organic growers and establish dialogue a request for proposals that contribute to marketing order currently contains on key issues. The witness testified that finding new production techniques authority to accomplish the proponents’ there is a lot of common ground and which reduce or eliminate the use of goal. If the proponents attended the that the industry can continue to build synthetic chemicals. The committee production research meetings and on that common purpose and interest by would then allocate a minimum of 25 provided information on the needed 17480 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules research in those areas, they could reduce the use of chemicals in handlers. California law also requires possibly convince the Board to fund controlling the navel orangeworm, that each grower and handler of foods projects in the proposed area. In which is one of the worst pests in the sold as organic must be registered addition, testimony was offered that the almond industry. Through the project, annually with the State. The State Board may not be able to find within the the Board has been instrumental in intends to strictly enforce provisions of research community projects to reach reducing such chemical usage, but their the organic program. Two growers have the 25 percent minimum that is use has not been eliminated yet. been recently fined $7,000 or more for proposed. The proponents testified that The record evidence does not support violations. The certification process is if a bona fide effort was made by the this proposed amendment. The quite lengthy and costly. Board to obtain such projects, funding a authority is currently in the order for The proponent testified at the hearing lesser percentage would not be a such projects as proposed to be that certified almonds are a distinct problem. A bona fide effort by the Board conducted. In addition, the Board is product from conventional almonds. would include: (1) Prepare a request for currently funding projects which are They are sold into a different market proposals that specified the type of intended to reduce the use of synthetic than conventional almonds. The price research that is desired by the Board; (2) chemicals. Record evidence indicates for certified organic almonds is clarify the amount of money that is that the Board wants to work with the significantly higher, approximately 30 being set aside for that type of proposal; organic almond community to recognize to 44 percent higher than for and (3) distribute widely to the them as an important faction in the conventional almonds. Certified organic universities, the extension service and industry. If the organic almond almonds only comprise about one-tenth to other known researchers, notice of community works with the Board and of one percent of the total almond the opportunities to conduct this type of takes an active part in the process of industry. A 1992 report by the research. determining the expenditure of University of California Cooperative Another proponent of the amendment production research funds, they will Extension Service states that, ‘‘At testified that some of the areas that need make their voice heard and assist the present, no bulk commodity market immediate attention are the study of soil Board in making expenditure decisions exists for organically grown almonds. biology, fungus control, climatic and that will help to benefit the whole Because of this, market fluctuations and economic thresholds, understanding the almond industry. pricing of conventionally-grown value of beneficial organisms, The record evidence also supported almonds do not directly affect the developing environmentally sound that there may not be enough sources of market for organically-grown almonds’’. methods of production, wildlife habitat research to obtain the proposed 25 Certified almonds are sold in a niche enhancement, etc. The proponent percent of the production research market to consumers whose first further testified that if the Board is funds and this proposal would be too concern is purchasing an organic spending its money, it should be on restrictive for the Board. Therefore, for product. If organic almonds are not projects that directly benefit the organic the above reasons, the proposed available, the consumer will be more farmer as well as the community at amendment is not recommended. likely to substitute another organic large. product instead of conventional Material Issue Number 24 The opponents testified that the Board almonds. Many wholesalers and has a very strong commitment to Sections 981.47 and 981.50 should be retailers of organic almonds do not production research. Currently, the amended to require that the Secretary purchase conventional almonds. Board has budgeted $500,000 for shall exempt from any reserve, that part At the hearing, the proponent testified various research projects. The benefits of the crop which is sold as ‘‘certified that a reserve requirement for certified of these studies are shared throughout organic almonds’’ under standards organic almonds disrupts the market the industry. The Board invites established by the Organic Foods Act of and is contrary to the intent of the members of the organic almond 1990 and the California Organic Foods provision. The market for certified community to participate at the Act of 1990. The Board may propose organic almonds is chronically under- production research committee regulations to assure procedures to supplied. Therefore, a reserve which meetings and take part in the process implement this section. removes product from the market which determines which studies will be Currently, there is no requirement in disrupts the flow of supply to the funded. The witness testified that the the marketing order to exempt certified market. process of open committee meetings in organic almonds from the reserve The proponent testified that organic which there can be active dialogue best provisions. almonds are more difficult to store since lends itself to achieve the goal of this The proponents testified that they are most fumigation practices are proposal. The witness testified that a proposing the exemption because prohibited. Although methods have bad precedent would be established by certified organic almonds are a distinct been developed to store organic having a marketing order amendment to and different product from conventional almonds, the normal marketing season guarantee funding for one particular almonds. There are many laws and of organic almonds is not as long as that research project, no matter how well requirements for a farmer to become for conventional almonds. Many organic intentioned. Such action would leave certified as organic. First, the California growers therefore, use cold storage the door wide open for a long line of Organic Foods Act of 1990 requires that which can be quite expensive. When a groups demanding the order be any foods sold as organic are grown reserve is implemented, handlers keep a amended to accommodate their needs. without the use of prohibited materials. percentage of certified organic almonds The witness testified that the framework Prohibited materials are all synthetic off the market and are unable to meet exists which can be used by the organic products. No prohibited materials can market demand. In addition, handlers community to make its case for funding be used in the soil for at least one year have been unable to fill buyer orders projects as proposed. prior to the season in which the crop is even though they have certified organic The opponent also testified at the grown. Handlers are also restricted from almonds in reserve. hearing that the Board is currently using any prohibited materials. The proponent further testified that funding such type of projects. For California law requires extensive the proposal would have a positive example, one project is to find ways to recordkeeping by organic growers and impact on small businesses since most Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17481 organic almond growers and handlers and handlers must follow strict Service (CASS) was asked to deliver a are small businesses. regulations to ensure that they are proposal for an acreage survey. The cost At the hearing, it was discussed that selling certified organic almonds in the of the survey was considered to be too there is an extensive audit trail from the marketplace. Certified organic almonds high for a single year’s budget. The organic grower to the handler so there can be traced by a paper trail to the CASS then suggested a two year would be no confusion as to which retail level. If commingling occurs with proposal in which they would survey almonds would be organic or non-organic almonds, they are no longer one half the crop one year and the other conventional. Testimony was also considered certified organic. There are half the next year. Record evidence offered that if a conventional lot and State and Federal laws regulating the indicated that the Board contracted to certified organic lot were commingled, practices of certification of organic survey one-half this year, but will be the almonds could no longer be sold as products. Storing organic almonds is prohibited from committing to the certified organic almonds. Also, problematic because most fumigation project’s completion. A new Board next containers that include certified organic practices are prohibited. Certified year may change its mind which could almonds have to be extensively organic almonds currently comprise lead to development of a survey for one identified. only one-tenth of one percent of the half of the crop. This would not be a Opponents at the hearing testified that almond industry. desirable use of Board’s funds. certified organic growers do benefit Certified organic almonds can The proponents further testified that from many programs under the almond currently be exempted from reserve the adoption of this amendment would marketing order. The reserve program is provisions by designating them as an have a positive economic impact. The one such program that needs authorized reserve outlet under an Board does not anticipate that all or participation by all members of the agency agreement recommended by the most future business activities would almond industry. By excluding organic Board and approved by the Secretary. take the form of a multi-year contract. almonds from the reserve, a two-tiered This can be done on a yearly basis when However, where needed and cost system would be implemented creating a reserve is recommended. However, effective, the proponents testified that dissension within the industry and in record testimony has shown that the the ability to enter into such agreements the long run would act against the imposition of a reserve on certified should be available. organic growers’ best interests by organic handlers in any year could be At the hearing, further discussions alienating them from the industry. The unnecessarily detrimental to this focused on the proposal to have three- Board is supportive of attempts to segment of the industry with no proven year terms of office for Board members include the interests of organic growers benefit to the industry as a whole. and how this would affect five-year on all policy matters discussed by the Therefore, the proposed amendment is contracts that could be in effect. Board. In the testimony by the recommended. Proponents testified that this particular proponents, they indicated that many of situation occurs everyday in businesses the regulations governing organic Material Issue Number 25 and corporations where the directors farming are just now being developed. The proposed amendment to section that are there could very well be turned The Board addressed this issue when 981.80 would have allowed the Board to over and not be there when the contract the 1990 reserve was established. At contract for periods of five years for comes to a conclusion. The proponents that time, organic growers requested services, goods or other reasonable further testified that they envision that that the Board exclude or declare expenses. such multi-year contracts could be used organic production a reserve outlet. Currently, section 981.80 specifies for a building lease or the development That request was denied by the Board. that the Board is authorized to incur of a new almond product. It was thought at that time that the expenses during each crop year. The The record evidence shows that organic program was not fully recommendation of the Board for their marketing order committees have developed and there could be a lack of expenses each year must be submitted already been given permission, on a a reliable system of certification and to the Secretary on or before August 1 case-by-case basis, to enter into multi- tracking. The opponent testified that of the crop year. Expenditures are then year contracts, although such contracts there is now a complete system in place incurred on a yearly basis. are contingent on the marketing order and given the information the Board Proponents testified at the hearing remaining in effect. Also, some of the now knows the Board could make a that the Board has been handicapped in Board’s research and promotion projects decision to use organic almonds as an the areas of research and marketing by are currently four or five year projects. outlet for reserve almonds. The witness the inability to enter into multi-year Proponents, however, testified that testified that the marketing order contracts. The Board is required to do these projects have been funded only on currently contains language to business on a year-to-year basis. Some a yearly basis. The record evidence accomplish what the organic contracting parties become disillusioned showed that funding a project on a year- community wants without this because a concept may take several by-year basis would allow the Board to amendment. The organic almond years to develop and implement and evaluate the progress of the project and production could be evaluated on a they are restricted to contracting for decide if it should be continued. The yearly basis to determine if certified only a year at a time. The contracting marketing order is designed to operate organic almonds should be part of the parties may find that it is not on an annual basis and to be evaluated reserve. economically feasible to enter into a by the Secretary on an annual basis. The The record evidence supports the contract without a commitment of more record evidence also showed that the merits of this amendment. The than one year. This often results in lost Department has given permission to proponents have presented a compelling opportunities for the Board in being marketing order boards and committees, case that certified organic almonds are forced to negotiate for a one year on a case-by-case basis, to enter into unique and are sold into different contract that may be more expensive multi-year contracts. markets. During a reserve year, handlers and less desirable than a contract The Act provides that marketing order of organic almonds are unable to supply covering more than one year. committees establish budgets and all of their buyers with certified organic At the hearing, the proponents stated assessment rates on a periodic basis. almonds. The certified almond growers that the California Agricultural Statistics The marketing order requires that the 17482 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules expenses and assessment rate be difficult to determine grower support for years to allow growers an opportunity to established for each crop year. This termination of an order. indicate their support for or rejection of allows for evaluation by the Board and Another way of assessing whether the order. The record evidence the Secretary of Board activities on an growers favor the continuation of an demonstrates that the proposal for annual basis. The Secretary is order would be to hold a continuance referenda every five years is reasonable responsible for oversight of Board referendum using the same criteria as and has widespread industry support. A activities and believes that this proposal set forth in section 8c(8) of the Act with referendum every five years would could limit the annual reviews as well respect to producer approval of the allow growers an opportunity to vote in as restrict the activities of future Boards. issuance of a marketing agreement and favor or in opposition to the order as It is acknowledged, however, that multi- order. This section of the Act requires changes occur in the industry yet would year contracts, in some instances, could approval by two-thirds of the producers not be wasteful of the Board’s resources. benefit the Board by allowing for long- voting in the referendum or by For the above reasons, the order should range, cost-effective planning. It is producers who have produced two- be amended to provide for periodic preferred that these situations be thirds of the volume of the production referenda every five years beginning two handled on a case-by-case basis. voted during a representative period. years from the year these amendments Accordingly, the record evidence does This is a reasonable and appropriate are finalized. Conducting a continuance not support the amendment for the basis for determining whether almond referendum two years after the Board to be allowed to enter into multi- growers favor continuation of the order. implementation of the proposed year contracts. Therefore, this proposed In the event that the requisite majority amendments would allow the industry amendment is not recommended. of growers, by number or volume of sufficient time to evaluate the new production represented in the amendments and determine if the Material Issue Number 26 referendum, do not approve marketing order should continue in Two proposed amendments to section continuation of the order, the Secretary effect. Therefore, the proposed 981.90 would require that continuance may consider termination of the order amendment, as modified, is referenda be conducted. One proposal but would not be required to terminate. recommended. In evaluating the merits of termination, would have required that continuance Material Issue Number 27 referenda be conducted every five years the Secretary would not only consider beginning July 31, 1999, to determine the results of the continuance Sections 981.51, 981.54, 981.55, and 981.66, which relate to certain reserve grower support for continuation of the referendum, but also would consider all provisions, should not be deleted from marketing order for almonds. Another other relevant information concerning the marketing order. In addition, proposal would have required that the operation of the order and the relative benefits and disadvantages to §§ 981.52 and 981.67, also relating to continuance referenda be conducted producers, handlers, and consumers in the reserve, should not be amended as every four years with the first to be held order to determine whether continued proposed. Section 981.55 should be in 1996. operation of the order would tend to amended to clarify that handlers may be Currently, there is no provision in the effectuate the declared policy of the Act. authorized to transfer reserve almonds marketing order that provides for In this regard, the Secretary may solicit to another handler. periodic continuance referenda. input from the public through meetings, Extensive record testimony indicated The proponents for five-year press releases, or any other means. The this proposal had three basic purposes. referenda testified that the growers proponents testified at the hearing that One purpose was to eliminate authority should have the ability to vote for in evaluating the merits of continuing in the marketing order that requires continuance or termination of the the order, they would like to see the reserve almonds to be sold in secondary marketing order. These referenda would Secretary not only consider the results or market development outlets. Another allow growers to have a voice as to the of the continuance referendum but also purpose was to allow handlers to sell value of the almond marketing order. consider information relative to the their reserve almonds and the The proponents testified that they operation of the marketing order. accompanying reserve obligation to realize that circumstances change over Proponents of the proposal for four- another handler. The remainder of the time, and therefore believe that a time year continuance referenda testified that proposal was to make conforming period of five years would allow for a a vote for continuance should be held in changes in the order language to timely debate as to the merits of 1996. They testified that two years of coincide with the two aforementioned continuing or terminating the marketing operating under the new amendments purposes. order. should be adequate time for the growers The proponent of this proposal The proponents’ proposal for five-year to make a well-informed decision as to testified that reserve almonds should referenda also contained language whether the program is effective. not be required to be sold to secondary regarding termination of the marketing Proponents in favor of the four-year outlets (where the return is significantly order that is already contained in the referenda proposal testified that because lower). The proponent believed that this order. The proponents testified that they of the lack of referenda in the past (the was not economically sound, and would agree to the criteria which the only continuance referendum on the explained that, if reserves are Secretary may use in determining almond marketing order was conducted established, the reserve almonds should whether the marketing order should in 1989), it is appropriate to have a ultimately be sold in normal continue. continuance referendum every four competitive outlets at some point in the The order currently provides that the years. future. The proponent testified that Secretary shall terminate the order if a Based on evidence and testimony reserve almonds could be carried majority of all growers favor termination submitted at the hearing relative to forward for several years to augment and such majority produced more than periodic referenda, the order should be short supplies in the event of a crop 50 percent of the almonds for market amended to require that such referenda failure. within the State of California. Since less be conducted. Opponent’s testimony indicated that than 50 percent of all growers usually It is USDA’s preference to provide for the option of having reserves in effect participate in a referendum, it is periodic referenda at least every six for consecutive years already exists in Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17483 the marketing order. The proposal authority to require reserve almonds to associated or under contract with or is would maintain that option, but would be sold in secondary outlets. We agree a director, controller, shareholder, eliminate the order’s flexibility to with the position that there is authority owner, or partner in any other handler require disposition in non-competitive in the marketing order to release all of facility taking advantage of the outlets. The proponent failed to offer the reserve, making it unnecessary to exemption. any economic analysis in support of sell reserve almonds in non-competitive Currently, § 981.50 provides that each carrying reserve product forward outlets, if recommended by the Board. handler shall withhold from handling a indefinitely, as opposed to diverting the Removing the Board’s authority to quantity of almonds equal to the reserve product. recommend to the Secretary that reserve percentage of the kernelweight of all The proponent also testified that the almonds be sold in these outlets would almonds such handler receives for his/ reserve program had been manipulated remove an option available to the Board her own account during the crop year. in the past by the Board in that Board that may be considered necessary and in There is no quantity reserve exemption members were aware of Board decisions the best interest of the industry under in the marketing order at this time. well in advance of the rest of the certain circumstances. It is determined The proponent testified that the industry, thus, placing them at an that the Board should retain flexibility purpose of this amendment is to benefit advantage over the remainder of the in this regard and that this portion of small handlers. A small handler’s cost industry. the proposal would place an per pound to operate is much greater No evidence was presented at the unnecessary restriction on the Board in than that of a larger handler. The small hearing indicating that Board members making recommendations to the handler, defined as one who handles are aware of final Board Secretary regarding the reserve. For this less than 250,000 pounds annually, recommendations prior to the voting reason, this part of the proposal is not would probably close such facility after process. To the contrary, it was testified recommended. the handling season, but must remain that many Board members act Record evidence supports the merits open to maintain the reserve almonds. independently. Further, Board members of the second portion of this proposal Record evidence indicated that small are elected through a democratic dealing with selling reserve almonds handlers that handle less than 250,000 process and, therefore, risk not being and transferring reserve obligations to pounds would be treated differently renominated if they do not fairly another handler. The overall intent of since there would be a differential represent their constituency. the reserve program could still be met The proponent testified that handlers impact of reserve requirements on such as long as the same total quantity of handlers. should be able to sell their reserve product was held off the market. The proponent testified that the almonds and accompanying reserve Providing handlers the additional conditions for the exemption are there obligation to other handlers. A large authority to transfer any or all of their to prevent people from becoming number of handlers in the industry reserve obligations to other handlers in handlers during the year of regulation to handle a relatively small proportion of the industry could help facilitate the take advantage of the 250,000 pound the crop and operate for only a few operation of the reserve program by reserve exemption. The condition for months each year. Other larger handlers providing more flexibility. In order to the exemption would prevent people operate on a year-round basis. The ensure such a provision is administered proponent testified that the smaller properly, it would be necessary for the from anticipating that a reserve is going handlers, who would normally cease Board, with the approval of the to be established. their handling operation, are forced to Secretary, to implement regulations to At the hearing, it was discussed that maintain, at an additional cost to them, effectuate such a provision. possibly a creative attorney could the required inventory in good The third purpose of the proposal breakdown a single business into condition in storage. If these small involved eliminating certain sections of separate entities so that each one would handlers do not want to incur the the order to correspond with the other handle less than 250,000 pounds to take additional costs, the proponent stated purposes of this proposal. However, it is advantage of the exemption. However, the only other option available is not necessary to delete these sections of the proponent testified that he did not disposition to approved reserve outlets the marketing order as proposed to see that as a problem under this at significantly lower prices. The accomplish that portion of the proposal proposal because of the criteria for proponent stated that handlers that that is being accepted and eligibility written into the proposal. dispose of their reserve almonds in recommended herein. Opponents testified that the proposal secondary outlets could be financially For the aforementioned reasons, this would create two classes of handlers, disadvantaged in the event the reserve proposed amendment is recommended, those who have to participate in the is released to the saleable category after in part, by modifying § 981.55 to reserve and those who do not. The their disposition. provide the authority for the Board, proposal is also based on an arbitrary Opponents stated that the proposal with the approval of the Secretary, to level of 250,000 pounds. Record contained several provisions and allow handlers to transfer their reserve evidence stated that the strength of the eliminations of provisions that appeared obligation to other handlers. marketing order is that all members of to be in conflict with one another. the industry participate in the order and Therefore, it was not clearly understood Material Issue Number 28 the rules and regulations apply to what exactly the proposal in its entirety The proposed amendment to § 981.50 everyone across the board. The was attempting to accomplish. would have required that, when a exemption would only serve to cut the Additional rationale against the reserve is established, the first 250,000 industry into very small segments that proposal was a general difference in pounds of almonds handled by a would dilute the strength of the order. philosophy regarding eliminating tools handler would be exempt from the This proposal would create an of the marketing order currently reserve percentage. In addition, the opportunity for those inclined to take available to the industry. exemption would not apply to a handler advantage of any loopholes and benefit As previously stated, the proposal who has not been a handler and paid from them. Opponents further testified contained three basic purposes. The first assessments for each of the two previous that by eliminating a proportion of purpose involved eliminating the crop years and/or to one who has been handlers from the reserve, the burden 17484 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules would fall on fewer handlers causing assume a penalty or completely reject findings or to reach such conclusions them financial hardship. the almonds for delivery. are denied. Statistics presented at the hearing The record evidence indicated that General Findings the Act provides that reserve provisions indicate, however, that since 1980 should be applied uniformly throughout almonds received by handlers through (1) The findings hereinafter set forth the entire industry. While all handlers the month of February in any given year are supplementary to the previous would have the same exemption under have exceeded 97 percent of the total findings and determinations which were this proposal, those handlers that almonds received for the entire crop made in connection with the issuance of handled over 250,000 pounds would be year. In most years, the receipts through the marketing agreement and order and regulated and those who handled less February exceeded 99 percent of the each previously issued amendment than that amount would not be total. Based on this information, there thereto. Except insofar as such findings regulated. The Department disagrees would be no appreciable difference in and determinations may be in conflict with the proponent’s assertion that the estimated crop size at that point of with the findings and determinations set administering this proposal would not the season if all almonds were required forth herein, all of the said prior be problematic. It would be difficult to to be inspected by February 28 of each findings and determinations are hereby implement this proposal and develop year. In addition, there would be no ratified and affirmed; equitable regulations covering all appreciable difference in handlers’ (2) The marketing agreement and situations that could occur. The record share of the crop handled for election order, as amended, and as hereby evidence also indicated that this purposes. proposed to be further amended, and all proposal could potentially have an Handlers are currently required to of the terms and conditions thereof, effect on the market if there were many report to the Board all almonds received would tend to effectuate the declared handlers that handled less than 250,000 for their account during several policy of the Act; pounds of almonds. This in turn would prescribed periods. This information is (3) The marketing agreement and place more of a burden on those combined with other information order, as amended, and as hereby regulated handlers that handled more reported to the Board to determine proposed to be further amended, than 250,000 pounds of almonds. handlers’ assessment and reserve regulate the handling of almonds grown obligations. Inspection certificates are Accordingly, the record evidence does in California in the same manner as, and used to verify information reported to not support the proposal to require that are applicable only to, persons in the the Board and for determining inedible when a reserve is established, the first respective classes of commercial and obligations. They are not necessary for 250,000 pounds handled by a handler industrial activity specified in the the Board to make assessment billings would be exempt from the reserve marketing agreement and order upon and determine reserve obligations. which a hearing has been held; percentage. Therefore, this proposed If implemented, this proposal may amendment is not recommended. (4) The marketing agreement and subject handlers to civil or criminal order, as amended, and as hereby Material Issue Number 29 penalties for having product inspected proposed to be further amended, are after February 28. It would also have the The proposed amendment to § 981.71 limited in their application to the effect of dictating to growers when they would have required incoming smallest regional production area which have to sell and deliver their product to inspections to be conducted no later is practicable, consistent with carrying a handler. It is conceivable that for than the last day of February during the out the declared policy of the Act, and financial reasons, a grower may choose then current crop year. the issuance of several orders applicable to store his or her product until late in to subdivision of the production area Section 981.71, which provides for the season before selling it to a handler. furnishing statistical information to the would not effectively carry out the This proposed amendment would, in declared policy of the Act; and Board for purposes of establishing the effect, prohibit such a practice. reserve obligation, was suspended (5) All handling of almonds grown in While the proposed amendment California as defined in the marketing indefinitely in 1975. Section 981.42 could, in some instances, serve to provides that handlers shall obtain agreement and order, as amended, and facilitate the operations of the Board, as hereby proposed to be further incoming inspection through the the positive aspects of such a proposal Federal-State inspection service to amended, is in the current of interstate are outweighed by the negative. or foreign commerce or directly determine the amount of inedible Regulating the industry in this regard kernels in each variety and report the burdens, obstructs, or affects such would place an undue burden on both commerce. determination to the Board. growers and handlers which is not A proponent at the hearing testified necessary for the functioning and List of Subjects in 7 CFR Part 981 that the incoming inspection is needed administration of the program. Almonds, Marketing agreements, in order to determine the size of the For the reasons stated above, this Nuts, Reporting and recordkeeping industry’s total crop. The industry proposed amendment is not requirements. needs to know no later than the end of recommended. February of each year, the quantity of Recommended Further Amendment of almonds received by handlers for Rulings on Briefs of Interested Persons the Marketing Agreement and Order election purposes, Board statistical use, Briefs, proposed findings and For the reasons set out in the reserve calculations, and assessment conclusions, and the evidence in the preamble, 7 CFR part 981 is proposed to calculations. The proponent testified record were considered in making the be amended as follows: that the longer inspection is delayed, findings and conclusions set forth in the longer payment of assessments is this recommended decision. To the PART 981ÐALMONDS GROWN IN also delayed. If the Board is going to extent that the suggested findings and CALIFORNIA receive the assessment money, they conclusions filed by interested persons would prefer to receive it earlier. If a are inconsistent with the findings and 1. The authority citation for 7 CFR handler receives almonds after the conclusions of this recommended part 981 continues to read as follows: February date, the handler should decision, the requests to make such Authority: 7 U.S.C. 601–674. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17485 2. Section 981.14 is revised to read as confectionery, bakery, ice cream, and ‘‘March 31’’ and adding in its place the follows: nut salting trades will acquire from all date ‘‘December 31’’ to read as follows: handlers during a crop year for § 981.14 Cooperative handler. distribution worldwide. § 981.32 Nominations. Cooperative handler means any 7. Sections 981.30 and 981.31 are (a) Method. (1) Each year the terms of handler as defined in § 981.13 of this revised to read as follows: office of three of the members elected subpart which qualifies for treatment as pursuant to Section 981.31(a) and (b) a nonprofit cooperative association as § 981.30 Establishment. shall expire, except every third year defined in Section 54001, et seq. of the The Almond Board shall consist of when the term of office for four of those California Food and Agricultural Code. twelve members, each with an alternate members shall expire. Nominees for The Board, with the approval of the member. each respective member and alternate Secretary, may modify this definition, if member shall be chosen by ballot necessary. § 981.31 Membership representation. delivered to the Board. Nominees 3. Section 981.16 is revised to read as Membership of the Board will be chosen by the Board in this manner follows: determined in the following manner: shall be submitted by the Board to the (a) Three members and an alternate Secretary on or before February 20 of § 981.16 To handle. for each member shall be selected from each year together with such To handle means to use almonds nominees submitted by each of the information as the Secretary may commercially of own production or to following groups designated in require. If a nomination for any Board sell, consign, transport, ship (except as paragraphs (a)(1) and (2) of this section, member or alternate is not received by a common carrier of almonds owned by or from among other qualified persons the Secretary on or before February 20, another) or in any other way to put belonging to such groups: the Secretary may select such member almonds grown in the area of (1) Those growers who market their or alternate from persons belonging to production into any channel of trade for almonds through cooperative handlers; the group to be represented without human consumption worldwide, either and nomination. The Board shall mail to all within the area of production or by (2) Those growers who market their handlers and growers, other than the transfer from the area of production to almonds through other than cooperative cooperative(s) of record, the required points outside or by receipt as first handlers. ballots with all necessary voting receiver at any point of entry in the (b) Two members and an alternate for information including the names of United States or Puerto Rico of almonds each member shall be selected from incumbents willing to accept grown in the area of production, nominees submitted by each of the renomination, and, to such growers, the exported therefrom and submitted for following groups designated in name of any person proposed for reentry or which are reentered free of paragraphs (b)(1) and (2) of this section, nomination in a petition signed by at duty. However, sales or deliveries by a or from among other qualified persons least 15 such growers and filed with the grower to handlers, hullers or other belonging to such groups: Board on or before January 20. processors within the area of production (1) Cooperative handlers; and Distribution of ballots shall be shall not, in itself, be considered as (2) All handlers, other than announced by press release, furnishing handling by a grower. cooperative handlers. pertinent information on balloting, 4. Section 981.18 is amended by (c) One member and an alternate shall issued by the Board through newspapers removing the word ‘‘and’’ at the end of be selected from nominees submitted by and other publications having general paragraph (b); removing the period and each of the following groups designated circulation in the almond producing adding ‘‘, and’’ at the end of paragraph in paragraphs (c)(1) and (2) of this areas. (c); and adding a new paragraph (d) to section, or from among other qualified (2) Nominees for the positions read as follows: persons belonging to such groups: described in § 981.31(c) shall be (1) The group of cooperative handlers § 981.18 Settlement weight. handled in the same manner as or the group of handlers other than described in paragraph (a)(1) of this * * * * * cooperative handlers, whichever section except that those terms of office (d) For inedible kernels as defined in received for their account more than 50 shall expire annually. § 981.8. percent of the almonds delivered by all * * * * * 5. Section 981.19 is revised to read as growers as determined by December 31 follows: 9. Section 981.33 is revised to read as of the then current crop year; and follows: § 981.19 Crop year. (2) Those growers whose almonds Crop year means the twelve month were marketed through the handler § 981.33 Selection and term of office. period from August 1 to the following group identified in paragraph (c)(1) of (a) Members and their respective July 31, inclusive. Any new crop this section. alternates for positions open on the almonds harvested or received prior to (d) The Secretary, upon Board shall be selected by the Secretary August 1 will be applied to the next recommendation of the Board, or other from persons nominated pursuant to crop year for marketing order purposes. information, may reapportion within the § 981.32, or, at the discretion of the The first crop year after the 12-member Board, the number of grower Secretary, from other qualified persons, implementation of this amendment members or handler members, or both, for a term of office beginning March 1. shall be a 13-month period. of any group listed in § 981.31 (a) Members and alternates shall continue 6. Section 981.21 is revised to read as through (c), to be nominated pursuant to to serve until their respective successors follows: § 981.32. Any such change shall be are selected and qualified. based, insofar as practicable, upon the (b) The term of office of members of § 981.21 Trade demand. proportionate amounts of almonds the Board shall be for a period of three Trade demand means the quantity of handled within any group. years beginning on March 1 of the years almonds (kernelweight basis) which 8. Section 981.32 is amended by selected except where otherwise commercial distributors and users such revising paragraph (a) and amending provided. However, for the initial ten as the wholesale, chain store, paragraph (b)(2) by removing the date members of the Board selected pursuant 17486 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules to this section and to paragraphs (a) and or fax upon written notice to all § 981.50 [Amended] (b) of § 981.31, three members shall members, or alternates acting in their 15. Amend § 981.50 by adding after serve for a term of one year; three place, including in the notice a the words ‘‘into oil’’, the words ‘‘or sold members shall serve for a term of two statement of a reasonable time, not to as certified organic.’’ years; and four members shall serve for exceed 10 days, in which a vote by mail, 16. Amend § 981.55 by designating a term of three years. For the initial telegram or fax must be received by the the existing paragraph as (a) and adding terms of office, at the time of Board for counting. Voting by mail, a new paragraph (b) to read as follows: nomination under § 981.32, the Board telegram or fax shall not be permitted at shall make this designation by lot. The any assembled meeting of the Board. § 981.55 Interhandler transfers. term of office for the two members When a proposition is submitted for * * * * * selected under paragraph (c) of § 981.31 vote by mail, telegram or fax, at least ten (b) When saleable and reserve shall always be for a period of one year. members of the Board must vote in favor percentages are in effect, any handler (c) Board members may serve for a of its passage or the proposition shall be may transfer reserve withholding total of six consecutive years. Members defeated. obligation to other handlers. Terms and who have served for six consecutive * * * * * conditions implementing this provision years must leave the Board for at least 12. In § 981.41, paragraph (c) is must be recommended by the Board and one year before becoming eligible to amended by removing the colon and all approved by the Secretary. serve again. A person who has served text following the words ‘‘15 percent’’ in 17. Section 981.60 is amended by less than six consecutive years on the the last sentence and adding in its place revising paragraph (b) to read as follows: Board may not be nominated to a new a period and by amending paragraph (a) three year term if his or her total by adding a sentence at the end of the § 981.60 Determination of kernel weight. consecutive years on the Board at the paragraph to read as follows: * * * * * end of that new term would exceed six (b) Almonds for which settlement is § 981.41 Research and development. years. This limitation on tenure shall made on unshelled weight. The not include service on the Board prior (a) * * * Notwithstanding the settlement weight for unshelled to implementation of this amendment foregoing, certified organic almonds almonds shall be determined on the and shall not apply to alternate may be exempt from assessments for basis of representative samples of members. marketing promotion, including paid unshelled almonds reduced to shelled 10. Section 981.34 is revised to read advertising, upon recommendation of weight. as follows: the Board and approval of the Secretary. 18. Section 981.61 is amended by * * * * * revising the last sentence to read as § 981.34 Qualification and acceptance. 13. Section 981.47 is amended by follows: (a) Any person to be selected as a designating the existing paragraph as member or alternate of the Board shall, (a), removing the words ‘‘either § 981.61 Redetermination of kernel weight. prior to such selection, qualify by domestic or’’ in the third sentence of ** * Weights used in such providing such background information paragraph (a), and adding a new computations for various classifications as necessary and by advising the paragraph (b) to read as follows: of almonds shall be: Secretary that he/she agrees to serve in § 981.47 Method of establishing salable (a) For unshelled almonds, the the position for which nominated. and reserve percentages. kernelweight based on representative Grower members and alternates shall be * * * * * samples reduced to shelled weight; growers or employees of growers, and (b) Notwithstanding the provisions of (b) For shelled almonds, the net handler members and alternates shall be paragraph (a) of this section, the weight; and handlers or employees of handlers. In Secretary shall exempt from any reserve (c) For shelled almonds used in the event any member or alternate that is established that part of the crop production of almond products, the net ceases to be qualified for the position for which is sold as ‘‘certified organic’’ weight of such almonds. which selected, that position shall be under standards established by the deemed vacant. Organic Foods Production Act of 1990, § 981.62 [Removed] (b) The Board, with approval of the (7 U.S.C. 2101 et seq.) and the California 19. Section 981.62 is removed. Secretary, may establish additional Organic Foods Act of 1990, as amended. § 981.66 [Amended] eligibility requirements for grower The Board may propose regulations to members on the Board. assure procedures to implement this 20. Section 981.66 is amended by 11. Section 981.40 is amended by section. removing paragraphs (b) and (d), revising paragraphs (b) and (c) and 14. In § 981.49, the introductory redesignating paragraph (c) as paragraph amending paragraph (e) by removing the paragraph is amended by removing the (b), redesignating paragraph (e) as word ‘‘seven’’ and adding in its place word ‘‘six’’ and adding in its place the paragraph (c), redesignating paragraphs the word ‘‘eight’’ to read as follows: word ‘‘eight’’, by removing ‘‘; and’’ in (f) and (g) as paragraphs (d) and (e), and paragraph (e) and adding a period in its by amending newly designated § 981.40 Procedure. place, by adding ‘‘and’’ at the end of paragraph (c) by removing all references * * * * * paragraph (d); by removing paragraph (f) to the date ‘‘September 1’’ and adding (b) Quorum. The presence of eight and by revising paragraph (b) to read as in each place ‘‘December 31’’. members shall be required to constitute follows: a quorum. All decisions of the Board § 981.67 [Amended] shall be as follows except where § 981.49 Board estimates and 21. Section 981.67 is amended by otherwise specifically provided: 8 or 9 recommendations. removing all references to the date members present, 6 votes; 10 members * * * * * ‘‘September 1’’ and adding in each place present, 7 votes; 11 or 12 members (b) The estimated handler carryover ‘‘December 31’’. present, 8 votes. and the estimated reserve inventory as 22. Section 981.70 is amended by (c) Voting by mail, telegram or fax. of July 31; revising the first sentence to read as The Board may vote by mail, telegram * * * * * follows: Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17487 § 981.70 Records and verification. § 981.467 [Amended] Region, Office of the Assistant Chief Each handler shall keep records 26. In § 981.467, paragraph (a) is Counsel, Attention: Rules Docket No. which will clearly show the details of amended by removing the date ‘‘July 1’’ 95–ANE–10, 12 New England Executive his or her receipts of almonds, and adding in its place ‘‘August 1’’ and Park, Burlington, MA 01803–5299. withholdings, sales, shipments, by removing the words ‘‘export or’’ and Comments may be inspected at this inventories, reserve disposition, ‘‘or both,’’ from the second sentence in location between 8:00 a.m. and 4:30 advertising and promotion activities, as paragraph (a). p.m., Monday through Friday, except well as other pertinent information Federal holidays. regarding his or her operation pursuant § 981.462 [Amended] The service information referenced in to the provisions of this part: Provided, 27. In § 981.472, paragraph (a) is the proposed rule may be obtained from that, such records shall be kept in the amended by removing the dates ‘‘July 1 General Electric Aircraft Engines, CF6 State of California. * ** to August 31’’ and adding in its place Distribution Clerk, Room 132, 111 23. A new § 981.76 is added before ‘‘August 1 to August 31.’’ Merchant Street, Cincinnati, OH 45246. the undesignated center heading Dated: March 22, 1995. This information may be examined at ‘‘Expenses and Assessments’’ to read as Lon Hatamiya, the FAA, New England Region, Office of follows: Administrator. the Assistant Chief Counsel, 12 New England Executive Park, Burlington MA. § 981.76 Handler List of Growers. [FR Doc. 95–8205 Filed 4–5–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410±02±P No later than December 31 of each Robert J. Ganley, Aerospace Engineer, crop year, each handler other than a Engine Certification Office, FAA, Engine cooperative handler (hereinafter, DEPARTMENT OF TRANSPORTATION and Propeller Directorate, 12 New referred to as independent handler) England Executive Park, Burlington, MA governed by this subpart shall, upon Federal Aviation Administration 01803–5299; telephone (617) 238–7138; request, submit to the Board a complete fax (617) 238–7199. list of growers who have delivered 14 CFR Part 39 almonds to such independent handler SUPPLEMENTARY INFORMATION: [Docket No. 95±ANE±10] during that crop year. Comments Invited 24. Section 981.81 is amended by adding a new paragraph (e) to read as Airworthiness Directives; General Interested persons are invited to follows: Electric Company CF6 Series Turbofan participate in the making of the Engines proposed rule by submitting such § 981.81 Assessment. written data, views, or arguments as AGENCY: Federal Aviation they may desire. Communications * * * * * Administration, DOT. (e) Any assessment not paid by a should identify the Rules Docket handler within a period of time ACTION: Notice of proposed rulemaking number and be submitted in triplicate to prescribed by the Board may be subject (NPRM). the address specified above. All communications received on or before to an interest or late payment charge or SUMMARY: This document proposes the both. The period of time, rate of interest adoption of a new airworthiness the closing date for comments, specified and late payment charge shall be as directive (AD) that is applicable to above, will be considered before taking recommended by the Board and General Electric Company (GE) CF6–45/ action on the proposed rule. The approved by the Secretary. Subsequent –50 series turbofan engines. This proposals contained in this notice may to such approval, all assessments not proposal would require an initial and be changed in light of the comments paid within the prescribed period of repetitive on-wing visual inspection of received. time shall be subject to an interest or the side links of the five-link forward Comments are specifically invited on late payment charge or both. mount assembly for cracks, and the overall regulatory, economic, 25. Section 981.90 is amended replacement of the side links and pylon environmental, and energy aspects of redesignating paragraph (b)(2) and (b)(3) attachment bolts, and inspection of the the proposed rule. All comments as paragraphs (b)(3) and (b)(4) and by fail-safe bolt and platform lug, if the submitted will be available, both before amending newly designated paragraph side links are found cracked. This and after the closing date for comments, (b)(3) by removing the date ‘‘June 1’’ and proposal would also require a shop- in the Rules Docket for examination by adding in its place ‘‘July 1’’ and adding level refurbishment of the side links as interested persons. A report a new (b)(2), to read as follows: a terminating action to the on-wing summarizing each FAA-public contact inspection program. This proposal is concerned with the substance of this § 981.90 Effective time, suspension, or proposal will be filed in the Rules termination. prompted by four reports of cracked side links detected during routine Docket. * * * * * Commenters wishing the FAA to engine shop visits. The actions specified (b) * * * acknowledge receipt of their comments by the proposed AD are intended to (2) The Secretary shall conduct a submitted in response to this notice prevent a side link fracture, which referendum as soon as practical after the must submit a self-addressed, stamped could result in the failure of the second end of the fiscal year ending two years postcard on which the following side link, or the forward engine mount after implementation of this statement is made: ‘‘Comments to pylon attachment bolts, and possible amendment, and at such time every fifth Docket Number 95–ANE–10.’’ The separation of the engine from the year thereafter, to ascertain whether postcard will be date stamped and aircraft. continuation of the order is favored by returned to the commenter. growers who have been engaged in the DATES: Comments must be received by production of almonds for market May 8, 1995. Availability of NPRMs within the State of California during the ADDRESSES: Submit comments in Any person may obtain a copy of this current crop year. triplicate to the Federal Aviation NPRM by submitting a request to the * * * * * Administration (FAA), New England FAA, New England Region, Office of the 17488 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules Assistant Chief Counsel, Attention: work hours per engine to accomplish § 39.13 [Amended] Rules Docket No. 95–ANE–10, 12 New the proposed actions, and that the 2. Section 39.13 is amended by England Executive Park, Burlington, MA average labor rate is $60 per work hour. adding the following new airworthiness 01803–5299. The FAA has estimated that only a directive: Discussion small percentage of parts will actually General Electric Company: Docket No. 95– require replacement as a result of this ANE–10. This proposed airworthiness directive AD, and therefore, has determined the Applicability: General Electric Company (AD) is applicable to the General parts cost to be negligible. Based on (GE) CF6–45/–50 series turbofan engines Electric Company (GE) CF6–45/–50 installed on, but not limited to, Airbus A300 series turbofan engines. The Federal these figures, the total cost impact of the proposed AD on U.S. operators is series, Boeing 747 series, and McDonnell Aviation Administration (FAA) has Douglas DC–10 series aircraft. estimated to be $99,000. received four reports of cracked side Note: This AD applies to each engine links of the five-link forward mount The regulations proposed herein identified in the preceding applicability assembly. These cracks were detected provision, regardless of whether it has been would not have substantial direct effects during routine engine shop visits. modified, altered, or repaired in the area on the States, on the relationship Metallurgical analysis performed on the subject to the requirements of this AD. For fractured side links indicate that the between the national government and engines that have been modified, altered, or cracking is the result of stress corrosion. the States, or on the distribution of repaired so that the performance of the power and responsibilities among the requirements of this AD is affected, the Stress corrosion cracking occurs when owner/operator must use the authority the protective coating is locally missing, various levels of government. Therefore, in accordance with Executive Order provided in paragraph (d) to request approval allowing corrosive materials to come in from the FAA. This approval may address contact with the base material of the 12612, it is determined that this either no action, if the current configuration side link. Preliminary analysis proposal would not have sufficient eliminates the unsafe condition, or different conducted with a simulated side link federalism implications to warrant the actions necessary to address the unsafe failure indicates that the second side preparation of a Federalism Assessment. condition described in this AD. Such a request should include an assessment of the link, or the pylon attachment bolts For the reasons discussed above, I depending on the type of aircraft, may effect of the changed configuration on the certify that this proposed regulation (1) unsafe condition addressed by this AD. In no not be capable of withstanding the is not a ‘‘significant regulatory action’’ case does the presence of any modification, resulting loads in this configuration. A under Executive Order 12866; (2) is not alteration, or repair remove any engine from shop-level refurbishment procedure a ‘‘significant rule’’ under the DOT the applicability of this AD. exists which enhances the durability of Regulatory Policies and Procedures (44 Compliance: Required as indicated, unless the side links’ protective coating, FR 11034, February 26, 1979); and (3) if accomplished previously. therefore reducing the chance of cracks To prevent a side link fracture, which due to stress corrosion. This condition, promulgated, will not have a significant could result in failure of the second side link, if not corrected, could result in a side economic impact, positive or negative, or the forward engine mount pylon link fracture, which could result in the on a substantial number of small entities attachment bolts, and possible separation of failure of the second side link or the under the criteria of the Regulatory the engine from the aircraft, accomplish the forward engine mount pylon attachment Flexibility Act. A copy of the draft following: regulatory evaluation prepared for this (a) Inspect left-hand side links, Part bolts, and possible separation of the Numbers (P/N) 9204M94P01, 9204M94P03, engine from the aircraft. The action is contained in the Rules Docket. and 9346M99P01, and right-hand side links, requirements of this AD have been A copy of it may be obtained by P/N’s 9204M94P02, 9204M94P04, and reviewed by the Transport Airplane contacting the Rules Docket at the 9346M99P02, that have not had the side link Directorate. location provided under the caption refurbishment done in accordance with GE The FAA has reviewed and approved ADDRESSES. CF6–50 Task Numbered Shop Manual, GEK the technical contents of GE Aircraft 50481, Chapter 72–23–11, including Engines CF6–50 Service Bulletin No. List of Subjects in 14 CFR Part 39 Temporary Revision No. 72–0821 and 72– 72–1092, dated November 18, 1994, that 0822, both dated November 1, 1994, as follows: describes procedures for the initial and Air transportation, Aircraft, Aviation (1) For side links that have not been repetitive on-wing visual inspection and safety, Safety. previously inspected in accordance with GE side link refurbishment. Aircraft Engines (GEAE) CF6–50 Service Since an unsafe condition has been The Proposed Amendment Bulletin (SB) No. 72–1092, dated November identified that is likely to exist or 18, 1994, inspect in accordance with develop on other products of this same Accordingly, pursuant to the paragraph 2.A of GEAE CF6–50 SB No. 72– type design, the proposed AD would 1092, dated November 18, 1994, prior to authority delegated to me by the accumulating 350 cycles in service (CIS), or require an initial and repetitive on-wing Administrator, the Federal Aviation visual inspection of the side links of the 750 hours time in service (TIS), after the Administration proposes to amend 14 effective date of this AD, whichever occurs five-link forward mount assembly for CFR part 39 of the Federal Aviation earlier. cracks, replacement of the side links Regulations (14 CFR part 39) as follows: (2) For side links that have been previously and pylon attachment bolts, and inspected in accordance with GEAE CF6–50 inspection of the fail-safe bolt and SB No. 72–1092, dated November 18, 1994, platform lug, if side links are found PART 39ÐAIRWORTHINESS inspect in accordance with paragraph 2.A of cracked. This proposal would also DIRECTIVES GEAE CF6–50 SB No. 72–1092, dated require a shop-level refurbishment of November 18, 1994, prior to accumulating the side links as a terminating action to 350 CIS, or 750 hours TIS since inspected in 1. The authority citation for part 39 accordance with GEAE CF6–50 SB No. 72– the on-wing inspection program. continues to read as follows: 1092, dated November 18, 1994, whichever The FAA estimates that 220 engines occurs earlier. installed on aircraft of U.S. registry Authority: 49 U.S.C. App. 1354(a), 1421 (3) Thereafter, inspect in accordance with would be affected by this proposed AD, and 1423; 49 U.S.C. 106(g); and 14 CFR paragraph 2.A of GEAE CF6–50 SB No. 72– that it would take approximately 7.5 11.89. 1092, dated November 18, 1994, at intervals Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17489 not to exceed 350 CIS, or 750 hours TIS since failure of the rudder pedals adjuster hub in the Rules Docket for examination by the last inspection, whichever occurs earlier. assembly due to broken detent lugs. interested persons. A report (4) If side links are found cracked, replace This action would expand the summarizing each FAA-public contact the cracked side links and pylon attachment applicability of the existing AD to concerned with the substance of this bolts with serviceable parts, and inspect the include additional airplanes. The proposal will be filed in the Rules fail-safe bolt and platform lug in accordance with paragraph 2.B of GEAE CF6–50 SB No. actions specified by the proposed AD Docket. 72–1092, dated November 18, 1994, prior to are intended to prevent loss of rudder Commenters wishing the FAA to further flight. pedals control and reduction of braking acknowledge receipt of their comments (b) Refurbish the left-hand and right-hand capability. submitted in response to this notice side links identified in paragraph (a) of this DATES: Comments must be received by must submit a self-addressed, stamped AD at the next engine shop visit after the May 15, 1995. postcard on which the following effective date of this AD in accordance with ADDRESSES: Submit comments in statement is made: ‘‘Comments to paragraph 2.C of GEAE CF6–50 SB No. 72– Docket Number 95–NM–20–AD.’’ The 1092, dated November 18, 1994. triplicate to the Federal Aviation Administration (FAA), Transport postcard will be date stamped and Refurbishment of side links in accordance returned to the commenter. with this paragraph constitutes terminating Airplane Directorate, ANM–103, action to the on-wing inspection Attention: Rules Docket No. 95–NM– Availability of NPRMs requirements of paragraph (a) of this AD. 20–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this (c) For the purpose of this AD, an engine Renton, Washington 98055–4056. NPRM by submitting a request to the shop visit is defined as the induction of an Comments may be inspected at this FAA, Transport Airplane Directorate, engine into a shop for maintenance involving location between 9:00 a.m. and 3:00 ANM–103, Attention: Rules Docket No. the separation of the fan and core modules. p.m., Monday through Friday, except 95–NM–20–AD, 1601 Lind Avenue SW., (d) An alternative method of compliance or Federal holidays. adjustment of the compliance time that Renton, Washington 98055–4056. provides an acceptable level of safety may be The service information referenced in used if approved by the Manager, Engine the proposed rule may be obtained from Discussion Certification Office. The request should be McDonnell Douglas Corporation, P.O. On December 9, 1992, the FAA issued forwarded through an appropriate FAA Box 1771, Long Beach, California AD 92–27–07, amendment 39–8441 (57 Principal Maintenance Inspector, who may 90801–1771, Attention: Business Unit FR 60116, December 18, 1992), add comments and then send it to the Manager, Technical Administrative applicable to certain McDonnell Manager, Engine Certification Office. Support, Dept. LS1, M.C. 2–98. This Douglas Model DC–9 and Model DC–9– Note: Information concerning the existence information may be examined at the 80 series airplanes; Model MD–88 of approved alternate methods of compliance FAA, Transport Airplane Directorate, with this airworthiness directive, if any, may airplanes; and C–9 (military) series 1601 Lind Avenue, SW., Renton, airplanes. That AD requires visual and be obtained from the Engine Certification Washington; or at the FAA, Transport Office. eddy current inspections to detect Airplane Directorate, Los Angeles cracking of the rudder pedals adjuster Issued in Burlington, Massachusetts, on Aircraft Certification Office, 3960 March 22, 1995. hub assembly, and replacement of the Paramount Boulevard, Lakewood, James C. Jones, assembly, if necessary. That action was California. prompted by several occurrences of Acting Manager, Engine and Propeller FOR FURTHER INFORMATION CONTACT: Directorate, Aircraft Certification Service. failure of the rudder pedals adjuster hub Augusto Coo, Aerospace Engineer, [FR Doc. 95–8444 Filed 4–3–95; 1:31 pm] assembly due to broken detent lugs. The Airframe Branch, ANM–120L, FAA, actions required by that AD are BILLING CODE 4910±13±P Transport Airplane Directorate, Los intended to prevent loss of rudder Angeles Aircraft Certification Office, pedals control and reduction of braking 3960 Paramount Boulevard, Lakewood, 14 CFR Part 39 capability. California 90712; telephone (310) 627– Since the issuance of AD 92–27–07, [Docket No. 95±NM±20±AD] 5225; fax (310) 627–5210. the manufacturer has advised the FAA that several additional airplanes have Airworthiness Directives; McDonnell SUPPLEMENTARY INFORMATION: been identified that are subject to the Douglas Model DC±9 and Model DC±9± Comments Invited same type of cracking of the rudder 80 Series Airplanes; Model MD±88 Interested persons are invited to pedals adjust hub assembly as Airplanes; and C±9 (Military) Series participate in the making of the addressed by that AD. These airplanes Airplanes proposed rule by submitting such were inadvertently omitted from the AGENCY: Federal Aviation written data, views, or arguments as effectivity listing of McDonnell Douglas Administration, DOT. they may desire. Communications shall DC–9 Alert Service Bulletin A27–235, ACTION: Notice of proposed rulemaking identify the Rules Docket number and Revision 1, dated February 3, 1992. AD (NPRM). be submitted in triplicate to the address 92–27–07 referenced that specific listing specified above. All communications of airplanes as those subject to the SUMMARY: This document proposes the received on or before the closing date requirements of that AD. In light of this, supersedure of an existing airworthiness for comments, specified above, will be the FAA has determined that those directive (AD), applicable to certain considered before taking action on the additional airplanes are subject to the McDonnell Douglas Model DC–9 and proposed rule. The proposals contained same unsafe condition addressed by AD Model DC–9–80 series airplanes; Model in this notice may be changed in light 92–27–07. MD–88 airplanes; and C–9 (military) of the comments received. The FAA has reviewed and approved series airplanes; that currently requires Comments are specifically invited on McDonnell DC–9 Alert Service Bulletin visual and eddy current inspections to the overall regulatory, economic, A27–325, Revision 2, dated January 27, detect cracking of the rudder pedals environmental, and energy aspects of 1994. This revised service bulletin is adjuster hub assembly, and replacement the proposed rule. All comments essentially identical to the original of the assembly, if necessary. That AD submitted will be available, both before version, which was cited in AD 92–27– was prompted by several occurrences of and after the closing date for comments, 07 as the appropriate source of service 17490 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules information, but revises the effectivity new costs associated with those § 39.13 [Amended] listing to include additional airplanes. airplanes. 2. Section 39.13 is amended by Since an unsafe condition has been This proposed action would be removing amendment 39–8441 (57 FR identified that is likely to exist or applicable to approximately 188 60116, December 18, 1992), and by develop on other products of this same additional airplanes. Based on the adding a new airworthiness directive type design, the proposed AD would figures discussed above, the total new (AD), to read as follows: supersede AD 92–27–07 to continue to costs to U.S. operators that would be McDonnell Douglas: Docket 95–NM–07–AD. require visual and eddy current imposed by this AD are estimated to be Supersedes AD 92–27–07, Amendment inspections to detect cracking of the $33,840. This figure is based on 39–8441. rudder pedals adjuster hub assembly assumptions that no operator of these Applicability: Model DC–9–10, –20, –30, and replacement of the assembly, if additional airplanes has yet –40, and –50 series airplanes; Model DC 9– necessary. This proposal also would accomplished any of the proposed 81 (MD–81), –82 (MD–82), –83 (MD–83), and expand the applicability of the existing requirements of this AD action, and that –87 (MD–87) series airplanes; Model MD–88 AD to include additional airplanes. The airplanes; and Model C–9 (military) series no operator would accomplish those airplanes; as listed in McDonnell Douglas actions would be required to be actions in the future if this AD were not accomplished in accordance with the DC–9 Alert Service Bulletin A27–325, adopted. Revision 2, dated January 27, 1995; service bulletin described previously. The regulations proposed herein certificated in any category. As a result of recent communications would not have substantial direct effects Note 1: This AD applies to each airplane with the Air Transport Association on the States, on the relationship identified in the preceding applicability (ATA) of America, the FAA has learned between the national government and provision, regardless of whether it has been that, in general, some operators may the States, or on the distribution of modified, altered, or repaired in the area misunderstand the legal effect of AD’s subject to the requirements of this AD. For power and responsibilities among the on airplanes that are identified in the airplanes that have been modified, altered, or various levels of government. Therefore, applicability provision of the AD, but repaired so that the performance of the in accordance with Executive Order that have been altered or repaired in the requirements of this AD is affected, the 12612, it is determined that this area addressed by the AD. The FAA owner/operator must use the authority proposal would not have sufficient provided in paragraph (c) to request approval points out that all airplanes identified in federalism implications to warrant the from the FAA. This approval may address the applicability provision of an AD are preparation of a Federalism Assessment. either no action, if the current configuration legally subject to the AD. If an airplane eliminates the unsafe condition; or different has been altered or repaired in the For the reasons discussed above, I actions necessary to address the unsafe affected area in such a way as to affect certify that this proposed regulation (1) condition described in this AD. Such a compliance with the AD, the owner or is not a ‘‘significant regulatory action’’ request should include an assessment of the operator is required to obtain FAA under Executive Order 12866; (2) is not effect of the changed configuration on the approval for an alternative method of a ‘‘significant rule’’ under the DOT unsafe condition addressed by this AD. In no compliance with the AD, in accordance Regulatory Policies and Procedures (44 case does the presence of any modification, FR 11034, February 26, 1979); and (3) if alteration, or repair remove any airplane from with the paragraph of each AD that the applicability of this AD. provides for such approvals. A note has promulgated, will not have a significant Compliance: Required as indicated, unless been included in this notice to clarify economic impact, positive or negative, on a substantial number of small entities accomplished previously. this long-standing requirement. To prevent loss of rudder pedals control There are approximately 909 Model under the criteria of the Regulatory and reduction of braking capability, DC–9 and Model DC–9–80 series Flexibility Act. A copy of the draft accomplish the following: airplanes; Model MD–88 airplanes; and regulatory evaluation prepared for this (a) For airplanes listed in McDonnell C–9 (military) series airplanes of the action is contained in the Rules Docket. Douglas Service Bulletin, Revision 1, dated affected design in the worldwide fleet. A copy of it may be obtained by February 3, 1993: Prior to the accumulation The FAA estimates that 561 airplanes of contacting the Rules Docket at the of 15,000 landings or within 270 days after U.S. registry would be affected by this location provided under the caption January 22, 1993 (the effective date of AD 92– ADDRESSES. 27–07, amendment 39–8441), whichever proposed AD, that it would take occurs later, conduct a visual and eddy approximately 3 work hours per List of Subjects in 14 CFR Part 39 current inspection to detect cracks of the airplane to accomplish the proposed rudder pedals adjuster hub assembly, part actions, and that the average labor rate Air transportation, Aircraft, Aviation number 4616066, in accordance with is $60 per work hour. Based on these safety, Safety. McDonnell Douglas DC–9 Alert Service figures, the total cost impact of the Bulletin A27–325, Revision 1, dated February The Proposed Amendment proposed AD on U.S. operators is 3, 1992, or Revision 2, dated January 27, estimated to be $180 per airplane. 1995. Accordingly, pursuant to the (1) If no cracks are detected as a result of The actions specified in this proposed authority delegated to me by the the inspections required by this paragraph, rule previously were required by AD Administrator, the Federal Aviation repeat the inspections at intervals not to 92–27–07, which was applicable to Administration proposes to amend part exceed 3,500 landings. approximately 373 airplanes. Based on 39 of the Federal Aviation Regulations (2) If cracks are detected as a result of the the figures discussed above, the total (14 CFR part 39) as follows: inspections required by this paragraph, prior cost impact of the current requirements to further flight, replace the rudder pedals of that AD on U.S. operators is PART 39ÐAIRWORTHINESS adjuster hub assembly, part number 4616066, estimated to be $67,140. In DIRECTIVES with a new assembly having the same part consideration of the compliance time number, in accordance with McDonnell 1. The authority citation for part 39 Douglas DC–9 Alert Service Bulletin A27– and effective date of AD 92–27–07, the 325, Revision 2, dated January 27, 1995. FAA assumes that operators of the 373 continues to read as follows: Thereafter, conduct visual and eddy current airplanes subject to that AD have Authority: 49 U.S.C. App. 1354(a), 1421 inspections of the replacement rudder pedals already initiated the required actions. and 1423; 49 U.S.C. 106(g); and 14 CFR adjuster hub assembly in accordance with The proposed AD action would add no 11.89. this paragraph. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17491 (b) For airplanes listed in McDonnell requesting public comments about the A. Background Douglas Service Bulletin Revision 2, dated overall costs and benefits, as well as the January 27, 1995, and not subject to The Rule was promulgated by the overall regulatory and economic impact, Commission in 1970.2 The Light Bulb paragraph (a) of this AD: Prior to the of the Rule Concerning Incandescent accumulation of 15,000 landings or within Rule makes it an unfair method of 270 days after the effective date of this AD, Lamp (Light Bulb) Industry (‘‘the Light competition and an unfair and whichever occurs later, conduct a visual and Bulb Rule’’ or ‘‘the Rule’’). All deceptive act or practice, in connection eddy current inspection to detect cracks of interested persons are hereby given with the sale in commerce of general the rudder pedals adjuster hub assembly, part notice of the opportunity to submit service incandescent electric lamps number 4616066, in accordance with written data, views and arguments (light bulbs) to: McDonnell Douglas DC–9 Alert Service concerning this review of the Rule. (1) Fail to disclose clearly and Bulletin A27–325, Revision 1, dated February 3, 1992, or Revision 2, dated January 27, DATES: Written comments will be conspicuously on the containers of such 1995. accepted until June 6, 1995. lamps (or, if there are no containers, on (1) If no cracks are detected as a result of ADDRESSES: Comments should be the bulbs themselves) their average the inspections required by this paragraph, directed to: Secretary, Federal Trade initial wattage, average initial lumens repeat the inspections at intervals not to Commission, Room H–159, Sixth and and average laboratory life; exceed 3,500 landings. Pennsylvania Avenue NW., Washington, (2) Fail to disclose clearly and (2) If cracks are detected as a result of the DC 20580. Comments about the Light conspicuously on the bulbs themselves inspections required by this paragraph, prior their average initial wattage and design to further flight, replace the rudder pedals Bulb Rule should be identified as ‘‘16 CFR Part 409—Comment.’’ voltage; adjuster hub assembly, part number 4616066, (3) Represent or imply energy savings with a new assembly having the same part FOR FURTHER INFORMATION CONTACT: resulting from a lamp’s life expectancy number, in accordance with McDonnell Terrence J. Boyle or Kent C. Howerton, Douglas DC–9 Alert Service Bulletin A27– or light output unless in computing Attorneys, Federal Trade Commission, such savings the following factors are 325, Revision 2, dated January 27, 1995. Washington, DC 20580, (202) 326–3016 Thereafter, conduct visual and eddy current taken into account and disclosed clearly inspections of the replacement rudder pedals or (202) 326–3013. and conspicuously for the lamp being adjuster hub assembly in accordance with SUPPLEMENTARY INFORMATION: The sold and also (unless the comparison is this paragraph. Commission has determined, as part of only of initial purchase price between (c) An alternative method of compliance or its oversight responsibilities, to review lamps of identical wattage, lumens and adjustment of the compliance time that periodically all its rules and guides. The laboratory life) the lamp with which the provides an acceptable level of safety may be information obtained in such reviews comparison is being made: lamp cost, used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), assists the Commission in identifying electrical power cost, labor cost for lamp FAA, Transport Airplane Directorate. rules and guides that warrant replacement (if any), actual light output Operators shall submit their requests through modification or rescission. The in average initial lumens, and average an appropriate FAA Principal Maintenance Commission decided to schedule its laboratory life in hours; Inspector, who may add comments and then regulatory review of the Light Bulb Rule (4) Represent or imply that a lamp send it to the Manager, Los Angeles ACO. for 1995 when, pursuant to a directive will give more light, maintain brightness Note 2: Information concerning the of the Energy Policy Act of 1992, the longer or furnish longer life without existence of approved alternative methods of Commission in April 1994 amended the clearly and conspicuously disclosing, compliance with this AD, if any, may be Appliance Labeling Rule, 16 CFR Part for both the lamp being sold and the obtained from the Los Angeles ACO. 305, to add incandescent and lamp with which the comparison is (d) Special flight permits may be issued in fluorescent lamps as covered products. being made the average initial wattage, accordance with §§ 21.197 and 21.199 of the Although there are no contradictions the laboratory life in hours, the average Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a between the two rules, the Commission initial light output in lumens, and (if location where the requirements of this AD scheduled review of the Light Bulb Rule there is a claim the lamp maintains can be accomplished. for this year so it could consider brightness longer) the light output in Issued in Renton, Washington, on March whether to retain, revise or delete any lumens at 70% of the lamp’s rated life. 31, 1995. of its provisions that might overlap the Four notes at the end of the Rule Darrell M. Pederson, amended Appliance Labeling Rule.1 define terms used in the Rule or require certain procedures or tests to be used in Acting Manager, Transport Airplane 1 Directorate, Aircraft Certification Service. The two Rules both cover A-type incandescent making disclosures required by the lamps and require on their labels disclosure of Rule. Specifically, these notes: (1) State [FR Doc. 95–8448 Filed 4–5–95; 8:45 am] certain performance ratings and other information. how manufacturers are to determine the BILLING CODE 4910±13±U Specifically, both rules require disclosures of light output, wattage and laboratory life ratings. The Appliance Labeling Rule specifies that these is at least two-fifths the height of the watts disclosures must appear together, in that order and disclosure on the same panel or three-sixteenths of FEDERAL TRADE COMMISSION worded in a certain way (i.e., as ‘‘Light Output: an inch, whichever is larger. llll Lumens; Energy Used: llll Watts; The Appliance Labeling Rule requires that energy 16 CFR Part 409 Life: llll Hours’’) on the label’s principal saving or operating cost claims take into display panel. The Light Bulb Rule, however, does consideration, and clearly and conspicuously Request for Comments Concerning not specify any order or wording for its required disclose in close proximity to the claims, all the rating disclosures, but simply specifies that the assumptions upon which the claims are based, Rule Concerning Incandescent Lamp three ratings be disclosed in terms of lumens, watts including, e.g., purchase price, unit cost of (Light Bulb) Industry and hours and appear together on at least two side electricity, hours of use, patterns of use. The Light panels of the label and, additionally, on any other Bulb Rule, because it covers not only energy saving AGENCY: Federal Trade Commission. panel on which a lumen, wattage or hours of life and operating cost claims, but also all comparative ACTION: Request for public comments. claim is made. lamp life, light output and lamp cost claims, The Appliance Labeling Rule requires the specifies additional factors (e.g., labor costs for SUMMARY: The Federal Trade lumens, watts and hours disclosures to appear with replacement, light output, life expectancy) that, equal conspicuousness, but does not specify any depending on the particular claim being made, Commission (the ‘‘Commission’’), as particular type style or size. The Light Bulb Rule must be taken into consideration and clearly and part of a systematic review of all its specifies that the lumens and hours disclosures conspicuously disclosed. current regulations and guides, is must both be in a medium- or bold-face type that 2 35 FR 11784 (July 23, 1970). 17492 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules wattage, lumen and life rating require all comparative energy By direction of the Commission. disclosures required by the Rule, (2) consumption or operating cost claims, Donald S. Clark, require for the year 1970–71 all lamp all comparative light output claims, and Secretary. labels to explain the meaning of the all comparative life expectancy claims [FR Doc. 95–8472 Filed 4–5–95; 8:45 am] word ‘‘lumen’’ whenever it is used, (3) to be accompanied by clear and BILLING CODE 6750±01±M define the term ‘‘general service conspicuous disclosures of particular incandescent lamp’’ to mean all A-type comparison data for both the lamps bulbs and all other incandescent bulbs being sold and the lamps with which 16 CFR Part 460 substantially the same as A-type bulbs, the comparison is being made? and (4) define the meaning of the Rule’s 9. Should the Commission retain, or Trade Regulation Rule; Labeling and term ‘‘clear and conspicuous’’ with modify in any way, those provisions of Advertising of Home Insulation respect to the minimum type sizes the existing Rule that duplicate or AGENCY: Federal Trade Commission. necessary for required disclosures and overlap provisions in the Appliance the minimum number of times the Labeling Rule pertaining to lamps? ACTION: Proposed rule and request for required disclosures must be made on 10. The Light Bulb Rule requires public comments. lamps and/or their labels. wattage, light output and life SUMMARY: The Federal Trade expectancy ratings to be disclosed at the B. Issues for Comment Commission (the ‘‘Commission’’) is bulbs’ design voltage whereas the requesting public comments about the At this time, the Commission solicits Appliance Labeling Rule requires the overall costs and benefits and the written public comments on the disclosures at 120 Volts regardless of the continuing need for its Trade Regulation following questions: bulbs’ design voltage. Rule Concerning the Labeling and 1. Is there a continuing need for the a. For general service incandescent Advertising of Home Insulation (the ‘‘R- Rule? bulbs with design voltage other than 120 value Rule’’ or ‘‘Rule’’), 16 CFR part a. What benefits has the Rule Volts, should the Commission continue provided to purchasers of the products 460, as well as whether the Rule, if to require ratings disclosures at both 120 retained, should be amended to include or services affected by the Rule? Volts and design voltage? b. Has the Rule imposed costs on new test procedures or specific b. What percentage of the total requirements for new products, as a part purchasers? quantity of general service incandescent c. Does the light Bulb Rule provide of its systematic review of all current lamps sold in this country is comprised Commission regulations and guides. In any benefits not provided by the of lamps with design voltages other than provisions of the Appliance Labeling addition, the Commission seeks 120 Volts? comments on whether to adopt a non- Rule relating to lamps? (1) Describe how, for such lamps, the 2. What changes, if any, should be substantive amendment to the Rule that light output, wattage and expected life would permit the use of an additional made to the Rule to increase the benefits ratings differ when the lamp is used at of the Rule to purchasers? test procedure to determine the R-values 120 Volts from when used at the design of home insulation products. All a. How would these changes affect the voltage. costs the Rule imposes on firms subject interested persons are hereby given (2) In what areas of the country are notice of the opportunity to submit to its requirements? lamps with design voltages other than 3. What significant burdens or costs, written data, views and arguments 120 Volts routinely sold and in what including costs of compliance, has the concerning the Commission’s review of proportions compared with lamps with Rule imposed on firms subject to its the R-value Rule and the proposed non- design voltages of 120 Volts? requirements? substantive amendment. (3) To whom are lamps with design a. Has the Rule provided benefits to DATES: Written comments will be voltages other than 120 Volts sold and such firms? accepted until June 6, 1995. 4. What changes, if any, should be for what uses? (4) Do purchasers of such lamps also ADDRESSES: Comments should be made to the Rule to reduce the burdens directed to: Secretary, Federal Trade or costs imposed on firms subject to its routinely purchase lamps with design voltages of 120 Volts and, if so, what are Commission, Room H–159, Sixth Street requirements? and Pennsylvania Avenue NW., a. How would these changes affect the the percentages of their lamp purchases for each category? Washington, DC 20580. Comments benefits provided by the Rule? about the R-value Rule should be 5. Does the Rule overlap or conflict (5) How might the market for lamps with design voltages other than 120 identified as ‘‘R-value Rule, 16 CFR part with other federal, state, or local laws or 460—Comment.’’ regulations? Volts be expected to change in the FOR FURTHER INFORMATION CONTACT: 6. Since the Rule was issued, what future? Kent C. Howerton, Attorney, Federal effects, if any, have changes in relevant c. At what line voltages is electricity Trade Commission, Room S–4631, Sixth technology or economic conditions had delivered in the United States? What Street and Pennsylvania Avenue NW., on the Rule? areas receive electricity at voltages other Washington, DC 20580, telephone (202) 7. Should the Commission retain, or than 120 Volts? Describe. Are there any 326–3013, FAX (202) 326–3259. modify in any way, the particular private electricity delivery systems (e.g., industrial plants), that provide provisions of the existing Rule that SUPPLEMENTARY INFORMATION: define the term ‘‘clear and conspicuous’’ electricity internally at voltages other to mean certain minimum sizes for than 120 volts? Describe. I. Introduction required disclosures and certain List of Subjects in 16 CFR Part 409 The Commission requests public minimum numbers of times that those comments about the overall costs and required disclosures must be made on Advertising, Consumer protection, benefits of the R-value Rule, and its lamps and/or their labels? Energy conservation, Household overall regulatory and economic impact, 8. Should the Commission retain, or appliances, Labeling, Lamp products, as well as whether the Rule should be modify in any way, the particular Trade practices. updated to included new test provisions of the existing Rule that Authority: 15 U.S.C. 41–58. procedures or specific requirements for Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17493 new products, as a part of it systematic Since the Rule was promulgated, the under the jurisdiction of ASTM review of all current Commission Commission has brought 12 actions to Committee C–16 on Thermal regulations and guides. In addition, the enforce its provisions.2 The Commission Measurements (which is the Committee Commission proposes adopting a non- also has granted three partial or responsible for the other R-value test substantive amendment to the Rule that conditional exemptions relating to procedures required by the R-value would allow use of an additional test specific provisions, issued one Advisory Rule), and is the direct responsibility of procedure to determine the R-value of Opinion allowing use of an alternative Subcommittee C16.30 on Thermal home insulation products. The testing procedure, and adopted three Measurements. Mr. Graves is the Commission also solicits comments non-substantive amendments (one that Chairman of the Thin Heater Task concerning the proposed non- allowed manufactures to add to their Group within C16.30 that meets substantive amendment. insulation fact sheets specific semiannually to maintain and keep C– information required by other 1114 current. II. Background government agencies; a second, in According to the Petition, tests The Commission promulgated the R- response to an industry request, that conducted in 1983 and 1990 on two value Rule under Section 18 of the FTC adopted a revised settled density test standard reference materials (‘‘SRMs’’) Act in 1979. The Rule became effective procedure for loose-fill cellulose obtained from the National Institute of on September 30, 1980. Among other insulation; and a third that adopted Standards and Technology show things, the Rule requires that revised versions of the ASTM R-value apparent thermal conductivity values manufacturers disclosed the R-value test procedures). for the SRMs to be within the most (‘‘thermal performance’’) of each one probable uncertainty of ±1.2 percent insulation product, based on tests III. Regulatory Review Program between 25 °C (77 °F) and 50 °C (132 conducted according to one of four The Commission has determined, as °F). The Petition states that results with specified American Society of Testing part of its oversight responsibilities, to single-sided heat flow up or down and and Materials (‘‘ASTM’’) test review all current Commission rules double-sided heat flow agreed to ±0.2 procedures.1 When the Commission and guides periodically. These reviews percent. It asserts that these test results promulgated the Rule, it determined seek information about the costs and at ORNL5 demonstrate that ASTM C– that ASTM R-value test procedures C– benefits of the Commission’s rules and 1114–92 is an appropriate test 177, C–236, and C–518 were highly guides and their regulatory and procedure for obtaining accurate accurate and reproducible steady-state economic impact. The information apparent thermal conductivity values on methods for determining the R-values of obtained will assist the Commission in insulation products. home insulation products. 44 FR 50218, identifying rules and guides that The accuracy of the ASTM C–1114–92 at 50226 note 189. In the original Rule, warrant modification or recision. test procedure, therefore, appears to rate the Commission stated that it also At this time, therefore, the favorably compared to the accuracy of would accept the use of C–976 once it Commission solicits comments on, the other ASTM R-value test procedures was adopted as an ASTM test among other things, the economic the Commission has adopted under the procedure. ASTM adopted C–976 in impact of and the continuing need for R-value Rule. Evidence in the original 1982. The Rule, therefore, now officially the R-value Rule, possible conflict rulemaking proceeding demonstrated recognizes tests using any of these four between the Rule and state, local or that, if properly performed: (1) test procedures. other federal laws, and the effect on the Measurements under C–177 could The Commission conducted a review Rule of any technological, economic, or achieve results within ±2 percent of the of the rule under the Regulatory other industry changes. No Commission specimen’s actual thermal value, and a Flexibility Act, 5 U.S.C. 601 et seq., in determination on the need for or the precision of one percent or better is 1984. During the review, the substance of the Rule should be inferred normally attained; (2) measurements Commission solicited comments on from this request for comments. under C–518 should come within at ± whether the Rule had had a significant least 5 percent of absolute accuracy, IV. Non-Substantive Amendment ± economic impact (costs and benefits) on with a reproducibility rate of 2 percent; The Commission has received a a substantial number of small and (3) measurements under C–236 can petition from Mr. Ronald S. Graves, businesses, whether there was a measure thermal resistance values Research Staff Member, Materials ± continuing need for the Rule, and what within 2 percent of absolute accuracy. Analysis Group, at Martin Marietta changes, if any, should be made to the See 44 FR 50218, at 50226 note 189. Energy Systems, Inc. (‘‘Petition’’).3 The Thus, the Commission is considering Rule to minimize the economic effect on petition requests that the Commission small entities. 49 FR 22104 (1984). adopting a non-substantive amendment include an additional (fifth) ASTM R- to § 460.5 of the Rule, 16 CFR 460.5(a), Based upon the comments submitted, value test procedure (‘‘ ASTM Standard the Commission determined that it had to include ASTM C–1114–92 as an Test Method for Steady-State Thermal optional, but not required, test no basis to conclude that the R-value Transmission Properties by Means of Rule had a significant economic impact procedure for determining the R-values the Thin-Heater Apparatus,’’ ASTM C– of home insulation products. Because upon a substantial number of small 1114–92), as an approved test method entities. The Commission determined the amendment would not impose any for compliance with Section 460.5(a) of new obligations upon parties covered by not to amend the Rule following the the R-value Rule.4 The test method is Regulatory Flexibility Act review. 50 FR the Rule (but merely would recognize the use of an additional, optional, R- 13246, at 13247 (1985). 2 The Commission has brought seven civil penalty value test procedure), and because the actions against manufacturers, one against a testing apparent accuracy of the test procedure 1 The test procedures are ASTM C–177 and laboratory, and three against retailers. It also has ASTM C–518 (which use hot and cold ‘‘plates’’ to brought one consumer redress action against a determine R-values for homogeneous ‘‘mass’’ professional installer. can be inspected at the Commission’s Public insulation products, like fiberglass batts and loose- 3 Martin Marietta Energy Systems, Inc., operates Reference Room, room 130, Sixth and Pennsylvania fill cellulose), and ASTM C–236 and ASTM C–976 Oak Ridge National Laboratory (‘‘ORNL’’) as a Ave., NW, Washington, DC. (which use ‘‘hot boxes’’ to determine R-values for contractor for the U.S. Department of Energy. 5 The testing apparatus used at ORNL is referred heterogeneous insulation systems, like multi-panel 4 The Petition, plus attachments, have been to as the Unguarded Thin Heater Apparatus aluminum foil products and insulation systems). placed on the public record of the R-value Rule and (‘‘UTHA’’). 17494 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules compares favorably to the test should the Rule be revised to require the products did not exist when the Rule procedures already required by the Rule use of different test procedures or was issued, the Rule currently contains (so the amendment likely would not specifications than those currently no specific test specimen preparation lessen consumer protection),6 the specified for certain types of products? provisions for these new products. The proposed amendment appears to be In addition to specifying R-value test Commission, therefore, solicits non-substantive under Section procedures, the Rule currently specifies comments on whether the Rule should 18(d)(2)(B) of the FTC Act, 15 U.S.C. procedures that must be followed in be revised to specify the manner in 57a(d)(2)(B). Because the amendment preparing specimens of certain types which specimens of new products appears to be non-substantive, the and forms of home insulation for testing should be prepared for R-value testing Commission believes that it does not under the R-value test procedures.7 The to ensure that R-values and related need to solicit public comment or Rule also contains specific requirements information are accurate and based on follow the lengthy rulemaking for determining the R-values of uniform standards. proceedings that would be required for reflective home insulation products B. Non-Substantive Amendment a substantive amendment to the rule. On (which perform as thermal insulation the other hand, because the Commission only when installed as a system with The Commission solicits comments is soliciting comments as part of its one or more air spaces).8 The concerning the Petition and the regulatory review of the Rule, the Commission thus solicits comments Commission’s proposal to adopt a non- Commission has determined in its concerning whether the Rule should be substantive amendment to the Rule that discretion to solicit comments on the amended to specify different or would recognize ASTM C–1114–92 as proposed amendment. additional test procedures or an acceptable test method for specifications for insulation products determining the R-value of home IV. Solicitation of Comments specifically addressed in the Rule. insulation products under Section 460.5 A. Regulatory Review Second, are the insulation products of the R-value Rule, 16 CFR 460.5. for which the Rule does not sufficiently Interested parties are invited to submit As part of its on-going regulatory address product-specific issues relating any data or other information relevant to review program for all its rules and to testing or preparation of test whether the Commission should adopt guides, the Commission solicits public specimens? As noted, in some instances the proposed amendment. comments on the following questions: the Rule provides particular procedures (1) Is there a continuing need for the R- to be followed in preparing specimens List of Subjects in 16 CFR Part 460 value Rule? for R-value testing where the Advertising, Incorporation by (a) What benefits has the Rule Commission found there was post- reference, Insulation, Labeling, Trade provided to purchasers of the installation effects (e.g., settling of practices. products or services affected by the loose-fill insulation products, aging of Authority: 15 U.S.C. 41 et seq. Rule? certain cellular plastics insulation By the direction of the Commission. (b) Has the Rule imposed costs on products) that need to be considered. Donald S. Clark, purchasers? During the period since the Commission (2) What changes, if any, should be promulgated the Rule, additional home Secretary. made to the Rule to increase the insulation products designed to slow [FR Doc. 95–8471 Filed 4–5–95; 8:45 am] benefits of the Rule to purchasers? down heat flow have been developed BILLING CODE 6750±01±M (a) How would these changes affect and automatically have been covered by the costs the Rule imposes on firms the Rule. However, because these subject to its requirements? DEPARTMENT OF THE TREASURY (3) What significant burdens or costs, 7 For loose-fill cellulose insulation, the R-value including costs of compliance, has tests must be conducted on test specimens prepared 27 CFR Parts 55, 72, 178, and 179 the Rule imposed on firms subject at the product’s long-term, or settled, density, [Notice No. 807] to its requirements? determined according to paragraph 8 of ASTM C– 739–88 (‘‘Standard Specification for Cellulosic RIN 1512±AB35 (a) Has the Rule provided benefits to Fiber (Wood-Base) Loose-Fill Thermal Insulation,’’ such firms? approved Oct. 25, 1988, published April 1989). For (4) What changes, if any, should be loose-fill mineral wool insulation, the R-value tests Implementation of Public Law 103±322, made to the Rule to reduce the must be conducted on test specimens that fully the Violent Crime Control and Law burdens or costs imposed on firms reflect the effect of settling on the product’s R- Enforcement Act of 1994 (94F±022P) value. For polyurethane, polyisocyanurate, and subject to its requirements? extruded polystyrene insulation, the R-value tests AGENCY: Bureau of Alcohol, Tobacco (a) How would these changes affect must be conducted on test specimens that fully and Firearms (ATF), Department of the reflect the effect of aging on the product’s R-value, the benefits provided by the Rule? Treasury. (5) Does the Rule overlap or conflict for example, specimens aged according to the with other federal, state, or local procedure in paragraph 4.6.4 of General Services ACTION: Proposed rulemaking cross Administration (GSA) Specification HH–I–530A, or referenced to temporary regulations. laws or regulations? another reliable procedure. (6) Since the Rule was issued, what 8 For single sheet reflective foil home insulations, SUMMARY: In the Rules and Regulations effects, if any, have changes in the Rule allows manufacturers to determine R-value portion of this Federal Register, the relevant technology or economic according to two options: By conducting R-value tests according to ASTM C–236–87 or ASTM C– Bureau of Alcohol, Tobacco and conditions had on the Rule? 976–82; or by measuring the emissivity (reflectivity) Firearms (ATF) is issuing temporary In addition to the questions raised of the product according to ASTM E–408 (or regulations regarding the above, the Commission solicits another test method that provides comparable results), and then determining the R-value for the implementation of Public Law 103–322, comments on the following issues. First, measured emissivity level, and the air space and the Violent Crime Control and Law direction of heat flow for the intended application, Enforcement Act of 1994. These 6 The test procedure already is recognized by the using the tables in the most recent edition of the regulations implement the law by industry as an accurate and appropriate test American Society of Heating, Refrigerating, and Air- procedure, having been adopted as an official Conditioning Engineers’ (ASHRAE) handbook restricting the manufacture, transfer, ASTM procedure after going through ASTM’s (using the R-value shown for 50 °F, with a and possession of certain semiautomatic consensus approval process. temperature differential of 30 °F). assault weapons and large capacity Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17495 ammunition feeding devices. copies to the Chief, Information Drafting Information Regulations are also prescribed with Programs Branch, Room 3450, Bureau of The author of this document is James regard to reports of theft or loss of Alcohol, Tobacco, and Firearms, 650 P. Ficaretta, Regulations Branch, Bureau firearms from a licensee’s inventory or Massachusetts Avenue, NW., of Alcohol, Tobacco and Firearms. collection, new requirements for Federal Washington, DC 20226. Signed: February 10,1995. firearms licensing, responses by The collections of information in this firearms licensees to requests for gun Daniel R. Black, proposed regulation are in 27 CFR trace information, and possession of Acting Director. 178.40(c), 178.40a(c), 178.129(e), firearms by persons subject to Approved: February 27, 1995. 178.132, and 178.133. This information restraining orders. The temporary John P. Simpson, regulations also serve as the text of this is required by ATF to ensure compliance with the provisions of Pub. Deputy Assistant Secretary (Regulatory, Tariff notice of proposed rulemaking for final and Trade Enforcement). L. 103–322 (108 Stat. 1796). The likely regulations. [FR Doc. 95–8234 Filed 4–3–95; 4:18 pm] respondents and recordkeepers are DATES: Written comments must be BILLING CODE 4810±31±U received on or before July 5, 1995. individuals and businesses. Estimated total annual reporting and ADDRESSES: Send written comments to: recordkeeping burden: 2.52 hours. Chief, Regulations Branch; Bureau of Estimated number of respondents and DEPARTMENT OF THE INTERIOR Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091– recordkeepers: 2,206,555. Total annual Office of Surface Mining Reclamation 0221; Attn.: Notice No. 807. hours requested: 699,863. Additional and Enforcement collections of information contained in FOR FURTHER INFORMATION CONTACT: this proposed regulation which have James P. Ficaretta, Regulations Branch, 30 CFR Parts 902, 926, 934, and 950 Bureau of Alcohol, Tobacco and approved control numbers are in §§ 178.39a (OMB No. 1512–0524), Alaska, Montana, North Dakota, and Firearms, 650 Massachusetts Avenue, Wyoming Regulatory Programs NW., Washington, DC 20226 (202–927– 178.47 (OMB Nos. 1512–0522 and 8230). 1512–0523), 178.52 (OMB No. 1512– AGENCY: Office of Surface Mining 0525), and 178.119 (OMB Nos. 1512– Reclamation and Enforcement (OSM), SUPPLEMENTARY INFORMATION: 0017, 1512–0018, and 1512–0019). Interior. Executive Order 12866 Public Participation ACTION: Announcement of public It has been determined that this comment period and opportunity for proposed rule is not a significant ATF requests comments on the public hearing. regulatory action as defined in E.O. temporary regulations from all 12866, because the economic effects interested persons. Comments received SUMMARY: OSM is requesting public flow directly from the underlying on or before the closing date will be comment that would be considered in statute and not from this temporary rule. carefully considered. Comments deciding how to implement in Alaska, Therefore, a regulatory assessment is not received after that date will be given the Montana, North Dakota, and Wyoming required. same consideration if it is practical to underground coal mine subsidence do so, but assurance of consideration control and water replacement Regulatory Flexibility Act cannot be given except as to comments provisions of the Surface Mining It is hereby certified that these received on or before the closing date. Control and Reclamation Act of 1977 proposed regulations will not have a (SMCRA), the implementing Federal significant economic impact on a ATF will not recognize any material regulations, and/or the counterpart State substantial number of small entities. in comments as confidential. Comments provisions. Recent amendments to Accordingly, a regulatory flexibility may be disclosed to the public. Any SMCRA and the implementing Federal analysis is not required. The revenue material which the commenter regulations require that underground effects of this rulemaking on small considers to be confidential or coal mining operations conducted after businesses flow directly from the inappropriate for disclosure to the October 24, 1992, promptly repair or underlying statute. Likewise, any public should not be included in the compensate for subsidence-caused secondary or incidental effects, and any comment. The name of the person material damage to noncommercial reporting, recordkeeping, or other submitting a comment is not exempt buildings and to occupied dwellings compliance burdens flow directly from from disclosure. and related structures. These provisions the statute. Any interested person who desires an also require such operations to promptly replace drinking, domestic, and Paperwork Reduction Act opportunity to comment orally at a public hearing should submit his or her residential water supplies that have The collections of information request, in writing, to the Director been adversely affected by underground contained in this notice have been within the 90-day comment period. The coal mining. submitted to the Office of Management OSM must decide if the Alaska, Director, however, reserves the right to and Budget for review in accordance Montana, North Dakota, and Wyoming determine, in light of all circumstances, with the Paperwork Reduction Act of regulatory programs (hereinafter whether a public hearing is necessary. 1980 (44 U.S.C. 3504(h)). Comments on referred to as the ‘‘Alaska, Montana, the collections of information should be The temporary regulations in this North Dakota, and Wyoming programs’’) sent to the Office of Management and issue of the Federal Register amend the currently have adequate counterpart Budget, Paperwork Reduction Project regulations in 27 CFR Parts 55, 72, 178, provisions in place to promptly 1512–0526, Attention: Desk officer for and 179. For the text of the temporary implement the recent amendments to the Department of the Treasury, Bureau regulations, see T.D. ATF–363 SMCRA and the Federal regulations. of Alcohol, Tobacco and Firearms, published in the Rules and Regulations After consultation with Alaska, Office of Information and Regulatory section of this issue of the Federal Montana, North Dakota, and Wyoming Affairs, Washington, DC 20503, with Register. and consideration of public comments, 17496 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules OSM will decide whether initial replacement of the structures identified 817.121(c)(2) is imminent, the number enforcement in Alaska, Montana, North in section 720(a)(1), and compensation and extent of underground mines that Dakota, and Wyoming will be must be provided to the owner in the have operated in the State since October accomplished through the State program full amount of the reduction in value of 24, 1992, is low, the number of amendment process or by State the damaged structures as a result of complaints in the State concerning enforcement, by interim direct OSM subsidence. Section 720(a)(2) requires section 720 of SMCRA is low, or the enforcement, or by joint State and OSM prompt replacement of certain State’s investigation of subsidence- enforcement. identified water supplies if those related complaints has been thorough DATES: Written comments must be supplies have been adversely affected and complete so as to assure prompt received by 4:00 p.m., m.d.t. on May 8, by underground coal mining operations. remedial action, then OSM could decide 1995. If requested, OSM will hold a These provisions requiring prompt not to directly enforce the Federal public hearing on May 1, 1995, repair or compensation for damage to provisions in the State. In this situation, concerning how the underground coal structures, and prompt replacement of the State would enforce its State mine subsistence control and water water supplies, went into effect upon statutory and regulatory provisions once replacement provisions of SMCRA and passage of the Energy Policy Act on it has amended its program to be in the implementing Federal regulations, October 24, 1992. As a result, accordance with the revised SMCRA or the counterpart State provisions, underground coal mine permittees in and to be consistent with the revised should be implemented in Alaska, States with OSM-approved regulatory Federal regulations. This program Montana, North Dakota, and Wyoming. programs are required to comply with revision process, which is addressed in Requests to speak at the hearing must be these provisions for operations the Federal regulations at 30 CFR part received by 4:00 p.m., m.d.t. on April conducted after October 24, 1992. 732, is commonly referred to as the 21, 1995. State program amendment process. B. The Federal Regulations (2) State enforcement. If the State has ADDRESSES: Written comments and Implementing the Energy Policy Act statutory or regulatory provisions in requests to speak at the hearing should On March 31, 1995, OSM place that correspond to all of the be mailed or hand-delivered to Guy promulgated regulations at 30 CFR Part requirements of the above-described Padgett, Director, Casper Field Office at 817 to implement the performance Federal regulations at 30 CFR 817.41(j) the address listed below. standards of sections 720(a) (1) and (2) and 817.121(c)(2) and the State has Copies of the applicable parts of the of SMCRA (60 FR 16722–16751). authority to implement its statutory and Alaska, Montana, North Dakota, and 30 CFR 817.121(c)(2) requires in part regulatory provisions for all Wyoming programs, SMCRA, the that: underground mining activities implementing Federal regulations, conducted after October 24, 1992, then information provided by Alaska, The permittee must promptly repair, or compensate the owner for, material damage the State would enforce its provisions Montana, North Dakota, and Wyoming for these operations. concerning their authority to implement resulting from subsidence caused to any non- commercial building or occupied residential (3) Interim direct OSM enforcement. If State counterparts to SMCRA and the dwelling or structure related thereto that the State does not have any statutory or implementing Federal regulations, a existed at the time of mining. * * * The regulatory provisions in place that listing of any scheduled public hearings, requirements of this paragraph apply only to correspond to the requirements of the and all written comments received in subsidence-related damage caused by Federal regulations at 30 CFR 817.41(j) response to this document will be underground mining activities conducted and 817.121(c)(2), then OSM would available for public review at the after October 24, 1992. enforce in their entirety 30 CFR address listed below during normal 30 CFR 817.41(j) requires in part that: 817.41(j) and 817.121(c)(2) for all business hours, Monday through Friday, The permittee must promptly replace any underground mining activities excluding holidays. drinking, domestic or residential water conducted in the State after October 24, Guy Padgett, Director, Office of supply that is contaminated, diminished or 1992. Surface Mining Reclamation and interrupted by underground mining activities (4) State and OSM enforcement. If the Enforcement, Casper Field Office, 100 E conducted after October 24, 1992, if the State has statutory or regulatory ‘‘B’’ Street, Room 2128, Casper, affected well or spring was in existence provisions in place that correspond to Wyoming 82601, Telephone: (307) 261– before the date the regulatory authority some but not all of the requirements of 5776. received the permit application for the the Federal regulations at 30 CFR activities causing the loss, contamination or FOR FURTHER INFORMATION CONTACT: 817.41(j) and 817.121(c)(2) and the State interruption. Guy Padgett, Director, Casper Field has authority to implement its Office, Telephone: (307) 261–5776. 30 CFR 843.25 provides that by July provisions for all underground mining 31, 1995, OSM will decide, in activities conducted after October 24, SUPPLEMENTARY INFORMATION: consultation with each State regulatory 1992, then the State would enforce its I. Background authority with an approved program, provisions for these operations. OSM how enforcement of the new would then enforce those provisions of A. The Energy Policy Act requirements will be accomplished. As 30 CFR 817.41(j) and 817.121(c)(2) that Section 2504 of the Energy Policy Act discussed below, enforcement may be are not covered by the State provisions of 1992, Public Law 102–486, 106 Stat. accomplished through the 30 CFR Part for these operations. 2776 (1992) added new section 720 to 732 State program amendment process, If the State has statutory or regulatory SMCRA. Section 720(a)(1) requires that or by State, OSM, or joint State and provisions in place that correspond to all underground coal mining operations OSM enforcement of the requirements. some but not all of the requirements of promptly repair or compensate for OSM will decide which of the following the Federal regulations at 30 CFR subsidence-caused material damage to enforcement approaches to pursue. 817.41(j) and 817.121(c)(2) and if the noncommercial buildings and to (1) State program amendment State’s authority to enforce its occupied residential dwellings and process. If the State’s promulgation of provisions applies to operations related structures. Repair of damage regulatory provisions that are conducted on or after some date later includes rehabilitation, restoration, or counterpart to 30 CFR 817.41(j) and than October 24, 1992, the State would Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17497 enforce its provisions for these C. Enforcement in Alaska resulting from subsidence, are not operations on and after the provisions’ By letter to Alaska dated December clearly authorized by the subsidence effective date. OSM would then enforce 15, 1994, OSM requested information prevention provisions of section 82–4– 30 CFR 817.41(j) and 817.121(c)(2) to from Alaska that would help OSM 231(10)(f) of the Montana Strip and the extent the State statutory and decide which approach to take in Underground Mine Reclamation Act regulatory provisions do not include Alaska to implement the requirements (MSUMRA); (2) section 82–4–253(2) of corresponding provisions applicable to of section 720(a) of SMCRA, the MSUMRA excepts water derived from ‘‘a subterranean stream having a all underground mining activities implementing Federal regulations, and/ conducted after October 24, 1992; and permanent, distinct, and known or the counterpart Alaska program OSM would enforce those provisions of channel’’ from the requirement for provisions (Administrative Record No. 30 CFR 817.41(j) and 817.121(c)(2) that underground coal miners to promptly AK–F–01). By letter dated January 27, are included in the State program but replace drinking, domestic, or 1995, Alaska responded to OSM’s are not enforceable back to October 24, residential water supplies affected request (Administrative Record No. AK– 1992, for the time period from October underground coal mining, and (3) the F–02). 24, 1992, until the effective date of the procedural requirements of section 82– Alaska stated that no underground State’s rules. 4–253(2) of MSUMRA would not, in coal mines were operating in Alaska As described in item numbers (3) and Montana’s opinion, result in ‘‘prompt’’ after October 24, 1992. (4) above, OSM would directly enforce replacement of water supplies adversely Alaska stated that its program does in total or in part its Federal statutory affected by underground coal mining. or regulatory provisions until the State not contain or authorize enforcement of Montana has stated that statutory adopts and OSM approves, under 30 the structural damage repair and water changes to address these issues will CFR Part 732, the State’s counterparts to supply replacement requirements of need to be sought in the next legislative the required provisions. However, as section 720(a) of SMCRA. To be no less session in January 1997, and subsequent discussed in item number (1) above, stringent than SMCRA, Alaska indicated rule changes would follow adoption of OSM could decide not to initiate direct that it would have to amend section statute changes. OSM has determined Federal enforcement and rely instead on 27.21.220 of the Alaska Surface Coal that Montana has not received or the 30 CFR Part 732 State program Mining Control and Reclamation Act to investigated any citizen complaints amendment process. add subsection (c) to require prompt alleging subsidence-related structural In those situations where OSM repair or compensation for material damage or water supply loss or determined that direct Federal damage resulting subsidence, and contamination as a result of enforcement was necessary, the ten-day prompt replacement of water supplies underground mining operations notice provisions of 30 CFR 843.12(a)(2) affected by underground coal mining conducted after October 24, 1992. would not apply. That is, when on the operations. It indicated that it basis of a Federal inspection OSM realistically believed that this statutory E. Enforcement in North Dakota determined that a violation of 30 CFR change could be made in the spring of By letter to North Dakota dated 817.41(j) or 817.121(c)(2) existed, OSM 1996. December 15, 1994, OSM requested would issue a notice of violation or Alaska concluded that it did not information from North Dakota that cessation order without first sending a believe that it has the statutory authority would help OSM decide which ten-day notice to the State. to investigate complaints of structural approach to take in North Dakota to Also under direct Federal damage or water loss caused by under implement the requirements of section enforcement, the provisions of 30 CFR coal mining operations after October 24, 720(a) of SMCRA, the implementing 817.121(c)(4) would apply. This 1992. Federal regulations, and/or the regulation states that if damage to any D. Enforcement in Montana counterpart North Dakota program noncommercial building or occupied provisions (Administrative Record No. residential dwelling or structure related By letter to Montana dated December ND–W–01). By letter dated December thereto occurs as a result of earth 15, 1994, OSM requested information 21, 1994, North Dakota responded to movement within an area determined by from Montana that would help OSM OSM’s request (Administrative Record projecting a specified angle of draw decide which approach to take in No. ND–W–02). from the outermost boundary of any Montana to implement the requirements North Dakota stated that no underground mine workings to the of section 720(a) of SMCRA, the underground coal mines were operating surface of the land (normally a 30 implementing Federal regulations, and/ in North Dakota after October 24, 1992. degree angle of draw), a rebuttable or the counterpart Montana program North Dakota’s regulatory program does presumption exists that the permittee provisions (Administrative Record No. not allow underground mining at the caused the damage. MT–13–01). By letter dated March 6, present time. In the event that North Lastly, under direct Federal 1995, Montana responded to OSM’s Dakota received an application for enforcement, OSM would also enforce request (Administrative Record No. underground mining, North Dakota the new definitions at 30 CFR 701.5 of MT–13–02). would have to revise its program to ‘‘drinking, domestic or residential water Montana stated that one underground incorporate counterpart provisions to supply,’’ ‘‘material damage,’’ ‘‘non- coal mines was active in Montana after section 720(a) of SMCRA and the commercial building,’’ ‘‘occupied October 24, 1992. Montana stated that implementing Federal regulations. dwelling and structures related thereto,’’ its program does not fully authorize and ‘‘replacement of water supply’’ that enforcement of the structural repair and F. Enforcement in Wyoming were adopted with the new water replacement requirements of By letter to Wyoming dated December underground mining performance section 720(a) of SMCRA and the 15, 1994, OSM requested information standards. implementing Federal regulations. from Wyoming that would help OSM OSM would enforce 30 CFR 817.41(j), Specifically, Montana indicated that decide which approach to take in 817.121(c) (2) and (4), and 30 CFR 701.5 (1) Administrative Rules of Montana Wyoming to implement the for operations conducted after October 26.4.911(5), which address requirements of section 720(a) of 24, 1992. compensation for structural damage SMCRA, the implementing Federal 17498 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules regulations, and/or the counterpart considered in OSM’s final decision or 30 CFR Parts 904, 918, 936, and 943 Wyoming program provisions included in the Administrative Record. (Administrative Record No. WY–29–01). Arkansas, Louisiana, Oklahoma, and By letter dated January 19, 1995, B. Public Hearing Texas Regulatory Programs Wyoming responded to OSM’s request Persons wishing to speak at the public (Administrative Record No. WY–29–02). AGENCY: Office of Surface Mining hearing should contact the person listed Reclamation and Enforcement (OSM), Wyoming stated that three under FOR FURTHER INFORMATION Interior. underground coal mines were active in CONTACT by 4:00 p.m., m.d.t. on April ACTION: Announcement of public Wyoming after October 24, 1992. 21, 1995. The location and time of the comment period and opportunity for Wyoming indicated that existing State hearing will be arranged with those public hearing. program provision at Wyoming Statutes persons requesting the hearing. If no one 35–11–102 (policy and purpose); 35– requests an opportunity to testify at the 11–406 (permit applications); 35–11– SUMMARY: OSM is requesting public public hearing, the hearing will not be comment that would be considered in 416 (surface owner protection); and 35– held. 11–428 (in situ mining permit deciding how to implement in applications); and Wyoming Coal Rules Filing of a written statement at the Arkansas, Louisiana, Oklahoma, and and Regulations at chapter VI, section 2 time of the hearing is requested as it Texas underground coal mine (general environmental performance will greatly assist the transcriber. subsidence control and water standards); chapter VII, sections 1 Submission of written statements in replacement provisions of the Surface through 4 (underground mining permit advance of the hearing will allow OSM Mining Control and Reclamation Act of applications, environmental protection officials to prepare adequate responses 1977 (SMCRA), the implementing performance standards, public notice, and appropriate questions. Federal regulations, and/or the counterpart State provisions. Recent and surface owner protection); and The public hearing will continue on amendments to SMCRA and the chapter XVIII, section 3 (in situ mining the specified date until all persons implementing Federal regulations, permit applications) are adequate State scheduled to speak have been heard. require that underground coal mining counterparts to section 720(a) of Persons in the audience who have not operations conducted after October 24, SMCRA and the implementing Federal been scheduled to speak, and who wish regulations. 1992, promptly repair or compensate for to do so, will be heard following those subsidence-caused material damage to Wyoming explained that it will who have been scheduled. The hearing enforce these State program provisions noncommercial buildings and to will end after all persons scheduled to occupied dwellings and related in accordance with the enforcement speak and persons present in the provisions that were in effect October structures. These provisions also require audience who wish to speak have been such operations to promptly replace 24, 1992. Wyoming has investigated one heard. citizen complaint alleging subsidence- drinking, domestic, and residential Any disabled individual who has caused structural damage or water water supplies that have been adversely need for a special accommodation to supply loss or contamination as a result affected by underground coal mining. of underground mining operations attend a public hearing should contact OSM must decide if the Arkansas, conducted after October 24, 1992. This the individual listed under FOR FURTHER Louisiana, Oklahoma, and Texas INFORMATION CONTACT. complaint concerned subsidence regulatory programs (hereinafter referred to as the ‘‘States programs’’) damage to a reclaimed reservoir. This is C. Public Meeting a unique situation in that the alleged currently have adequate counterpart damage occurred within the permit area If only a few persons request an provisions in place to promptly of an adjacent surface coal mine. The opportunity to speak at a hearing, a implement the recent amendments to two mine operators have mutually public meeting, rather than a public SMCRA and the Federal regulations. agreed upon corrective measures and hearing, may be held. Persons wishing After consultation with Arkansas, have not requested the State of to meet with OSM representatives to Louisiana, Oklahoma, and Texas and Wyoming to intervene. discuss recommendations on how OSM consideration of public comments, OSM and Alaska, Montana, North Dakota, and will decide whether initial enforcement II. Public Comment Procedures Wyoming should implement the in Arkansas, Louisiana, Oklahoma, and OSM is requesting public comment to provisions of section 720(a) of SMCRA, Texas will be accomplished through the assist OSM in making its decision on the implementing Federal regulations, State program amendment process or by which approach to use in Alaska, and/or the counterpart State provisions, State enforcement, by interim direct Montana, North Dakota, and Wyoming may request a meeting by contacting the OSM enforcement, or by joint State and to implement the underground coal person listed under FOR FURTHER OSM enforcement. mine performance standards of section INFORMATION CONTACT. All such meetings DATES: Written comments must be 720(a) of SMCRA, the implementing will be open to the public and, if received by 4 p.m., c.d.t. on May 8, Federal regulations, and any counterpart possible, notices of meetings will be 1995. If requested, OSM will hold a State provisions. posted at the locations listed under public hearing on May 1, 1995, ADDRESSES. concerning how the underground coal A. Written Comments A written summary of each meeting will be made a part of the mine subsidence control and water Written comments should be specific, Administrative Record. replacement provisions of SMCRA and pertain only to the issues addressed in the implementing Federal regulations, Dated: March 31, 1995. this notice, and include explanations in or the counterpart State provisions, support of the commenter’s Russell F. Price, should be implemented in Arkansas, recommendations. Comments received Acting Assistant Director, Western Support Louisiana, Oklahoma, and Texas. after the time indicated under DATES or Center. Requests to speak at the hearing must be at locations other than the Casper Field [FR Doc. 95–8467 Filed 4–5–95; 8:45 am] received by 4 p.m., c.d.t. on April 21, Office will not necessarily be BILLING CODE 4310±05±M 1995. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17499 ADDRESSES: Written comments and B. The Federal Regulations (2) State enforcement. If the State has requests to speak at the hearing should Implementing the Energy Policy Act statutory or regulatory provisions in be mailed or hand-delivered to James H. On March 31, 1995, OSM place that correspond to all of the Moncrief, Director, Tulsa Field Office at promulgated regulations at 30 CFR part requirements of the above-described the address listed below. 817 to implement the performance Federal regulations at 30 CFR 817.41(j) Copies of the applicable parts of the standards of sections 720(a) (1) and (2) and 817.121(c)(2) and the State has State programs, SMCRA, the of SMCRA (60 FR 16722–16751). authority to implement its statutory and regulatory provisions for all implementing Federal regulations, 30 CFR 817.121(c)(2) requires in part underground mining activities information provided by Arkansas, that: conducted after October 24, 1992, then Louisiana, Oklahoma, and Texas The permittee must promptly repair, or the State would enforce its provisions concerning their authority to implement compensate the owner for, material damage for these operations. State counterparts to SMCRA and the resulting from subsidence caused to any non- commercial building or occupied residential (3) Interim direct OSM enforcement. If implementing Federal regulations, a the State does not have any statutory or listing of any scheduled public hearings, dwelling or structure related thereto that existed at the time of mining. * * * The regulatory provisions in place that and all written comments received in requirements of this paragraph apply only to correspond to the requirements of the response to this document will be subsidence-related damage caused by Federal regulations at 30 CFR 817.41(j) available for public review at the underground mining activities conducted and 817.121(c)(2), then OSM would address listed below during normal after October 24, 1992. enforce in their entirety 30 CFR business hours, Monday through Friday, 30 CFR 817.41(j) requires in part that: 817.41(j) and 817.121(c)(2) for all excluding holidays. The permittee must promptly replace any underground mining activities James H. Moncrief, Director, Tulsa drinking, domestic or residential water conducted in the State after October 24, Field Office, Office of Surface Mining supply that is contaminated, diminished or 1992. Reclamation and Enforcement, 5100 interrupted by underground mining activities (4) State and OSM enforcement. If the East Skelly Drive, Suite 470, Tulsa, OK conducted after October 24, 1992, if the State has statutory or regulatory 74135–6547, Telephone: (918) 581– affected well or spring was in existence provisions in place that correspond to before the date the regulatory authority 5430. some but not all of the requirements of received the permit application for the the Federal regulations at 30 CFR FOR FURTHER INFORMATION CONTACT: activities causing the loss, contamination or interruption. 817.41(j) and 817.121(c)(2) and the State James H. Moncrief, Director, Tulsa Field has authority to implement its Office, Telephone: (918) 581–6430. 30 CFR 843.25 provides that by July provisions for all underground mining 31, 1995, OSM will decide, in activities conducted after October 24, SUPPLEMENTARY INFORMATION: consultation with each State regulatory 1992, then the State would enforce its I. Background authority with an approved program, provisions for these operations. OSM how enforcement of the new would then enforce those provisions of A. The Energy Policy Act requirements will be accomplished. As 30 CFR 817.41(j) and 817.121(c)(2) that discussed below, enforcement may be Section 2504 of the Energy Policy Act are not covered by the State provisions accomplished through the 30 CFR part of 1992, Pub. L. 102–486, 106 Stat. 2776 for these operations. 732 State program amendment process, (1992) added new section 720 to If the State has statutory or regulatory or by State, OSM, or joint State and SMCRA. Section 720(a)(1) requires that provisions in place that correspond to OSM enforcement of the requirements. all underground coal mining operations some but not all of the requirements of OSM will decide which of the following promptly repair or compensate for the Federal regulations at 30 CFR enforcement approaches to pursue. 817.41(j) and 817.121(c)(2) and if the subsidence-caused material damage to (1) State program amendment State’s authority to enforce its noncommercial buildings and to process. If the State’s promulgation of provisions applies to operations occupied residential dwellings and regulatory provisions that are conducted on or after some date later related structures. Repair of damage counterpart to 30 CFR 817.41(j) and than October 24, 1992, the State would includes rehabilitation, restoration, or 817.121(c)(2) is imminent, the number enforce its provisions for these replacement of the structures identified and extent of underground mines that operations on and after the provisions’ in section 720(a)(1), and compensation have operated in the State since October effective date. OSM would then enforce must be provided to the owner in the 24, 1992, is low, the number of 30 CFR 817.41(j) and 817.121(c)(2) to full amount of the reduction in value of complaints in the State concerning the extent the State statutory and the damaged structures as a result of section 720 of SMCRA is low, or the regulatory provisions do not include subsidence. Section 720(a)(2) requires State’s investigation of subsidence- corresponding provisions applicable to prompt replacement of certain related complaints has been thorough all underground mining activities identified water supplies if those and complete so as to assure prompt conducted after October 24, 1992; and supplies have been adversely affected remedial action, then OSM could decide OSM would enforce those provisions of by underground coal mining operations. not to directly enforce the Federal 30 CFR 817.41(j) and 817.121(c)(2) that These provisions requiring prompt provisions in the State. In this situation, are included in the State program but repair or compensation for damage to the State would enforce its State are not enforceable back to October 24, structures, and prompt replacement of statutory and regulatory provisions once 1992, for the time period from October water supplies, went into effect upon it has amended its program to be in 24, 1992, until the effective date of the passage of the Energy Policy Act on accordance with the revised SMCRA State’s rules. October 24, 1992. As a result, and to be consistent with the revised As described in item numbers (3) and underground coal mine permittees in Federal regulations. This program (4) above, OSM would directly enforce States with OSM-approved regulatory revision process, which is addressed in in total or in part its Federal statutory programs are required to comply with the Federal regulations at 30 CFR part or regulatory provisions until the State these provisions for operations 732, is commonly referred to as the adopts and OSM approves, under 30 conducted after October 24, 1992. State program amendment process. CFR Part 732, the State’s counterparts to 17500 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules the required provisions. However, as 783.17, 784.14, 784.20(c) 816.54, and contaminated or diminished due to discussed in item number (1) above, 816.124–U(b) and (c) are adequate State subsidence. OSM could decide not to initiate direct counterparts to section 720(a) of However, Oklahoma indicated that Federal enforcement and rely instead on SMCRA and the implementing Federal this regulation ‘‘is not as clearly the 30 CFR Part 732 State program regulations. Arkansas did not indicate written’’ as the new Federal regulations amendment process. when the existing State counterpart and that it includes ‘‘vague statements In those situations where OSM provisions went into effect. However, ** * regarding structures, facilities, determined that direct Federal Arkansas did indicate that it had not and any drinking, domestic or enforcement was necessary, the ten-day received any citizen complaints alleging residential water supplies’’ that will be notice provisions of 30 CFR 843.12(a)(2) subsidence-caused structural damage or clarified once the regulation is revised would not apply. That is, when on the water supply loss or contamination as a in accordance with the new Federal basis of a Federal inspection OSM result of underground mining regulations. determined that a violation of 30 CFR operations conducted after October 24, Oklahoma did not indicate when the 817.41(j) or 817.121(c)(2) existed, OSM 1992. State counterpart provisions went into would issue a notice of violation or effect. However, Oklahoma stated that it cessation order without first sending a D. Enforcement in Louisiana had investigated one citizen complaint ten-day notice to the State. By letter to Louisiana dated January alleging subsidence-related damage for Also under direct Federal 23, 1995, OSM requested information underground mining operations enforcement, the provisions of 30 CFR from Louisiana that would help OSM conducted after October 24, 1992, and it 817.121(C)(4) would apply. This decide which approach to take in issued a violation notice as a result of regulation states that if damage to any Louisiana to implement the the complaint. OSM has determined noncommercial building or occupied requirements of section 720(a) of that the citizen complaint did not residential dwelling or structure related SMCRA, the implementing Federal involve structural damage or water thereto occurs as a result of earth regulations, and/or the counterpart supply loss or contamination. movement within an area determined by Louisiana program provisions F. Enforcement in Texas projecting a specified angle of draw (Administrative Record No. LA–352). By from the outermost boundary of any letter dated February 7, 1995, Louisiana By letter to Texas dated January 23, underground mine workings to the responded to OSM’s request 1995, OSM requested information from surface of the land (normally a 30 (Administrative Record No. LA–353). Texas that would help OSM decide degree angle of draw), a rebuttable Louisiana stated that no underground which approach to take in Texas to presumption exists that the permittee coal mines were operating in Louisiana implement the requirements of section caused the damage. after October 24, 1992. Louisiana’s 720(a) of SMCRA, the implementing Lastly, under direct Federal regulatory program does not allow Federal regulations, and/or the enforcement, OSM would also enforce underground mining at the present time. counterpart Texas program provisions the new definitions at 30 CFR 701.5 of In the event that Louisiana received an (Administrative Record No. TX–587). By ‘‘drinking, domestic or residential water application for underground mining, letter dated January 26, 1995, Texas supply,’’ ‘‘material damage,’’ ‘‘non- Louisiana would have to revise its responded to OSM’s request commercial building,’’ ‘‘occupied program to incorporate counterpart (Administrative Record No. TX–588). dwelling and structures related thereto,’’ Texas stated that no underground coal provisions to section 720(a) of SMCRA and ‘‘replacement of water supply’’ that mines were operating in Texas after and the implementing Federal were adopted with the new October 24, 1992. regulations. underground mining performance Texas stated that the Texas Surface standards. E. Enforcement in Oklahoma Coal Mining and Reclamation Act OSM would enforce 30 CFR 817.41(j), currently has no counterpart to section By letter to Oklahoma dated January 817.121(c)(2) and (4), and 30 CFR 701.5 720 of SMCRA, and its regulations at 23, 1995, OSM requested information for operations conducted after October section 817.564, regarding repair and from Oklahoma that would help OSM 24, 1992. compensation for damages occurring to decide which approach to take in buildings and other structures, and at C. Enforcement in Arkansas Oklahoma to implement the section 817.521, regarding replacement requirements of section 720(a) of By letter to Arkansas dated December of water supplies, have no direct SMCRA, the implementing Federal 15, 1994, OSM requested information counterparts to OSM’s proposed regulations, and/or counterpart from Arkansas that would help OSM regulations at 30 CFR 817.121(c) and Oklahoma program provisions decide which approach to take in 817.41(k). Arkansas to implement the (Administrative Record No. OK–965). requirements of section 720(a) of By letter dated February 8, 1995, II. Public Comment Procedures SMCRA, the implementing Federal Oklahoma responded to OSM’s request OSM is requesting public comment to regulations, and/or the counterpart (Administrative Record No. OK–966). assist OSM in making its decision on Arkansas program provisions Oklahoma stated that one which approach to use in Arkansas, (Administrative Record No. AR–542). underground coal mine was active after Louisiana, Oklahoma, and Texas to By letter dated January 30, 1995, October 24, 1992, and one underground implement the underground coal mine Arkansas responded to OSM’s request mine was constructing surface facilities performance standards of section 720(a) (Administrative Record No. AR–453). as of February 8, 1995. of SMCRA, the implementing Federal Arkansas stated that one underground Oklahoma indicated that the State regulations, and any counterpart State coal mine was active in Arkansas after regulation at OAC 460:20–45–47(c) provisions. October 24, 1992. Arkansas indicated (previously codified as section that its existing State law and its 817.121(c)) addresses repair or A. Written Comments regulations at Arkansas Surface Coal compensation of subsidence-related Written comments should be specific, Mining and Reclamation Code material damage to structures and pertain only to the issues addressed in (ASCMRC) Sections 779.17, 780.21(e), replacement of water supplies this notice, and include explanations in Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17501 support of the commenter’s Dated: March 31, 1995. should be implemented in Colorado, recommendations. Comments received Russell F. Price, New Mexico, and Utah. Requests to after the time indicated under DATES or Acting Assistant Director, Western Support speak at the hearing must be received by at locations other than the Tulsa Field Center. 4:00 p.m., m.d.t. on April 21, 1995. Office will not necessarily be [FR Doc. 95–8469 Filed 4–5–95; 8:45 am] ADDRESSES: Written comments and considered in OSM’s final decision or BILLING CODE 4310±05±M requests to speak at the hearing should included in the Administrative Record. be mailed or hand-delivered to Thomas E. Ehmett, Acting Director, Albuquerque B. Public Hearing 30 CFR Parts 906, 931, and 944 Field Office at the address listed below. Copies of the applicable parts of the Persons wishing to speak at the public Colorado, New Mexico, and Utah hearing should contact the person listed Colorado, New Mexico, and Utah Regulatory Programs programs, SMCRA, the implementing under FOR FURTHER INFORMATION Federal regulations, information CONTACT by 4 p.m., c.d.t. on April 21, AGENCY: Office of Surface Mining provided by Colorado, New Mexico, and 1995. The location and time of the Reclamation and Enforcement (OSM), Utah concerning their authority to hearing will be arranged with those Interior. ACTION: Annoucement of public implement State counterparts to persons requesting the hearing. If no one SMCRA and the implementing Federal requests an opportunity to testify at the comment period and opportunity for public hearing. regulations, a listing of any scheduled public hearing, the hearing will not be public hearings, and all written held. SUMMARY: OSM is requesting public comments received in response to this Filing of a written statement at the comment that would be considered in document will be available for public time of the hearing is requested as it deciding how to implement in Colorado, review at the address listed below will greatly assist the transcriber. New Mexico, and Utah underground during normal business hours, Monday Submission of written statements in coal mine subsidence control and water through Friday, excluding holidays. advance of the hearing will allow OSM replacement provisions of the Surface Thomas E. Ehmett, Acting Director, officials to prepare adequate responses Mining Control and Reclamation Act of Albuquerque Field Office, Office of and appropriate questions. 1977 (SMCRA), the implementing Surface Mining Reclamation and Federal regulations, and/or the Enforcement, 505 Marquette NW., Suite The public hearing will continue on counterpart State provisions. Recent 1200, Telephone: (505) 766–1486. the specified date until all persons amendments of SMCRA and the FOR FURTHER INFORMATION CONTACT: scheduled to speak have been heard. implementing Federal regulations Thomas E. Ehmett, Acting Director, Persons in the audience who have not require that underground coal mining Albuquerque Field Office, Telephone: been scheduled to speak, and who wish operations conducted after October 24, (505) 766–1486. to do so, will be heard following those 1992, promptly repair or compensate for who have been scheduled. The hearing subsidence-caused material damage to SUPPLEMENTARY INFORMATION: will end after all persons scheduled to noncommercial buildings and to I. Background speak and persons present in the occupied dwellings and related audience who wish to speak have been structures. These provisions also require A. The Energy Policy Act heard. such operations to promptly replace Section 2504 of the Energy Policy Act Any disabled individual who has drinking, domestic, and residential of 1992, Public Law 102–486, 106 Stat. need for a special accommodation to water supplies that have been adversely 2776 (1992) added new section 720 to attend a public hearing should contact affected by underground coal mining. SMCRA. Section 720(a)(1) requires that OSM must decide if the Colorado, all underground coal mining operations the individual listed under FOR FURTHER New Mexico, and Utah regulatory promptly repair or compensate for INFORMATION CONTACT. programs (herein after referred to as the subsidence-caused material damage to C. Public Meeting ‘‘State programs’’ currently have noncommercial buildings and to adequate counterpart provisions in occupied residential dwellings and If only a few persons request an place to promptly implement the recent related structures. Repair of damage opportunity to speak at a hearing, a amendments to SMCRA and the Federal includes rehabilitation, restoration, or public meeting, rather than a public regulations. After consultation with replacement of the structures identified hearing, may be held. Persons wishing Colorado, New Mexico, and Utah and in section 720(a)(1), and compensation to meet with OSM representatives to consideration of public comments, OSM must be provided to the owner in the discuss recommendations on how OSM will decide whether initial enforcement full amount of the reduction in value of and Arkansas, Louisiana, Oklahoma, in each of these States will be the damaged structures as a result of and Texas should implement the accomplished through the State program subsidence. Section 720(a)(2) requires provisions of section 720(a) of SMCRA, amendment process or by State prompt replacement of certain the implementing Federal regulations, enforcement, by interim direct OSM identified water supplies if those and/or the counterpart State provisions, enforcement, or by joint State and OSM supplies have been adversely affected may request a meeting by contacting the enforcement. by underground coal mining operations. person listed under FOR FURTHER DATES: Written comments must be These provisions requiring prompt INFORMATION CONTACT. All such meetings received by 4:00 p.m., m.d.t. on May 8, repair or compensation for damage to will be open to the public and, if 1995. If requested, OSM will hold a structures, and prompt replacement of possible, notices of meetings will be public hearing on May 1, 1995, water supplies, went into effect upon posted at the locations listed under concerning how the underground coal passage of the Energy Policy Act on mine subsidence control and water October 24, 1992. As a result, ADDRESSES. A written summary of each replacement provisions of SMCRA and underground coal mine permittees in meeting will be made a part of the the implementing Federal regulations, States with OSM-approved regulatory Administrative Record. or the counterpart State provisions, programs are required to comply with 17502 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules these provisions for operations the Federal regulations at 30 CFR Part or regulatory provisions until the State conducted after October 24, 1992. 732, is commonly referred to as the adopts and OSM approves, under 30 State program amendment process. CFR Part 732, the State’s counterparts to B. The Federal Regulations (2) State enforcement. If the State has the required provisions. However, as Implementing the Energy Policy Act statutory or regulatory provisions in discussed in item number (1) above, On March 31, 1995, OSM place that correspond to all of the OSM could decide not to initiate direct promulgated regulations at 30 CFR Part requirements of the above-described Federal enforcement and rely instead on 817 to implement the performance Federal regulations at 30 CFR 817.41(j) the 30 CFR Part 732 State program standards of sections 720(a)(1) and (2) and 817.121(c)(2) and the State has amendment process. SMCRA (60 FR 16722–16751). authority to implement its statutory and In those situations where OSM 30 CFR 817.121(c)(2) requires in part regulatory provisions for all determined that direct Federal that: underground mining activities enforcement was necessary, the ten-day The permittee must promptly repair, or conducted after October 24, 1992, then notice provisions of 30 CFR 843.12(a)(2) compensate the owner for, material damage the State would enforce its provisions would not apply. That is, when on the resulting from subsidence caused to any non- for these operations. basis of a Federal inspection OSM commercial building or occupied residential (3) Interim direct OSM enforcement. If determined that a violation of 30 CFR dwelling or structure related thereto that the State does not have any statutory or 817.41(j) or 817.121(c)(2) existed, OSM existed at the time of mining. * * * The regulatory provisions in place that would issue a notice of violation or requirements of this paragraph apply only to correspond to the requirements of the subsidence-related damage caused by cessation order without first sending a Federal regulations at 30 CFR 817.41(j) ten-day notice to the State. underground mining activities conducted and 817.121(c)(2), then OSDM would after October 24, 1992. Also under direct Federal enforce in their entirety 30 CFR enforcement, the provisions of 30 CFR 30 CFR 817.41(j) requires in part that: 817.41(j) and 817.121(c)(2) for all 817.121(c)(4) would apply. This underground mining activities The permittee must promptly replace any regulation states that if damage to any conducted in the State after October 24, drinking, domestic or residential water noncommercial building or occupied supply that is contaminated, diminished or 1992. residential dwelling or structure related interrupted by underground mining activities (4) State and OSM enforcement. If the conducted after October 24, 1992, if the State has statutory or regulatory thereto occurs as a result of earth affected well or spring was in existence provisions in place that correspond to movement within an area determined by before the date the regulatory authority some but not all of the requirements of projecting a specified angle of draw received the permit application for the the Federal regulations at 30 CFR from the outermost boundary of any activities causing the loss, contamination or 817.41(j) and 817.121(c)(2) and the State underground mine workings to the interruption. has authority to implement its surface of the land (normally a 30 30 CFR 843.25 provides that by July provisions for all underground mining degree angle of draw), a rebuttable 31, 1995, OSM will decide, in activities conducted after October 24, presumption exists that the permittee consultation with each State regulatory 1992, then the State would enforce its caused the damage. authority with an approved program, provisions for these operations. OSM Lastly, under direct Federal how enforcement of the new would then enforce those provisions of enforcement, OSM would also enforce requirements will be accomplished. As 30 CFR 817.41(j) and 817.121(c)(2) that the new definitions at 30 CFR 701.5 of discussed below, enforcement may be are not covered by the State provisions ‘‘drinking, domestic or residential water accomplished through the 30 CFR Part for these operations. supply,’’ ‘‘material damage,’’ ‘‘non- 732 State program amendment process, If the State has statutory or regulatory commercial building,’’ ‘‘occupied or by State, OSM, or joint State and provisions in place that correspond to dwelling and structures related thereto,’’ OSM enforcement of the requirements. some but not all of the requirements of and ‘‘replacement of water supply’’ that OSM will decide which of the following the Federal regulations at 30 CFR were adopted with the new enforcement approaches to pursue. 817.41(j) and 817.121(c)(2) and if the underground mining performance (1) State program amendment State’s authority to enforce its standards. process. If the State’s promulgation of provisions applies to operations OSM would enforce 30 CFR 817.41(j), regulatory provisions that are conducted on or after some date later 817.121(c) (2) and (4), and 30 CFR 701.5 counterpart to 30 CFR 817.41(j) and than October 24, 1992, the State would for operations conducted after October 817.121(c)(2) is imminent, the number enforce its provisions for these 24, 1992. and extent of underground mines that operations on and after the provisions’ C. Enforcement in Colorado have operated in the State since October effective date. OSM would then enforce 24, 1992, is low, the number of 30 CFR 817.41(j) and 817.121(c)(2) to By letter to Colorado dated December complaints in the State concerning the extent the State statutory and 14, 1994, OSM requested information section 720 of SMCRA is low, or the regulatory provisions do not include that would help OSM decide which State’s investigation of subsidence- corresponding provisions applicable to approach to take in Colorado to related complaints has been thorough all underground mining activities implement the requirements of section and complete so as to assure prompt conducted after October 24, 1992; and 720(a) of SMCRA, the implementing remedial action, then OSM could decide OSM would enforce those provisions of Federal regulations, and/or the not to directly enforce the Federal 30 CFR 817.41(j) and 817.121(c)(2) that counterpart Colorado program provisions in the State. In this situation, are included in the State program but provisions (Administrative Record No. the State would enforce its State are not enforceable back to October 24, CO–652). By letter dated February 23, statutory and regulatory provisions once 1992, for the time period from October 1995, Colorado responded to OSM’s it has amended its program to be in 24, 1992, until the effective date of the request (Administrative Record No. CO– accordance with the revised SMCRA State’s rules. 661). and to be consistent with the revised As described in item numbers (3) and Colorado stated that permits were Federal regulations. This program (4) above, OSM would directly enforce issued for 25 underground coal mines revision process, which is addressed in in total or in part its Federal statutory after October 24, 1992, and 11 of those Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17503 mines actually mined coal after October subsidence-related water supply loss or citizen complaints alleging subsidence- 24, 1992. contamination. Colorado investigated all related structural damage or water Colorado indicated that prior to June three complaints. Colorado determined supply loss or contamination as a result 1, 1992, Colorado had in place surface the complaint alleging subsidence- of underground mining operations owner protection performance standards caused structural damage to be without conducted after October 24, 1992. New at 2 Code of Colorado Regulations 407– basis. One of the complaints alleging Mexico indicated that both of the 2, Rules 4.20.3(1) and 4.20.3(2) that subsidence-related water supply loss or underground mines that operated after encompassed the requirements of contamination was withdrawn, and the October 24, 1992, are located several section 720(a)(1) of SMCRA. Rule second is currently under investigation miles from structures subject to the 4.20.3(2), which contained requirements by Colorado. Federal requirements for subsidence- regarding an operator’s obligation to related material damage. repair or compensate for material D. Enforcement in New Mexico damage or reduction in value or By letter to New Mexico dated E. Enforcement in Utah reasonably foreseeable use caused by December 14, 1994, OSM requested subsidence to surface structures, information that would help OSM By letter to Utah dated December 14, features, or values, expired on June 1, decide which approach to take in New 1994, OSM requested information that 1992, under Colorado’s ‘‘Sunset Law.’’ Mexico to implement the requirements would help OSM decide which The rule expired because Colorado’s of section 720(a) of SMCRA, the approach to take in Utah to implement Office of Legislative Legal Services implementing Federal regulations, and/ the requirements of section 720(a) of found during November 1991 it was not or the counterpart New Mexico program SMCRA, the implementing Federal supported by statute. Colorado provisions (Administrative Record No. regulations, and/or the counterpart Utah subsequently developed language for a NM–725). By letter dated December 22, program provisions (Administrative bill to amend the Colorado Surface Coal 1994, New Mexico responded to OSM’s Record No. UT–1001). By letter dated Mining and Reclamation Act (the request (Administrative Record No. January 20, 1995, Utah responded to Colorado Act) and introduced the bill NM–726). OSM’s request (Administrative Record during the 1995 legislative session. The New Mexico stated that two No. UT–1015). intent of the bill is to amend section 34– underground coal mines were active in Utah stated that the number of 33–121(2)(a) to provide specific New Mexico after October 24, 1992. underground coal mines in operation statutory support for Rule 4.20.3(2). New Mexico stated that, because its after October 24, 1992, may be found in Colorado has not yet formally submitted existing provision at Coal Surface the past and current grant applications this amendment to OSM for review Mining Commission (CSMC) Rule 80–1– filed annually with OSM. From review under 30 CFR 732.17. 20–124 does not include requirements of these grant applications, OSM Colorado explained that, although the no less stringent than section 720 of determined that there are approximately specific language of Rule 4.20.3(2) SMCRA, it intended to revise this rule 21 underground mines that operated expired during June 1992, the Division to read as follows: after October 24, 1992. of Minerals and Geology has continued Each person who conducts underground since that time to interpret its rules to As submitted to OSM on April 14, mining which results in subsidence shall: 1994, and subsequently revised on require that mine operators are (a) Promptly repair, or compensate for, responsible for repairing or material damage resulting subsidence caused December 14, 1994 (Administrative compensating surface owners for to any occupied residential dwelling and Record Nos. UT–917 and UT–997), Utah subsidence-caused material damage to structures related thereto, or non-commercial proposed subsidence material damage structures. Colorado based its authority building due to underground coal mining provisions at Utah Code Annotated 40– for doing so on the general provisions of operations. Repair of damage shall include 10–18(4) that were intended to be Rule 4.20.3(1) and the subsidence rehabilitation, restoration, or replacement of counterparts to the provisions to the the damaged structures. provisions of section 720(a)(1) of control plan mitigation requirements of Compensation shall be provided to the Rule 2.05.6(6)(iv). owner and shall be in the full amount of the SMCRA. OSM has not yet published, in Colorado indicated that there may be diminution in value resulting from the accordance with 30 CFR Part 732.17, a a conflict between the provisions of subsidence. Compensation may be final rule Federal Register notice section 720(a)(2) of SMCRA, which accomplished by the purchase, prior to detailing its decision on the proposed requires prompt replacement of underground mining which results in provisions. drinking, domestic, or residential water damage of the structures, of a noncancellable premium-prepaid insurance policy. In its January 20, 1995, letter, Utah supplies adversely impacted by indicated that it intends to promulgate underground mining operations, and (b) Promptly replace any drinking, domestic, or residential water supply from a by March 1996 water replacement Colorado water law. Consequently, well or spring in existence prior to the statutory provisions that are Colorado has requested an opinion from application for a coal mining and reclamation counterparts to the provisions of section the Colorado Assistant Attorney General permit, which has been affected by 720(a)(2) of SMCRA. in this regard. Existing Colorado Rule contamination, diminution, or interruption 4.05.15 requires operators to ‘‘* ** resulting from underground mining Utah did not state whether it has replace the water supply of any owner operations. Nothing in this section shall be authority to investigate citizen of a vested water right which is construed to prohibit or interrupt complaints of structural damage or proximately injured as a result of the underground coal mining operations. water loss caused by underground mining activities in a manner consistent New Mexico did not indicate whether mining operations conducted after with applicable State law’’ (emphasis it currently has the authority within its October 24, 1992. Utah indicated that it added). program to investigate citizen did receive, investigate, and resolve one For underground mining operations complaints of structural damage or citizen complaint after October 24, conducted after October 24, 1992, water supply loss or contamination 1992, but it also indicated that the Colorado has received one complaint caused by underground mining complaint was judged not to be one that alleging subsidence-related structural operations conducted after October 24, the Energy Policy Act of 1992 revisions damage and two complaints alleging 1992. New Mexico has not received any to section 720 of SMCRA could remedy. 17504 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules II. Public Comment Procedures request a meeting by contacting the enforcement, or by joint State and OSM OSM is requesting public comment to person listed under FOR FURTHER enforcement. assist OSM in making its decision on INFORMATION CONTACT. All such meetings DATES: Written comments must be which approach to use in Colorado, will be open to the public and, if received by 4:00 p.m., c.d.t. on May 8, New Mexico, and Utah to implement possible, notices of meetings will be 1995. If requested, OSM will hold a the underground coal mine performance posted at the locations listed under public hearing on May 1, 1995, standards of section 720(a) of SMCRA, ADDRESSES. A written summary of each concerning how the underground coal the implementing Federal regulations, meeting will be made a part of the mine subsidence control and water and any counterpart State provisions. Administrative Record. replacement provisions of SMCRA and the implementing Federal regulations, A. Written Comments Dated: March 31, 1995. Russell F. Price, or the counterpart State provisions, Written comments should be specific, Acting Assistant Director, Western Support should be implemented in Iowa, Kansas, pertain only to the issues addressed in Center. and Missouri. Requests to speak at the this notice, and include explanations in [FR Doc. 95–8468 Filed 4–5–95; 8:45 am] hearing must be received by 4:00 p.m., support of the commenter’s c.d.t. on April 21, 1995. BILLING CODE 4310±05±M recommendations. Comments received ADDRESSES: Written comments and after the time indicated under DATES or requests to speak at the hearing should at locations other than the Albuquerque 30 CFR Parts 915, 916, and 925 be mailed or hand-delivered to Michael Field Office will not necessarily be C. Wolfrom, Acting Director, Kansas considered in OSM’s final decision or Iowa, Kansas, and Missouri Regulatory City Field Office at the address listed included in the Administrative Record. Programs below. B. Public Hearing Copies of the applicable parts of the AGENCY: Office of Surface Mining Iowa, Kansas, and Missouri programs, Persons wishing to speak at the public Reclamation and Enforcement (OSM), SMCRA, the implementing Federal hearing should contact the person listed Interior. regulations, information provided by under FOR FURTHER INFORMATION ACTION: Announcement of public Iowa, Kansas, and Missouri concerning CONTACT by 4 p.m., mst on April 21, comment period and opportunity for 1995. The location and time of the their authority to implement State public hearing. hearing will be arranged with those counterparts to SMCRA and the persons requesting the hearing. If no one implementing Federal regulations, a SUMMARY: OSM is requesting public listing of any scheduled public hearings, requests an opportunity to testify at the comment that would be considered in public hearing, the hearing will not be and all written comments received in deciding how to implement in Iowa, response to this document will be held. Kansas, and Missouri underground coal Filing of a written statement at the available for public review at the mine subsidence control and water time of the hearing is requested as it address listed below during normal replacement provisions of the Surface will greatly assist the transcriber. business hours, Monday through Friday, Mining Control and Reclamation Act of Submission of written statements in excluding holidays. 1977 (SMCRA), the implementing advance of the hearing will allow OSM Michael C. Wolfrom, Acting Director, Federal regulations, and/or the officials to prepare adequate responses Kansas City Field Office, Office of counterpart State provisions. Recent and appropriate questions. Surface Mining Reclamation and The public hearing will continue on amendments to SMCRA and the Enforcement, 934 Wyandotte, Room the specified date until all persons implementing Federal regulations 500, Kansas City, MO 64105, Telephone: scheduled to speak have been heard. require that underground coal mining (816) 374–6405. Persons in the audience who have not operations conducted after October 24, FOR FURTHER INFORMATION CONTACT: been scheduled to speak, and who wish 1992, promptly repair or compensate for Michael C. Wolfrom, Acting Director, to do so, will be heard following those subsidence-caused material damage to Kansas City Field Office, Telephone: who have been scheduled. The hearing noncommercial buildings and to (816) 374–6405. will end after all persons scheduled to occupied dwellings and related SUPPLEMENTARY INFORMATION: speak and persons present in the structures. These provisions also require audience who wish to speak have been such operations to promptly replace I. Background drinking, domestic, and residential heard. A. The Energy Policy Act Any disabled individual who has water supplies that have been adversely need for a special accommodation to affected by underground coal mining. Section 2504 of the Energy Policy Act attend a public hearing should contact OSM must decide if Iowa’s, Kansas’, of 1992, Public Law 102–486. 106 Stat. the individual listed under FOR FURTHER and Missouri’s regulatory programs 2776 (1992) added new section 720 to INFORMATION CONTACT. (hereinafter referred to as the ‘‘Iowa, SMCRA. Section 720(a)(1) requires that Kansas, and Missouri programs’’) all underground coal mining operations C. Public Meeting currently have adequate counterpart promptly repair or compensate for If only a few persons request an provisions in place to promptly subsidence-caused material damage to opportunity to speak at a hearing, a implement the recent amendments to noncommercial buildings and to public meeting, rather than a public SMCRA and the Federal regulations. occupied residential dwellings and hearing, may be held. Persons wishing After consultation with Iowa, Kansas, related structures. Repair of damage to meet with OSM representatives to and Missouri and consideration of includes rehabilitation, restoration, or discuss recommendations on how OSM public comments, OSM will decide replacement of the structures identified and Colorado, New Mexico, or Utah whether initial enforcement in Iowa, in section 720(a)(1), and compensation should implement the provisions of Kansas, and Missouri will be must be provided to the owner in the section 720(a) of SMCRA, the accomplished through the State Program full amount of the reduction in value of implementing Federal regulations, and/ amendment process or by State the damaged structures as a result of or the counterpart State provisions, may enforcement, by interim direct OSM subsidence. Section 720(a0(2) requires Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17505 prompt replacement of certain State’s investigation of subsidence- in total or in part its Federal statutory identified water supplies if those related complaints has been thorough or regulatory provisions until the State supplies have been adversely affected and complete so as to assure prompt adopts and OSM approves, under 30 by underground coal mining operations. remedial action, then OSM could decide CFR part 732, the State’s counterparts to These provisions requiring prompt not to directly enforce the Federal the required provisions. However, as repair or compensation for damage to provisions in the State. In this situation, discussed in item number (1) above, structures, and prompt replacement of the State would enforce its State OSM could decide not to initiate direct water supplies, went into effect upon statutory and regulatory provisions once Federal enforcement and rely instead on passage of the Energy Policy Act on it has amended its program to be in the 30 CFR Part 732 State program October 24, 1992. As a result, accordance with the revised SMCRA amendment process. underground coal mine permittees in and to be consistent with the revised In those situations where OSM States with OSM-approved regulatory Federal regulations. This program determined that direct Federal programs are required to comply with revision process, which is addressed in enforcement was necessary, the ten-day these provisions for operations the Federal regulations at 30 CFR part notice provisions of 30 CFR 843.12(a)(2) conducted after October 24, 1992. 732, is commonly referred to as the would not apply. That is, when on the State program amendment process. basis of a Federal inspection OSM B. The Federal Regulations (2) State enforcement. If the State determined that a violation of 30 CFR Implementing the Energy Policy Act does not have any statutory or 817.41(j) or 817.121(c)(2) existed, OSM On March 31, 1995, OSM regulatory provisions in place that would issue a notice of violation or promulgated regulations at 30 CFR part correspond to the requirements of the cessation order without first sending a 817 to implement the performance Federal regulations at 30 CFR 817.41(j) ten-day notice to the State. standards of sections 720(a) (1) and (2) and 817.121(c)(2), then OSM would Also under direct Federal of SMCRA (60 FR 16722–16751). enforce in their entirety 30 CFR enforcement, the provisions of 30 CFR 30 CFR 817.121(c)(2) requires in part 817.41(j) and 817.121(c)(2) for all 817.121(c)(4) would apply. This that: underground mining activities regulation states that if damage to any The permittee must promptly repair, or conducted in the State after October 24, noncommercial building or occupied compensate the owner for, material damage 1992. residential dwelling or structure related resulting from subsidence caused to any non- (4) State and OSM enforcement. If thereto occurs as a result of earth commercial building or occupied residential thee State has statutory or regulatory movement within an area determined by dwelling or structure related thereto that provisions in place that correspond to projecting a specified angle of draw existed at the time of mining. * * * The some but not all of the requirements of from the outermost boundary of any requirements of this paragraph apply only to the Federal regulations at 30 CFR underground mine workings to the subsidence-related damage caused by 817.41(j) and 817.121(c)(2) and the State surface of the land (normally a 30 underground mining activities conducted has authority to implement its degree angle of draw), a rebuttable after October 24, 1992. provisions for all underground mining presumption exists that the permittee 30 CFR 817.41(j) requires in part that: activities conducted after October 24, caused the damage. The permittee must promptly replace any 1992, then the State would enforce its Lastly, under direct Federal drinking, domestic or residential water provisions for these operations. OSM enforcement, OSM would also enforce supply that is contaminated, diminished or would then enforce those provisions of the new definitions at 30 CFR 701.5 of interrupted by underground mining activities 30 CFR 817.41(j) and 817.121(c)(20 that ‘‘drinking, domestic or residential water conducted after October 24, 1992, if the are not covered by the State provisions supply,’’ ‘‘material damage,’’ ‘‘non- affected well or spring was in existence for these operations. commercial building,’’ ‘‘occupied before the date the regulatory authority If the State has statutory or regulatory dwelling and structures related thereto,’’ received the permit application for the provisions in place that correspond to and ‘‘replacement of water supply’’ that activities causing the loss, contamination or some but not all of the requirements of interruption. were adopted with the new the Federal regulations at 30 CFR underground mining performance 30 CFR 843.25 provides that by July 817.41(j) and 817.121(c)(2) and if the standards. 31, 1995, OSM will decide, in State’s authority to enforce its OSM would enforce 30 CFR 817.41(j), consultation with each State regulatory provisions applies to operations 817.121(c) (2) and (4), and 30 CFR 701.5 authority with an approved program, conducted on or after some date later for operations conducted after October how enforcement of the new than October 24, 1992, the State would 24, 1992. requirements will be accomplished. As enforce its provisions for these discussed below, enforcement may be operations on and after the provisions’ C. Enforcement in Iowa accomplished through the 30 CFR Part effective date. OSM would then enforce By letter to Iowa dated December 14, 732 State program amendment process, 30 CFR 817.41(j) and 817.121(c)(2) to 1994, OSM requested information from or by State, OSM, or joint State and the extent the State statutory and Iowa that would help OSM decide OSM enforcement of the requirements. regulatory provisions do not include which approach to take in Iowa to OSM will decide which of the following corresponding provisions applicable to implement the requirements of section enforcement approaches to pursue. all underground mining activities 720(a) of SMCRA, the implementing (1) State program amendment conducted after October 24, 1992; and Federal regulations, and/or the process. If the State’s promulgation of OSM would enforce those provisions of counterpart Iowa program requirements regulatory provisions that are 30 CFR 817.41(j) and 817.121(c)(2) that (Administrative Record No. IA–413). As counterpart to 30 CFR 817.41(j) and are included in the State program but of March 21, 1995, Iowa had not 817.121(c)(2) is imminent, the number are not enforceable back to October 24, responded to OSM’s request. and extent of underground mines that 1992, for the time period from October OSM has determined that no have operated in the State since October 24, 1992, until the effective date of the underground coal mines were operating 24, 1992, is low, the number of State’s rules. in Iowa after October 24, 1992. complaints in the State concerning As described in item numbers (3) and OSM’s review of Iowa’s program section 720 of SMCRA is low, or the (4) above, OSM would directly enforce indicates that Iowa has not revised its 17506 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules statute to incorporate counterparts to E. Enforcement in Missouri this notice, and include explanations in the requirements of section 720 of By letter to Missouri dated December support of the commenter’s SMCRA. Also OSM’s review indicates 14, 1994, OSM requested information recommendations. Comments received that (1) at Iowa Administrative Code from Missouri that would help OSM after the time indicated under DATES or (IAC) 27–40.64(207), Iowa incorporated decide which approach to take in at locations other than the Kansas City 30 CFR 817.41 as it existed on July 1, Missouri to implement the requirements Field Office will not necessarily be 1992, and (2) at IAC 27–40.64(6), Iowa of section 720(a) of SMCRA, the considered in OSM’s final decision or incorporated 30 CFR 817.121(c)(2) as it implementing Federal regulations, and/ included in the Administrative Record. existed on July 1, 1992, except the or the counterpart Missouri program B. Public Hearing phrase ‘‘To the extent required under provisions (Administrative Record No. applicable provisions of State law.’’ MO–619. By letter dated February 16, Persons wishing to speak at the public D. Enforcement in Kansas 1995, Missouri responded to OSM’s hearing should contact the person listed request (Administrative Record No. under FOR FURTHER INFORMATION By letter to Kansas dated December MO–620). CONTACT by 4:00 p.m., c.d.t. on April 21, 14, 1994, OSM requested information OSM determined that no underground 1995. The location and time of the from Kansas that would help OSM coal mines were operating in Missouri hearing will be arranged with those decide which approach to take in after October 24, 1992. persons requesting the hearing. If no one Kansas to implement the requirements Missouri stated that the subsidence requests an opportunity to testify at the of section 720(a) of SMCRA, the plan permitting requirements at 10 implementing Federal regulations, and/ public hearing, the hearing will not be Missouri Code of State Regulations held. or the counterpart Kansas program (CSR) 40–6.120(11) and the performance requirements (Administrative Record standards for subsidence control at 10 Filing of a written statement at the No. KS–594). By letter dated February 3, CSR 40–3.280 generally correspond to time of the hearing is requested as it 1995, Kansas responded to OSM’s the requirements of section 720(a)(1) of will greatly assist the transcriber. request (Administrative Record No. KS– SMCRA. In these regulations, Missouri Submission of written statements in 595). requires the permit applicant to submit advance of the hearing will allow OSM Kansas stated that no underground a plan detailing steps to prevent officials to prepare adequate responses coal mines were operating in Kansas subsidence damage or mitigate effects of and appropriate questions. after October 24, 1992. that damage to ‘‘structure or renewable The public hearing will continue on Kansas indicated that at Kansas resource lands.’’ Missouri interprets the specified date until all persons Administrative Regulations (KAR) 47– ‘‘structures to broadly mean any scheduled to speak have been heard. 9–1(d)(40), it adopted 30 CFR 817.121 as building, whether occupied or Persons in the audience who have not it existed on July 1, 1990, and is in the unoccupied, and it defines ‘‘renewable been scheduled to speak, and who wish process of promulgating regulations resource lands’’ as ‘‘aquifers and areas to do so, will be heard following those adopting 30 CFR 817.121 as it was for the recharge of aquifers and other who have been scheduled. The hearing written on July 1, 1992. Kansas stated underground waters, areas for will end after all persons scheduled to that this revised regulation will agricultural or silviculture production speak and persons present in the for food and fiber, and grazing lands.’’ authorize the repair of structural audience who wish to speak have been Missouri also stated that the damage caused by subsidence in heard. accordance with section 720(a)(1) of underground mining permit Any disabled individual who has SMCRA as it existed on December 31, requirements for alternate water supply 1993. at 10 CSR 40–6.110(8) and protection of need for a special accommodation to hydrologic balance requirements at 10 attend a public hearing should contact Kansas further indicated that it has CSR 40–6.120(5)(b)3., together with the the individual listed under FOR FURTHER the authority to investigate complaints performance requirements for water INFORMATION CONTACT. concerning water loss through the rights replacement at 10 CSR 40– material damage criteria of KAR 47–9– C. Public Meeting 3.200(14), generally correspond to 1(d)(40, which adopts by reference 30 section 720(a)(2) of SMCRA. CFR 817.121(a), and through its If only a few persons request an Missouri indicated that all of the hydrologic balance regulations at KAR opportunity to speak at a hearing, a above-discussed regulations have 47–9–1(d)(7), which adopts by reference public meeting, rather than a public effective dates preceding October 24, 30 CFR 817.41. It further stated that any hearing, may be held. Persons wishing 1992, and appear to provide Missouri drinking domestic, or residential water to meet with OSM representatives to authority to enforce the provisions of supply, or other beneficial use as discuss recommendations on how OSM section 720 of SMCRA. defined by the Kansas Water and Iowa, Kansas, and Missouri should Appropriations Act, which is impaired II. Public Comment Procedures implement the provisions of section by diversion or is otherwise impaired, OSM is requesting public comment to 720(a) of SMCRA, the implementing would have to be replaced according to assist OSM in making its decision on Federal regulations, and/or the Kansas Statutes Annotated (KSA) 82a– which approach to use in Iowa, Kansas, counterpart State provisions, may 706b. Lastly, Kansas stated that any and Missouri to implement the request a meeting by contacting the waters of the state whose quality is underground coal mine performance person listed under FOR FURTHER adversely impacted will have to be standards of section 720(a) of SMCRA, INFORMATION CONTACT. All such meetings cleaned up at the owner’s expense as the implementing Federal regulations, will be open to the public and, if provided for in KSA 65–171 et seq. and any counterpart State provisions. possible, notices of meetings will be Kansas concluded that the above- posted at the locations listed under discussed regulations and statutes A. Written Comments ADDRESSES. A written summary of each adequately encompass the requirements Written comments should be specific, meeting will be made a part of the of section 720(a) of SMCRA. pertain only to the issues addressed in Administrative Record. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17507 Dated: March 31, 1995. Executive Order 12866, ‘‘Regulatory (5) The designated agent for each Russell F. Price, Planning and Review’’ uniformed service is: Acting Assistant Director, Western Support The Under Secretary of Defense (i) Army, Navy, Air Force and Marine Center. (Comptroller) has determined that 32 Corps: Defense Finance and Accounting [FR Doc. 95–8466 Filed 4–5–95; 8:45 am] CFR part 63 is not a significant Service, Cleveland Center (Code LF), PO BILLING CODE 4310±05±M regulatory action. The rule does not: Box 998002, Cleveland, OH 44199– (1) Have an annual effect on the 8002. economy of $100 million or more or (ii) Coast Guard: United States Coast adversely affect in a material way the Guard, Commanding Officer (L), Pay DEPARTMENT OF DEFENSE economy, a sector of the economy, and Personnel Center, 444 Quincy productivity, competition, jobs, the Street, Topeka, KS 66683–3591. Office of the Secretary environment, public health or safety, or (iii) Public Health Service: Office of General Counsel, Department of Health 32 CFR Part 63 State, local, or tribal governments or communities; and Human Service, Room 5362, 330 Independence Avenue, SW, Former Spouse Payments From (2) Create a serious inconsistency or Washington, DC 20201. Retired Pay otherwise interfere with an action taken or planned by another agency; * * * * * AGENCY: Office of the Secretary of (3) Materially alter the budgetary (c) * * * Defense, DoD. impact of entitlements, grants, user fees, (8) The court order shall require or loan programs or the rights and payment of child support or alimony or, ACTION: Proposed rule; amendment. obligations of recipients thereof; or in the case of a division of property, (4) Raise novel legal or policy issues provide for the payment of an amount SUMMARY: This proposed rule amends arising out of legal mandates, the of disposable retired or retainer pay, part 63 of title 32 of the Code of Federal President’s priorities, or the principles expressed as a dollar amount or as a Regulations to reflect amendments to set forth in this Executive Order. percentage. Court orders specifying a the Uniformed Services Former percentage or fraction of disposable Public Law 96–354, ‘‘Regulatory Spouses’ Protection Act and to clarify retired pay shall be construed as a Flexibility Act of 1980’’ (5 U.S.C. 601– the language in § 63.6(c)(8) concerning percentage or a fraction of disposable 612) court orders that provide for a division retired pay. A court order that provides of retired pay by means of a formula. The Under Secretary of Defense for a division of retired pay by means Guidance implementing the (Comptroller) has certified that this rule of a formula wherein the elements of the amendments have been incorporated is not subject to the Regulatory formula are not specifically set forth or into Volume 7, Part B of the DoD Flexibility Act (5 U.S.C. 601–612) readily apparent on the face of the court Financial Management Regulation, DoD because it affects only certain military order will not be honored unless 7000.14–R, but has not been previously members and their former spouses. clarified by the court. For orders served published in the Federal Register. Public Law 96–511, ‘‘Paperwork on or after April 1, 1995, an exception DATES: Comments must be received June Reduction Act’’ (44 U.S.C. 3501–3520) to requiring such a clarifying order will 6, 1995. be made only if in accordance with The Under Secretary of Defense (c)(8) (i), (ii) and (iii) of this section: ADDRESSES: Interested parties should (Comptroller) has certified that this (i) The order otherwise qualifies for submit written comments to: Deputy amendment of 32 CFR part 63 does not direct payment but the parties are Director for Finance, Defense Finance impose any new reporting or divorced when the member is on active and Accounting Service, 1931 Jefferson recordkeeping requirements under the duty. In that situation, where the Davis Highway, Arlington, VA 22240– Paperwork Reduction Act of 1980 (44 pertinent court order is expressed in 5291, Attention: Military Pay U.S.C. 3501–3520). terms of a formula and the element Directorate. List of Subjects in 32 CFR Part 63 missing from that formula is the member’s years of service, then the FOR FURTHER INFORMATION CONTACT: Mr. Alimony, Child support, Retirement, designated agent will supply the Fiti Malufau, (703) 602–5279. Uniformed Services, Payments to former member’s years of service in terms of spouses, Military retired pay. SUPPLEMENTARY INFORMATION: Because of whole months to arrive at a percentage the large number of comments Accordingly, 32 CFR part 63 is proposed to be amended as follows: of disposable pay due the former anticipated, we do not plan to spouse. Partial months of service will be acknowledge or respond to individual PART 63ÐFORMER SPOUSE dropped. The member’s service that is comments but will address the PAYMENTS FROM RETIRED PAY creditable for retirement percentage comments, as appropriate, in the multiplier purposes (See Chapter 1, preamble of the final rule. 1. The authority citation for part 63 Section C of DoD Financial Management To avoid undue hardship on those continues to read as follows: Regulation, DoD 7000.14–R, Volume 7, seeking to enforce support orders Authority: 10 USC 1408. Part B 1) will be used in all formulas. In providing for a division of retired pay, 2. Section 63.6 is proposed to be the case of reserve members, points the Department of Defense will continue amended by adding the word ‘‘certified’’ earned during the member’s marriage to follow its current implementing after the word ‘‘A’’ in paragraph must be contained in the court order. guidance with regard to the (b)(1)(ii), by revising paragraphs (b)(5), The designated agent will supply total amendments to the Uniformed Services (c)(8) and (e), and by adding a new retirement points earned by a reservist Former Spouses’ Protection Act and, paragraph (h)(13) to read as follows: effective April 1, 1995, will accept court 1 Copies may be obtained from the Deputy § 63.6 Procedures. Director for Finance, Defense Finance and orders containing formulas that are Accounting Service, 1931 Jefferson Davis Highway, consistent with the proposed rule until * * * * * Arlington, Virginia 22240–5291, Attention: Military a final rule is issued. (b) * * * Pay Directorate. 17508 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules if that element is missing from the fixed dollar amount or a percentage of (E) Federal employment taxes and formula. The formula will be computed disposable pay that can be computed income withheld to the extent that the based on the member’s service for using the qualifying court order alone amount is consistent with member’s tax retirement multiplier or points and without reference to any facts or values liability, including amounts for carried out to four decimal places. external to the court order dividing the supplemental withholding under 26 (ii) The order otherwise qualifies for member’s retired/retainer pay. U.S.C. 3402(i) when the member direct payment but the parties are * * * * * presents evidence to the satisfaction of divorced when the member is on active (e) Limitations. (1) Divorces, a designated agent that supports such duty and the pertinent court order dissolutions of marriage, annulments, withholding. State employment taxes awarding the former spouse a portion of and legal separations that became and income taxes when the member the member’s retired/retainer pay is effective before February 3, 1991. Upon makes a voluntary request for such expressed in terms of a hypothetical proper service, a member’s retired pay withholding from retired pay and the retired pay amount—one that is may be paid directly to a former spouse Uniformed Services have an agreement conditional or based upon the in the amount necessary to comply with with the State concerned for occurrence of certain facts and/or the court order, provided the total withholding from retired pay. events. No application will be processed amount does not exceed: (F) Premiums paid as a result of an by the designated agent in the absence (i) Fifty percent of disposable retired election under 10 U.S.C. Chapter 73, to of a clarifying order where the pay for all court orders and provide an annuity to a spouse or former spouse to whom payment of a hypothetical retired pay amount is to be garnishments paid under this part. based upon retired/retainer pay due the portion of such member’s retired pay is (ii) Sixty-five percent of disposable member at the time of divorce and the being made pursuant to a court order retired pay for all court orders and divorce occurs prior to the member’s under this part. garnishment actions paid under this retirement eligibility (at least 15 or 20 (G) The amount of the member’s part and garnishments paid under 42 years of service) unless the hypothetical retired pay under 10 U.S.C. Chapter 61 U.S.C. 659. retired pay amount is contained in the computed using the percentage of the (2) Divorces, dissolutions of marriage, order or is based on 15 or 20 years of member’s disability on the date when annulments, and legal separations that service. All hypothetical awards will be the member was retired (or the date on become effective on or after February 3, computed on the basis of the member’s which the member’s name was placed 1991. Upon proper service, a member’s retired pay at the time of retirement (as on the temporary disability retired list), explained in paragraph (c)(8)(iii) of this retired pay may be paid directly to a for court orders issued after November section) and, if the order also provides former spouse in the amount necessary 14, 1986. for the same percentage of cost-of-living to comply with the court order, (ii) For divorces, dissolutions of adjustments, will be converted to a provided the total amount does not marriage, annulments, and legal percentage of current disposable pay. If exceed: separations that become effective on or the hypothetical contained in the court (i) Fifty percent of disposable retired after February 3, 1991: order does not provide for the same pay for all court orders and garnishment (A) Amounts owed to the United percentage of cost-of-living adjustments, actions paid under this part. States for previous overpayment of then payments will be made in a fixed (ii) Sixty-five percent of the retired pay and for recoupment required dollar amount only. As noted in this remuneration for employment as by law resulting from entitlement to section, the formula will be carried out defined under 42 U.S.C. 659 and 662 for retired pay. to four decimal places. all court orders and garnishments under (B) Forfeitures of retired pay ordered (iii) Example. A court order awards this part and garnishments paid under by court-martial. the former spouse 25% of the member’s 42 U.S.C. 659. (C) Amounts waived in order to monthly retired/retainer pay of a retired (3) Disposable retired pay. Disposable receive compensation under Title 5 or rank of Captain with 20 years of service retired pay is the gross pay entitlement, 38 of United States Code. to include the same percentage of cost- including renounced pay, less (D) Premiums paid as a result of an of-living increases. The member later authorized deductions. Disposable election under 10 U.S.C. Chapter 73 to retires after 25 years of service as a retired pay does not include annuitant provide an annuity to a spouse or Major. The monthly retired pay of a payments under 10 U.S.C. Chapter 73. former spouse to whom payment of a Captain with 20 years of service equals For court orders issued on or before portion of such member’s retired pay is $1,000.00 and the monthly retired pay November 14, 1986, (or amendments to being made pursuant to a court order of a Major with 25 years of service is such court orders), disposable retired under this part. $1,100; $1,000.00 divided by $1,100.00 pay does not include retired pay of a (E) The amount of member’s retired equals .909091. This amount (.909091) member retired for disability under 10 pay under 10 U.S.C. Chapter 61 multiplied by 25% (amount of former U.S.C. Chapter 61. The authorized computed using the percentage of the spouse award) is .2272. This 22.72% deductions are: member’s disability on the date when award is proportionately the same share (i) For divorces, dissolutions of the member was retired (or the date on as the 25% award in the court order marriage, annulments, and legal which the member’s name was placed except it is expressed in terms of the separations that become effective before on the temporary disability retired list). member’s actual rather than February 3, 1991: * * * * * hypothetical retirement pension. (A) Amounts owed to the United (h) * * * (iv) Except for years of service or date States. (13) For divorces, dissolutions of of retirement, as well as hypothetical (B) Amounts required by law to be marriage, annulments, and legal retired pay amounts mentioned in deducted from member’s pay. separations that become effective on or paragraphs (c)(8) (i) and (ii) of this (C) Fines and forfeitures ordered by a after February 3, 1991, payments to a section, in order to be honored without court-martial. former spouse for a division of property the necessity of obtaining a subsequent (D) Amounts waived in order to are excluded in determining a member’s clarifying order from the court, receive compensation under Title 5 or gross wages concerning retired pay. pertinent court orders must contain a 38 of the United States Code. * * * * * Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17509 Dated: March 31, 1995. Quality Strategies and Standards Dated: March 28, 1995. Patricia L. Toppings, Division (MD–15), U.S. Environmental Mary D. Nichols, Alternate OSD Federal Register Liaison Protection Agency, Research Triangle Assistant Administrator for Air and Officer, Department of Defense. Park, NC 27711, telephone (919) 541– Radiation. [FR Doc. 95–8408 Filed 4–5–95; 8:45 am] 5497. Part 58 Notice—David Lutz, [FR Doc. 95–8206 Filed 4–5–95; 8:45 am] BILLING CODE 5000±04±P Emissions Monitoring and Analysis BILLING CODE 6560±50±P Division (MD–14), U.S. Environmental Protection Agency, Research Triangle ENVIRONMENTAL PROTECTION Park, NC 27711, telephone (919) 541– 40 CFR Part 86 AGENCY 5476. The supplemental RIA—Allyson Siwik, Air Quality Strategies and [FRL±5185±1] 40 CFR Parts 51 and 58 Standards Division (MD–15), U.S. RIN 2060±AE27 Environmental Protection Agency, [AD±FRL±5183±2] Research Triangle Park, NC 27711, Revisions to the Federal Test National Ambient Air Quality telephone (919) 541–7775. Procedure for Emissions From Motor Vehicles Standards for Sulfur Oxides (Sulfur SUPPLEMENTARY INFORMATION: On Dioxide)ÐProposal of Part 51 and Part November 15, 1994, at 59 FR 58958, AGENCY: Environmental Protection 58 Implementation Strategies EPA proposed three options for changes Agency (EPA). to the NAAQS for SO2. On March 7, AGENCY: Environmental Protection ACTION: Notice of public hearing. Agency (EPA). 1995, at 60 FR 12492, EPA proposed in the Federal Register the requirements SUMMARY: On April 19 and 20, 1995, the ACTION: Announcement of the public for implementing the alternative hearing and notice of availability. Environmental Protection Agency (EPA) measures and changes in the SO2 will hold a public hearing in Ann Arbor, SUMMARY: The EPA is announcing the ambient air surveillance network. That Michigan, to receive comments from public hearing on the proposal of the document requires that written interested parties on the Proposed implementation options for the national comments on the proposed options for Regulations for Revisions to the Federal ambient air quality standard (NAAQS) changes to parts 51 and 58 to implement Test Procedure for Emissions from changes in the SO2 standard be for sulfur oxides (sulfur dioxide) (SO2) Motor Vehicles, published in the published on March 7, 1995. The EPA submitted to EPA by June 5, 1995. Federal Register on February 7, 1995 is also announcing the availability of a Today’s action announces the (60 FR 7404). supplement to the Regulatory Impact availability of the supplement to the DATES: Comments on the published Analysis (RIA) for the proposed changes RIA for the changes to the SO2 NAAQS proposal (60 FR 7404) will be accepted and the public hearing on the to the NAAQS for SO2. The supplement through May 20, 1995. The public includes additional analysis on the costs implementation plan and ambient air hearing will be held on April 19, 1995, of the section 303 option in the previous quality surveillance network for April from 10:00 a.m. until 5:00 p.m. and on proposal. 13, 1995. April 20, 1995, from 8:00 a.m. until 5:00 DATES: Written comments must be Individuals planning to make oral p.m. received on or before June 5, 1995, and presentations at the hearing should ADDRESSES: Interested parties may a public hearing on the proposed rule notify Laura D. McKelvey at the above submit written comments (in duplicate will be held on May 16, 1995 beginning address at least 7 days prior to the date if possible) to Public Docket No. A–92– at 9:00 a.m. of the hearing. Oral presentations will 64, at: Air Docket Section, U.S. ADDRESSES: Submit written comments be limited to 15 minutes each. Any Environmental Protection Agency, 401 on the proposed action on 40 CFR parts member of the public may file a written M Street SW, Washington, DC 20460. 51 and 58 (duplicate copies preferred) to statement before, during, or within 30 Materials relevant to this notice have the Air and Radiation Docket days after the hearing. Written been placed in Docket No. A–92–64. Information Center (6102), Room M– statements (duplicate copies preferred) The docket is located at the above 1500, U.S. Environmental Protection should be submitted to the appropriate address in Room M–1500, Waterside Agency, Attn: Docket No. A–94–55, 401 docket at the above address. Mall, and may be inspected weekdays M Street SW., Washington, DC 20460. A verbatim transcript of the hearing between 8:30 a.m. and 5:30 p.m. A This docket contains supporting and written statements will be available reasonable fee may be charged by EPA information used in developing the for copying during normal working for copying docket materials. proposed rule, and is located in the Air hours at the Air and Radiation Docket The public hearing will be held at the and Radiation Docket Information Information Center (6102), Room M– Towsley Auditorium, Morris Lawrence Center of the U.S. Environmental 1500, U.S. Environmental Protection Building, Washtenaw Community Protection Agency, South Conference Agency, 401 M Street, SW., Washington, College, 4800 East Huron River Drive, Center, Room M–1500, 401 M Street DC 20460. Ann Arbor, Michigan. This facility can SW., Washington DC 20460. The docket List of Subjects in 40 CFR Part 51 be reached from exit no. 39 on U.S. may be inspected between 8:30 a.m. and Route 23 by going east on Geddes Rd., 3:30 p.m. on weekdays. A reasonable fee Air pollution control, Carbon then south on Dixboro Rd., then east on may be charged for copying. monoxide, Lead, Nitrogen dioxide, Huron River Drive. A map is available The public hearing will be held at the Ozone, Particulate matter, Sulfur oxides. by mail or fax by calling the EPA at U.S. Environmental Protection Agency’s (313) 668–4384. List of Subjects in 40 CFR Part 58 Environmental Research Center FOR FURTHER INFORMATION CONTACT: Jim Auditorium, 86 T.W. Alexander Drive, Administrative practice and Markey, Certification Division, U.S. Research Triangle Park, NC 27711. procedure, Air pollution control, Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: Part Reporting and recordkeeping National Vehicle and Fuel Emissions 51 Notice—Laura D. McKelvey, Air requirements. Laboratory, 2565 Plymouth Road, Ann 17510 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules Arbor, Michigan, 48105. Telephone procedures set forth in 40 CFR Part 2. 40 CFR Part 761 (313) 668–4534. Fax (313) 741–7869. If no claim of confidentiality [OPPTS±66009B; FRL±4948±1] SUPPLEMENTARY INFORMATION: accompanies the submission when it is received by EPA, the submission may be RIN 2070±AC01 I. Background made available to the public without On February 7, 1995, EPA published notifying the commenters. Disposal of Polychlorinated Biphenyls a Notice of Proposed Rulemaking (PCBs); Extension of Comment Period and Notice of Informal Hearing (NPRM) in the Federal Register that B. Public Hearing proposed additions and revisions to the AGENCY: Environmental Protection tailpipe emissions portions of the Anyone wishing to present testimony Agency (EPA). Federal Test Procedure (FTP) for light- about this proposal at the public hearing ACTION: Extension of comment period duty vehicles and light-duty trucks (60 (see DATES) should, if possible, notify and rescheduling of informal hearing. FR 7404). Interested parties should the contact person (see FOR FURTHER consult that notice and/or the public INFORMATION CONTACT) at least seven SUMMARY: EPA is extending the docket for a detailed description and days prior to the day of the hearing. The comment period for a proposed rule to background of the proposal. The contact person should be given an amend its rules under the Toxic primary element of that NPRM was a estimate of the time required for the Substances Control Act (TSCA) for Supplemental Federal Test Procedure presentation of testimony and polychlorinated biphenyls (PCBs), (SFTP) designed to address notification of any need for audio/visual which was published in the Federal shortcomings with the current FTP in equipment. A sign-up sheet will be Register on December 6, 1994 [59 FR the representation of aggressive driving 62788]. As a result of this extension, behavior (high speed and/or high available at the registration table the morning of the hearing for scheduling EPA is also rescheduling the public acceleration), rapid speed fluctuations, hearing for this same rule. driving behavior following startup, air those who have not notified the contact conditioning, and intermediate-duration earlier. This testimony will be DATES: Written comments must be periods where the engine is turned off. scheduled on a first-come, first-served received or postmarked by May 5, 1995. An element of the proposed SFTP that basis, and will follow the testimony that The informal public hearing will take also would affect the conventional FTP is arranged in advance. place on Tuesday, June 6, 1995, from 9:00 a.m. to 5:00 p.m. If necessary, the is a new set of requirements designed to The Agency recommends that hearing will be extended to 9:30 p.m., more accurately reflect real road forces multiple copies of the statement or and it may also be continued the on the test dynamometer. The Agency material to be presented be brought to also proposed emission standards for following day, Wednesday, June 7, the hearing for distribution to EPA and 1995, beginning at 9:00 a.m. Written the new control areas with a specified members of the audience. In addition, phase-in period for these standards. requests to participate in the hearing EPA would find it helpful to receive an must be received or postmarked by May II. Public Participation advance copy of any statement or 15, 1995. material to be presented at the hearing A. Comments and the Public Docket ADDRESSES: All comments should be at least one week before the scheduled The Agency welcomes comments on identified with the document control hearing date. This is to give EPA staff number (OPPTS–66009A), and all aspects of this proposed rulemaking. adequate time to review such material All comments, with the exception of submitted in triplicate to TSCA Docket before the hearing. Such advance copies Receipt (7407), Office of Pollution proprietary information, should be should be submitted to the contact directed to the EPA Air Docket Section, Prevention and Toxics, Environmental person listed in this notice. Protection Agency, Rm. E–G99, 401 M Docket No. A–92–64 (see ADDRESSES). Commenters who wish to submit The official records of the hearing will St., SW., Washington, DC 20460. The proprietary information for be kept open for 30 days following the hearing will be held at the Sheraton consideration should clearly separate hearing to allow submissions of rebuttal Crystal City Hotel, 1800 Jefferson Davis such information from other comments and supplementary testimony. All such Highway, Arlington, Virginia 22202, by: submittals should be directed to the Air telephone (703) 486–1111. Requests to participate in the informal public • Labeling proprietary information Docket, Docket No. A–92–64 (see hearing should be sent to: Record and ‘‘Confidential Business Information’’ ADDRESSES). and Hearing Clerk, Operations Branch, Mail • Sending proprietary information The hearing will be conducted Code 7404, Environmental Protection directly to the contact person listed (see informally, and technical rules of Agency, 401 M St., SW., Washington, FOR FURTHER INFORMATION CONTACT) and evidence will not apply. Written DC 20460. See SUPPLEMENTARY not to the public docket. This will help transcripts of the hearing will be made INFORMATION for the type of information ensure that proprietary information is and a copy thereof placed in the public that must be included in the request and not inadvertently placed in the docket. docket. Anyone desiring to purchase a who may participate. Requests for a If a commenter wants EPA to use a copy of the transcript should make waiver to participate in the informal submission labeled as confidential individual arrangements with the court hearing by those organizations that did business information as part of the basis reporter recording the proceeding. not file main comments must be sent to for the final rule, then a non- the Record and Hearing Clerk. confidential version of the document, Dated: March 29, 1995. FOR FURTHER INFORMATION CONTACT: which summarizes the key data or Mary D. Nichols, James Willis, Acting Director, information, should be sent to the Assistant Administrator for Air and Environmental Assistance Division docket. Radiation. (7408), Office of Pollution Prevention Information covered by a claim of and Toxics, Rm. E–543B, Environmental confidentiality will be disclosed by EPA [FR Doc. 95–8503 Filed 4–5–95; 8:45 am] Protection Agency, 401 M St., SW., only to the extent allowed and by the BILLING CODE 6560±50±P Washington, DC 20460, Telephone: Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17511 (202) 554–1404, TDD: (202) 554–0551, (4) if the request comes from an amendment are available from, Mr. FAX: (202) 554–5603 (document organization, a nonbinding list of the Steven M. Atran, Gulf of Mexico Fishery requests only). persons to take part in the presentation. Management Council, 5401 West SUPPLEMENTARY INFORMATION: On Due to the expected number of speakers, Kennedy Boulevard, Suite 331, Tampa, December 6, 1994, EPA’s Office of comments must be limited to 15 FL 33609 (FAX: 813–225–7015). Public Pollution Prevention and Toxics minutes. An organization that has not hearings will be held in Florida, Texas, published a proposed rule [59 FR filed main comments on the rulemaking Alabama, Mississippi, and Louisiana. 62788] to amend its rules under TSCA will not be allowed to participate in the See SUPPLEMENTARY INFORMATION for for PCBs. Changes proposed by EPA hearing, unless a waiver of this locations of the hearings. would affect the disposal, marking, requirement is granted by the Record FOR FURTHER INFORMATION CONTACT: storage, use, reporting and and Hearing Clerk (see ADDRESSES Steven M. Atran, Population Dynamics recordkeeping requirements for PCBs. above) or the organization is appearing Statistician, Gulf of Mexico Fishery Written comments on the proposed rule at the request of EPA or under subpoena Management Council, 813–228–2815. (40 CFR 750.6(a)). The complete were to be received on or before April SUPPLEMENTARY INFORMATION: Issues that procedures for this informal hearing are 6, 1995. EPA received a request seeking will be addressed in Draft Amendment identified in 40 CFR part 750, subpart a 30–day extension of the public 11 include: Proposed modifications of A, and are summarized in the March 10, comment period because the length and the FMP regulatory framework 1995 [60 FR 13095] hearing notice. complexity of the proposal required procedure for the annual specification additional time to develop comments. List of Subjects in 40 CFR Part 761 of total allowable catch (including EPA believes that providing an Environmental protection, Hazardous changes in procedures), the definition of additional 30 days to prepare written substances, Labeling, Polychlorinated optimum yield, and the criteria for comments is reasonable, and is granting biphenyls, Reporting and recordkeeping specifying the length of a stock recovery the request. Written comments must requirements. program for overfished reef fish species; now be received by EPA or postmarked permitting issues (including dealer and Dated: March 31, 1995. on or before May 5, 1995. EPA is vessel permit conditions), transferability requesting comment on the proposed Joseph S. Carra, provisions, implementation of a new rule only to the extent that it would Direction, Office of Pollution Prevention and vessel permit moratorium for the amend or change existing regulations. Toxics. fishery, and permits for charter vessels EPA is not soliciting comment on and headboats; allowing hook-and-line [FR Doc. 95–8501 Filed 4–5–95; 8:45 am] provisions of existing regulations that harvest of reef fish by shrimp vessels; would not be changed by this proposal. BILLING CODE 6560±50±F issues related to enforceability of reef Unit V of the preamble to the proposed fish regulations; changes to amberjack rule [59 FR 62788] explains how size and bag limits and a commercial commenters may make claims of DEPARTMENT OF COMMERCE seasonal closure; changes to gag/black business confidentiality for information National Oceanic and Atmospheric grouper and red snapper size limits; and included in comments. In the March 10, Administration an aggregate bag limit for reef fish. 1995, Federal Register [60 FR 13095] The hearings are scheduled from 7 EPA announced that an informal public 50 CFR Part 641 p.m. to 10 p.m. as follows: hearing on the proposed rule would be 1. Monday, April 17, 1995—NMFS held on May 2 and 3, 1995. As a result [I.D. 032295C] Panama City Laboratory, Conference of the extension of the written comment Reef Fish Fishery of the Gulf of Room, 3500 Delwood Beach Road, period, EPA must reschedule this Mexico; Public Hearings on Draft Panama City, FL 32408; hearing. Provisions at 40 CFR part 750 Amendment 11 2. Monday, April 17, 1995—Holiday require the informal hearing for main Inn Beachside, 3841 North Roosevelt comments to be held at least 2 weeks AGENCY: National Marine Fisheries Boulevard, Key West, FL 33040; after the close of the written comment Service (NMFS), National Oceanic and 3. Tuesday, April 18, 1995—Our Lady period. Accordingly, EPA has Atmospheric Administration (NOAA), Star of the Sea, Parish Hall, 705 rescheduled the hearing for June 6 and Commerce. Longoria, Port Isabel, TX 78578; 7, 1995. ACTION: Public hearings; request for 4. Tuesday, April 18, 1995—Orange Each person or organization desiring comments. Beach Community Center, 27301 Canal to participate in the informal hearing Road, Orange Beach, AL 36561; shall file a written request to participate SUMMARY: The Gulf of Mexico Fishery 5. Tuesday, April 18, 1995—Ramada with the Record and Hearing Clerk (see Management Council (Council) will Airport Hotel, 5303 West Kennedy ADDRESSES above). The request shall be convene 10 public hearings on Draft Boulevard, Tampa, FL 33609; received on or before May 15, 1995. Amendment 11 to the Fishery 6. Wednesday, April 19, 1995— Persons or organizations that have Management Plan for the Reef Fish University of Texas, Visitor’s Center already submitted requests to Resources of the Gulf of Mexico (FMP). Auditorium, 750 Channel View Drive, participate in response to the March 10 Draft Amendment 11 will address a Port Aransas, TX 78373; notice are assumed by EPA to want to variety of reef fish management 7. Wednesday, April 19, 1995—J. L. participate at the rescheduled hearing, measures. Scott Marine Education Center & and they need not resubmit their DATES: Written comments on Draft Auditorium, 115 East Beach Boulevard requests. Amendment 11 will be accepted until (U.S. Highway 90), Biloxi, MS 39530; The request shall include: (1) A brief May 3, 1995. Public hearings will be 8. Thursday, April 20, 1995—Holiday statement of the interest of the person or held in April. See SUPPLEMENTARY Inn on the Beach, 5002 Seawall organization in the proceeding; (2) a INFORMATION for specific dates and times Boulevard, Galveston, TX 77551; brief outline of the points to be of the hearings. 9. Monday, April 24, 1995—Venice addressed; (3) an estimate of the time ADDRESSES: Written comments should Fire House, Highway 23, Venice, LA required (not to exceed 15 minutes); and be sent to, and copies of the draft 70091; and 17512 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 10. Tuesday, April 25, 1995—Larose SUMMARY: The North Pacific Fishery requires that each Regional Fishery Regional Park, Versailles Room, 2001 Management Council (Council) has Management Council submit any FMP East 5th Street, Larose, LA 70373. submitted Amendment 35 to the Fishery or amendment it prepares to NMFS for These meetings are physically Management Plan (FMP) for the review and approval, disapproval, or accessible to people with disabilities. Groundfish Fishery of the Bering Sea partial disapproval. The Magnuson Act Requests for sign language and Aleutian Islands Area for also requires that NMFS, upon receiving interpretation or other auxiliary aids Secretarial review and is requesting an FMP or amendment, immediately should be directed to Julie Krebs (see comments from the public. Copies of the publish a document that the FMP or ADDRESSES) by April 10, 1995. amendment may be obtained from the amendment is available for public Council (see ADDRESSES). review and comment. NMFS will Dated: March 31, 1995. DATES: Comments on the FMP consider the public comments received David S. Crestin, amendment should be submitted on or during the comment period in Acting Director, Office of Fisheries before May 30, 1995. determining whether to approve the Conservation and Management, National FMP or amendment. Marine Fisheries Service. ADDRESSES: Comments on the FMP amendment should be submitted to [FR Doc. 95–8396 Filed 4–5–95; 8:45 am] If approved, Amendment 35 would Ronald J. Berg, Chief, Fisheries BILLING CODE 3510±22±F establish an area closed to fishing with Management Division, Alaska Region, trawl gear from August 1 through NMFS, P.O. Box 21668, Juneau, AK August 31, and after August 31, upon 50 CFR Part 675 99802 Attn: Lori Gravel, or delivered to attainment of a 42,000 nonchinook the Federal Building, 709 West 9th salmon limit, through October 14. This Street, Juneau, AK. Copies of [I.D. 033095A] area, the Chum Salmon Savings Area, is Amendment 35 and the environmental in the Bristol Bay area of the Bering Sea. assessment/regulatory impact review/ Groundfish of the Bering Sea and It is intended to reduce nonchinook initial regulatory flexibility analysis Aleutian Island Area; Chum Salmon (chum) salmon bycatch in the Bering prepared for the amendment are Savings Area Sea nonroe pollock fishery. available from the North Pacific Fishery Authority: 16 U.S.C. 1801 et seq. AGENCY: National Marine Fisheries Management Council, P.O. Box 103136, Service (NMFS), National Oceanic and Anchorage, AK 99510; telephone, 907– Dated: March 31, 1995. Atmospheric Administration (NOAA), 271–2809. David S. Crestin, Commerce. FOR FURTHER INFORMATION CONTACT: Kaja Acting Director, Office of Fisheries Brix, 907–586–7228. Conservation and Management, National ACTION: Notice of availability of an SUPPLEMENTARY INFORMATION: The Marine Fisheries Service. amendment to a fishery management Magnuson Fishery Conservation and [FR Doc. 95–8391 Filed 3–31–95; 4:09 pm] plan; request for comments. Management Act (Magnuson Act) BILLING CODE 3510±22±F 17513 Notices Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 This section of the FEDERAL REGISTER Debra Utting (703) 305–2998 Regina Claiborne, (202) 720–9507. contains documents other than rules or • Rural Economic & Community Larry K. Roberson, proposed rules that are applicable to the Deputy Departmental Clearance Officer. public. Notices of hearings and investigations, Development committee meetings, agency decisions and 7 CFR 1945–A, Disaster Assistance [FR Doc. 95–8423 Filed 4–5–95; 8:45 am] rulings, delegations of authority, filing of (General) BILLING CODE 3410±01±M petitions and applications and agency Business or other for-profit; Farms; statements of organization and functions are State, Local, or Tribal Government; examples of documents appearing in this 1,000 responses; 783 hours Agricultural Marketing Service section. Jack Holston, (202) 720–9736 [No. LS±95±005] Extension DEPARTMENT OF AGRICULTURE • Notice of Upcoming Soybean Producer Animal & Plant Health Inspection Poll Forms Under Review by Office of Service Management and Budget Domestic Quarantines AGENCY: Agricultural Marketing Service, PPQ Forms 527, 530, 537, 540, 543, 586 USDA. March 31, 1995. Individuals or households; Business or ACTION: Notice. The Department of Agriculture has other for-profit; Farms; Federal submitted to OMB for review the Government; State, Local or Tribal SUMMARY: The Agricultural Marketing following proposal for the collection of Government; 1,005,331 responses; Service (AMS) is announcing a producer information under the provisions of the 98,910 hours poll to be held on July 26, 1995, to Paperwork Reduction Act (44 U.S.C. Sid Cousins, (301) 734–8247 determine if soybean producers support Chapter 35) since the last list was the conducting of a refund referendum • published. This list is grouped into new Rural Economic & Community on whether refunds should continue proposals, revisions, extension, or Development under the Soybean Promotion, Research, reinstatements. Each entry contains the 7 CFR 1940–G, Environmental Program and Consumer Information Program. following information: FmHA 1940–20 FOR FURTHER INFORMATION CONTACT: (1) Agency proposing the information Individuals or households; Business or Ralph L. Tapp, Chief; Marketing collection; (2) Title the information other for-profit; Not-for-profit Programs Branch; Livestock and Seed collection; (3) Form number(s), if institutions; Farms; State, Local or Division; AMS, USDA, Room 2624–S; applicable; (4) Who will be required or Tribal Government; 5,380 responses; P.O. Box 96456; Washington, D.C. asked to report; (5) An estimate of the 57,120 hours 20090–6456. Telephone number 202/ number of responses; (6) An estimate of Jack Holston, (202) 720–9736 720–1115. the total number of hours needed to • provide the information; (7) Name and Rural Economic & Community SUPPLEMENTARY INFORMATION: Pursuant telephone number of the agency contact Development to the Soybean Promotion, Research, person. 7 CFR 1980–G, Nonprofit National and Consumer Information Act (Act) (7 Questions about the items in the Corporations Loan and Grant Program U.S.C. 6301 et. seq.), the U.S. listing should be directed to the agency FmHA 1980–60–61, and 63 Department of Agriculture is conducting person named at the end of each entry. Business or other for-profit; Non-for- the required producer poll on July 26, Copies of the proposed forms and profit institutions; State, Local or 1995. supporting documents may be obtained Tribal Government; 354 responses; Both registration and signing of the from: Department Clearance Officer, 487 hours poll to request a refund referendum will USDA, OIRM, Room 404–W Admin. Jack Holston, (202) 720–9736 be held on July 26, 1995, at Bldg., Washington, D.C. 20250, (202) Consolidated Farm Service Agency 690–2118. New Collection (CFSA) (formerly the Agricultural • Office of Communications Stabilization and Conservation Service Revision (ASCS)) county offices. Team USDA AmeriCorps National • Absentee forms may be requested by Consolidated Farm Service Agency Service Participant Application Supplemental Qualifications Statement mail or in person from June 19 through AD–1099 FAS–1010 July 14, 1995, from county CFSA offices Individuals or households; 252 Individuals or households; 4,000 located in or serving the county where responses; 1,008 hours responses; 2,000 hours the producer resides. Completed forms Patricia A. Carter, (202) 720–5267 Ronald N. De Munbrun, (202) 690–3894 must be postmarked or returned in • Food and Consumer Service Reinstatement person no later than July 14, 1995. WIC Farmer’s Market Nutrition Program Producers who certify that they • (FMNP) Annual Financial Report, Rural Utilities Service produced soybeans between September FMNP Recipient Report, and FMNP Report of Compliance and Participation 1, 1991, and June 1, 1995, are eligible Regulation RUS Form 268 to request a refund referendum by FNS–683 (Financial Report), FNS–203 Individual or households; Business or participating in the producer poll. Only (Recipient Report) State, Local or other for-profit; Not-for-profit those producers who want to request Tribal Government; 1,126 responses; institutions; 3,680 responses; 1,233 that a refund referendum be held are 5,952 hours hours asked to participate. 17514 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices The purpose of the poll is to recreational machine video monitor Office of the Executive Secretary, determine whether eligible producers manufacturing plant of C. Ceronix, Inc. Foreign-Trade Zones Board, U.S. favor the conducting of a refund (Ceronix), in Auburn, California Department of Commerce, Room referendum on the continuance of (Sacramento Customs port of entry 3716, 14th & Pennsylvania Avenue, payments of refunds under the Soybean area). The application was submitted NW., Washington, DC 20230. Promotion and Research Order. If at pursuant to the provisions of the Dated: March 30, 1995. least 20 percent (not in excess of one- Foreign-Trade Zones Act, as amended John J. Da Ponte, Jr., fifth of which may be producers in any (19 U.S.C. 81a–81u), and the regulations Executive Secretary. one State) of the 381,000 producers of the Board (15 CFR part 400). It was nationwide participate in the poll, a formally filed on March 28, 1995. [FR Doc. 95–8512 Filed 4–5–95; 8:45 am] refund referendum will be held within The Ceronix plant (45,000 sq. ft. on BILLING CODE 3510±DS±P 1 year from that determination. Refunds 3.6 acres) is located at 12265 Locksley would continue until the referendum is Lane, Auburn, California, some 35 miles International Trade Administration held. If results of the poll indicate that east of Sacramento. The facility (46 a referendum is not supported, refunds employees) is used to manufacture hi- [A±570±838] would be discontinued upon that resolution (VGA) video monitors for determination. electronic gaming and recreational Notice of Postponement of Final In accordance with the Paperwork machines (e.g., bowling tallies, lottery, Determination of Sales at Less Than Reduction Act of 1980, the information poker). Foreign-sourced components Fair Value: Honey From the People's collection requirements made in (approx. 60% of product value) include Republic of China (PRC) connection with the producer poll have printed circuit boards, transformers, been approved by the Office of capacitors, resistors, semiconductor AGENCY: Import Administration, Management and Budget (OMB) and devices, integrated circuits, certain International Trade Administration, assigned OMB control number 0581– cathode ray tubes, conductors, fasteners Department of Commerce. 0093. and miscellaneous items for gaming/ EFFECTIVE DATE: April 6, 1995. Authority: 7 U.S.C. 6301–6311. recreational machines. The cathode ray FOR FURTHER INFORMATION CONTACT: Dated: March 31, 1995. tubes are limited to those classified David J. Goldberger or Karla Whalen, Lon Hatamiya, under HTS 8540.30 (duty rate—5.4%). Office of Antidumping Investigations, The finished products are classified Import Administration, U.S. Department Administrator. under HTS headings for gaming/ of Commerce, 14th Street and [FR Doc. 95–8427 Filed 4–5–95; 8:45 am] recreational machines (HTS 9504—duty Constitution Avenue NW., Washington, BILLING CODE 3410±02±P free) or data processing machines (HTS D.C. 20230; telephone (202) 482–4136 or 8471—duty rates: 0–4.4%). Some 30 (202) 482–6309, respectively. percent of the finished products are POSTPONEMENT OF FINAL DETERMINATION: DEPARTMENT OF COMMERCE exported. The China Chamber of Commerce for Zone procedures will exempt Ceronix Bureau of Export Administration Foodstuffs, Native Produce and Animal from Customs duty payment on By-products Importers and Exporters Action Affecting Export Privileges; materials used for its export production. (the Chamber), and 28 individual Joseph Jeno Nandory On its domestic sales, the company Chinese exporters, respondents in this would be able to choose the duty rate proceeding, represent a significant In the Federal Register of Thursday, applicable to finished products (0– proportion of exports of honey from the March 23, 1995, the Bureau of Export 4.4%) rather than the rates otherwise PRC to the United States. On March 17, Administration published an Order at applicable to components (duty rates: 0– 1995, the Chamber and the 28 15285. This notice is being published to 9.8%). The application indicates that individual Chinese exporters requested provide the address of the respondent in zone savings will help improve the that the Department postpone the final that order. The address is as follows: plant’s international competitiveness. determination until not later than 135 Joseph Jeno Nandory, 5178 Ganado In accordance with the Board’s days after the date of publication of the Drive, Las Vegas, Nevada 89103. regulations, a member of the FTZ Staff preliminary determination in Dated: March 30, 1995. has been designated examiner to accordance with section 735(a)(2) of the John Despres, investigate the application and report to Tariff Act of 1930, as amended (the Act). Assistant Secretary of Export Enforcement. the Board. Pursuant to 19 CFR 353.20(b), if Public comment is invited from [FR Doc. 95–8487 Filed 4–5–95; 8:45 am] exporters who account for a significant interested parties. Submissions (original proportion of exports of the BILLING CODE 3510±DT±M and 3 copies) shall be addressed to the merchandise under investigation Board’s Executive Secretary at the request an extension subsequent to an Foreign-Trade Zones Board address below. The closing period for affirmative preliminary determination, their receipt is June 6, 1995. Rebuttal we are required, absent compelling [Docket 10±95] comments in response to material reasons to the contrary, to grant the submitted during the foregoing period request. Such is the case with the Foreign-Trade Zone 143, Sacramento, may be submitted during the subsequent CA; Application for Subzone Status C. respondents in this investigation. 15-day period (to June 20, 1995). Accordingly, we are postponing our Ceronix, Inc. (Video Monitors), Auburn, A copy of the application and CA final determination as to whether sales accompanying exhibits will be available of honey from the PRC have been made An application has been submitted to for public inspection at each of the at less than fair value until not later the Foreign-Trade Zones Board (the following locations: than August 2, 1995. Board) by the Port of Sacramento, U.S. Customs Service, Enforcement This notice is published pursuant to grantee of FTZ 143, requesting special- Office, P.O. Box 214666, Sacramento, section 735(d) of the Act and 19 CFR purpose subzone status at the gaming/ CA 95821 353.20(b)(2). Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17515 Dated: March 30, 1995. term market price, the Department price is above the $12.00/lb. minimum Susan G. Esserman, utilized the weighted average long-term expressed in Appendix A of the Assistant Secretary for Import price as determined by the Department amended Kazakhstani agreement, Administration. on the basis of information provided by Kazakhstan receives a quota of 500,000 [FR Doc. 95–8509 Filed 4–5–95; 8:45 am] market participants and a simple lbs. for the period April 1, 1995 to BILLING CODE 3510±DS±P average of the UPIS Base Price for the September 30, 1995. months in which there were new Comments contracts reported. [A±100±002] Our letters to market participants Consistent with the Department’s provided a contract summary sheet and letters of interpretation dated February Notice of Price Determination, Uranium directions requesting the submitter to 22, 1993, we provided interested parties from Kazakhstan, Kyrgyzstan, and report his/her best estimate of the future our preliminary price determination on Uzbekistan price of merchandise to be delivered in March 10, 1994. We received no AGENCY: International Trade accordance with the contract delivery comments. Administration, Import Administration, schedules (in U.S. dollars per pound We have determined that the observed Commerce. U3O8 equivalent). Using the information market price for uranium is $12.06/lb. The Department invites parties to ACTION: Notice. reported in the proprietary summary sheets, the Department calculated the provide pricing information for use in SUMMARY: Pursuant to section IV.C.1. of present value of the prices reported for the next price determination. Any such the antidumping suspension agreements any future deliveries assuming an information should be provided for the on uranium from Kazakhstan, annual inflation rate of 2.65 percent, record and should be submitted to the Kyrgyzstan, and Uzbekistan, the which was derived from a rolling Department by September 5, 1995. Department calculated a price for average of the annual GNP Implicit Dated: March 30, 1995. uranium of $12.06/lb. On the basis of Price Deflator index from the past four Paul L. Joffe, years. The Department used the base this price, the export quota for uranium Deputy Assistant Secretary for Import pursuant to Section IV.A. of the Uzbek quantities reported on the summary Administration. sheet for the purpose of weight- and Kyrgyz agreements is zero. The [FR Doc. 95–8510 Filed 4–5–95; 8:45 am] averaging the prices of the long-term export quota for uranium pursuant to BILLING CODE 3510±DS±M Section IV.A. of the Kazakhstani contracts submitted by market agreement, as amended on March 27, participants. We then calculated a 1995, is 500,000 lbs. for the period April simple average of the UPIS Base Price [C±557±806] 1, through September 30, 1995. Exports and the longer-term price determined by pursuant to other provisions of the the Department. Extruded Rubber Thread From Malaysia; Final Results of agreements are not affected by this Weighting price. Countervailing Duty Administrative The Department used the average spot Review EFFECTIVE DATE: April 1, 1995. and long-term volumes of U.S. utility FOR FURTHER INFORMATION CONTACT: and domestic supplier purchases, as AGENCY: Import Administration, Maureen Price or Beth Chalecki, Office reported by the Energy Information International Trade Administration, of Agreements Compliance, Import Administration (EIA), to weight the spot Department of Commerce. Administration, International Trade and long-term components of the ACTION: Notice of final results of Administration, U.S. Department of observed price. In this instance, we have countervailing duty administrative Commerce, 14th Street & Constitution used purchase data from the period review. Avenue NW., Washington, DC 20230; 1989–1992, as in the previous SUMMARY: On September 8, 1994, the telephone: (202) 482–0159 or (202) 482– determination. During this period, the 2312, respectively. Department of Commerce (the spot market accounted for 31.39 percent Department) published the preliminary PRICE CALCULATION: of total purchases, and the long-term results of its administrative review of market for 68.61 percent. We were not Background the countervailing duty order on able to include data from the 1993 EIA extruded rubber thread from Malaysia. Section IV.C.1. of each agreement Uranium Industry Annual because it has We have now completed this review specifies that the Department of been withheld due to its proprietary and determine the bounty or grant Commerce (DOC) will issue its observed nature. during the period January 1, 1992 market price on April 1, 1995, and use Calculation Announcement through December 31, 1992 to be 3.30 it to determine the quota applicable to percent ad valorem for all companies. exports from the various republics The Department determined, using EFFECTIVE DATE: April 6, 1995. during the period April 1, 1995 to the methodology and information September 30, 1995. described above, that the observed FOR FURTHER INFORMATION CONTACT: market price is $12.06. This reflects an Lorenza Olivas or Chris Jimenez, Office Calculation Summary average spot market price of $9.57, of Countervailing Compliance, Import Section IV.C.1. of each agreement weighted at 31.39 percent, and an Administration, International Trade specifies how the components of the average long-term contract price of Administration, U.S. Department of market price are reached. In order to $13.19, weighted at 68.61 percent. Since Commerce, 14th Street and Constitution determine the spot market price, the this price is below the $13.00/lb. Avenue NW., Washington, D.C. 20230; Department utilized the monthly minimum expressed in Appendix A of telephone: (202) 482–2786. average of the Uranium Price the Uzbek and Kyrgyz agreements, there SUPPLEMENTARY INFORMATION: Information System Spot Price Indicator will be no quota under Section IV.A. of (UPIS SPI) and the weekly average of the agreements available to these Background the Uranium Exchange Spot Price (Ux republics for the period April 1, 1995 to On September 8, 1994, the Spot). In order to determine the long- September 30, 1995. However, since this Department published in the Federal 17516 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Register (59 FR 46392) the preliminary Department determines the total bounty 303(a)(2) of the Act, and, therefore, the results of its administrative review of or grant from all programs under review Department can impose countervailing the countervailing duty order on to be 3.30 percent ad valorem for all duties under this section only if there is extruded rubber thread from Malaysia companies. an injury determination by the (57 FR 38472; August 25, 1992). The International Trade Commission (ITC). Scope of Review Department has now completed this (The ITC discontinued its injury review in accordance with section 751 Imports covered by this review are determination under Section 303(a)(2) of the Tariff Act of 1930, as amended shipments of extruded rubber thread because the duty-free status of rubber (the Act). from Malaysia. Extruded rubber thread thread from Malaysia was terminated.) We invited interested parties to is defined as vulcanized rubber thread The GOM contends that without an comment on the preliminary results. We obtained by extrusion of stable or injury determination, the Department received written comments from the concentrated natural rubber latex of any had no authority to issue a Government of Malaysia (GOM), cross sectional shape, measuring from countervailing duty order and to require respondent, and North American 0.18 mm, which is 0.007 inch or 140 the bonds or cash deposits. The GOM Rubber Thread, petitioner. gauge, to 1.42 mm, which is 0.056 inch further maintains that the Department The period of review is January 1, or 18 gauge, in diameter. During the cannot simply transfer the jurisdiction 1992 through December 31, 1992 and review period, such merchandise was for an investigation from Section affects entries made on or after March classifiable under item number 303(a)(2) to Section 303(a)(1) without 31, 1992 and before April 28, 1992, and 4007.00.00 of the Harmonized Tariff issuing a public notice that it intends to all entries made on or after August 25, Schedule (HTS). The HTS item number proceed with the investigation under a 1992 through December 31, 1992. For an is provided for convenience and different statutory provision. See, explanation of entries covered, see the Customs purposes. The written Certain Textile Mill Products and ‘‘Final Results of Review’’ section of this description remains dispositive. Apparel from Turkey (50 FR 9817; notice. Calculation of Country-Wide Rate March 12, 1987); Certain Textile Mill This review involves four companies: Products and Apparel from the Heveafil Sdn. Bhd. (Heveafil), Filmax We calculated the bounty or grant on Philippines (50 FR 1195; March 26, Sdn. Bhd. (Filmax), Rubberflex Sdn. a country-wide basis by first calculating 1985) and Certain Textile Mill Products Bhd. (Rubberflex), and Filati Lastex the bounty or grant for each company and Apparel from Indonesia (50 FR Elastofibre Sdn. Bhd. (Filati). The subject to the administrative review. We 9861; March 12, 1985). Furthermore, review covers the following programs: then weight-averaged the bounty or because there was no initiation notice or (1) Pioneer Status. grant received by each company using a preliminary determination under (2) Export Credit Refinancing (ECR). as the weight its share of total Malaysian section 303(a)(1), a final determination (3) Abatement of Income Tax Based extruded rubber thread exports to the under that section was not appropriate. on the Ratio of Export Sales to Total United States, including all companies, If Commerce wanted to proceed with Sales. even those with de minimis or zero the investigation, it was required to re- (4) Abatement of Five Percent of the bounties or grants. We then summed the initiate under the appropriate provision. Value of Indigenous Malaysian individual companies’ weight-averaged Petitioner argues that the Department Materials Used in Exports. bounties or grants to determine the has previously rejected the GOM’s (5) Industrial Building Allowance. bounty or grant from all programs claims and, therefore, they merit no (6) Double Deduction for Export benefitting extruded rubber thread more consideration. Promotion Expenses. exports to the United States. Since the Department’s Position: The GOM’s (7) Rubber Discount Scheme. country-wide rate calculated using this challenge to the Department’s authority (8) Investment Tax Allowance. methodology was above de minimis, as to issue the order is untimely. (9) Abatement of Five Percent of defined by 19 CFR 355.7 (1994), we Challenges to the issuance of an order Taxable Income Due to Location in a proceeded to the next step and must be filed within 30 days of the date Promoted Industrial Area. examined the total bounty or grant the order is published. The (10) Allowance of a Percentage of Net calculated for each company to countervailing duty order on extruded Taxable Income Based on the F.O.B. determine whether individual company rubber thread from Malaysia was Value of Export Sales. bounty or grant differed significantly published on August 25, 1992. The (11) Double Deduction of Export from the weighted-average country-wide GOM voluntarily withdrew a timely- Credit Insurance Payments. rate, pursuant to 19 CFR 355.22(d)(3). In filed complaint challenging the order on (12) Abatement of Taxable Income of calculating the individual company these same grounds. The GOM’s attempt Five Percent of Adjusted Income of rates described above, only one rate was to reverse that challenge in this Companies Due to Capital Participation calculated for Heveafil and Filmax proceeding is untimely. and Employment Policy Adherence. because Heveafil and Filmax were Comment 2: The GOM contends that (13) Preferential Financing for related parties. the Department overstated the benefit Bumiputras. None of the companies received received under the ECR program in its After consideration of the GOM’s aggregate bounties or grants which were administrative review. The GOM argues comments on the preliminary results of significantly different within the that the Department must use the ‘‘cost review, the Department has recalculated meaning of 19 CFR 355.22(d)(3)(i). of funds’’ to the government as the the cash deposit to account for the Therefore, the country-wide rate is benchmark as required by item ‘‘k’’ of elimination of the Abatement of Five based on the weighted-average aggregate the Illustrative List of Export Subsidies Percent of the Value of Indigenous bounties or grants received by the annexed to the Subsidies Code, and the Malaysian Materials Used in Exports companies subject to this review. appropriate ‘‘cost of funds’’ is the 90- Program. In addition, the Department day rate for government bonds. The recalculated the post-shipment Analysis of Comments GOM asserts that if the Department financing benefits to account for its Comment 1: The GOM alleges that the instead uses the cost to the recipient as inadvertent omission of certain Department initiated the original a benchmark, it should continue its past transactions. Accordingly, the investigation pursuant to Section practice and use the bankers’ Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17517 acceptances (BA) rates because they are Quarterly Bulletin, plus an average 1.5 claims that, in a similar situation in the identical to ECR financing in terms of percent spread, as a benchmark, in Brazilian Crankshafts Suspension risk, maturity and purpose. The GOM accordance with section 355.44(b)(3)(i) Agreement, the Department concluded further contends that the Department of the Department’s Proposed Rules. that no subsidy from the CACEX short- should interpret the ‘‘predominant’’ Comment 3: The GOM argues that term financing was provided on exports form of financing as the most both Heveafil and Filmax specifically to the United States because exporters comparable form of financing. It asserts excluded U.S. exports from the agreed not to use that portion of any that it makes no sense to compare trade calculation of eligibility for the pre- outstanding CACEX pre-shipment loans financing to other financing such as shipment export financing. In addition, certificates which were based on short-term loans and overdrafts. the GOM claims that the two companies merchandise exported to the United Furthermore, if the Department uses the did not use funds from exports to the States. In fact, in the final determination weighted-average of commercial rates, it United States to repay any of the pre- of Brazilian Crankshafts, the should account for the differences in the shipment loans. The GOM claims that in Department found the CACEX export terms of financing. a similar situation, the Department financing program to be countervailable. Petitioner argues that it is the concluded that exports to the United See, Final Countervailing Duty Department’s practice to use the States did not receive benefits from Determination; Certain Forged Steel national average short-term borrowing short-term financing. See, Suspension of Crankshafts From Brazil (52 FR 28254, rate. It further argues that companies Countervailing Duty Investigation; 28255; October 15, 1987). Therefore, we cannot borrow at the government Certain Forged Steel Crankshafts from affirm that pre-shipment financing borrowing rate; therefore, ‘‘cost of Brazil (52 FR 28177, 28179; July 28, benefits all exports, including those to funds’’ to the government is an 1987) (Brazilian Crankshafts the United States. improper benchmark. Suspension Agreement). Therefore, the Comment 4: The GOM argues that in Department’s Position: We disagree GOM maintains that the companies calculating the benefit from the post- with the GOM. The Illustrative List received no benefit with regard to U.S. shipment program the Department used identifies common forms of export shipments. the incorrect interest rates for certain subsidies but does not necessarily Petitioner argues that the exclusion of transactions made by Filmax and instruct the Department how to value U.S. exports from the eligibility Rubberflex. Since interest paid for such them. The Department has a calculation did not affect benefits financing was broken out by interest longstanding practice of valuing the received and, therefore, the Department rates charged by specific banks, the benefit to the recipient rather than the should dismiss the GOM’s claim. Department should recalculate the cost to the government for the purpose Department’s Position: The GOM benefit using the applicable rates. of calculating countervailing duty rates. provides ECR financing based on export Department’s Position: We agree and The Department’s practice is to use performance. The explicit purpose of have made the adjustments accordingly. the rate for the predominant form of this program is to promote the export of In addition, we are including certain short-term financing in the country manufactured and approved agricultural transactions made by Rubberflex that we under review as the benchmark for products. Two types of ECR financing inadvertently omitted in our calculation short-term loans. See, Countervailing are available: pre-shipment and post- of post-shipment financing benefits. Duties; Notice of Proposed Rulemaking shipment financing. There is no These changes increase the benefit from and Request for Public Comments (59 evidence that the GOM limits these ECR this program from 0.0003 percent ad FR 23380; May 31, 1989) (Proposed loans to increase exports to markets valorem to 0.11 percent ad valorem. Rules). Where there is no single other than the United States, nor is there Comment 5: The GOM argues that in predominant source of short-term any evidence of a provision that calculating the export abatement benefit financing in the country in question, the prevents exporters from receiving ECR the Department should consider the Department may use a benchmark loans for exports to the United States. In actual tax savings in a particular year. composed of the interest rates for two or fact, at verification we found that Therefore, the Department should more sources of short-term financing in Heveafil received an ECR post-shipment consider the non-countervailable the country in question. See, Final loan for a U.S. export during the review deductions. If those non-countervailable Affirmative Countervailing Duty period. deductions equal the tax liability, then Determination and Countervailing Duty During the review period, both there is no benefit in the year in Order: Steel Wire Rope from Thailand Heveafil and Filmax applied for and question. (56 FR 46299; September 11, 1991). BAs used pre-shipment financing based on Petitioner argues that the GOM’s constitute an extremely small certificates of performance (CP). Pre- claim ignores the fact that the subsidy’s percentage of short-term financing in shipment financing based on CPs is a existence permits tax benefits to be Malaysia and, therefore, it would be line of credit based on previous exports carried forward to other years. Hence, inappropriate to use the BA rates as a and cannot be tied to specific sales in the Malaysians do benefit from the benchmark. specific markets. Because pre-shipment export abatement subsidy. Further, At verification, the GOM provided the loans were not shipment specific, we petitioner believes that it is reasonable Bank Negara Malaysia Quarterly included all loans in calculating the to assume that the Malaysians will take Bulletin, which lists the commercial country-wide duty rate. By excluding advantage of subsidy tax deductions. bank base lending (BLR) rates prevailing exports to the United States from their Department’s Position: Essentially the during the review period. The rates application for export financing, the GOM has asked us to assume that the ranged from 9.97 percent to 10.29 companies merely reduced the amount non-countervailable allowances are percent. According to commercial bank of financing they received. In addition, used first, even if the non- officials, the banks add a 1.00 to 2.00 at verification, company officials at the countervailable allowances can be percent spread to the BLR. Heveafil and Filmax rubber factories carried forward, while the export Therefore, we have determined that it could not tie the rubber latex purchased allowance cannot be carried forward. As is appropriate to continue to use the with the pre-shipment loans to products we stated in the final determination in average of the commercial BLR rates exported to destinations other than the the investigation, given this distinction, published in Bank Negara Malaysia United States. The GOM incorrectly it is more reasonable to assume that the 17518 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices export abatement is used first. See, and the portion that is attributable to not make export commitments as well Malaysian Final Determination. non-countervailable programs in order as some who do make them. Therefore, Therefore, we continue to treat the to calculate the net bounty or grant. market destination is irrelevant to export abatement as fully As we did in the investigation, we granting pioneer status. countervailable based on the tax return assumed during this review that the Department’s Position: In Wire Rod filed in the year under review. countervailable programs would be used from Malaysia, we concluded that no Comment 6: The GOM argues that first. Our rationale was to consider that industry or group of industries used the since Heveafil and Filmax eliminated a central purpose of the countervailing program disproportionately and found U.S. exports from their application for duty law is to encourage foreign the program not to be countervailable. the tax deduction under the export governments not to provide That determination, however, did not abatement program, the Department countervailable subsidies. In this specifically address situations where cannot attribute any of the tax review, this purpose can best be served companies had a specific export abatement program to such exports. by selecting the remaining condition attached to their pioneer Citing section 355.47(a) of the Proposed countervailable allowances before status approval. In the Wire Rod Rules, the GOM argues that the selecting any of the non-countervailable investigation, petitioner raised the issue Department cannot find a program allowances available to the companies. of an export requirement. Although the countervailable unless its benefits are In addition, if we treat a portion of the requirement per se is not new, it was tied to the subject merchandise. countervailable allowances as having not at issue with the companies Petitioner argues that the GOM’s been used, other portions carried investigated at the time. method of exclusion was illusory, as it forward for future use would also be As stated in the Malaysian Final did not affect the benefits received. countervailable when used. This means Determination, we continue to view the Department’s Position: In calculating that we would have to track allowances ‘‘domestic’’ side of the Pioneer Status the ratio of total exports to total sales, carried forward and trace from year to Program to be not countervailable. Heveafil, the only company that claimed year what portion of the allowances However, in this instance recipients of the abatement on its income tax return carried forward is countervailable. To the tax benefits conferred by this filed in the review period, deducted the avoid an unadministerable system of program can be divided into two amount of U.S. exports from both the tracking and tracing, we have treated the categories: industries and activities that numerator and denominator. In essence, countervailable portions as having been will find market opportunities in the companies merely prorated the used in the year under review. Malaysia and elsewhere, and those that benefit (i.e. adjusted downward using Comment 8: The GOM argues that the face a saturated domestic market. At the ratio of U.S. exports to total exports), Department previously found the verification, we established that an since its calculation did not Pioneer Status Program not export requirement may sometimes be significantly change the ratio applied to countervailable. See Carbon Steel Wire applied to certain industries after it is adjusted income to determine its export Rod from Malaysia; Final Results of determined that the domestic market abatement. The calculation Countervailing Duty Administrative will no longer support additional methodology used by Heveafil in its tax Review (Wire Rod from Malaysia) (56 FR producers. The extruded rubber thread return did not eliminate the benefit 14927; April 12, 1991). The GOM asserts industry is among these industries. attributable to sales of U.S. exports. that it is not countervailable because tax The combination of the necessary Therefore, we confirm our preliminary benefits under this program are not export orientation of the industry due to determination that this program limited to any sector or region of the lack of domestic market opportunities provides a countervailable benefit with Malaysian economy, nor is the program and the explicit export condition respect to exports of the subject exclusively available to exporting attached to pioneer status approval in merchandise. companies. The GOM contends that the the rubber thread industry lead us to Comment 7: The GOM argues that the Department confirmed at verification, conclude that the ‘‘export’’ side of the Department assumed that the entire both the de jure and de facto availability Pioneer Status Program constitutes an deduction for all other export tax of this program to the entire Malaysian export subsidy to the rubber thread programs resulted in cash savings in the economy, and that pioneer status tax industry. Whether or not the year under investigation. Moreover, benefits are not targeted to specific commitment was voluntary, as the GOM these programs are unlike the export industries or companies in a suggests, the company has obligated abatement in that they can be carried discriminatory manner. Furthermore, itself to export a very large portion of its forward. the Department verified that the internal production, and that commitment Department’s Position: The guidelines used to grant pioneer status appears to have been an important companies under review earned several are characterized by neutral criteria condition for approval of benefits. For types of allowances which may be used unrelated to exports, location or any further information, see Malaysian Final to offset taxable income. Each year, the other factors that could require a Determination. company calculates the total value of determination that the program is Comment 9: The GOM argues that the allowances to which it is entitled. It countervailable. Department overstated the benefit from then draws from this total the amount The GOM further argues that the the Pioneer Status Program because it needed to eliminate any tax liability in Department verified that the GOM does fails to deduct normal capital that year. If anything remains in the not require export commitments, or allowances that would have been pool, it can be carried forward to offset view them as preponderant, in allowed if the program had not been taxable income in future years. evaluating applications; that export used. The GOM claims that Rubberflex The specific allowances drawn from potential is merely one of 12 factors and Filmax, in fact, received no cash the pool in any given year are not considered in granting status; and that benefits from this program. identified on the tax form. Therefore, it a product will not be accepted based on Furthermore, the Department was necessary to develop a methodology export potential alone. Furthermore, the incorrectly allocated pioneer status tax for estimating the portion of the GOM argues that the Department benefits over only export sales even allowance used in a given year that is verified that the Malaysian Government though pioneer status tax benefits are attributable to countervailable programs, commonly approves companies who do also applicable to profits on domestic Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17519 sales. According to the GOM, this is period, but before the preliminary consequences of the adjusted income, consistent with the Department’s results are published, and (2) which can and it would be inappropriate to gather practice to allocate benefits over total be measured. The benefits of certain such information because that would, in sales to which they are ‘‘tied.’’ types of programs are not always essence, constitute a new review. Petitioner argues that pioneer status measurable. For example, in cases of Therefore, we have not adjusted the tax benefits are for the exports of the certain loan programs, there may be cash deposit. subject product. Thus, they are many factors affecting the subsidy rate, Unlike the above changes, we verified countervailable and properly allocated not all of which can be quantified in that the GOM has eliminated the only over export sales. advance. See, e.g., Certain Textile Mill Abatement of Five Percent of the Value Department’s Position: We have not Products from Thailand, 52 FR 7636 of Indigenous Malaysian Materials Used overstated the benefit from the Pioneer (1987); and Textile Mill Products from in Exports Program. We consider this Status Program. When a company Mexico, 50 FR 10824 (1985); see, also, program to be a program-wide change receives pioneer status, it is allowed to Live Swine From Canada, 53 FR 22189 because it occurred before we published stockpile normal capital allowances for (1988). the preliminary results and the change use in future years. Therefore, these In the instant review, the reduction of can be measured. We also verified that allowances should not be used to offset the corporate tax and the elimination of there are no residual benefits. As such, current benefits. Moreover, export sales the development tax are not program- we have adjusted the cash deposit rate should form the denominator because wide changes, but changes in one factor to reflect this change. receipt of pioneer status tax benefits for of the benefit calculation. In Antifriction Comment 12: The GOM claims that the companies under review is Bearings (Other Than Tapered Roller Section 707 of the Act prohibits the contingent upon exportation. See Bearings) and Parts thereof from Department from ordering the collection section 355.47(a)(2) of the Proposed Singapore Final Results of of countervailing duties on entries made Rules. Countervailing Duty Administrative on or after April 28, 1992 and before Comment 10: The GOM argues that Review (56 FR 26384, 26386; June 7, August 25, 1992. the Rubber Discount Program ended on 1991), regarding the reduction of the Department’s Position: We agree. See December 31, 1991 and that exports on corporate tax rate, we stated that ‘‘there the ‘‘Final Results of Review’’ section of or after January 1, 1992 were no longer are a number of factors other than the this notice. eligible for rubber discount benefits. corporate tax rate which affect the Final Results of Review The GOM further argues that in the benefit calculations (i.e., total sales, original investigation, the Department total exports, adjusted profits, and After considering all comments determined that the benefit from this investment allowances). Since changes received, we determine the bounty or program occurs at the time of export in these factors can offset one another, grant to be 3.30 percent ad valorem for (not at the time of receipt of the cash). a * * * reduction in the tax rate does the period January 1, 1992 through Therefore, exports after December 31, not warrant a reduction in the cash December 31, 1992. 1991 did not receive benefits. deposit rate.’’ While the reduction in the The Department issued the its Petitioner, on the other hand, argues corporate tax rate and the elimination of preliminary affirmative countervailable that the benefit from the program occurs the development tax may change the duty determination in the investigation at the time of receipt of the funds, as level of benefits found for a tax program, on December 30, 1991 (56 FR 67276). only then does the company have the these changes in the tax rates do not However, the ITC terminated its injury money to use. constitute a program-wide change in a determination on Malaysian extruded Department’s Position: We agree with subsidy program under section 355.50 rubber thread in light of the revocation respondent. In the preliminary results, of the Proposed Rules. of duty-free status under the the Department determined that the The GOM also changed the abatement Generalized System of Preferences, benefits were conferred at the time of of income from exports programs by effective March 31, 1992. Therefore, as export. Since the program was reducing the abatement rates. While the a result of the ITC determination, the terminated effective January 1, 1992, reduction in the abatement rates meets Department issued instructions to and the last date exports were eligible the definition of a ‘‘program-wide Customs to liquidate entries of the for rebates was December 30, 1991, no change’’ under section 355.50(b) of the subject merchandise entered, or benefits were received from this Proposed Rules, that change cannot be withdrawn from warehouse, for program during the review period. Our measured. Companies earn several types consumption prior to March 31, 1992, position remains unchanged from our of general tax allowances which are not without the imposition of preliminary results. under review and which may be used to countervailing duties. (See Amended Comment 11: The GOM contends that offset taxable income. Each year, the Final Affirmative Countervailing Duty we should adjust the cash deposit to companies calculate the total value of Determination and Countervailing Duty reflect program-wide changes affecting allowances to which they are entitled. Order; Extruded Rubber Thread from future benefits: the reduction in the They draw from the total allowances the Malaysia (58 FR 41084; August 2, abatement of income for exports, the amount needed to eliminate any tax 1993)). elimination of the development tax and liability in that year. If anything remains In accordance with 705(a)(1) of the the reduction of the corporate tax. in the pool, it can be carried forward to Act, the final determination in the Petitioner argues that cash deposit offset taxable income in future years. investigation was extended to coincide should not differ from the subsidy See, Department’s Position to Comment with the final antidumping found in the review period, because the 7. It is not known what deductions determination involving the same actual benefit is not known until after companies have taken until the tax product from Malaysia (57 FR 38472; the full investigation of the level of returns are filed, and it is inappropriate August 25, 1992). Pursuant to section subsidization. to assume that the adjusted income 705 of the Act and Article 5.3 of the Department’s Position: According to would remain constant in the year(s) GATT Subsidies Code, we cannot 19 CFR 355.50(a), the cash deposit rate subsequent to our review period. We do require suspension of liquidation for will be adjusted for program-wide not have information regarding the more than 120 days without the changes (1) which occur after the review companies’ current income and the issuance of a countervailing duty order. 17520 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Therefore, the Department instructed Related records can be viewed between Attention: Ms. Pipo Bui, Building 386, Customs to terminate the suspension of 8:30 AM and 5:00 PM in Room 4211, Moraga Avenue, The Presidio of San liquidation on the subject merchandise U.S. Department of Commerce, 14th and Francisco, CA 94129. entered, or withdrawn from warehouse, Constitution Avenue, N.W., FOR FURTHER INFORMATION CONTACT: This for consumption on or after April 28, Washington, D.C. notice is an abbreviated version of 1992. The Department reinstated Docket Number: 94–146. Applicant: information that is contained in the suspension of liquidation and required Rutgers, The State University of New application materials. For further cash deposits of estimated Jersey, Piscataway, NJ 08855-0909. information and to obtain application countervailing duties of entries made on Instrument: Test Frame with materials, please contact Ms. Pipo Bui at or after August 25, 1992, the date of Accessories. Manufacturer: Hi-Tech the Presidio Leadership Center, by publication of the countervailing duty Ltd., United Kingdom. Intended Use: facsimile at (415) 561–5955, or by phone order (57 FR 38472). As such, See notice at 60 FR 442, January 4, 1995. at (415) 561–5950. This notice may be merchandise entered on or after April Comments: None received. Decision: requested in an alternative format for 28, 1992 and before August 25, 1992 is Approved. No instrument of equivalent the visually impaired. to be liquidated without regard to scientific value to the foreign countervailing duties. instrument, for such purposes as it is SUPPLEMENTARY INFORMATION: The Department will instruct the intended to be used, is being I. Background Customs Service to assess manufactured in the United States. The Corporation for National Service countervailing duties of 3.30 percent ad Reasons: This is a compatible accessory is a government organization created by valorem of the f.o.b. invoice price on all for an existing instrument purchased for the National and Community Service shipments of the subject merchandise the use of the applicant. The accessory Act of 1990, as amended, 42 U.S.C. entered or withdrawn from warehouse, is pertinent to the intended uses and we § 12501 et seq. [‘‘the Act’’]. The for consumption on or after March 31, know of no domestic accessory which Corporation’s mission is to engage 1992 and before April 28, 1992, and on can be readily adapted to the existing Americans of all ages and backgrounds all shipments of the subject instrument. merchandise entered or withdrawn from in community-based service. This warehouse, for consumption on or after service will address the nation’s August 25, 1992 and exported on or Frank W. Creel education, human, public safety, and before December 31, 1992. Director, Statutory Import Programs Staff environmental needs to achieve direct The elimination of the Abatement of [FR Doc. 95–8508 Filed 4–5–95; 8:45 am] and demonstrable results. In doing so, Five Percent of the Value of Indigenous BILLING CODE 3510±DS±F the Corporation will foster civic Malaysian Materials Used in Exports responsibility, strengthen the ties that Program reduces the total estimated bind us together as a people, and duty deposit to 3.18 percent ad valorem. CORPORATION FOR NATIONAL AND provide educational opportunity for Therefore, the Department will instruct COMMUNITY SERVICE those who make a substantial the Customs Service to collect a cash commitment to service. deposit of estimated countervailing Availability of Funds for National The Act authorizes the Corporation to duties of 3.18 percent ad valorem of the Service Leadership Training Program conduct, directly or by grant or contract, f.o.b. invoice price on all shipments of training programs to promote leadership AGENCY: Corporation for National and this merchandise entered, or withdrawn development in national service Community Service. from warehouse, for consumption on or programs. The Presidio Leadership after the date of publication of the final ACTION: Notice of Availability of Funds. Center was established in 1995 by the results of this administrative review. Corporation with the purpose of SUMMARY: The Presidio Leadership developing leadership for community This deposit requirement will remain in Center (PLC) of the Corporation for service. The Center is working to: effect until publication of the final National Service (the Corporation) • Create a sense of professional results of the next administrative announces its intention to make identity and shared purpose among review. available approximately $200,000 to This administrative review and notice leaders working at all levels in national support one or more new cooperative are in accordance with section 751(a)(1) service; agreements that would assist the PLC in of the Act (19 U.S.C. 1675 (a)(1)) and 19 • Help leaders and potential leaders developing and providing a leadership CFR 355.22. increase their effectiveness in development and training program for accomplishing the goals of their Dated: March 29, 1995. approximately 180 leaders of Susan G. Esserman, programs and of national service; Corporation-funded programs and other • Create opportunities for new Assistant Secretary for Import service programs, over a twelve to leadership to emerge, strengthening the Administration. sixteen month period. The delivery of diversity, richness, and energy of those [FR Doc. 95–8513 Filed 4–5–95; 8:45 am] the program by applicants must include who guide national service; BILLING CODE 3510±DS±P a ‘‘training of trainers’’ approach and • Encourage leaders to weave preparing the PLC staff and selected community service into the fabric of the individuals to continue portions of the way that every community approaches Rutgers, The State University of New training on a larger scale after the Jersey, Notice of Decision on its challenges. cooperative agreement ends. The leadership development program Application for Duty-Free Entry of DATES: All applications must be Scientific Instrument described in this notice, primarily received by 3:30 p.m. PST, May 8, 1995. targeted at executives and senior This decision is made pursuant to ADDRESSES: Applications may be managers in service programs, has been Section 6(c) of the Educational, obtained from and must be submitted to tentatively named the Presidio Scientific, and Cultural Materials the Corporation at the following Leadership Fellowship Program (PLFP). Importation Act of 1966 (Pub. L. 89– address: Corporation for National It is the first initiative of the PLC. This 651, 80 Stat. 897; 15 CFR part 301). Service, Presidio Leadership Center, program is subject to availability of Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17521 funds. We expect to offer a number of approaches that will enable them to provision of general monitoring and other leadership development programs succeed in leading programs that oversight to ensure high program serving various kinds of leaders in the provide excellent service to American quality; service field. In addition, we expect to communities. We expect to help leaders • Selection of participants; offer conferences, seminars, and other develop within three skill areas, which • Provision of guidance in the process opportunities for leaders in national and we have designated as ‘learning goals’. of assessment of needs and interests of community service to exchange ideas They are: (a) building and maintaining leaders in the service field to be and best practices, and develop a high quality service organization; (b) addressed through the PLFP; innovative ways to serve the American strategic thinking; (c) personal • Participation in the development of people. dimensions of leadership. We expect schedules, curriculum and materials for that leaders will grow significantly in trainings and other activities; A. Expected Outcomes • these areas as a result of participation in Attendance at and participation in The leaders we hope to serve through the Fellowship. delivery of all activities contained in the the PLFP include executive directors, cooperative agreement; and delivery of site directors, and senior staff of 2. Basic Structure of the PLFP certain portions of the training (for AmeriCorps* USA programs, The PLC expects the program to example, teaching a case study during AmeriCorps*VISTA programs, Learn follow the outlined structure. the five-day seminar); and Serve programs, National Senior Applicants are invited to suggest • Coordination of activities between Service Corps programs, leaders within alternatives to components of this providers of services to the PLC through the AmeriCorps* National Civilian structure, but in the application should cooperative agreement(s), and with Community Corps, executive directors offer a program that fits this structure as Corporation-funded programs and the of state commissions, and others. We well as any alternatives, and the Corporation for National Service. • expect to achieve the following rationale for those alternatives. Analysis of evaluation information outcomes: • Program Components. collected by providers and/or the PLC • PLFP participants, or Fellows, The PLFP will be a year-long staff concerning the PLFP. • improve their performance over time, on leadership development experience for Assistance in accessing available specific, measurable objectives they set leaders of community service programs. information and technical assistance for themselves as demonstrated through The specific components of the program from Government sources, within even greater effectiveness of their are set forth in section IIA. available resources and as determined programs. • Diverse participants. by the Executive Director of the PLC. • Fellows report a significant increase Each class of approximately 30 This shall include data from the in the amount and quality of regular participants will include executive Corporation’s database or any other peer to peer exchange of information directors or other high- level managers resources within the government that and practices, sharing of lessons of community service programs, the may be of use in supporting this learned, and support among leaders of majority of whom have funding from the program. service programs. Corporation. A summary of Corporation- • II. Work To Be Accomplished Through There is a growing cadre of trained funded programs will be provided in the This Cooperative Agreement facilitators, trainers, and coaches who application materials. Most of the will work with the PLC and other program directors have responsibility These are the activities for which the community service programs to for planning, fundraising, managing PLC seeks assistance through this implement leadership training staff, budgets, mastering and complying cooperative agreement. Section IIA, programs. with government regulations, working ‘‘Program design and delivery • Rates of retention and promotion of with community boards, forming activities,’’ describes components of the Fellows in the field are higher than community partnerships, drawing program to be delivered. Applicants can those of peers who do not participate in strength from a diverse staff, apply to design and conduct all or some this program. community, and group of AmeriCorps of the components outlined in section • Fellows report high levels of members, and relating to government IIA. Section IIB, ‘‘Required project satisfaction with this program. agencies at the local, state, and federal activities’’, describes tasks that must be accomplished as part of the cooperative B. Approach level. They are managing in an environment of ambitious expectations agreement. These tasks include forming The Presidio Leadership Fellowship and limited resources, as well as an effective working partnership with is a new program that supports national specific and demanding policies and PLC and Corporation staff; collaborating and community service and looks to use requirements of the Corporation. with other organizations or individuals the most innovative and effective tools, • Three-year phased implementation. to design and deliver the program; methods, and techniques in doing so. • Recruitment and selection of engaging in evaluation and continuous Substantial involvement is expected participants improvement of the program; providing between the PLC and the successful • Tuition a conceptual framework for leadership applicants when carrying out the • Following effective practice in adult development or incorporating the program. The PLC is looking for learning. applicant’s services into a framework organizations who can work with us to selected by the PLC; and others. C. PLC Involvement develop an outstanding leadership A. Program Design and Delivery development program as well as a The PLC will be involved in all Activities ‘‘train-the-trainer’’ process (for both activities undertaken as part of this participants and staff) to continue and cooperative agreement. PLC In order to have an impact and expand the program in the future. involvement may include but is not improve the leadership skills of the limited to: Fellows, we believe that the ideal 1. Learning Goals of the PLFP • Participation by PLC staff or program will work with the Fellows The PLC will help leaders develop consultants in the planning and over a period of time and not just be a skills and personal leadership management of the program, and ‘‘one shot’’ training experience. 17522 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices However, cost will be a factor. The before 3:30 p.m. PST May 8 will be DEPARTMENT OF DEFENSE following activities are the components considered. of an ‘‘ideal’’ program: Public Information Collection D. Application Contents 1. Preparation (high priority) Requirement Submitted to the Office of Management and Budget (OMB) for 2. Presidio five-day intensive seminar 1. Forms and Certifications. All pre- Review (high priority) printed application forms must be 3. Network teams/action learning during completed and, where required for ACTION: Notice. six months after intensive seminar certification, signed. 4. Next steps seminar one year after The Department of Defense has intensive seminar (Optional— 2. Narrative Statement. Maximum 10 single-sided pages double-spaced in 12- submitted to OMB for clearance, the depending on cost) following proposal for collection of point font (excluding any attachments 5. Leader grants (small grants ranging information under the provisions of the described in the application materials). from $100 to $5,000 to Fellows who Paperwork Reduction Act (44 U.S.C. agree to provide special services to 3. Budget and Other Required Chapter 35). other Corporation-funded programs) Information. Applicants will be required Title: Customer Satisfaction Survey— 6. Evaluation to provide budget information as Generic Clearance Request. B. Required Project Activities described in the application materials Type of Request: Expedited and comply with (1) applicable Office of Processing—Approval date requested: Applicants must demonstrate their Management and Budget Circulars; (2) 30 days following publication in the commitment to completing the certification requirements concerning Federal Register. following tasks and explain how they debarment, suspension, other will accomplish them. Number of Respondents: 27,000. responsibility matters, drug-free 1. Formation of an effective working Responses per Respondent: 1. partnership with PLC and Corporation workplace, and lobbying restrictions; Annual Responses: 27,000. staff. and (3) appropriate assurances Average Burden Per Response: 15 2. Collaboration with other pertaining to recipients of federal minutes. organizations or individuals to design funding. Further information about Annual Burden Hours: 6,610. and deliver the program. these requirements will be included in Needs and Uses: The Defense Finance 3. Evaluation and continuous the application materials. and Accounting Service (DFAS) intends improvement of the program. E. Application Review to conduct a number of surveys 4. Provision of a powerful conceptual designed to determine the kind and framework for leadership development Initially all applications will be quality of service their customers want or incorporating the applicant’s services reviewed to confirm that the applicant and expect, as well as their satisfaction into a framework selected by the PLC. is an eligible recipient and to ensure with DFAS’s existing services. The 5. Demonstration that the applicant that the application complies with the information collected thereby, will be will bring a truly diverse team of application instructions and contains all used by DFAS to determine where and trainers and facilitators (and coaches if the information required by the to what extent services are satisfactory, applicable) to the project, and that the Application Contents section of the as well as to identify areas in which applicant is prepared to integrate and application packet. Each complete service can be improved. train individuals provided by the PLC in application from an eligible applicant Affected Public: Individuals or such roles. will then be evaluated by a Technical households; Businesses or other for- III. Application Requirements Evaluation Panel. The PLC may request profit; and Small businesses or that those applicants selected as organizations. A. Eligibility Requirements finalists provide a range of references; Frequency: On occasion. To be eligible to participate in this provide various training materials, Respondent’s Obligation: Voluntary. cooperative agreement program, videos, or other materials for review; OMB Desk Officer: Mr. Edward C. applicants must be a non-profit and/or be interviewed by phone or in Springer. organization, an educational institution, person. The following criteria will be Written comments and or a for-profit business organization. used to evaluate proposals. Percentage recommendations on the proposed Regardless of the type of organization weights are given for the importance of information collection should be sent to applying for Federal funding assistance, each criterion in evaluating the Mr. Springer at the Office of no fee or profit will be allowed. applications. Management and Budget, Desk Officer for DoD, Room 10236, New Executive B. Period of Support 30% Quality of program and Office Building, Washington, DC 20503. The cooperative agreement will cover implementation plan. DOD Clearance Officer: Mr. William a period of between 12 and 16 months, 30% Organizational capacity. Pearce. beginning on or about June 1, 1995, with Written requests for copies of the 20% Cost effectiveness. the possibility of renewal based on information collection proposal should performance, need, and availability of 20% Quality and experience of be sent to Mr. Pearce, WHS/DIOR, 1215 funds at the discretion of the training staff. Jefferson Davis Highway, Suite 1204, Corporation. However, there are no Dated: April 3, 1995. Arlington, VA 22202–4302. assurances for such continuation. Terry Russell, Dated: March 31, 1995. C. Application Procedure General Counsel Corporation for National Patricia L. Toppings, Each applicant must submit one Service. Alternate OSD Federal Register Liaison original and three copies of its [FR Doc. 95–8514 Filed 4–5–95; 8:45 am] Officer, Department of Defense. application package. Only complete BILLING CODE 6050±28±P [FR Doc. 95–8409 Filed 4–5–95; 8:45 am] application packages received on or BILLING CODE 5000±04±M Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17523 Office of the Secretary need to change your date. Requests will The public review and comment period be filed on a first come first serve basis. extends through May 1, 1995. Defense Science Board 1995 Summer We will send confirmation letters The Department of Energy provided Study Task Force on Technology providing service basis. We will send direct notice to over 2000 individuals Investments for 21st Century Military confirmation letters providing directors, and organizations on the availability of Superiority, Hostile Capabilities Team maps and parking information. the Draft EIS; copies of the Draft EIS were distributed to several hundred of ACTION: Cancellation of meeting. Kenneth L. Denton, Army Federal Register Liaison Officer. these individuals or groups. Additional SUMMARY: The meeting notice for the [FR Doc. 95–8413 Filed 4–5–95; 8:45 am] copies of the Draft EIS can be obtained or reviewed as indicated below. Defense Science Board 1995 Summer BILLING CODE 3710±08±M Study Task Force on Technology DOE invites public comments on the Investments for 21st Century Military Draft EIS and will hold public hearings Superiority, Hostile Capabilities Team Army Science Board; Open Meeting on the document. scheduled for April 4–5, 1995 as DATES: The public comment period for published in the Federal Register (Vol. In accordance with Section 10(a)(2) of the Draft EIS ends on Monday, May 1, 60, No. 57, Page 15538, Friday, March the Federal Advisory Committee Act 1995. Written comments regarding the 24, 1995, FR Doc 95–7222) was (P.L. 92–463), announcement is made of document should be postmarked by cancelled. the following Committee Meeting: Monday, May 1, 1995, to ensure Dated: March 31, 1995. Name of Committee: Army Science Board consideration in preparation of the Final (ASB). Environmental Impact Statement. Patricia L. Toppings, Date of Meeting: 20 and 21 April 1995. Comments sent after that date will be Alternate OSD Federal Register Liaison Time of Meeting: 0900–1600, 20 April considered to the extent practicable. Officer, Department of Defense. 1995; 0900–1200, 21 April 1995. Two public hearings (which will also [FR Doc. 95–8410 Filed 4–5–95; 8:45 am] Place: Alexandria, VA. serve as informational meetings) will be BILLING CODE 5000±04±M Agenda: The Army Science Board (ASB) Independent Assessment Panel on ‘‘Army held on the Draft EIS: Tuesday, April Family Housing’’ will hold a meeting to 11, 1995, in Savannah, Georgia; and Department of the Army review current Army Family Housing Thursday, April 13, 1995, in North policies and issues and to examine new Augusta, South Carolina. The locations Notice of Reservation Only Meeting business and privatization alternatives. These for these meetings are identified below. meetings will be open to the public. Any ADDRESSES: Combined information AGENCY: Military Traffic Management interested person may attend, appear before, meetings and public hearings on the Command, DOD. or file statements with the committee at the Draft EIS have been scheduled. time and in the manner permitted by the ACTION: Notice of meeting. committee. The ASB Administrative Officer, Addresses for the public meeting locations are as follows: SUMMARY: The Military Traffic Sally Warner, may be contacted for further Tuesday, April 11, 1995, from 1 p.m. Management Command (MTMC) will information at (703) 695–0781. to 4 p.m. and 6 p.m. to 9 p.m.: Coastal host twelve meetings with industry to Sally A. Warner, Georgia Center for Continuing discuss Reengineering the Personal Administrative Officer, Army Science Board. Education 305 Martin Luther King, Jr. Property Program. The purpose of these [FR Doc. 95–8481 Filed 4–5–95; 8:45 am] Boulevard Savannah, Georgia 31412 meetings is to provide a forum where BILLING CODE 3710±08±M Thursday, April 13, 1995, from 1 p.m. we can brief the concept and hear to 4 p.m. and 6 p.m. to 9 p.m.: North industry comments and concerns. We Augusta Community Center, 495 are interested in meeting with all DEPARTMENT OF ENERGY Brookside Avenue, North Augusta, carriers and agents, large, small, and/or South Carolina 29841. minority or anyone interested in Draft Environmental Impact Statement The public is invited to provide participating in the Personal Property for the Interim Management of Nuclear comments on the Draft EIS to DOE Program. Materials at the Savannah River Site representatives at the hearings. Written DATES: Meetings will be held on April AGENCY: Department of Energy (DOE). and verbal comments will be given 21, May 1, 3, 5, 8, 10, 12, 15, 17, 19, 31, equal weight. Written comments on the ACTION: Notice of availability of draft and June 2 from 8:30 a.m.–12:30 p.m. Draft EIS, requests for copies of the The attendance will be by reservation environmental impact statement (EIS) and notice of public hearings. document, and requests for further only. information should be directed to: Mr. ADDRESSES: Headquarters, Military SUMMARY: The U.S. Department of A. B. Gould, Jr., NEPA Compliance Management Traffic Management Energy (DOE) announces the availability Officer, U.S. Department of Energy, Command, ATTN: MTOP–QEC, 5611 of a Draft EIS entitled ‘‘Interim Savannah River Operations Office, P. O. Columbia Pike, Falls Church, VA Management of Nuclear Materials, Box 5031, Aiken, South Carolina 29804– 22041–5050. Savannah River Site, Aiken, South 5031, Attention: ‘‘Interim Management FOR FURTHER INFORMATION CONTACT: Carolina’’ (DOE/EIS–0220D). The Draft of Nuclear Materials EIS’’. Telephone: Conna Jack, MTOP–QEC, (703) 756– EIS assesses the potential environmental Information Line (800) 242–8269. 1292. impacts of managing nuclear materials FOR FURTHER INFORMATION CONTACT: For SUPPLEMENTARY INFORMATION: that are currently stored in various general information on DOE’s National Reservations may be made by contacting facilities and conditions at the Environmental Policy Act (NEPA) your association or contacting Savannah River Site. process, please contact: Ms. Carol HQMTMC. When we receive the An Environmental Protection Agency Borgstrom, Director, Office of NEPA request, we will try to accommodate Federal Register notice of availability Policy and Assistance (EH–42), U.S. your requested attendance date, for the subject Draft EIS was published Department of Energy, 1000 however, if we have more than 25 March 17, 1995 (60 FR 14433), initiating Independence Avenue, SW., people for a specific meeting, we may the public review and comment period. Washington, DC 20585. Telephone: 17524 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices (202) 586–4600 or leave a message at Technology Center, and industry in the filing its compliance report in the (800) 472–2756. area of water resources. above-referenced docket. Issued in Washington, DC, on April 3, The SR Office of Technology Comment date: April 7, 1995, in 1995. Development has agreed to provide accordance with Standard Paragraph E Eugene C. Schmitt, financial assistance to initiate at the end of this notice. Director, Office of Integration and establishment of a Water Resources 2. Public Service Company of Colorado Assessment, Office of Environmental Center. Funding for this initiative will Management. be in the form of a Grant as provided by [Docket No. ER95–585–000] [FR Doc. 95–8498 Filed 4–5–95; 8:45 am] the Federal Grant and Cooperative Take notice that on March 14, 1995, BILLING CODE 6450±01±P Agreement Act of 1977 (Public Law Public Service Company of Colorado 95224). Authority for funding this (Public Service), tendered for filing an project is found in Section 3135 of the amendment in the above-referenced Office of Community Outreach; Pre- FY 1994 National Defense Authorization docket. Application Conference and Notice of Act, Public Law 103–160, November Copies of the filing were served upon Availability of Financial Assistance To 1993. Western, Tri-State, PRPA, Basin and Establish and Support a Water The estimated federal funding for the state jurisdictional regulators which Resources Center Water Resources Center is $1.5 million, include the Public Utilities Commission and funding response to this solicitation of the State of Colorado and the State of AGENCY: Department of Energy (DOE), must include matching funding at a Colorado Office of Consumer Counsel. Savannah River Operations Office (SR). minimum. Those who submitted and Comment date: April 7, 1995, in ACTION: Notice of Pre-Application Expression of Interest (EOI) in response accordance with Standard Paragraph E Conference and Availability of Financial to SR’s Commerce Business Daily at the end of this notice. Assistance Application. announcement of November 14, 1994, 3. Bangor Hydro-Electric Company will automatically receive a copy of the SUMMARY: SR is announcing a Pre- solicitation. Notification to attend the [Docket No. ER95–722–000] Application Conference for conference and/or requests for copies of Take notice that on March 9, 1995, organizations wishing to be considered the solicitation should be received in Bangor Hydro-Electric Company as the entity to establish and support a writing or be transmitted via facsimile tendered for filing its Second Water Resources Center for the Central to (803) 725–8573 no later than close of Amendment to the Power Sales Savannah River Area (CSRA). The business (5:00 p.m. Eastern Standard Agreement between Bangor Hydro- conference is scheduled for Tuesday, Time) on April 14, 1995. Please identify Electric Company and UNITIL Power April 18, 1995, at the Savannah River in the notifications the name, Corporation. Site (SRS), Aiken, SC, commencing at citizenship, social security number, and Comment date: April 7, 1995, in 8:30 a.m. and completing by 5:00 p.m. birthdate for all attendees. This is accordance with Standard Paragraph E In addition to discussion regarding the required in order to process access at the end of this notice. objectives of the Water Resources Center authorizations for SRS. Requests or 4. PacifiCorp and the criteria which will be used to notifications should be sent to Scott D. select the applicant, the conference will Stephenson, Contracts Division, U.S. [Docket No. ER95–728–000] also offer a tour of the Savannah River Department of Energy, Savannah River Take notice that on March 10, 1995, Technology Center whereby participants Operations Office, P.O. Box A, Aiken, PacifiCorp, tendered for filing in will have an opportunity to become SC 29802. Telephonic requests will not accordance with 18 CFR Part 35 of the familiar with available technologies. A be accepted. Commission’s Rules and Regulations, solicitation for the Water Resources Issued in Aiken, SC, on March 13, 1995. Transmission Service Agreements with Center will be made available on or City of Bountiful, Utah (Bountiful), Robert E. Lynch, about March 31, 1995. Rainbow Power Marketing Corporation Head of Contracting, Activity Designee, SUPPLEMENTARY INFORMATION: (Rainbow) and InterCoast Power The Water Contracts Division, Savannah River Resources Center is intended to be a Operations Office. Marketing Company (InterCoast) under, PacifiCorp’s FERC Electric Tariff, private sector developed and operated [FR Doc. 95–8497 Filed 4–5–95; 8:45 am] project. Government interest in this Original Volume No. 5, Service BILLING CODE 6450±01±M project is in stimulating the economic Schedule TS–5. development of the region surrounding Copies of this filing were supplied to federal facilities by providing initial Federal Energy Regulatory Bountiful, Rainbow, InterCoast, the financial assistance and access to Commission Washington Utilities and Transportation technology developed at federal Commission and the Public Utility facilities using federal funding. The [Docket No. ER94±1143±001, et al.] Commission of Oregon. intent is to encourage development of a Comment date: April 10, 1995, in Water Resources Center that brings Interstate Power Company, et al. accordance with Standard Paragraph E together and deploys capabilities and Electric Rate and Corporate Regulation at the end of this notice. technologies from industry, academia, Filings 5. San Diego Gas & Electric Company federal, and private research facilities and organizations. the proposed center March 24, 1995. [Docket No. ER95–732–000] will be located in the CSRA in one of Take notice that the following filings Take notice that on March 13, 1995, the following counties: Aiken, Barnwell, have been made with the Commission: San Diego Gas & Electric Company Allendale in South Carolina; or 1. Interstate Power Company (SDG&E), tendered for filing and Columbia, Richmond in Georgia. The acceptance, pursuant to 18 CFR 35.12, designated location of this center is to [Docket No. ER94–1143–001] an Interchange Agreement (Agreement) facilitate development of a partnership Take notice that on March 14, 1995, between SDG&E and Power Exchange between SRS, the Savannah River Interstate Power Company tendered for Corporation (PXC). Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17525 SDG&E requests that the Commission of Practice and Procedure, 18 CFR earnings on Construction Work In allow the Agreement to become effective 35.12, as an initial rate schedule, an Progress balances for the year 1994 that on the 15th day of May, 1995 or at the agreement with Electric Clearinghouse, were included in rates subject to refund. earliest possible date. Inc. (ECI). The agreement provides a Total earnings on CWIP for 1994 were Copies of this filing were served upon mechanism pursuant to which the $239,750 or 0.14 percent of total the Public Utilities Commission of the parties can enter into separately billings. The represents a decrease of State of California and PXC. scheduled transactions under which $240,901 from the 1993 CWIP billings of Comment date: April 10, 1995, in NYSEG will sell to ECI and ECI will $480,651.000. accordance with Standard Paragraph E purchase from NYSEG either capacity Copies of the limited Section 205 at the end of this notice. and associated energy or energy only as filing were served upon Maine Yankee’s the parties may mutually agree. jurisdictional customers, secondary 6. Portland General Electric Company NYSEG requests that the agreement customers, and Massachusetts [Docket No. ER95–734–000] become effective March 15, 1995, so that Department of Public Utilities, Vermont Take notice that on March 13, 1995, the parties may, if mutually agreeable, Public Service Board, Connecticut Portland General Electric Company enter into separately scheduled Public Utilities Control Authority, (PGE), tendered for filing revisions to transactions under the agreement. Maine Public Utilities Commission, PGE’s FERC Electric Tariff, Original NYSEG has requested waiver of the New Hampshire Public Utilities Volume No. 2 (PGE–2), and twenty- notice requirements for good cause Commission and Office of the Public three (23) new unsigned Service shown. Advocate, State of Maine. Agreements under PGE–2 with: NYSEG served copies of the filing Comment date: April 10, 1995, in City of Azusa Light & Water Department upon the New York State Public Service accordance with Standard Paragraph E AES Power Inc. Commission and ECI. at the end of this notice. Comment date: April 10, 1995, in Arizona Power Pooling Association Standard Paragraphs Ashton Energy Corporation accordance with Standard Paragraph E CRSS Power Marketing, Inc. at the end of this notice. E. Any person desiring to be heard or Eclipse Energy, Inc. to protest said filing should file a 8. New York State Electric & Gas motion to intervene or protest with the El Paso Electric Company Corporation Engelhard Power Marketing, Inc. Federal Energy Regulatory Commission, Equitable Power Services Co. [Docket No. ER95–739–000] 825 North Capitol Street, NE., Gulfstream Energy, LLC Take notice that on March 14, 1995, Washington, DC 20426, in accordance Heartland Energy Services, Inc. New York State Electric & Gas with Rules 211 and 214 of the Howell Power Systems, Inc. Corporation (NYSEG), tendered for Commission’s Rules of Practice and Imperial Irrigation District filing pursuant to § 35.12 of the Federal Procedure (18 CFR 385.211 and 18 CFR InterCoast Power Marketing Co. Energy Regulatory Commission’s Rules 385.214). All such motions or protests National Electric Associates of Practice and Procedure, 18 CFR should be filed on or before the Nevada Power Company 35.12, as an initial rate schedule, an comment date. Protests will be NorAm Energy Services, Inc. agreement with Burlington Electric considered by the Commission in Plains Electric Generation & Department (BED). The agreement determining the appropriate action to be Transmission Cooperative, Inc. provides a mechanism pursuant to taken, but will not serve to make Public Service Company of Colorado which the parties can enter into protestants parties to the proceeding. Public Service Company of New Mexico separately scheduled transactions under Any person wishing to become a party Rainbow Energy Marketing Corporation which NYSEG will sell to BED and BED must file a motion to intervene. Copies Tucson Electric Power Co. will purchase from NYSEG either of this filing are on file with the Vesta Energy Alternatives Co. capacity and associated energy or Commission and are available for public Pursuant to 18 CFR 35.11, and the energy only as the parties may mutually inspection. Commission’s Order in Central Hudson agree. Lois D. Cashell, Gas & Electric Corp., et al., 60 FERC NYSEG requests that the agreement Secretary. ¶ 61,106, reh’g denied, 61 FERC become effective on March 15, 1995, so [FR Doc. 95–8432 Filed 4–5–95; 8:45 am] ¶ 61,089 (1992), PGE has requested that that the parties may, if mutually BILLING CODE 6717±01±P the Commission grant a waiver of the agreeable, enter into separately notice requirements of 18 CFR 35.3 to scheduled transactions under the allow the revised tariff, PGE–2, to agreement. NYSEG has requested waiver [Project No. 11402±000 Michigan] become effective March 13, 1995. of the notice requirements for good City of Crystal Falls, MI; Notice of Copies of the filing have been served cause shown. Availability of Draft Environmental on the parties included in the Certificate NYSEG served copies of the filing Assessment of Service attached to the filing letter. upon the New York State Public Service Comment date: April 10, 1995, in Commission and BED. March 31, 1995. accordance with Standard Paragraph E Comment date: April 10, 1995, in In accordance with the National at the end of this notice. accordance with Standard Paragraph E Environmental Policy Act of 1969 and at the end of this notice. 7. New York State Electric & Gas the Federal Energy Regulatory Corporation 9. Maine Yankee Atomic Power Commission’s (Commission’s) Company regulations, 18 CFR Part 380 (Order No. [Docket No. ER95–738–000] 486, 52 FR 47897), the Office of Take notice that on March 14, 1995, [Docket No. ER95–747–000] Hydropower Licensing has reviewed the New York State Electric & Gas Take notice that Maine Yankee application for an original license for Corporation (NYSEG), tendered for Atomic Power Company, on March 15, the Crystal Falls Hydroelectric Project, filing pursuant to § 35.12 of the Federal 1995 tendered for filing a limited located in Iron County, Michigan, and Energy Regulatory Commission’s Rules Section 205 filing solely for approval of has prepared a Draft Environmental 17526 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Assessment (DEA) for the project. In the at 941 North Capitol Street, NE., Commission and are available for public DEA, the Commission’s staff has Washington, DC 20426. inspection in the public reference room. analyzed the potential environmental Any comments should be filed within Lois D. Cashell, impacts of the existing unlicensed 45 days from the date of this notice and Secretary. project and has concluded that approval should be addressed to Lois D. Cashell, [FR Doc. 95–8433 Filed 4–5–95; 8:45 am] of the project, with appropriate Secretary, Federal Energy Regulatory BILLING CODE 6717±01±M environmental protection or Commission, 825 North Capitol Street, enhancement measures, would not NE., Washington, DC 20426. Please affix constitute a major federal action Project No. 2290 to the first page of all [Docket No. TM95±7±23±001] significantly affecting the quality of the comments. human environment. Eastern Shore Natural Gas Company; For further information, please Copies of the DEA are available for Notice of Filing of Corrected Tariff contact Kathleen Sherman, review in the Public Reference Branch, Sheets Environmental Coordinator, at (202) Room 3104, of the Commission’s offices 219–2834. March 31, 1995. at 941 North Capitol Street, NE., Take notice that Eastern Shore Washington, DC 20426. Lois D. Cashell, Secretary. Natural Gas Company (ESNG) tendered Any comments should be filed within for filing on March 28, 1995 certain [FR Doc. 95–8470 Filed 4–5–95; 8:45 am] 45 days from the date of this notice and substitute revised tariff sheets included should be addressed to Lois D. Cashell, BILLING CODE 6717±01±M in Appendix A attached to the filing. Secretary, Federal Energy Regulatory Such sheets are proposed to be effective Commission, 825 North Capitol Street, April 1, 1995. NE., Washington, DC 20426. Please affix [Docket No. RP95±214±000] On March 14, 1995, ESNG filed ‘‘Crystal Falls Hydroelectric Project No. revised tariff sheets in Docket No. 11402’’ to all comments. For further Colorado Interstate Gas Company; TM95–7–23–000 to track changes in information, please contact Tom Dean at Notice of Tariff Compliance Filing Transco’s fuel retention percentages and (202) 219–2778. March 31, 1995. ESNG’s pipeline suppliers’ storage Lois D. Cashell, service rates, both to be effective April Secretary. Take notice that on March 28, 1995, 1, 1995. Colorado Interstate Gas Company (CIG), [FR Doc. 95–8430 Filed 4–5–95; 8:45 am] ESNG has since discovered on its tendered for filing as part of its FER Gas BILLING CODE 6717±01±M Schedule D1, Text ID 9, Working Paper Tariff, First Revised Volume No. 1, the #1, Page 2, Note 2, that when calculating following tariff sheets, with an effective its PS/FT Demand Charge the TBO Unit date of April 1, 1995: [Project No. 2290±006±CA] Rate of $0.0165 and the Zone 3 Electric First Revised Sheet No. 369A Power Unit Rate of $0.0118 (from Southern California Edison Company; First Revised Sheet No. 369B Transco’s Firm Transportation Service Rates, 9th Revised Second Revised Renotice of Availability of Draft CIG states that the above-referenced Sheet No. 40) were used twice, and Environmental Assessment tariff sheets are being filed to reflect that therefore, the PS/FT Demand Charge all Buyers have paid in full for March 31, 1995. was overstated by $0.0283. The obligations pursuant to Docket Nos. In accordance with the National substitute tariff sheets correct this RP94–85 and RP94–130. (Docket Nos. Environmental Policy Act of 1969 and overstatement. RP94–85 and RP94–130 are the latest the Federal Energy Regulatory Additionally, ESNG is refiling its dockets where CIG has sought recovery Commission’s (Commission’s) Fifth Revised Sheet No. 7 due on the of take-or-pay ‘‘buyout’’ or ‘‘buydown’’ regulations, 18 CFR Part 380 (Order No. final tariff sheet. ESNG on its redlined costs pursuant to the Commission’s 486, 52 FR 47897), the Office of copy of Fifth Revised Sheet 7, in its Order No. 528.) Hydropower Licensing has reviewed the original filing, changed from Fourth application for new license for an CIG states that copies of this filing Revised Sheet No. 7 to Fifth Revised No. existing licensed hydropower project on were served upon all parties in this 7, but failed to change the pagination the Kern River owned and operated by proceeding and affected state number on its final tariff sheet. Included the Southern California Edison commissions. in this filing is a properly paginated Company: the Kern River No. 3 Project Any person desiring to be heard or to Sheet No. 7. No. 2290, located in Kern and Tulare protest said filing should file a motion ESNG states that copies of the filing Counties, California. Subsequently, the to intervene or a protest with the have been served upon its jurisdictional Commission’s staff prepared a Draft Federal Energy Regulatory Commission, customers and interested State Environmental Assessment (DEA) that 825 North Capitol Street, NE., Commissions. discusses the relicensing of the project. Washington, DC 20426, in accordance Any person desiring to be heard or to In the DEA, staff evaluates the with §§ 385.211 and 385.214 of the protest said filing should file a motion potential environmental impacts that Commission’s Rules of Practice and to intervene or protest with the Federal would result from the continued Procedure (18 CFR 385.214 or 385.211). Energy Regulatory Commission, 825 operation of the project. Staff concludes All such petitions or protests should be North Capitol Street, NE., Washington, that relicensing the project with filed on or before April 7, 1995. Protests DC 20426, in accordance with Rules 18 appropriate enhancement measures will be considered by the Commission CFR 385.211 and 385.214 of the would not constitute a major federal in determining the appropriate action to Commission’s Rules of Practice and action significantly affecting the quality be taken, but will not serve to make Procedure. All such motions or protests of the human environment. protestants parties to the proceeding. should be filed on or before April 7, Copies of the DEA are available for Any person wishing to become a party 1995. Protests will be considered by the review in the Public Reference Branch, must file a motion to intervene. Copies Commission in determining the Room 3104, of the Commission’s offices of this filing are on file with the appropriate action to be taken, but will Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17527 not serve to make protestants parties to East) on El Paso’s 6′′ O.D. Superior Line authorization pursuant to Section 7 of the proceeding. Any person wishing to and provides service to Southwest for the Natural Gas Act. become a party must file a motion to residential and commercial usages. Lois D. Cashell, intervene. Copies of this filing are on Metering and distribution services are Secretary. file with the Commission and are provided by Southwest from the [FR Doc. 95–8434 Filed 4–5–95; 8:45 am] Cabanillas tap. Southwest has rendered available for public inspection. BILLING CODE 6717±01±M Lois D. Cashell, the Cabanillas Tap as unnecessary since Secretary. the Roberts Station upgrading will [FR Doc. 95–8435 Filed 4–5–95; 8:45 am] provide sufficient gas volumes to serve the Cabanillas Tap customers. El Paso [Docket No. RP95±159±001] BILLING CODE 6717±01±M will abandon the Cabanillas Tap by Florida Gas Transmission Company; removing one 1′′ O.D. tap and valve Notice of Compliance Filing [Docket No. CP95±282±000] assembly with appurtenances and regulation equipment. All salvageable March 31, 1995. El Paso Natural Gas Company; Notice materials will be reused and all Take notice that on March 29, 1995, of Request Under Blanket abandonment and removal activities Florida Gas Transmission Company Authorization will be limited to the existing, (FGT) tendered for filing to become part previously disturbed right-of-way. March 31, 1995. of its FERC Gas Tariff, Third Revised El Paso stated that providing gas Volume No. 1, the following tariff sheet: Take notice that on March 24, 1995, service from only the proposed El Paso Natural Gas Company (El Paso), upgraded Roberts Station would Substitute Original Sheet No. 125A P.O. Box 1492, El Paso, Texas 79978, simplify operations for both Southwest On February 10, 1995, FGT filed a filed in Docket No. CP95–282–000 a and El Paso and would result in a tariff sheet containing provisions for the request pursuant to §§ 157.205, 157.212 savings in operation and maintenance disposition of Unauthorized Gas and 157.216 of the Commission’s expenses but still maintain throughput delivered to its system. Subsequently, Regulations under the Natural Gas Act requirements. The total estimated cost on March 14, 1995 the Commission (18 CFR 157.205, 157.212 and 157.216) for upgrading plus respective overhead issued its Order Conditionally for authorization to upgrade a delivery and contingency fees is $48,500, but Accepting Tariff Sheet (March 14 Order) point and to abandon a delivery point Southwest has agreed to reimburse El subject to FGT making revisions to (1) both located in Pinal County, Arizona Paso. provide a minimum of 24-hours notice under El Paso’s blanket certificate With the upgrading of the Roberts to shippers prior to assessing a penalty issued in Docket No. CP82–435–000 Station, Southwest will be able to and to allow shippers to correct the pursuant to Section 7 of the Natural Gas consolidate its receipt of natural gas unauthorized tender before becoming Act, all as more fully set forth in the from El Paso at a point where deliveries subject to the penalty of losing the gas; request that is on file with the are needed the most, and in turn, permit (2) delete language applying Commission and open to public abandonment of the unnecessary Unauthorized Gas provisions inspection. Cabanillas Tap. Southwest will use the retroactively; (3) specifically state the El Paso proposes to upgrade the J. A. gas to satisfy residential and residential Roberts (S–25) Meter Station (Roberts disposition of Unauthorized Gas space heating requirements, and revenues and (4) state that Unauthorized Station). Southwest informed El Paso commercial and commercial space that the upgrade of the Roberts Station Gas will not encompass imbalance heating requirements in the Central volumes and that Unauthorized Gas is was necessary since the gas demand on Arizona College area and in the City of its distribution system has increased any volume of gas received at a point for Coolidge, Arizona and environs. which there is no transportation and additional continued growth is El Paso states that the proposed firm anticipated. The Roberts Station is nomination by any shipper and that, if delivery of natural gas to Southwest at any volume is nominated at a point, located near milepost 3.3 (Section 10, the Roberts Station is within certificated then Unauthorized Gas provisions do Township 6 South, Range 7 East) on El entitlement and will not have a not apply. FGT states that the instant Paso’s 6′′ O.D. Superior Line and negligible effect upon El Paso’s peak day filing is made in compliance with the currently delivers natural gas to and annual deliveries and will be done March 14 Order. Southwest for residential and without detriment or disadvantage to El Any person desiring to protest said commercial usages. As part of the Paso’s other customers. upgrading, Southwest will construct Any person or the Commission’s staff filing should file a protest with the Federal Energy Regulatory Commission, approximately 2,700 feet of 41⁄2′′ O.D. may, within 45 days after issuance of 825 North Capitol Street, NE., pipe and regulation equipment on the the instant notice by the Commission, Washington, DC 20426 in accordance existing, previously disturbed right-of- file pursuant to Rule 214 of the with § 385.211 of the Commission’s way for connecting a segment of its Commission’s Procedural Rules (18 CFR Rules and Regulations. All such protests distribution system to the Roberts 385.214) a motion to intervene or notice should be filed on or before April 7, Station. El Paso will replace the existing of intervention and pursuant to 1995. Protests will be considered by the 2′′ O.D. senior orifice meter run with a § 157.205 of the Regulations under the Commission in determining the 2′′ O.D. turbine meter run with Natural Gas Act (18 CFR 157.205) a appropriate action to be taken, but will appurtenances, thereby making the protest to the request. If no protest is not serve to make protestants parties to Roberts Station capable of a wider range filed within the time allowed therefor, the proceeding. Copies of this filing are of measurement capability. the proposed activity shall be deemed to As a result of upgrading the Roberts be authorized effective the day after the on file with the Commission and are Station, El Paso proposes to abandon by time allowed for filing a protest. If a available for public inspection. removal the Evaristo Cabanillas (S–23) protest is filed and not withdrawn Lois D. Cashell, Tap (Cabanillas Tap). The Cabanillas within 30 days after the time allowed Secretary. Tap is located near milepost 3.9 for filing a protest, the instant request [FR Doc. 95–8436 Filed 4–5–95; 8:45 am] (Section 10, Township 6 South, Range 7 shall be treated as an application for BILLING CODE 6717±01±M 17528 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices [Project Nos. 2318, 2482, 2616, 2539, 2554, Multiple Project EIS (MEIS). All Information Requested 2385] interested individuals, organizations, Federal and state resource agencies, and agencies are invited to attend either local government officials, interested Niagara Mohawk Power Corp., et al.; or all of the planned meetings and help Notice of Public Scoping Meetings groups, area residents, and concerned staff identify the scope of environmental individuals are requested to provide any March 31, 1995. issues that should be analyzed in the information they believe will assist the The Federal Energy Regulatory NEPA documents. Commission staff to analyze the Commission (Commission) has received The first scoping meeting, primmarily environmental impacts associated with applications for new licenses for agencies and covering all projects, relicensing the projects. The types of (relicenses) for the existing projects will be held at 9:00 AM on Tuesday, information sought include the operated by the Niagara Mohawk Power April 25, 1995, at the William K. following: Corporation (NiMo), Moreau Sanford Town Library, 629 Albany • Data, reports, and resource plans Manufacturing Corporation, and Finch Shaker Road, Loudonville, New York. that characterize the baseline physical, Pruyn, Incorporated in the Hudson The first evening scoping meeting, biological, or social environments in the River Basin in New York. The projects primarily for the public and directed at vicinity of the projects. include eight developments. The the School Street Project, will be • Information and data that helps projects and developments are: School conducted at 7:00 PM on Tuesday, April staff identify or evaluate significant Street Project No. 2539; Hoosic Project 25, 1995, at Cohoes High School, Tiger environmental issues. No. 2616 (Schaghticoke and Circle, Cohoes, New York. Scoping information and associated Johnsonville developments); Hudson The second evening meeting, directed comments should be submitted to the River Project No. 2482 (Sherman Island at the Hoosic Project, will be held at Commission no later than 60 days after and Spier Falls developments); Glens 7:00 PM on Wednesday, April 26, 1995, the date of this notice. Written Falls Project No. 2385; Feeder Dam at Mechanicville High School, Kniskern comments should be provided at the Project No. 2554; and E.J. West Project Avenue, Mechanicville, New York. scoping meeting or mailed to the No. 2318. The third evening meeting, directed at Commission, as follows: Secretary, Upon review of the applications, the Glens Falls, Feeder Dam, Hudson, Federal Energy Regulatory Commission, supplemental filings, agency comments and E.J. West projects, will be held at 825 North Capitol Street, NE., and intervenor submittals, the 7:00 PM on Thursday, April 27, 1995, at Washington, DC 20426. All filings sent to the Secretary of the Commission staff concluded that, given Glens Falls Senior High School, 10 Commission should contain an original the location and interaction of the Quade Street, Glens Falls, New York. projects, we will proceed with scoping and 8 copies. Failure to file an original for a Multiple Project Environmental Procedures and 8 copies may result in appropriate Impact Statement (MEIS) on the Hudson staff not receiving the benefit of your The meetings, which will be recorded comments in a timely manner. See 18 River. If determined appropriate after by a stenographer, will become part of scoping, we will prepare separate CFR 4.34(h). the formal record of the Commission’s All correspondence should clearly Environmental Assessments (Eas) for proceeding on the MEIS. Individuals the School Street and the Hoosic show the following caption on the first presenting statements at the meeting page: (Schaghticoke and Johnsonville need to sign in before the meeting starts FERC No. 2318, 2482, 2554, 2385, 2616, developments) projects and a MEIS for and to identify themselves for the the remaining E.J. West, Hudson River and 2539 record. Hudson River Multiple Project EIS and (Sherman Island and Spier Falls Concerned parties are encouraged to developments), Glens Falls, and Feeder Eas speak during the public meetings. Intervenors and interceders (as Dam projects, that describe and evaluate Speaking time allowed for individuals the probable impacts of the applicant’s defined in 18 CFR 385.2010) who file will be determined before the meeting, documents with the Commission are proposals and alternative for the based on the number of persons wishing projects. reminded of the Commission’s Rules of to speak and the approximate amount of Practice and Procedure requiring them One element of the National time available for the session, but all Environmental Policy Act (NEPA) to serve a copy of all documents filed speakers will be provided at least five with the Commission on each person process is scoping. Scoping activities minutes to present their views. are initiated early to: whose name is listed on the official • Identify reasonable alternative Scoping Meeting Objectives service list for this proceeding. operational procedures and For further information, please At each scoping meeting, the staff contact Edward R. Meyer at (202) 208– environmental enhancement measures will: that should be evaluated in the 7998. • Summarize the environmental documents; Lois D. Cashell, issues tentatively identified for analysis • Identify significant environmental Secretary. in the documents; issues related to the operation of the [FR Doc. 95–8431 Filed 4–5–95; 8:45 am] • Identify resource issues that the existing projects; BILLING CODE 6717±01±M • Determine the depth of analysis for staff believes are of lesser importance issues that will be discussed in the and, therefore, do not require detailed [Docket No. RP95±215±000] documents; and analysis; • • Solicit from the meeting Identify resource issues that are of Texas Gas Transmission Corporation; participants all available information, lesser importance and, consequently, do Notice of Proposed Changes in FERC especially quantifiable data, concerning not require detailed analysis. Gas Tariff significant local resources; and Scoping Meetings • Encourage statements from experts March 31, 1995. Commission staff will conduct four and the public on issues that should be Take notice that on March 29, 1995, public meetings for the Hudson River analyzed in the NEPA documents. Texas Gas Transmission Corporation Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17529 (Texas Gas), tendered for filing to approval for the following public Account 5230, Directory revenues, to become part of its FERC Gas Tariff, First information collections pursuant to the allow carriers to report nonregulated Revised Volume No. 1, the following Paperwork Reduction Act of 1980, Pub. revenues. Copies of the revised report tariff sheets, with a proposed effective L. 96–511. For further information are available upon request. date of April 30, 1995: contact Shoko B. Hair, Federal OMB Control No.: 3060–0536. Original Sheet No. 226J Communications Commission, (202) Expiration Date: 02/29/96. Original Sheet No. 226K 418–1379. Title: Rules and Requirements for Original Sheet No. 226L Telecommunications Relay Services Original Sheet No. 226M Federal Communications Commission (TRS) Interstate Cost Recovery. Original Sheet No. 226N OMB Control No.: 3060–0395. FCC Form No.: FCC 431. Original Sheet No. 226O Expiration Date: 03/31/98. Description: FCC Form 431 is used in Texas Gas states that the tariff sheets Title: Automated Reporting and implementing the shared-funding are being filed as a limited Section 4(e) Management Information Systems program for the recovery of interstate filing to effectuate direct billing of Texas (ARMIS)—Sections 43.21 and 43.22. telecommunications relay services Gas’s Account No. 191 balance pursuant FCC Form No.: FCC Report 43–02. (TRS) costs. All common carriers must to § 33.2 of the General Terms and Estimated Annual Burden: 48,000 contribute to the TRS Fund and Conditions of its FERC Gas Tariff, First total annual hours; 899 hours per complete FCC 431 form. The Revised Volume No. 1. The filing response. information is used to administer the reflects activity affecting Texas Gas’s Description: ARMIS is needed to program. The 1995 edition of the form pre-November 1, 1993, unrecovered administer the Commission’s is being printed. A Public Notice will be purchased gas costs, which were accounting, jurisdictional separations, issued when the form is available for actually paid between the period August access charges, and joint cost rules and public use. 1, 1994, through March 31, 1995, rules to analyze revenue requirements, OMB Control No.: 3060–0411. resulting in a balance of approximately and rate of return, service quality and Expiration Date: 03/31/98. $6.5 million. Texas Gas requests that the infrastructure development. It collects Title: Formal Complaints Against tariff sheets become effective April 30, financial and operational data from all Common Carriers—Sections 1.720– 1995. Tier 1, Class A local exchange carriers 1.735. Texas Gas states that the copies of the with annual revenues over $100 million Estimated Annual Burden: 7,600 total revised tariff sheets are being mailed to and carriers who elect incentive annual hours; 10 hours per response. Texas Gas’s affected former regulation. The Common Carrier Description: Section 208 of the jurisdictional sales customers and Bureau, under delegated authority, Communications Act of 1934, 47 U.S.C. interested state commissions. released an Order on February 2, 1995 Section 208, provides that any person Any person desiring to be heard or to that modified FCC Report 43–02. FCC may file a complaint with the FCC protest said filing should file a motion Report 43–02 provides the annual regarding acts or omissions of common to intervene or a protest with the financial operating results of the carriers subject to the Communications Federal Energy Regulatory Commission, carriers’ activities for every account in Act. Information filed pursuant to 47 825 North Capitol Street, N.E., Part 32, Uniform System of Accounts for CFR 1.720 et. seq. is provided either Washington, DC 20426, in accordance Telecommunications Companies. The with or in response to a formal with §§ 385.214 and 385.211 of the Common Carrier Bureau, under complaint. The information is used to Commission’s Rules and Regulations. delegated authority, released an Order resolve a complaint and determine All such petitions or protests should be on February 2, 1995 that modified FCC whether a violation of the filed on or before April 7, 1995. Protests Report 43–02. FCC Report 43–02 is Communications Act or the will be considered by the Commission revised to: increase the number of rows Commission’s rules has occurred. in determining the appropriate action to for reporting data for certain accounts in Affected respondents are complainants be taken, but will not serve to make Table 1–7, Donations or Payments for and defendant common carriers. protestants parties to the proceeding. Services Rendered by Persons Other Federal Communications Commission. Any person wishing to become a party than Employees; (2) add three new tax William F. Caton, accounts to Table B–1, Balance Sheet must file a motion to intervene. Copies Acting Secretary. Accounts; and (3) make a number of of this filing are on file with the [FR Doc. 95–8400 Filed 4–5–95; 8:45 am] Commission and are available for public additional content and format revisions. BILLING CODE 6712±01±F inspection in the public reference room. Copies of the revised report are Lois D. Cashell, available upon request. Secretary. OMB Control No.: 3060–0513. Public Information Collection [FR Doc. 95–8437 Filed 4–5–95; 8:45 am] Expiration Date: 03/31/98. Requirements Being Reviewed By The BILLING CODE 6717±01±M Title: ARMIS Joint Cost Report. Federal Communications Commission Form No.: FCC Report 43–03. For Extension Under Delegated Estimated Annual Burden: 30,000 Authority 5 CFR 1320.9 total annual hours; 200 hours per FEDERAL COMMUNICATIONS response. March 30, 1995. COMMISSION Description: FCC Report 43–03 The Federal Communications Public Information Collections contains financial and operating data. Commission is reviewing the following Approved by Office of Management The Commission uses it to monitor the information collection requirement for and Budget local exchange carrier industry and to possible 3-year extension under perform routine analyses of costs and delegated authority 5 CFR 1320.9, March 29, 1995. revenues. The Common Carrier Bureau, authority delegated to the Commission The Federal Communications under delegated authority, revised the by the Office of Management and Commission (FCC) has received Office FCC Report 43–03 on February 2, 1995 Budget (OMB) on October 6, 1994. This of Management and Budget (OMB) to delete the ‘‘N/A’’ in all columns for collection was previously approved by 17530 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices OMB and is unchanged. Public Public Information Collection applying for a new station or when comments are invited on this collection Requirement Submitted to Office of modifying an existing land radio station for a period ending [thirty days from the Management and Budget for Review in the Maritime Mobile Service or an date of publication in the Federal Alaska Public Fixed Station. The data is Register.] Persons wishing to comment March 31, 1995. necessary to evaluate a request for on this information collections should The Federal Communications station authorization in the Maritime contact Dorothy Conway, Federal Commission has submitted the Services or an Alaska Public Fixed Communications Commission, 1919 M following information collection Station, to issue the licenses, and to Street NW, Room 242–B, Washington, requirements to OMB for review and update the database. clearance under the Paperwork DC 20554. You may also send comments OMB Number: 3060–0149. Reduction Act of 1980 (44 U.S.C. 3507). via Internet to [email protected]. Upon Title: Part 63 - Section 214 Copies of these submissions may be approval FCC will forward supporting Application and Supplemental purchased from the Commission’s copy Information Requirements (Sections material and copies of these collections contractor, International Transcription to OMB. 63.01–63.601). Service, Inc., 2100 M Street, NW, Suite Form No.: N/A Copies of this submission may be 140, Washington, DC 20037, (202) 857– Action: Extension of a currently purchased from the Commission’s copy 3800. For further information on this approved collection. contractor, International Transcription submission contact Dorothy Conway, Respondents: Business or other for- Service, Inc., 2100 M Street, NW, Suite Federal Communications Commission, profit. 140, Washington, DC 20037, (202) 857– (202) 418–0217 or via internet at Frequency of Response: On occasion. 3800. For further information contact [email protected]. Persons wishing Estimated Annual Burden: 510 annual Dorothy Conway, Federal to comment on this information responses; 13.37 hours burden per Communications Commission, (202) collection should contact Timothy Fain, response; 6,280 hours total annual 418–0217. Office of Management and Budget, burden. Room 10214 NEOB, Washington, DC Needs and Uses: Section 214 requires OMB Number: 3060–0430. 20503, (202) 395–3561. that the FCC review the establishment, Title: Section 1.1206 non-restricted OMB Number: 3060–0332. lease, operations, and extension of proceedings, ex parte presentations Title: Section 76.614 Cable television channels of communications by generally permissible but subject to system regular monitoring. interstate common carriers. These disclosure. Form No.: N/A carriers earn a rate of return based on Action: Extension of a currently their plant and facilities investments. Action: Extension of a currently The more they invest in plant and approved collection. approved collection. Respondents: Businesses or other for- facilities the greater their revenue Respondents: Individuals or profit. requirement. Thus, one of the marjor households; Business or other for-profit; Frequency of Response: On occasion. reasons Section 214 was enacted was to Not-for-profit institutions; Federal Estimated Annual Burden: 561,200 ensure against unnecessary duplication Government; State, Local or Tribal annual responses; .017 hours burden per of plant and facilities. The other reason Government. response; 11,638 hours total annual for Section 214 was to regulate which Frequency of Response: On occasion. burden. entities should be allowed to provide Needs and Uses: Section 76.614 common carrier services and which Estimated Annual Burden: 300 services should be allowed to be responses; 30 minutes burden per requires that cable television systems operating on aeronautical frequencies terminated. The information in response; 400 hours total annual applications by dominate carriers is burden. which were requested or granted for use after November 30, 1994, provide for a used by the Commission to determine if Needs and Uses: In accordance with program of regular monitoring for signal the facilities are needed. The the Commission’s current ex parte rules, leakage and maintain a log showing the information in the semi-annual reports certain presentations made to decision- date and location of each leakage source of the non-dominant carriers is used to making personnel in non-restricted identified, the date on which the leak monitor the growth of the networks and proceedings must be made available for was repaired and the probable cause of the availability of common carrier viewing by all the parties to the the leak. services in this segment of the telecommunications market. proceeding. The parties in non- OMB Number: 3060–0089. OMB Number: 3060–0128. restricted proceedings use information Title: Application for Land Radio regarding ex parte presentations to Title: Application for General Mobile Station Authorization in the Maritime Radio Service and Interactive Video prepare responses to the matters raised Services. in the documents. The availability of ex Data Service. Form No.: FCC Form 503. Form No.: FCC Form 574. parte materials ensures that the Action: Extension of a currently Action: Revision of a currently Commission’s decisional processes are approved collection. approved collection. fair, impartial and comport with the Respondents: Individual or Respondents: Individuals or concept of due process in that all parties households; Business or other for-profit; households; Business or other for-profit; can know of and respond to the Not-for-profit institutions; State, Local Not-for-profit institutions; State, Local arguments made to decision-making or Tribal Government. or Tribal Government. officials. Frequency of Response: On occasion. Frequency of Response: On occasion. Federal Communications Commission. Estimated Annual Burden: 2,926 Estimated Annual Burden: 2,970 annual responses; 45 minutes burden responses; 30 minutes burden per William F. Caton, per response; 2,195 hours total annual response; 1,485 hours total annual Acting Secretary. burden. burden. [FR Doc. 95–8401 Filed 4–5–95; 8:45 am] Needs and Uses: FCC rules require Needs and Uses: This form is filed by BILLING CODE 6712±01±F that applicants file FCC Form 503 when applicants in the General Radio Service Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17531 and Interactive Video Data Service to the Executive Secretary, FDIC, 550–17th records are accessed only by authorized request an authorization or to modify an Street NW., Washington, DC 20429, personnel with password access. existing one. This data is used to (202) 898–6679. * * * * * determine eligibility, for rule making SUPPLEMENTARY INFORMATION: The proceedings, enforcement purposes and FDIC’s system of records entitled SYSTEM MANAGER(S) AND ADDRESS: for resolving treaty obligations. Data is ‘‘Municipal Securities Dealers and Associate Director, Capital Markets vital to maintain database and issue Government Securities Brokers/Dealers and Administration Branch, Division of authorizations. Personnel Records System’’ is being Supervision, FDIC, 550–17th Street, OMB Number: 3060–0064. amended to clarify and/or more NW., Washington, DC 20429. Title: Application for Station accurately describe its contents. These * * * * * Authorization in the Private Operational modifications update language in the Dated at Washington, DC, this 3rd day of Fixed Microwave Radio Service. system location and the system April 1995. Form No.: FCC Form 402. manager(s) and address elements to Federal Deposit Insurance Corporation. Respondents: Individuals or reflect organizational changes within Robert E. Feldman, households; Business or other for-profit; the FDIC. Additionally, since records Acting Executive Secretary. Not-for-profit institutions; State, Local are no longer stored in computerized or Tribal Government. [FR Doc. 95–8460 Filed 4–5–95; 8:45 am] files maintained on a contract basis with BILLING CODE 6714±01±P Frequency of Response: On Occasion. the National Association of Securities Estimated Annual Burden: 7,619 Dealers, Inc., that reference is deleted responses: 6 hours and 10 minutes from the system location and burden per response; 46,978 hours total Privacy Act of 1974; Amendment to an retrievability elements. The language of annual burden. Existing System of Records Needs and Uses: FCC Form 402 is the storage element is reworded to accommodate system maintenance on a AGENCY: Federal Deposit Insurance used to apply for a new, modified or Corporation (FDIC). renewed station authorization for mainframe computer system instead of ACTION: Notice of amendment to an Private Operational Fixed Microwave a PC-based system. The retrievability existing system of records—‘‘Secondary stations. The technical data is necessary element adds the use of dealer to evaluate a request for Microwave registration numbers and FDIC bank Marketing Asset Prospect System’’ station authorization, to coordinate that certificate numbers to facilitate retrieval (formerly ‘‘Prospective Investor request, and to provide interference of records in this system. Lastly, the System’’). safeguards element is amended to protection if the request is granted. SUMMARY: clarify that computerized records are As part of an ongoing Federal Communications Commission. accessed only by authorized personnel examination of the FDIC’s systems of William F. Caton, with password access. records, the ‘‘Prospective Investor Acting Secretary. Accordingly, the FDIC amends the System’’ has been reviewed for [FR Doc. 95–8459 Filed 4–5–95; 8:45 am] ‘‘Municipal Securities Dealers and compliance with the Privacy Act of BILLING CODE 6712±0l±F Government Securities Brokers/Dealers 1974, 5 U.S.C. 552a. Numerous minor Personnel Records System’’ to read as amendments have been made that will follows: clarify and/or more accurately describe FEDERAL DEPOSIT INSURANCE the following elements in this system of CORPORATION FDIC 30±64±0016 records: System name, system location, categories of individuals covered by the SYSTEM NAME: Privacy Act of 1974; Amendment to an system, categories of records in the Municipal Securities Dealers and Existing System of Records system, retention and disposal, and Government Securities Brokers/Dealers system manager(s) and address. AGENCY: Federal Deposit Insurance Personnel Records System. (Complete EFFECTIVE DATE: April 6, 1995. Corporation (FDIC). text appears at 53 FR 7399, March 8, FOR FURTHER INFORMATION CONTACT: ACTION: Notice of amendment to an 1988). Frederick N. Ottie, Attorney, Office of existing system of records—‘‘Municipal SYSTEM LOCATION: Securities Dealers and Government the Executive Secretary, FDIC, 550–17th Capital Markets and Administration Securities Brokers/Dealers Personnel Street NW., Washington, DC 20429, Branch, Division of Supervision, FDIC, Records System’’. (202) 898–6679. 550–17th Street, NW., Washington, DC SUPPLEMENTARY INFORMATION: The SUMMARY: As part of an ongoing 20429. FDIC’s system of records entitled examination of the FDIC’s systems of * * * * * ‘‘Prospective Investor System’’ is being records, the ‘‘Municipal Securities amended to clarify and/or more Dealers and Government Securities POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND accurately describe its contents. These Brokers/Dealers Personnel Records DISPOSING OF RECORDS IN THE SYSTEM: modifications include changing the System’’ has been reviewed for system name to the ‘‘Secondary STORAGE: compliance with the Privacy Act, 5 Marketing Asset Prospect System,’’ and U.S.C. 552a. Numerous minor Maintained in file folders and in updating descriptions in the system amendments have been made that will electronic media. location as well as in the system clarify and/or more accurately describe RETRIEVABILITY: manager(s) and address elements to the following elements in this system of Indexed by name, social security reflect organizational changes within records: System location, storage, the FDIC. Additionally, since system retrievability, safeguards, and system number, and dealer registration number or FDIC bank certificate number. coverage only includes individuals who manager(s) and address. have submitted written notice (not oral EFFECTIVE DATE: April 6, 1995. SAFEGUARDS: notice) of an interest in purchasing (not FOR FURTHER INFORMATION CONTACT: File folders are stored in lockable an intent to purchase) assets, and since Frederick N. Ottie, Attorney, Office of metal file cabinets; computerized there is no qualification requirement for 17532 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices individuals to be included in the SYSTEM MANAGER(S) AND ADDRESS: Dated: April 3, 1995. system, existing language identifying Director, Division of Depositor and Joseph C. Polking, categories of individuals covered by the Asset Services, FDIC, 550–17th Street Secretary. system is amended to reflect those facts. NW., Washington, DC 20429. [FR Doc. 95–8457 Filed 4–5–95; 8:45 am] In a similar vein, the description of BILLING CODE 6730±01±M categories of records in the system is * * * * * amended to clarify that the system Dated at Washington, DC, this 3rd day of contains information identifying the April, 1995. Ocean Freight Forwarder License general geographic location of loans or Federal Deposit Insurance Corporation. Revocations owned real estate that individuals may Robert E. Feldman, be interested in purchasing; that it also Acting Executive Secretary. Notice is hereby given that the contains information relating to whether [FR Doc. 95– 8449 Filed 4–5–95; 8:45 am] following ocean freight forwarder bids have been submitted on loan sales licenses have been revoked by the BILLING CODE 6714±01±P (but not owned real estate sales); and Federal Maritime Commission pursuant that it does not include additional to section 19 of the Shipping Act of information relating to actual bids. 1984 (46 U.S.C. app. 1718) and the Lastly, the retention and disposal FEDERAL MARITIME COMMISSION regulations of the Commission element is amended to clarify that pertaining to the licensing of ocean backup tapes are maintained in off-line Security for the Protection of the freight forwarders, 46 CFR 510. storage and that obsolete data is deleted Public Financial Responsibility To License Number: 2881 or destroyed after 15 months. Meet Liability Incurred for Death or Name: T.G. International, Inc. Accordingly, the FDIC amends the Injury to Passengers or Other Persons ‘‘Prospective Investor System’’ to read on Voyages; Notice of Issuance of Address: 950 Threadneedle, Ste. 140, as follows: Certificate (Casualty) Houston, TX 77079 FDIC 30±64±0019 Date Revoked: March 8, 1995 Notice is hereby given that the Reason: Failed to furnish a valid surety SYSTEM NAME: following have been issued a Certificate bond. Secondary Marketing Asset Prospect of Financial Responsibility to Meet System. (Complete text appears at 52 FR Liability Incurred for Death or Injury to License Number: 3365 23602, June 23, 1987). Passengers or Other Persons on Voyages Name: Jacky Maeder Ltd. pursuant to the provisions of Section 2, #204, SYSTEM LOCATION: Address: 1414 Calcon Hook Rd, Public Law 89–777 (46 U.S.C. 817(d)) Sharon Hill, PA 19079 Division of Depositor and Asset and the Federal Maritime Commission’s Services, FDIC, 550–17th Street NW., implementing regulations at 4 CFR part Date Revoked: March 10, 1995 Washington, DC 20429. 540, as amended: Radisson Seven Seas Reason: Surrendered license Cruises, Inc., and Diamond Cruise, Inc., voluntarily. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 600 Corporate Drive, Fort Lauderdale, License Number: 1241 Florida 33334. Individuals who have submitted Name: Randy International, Ltd. written notice of an interest in Vessel: Radisson Diamond. Address: 590 Belleville Turnpike, #26, purchasing loans or owned real estate Dated: April 3, 1995. Kearny, NJ 07032 from the FDIC. Joseph C. Polking, Date Revoked: March 10, 1995 CATEGORIES OF RECORDS IN THE SYSTEM: Secretary. Reason: Surrendered license Contains the individual’s name, [FR Doc. 95–8458 Filed 4–5–95; 8:45 am] voluntarily. address, and telephone number; BILLING CODE 6730±01±M information as to the kind or category License Number: 3822 and general geographic location of loans Name: Freight Brokers International, or owned real estate that the individual Security for the Protection of the Inc. may be interested in purchasing; and Public in Demnification of Passengers Address: 1235 North Loop West, Ste. information relating to whether any bids for Nonperformance of Transportation; 601, Houston, TX 77008 have been submitted on loan sales. Notice of Issuance of Certificate Date Revoked: March 15, 1995 * * * * * (Performance) Reason: Failed to furnish a valid surety POLICIES AND PRACTICES FOR STORING, Notice is hereby given that the bond. RETRIEVING, ACCESSING, RETAINING, AND following have been issued a Certificate DISPOSING OF RECORDS IN THE SYSTEM: License Number: 3422 of Financial Responsibility for Name: The Myers Group (U.S.), Inc. * * * * * Indemnification of Passengers for Address: 72 Lake Street, Rouses Point, RETENTION AND DISPOSAL: Nonperformance of Transportation pursuant to the provisions of Section 3, New York 12979 Records are generally maintained in Public law 89–777 (46 U.S.C. 817(e)) Date Revoked: March 17, 1995 computer discs and tapes in an on-line and the Federal Maritime Commission’s capacity until needed. Backup tapes are Reason: Surrendered license implementing regulations at 46 CFR part maintained in off-line storage. All voluntarily. 540, as amended: Radison Seven Seas records, including those in printout Bryant L. VanBrakle, Cruises, Inc. and Diamond Cruise, Inc., form, are periodically updated to reflect Director, Bureau of Tariffs, Certification and 600 Corporate Drive, Fort Lauderdale, changes and maintained as long as Licensing. Florida 33334. needed. Obsolete data is deleted or [FR Doc. 95–8456 Filed 4–5–95; 8:45 am] destroyed after 15 months. Vessel: Radison Diamond. BILLING CODE 6730±01±M Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17533 FEDERAL RESERVE SYSTEM rehabilitation and development of low- A. Federal Reserve Bank of Boston income areas by providing housing, (Robert M. Brady, Vice President) 600 The Bank of New York Company Inc., services or jobs for residents, pursuant Atlantic Avenue, Boston, Massachusetts et al.; Acquisitions of Companies to § 225.25(b)(6) of the Board’s 02106: Engaged in Permissible Nonbanking Regulation Y. 1. Gerauld, Donna, William, and Activities B. Federal Reserve Bank of Chicago Margaret Hopkins, and Amy (Hopkins) (James A. Bluemle, Vice President) 230 Blaylock, Downers Grove, Illinois; to The organizations listed in this notice South LaSalle Street, Chicago, Illinois acquire an additional 22.39 percent (for have applied under § 225.23(a)(2) or (f) 60690: a total of 24.96 percent) of the voting of the Board’s Regulation Y (12 CFR 1. Union-Calhoun Investments, Ltd., shares of Finest Financial Corporation, 225.23(a)(2) or (f)) for the Board’s Rockwell City, Iowa; to acquire Keith Pelham, New Hampshire, and thereby approval under section 4(c)(8) of the Insurance, Rockwell City, Iowa, and indirectly acquire Pelham Bank and Bank Holding Company Act (12 U.S.C. thereby engage in insurance agency Trust, Pelham, New Hampshire. 1843(c)(8)) and § 225.21(a) of Regulation activities in towns of less than 5,000 B. Federal Reserve Bank of Atlanta Y (12 CFR 225.21(a)) to acquire or and tax preparation, pursuant to § (Zane R. Kelley, Vice President) 104 control voting securities or assets of a 225.25(b)(8)(iii) and (b)(21) of the Marietta Street, N.W., Atlanta, Georgia company engaged in a nonbanking Board’s Regulation Y. 30303: activity that is listed in § 225.25 of C. Federal Reserve Bank of St. Louis 1. Hope Harris Johnson, Slocomb, Regulation Y as closely related to (Randall C. Sumner, Vice President) 411 Alabama; to acquire 62.9 percent of the banking and permissible for bank Locust Street, St. Louis, Missouri 63166: voting shares of Wiregrass holding companies. Unless otherwise 1. New Era Bancorporation, Inc., Bancorporation, Inc., Ashford, Alabama, noted, such activities will be conducted Fredericktown, Missouri; to acquire up and thereby indirectly acquire Barbour throughout the United States. to an additional 6.54 percent (for a total County Bank, Eufaula, Alabama. Each application is available for of 9.99 percent) of the voting shares of C. Federal Reserve Bank of Kansas immediate inspection at the Federal St. Francois County Financial Corp., City (John E. Yorke, Senior Vice Reserve Bank indicated. Once the Farmington, Missouri, and thereby President) 925 Grand Avenue, Kansas application has been accepted for acquire St. Francois County Savings and City, Missouri 64198: processing, it will also be available for Loan Association, Farmington, 1. Douglas L. and Rebecca McClure, inspection at the offices of the Board of Missouri, and thereby engage in Colorado Springs, Colorado; to acquire Governors. Interested persons may operating a savings association, an additional 4.66 percent (for a total of express their views in writing on the pursuant to § 225.25(b)(9) of the Board’s 25.23 percent) of the voting shares of question whether consummation of the Regulation Y, and in the sale as agent of First Flo Corporation, Florence, proposal can ‘‘reasonably be expected to credit-related insurance, pursuant to § Colorado, and thereby indirectly acquire produce benefits to the public, such as 225.25(b)(8)(i) of the Board’s Regulation Rocky Mountain Bank & Trust, greater convenience, increased Y. Florence, Colorado. competition, or gains in efficiency, that Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve outweigh possible adverse effects, such System, March 31, 1995. System, March 31, 1995. as undue concentration of resources, Barbara R. Lowrey, Barbara R. Lowrey, decreased or unfair competition, Associate Secretary of the Board. Associate Secretary of the Board. conflicts of interests, or unsound [FR Doc. 95–8405 Filed 4–5–95; 8:45 am] [FR Doc. 95–8406 Filed 4–5–95; 8:45 am] banking practices.’’ Any request for a hearing on this question must be BILLING CODE 6210±01±F BILLING CODE 6210±01±F accompanied by a statement of the reasons a written presentation would Gerauld Blaylock, et al.; Change in Buerge Bancshares, Inc.; Formation of, not suffice in lieu of a hearing, Bank Control Notices; Acquisitions of Acquisition by, or Merger of Bank identifying specifically any questions of Shares of Banks or Bank Holding Holding Companies fact that are in dispute, summarizing the Companies evidence that would be presented at a The company listed in this notice has hearing, and indicating how the party The notificants listed below have applied for the Board’s approval under commenting would be aggrieved by applied under the Change in Bank section 3 of the Bank Holding Company approval of the proposal. Control Act (12 U.S.C. 1817(j)) and § Act (12 U.S.C. 1842) and § 225.14 of the Unless otherwise noted, comments 225.41 of the Board’s Regulation Y (12 Board’s Regulation Y (12 CFR 225.14) to regarding each of these applications CFR 225.41) to acquire a bank or bank become a bank holding company or to must be received at the Reserve Bank holding company. The factors that are acquire a bank or bank holding indicated for the application or the considered in acting on the notices are company. The factors that are offices of the Board of Governors not set forth in paragraph 7 of the Act (12 considered in acting on the applications later than April 19, 1995. U.S.C. 1817(j)(7)). are set forth in section 3(c) of the Act A. Federal Reserve Bank of New The notices are available for (12 U.S.C. 1842(c)). York (William L. Rutledge, Senior Vice immediate inspection at the Federal The application is available for President) 33 Liberty Street, New York, Reserve Bank indicated. Once the immediate inspection at the Federal New York 10045: notices have been accepted for Reserve Bank indicated. Once the 1. The Bank of New York Company processing, they will also be available application has been accepted for Inc., New York, New York; to acquire for inspection at the offices of the Board processing, it will also be available for Related Guaranteed Corporate Partners, of Governors. Interested persons may inspection at the offices of the Board of L.P., New York, New York, and thereby express their views in writing to the Governors. Interested persons may engage in making equity and debt Reserve Bank indicated for that notice express their views in writing to the investments in corporations or projects or to the offices of the Board of Reserve Bank indicated for that designed primarily to promote Governors. Comments must be received application or to the offices of the Board community welfare, such as economic not later than April 19, 1995. of Governors. Any comment on an 17534 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices application that requests a hearing must interested parties regarding the Food and Drug Administration include a statement of why a written proposed project, the environmental [Docket No. 95N±0082] presentation would not suffice in lieu of analysis, and proposed mitigation a hearing, identifying specifically any measures. All comments received will Animal Drug Export; Deslorelin questions of fact that are in dispute and be made a part of the administrative Acetate Implant summarizing the evidence that would record for the DEIS and will be be presented at a hearing. evaluated as part of the Final EIS review AGENCY: Food and Drug Administration, Comments regarding this application process. HHS. must be received not later than May 1, ACTION: Notice. 1995. For further information contact Donna A. Federal Reserve Bank of Kansas M. Meyer, Regional Environmental SUMMARY: The Food and Drug City (John E. Yorke, Senior Vice Program Officer, General Services Administration (FDA) is announcing President) 925 Grand Avenue, Kansas Administration, Public Buildings that Peptide Technology Ltd. has filed City, Missouri 64198: Service (10PL), 400 15th Street SW., an application requesting approval for 1. Buerge Bancshares, Inc., Joplin, Auburn, Washington 98001–6599, or at the export of the animal drug TM Missouri; to acquire 100 percent of the (206) 931–7675. Ovuplant (deslorelin acetate) to voting shares of Peoples State Bank, Canada. Claremore, Oklahoma. Dated: March 24, 1995. ADDRESSES: Relevant information on Board of Governors of the Federal Reserve L. Jay Pearson, this application may be directed to the System, March 31, 1995. Dockets Management Branch (HFA– Regional Administrator (10A). Barbara R. Lowrey, 305), Food and Drug Administration, rm. 1–23, 12420 Parklawn Dr., Associate Secretary of the Board. [FR Doc. 95–8414 Filed 4–5–95; 8:45 am] Rockville, MD 20857, and to the contact [FR Doc. 95–8407 Filed 4–5–95; 8:45 am] BILLING CODE 6820±23±M person identified below. Any future BILLING CODE 6210±01±F inquiries concerning the export of animal drugs under the Drug Export Amendments Act of 1986 should also be GENERAL SERVICES DEPARTMENT OF HEALTH AND directed to the contact person. HUMAN SERVICES ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Gregory S. Gates, Center for Veterinary Public Buildings Service; Proposed Office of the Secretary Medicine (HFV–114), Food and Drug Port of Entry, Located at Pacific Administration, 7500 Standish Pl., Highway, Blaine, Whatcom County, Notice of Interest Rate on Overdue Rockville, MD 20855, 301–594–1617. WA; Notice of Availability for a Draft Debts Environmental Impact Statement SUPPLEMENTARY INFORMATION: The drug export provisions in section 802 of the The general Services Administration Section 30.13 of the Department of Federal Food, Drug, and Cosmetic Act (GSA) hereby gives notice a Draft Health and Human Services’ claims (the act) (21 U.S.C. 382) provide that Environmental Impact Statement (DEIS) collection regulations (45 CFR Part 30) FDA may approve applications for the has been prepared in accordance with provides that the Secretary shall charge export of drugs that are not currently the National Environmental Policy Act an annual rate of interest as fixed by the approved in the United States. Section (NEPA) of 1969, as amended. The DEIS Secretary of the Treasury after taking 802(b)(3)(B) of the act sets forth the was prepared for the proposed into consideration private consumer requirements that must be met in an expansion of the Port of Entry located at rates of interest prevailing on the date application for approval. Section Pacific Highway, Blaine, Whatcom that HHS becomes entitled to recovery. 802(b)(3)(C) of the act requires that the County, Washington. The DEIS is being The rate generally cannot be lower than agency review the application within 30 made available March 31, 1995. GSA is the Department of Treasury’s current days of its filing to determine whether the lead Federal agency for the value of funds rate or the applicable rate the requirements of section 802(b)(3)(B) preparation of the EIS. The DEIS have been satisfied. Section 802(b)(3)(A) determined from the ‘‘Schedule of evaluates the proposed action, the no- of the act requires that the agency Certified Interest Rates with Range of action, and three (3) design alternatives. publish a notice in the Federal Register Written comments should be as Maturities.’’ This rate may be revised within 10 days of the filing of an specific as possible and may address the quarterly by the Department of Health application for export to facilitate public adequacy of the EIS, the merits of the and Human Services in the Federal participation in its review of the alternatives discussed, the impacts Register. application. To meet this requirement, identified, and/or mitigation measures The Secretary of the Treasury has the agency is providing notice that recommended and be sent no later than Peptide Technology Ltd., 4–10 Inman certified a rate of 141⁄8 percent for the May 15, 1995 to GSA’s EIS quarter ended March 31, 1995. This Rd., Dee Why 2099, Australia, has filed subconsultant, Berger/ABAM, at the interest rate will remain in effect until application number 8019 requesting following address: 33301 Ninth Avenue approval for the export of the animal such time as the Secretary of the South, Federal Way, WA 98003. drug OvuplantTM (2.1 milligrams of Treasury notifies HHS of any change. Comments will also be accepted at a deslorelin per implant, as the acetate) to public meeting to be held on April 19, Dated: March 30, 1995. Canada. The drug is a subcutaneous 1995, at the Blaine Senior Center, 763 implant providing sustained release of a ‘‘G’’ Street, Blaine, Washington 98230. George Strader, gonadotropin releasing hormone analog. The meeting will be held from 5:30 p.m. Deputy Assistant Secretary, Finance. It is indicated for inducing ovulation in to 7:30 p.m. the oestrus mare. The application was [FR Doc. 95–8397 Filed 4–5–95; 8:45 am] Representatives of GSA and Berger/ received and filed in the Center for ABAM will receive comments from BILLING CODE 4150±04±M Veterinary Medicine on March 20, 1995, Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17535 which shall be considered the filing DATES: Written comments may be submission of a supplement and those date for purposes of the act. submitted at any time. which must await approval of a Interested persons may submit ADDRESSES: Submit written comments supplement prior to implementation. relevant information on the application to the Dockets Management Branch Thus, the guidance document outlines to the Dockets Management Branch (HFA–305), Food and Drug three categories for reporting changes, (address above) in two copies (except Administration, rm. 1–23, 12420 based on the importance and nature of that individuals may submit single Parklawn Dr., Rockville, MD 20857. the changes. The document lists copies) and identified with the docket Comments should be identified with the examples of changes that would fall into number found in brackets in the docket number found in brackets in the each category. heading of this document. These heading of this document. Two copies This document does not apply to submissions may be seen in the Dockets of any comments are to be submitted changes in manufacturing processes and Management Branch between 9 a.m. and except that individuals may submit one facilities associated with the 4 p.m., Monday through Friday. copy. A copy of the guidance document manufacture of Whole Blood, blood The agency encourages any person and received comments are available in components, Source Leukocytes, or who submits relevant information on the Dockets Management Branch Source Plasma. CBER is currently the application to do so by April 17, between 9 a.m. and 4 p.m., Monday evaluating reporting requirements in 1995, and to provide an additional copy through Friday. those areas. In addition, the guidance of the submission directly to the contact FOR FURTHER INFORMATION CONTACT: document does not address labeling person identified above, to facilitate Stephen M. Ripley, Center for Biologics changes. However, in the Federal consideration of the information during Evaluation and Research (HFM–635), Register of August 3, 1994 (59 FR the 30-day review period. Food and Drug Administration, 1401 39570), FDA published a notice of This notice is issued under the Rockville Pike, Rockville, MD 20852– availability for the revised Office of Federal Food, Drug, and Cosmetic Act 1448, 301–594–3074. Establishment Licensing and Product (sec. 802 (21 U.S.C. 382)) and under Surveillance Advertising and SUPPLEMENTARY INFORMATION: Under authority delegated to the Commissioner Promotional Labeling Staff (APLS) § 601.12 Changes to be reported (21 CFR of Food and Drugs (21 CFR 5.10) and Procedural Guidance Document. The 601.12), manufacturers are required to redelegated to the Center for Veterinary APLS Procedural Guidance document report important proposed changes in Medicine (21 CFR 5.44). details the approach that manufacturers location, equipment, management and and distributors should follow in Dated: March 24, 1995. responsible personnel, or in submitting advertising and promotional Robert C. Livingston, manufacturing methods and labeling, of material for review by CBER. The APLS Director, Office of New Animal Drug any product for which a license is in Procedural Guidance Document also Evaluation, Center for Veterinary Medicine. effect or for which an application for provides guidance on CBER’s current [FR Doc. 95–8451 Filed 4–5–95; 8:45 am] license is pending, to the Director, interpretation of § 601.12 as it applies to BILLING CODE 4160±01±F CBER. Such reports are to be filed by the reporting important proposed changes manufacturer not less than 30 days in in labeling; specifically, promotional advance of the time that such changes [Docket No. 95D±0052] labeling of biological products for which are intended to be made except in case a license is in effect or for which an Changes To Be Reported for Product of an emergency. Proposed changes in application for a license is pending. and Establishment License manufacturing methods and labeling As with other guidance documents, Applications; Guidance may not become effective until FDA does not intend this document to notification of acceptance is received be all inclusive. The document is AGENCY: Food and Drug Administration, from the Director, CBER. intended to provide information and HHS. Reporting changes under § 601.12 does not set forth requirements. ACTION: Notice. represents a significant workload for the Manufacturers may follow the guidance industry and the agency. In addition, or may choose to use alternative SUMMARY: The Food and Drug regulated industry has expressed procedures even though they are not Administration (FDA) is issuing a concern about delays in implementing provided in this document. If a guidance document entitled ‘‘Changes changes and inconsistencies in manufacturer chooses to use alternative to be Reported for Product and reporting requirements for product procedures, that manufacturer may wish Establishment License Applications; license applications (PLA’s), to discuss the matter further with CBER Guidance.’’ The guidance document is establishment license applications to prevent expenditure of resources on intended to provide manufacturers of (ELA’s), and new drug applications activities that FDA may later determine licensed biological products guidance (NDA’s). To reduce the reporting burden to be unacceptable. on changes in manufacturing on manufacturers of biological products This guidance document is not procedures and establishments which and to facilitate the approval process, binding on either FDA or licensed may be implemented with and without FDA is issuing this guidance document, manufacturers of biological products prior approval by the Director, Center which describes CBER’s current and does not create or confer any rights, for Biologics Evaluation and Research interpretation of § 601.12(a) and (b). privileges, or benefits for or on any (CBER). This document does not apply The guidance document is not person. to manufacturers of Whole Blood, blood intended to affect the reporting Interested persons may submit to the components, Source Leukocytes, and requirements currently specified in Dockets Management Branch (address Source Plasma, and it does not address § 601.12, but to provide clarifying above) written comments on the labeling changes. By following this descriptions of the types of changes that guidance document. Received guidance document, manufacturers of are currently considered to be comments will be considered to licensed biologicals may, in some ‘‘important’’ within the meaning of that determine if further revision to the instances, reduce their reporting burden section. In addition, the document guidance document is necessary. and facilitate implementation of certain clarifies the types of changes which may The text of the guidance document changes. be implemented 30 days after follows: 17536 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Food and Drug Administration, Center for This document identifies and categorizes submit a standard supplement, accompanied Biologics Evaluation and Research (CBER), the types of changes in manufacturing by all relevant supporting data, with a Changes to be Reported for Product and processes and establishments which may be request to implement not less than 30 days Establishment License Applications; implemented with and without prior following the supplement’s receipt by CBER’s Guidance approval by CBER. Document Control Center. Such supplements This guidance document is not binding on I. Introduction and Background should be clearly marked ‘‘Category II either FDA or licensed manufacturers of Supplement, Changes to be Implemented’’ at A significant number of supplements to biological products and does not create or the top of the cover letter. CBER will confirm approved biological product and confer any rights, privileges, or benefits for the submission and its receipt date in the establishment license applications submitted or on any person. It does, however, describe to CBER during an average year involve reference number assignment letter. CBER CBER’s current interpretation of § 601.12. intends to follow relevant application review changes which fall under § 601.12 Changes to Where this document reiterates a policies in assigning supplement review. be reported (21 CFR 601.12). requirement imposed by statute or regulation, CBER will process Category II changes as Under this regulation, important proposed the force and effect as law of the requirement changes in location, equipment, management is not changed in any way by virtue of its establishment or product license application and responsible personnel, or in inclusion in this document. supplements and will take official action on manufacturing methods and labeling, are Section A of this document contains such supplements on, before, or after this 30- required to be reported to CBER not less than general definitions of each category of change day period. If CBER officials do not contact 30 days in advance of the time such changes as it pertains to notification or reporting the sponsor via telephone or written are intended to be made (§ 601.12(a)). requirements outlined in § 601.12(a) and (b). correspondence within 30 days following the Proposed changes in manufacturing methods This section also defines a Periodic Report documented receipt date to question or reject and labeling may not become effective until for Category I changes. Section B of this the ‘‘Category II’’ status, the manufacturer notification of acceptance is received from document provides instruction on sending may implement the change. CBER may the Director, CBER (§ 601.12(b)). submissions to CBER. Section C of this communicate with the firm during this 30 This document is not intended to affect the document augments these definitions with day period for clarification or to advise that reporting requirements in § 601.12, but to selected examples of modifications the change is considered to be a Category III provide clarifying descriptions of those appropriately falling under each category. supplement (see description below). requirements. This guidance does not apply Section D of this document contains Manufacturers should be aware that to manufacturers of Whole Blood, blood guidance on categorizing proposed changes Category II changes are implemented subject components, Source Leukocytes, and Source which may not be listed in section C. Section to agency approval. The agency may refuse Plasma. Guidance on reporting requirements E of this document discusses the kind of to approve a supplement for a change that in those areas is currently under evaluation information the agency is asking has already been implemented. In assessing within CBER. In addition, this document manufacturers to submit in a Periodic Report. a manufacturer’s plans to correct a problem, does not address labeling changes. For guidance on the submission of advertising II. Guidance and Rationale the agency intends to consider the manufacturer’s reasons for making the and promotional material, see the Office of A. Definitions Establishment Licensing and Product change and the alternatives available to the Surveillance Advertising and Promotional General definitions of each category of manufacturer, among other things. If the Labeling Staff (APLS) Procedural Guidance reporting changes are as follows: circumstances warrant, the agency may Document (August 1994). 1. Category I—Change(s) for Which No require the change to be immediately To facilitate the approval process, CBER Supplement Submission is Required and discontinued. When circumstances permit, it performed a review of the types of changes Which May be Described in a Periodic Report is FDA’s intent to allow manufacturers to correct a problem with minimal expense and being reported and assessed the relative This category includes modifications to without unnecessary waste. impact of each change on product purity, procedures, process parameters, components, potency, and safety. Results of this analysis manufacturing methods, reagents, equipment 3. Category III—Change(s) Which Require have provided CBER the rationale for and facilities which do not rise to the level CBER Approval Prior to Implementation describing three categories of changes based of the ‘‘important’’ changes required to be on potential effect on product safety, purity, This category includes changes in reported under § 601.12. These are changes manufacturing methods and requires and potency, with each category associated that are designed to tighten control on the with a different notification mechanism. In manufactures to submit all relevant production process, or have not been supporting documentation and await CBER’s general, the types of changes for which CBER associated with adverse impact on product recommends less stringent reporting approval prior to implementation. As with safety, purity or potency. Manufacturers Category II submissions, CBER intends to represent changes which, for the most part, should qualify and, as necessary, validate follow relevant application review policies in have not been associated with demonstrable such changes before implementing them. assigning supplement review. effects on product purity, potency, or safety, These changes should be shown not to affect and/or which are readily amenable to on-site the integrity of the product. For this category, 4. Periodic Reports scrutiny during inspection of the production the manufacturer generates and retains all A Periodic Report is a voluntary written facility. In many instances, manufacturers relevant data defining (and, as necessary, will need to evaluate changes addressed in report submitted every 6 months listing and validating) changes which are implemented. briefly describing Category I changes and the three categories using validated standard In order to expedite the agency’s review of operating procedures (SOP’s) or providing the date of implementation of such changes, such data should be readily changes. Reports should include separate specifications. accessible for FDA-establishment Regardless of whether a supplement is descriptions of EACH change affecting a inspections. The agency recommends that the licensed product and should identify for each required to be filed, the manufacturer in firm notify CBER in a Periodic Report (see change the specific establishment location making such changes must conform to the description below) of the changes and dates involved. (See section E of this document for current good manufacturing practice (CGMP) of implementation. requirements of the Federal Food, Drug, and requested information.) Cosmetic Act (21 U.S.C. 351(a)(2)(B)) and the 2. Category II—Change(s) Requiring a B. Where to Submit Supplements and regulations in 21 CFR parts 210 and 211. Supplement Submission and Which May be Periodic Reports Changes affecting the method of manufacture Implemented Prior to CBER Approval require validation under the CGMP This category includes modifications to Three copies of all supplements and regulations. In addition, manufacturers must location, equipment, management, and periodic reports should be submitted to the comply with the recordkeeping requirements personnel that do not change manufacturing Center for Biologics Evaluation and Research under the CGMP regulations and ensure that methods, but have the potential to adversely (HFM–99), Food and Drug Administration, relevant records are readily available for FDA affect product safety, purity, and potency. 1401 Rockville Pike, suite 200N, Rockville, inspection. For these changes, the manufacturer should MD 20852–1448. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17537 C. Selected Examples data derived from studies following an FDA- v. Relocation of operations within the same 1. Category I approved protocol. production area of an approved facility with xvi. Rework of biologic product which has no change in equipment or room CBER currently considers the following failed final release testing using FDA- classification. examples to be changes that will not approved rework protocol. Note: Any lot of vi. Modification of an approved ordinarily rise to the level of the ‘‘important’’ product subject to rework should be so noted manufacturing area which does not adversely changes required to be reported under on the product release protocol. affect safety, purity or potency of product; § 601.12. These changes need not be xvii. Change in stability test protocol to e.g., adding new interior partitions or walls submitted to CBER prior to implementation include more stringent parameters; e.g., to increase control over the environment and and may be submitted in a periodic report as additional assays, tightened specifications, replacing or adding new surfaces to enhance ‘‘Category I changes.’’ This listing provides etc. cleaning. representative samples of Category I changes xviii. Replacement of equipment with that vii. Change in Responsible Head (21 CFR and is not all inclusive. of identical design and operating principle 600.10) or individuals serving in a capacity i. Change in purchasing source of approved involving no change in process parameters. of alternative or temporary Responsible final fill components (stoppers, vials, seals) xix. The following modifications of areas Head. that meet established specifications. This not used for production or storage of does not include change(s) in composition of intermediate or finished product (such as 3. Category III. such components or suppliers of ancillary testing laboratories, materials storage, CBER currently considers the following chemicals and drug products such as warehouse, employee break areas, etc.): examples to be ‘‘important’’ proposed diluents. (a) Addition of outside areas that do not changes in manufacturing methods. These ii. Change in harvesting and/or pooling adversely affect the product changes require CBER approval before they procedures which does not affect method of manufacturing area or utility systems; may be implemented under § 601.12(b), and manufacture, recovery, storage conditions, (b) Expansion or reorganization of off-site meet the definition of a ‘‘Category III sensitivity of detection of adventitious support space that does not affect the Supplement.’’ This listing provides agents, or production scale; e.g., collection in product manufacturing areas; representative samples of Category III smaller quantities to improve process (c) Modification to or relocation of support changes and is not all inclusive. efficiency. space within a product manufacturing i. Establishment of new Master Cell Bank. iii. Changes in cell inoculum; e.g, mode of facility that does not affect plant utility ii. Change in inhouse reference standard or expansion (attached versus suspension; systems and flow patterns, or adversely reference panel (panel member) resulting in bioreactor versus spinner), cell density, affect product purity or environmental modification of reference specifications. staging of culture. This excludes viral conditions (e.g., addition of half iii. Establishment of alternate test method products; e.g., vaccines and in vitro partitions or benches). for reference standards, release panels, diagnostic kits. xx. The relocation of equipment within product intermediates, or endproduct. iv. Change in storage conditions of appropriate areas of approved facilities, not iv. Replacement of existing test method reference standard or panel based on stability increasing risk to product purity or integrity with new procedure or method; e.g., change data generated with an FDA-approved of testing (e.g., relocation of fermentor in from radioimmunoassay (RIA) to enzyme- protocol. fermentation suite). linked immunosorbent assay (ELISA). v. Extension of dating period for in-house xxi. Upgrade in air quality, material, or v. Change in process parameters; e.g., reference standards, based on real-time data, personnel flow where product specifications growth cycle, chromatographic medium, according to an FDA-approved protocol. remain unchanged. Involves no change in process time and/or temperature, filtration vi. Replacement of inhouse reference equipment or physical structure of process. standard or reference panel (or panel production area. vi. Change in sequence of processing steps, member) according to FDA-approved xxii. Changes in personnel other than the including addition of processing step; e.g., standard operating procedures (SOP’s) and Responsible Head (21 CFR 600.10) or viral removal or inactivation. specifications. individuals serving in a capacity of vii. Change in production scale (up or vii. Tightening of specifications for alternative or temporary Responsible Head. down) involving changes in equipment, reference standard or lot release analyses. 2. Category II process parameters, or process methodology. viii. Establishment of new Working Cell CBER currently considers the following viii. Change in chemistry or formulation of Bank derived from previously approved examples to be ‘‘important’’ proposed solutions used during processing. Master Cell Bank according to an FDA- changes in location, equipment, management ix. Changes in conjugation chemistry or approved SOP. and responsible personnel. These changes process. ix. Narrowing (tightening) of specifications must be reported pursuant to § 601.12(a) and x. Change in composition of the biological for intermediates and endproducts to provide meet the definition of a ‘‘Category II product or ancillary components. greater assurance of product purity and Supplement.’’ This listing provides xi. Change in dosage form. potency. representative samples of Category II changes xii. Any change which results in detectable x. Use of alternative storage containers for and is not all inclusive. relaxing of product specifications and intermediates, with no change in sterility, i. Addition of back-up systems for modification in potency, sensitivity, or depyrogenation status, or composition of manufacturing processes which are identical specificity. container. to the primary system and serve as an xiii. Change in fill volume (per vial) from xi. Change in storage conditions of alternate resource (not expansion of capacity) an approved production batch size and/or inprocess intermediates based on data from within an approved production area. scale. an FDA-approved stability protocol (labeling ii. Upgrade to production air handling or xiv. Reprocessing of product without a not affected). water systems using like equipment and not previously approved reprocessing protocol. xii. Change in bulk pool size for affecting established specifications; e.g., xv. Change in stability testing program; formulation without process scale-up. removal of dead legs in water for injection e.g., substitution of analytical methods or xiii. Batch size changes for ancillary (WFI) system. (Does not include replacement potency assay, broadening of acceptance components (specimen diluents, positive of parts or routine repair and maintenance criteria, change in storage temperature, and/or negative controls, substrate buffers, (Category I).) change in test algorithm. etc.) where all equipment contact surfaces iii. Replacement of equipment with that of xvi. Extension of dating period for remain chemically identical to approved similar, but not identical, design and intermediate or endproduct. equipment. operating principle that does not affect the xvii. Change in storage conditions for xiv. Change in the number of vials per fill process methodology. licensed final product or intermediate based with no scale-up or impact on parameters iv. Expansion of existing manufacturing on real-time data from FDA-approved defined in the environmental assessment. support systems (WFI, heating, ventilation, stability protocol (labeling affected). xv. Change in shipping conditions (e.g., and air-conditioning (HVAC)); e.g., adding an xviii. The following changes in temperature, packaging, custody) based upon additional WFI loop. manufacturing location that affect process 17538 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices conditions and thereby have the potential to future filing, of a food additive petition Safety and Applied Nutrition (HFS– affect product safety, purity, or potency: (FAP 3B4378) proposing that the food 216), Food and Drug Administration, (a) Use of a previously unapproved additive regulations be amended to 200 C St. SW., Washington, DC 20204, manufacturing area or facility; provide for the safe use of sodium 2,2′- 202–418–3089. (b) Change in air quality, water quality, material, or personnel flow for licensed methylenebis(4,6-di-tert-butylphenyl) SUPPLEMENTARY INFORMATION: In a notice product manufacturing areas. phosphate as a clarifying agent in published in the Federal Register of (c) Change from single product polypropylene articles intended for April 25, 1994 (59 FR 19730), FDA manufacturing to multiple product contact with food to include the use at announced that a food additive petition manufacturing using same equipment temperatures up to and including retort (FAP 3B4384) had been filed by BASF and/or personnel. conditions. Corp., 9401 Arrow Point Blvd., suite (d) Renovation to physical structure that FOR FURTHER INFORMATION CONTACT: alters product, material, and/or 200, Charlotte, NC 28273. The petition personnel flow. Helen R. Thorsheim, Center for Food proposed to amend the food additive xix. Addition to or replacement of an FDA- Safety and Applied Nutrition (HFS– regulations in § 175.105 Adhesives (21 approved manufacturing step performed 216), Food and Drug Administration, CFR 175.105) to provide for the safe use under contract to a second facility. 200 C St. SW., Washington, DC 20204, of hydroxypropyl acrylate and 202–418–3092. D. Categorization of Proposed Changes butanediol diacrylate as monomers in SUPPLEMENTARY INFORMATION: In a notice the production of acrylic polymers Before implementing a change which is not intended for use in food packaging identified above or does not clearly fit into published in the Federal Register of one of the defined categories, manufacturers July 29, 1993 (58 FR 40656), FDA adhesives. BASF Corp. has now should discuss the proposed change with announced that a food additive petition withdrawn the petition without CBER. If guidance is not sought, the change (FAP 3B4378) had been filed by Asahi prejudice to a future filing (21 CFR should be reported in the form of a Category Denka Kogyo K. K., c/o Japan Technical 171.7). III supplement, subject to CBER approval Information Center, Inc., 1002 Dated: March 22, 1995. prior to implementation. Pennsylvania Ave. SE., Washington, DC Eugene C. Coleman, Requests for information regarding 20003. The petition proposed to amend categorization of proposed changes not Acting Director, Office of Premarket included in the above categories may be the food additive regulations in Approval, Center for Food Safety and Applied addressed to the Director of the appropriate § 178.3295 Clarifying agents for Nutrition. applications Division within the Office with polymers (21 CFR 178.3295) to provide [FR Doc. 95–8516 Filed 4–5–95; 8:45 am] for the safe use of sodium 2,2′- assigned product, or establishment, BILLING CODE 4160±01±F responsibility at the Center for Biologics methylenebis(4,6-di-tert-butylphenyl) Evaluation and Research (HFM–99), Food phosphate as a clarifying agent in and Drug Administration, 1401 Rockville polypropylene articles Health Care Financing Administration Pike, suite 200N, Rockville, MD 20852–1448. intended for contact with food to [BPO±130±N] E. Information Requested for Category I include the use at temperatures up to Periodic Reports and including retort conditions. Asahi Denka Kogyo K. K. has now withdrawn Medicare and Medicaid Programs; FDA requests that manufacturers submit Quarterly Listing of Program the following information for each Category the petition without prejudice to a future filing (21 CFR 171.7) Issuances and Coverage DecisionsÐ I change in the order shown: (1) Name of the Fourth Quarter 1994 manufacturer; (2) the establishment license Dated: March 22, 1995. number; (3) the report dates (time period Eugene C. Coleman, AGENCY: Health Care Financing covered by the report); (4) the product(s) Administration (HCFA), HHS. affected (list each one); (5) the change Acting Director, Office of Premarket implemented, including: (a) A brief Approval, Center for Food Safety and Applied ACTION: Notice. description and reason for the change and/or Nutrition. modification, (b) the establishment location [FR Doc. 95–8515 Filed 4–5–95; 8:45 am] SUMMARY: This notice lists HCFA involved, (c) the date the change was BILLING CODE 4160±01±F manual instructions, substantive and implemented, and (d) a cross-reference to the interpretive regulations and other Approved Validation Protocol or Standard Federal Register notices, and statements Operating Procedure, if applicable; and (6) [Docket No. 94F±0121] of policy that were published during the signature of the Responsible Head and October, November, and December of the date signed. BASF Corp.; Withdrawal of Food 1994 that relate to the Medicare and Additive Petition Dated: March 31, 1995. Medicaid programs. Section 1871(c) of William B. Schultz, AGENCY: Food and Drug Administration, the Social Security Act requires that we Deputy Commissioner for Policy. HHS. publish a list of Medicare issuances in [FR Doc. 95–8382 Filed 4–5–95; 8:45 am] ACTION: Notice. the Federal Register at least every 3 months. Although we are not mandated BILLING CODE 4160±01±F SUMMARY: The Food and Drug to do so by statute, for the sake of Administration (FDA) is announcing the completeness of the listing, we are [Docket No. 93F±0201] withdrawal, without prejudice to a including all Medicaid issuances and future filing, of a food additive petition Medicare and Medicaid substantive and Asahi Denka Kogyo K. K.; Withdrawal (FAP 3B4384) proposing that the food interpretive regulations (proposed and of Food Additive Petition additive regulations be amended to final) published during this timeframe. AGENCY: Food and Drug Administration, provide for the safe use of We are also providing the content of HHS. hydroxypropyl acrylate and butanediol revisions to the Medicare Coverage diacrylate as monomers in the ACTION: Notice. Issues Manual published between production of acrylic polymers intended October 1 and December 31, 1994. On SUMMARY: The Food and Drug for use in food packaging adhesives. August 21, 1989, we published the Administration (FDA) is announcing the FOR FURTHER INFORMATION CONTACT: content of the Manual (54 FR 34555) withdrawal, without prejudice to a Diane E. Robertson, Center for Food and indicated that we will publish Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17539 quarterly any updates. Adding to this regulations published from October 1 1993 (58 FR 16837), and those desiring listing the complete text of the changes through December 31, 1994. information on the Medicare Coverage to the Medicare Coverage Issues Manual II. Medicare Coverage Issues Issues Manual may wish to review the allows us to fulfill this requirement in August 21, 1989 publication (54 FR a manner that facilitates identification We receive numerous inquiries from 34555). of coverage and other changes in our the general public about whether To aid the reader, we have organized manuals. specific items or services are covered under Medicare. Providers, carriers, and and divided this current listing into five FOR FURTHER INFORMATION CONTACT: intermediaries have copies of the addenda. Addendum I identifies Margaret Cotton, (410) 966–5255 (For Medicare Coverage Issues Manual, updates that changed the Coverage Medicare instruction information); Pat which identifies those medical items, Issues Manual. We published notices in Prete, (410) 966–3246 (For Medicaid services, technologies, or treatment the Federal Register that included the instruction information); Michael procedures that can be paid for under text of changes to the Coverage Issues Robinson, (410) 966–5633 (For all other Medicare. On August 21, 1989, we Manual. These updates, when added to information). published a notice in the Federal material from the manual published on SUPPLEMENTARY INFORMATION: Register (54 FR 34555) that contained August 21, 1989 constitute a complete all the Medicare coverage decisions manual as of December 31, 1994. Parties I. Program Issuances issued in that manual. interested in obtaining a copy of the The Health Care Financing In that notice, we indicated that manual and revisions should follow the Administration (HCFA) is responsible revisions to the Coverage Issues Manual instructions in section IV of this notice. will be published at least quarterly in for administering the Medicare and Addendum II identifies previous Medicaid programs, which pay for the Federal Register. We also sometimes issue proposed or final national Federal Register documents that health care and related services for 38 contain a description of all previously million Medicare beneficiaries and 36 coverage decision changes in separate published HCFA Medicare and million Medicaid recipients. Federal Register notices. Readers Medicaid manuals and memoranda. Administration of these programs should find this an easy way to identify involves (1) Providing information to both issuance changes to all our Addendum III of this notice lists, for Medicare beneficiaries and Medicaid manuals and the text of changes to the each of our manuals or Program recipients, health care providers, and Coverage Issues Manual. Memoranda, a HCFA transmittal Revisions to the Coverage Issues the public; and (2) effective number unique to that instruction and Manual are not published on a regular communications with regional offices, its subject matter. A transmittal may basis but on an as-needed basis. We State governments, State Medicaid consist of a single instruction or many. publish revisions as a result of Agencies, State Survey Agencies, technological changes, medical practice Often it is necessary to use information various providers of health care, fiscal changes, responses to inquiries we in a transmittal in conjunction with intermediaries and carriers who process receive seeking clarifications, or the information currently in the manuals. claims and pay bills, and others. To resolution of coverage issues under Addendum IV sets forth the revisions implement the various statutes on Medicare. If no Coverage Issues Manual to the Medicare Coverage Issues Manual which the programs are based, we issue revisions were published during a regulations under authority granted the that were published during the quarter particular quarter, our listing will reflect Secretary under sections 1102, 1871, covered by this notice. For the revisions, that fact. we give a brief synopsis of the revisions and 1902 and related provisions of the Not all revisions to the Coverage Social Security Act (the Act) and also as they appear on the transmittal sheet, Issues Manual contain major changes. the manual section number, and the title issue various manuals, memoranda, and As with any instruction, sometimes statements necessary to administer the of the section. We present a complete minor clarifications or revisions are copy of the revised material, no matter programs efficiently. made within the text. We have reprinted Section 1871(c)(1) of the Act requires how minor the revision, and identify the manual revisions as transmitted to revisions by printing in italics the text that we publish in the Federal Register manual holders. The new text is shown that was changed. If the transmittal at least every 3 months a list of all in italics. We will not reprint the table includes material unrelated to the Medicare manual instructions, of contents, since the table of contents interpretive rules, statements of policy, serves primarily as a finding aid for the revised section, for example, when the and guidelines of general applicability user of the manual and does not identify addition of revised material causes other not issued as regulations. We published items as covered or not. sections to be repaginated, we do not our first notice June 9, 1988 (53 FR reprint the unrelated material. III. How to Use the Addenda 21730). Although we are not mandated Addendum V lists all substantive and to do so by statute, for the sake of This notice is organized so that a interpretive Medicare and Medicaid completeness of the listing of reader may review the subjects of all regulations and general notices operational and policy statements, we manual issuances, memoranda, published in the Federal Register are continuing our practice of including substantive and interpretive regulations, during the quarter covered by this Medicare substantive and interpretive or coverage decisions published during notice. For each item, we list the date regulations (proposed and final) the timeframe to determine whether any published, the Federal Register citation, published during the 3-month are of particular interest. We expect it to the title of the regulation, the parts of timeframe. Since the publication of our be used in concert with previously the Code of Federal Regulations (CFR) quarterly listing on June 12, 1992 (57 FR published notices. Most notably, those 24797), we decided to add Medicaid unfamiliar with a description of our which have changed (if applicable), the issuances to our quarterly listings. Medicare manuals may wish to review agency file code number, the ending Accordingly, we are listing in this Table I of our first three notices (53 FR date of the comment period (if notice Medicaid issuances and 21730, 53 FR 36891, and 53 FR 50577) applicable), and the effective date (if Medicaid substantive and interpretive and the notice published March 31, applicable). 17540 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices IV. How to Obtain Listed Material • HCFA program memoranda. items. Copies are not available through The titles of the Compilation of the the contact persons. Copies can be A. Manuals Social Security Laws are current as of purchased or reviewed as noted above. An individual or organization January 1, 1993. The remaining portions Questions concerning Medicare items interested in routinely receiving any of CD–ROM are updated on a monthly in Addenda III may be addressed to manual and revisions to it may purchase basis. Margaret Cotton, Issuances Staff, Bureau a subscription to that manual. Those The CD–ROM disk does not contain of Program Operations, Health Care wishing to subscribe should contact Appendix M (Interpretative Guidelines Financing Administration, Room 688 either the Government Printing Office for Hospices). Copies of this appendix East High Rise, 6325 Security Blvd., (GPO) or the National Technical may be reviewed at a Federal Depository Baltimore, MD 21207, Telephone (410) Information Service (NTIS) at the Library (FDL). 966–5255. following addresses: Any cost report forms incorporated in Superintendent of Documents, the manuals are included on the CD– Questions concerning Medicaid items Government Printing Office, Attn: ROM disk as LOTUS files. LOTUS in Addenda III may be addressed to Pat New Order, P.O. Box 371954, software is needed to view the reports Prete, Medicaid Bureau, Office of Pittsburgh, PA 15250–7954, once the files have been copied to a Medicaid Policy, Health Care Financing Telephone (202) 512–1800, Fax personal computer disk. Administration, Room 233 East High Rise, 6325 Security Blvd., Baltimore, number (202) 512–2250 (for credit V. How to Review Listed Material card orders); or MD 21207, Telephone (410) 966–3246. National Technical Information Service, Transmittals or Program Memoranda Questions concerning all other Department of Commerce, 5825 Port can be reviewed at a local FDL. Under information may be addressed to Royal Road, Springfield, VA 22161, the FDL program, government Michael Robinson, Office of Telephone (703) 487–4630. publications are sent to approximately Regulations, Health Care Financing In addition, individual manual 1400 designated libraries throughout the Administration, Room 132 East High transmittals and Program Memoranda United States. Interested parties may Rise, 6325 Security Blvd., Baltimore, listed in this notice can be purchased examine the documents at any one of MD 21207, Telephone (410) 966–5633. from NTIS. Interested parties should the FDLs. Some may have arrangements to transfer material to a local library not (Catalog of Federal Domestic Assistance identify the transmittal(s) they want. Program No. 93.773, Medicare—Hospital designated as an FDL. To locate the GPO or NTIS can give complete details Insurance, Program No. 93.774, Medicare— on how to obtain the publications they nearest FDL, individuals should contact Supplementary Medical Insurance Program, any library. sell. and Program No. 93.714, Medical Assistance In addition, individuals may contact Program) B. Regulations and Notices regional depository libraries, which Dated: March 23, 1995. receive and retain at least one copy of Regulations and notices are published Bruce C. Vladeck, in the daily Federal Register. Interested most Federal government publications, either in printed or microfilm form, for Administrator, Health Care Financing individuals may purchase individual Administration. copies or subscribe to the Federal use by the general public. These Register by contacting the GPO at the libraries provide reference services and Addendum I interlibrary loans; however, they are not address indicated above. When ordering This addendum lists the publication individual copies, it is necessary to cite sales outlets. Individuals may obtain information about the location of the dates of the most recent quarterly listing either the date of publication or the of program issuances and coverage volume number and page number. nearest regional depository library from any library. Superintendent of decision updates to the Coverage Issues C. Rulings Documents numbers for each HCFA Manual. For a complete listing, please publication are shown in Addendum III, refer to the listing in the January 3, 1995 Rulings are published on an quarterly notice (60 FR 132). infrequent basis by HCFA. Interested along with the HCFA publication and individuals can obtain copies from the transmittal numbers. To help FDLs March 17, 1994 (59 FR 12610) nearest HCFA Regional Office or review locate the instruction, use the August 5, 1994 (59 FR 40038) Superintendent of Documents number, them at the nearest regional depository November 14, 1994 (59 FR 56501) library. We also sometimes publish plus the HCFA transmittal number. For January 3, 1995 (60 FR 132) Rulings in the Federal Register. example, to find the Carriers Manual, Part 2—Program Administration (HCFA- Addendum II—Description of Manuals, D. HCFA’s Compact Disk-Read Only Pub. 14–2) transmittal entitled ‘‘Files Memoranda, and HCFA Rulings Memory (CD–ROM) Maintenance Program General’’, use the HCFA’s laws, regulations, and Superintendent of Documents No. HE An extensive descriptive listing of manuals are now available on CD–ROM, 22.8/6–2 and the HCFA transmittal Medicare manuals and memoranda was which may be purchased from GPO or number 127. published on June 9, 1988, at 53 FR 21730 and supplemented on September NTIS on a subscription or single copy VI. General Information basis. The Superintendent of Documents 22, 1988, at 53 FR 36891 and December list ID is HCLRM, and the stock number It is possible that an interested party 16, 1988, at 53 FR 50577. Also, a is 717–139–00000–3. The following may have a specific information need complete description of the Medicare material is contained on the CD–ROM and not be able to determine from the Coverage Issues Manual was published disk: listed information whether the issuance on August 21, 1989, at 54 FR 34555. A • Titles XI, XVIII, and XIX of the Act. or regulation would fulfill that need. brief description of the various • HCFA-related regulations. Consequently, we are providing Medicaid manuals and memoranda that • HCFA manuals and monthly information contact persons to answer we maintain was published on October revisions. general questions concerning these 16, 1992, at 57 FR 47468. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17541 ADDENDUM III.ÐMEDICARE AND MEDICAID MANUAL INSTRUCTIONS [October Through December 1994] Trans. No. Manual/Subject/Publication Number Intermediary Manual Part 2ÐAudits, Reimbursement Program Administration (HCFA±Pub. 13±2) (Superintendent of Documents No. HE 22.8/6±1) 400 • Files Maintenance ProgramÐGeneral. Records Retention and Disposal Schedule. Retention of Claims Files Materials. Microfilming of Files Material. IntermediaryÐFederal Records Center Relations. Location of Federal Records Centers. Procedures for Transfer of Material to Federal Records Centers. Requesting Forms for Transfer and Return of Material from Federal Records Centers. Report of Medicare RecordsÐForm HCFA±2556. Exhibits. 401 • Location of Federal Records Centers. Intermediary Manual Part 3ÐClaims Process (HCFA±13±3) (Superintendent of Documents No. HE 22.8/6) 1636 • Responsibility for Medicare Secondary Payer Outreach Program. Quarterly Supplement to Intermediary Workload Report (Form HCFA±1566A) General. Completing Quarterly Supplement to the Intermediary Workload Report, HCFA±1566A, Pages 1 and 2. Completing Quarterly Supplement to the Intermediary Workload Report, HCFA±1566A, Page 3. Completing Quarterly Periodic Interim Payment Report, HCFA±1566CÐGeneral. 1637 • Reporting Outpatient Surgery and Other Services. PPS Pricer Program. Provider-Specific Data Record Layout and Description. 1638 • Mammography Screening. Mammography Quality Standards Act. 1639 • Disallowance Form Letters HCFA±1954 and HCFA±1955. Explanation of Medicare Benefits Notice Specifications. 1640 • General Effect of Liability Insurance on Medicare Payment. Appeals Procedures for MSP Liability Overpayments. 1641 • Mammography Screening. Carriers Manual Part 2ÐProgram Administration (HCFA±14±2) (Superintendent of Documents No. HE 22.8/6±2) 127 • Files Maintenance ProgramÐGeneral. Records Retention and Disposal Schedule. Retention of Claims Files Materials. Microfilming of Files Materials. Report of Medicare RecordsÐForm HCFA±2556. Location of Federal Records Centers. Procedures for Transfer of Material to Federal Records Centers. Requesting Forms for Transfer and Return of Material from Federal Records Centers. Exhibits. 128 • Location of Federal Records Centers. Carriers Manual Part 4ÐProfessional Relations (HCFA-Pub. 14±4) (Superintendent of Documents No. HE 22.8/7±4) 9 • Responsibility in the Medicare Secondary Payer Outreach Program. 10 • National Registry of Physicians/Health Care Practitioners/Group Practices-Medicare Provider Identifier (UPIN). Ongoing Data Collection On Physicians/Health Care Practitioners/Group Applications. Physicians/Health Care Practitioners/Group Practices Record-Required Information and Format. Maintaining Physicians/Health Care Practitioner/Group Practice Membership. Validation of Physicians/Health Care Practitioners/Group Practices Credentials, Certifications, Sanction and License Informa- tion for Prior Practice. • UPIN Cross Referral Requirement. Maintenance of The Registry. Update Records. Rejections. Exceptions. Carrier Record Requirements. UPIN Carrier Record Layout. 17542 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices ADDENDUM III.ÐMEDICARE AND MEDICAID MANUAL INSTRUCTIONSÐContinued [October Through December 1994] Trans. No. Manual/Subject/Publication Number List of Medical School Codes. Carriers Manual Part 3ÐClaims Process (HCFA-Pub. 14±3) (Superintendent of Documents No. HE 22.8/7) 1501 • Quarterly Supplements to the Carrier Performance Report (Forms HCFA±1565A, HCFA±1565B, HCFA±1565C, and HCFA± 1565D)ÐGeneral. Completing Form HCFA±1565A. Completion of Items on Form HCFA±1565A. Completing Medicare Fraud Unit Quarterly Workload Status Report, HCFA±1565BÐGeneral. Completing Form HCFA±1565C. Completion of Items on Form HCFA±1565C. Completing Comprehensive Limiting Charge Compliance Program Quarterly Report HCFA±1565DÐGeneral. Completing Medicare Fraud Unit Quarterly Status Report, Form HCFA±1565B. Completing Carrier Limiting Charge Compliance Program Quarterly Report, Form HCFA±1565D. 1502 • Chiropractors. Manual Manipulation. Verification of Chiropractor's Qualifications. 1503 • Part B Provider Access to Limited Eligibility Data. Eligibility Data Available. Contractor Implementation. Data Format. Part B Eligibility Data Security Requirements. HCFA Standard Part B Eligibility Data Security Requirements. HCFA Standard Part B Eligibility Inquiry Flat File Specifications. HCFA Standard Part B Eligibility Response Flat File Specifications. 1504 • Type of Service. 1505 • Self-Administering of Drug or Biological. 1506 • List of Covered Surgical Procedures. 1507 • Rebundling of CPT±4 Codes. Program Memorandum Intermediaries (HCFA±Pub. 60A) (Superintendent of Documents No. HE 22.8/6±5) A±94±8 • Revised Wages Indexes for Ambulatory Surgical CentersÐPricer for 7.0 and 8.0. A±94±9 • FY 1995 Prospective Payment System and Other Bill Processing Changes. A±94±10 • Ambulatory Surgical CenterÐPricer 9.0. Program Memorandum Carriers (HCFA±Pub. 60B) (Superintendent of Documents No. HE 22.8/6±5) B±94±6 • 1995 Physician, Practitioner and Supplier Participation Enrollment and Fee Schedule Disclosure. B±94±7 • 1995 Physician, Practitioner and Supplier Participation Enrollment and Fee Schedule Disclosure. B±94±8 • Split Billing for Professional and Technical Components of Services. Program Memorandum Intermediaries/Carriers (HCFA±Pub. 60AB) (Superintendent of Documents No. HE 22.8/6±5) AB±94±8 • Revised Codes for Part B Ground Ambulance Services. Program Memorandum Medicaid State Agencies (HCFA±Pub. 17) (Superintendent of Documents No. HE 22.8/6±5) 94±8 • Title XIX, Social Security Act, Vaccines for Children Program. 94±9 • Title XIX, Social Security Act, Personal Care Services Provided in a Home or Other Location. Regional Office Manual Standards and Certification (HCFA±Pub. 23±4) (Superintendent of Documents No. HE 22.28/5:90±1) 55 • Developing the Budget Approval. Submittal of Budget Approval. Distribution of Approved Funds. Disbursement of Authorized Funds. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17543 ADDENDUM III.ÐMEDICARE AND MEDICAID MANUAL INSTRUCTIONSÐContinued [October Through December 1994] Trans. No. Manual/Subject/Publication Number The Budget Call. Monitoring State Agency Fiscal Budgets. 56 • Approval Procedures for Hospitals in the 50±99 Bed Category. Peer Review Organization Manual (HCFA±Pub. 19) (Superintendent of Documents No. HE 22.8/15) 40 • Introduction. MOA with State Agencies Responsible for Licensing/Certification of Providers/Practitioners. Model Memorandum of Agreement. 41 • Complaints to be Reviewed. Disposition of Complaints. Disclosing Information. Monitoring Hospital-Issued Notices of Noncoverage. Beneficiary Liability. Model Hospital-Issued Notice of Noncoverage Continued StayÐSwing Bed Only. 42 • DRG Validation Review. 43 • Training. Hospital Manual (HCFA±Pub. 10) (Superintendent of Documents No. HE 22.8/2) 673 • Billing for Mammography Screening. Mammography Quality Standards Act. 674 • Billing for Mammography Screening. Skilled Nursing Facility (HCFA±Pub. 12) (Superintendent of Documents No. HE 22.8/3) 332 • Billing for Mammography Screening. Mammography Quality Standards Act. 333 • Billing for Mammography Screening. State Medicaid Manual Part 3ÐEligibility (HCFA±Pub. 45±3) (Superintendent of Documents No. HE 22.8/10) 64 • Transfers of Assets for Less Than Fair Market Value. Treatment of Trusts. State Medicaid Manual Part 6ÐPayment for Services (HCFA±Pub. 45±6) (Superintendent of Documents No. HE 22.8/10) 26 • Listing of Multiple Source Drugs. State Medicaid Manual Part 7ÐQuality Control (HCFA±Pub. 45±7) (Superintendent of Documents No. HE 22.8/10) 52 • Computations of Financial Eligibility. Verification GuideÐCoverage Code 02 for OASDI Recipients. Verification GuideÐCoverage Code 01 or 03. Verification GuideÐCoverage Code 18 for QDWI Individuals. Verification GuideÐCoverage Code 25 for Individuals Whose Eligibility for Medicaid Has Otherwise Ceased. Verification GuideÐCoverage Code 26 for Individuals Whose Eligibility for Medicaid Has Otherwise Ceased. Verification GuideÐCoverage Code 29 for Individuals Receiving Home and Community-Based Services and Other Waiver Services. Verification GuideÐCoverage Code 31. Verification GuideÐCoverage Code 40 for AFDC Families. Coverage Issues Manual (HCFA±Pub. 6) (Superintendent of Documents No. HE 22.8/14) 72 • Blood Transfusions. 17544 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices ADDENDUM III.ÐMEDICARE AND MEDICAID MANUAL INSTRUCTIONSÐContinued [October Through December 1994] Trans. No. Manual/Subject/Publication Number 73 • Hydrophilic Contact Lens for Corneal Bandage. Home Health Agency Manual (HCFA±Pub. 11) (Superintendent of Documents No. HE 22.8/5) 273 • Home Health Certification and Plan of Care. State Operations Manual Provider Certification (HCFA±Pub. 7) (Superintendent of Documents No. HE 22.8/12) 265 • Hospice Regulations and Non-Medicare Patients. Operation of a Hospice Across State Lines. Compliance with Advance Directives. HospiceÐCitations and Description. Hospice Multiple Locations. Election of Hospice Benefit by Resident of a Skilled Nursing Facility, Nursing Facility, Intermediate Care Facility for the Men- tally Retarded, or Non-Certified Facility. Hospice Inpatient Services Furnished Directly or Furnished Under Arrangements. Hospice Home Visit Procedures. Model Consent for Hospice Home Visit Form. Hospice Survey and Deficiencies Report. Interpretive GuidelinesÐHospices. Rural Health Clinic and Federally Qualified Health Centers Manual (HCFA±Pub. 27) (Superintendent of Documents No. HE 22.8/19:985) 16 • Billing for Mammography Screening by Rural Health Clinic and Federally Qualified Health Centers. Mammography Qualified Standards Act. 17 • Billing for Mammography Screening by Rural Health Clinics and Federally Qualified Health Centers. Medicare/Medicaid SanctionÐReinstatement Report 94±13 • Report of Physician/Practitioners, Providers and/or Other Health Care Suppliers Excluded/Reinstated. 94±14 • Report of Physician/Practitioners, Providers and/or Other Health Care Suppliers Excluded/Reinstated. Addendum IV—Medicare Coverage blood in severe anemia, and to combat collection and reinfusion of blood lost Issues Manual shock in acute hemolytic anemia. during and immediately after surgery. B. Policy Governing Transfusions.— (For the reader’s convenience, new A. Definitions.— For Medicare coverage purposes, it is material and changes to previously 1. Homologous Blood Transfusion.— important to distinguish between a published material are in italics. If any Homologous blood transfusion is the transfusion itself and preoperative part of a sentence in the manual infusion of blood or blood components blood services; e.g., collection, instruction has changed, the entire line that have been collected from the processing, storage. Medically necessary is shown in italics. The transmittal general public. transfusion of blood, regardless of the includes material unrelated to revised 2. Autologous Blood Transfusion.— type, may generally be a covered service sections. We are not reprinting the An autologous blood transfusion is the under both Part A and Part B of unrelated material.) precollection and subsequent infusion Medicare. Coverage does not make a Transmittal No. 72; section 45–27 of a patient’s own blood. distinction between the transfusion of Blood Transfusions NEW 3. Donor Directed Blood homologous, autologous, or donor- INPLEMENTING INSTRUCTIONS— Transfusion.—A donor directed blood directed blood. With respect to the EFFECTIVE DATE: For services transfusion is the infusion of blood or coverage of the services associated with performed on or after 12–08–94. blood components that have been the preoperative collection, processing, Section 45–27, Blood Transfusions.— precollected from a specific and storage of autologous and donor- This section has been added to clarify individual(s) other than the patient and directed blood, the following policies the coverage and payment policies for subsequently infused into the specific apply. blood transfusions. patient for whom the blood is 1. Hospital Part A and B Coverage designated. For example, patient B’s and Payment.—Under § 1862(a)(14) of 45–27 BLOOD TRANSFUSIONS brother predeposits his blood for use by the Act, nonphysician services Blood transfusions are used to restore patient B during upcoming surgery. furnished to hospital patients are blood volume after hemorrhage, to 4. Perioperative Blood Salvage.— covered and paid for as hospital improve the oxygen carrying capacity of Perioperative blood salvage is the services. The inclusion of services Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17545 provided to hospital patients by an replaced, Medicare does not recognize a reimbursement) for the procedure in outside supplier as part of hospital charge for the blood itself. Therefore, which that process is used is intended services is referred to as ‘‘bundling.’’ In under cost reimbursement, these costs to encompass payment for all costs a situation where a hospital obtains are shared by all patients through cost relating to that process. either autologous or donor-directed apportionment. The costs incurred by Transmittal No. 73; Section 45–7, blood from an independent supplier, the the hospital to store, process, and Hydrophilic Contact Lens for Corneal supplier collects, processes, and stores transfuse the blood, as well as the cost Bandage. CLARIFICATION— the blood and, typically, delivers it to of spoiled or defective blood, are EFFECTIVE DATE: Not Applicable. the hospital. The hospital is responsible recorded in the blood storing, Section 45–7, Hydrophilic Contact for paying the supplier. processing, and transfusion cost center. Lens for Corneal Bandage.—This section Part A payment, as specified in The hospital may generate a charge for has been revised to explain how § 1814(b) of the Act, and Part B these costs (except for the cost of payment is provided for hydrophilic payment, as specified in § 1833(a) of the spoiled or defective blood) and, under contact lenses when they are furnished Act, relate to reasonable cost as defined cost reimbursement, Medicare picks up incident to a physician’s services. in § 1861(v) of the Act. Under this its share of these costs through cost Payment for the lenses is bundled into system, when a hospital obtains apportionment. Under PPS, the DRG the payment for the physician service to autologous or donor-directed blood from payment is intended to pay for all which it is incident. If the lenses are an independent blood bank, Medicare covered blood and blood services, covered as other than incident to a recognizes only a processing fee charged whether or not the blood is eventually physician’s service, they are not paid to the hospital by the independent blood used. under the physicians’ fee schedule and bank because the blood has been Under its provider agreement, a would be covered prosthetic devices, replaced, albeit in advance. The hospital is required to furnish or arrange which follow other payment provisions processing fee is recorded by the for all covered services furnished to of the Act. hospital in the blood storing, processing, hospital patients. Medicare payment is and transfusion cost center. This cost made to the hospital, under PPS or cost 45–7 HYDROPHILIC CONTACT LENS center also includes any costs the reimbursement, for covered inpatient FOR CORNEAL BANDAGE hospital itself incurs to process and and outpatient services, and it is Some hydrophilic contact lenses are administer the blood after it has been intended to reflect payment for all costs used as moist corneal bandages for the procured. This includes the cost of such of furnishing those services. treatment of acute or chronic corneal activities as storing, type crossmatching, 2. Nonhospital Part B Coverage.— pathology, such as bullous keratopathy, and transfusing the blood, as well as the Under Part B, to be eligible for separate dry eyes, corneal ulcers and erosion, cost of spoiled or defective blood. The coverage, a service must fit the keratitis, corneal edema, descemetocele, hospital may generate a charge for these definition of one of the services corneal ectasis, Mooren’s ulcer, anterior costs (except for spoiled or defective authorized by § 1832 of the Act. These corneal dystrophy, neurotrophic blood) and, under cost reimbursement, services are defined in 42 CFR 410.10 keratoconjunctivitis, and for other Medicare picks up its share of the costs and do not include a separate category therapeutic reasons. through cost apportionment. As for a supplier’s services associated with Payment may be made under provided in § 1886 of the Act, under the blood donation services, either § 1861(s)(2) of the Act for a hydrophilic prospective payment system (PPS), the autologous or donor-directed. That is, contact lens approved by the Food and diagnosis related group (DRG) payment the collection, processing, and storage Drug Administration (FDA) and used as to the hospital includes all covered of blood for later transfusion into the a supply incident to a physician’s blood and blood processing expenses, beneficiary is not recognized as a service. Payment for the lens is included whether or not the blood is eventually separate service under Part B. in the payment for the physician’s used. Therefore, there is no avenue through service to which the lens is incident. In a situation where the hospital which a blood supplier can receive Contractors are authorized to accept an operates its own blood collection direct payment under Part B for blood FDA letter of approval or other FDA activities, rather than using an donation services. published material as evidence of FDA independent blood supplier, the costs C. Perioperative Blood Salvage.— approval. (See § 65–1 for coverage of a incurred to collect autologous or donor- When the perioperative blood salvage hydrophilic contact lens as a prosthetic directed blood are recorded in the whole process is used in surgery on a hospital device.) See Intermediary Manual, blood and packed red blood cells cost patient, payment made to the hospital § 3112.4 and Carriers Manual, §§ 2050.1 center. Because the blood has been (under PPS or through cost and 15010. ADDENDUM V.ÐREGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTER Publication FR page End of com- Effective date numbers CFR part File code* Regulation title ment period date 10/03/94 ...... 50235±50240 ...... MB±084±NC Medicaid Program; Charges for ...... 10/01/94 Vaccine Administration Under the Vaccines for Children (VFC) Program. 10/03/94 ...... 50246±50253 ...... ORD±068±N Medicare and Medicaid Pro- ...... 10/03/94 grams; Small Business Innova- tion Research Grants for Fiscal Year 1995. 10/07/94 ...... 51125±51130 403 OBS±001±FC Medicare Program; Information, 12/06/94 10/07/94 Counseling, and Assistance Grants Program. 17546 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices ADDENDUM V.ÐREGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTERÐContinued Publication FR page End of com- Effective date numbers CFR part File code* Regulation title ment period date 10/13/94 ...... 51989 ...... MB±084±CN Medicaid Program; Charges for 12/12/94 10/01/94 Vaccine Administration Under the Vaccines for Children (VFC) Program Correction. 10/14/94 ...... 52129±52132 418 BPD±820±N Hospice Services Under Medicare 11/14/94 10/14/94 Program; Intent To Form Nego- tiated Rulemaking Committee. 10/19/94 ...... 52862 488 489 BPD±393±IFC Medicare Program; Participation 08/22/94 07/22/94 in CHAMPUS and CHAMPVA, Hospital Admissions for Veter- ans, Discharge Rights Notice, and Hospital Responsibility for Emergency Care OFR Correc- tion. 10/20/94 ...... 52968±52971 ...... HSQ±220±N CLIA Program; Approval of the ...... 10/20/94 American Society for Histocompatibility and Immunogenetics for the Spe- cialty of Histocompatibility. 10/20/94 ...... 52971±52972 ...... OPL±002±N Medicare Program; Request for ...... 10/20/94 Nominations for Members for the Practicing Physicians Advi- sory Council. 10/21/94 ...... 53187±53193 ...... BPO±124±PN Medicare Program; Data, Stand- 12/20/94 ...... ards, and Methodology Used to Establish Fiscal Year 1995 Budgets for Fiscal Intermediaries and Carriers. 11/10/94 ...... 56116±56252 401 431 435 HSQ±156±F Medicare and Medicaid Pro- ...... 07/01/95 440 441 442 grams, Survey, Certification 447 483 488 and Enforcement of Skilled 489 498 Nursing Facilities and Nursing Facilities. 11/14/94 ...... 56501±56510 ...... BPO±127±N Medicare and Medicaid Pro- ...... 11/14/94 grams; Quarterly Listing of Pro- gram Issuances and Covered Decisions-Second Quarter 1994. 11/16/94 ...... 59241±61629 ...... BPO±128±N Medicare and Medicaid Pro- ...... 11/16/94 grams; Delay in Implementation of the Medicare-Medicaid Cov- erage Data Bank Requirements. 11/17/94 ...... 59624 ...... MB±060±P Medicaid Program; Inpatient Psy- 01/17/94 ...... chiatric Services for Individuals Under Age 21. 11/21/94 ...... 59933±59943 417 OMC±008±F Medicare Program; Appeal Rights ...... 12/21/94 and Procedures for Bene- ficiaries Enrolled in Prepaid Health Care Plans. 11/22/94 ...... 60109±60156 205 MB±092±P Aid to Families With Dependent 01/23/95 ...... Children; National Voter Reg- istration Act of 1993; Implemen- tation. 11/23/94 ...... 60365 ...... OPL±003±N Medicare Program; Meeting of the ...... 11/23/94 Practicing Physicians Advisory Council. 12/01/94 ...... 61629±61628 ...... OACT±046±N Medicare Program; Part A Pre- ...... 01/01/95 mium for 1995 for the Unin- sured Aged and for Certain Dis- abled Individuals Who Have Exhausted Other Entitlement. 12/01/94 ...... 61629±61633 ...... OACT±047±N Medicare Program; Monthly Actu- ...... 01/01/95 arial Rates and Monthly Sup- plementary Medical Insurance Premium Rates Beginning Jan- uary 1, 1995. 12/01/94 ...... 61628±61633 ...... OACT±048±N Medicare Program; Inpatient Hos- ...... 01/01/95 pital Deductible and Hospital and Extended Care Services Coinsurance Amounts for 1995. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17547 ADDENDUM V.ÐREGULATION DOCUMENTS PUBLISHED IN THE FEDERAL REGISTERÐContinued Publication FR page End of com- Effective date numbers CFR part File code* Regulation title ment period date 12/06/94 ...... 62606±62609 493 HSQ±217±FC Medicare, Medicaid and CLIA 02/06/95 12/06/94 Programs; Extension of Certain Effective Dates for Clinical Lab- oratory Requirements and Per- sonnel Requirements for Cytologists. 12/08/94 ...... 63410±63635 410 414 BPD±789±FC Medicare Program; Refinements 02/06/95 01/01/95 to Geographic Adjustment Fac- tor Values, Revisions to Pay- ment Policies, Adjustments to the Relative Value Units (RVUs) Under The Physician Fee Schedule for Calender Year 1995, and the 5±Year Re- finement of RVUs. 12/08/94 ...... 63638±63646 ...... BPD±807±FN Physician Fee Schedule Update ...... 01/01/95 for Calendar Year 1995 and Physician Volume Performance Standard Rates of Increase for Federal Fiscal Year 1995. 12/13/94 ...... 64141±64153 405 482 BPD±421±F Medicare and Medicaid Pro- ...... 01/12/95 grams; Revisions to Conditions of Participation for Hospitals. 12/13/94 ...... 64153±64156 412 413 BPD±802±CN Medicare Program; Changes to ...... 10/01/94 the Hospital Inpatient Prospec- tive Systems and Fiscal Year 1995 Rates; Correction. 12/20/94 ...... 64482±65498 409 413 418 BPD±469±F Medicare Program; Medicare ...... 02/21/95 484 Coverage of Home Health Services, Medicare Conditions of Participation, and Home Health Aide Supervision. 12/23/94 ...... 66314±66316 ...... HSQ±221±N Medicare, Medicaid, and CLIA ...... 12/29/94 Programs; Clinical Laboratory Improvement Amendments of 1988 Continuance of Exemp- tion of Laboratories Licensed by the State of Washington. 12/29/94 ...... 67264±67265 ...... BPD±822±N Medicare Program; Hospice ...... 12/29/94 Wage Index. 12/29/94 ...... 67265 ...... BPD±823±N Medicare Program; Hospice ...... 12/29/94 Wage Index. *GNÐGeneral Notice; PNÐProposed Notice; FNÐFinal Notice; PÐNotice of Proposed Rulemaking (NPRM); FÐFinal Rule; FCÐFinal Rule with Comment Period; CNÐCorrection Notice; SNÐSuspension Notice; WNÐWithdrawal Notice; NRÐNotice of HCFA Ruling. [FR Doc. 95–8398 Filed 4–5–95; 8:45 am] year (FY) 1995, section 502(a), title V of this competition is Juanita Evans, BILLING CODE 4120±01±P the Social Security Act, was published M.S.W., telephone: (301) 443–4026. on February 13, 1995, at 60 FR 8244. Additionally, it has been determined Section 4.1.2.1. of this notice that amounts allocated for grants under Health Resources and Services announced the availability of funds for Section 4.1.2.2. are insufficient to Administration 4–6 grants in the Maternal, Infant, Child permit the award of 3 grants in the and Adolescent Health subcategory ‘‘Mental Health Resource Grants’’ Maternal and Child Health Services; priority identified as ‘‘Adolescent priority for FY 1995. As a result, this Federal Set-Aside Program; Genetic Health Resource Center.’’ Section competition will award 2 grants in FY Services and Maternal and Child 4.1.2.3. of this notice announced the 1995 of $500,000 each per year for up Improvement Projects for Fiscal Year availability of funds for 5 grants in the to 5 years. Finally, it has been (FY) 1995: Cancellation/Changes of Data Utilization subcategory, determined that amounts allocated for Cycle for Certain Grants and Since publication of this notice, it has grants under Section 4.1.2.3. are Cooperative Agreements; Extension of been determined that amounts allocated insufficient to permit the award of 5 Certain Application Deadline Dates for grants under Section 4.1.2.1. are grants in FY 1995 of $100,000 each per insufficient to permit the award of 4–6 year for 3 years. As a result, this Notice of Availability of Funds for grants in the ‘‘Adolescent Health competition will award up to 5 grants Special Project Grants and Cooperative Resource Center’’ priority for FY 1995. totalling up to $200,000 in FY 1995, Agreements; Maternal and Child Health As a result, this competition will award with awards ranging between $25,000 to Services; Federal Set-Aside Program; one grant in FY 1995 of $200,000 per $100,000 each per year for up to 3 years. Genetic Services and Maternal and year for up to 5 years. The programmatic Three of the deadline dates Child Improvement Projects for fiscal and technical information contact for announced in the February 13 Notice of 17548 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Availability of Funds for Special Project Management Review Activity (HCA5A1) Revise the functional statement for Grants and Cooperative Agreements; in its entirety. the Technical Services Section Maternal and Child Health Services; Revise the functional statement for (HCA5757) by adding the following Federal Set-Aside Program; Genetic the Information Resources Management items: (7) conducts personnel security Services and Maternal and Child Health Office (HCA54) by adding ‘‘IRMO’’ to and position sensitivity programs; (8) Improvement Projects for fiscal year item 10 before the words ‘‘information provides assistance in the (FY) 1995, are being extended. The security programs.’’ implementation of HHS Plan for a Drug deadline date for the remaining grant Revise the functional statement for Free Workplace. announced under Section 4.1.2.1. is the Office of the Director (HCA541), Delete the functional statement for the hereby extended to May 25, 1995. Information Resources Management Management Analysis and Services Additionally, the deadline date for Office HCA54) by adding ‘‘IRMO’’ to Office (HCA59) in its entirety and insert School Health Program grants under item (11) before the words ‘‘information the following: (1) Plans, coordinates, Section 4.1.2.2. is hereby extended to security programs.’’ and provides CDC-wide administrative, May 25, 1995. Finally, the deadline date Revise the functional statement for technical, management, and information for cooperative agreements for the Human Resources Management services in the following areas: Studies Partnership for Information and Office (HCA57), by deleting items (9) and surveys, delegations of authorities, Communication announced under through (12) and inserting the following organization and functions, information Section 4.2.2. is hereby extended to May items: (9) conducts CDC’s personnel security, Privacy Act, policy and 25, 1995. security and substance abuse programs; procedures, records management, (10) develops, maintains, and supports The rest of the notice remains as printing procurement and reproduction, information systems to conduct published. correspondence, forms design, personnel activities and provide timely An additional notice announcing publications distribution, issuances, information and analyses of CDC mail services, public inquiries, reports other cancellation/changes or extension personnel and staffing to CDC of application due dates was published and committee management; (2) management and employees; (11) develops and implements policies and on March 20, 1995 at 60 FR 14762 maintains liaison with PHS, HHS, and entitled Maternal and Child Health procedures in these areas; (3) conducts the U.S. Office of Personnel management control reviews and Services; Federal Set-Aside Program; Management in the area of human coordinates IG/GAO audits; (4) Genetic Services and Maternal and resources management; (12) administers maintains liaison with HHS, PHS, Child Improvement Projects for Fiscal the National Performance Rview (NPR) General Services Administration, the Year (FY) 1995: Cancellation of Cycle and Human Resources initiatives to Government Printing Office, National for Certain Grants and Cooperative meet current and future requirements. Archives and Records Administration, Agreements; Extension of Certain Revise the functional statement for and other Government and private Application Deadline Dates. the Office of the Director (HCA571), agencies. Dated: April 3, 1995. Human Resources Management Office Revise the functional statement for Ciro V. Sumaya, (HCA57) be deleting items (3) through the Office of the Director (HCA591), Administrator. (5) and inserting the following items: (3) Management Analysis and Services [FR Doc. 95–8450 Filed 4–5–95; 8:45 am] develops, maintains, and supports Office (HCA59), by deleting items (2) BILLING CODE 4160±15±P information systems to conduct and (3). personnel activities and provide timely Delete in its entirety the title and information and analyses on CDC functional statement for the Records Public Health Service personnel and staffing to CDC Management Activity (HCA5913). management and employees; (4) advises After the functional statement for the Centers for Disease Control and the Director, CDC, and other CDC Administrative Services Activity Prevention; Statement of Organization, management staff on all matters relating (HCA5912), Management Analysis and Functions, and Delegations of to human resources management; (5) Services Office (HCA59), insert the Authority administers the National Performance following: Review (NPR) and Human Resources Committee Management and Program Part H, Chapter HC (Centers for initiatives. Panels Activity (HCA592). (1) Develops Disease Control and Prevention) of the Revise the functional statement for and manages, in conjunction with CDC’s Statement of Organization, Functions, the Work Force Relations Branch grants management requirements, A and Delegations of Authority of the (HCA572), Human Resources CDC-wide special emphasis panel that Department of Health and Human Management Office, (HCA57), by is the primary review mechanism for Services (45 FR 67772–67776, dated deleting items (3) through (5) and assuring scientific and programmatic October 14, 1980, and corrected at 45 FR inserting the following items: (3) serves review of applications for grant support; 69296, October 20, 1980, as amended as liaison with the Office of Health and (2) coordinates committee management most recently at 59 FR 62406–62407, Safety and other CDC staff for personnel activities, including Federal advisory dated December 5, 1994) is amended to matters relating to substance abuse and committees, for CDC; (3) receives and reflect the realignment of functions other employee assistance programs; (4) reviews requests received from the within the Office of the Director, Office coordinates the Fair Share and public for information and publications, of Program Support, Centers for Disease Dependent Care programs. and responds to the requests or forwards Control and Prevention (CDC). Delete the title and functional to the appropriate CDC program for Section HC–B, Organization and statement for the Committee action; (4) prepares and/or selects, and Functions, is hereby amended as Management and Personnel Security plans for materials to respond to public follows: Section (HCA5722) in their entirety. inquiries from various audiences; (5) After the functional statement for the Revise the functional statement for coordinates the production and Office of Program Support (HCA5), the Operations Branch (HCA575) by maintenance of the Resource Index. Office of the Director (HCA5A), delete adding the following item: (8) conducts Delete in its entirety the functional the title and functional statement for the the personnel security program. statement for the Management Analysis Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17549 Branch (HCA597) and insert the Public Inquiries Activity (HCA59812). Dated: March 28, 1995. following: (1) Provides consultation and Publications Management Section Philip R. Lee, assistance to CDC program officials on (HCA5982). Assistant Secretary for Health. the establishment, modification, or Publications Planning and Procurement [FR Doc. 95–8385 Filed 4–5–95; 8:45 am] abolishment of organizational structures BILLING CODE 4160±15±M and functions; reviews and analyzes Unit (HCA59822). organizational changes; and develops Publications Graphics Unit (HCA59823). documents for approval by appropriate Information Distribution Section DEPARTMENT OF HOUSING AND CDC, PHS, or HHS officials; (2) (HCA5983). URBAN DEVELOPMENT conducts management and operational Publications Distribution Unit studies for CDC to improve the (HCA9832). Office of the Assistant Secretary for effectiveness and efficiency of HousingÐFederal Housing management and administrative systems Publications Inventory Unit Commissioner techniques, policies, and organizational (HCA59833). structures; (3) interprets, analyzes, and Mail Management Unit (HCA59834). [Docket No. N±95±3902; FR±3888±N±02] makes recommendations concerning Dated: March 28, 1995. Notice of Submission of Proposed delegations and redelegations of program and administrative authorities, David Satcher, Information Collection to OMB Director, Centers for Disease Control and and develops appropriate delegating AGENCY: Office of Housing—Federal Prevention. documents; (4) develops and Housing Commissioner, HUD. [FR Doc. 95–8412 Filed 4–5–95; 8:45 am] coordinates the implementation and ACTION: Notice. conduct of CDC-wide information BILLING CODE 4160±18±M security programs; (5) conducts a CDC- SUMMARY: The proposed information wide records management program, collection requirement described below including provision of technical Health Resources and Services has been submitted to the Office of assistance in the development and Administration; Section 1892 of the Management and Budget (OMB) for conduct of electronic records Social Security Act, as amended; review, as required by the Paperwork management activities; (6) coordinates Offset of Medicare Payments to Reduction Act. The Department is IG/GAO audit activities; (7) plans, Individuals to Collect Past-Due soliciting public comments on the directs, and coordinates requirements of Obligations Arising From Breach of subject proposal. Scholarship or Loan Contract; OMB Circulars A–76 and A–123 to ADDRESSES: Interested persons are Delegation of Authority conduct management review activities invited to submit comments regarding and to determine whether certain Notice is hereby given that in this proposal. Comments must be Agency functions might be more received by ten (10) days following the appropriately carried out through or by furtherance of the delegation of authority to the Assistant Secretary for publication of this notice. Comments commercial sources; (8) plans, develops, should refer to the proposal by name and implements policies and Health on January 31, 1995, the Assistant Secretary for Health has and should be sent to: Joseph F. Lackey, procedures in these areas, as Jr., OMB Desk, Office of Management appropriate. delegated to the Administrator, Health Resources and Services Administration, and Budget, New Executive Office Delete in its entirety the functional Building, Washington, DC 20503. statement for the Management Services with authority to redelegate, certain FOR FURTHER INFORMATION CONTACT: Branch (HCA598) and insert the authorities under Section 1892 of the Kay Weaver, Reports Management following: (1) Plans and conducts a Social Security Act, as amended publications management program, hereafter, pertaining to Offset of Officer, Department of Housing and including development, production, Medicare Payments to Individuals to Urban Development, 451 7th Street procurement, distribution, and storage Collect Past-Due Obligations arising Southwest, Washington, DC 20410, of CDC publications; (2) plans, directs, from Breach of Scholarship or Loan telephone (202) 708–0050. This is not a coordinates, and implements CDC-wide Contract. toll-free number. Copies of the proposed forms and other available documents information distribution services and The authorities hereby delegated are mail and messenger services, including submitted to OMB may be obtained (1) the authority to negotiate, approve, from Ms. Weaver. the establishment and maintenance of and sign Medicare Offset Agreements, SUPPLEMENTARY INFORMATION: mailing lists; (3) maintains liaison with and (2) the authority to inform the This contract suppliers, HHS, PHS, the Attorney General and the Inspector Notice informs the public that the Government Printing Office, and other General of the Department of Health and Department of Housing and Urban Government agencies on matters Human Services when a scholarship or Development has submitted to OMB, for pertaining to printing, copy preparation, loan obligor has refused to enter into, or expedited processing, an information reproduction, and procurement of has breached, a Medicare Offset collection package with respect to a printing; (4) serves as the focal point for Agreement. All other authorities under guide format which specifies the recommending polices and establishing Section 1892 have been delegated to, components of an application for procedures for matters pertaining to and remain with, the Administrator, approval by the Department of a energy conservation and recycling; (5) Health Care Financing Administration. national, regional, or multi-state plans, develops, and implements housing agency in connection with the policies and procedures in these areas, I provided for the ratification of all operation of a housing counseling as appropriate. actions taken by any Public Health program for renters, first-time After the functional statement for the Service officials, with respect to homebuyers, and homeowners Office of the Chief (HCA5981), Medicare offsets, prior to the effective experiencing financial difficulty. Guide Management Services Branch (HCA598), date of this delegation. formats for applications for local delete the following titles and The above delegation was effective on housing counseling agencies, associated functional statements in their entirety: March 28, 1995. with HUD Handbook 7610.1, had 17550 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices previous OMB approval under approval Office: Office of Housing—Federal Counseling Agency for local non-profits number 2502–0261. However, new Housing Commissioner. or public agencies. formats adapted to the character of Description of the Need for the B. Final Application for Approval as national, regional and multi-state Information and its Proposed Use a Housing Counseling Agency: (HUD– organizations are needed to allow them 9900–B)—Used to collect data for final to obtain HUD approval as counseling Section 106 of the Housing and Urban approval as a Housing Counseling agencies. Development Act, authorizes HUD to Agency for local non-profits or public The Department has submitted the approve organizations with knowledge agencies. and experience in housing counseling proposal for the collection of C. Preliminary Application for for the purpose of providing housing information, as described below, to Approval as a Housing Counseling counseling services to renters, first-time OMB for review, as required by the Agency: (HUD–9900–C)—Used to homebuyers and homeowners Paperwork Reduction Act (44 U.S.C. collect data for a preliminary experiencing financial difficulty. HUD Chapter 35); application for approval as a Housing recruits, trains, and approves mostly (1) The title of the information Counseling Agency for multi-state, community-based nonprofit collection proposal; regional and national organizations. (2) The office of the agency to collect organizations for the delivery of housing counseling services. In FY 1995, D. Final Application for Approval as the information; a Housing Counseling Agency: (HUD– (3) The description of the need for the national, regional and multi-state organizations will be eligible to 9900–D)—Used to collect data for final information and its proposed use; approval as a Housing Counseling (4) The agency form number, if participate for the first time. The tabulation sheet lists the Agency for multi-state, regional and applicable; collections of information required. All national organizations. (5) What members of the public will are required to administer the program E. Housing Counseling Agency Fiscal be affected by the proposal; in accordance with statutory and Year Activity Report: (HUD–9902)— (6) How frequently information regulatory requirements. The collection Used to collect data from Housing submission will be required; of information is necessary for: Counseling Agencies on their yearly (7) An estimate of the total number of • Meeting the requirements of the counseling activity. hours needed to prepare the information housing counseling grant agreement. F. Housing Counseling Client Survey submission including number of • Obtaining data needed to prepare (HUD–9908)—Used to collect data from respondents, frequency of response, and and support the housing counseling clients regarding the quality of service hours of response; invoices. provided by the Housing Counseling (8) Whether the proposal is new or an • Obtaining recommendations from Agency. extension, reinstatement, or revision of grantees for improving the program and an information collection requirement; G. Housing Counseling Activity and reducing the burden. Unit Log (HUD–9921)—Used by the and • Monitoring the agencies to Housing Counseling Agencies to record (9) The names and telephone numbers determine whether they should be information on their clients. (With HUD of an agency official familiar with the decertified, and their housing approval the agencies may substitute proposal and of the OMB Desk Officer counseling grant agreement terminated. for the Department. their own version of this form.) Form Numbers Respondents: Local housing Notice of Submission of Proposed A. Preliminary Application for counseling agencies and national, Information Collection to OMB Approval as a Housing Counseling regional, and multi-state housing Title of Proposal: Housing Counseling Agency: (HUD–9900–A)—Used to counseling organizations. Program and Recordkeeping collect data for a preliminary Frequency of Submission: Annual. Requirements. application for approval as a Housing Reporting Burden: No. of × Frequency of Hours per respondents response = response = Burden hours A...... 75 1 2 150 B...... 75 1 8 600 C...... 10 1 2 20 D...... 10 1 8 80 E...... 650 1 1.17 761 F...... 300 1 .25 75 G...... 431 200 .25 21,550 Total estimated burden hours: ...... 23,236 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17551 Status: Reinstatement, with change, of Actual Use of the Forms 8. Consulting With Persons Outside of a previously approved collection for HUD Concerning Collection of which approval has expired. A. Preliminary Application as a Information Housing Counseling Agency (HUD– Contact: Joseph F. Lackey, Jr. OMB 9900–A)—Used to collect data for a We consulted with the following (202) 395–6880; Bonnie Adkins HUD preliminary application for approval as HUD-approved housing counseling (202) 708–0614, ext. 2034. a Housing Counseling Agency for local agencies who have received counseling Authority: Section 3507 of the Paperwork non-profits or public agencies. grants: Reduction Act, 44 U.S.C. 3507; section 7(d) B. Final Application for Approval as TULC Non-Profit Housing Corp., 3901 of the Department of Housing and Urban a Housing Counseling Agency (HUD– Grand River Avenue, Detroit, MI Development Act, 42 U.S.C. 3535(d). 9900–B)—Used to collect data for final 48208, Mrs. Marguerite Evans, Dated: March 16, 1995. approval as a Housing Counseling Executive Director, Tel. (313) 964– Nicolas P. Retsinas, Agency for local non-profits or public 4207 Assistant Secretary for Housing—Federal agencies. Housing Opportunities, Inc., 133 Housing Commissioner. C. Preliminary Application as a Seventh Street, McKeesport, PA Supporting Statement—Housing Housing Counseling Agency (HUD– 15219, Mr. James P. Butler, President, Counseling Program and 9900–C)—Used to collect data for a Tel. (412) 664–1590. Recordkeeping Requirements preliminary application for approval as There were no major problems that a Housing Counseling Agency for multi- could not be resolved. A. Justification for the Collection of state, regional and national Other public contact was made with Information organizations. the following: Mortgage Bankers 1. Why the Collection of Information is D. Final Application for Approval as Association of America, 1125 15th Necessary a Housing Counseling Agency (HUD– Street NW., Washington, DC 20005, Tel. (202) 861–6500. Section 106 of the Housing and Urban 9900–D)—Used to collect data for final Development Act, authorizes HUD to approval as a Housing Counseling 9. Assurance of Confidentiality for approve organizations with knowledge Agency for Multi-state, regional and Respondents national organizations. and experience in housing counseling To assure that the information for the purpose of providing housing E. Housing Counseling Agency Fiscal provided to respondents by individuals counseling services to renters, first-time Year Activity Report (HUD–9902)— and families is kept confidential, we homebuyers and homeowners Used to collect data from Housing require that the counseling records of experiencing financial difficulty. HUD Counseling Agencies on their yearly each client be kept in a locked file or recruits, trains, and approves mostly counseling activity. secured room with access limited to community-based nonprofit F. Housing Counseling Client Survey staff housing counselors using the files. organizations for the delivery of housing (HUD–9908)—Used to collect data from 10. Additional Justification for counseling services. In FY 1995, clients regarding the quality of service Questions of a Sensitive Nature national, regional and multi-state provided by the Housing Counseling organizations will be eligible to Agency. We do not have any questions of a participate for the first time. G. Housing Counseling Activity and sensitive nature such as sexual The collection of information is Unit Log (HUD–9921)—Used by the preference or religious belief. However, necessary for: Housing Counseling Agencies to record in order to collect data on the type of • information on their clients. (With HUD clients being counseled, and to ensure Meeting the requirements of the that all clients are served equitably, the housing counseling grant agreement. approval the agencies may substitute their own version of this form.) HUD-approved housing counseling • Obtaining data needed to prepare agencies (respondents) must obtain and support the housing counseling 3. Use of Modern Technology information from their clients on the invoices. There is no available technology to family composition, race, ethnicity, sex, • Obtaining data needed to prepare reduce the information collection ages, income, expenses, debts incurred and support the housing counseling burden. and other related data. invoices. 4. Efforts to Identify Duplication Annualized Cost to the Federal • Monitoring the agencies to Government determine whether they should be We have carefully reviewed the forms The estimate of annualized cost per decertified, and their housing and their uses, and find no duplication respondent will vary depending on their counseling grant agreement terminated. of information. respective capabilities. However, we a. Description of Current Funding 5. Impact on Small Business estimate the annual cost to be $15.00 per hour × 21.67 burden hours, or $325. Funding for the Housing Counseling Not applicable. The annualized cost to the federal Program has been provided by the 6. Consequence to Federal Programs government for all collections will be 69 Congress for the fiscal year 95 in the Field Office staff at $18.00 per staff hour amount of $50,000,000. The burden involved is considered to × 2 hours and 15 minutes processing 2. Use and Need of Information be the minimum amount consistent time, or $2,691. Collected with statutory and regulatory requirements. 12. Burden of Collection of Information The tabulation sheet lists the 7. Special Circumstances for Collection See attached tabulation sheet. collections of information required. All of Information Inconsistent with the 13. Changes in Burden are required to administer the program Guidelines in 5 CFR 1320.6 in accordance with statutory and The increase in burden hours is due regulatory requirements. Not applicable. to an increase in the number of agencies 17552 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices in the program and also reflects a policy change to include national or regional entities. This change in policy is the direct result of the Department being approached by several national organizations wishing to play a more active role in the program. In addition, the Department wants to take advantage of a more efficient approach to administering the program. For example, nearly 40% of local counseling agencies currently participating could be managed through one national membership group, which would vastly reduce the number of individual grantees that HUD now must serve directly. This approach will also save HUD staff time. 14. Publishing and Collecting of Information for Statistical Use Not applicable. BILLING CODE 4210±27±M Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17553 17554 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17555 17556 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17557 17558 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17559 17560 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17561 17562 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17563 17564 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17565 17566 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17567 17568 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices [FR Doc. 95–8438 Filed 4–5–95; 8:45am] FILLING CODE 4210±27±C Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17569 DEPARTMENT OF THE INTERIOR discussed in the draft EA. The first DATES: The Bureau of Land Management alternate tract configuration would is asking the public for comments on Bureau of Land Management increase the size of the tract by adding issues which relate to the preparation of [WY±920±05±1320±01; WYW128322] the following lands to it: the planning analysis with respect to the T. 40 N., R. 71 W., 6th P.M., Wyoming above described land. Anyone wishing Environmental Statements; Section 34: Lot 1; to comment has until May 17, 1995 to Availability, etc.; Antelope Coal Co., T. 41 N., R. 71 W., 6th P.M., Wyoming send remarks to the address given WY; Coal Lease Application Section 26: Lots 12 and 13; below. Section 27: Lots 13 and 16; FOR FURTHER INFORMATION CONTACT: AGENCY: Bureau of Land Management, Total added to lease: 205.63 acres Mark H. Davis, Bureau of Land Interior. Total under this alternative: 822.83 acres Management, 411 Briarwood Drive, ACTION: Notice of Availability of the The second alternate tract Suite 404, Jackson, Mississippi 39206, draft Environmental Assessment (EA) configuration would reduce the size of telephone number: 601–977–5400. for the Antelope Coal Lease Application the tract by removing the following SUPPLEMENTARY INFORMATION: This (WYW128322) and Notice of Public lands: Hearing. planning and environmental analysis T. 41 N., R. 71 W., 6th P.M., Wyoming will be prepared in accordance with SUMMARY: This notice announces the Sec. 26: Lots 10, 11, 14 and 15. section 202 of the Federal Land Policy availability of the draft EA for a coal Total subtracted from lease: 161.77 acres and Management Act of 1976 and 43 Total under this alternative: 455.43 acres. lease application filed by Antelope Coal CFR 1610.8(b). Company. The EA was prepared to It is estimated that the tract as applied The planning analysis and assist the BLM in making a decision on for by Antelope Coal Company contains environmental assessment will be the proposed lease. In addition, notice approximately 57 million tons of prepared by an interdisciplinary team of is also given that a public hearing will recoverable coal. The lease application specialists. Records concerning be held on April 26, 1995, to solicit area is north of and contiguous with the preparation of the document will be public comment on the EA, the existing Antelope Mine, operated by the available at the Jackson District Office. proposed sale, and the Fair Market Antelope Coal Company. The company Dated: March 28, 1995. Value (FMV) and Maximum Economic applied to lease the proposed Antelope Robert V. Abbey, tract as a maintenance tract for the Recovery (MER) of the proposed lease District Manager. tract. Antelope Mine. Written comments will [FR Doc. 95–8480 Filed 4–5–95; 8:45 am] DATES: be accepted from the date of publication The public hearing will be held BILLING CODE 4310±GJ±M at 6:30 p.m., MDT, on Wednesday, April of this Notice in the Federal Register 26, 1995, at the Holiday Inn, 1450 through May 30, 1995. Comments may Riverbend Drive, Douglas, Wyoming. be submitted to the address listed above There will be an informal question and in writing, or expressed verbally at the [MT±020±1610±00] hearing. answer session starting at 6 p.m. MDT, Notice of Intent to Plan before the formal hearing proceedings Alan R. Pierson, begin to answer questions regarding the State Director. AGENCY: Bureau of Land Management Antelope coal lease application, or the [FR Doc. 95–8443 Filed 4–5–95; 8:45 am] (BLM), Montana/Dakotas, Interior. leasing process. The EA is scheduled for BILLING CODE 4310±22±M ACTION: Notice. release to the public in early April, 1995. The public comment period will SUMMARY: An environmental document end on Tuesday, May 30, 1995. [ES±020±05±1430±00] will be prepared for proposed areas of ADDRESSES: Comments, concerns, and critical environmental concern (ACECs) requests for copies of the EA should be Planning and Environmental Analysis, in the South Dakota Resource Area, addressed to Casper District Office, Newton County, Mississippi Dakotas District, North Dakota; and the BLM, Attn: Nancy Doelger, 1701 East Powder River and Billings Resource AGENCY: ‘‘E’’ Street, Casper, Wyoming 82601. Bureau of Land Management, Areas, Miles City District, Montana. The Interior. FOR FURTHER INFORMATION CONTACT: document will amend three resource Nancy Doelger or Mike Karbs, 307–261– ACTION: Notice of intent. management plans (RMPs): the Billings RMP (1983), the Powder River RMP 7600, FAX 307–234–1525, or contact the SUMMARY: At this time the Bureau of address listed above. (1984) and the South Dakota RMP Land Management (BLM), Eastern (1985). It will be based on the existing SUPPLEMENTARY INFORMATION: Antelope States, Jackson District, announces that statutory requirements and will meet Coal Company filed a coal lease a planning analysis and environmental the requirements of the Federal Land application on December 29, 1992, with assessment will be completed for the Policy and Management Act of 1976. the BLM pursuant to provisions of 43 following described land. The document will guide future CFR 3425.1 as a lease by application Choctaw Meridian, Newton County, management decisions for areas (LBA) for the following lands: Mississippi designated ACEC and is scheduled for T. 41 N., R. 70 W., 6th P.M. Converse County, T. 6 N., R. 12 E., completion by September 1996. Wyoming Sec. 21, SE1⁄4 NE1⁄4. Sec. 30: Lots 15–18; DATES: Any nominations, issues, T. 41 N., R. 71 W., 6th P.M. Converse County, This planning and environmental concerns or alternatives should be Wyoming analysis is being prepared to determine submitted to BLM on or before May 15, Sec. 25: Lots 5–8, 13, 14; the suitability of the above tract of land 1995. Sec. 26: Lots 9–11, 14, 15; for disposal under authority of the ADDRESSES: All submissions should be Total (applied for) 617.2 acres more or less. Color-of-Title Act of December 22, 1928 sent to the following address: BLM, The BLM is also considering two (amended by 67 Stat. 227; 43 U.S.C. Mary Bloom, Team Leader, Miles City alternate tract configurations, which are 1068, 1068a). Plaza, Miles City, Montana 59301. 17570 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices FOR FURTHER INFORMATION CONTACT: importance. The Pryor Mountains Alternatives will be developed to Mary Bloom, Team Leader, (406) 232– (75,000 public surface acres, Billings present a range of feasible management 7000. resource Area, Carbon County, actions. The ‘‘No Action Alternative’’ SUPPLEMENTARY INFORMATION: An ACEC Montana) are proposed for ACEC will be included in accordance with 43 is an area within the public lands where designation for the significant cultural CFR 1502.14(d) and represent the special management attention is values, sensitive plants and animals, continuation of current management. required to protect important historic, exceptional scenic values, nationally Meetings for the areas proposed for cultural or scenic values, fish and significant examples of natural ACEC designation are not yet wildlife resources or other natural processes and nominated National scheduled. If meetings are scheduled, systems, or to protect life and safety Natural Landmarks. The Red Dome- the public will be notified through local from natural hazards. Bridger Fossil Area (3,528 public news releases. In 1992, during the public surface acres, Billings Resource Area, The documentation on BLM’s participation phase on BLM’s Draft Carbon County, Montana) is proposed evaluations of relevance and importance Miles City District Oil and Gas RMP/EIS for ACEC designation because of will be made available at the BLM Amendment, the Sierra Club and The paleontological phenomena, scenic Powder River, Billings and South Wilderness Society proposed six areas values, and landforms that exemplify a Dakota Resource Area offices. for ACEC designation: Fossil Cycad, natural system or process. A proposed Development of this document will Pryor Mountains, Pompeys Pillar, and a designated National Natural require involvement of professionals Bridger Fossil-Red Dome, Finger Buttes, Landmark located within the area from these disciplines: archaeology, and Deadhorse Badlands. When the indicate national importance. Pompeys economics, forestry, geology, land use Record of Decision (1994) for the Pillar (431 public surface acres, Billings planning, minerals, range management, document was issued, it was decided Resource Area, Yellowstone County, recreation, realty, soil science and that these areas and two additional areas Montana) is proposed for ACEC wildlife management. The public will presented in the document: Meeteetse designation because of significant be provided the opportunity to review Spires and Weatherman Draw, would be cultural values and national importance. and comment on issues and ACECs Deadhorse Badlands (40,000 public analyzed in a separate Plan developed by BLM and to identify new surface acres, Powder River Resource Amendment. issues and potential ACECs. A mailing Area, Carter County, Montana) is The planning area for this Plan list is being developed and will be used proposed for ACEC designation because Amendment consists of BLM- to communicate with and solicit of scenic values, naturalness, fragile and administered lands in proposed ACECs comments from local, state and federal irreplaceable badlands features, and within the Billings, Powder River and agencies, Native American tribes, the size. Finger Buttes (3,800 public surface South Dakota Resource Areas. The Sierra Club, The Wilderness Society, acres, Powder River Resource Area, purpose and need, analysis process and and the public at large which may be Carter County, Montana) is proposed for request for nominations are included affected by the plan. As the planning ACEC designation because of scenic process proceeds, these publics will be below to solicit your participation in values and a rare plant species. The this process. encouraged to participate. Fossil Cycad Area (320 public surface The BLM is seeking information from The proposed action is to establish acres, South Dakota Resource Area, Fall areas that have special values and individuals, organizations, and agencies River County, South Dakota) was who may be interested or affected by the require special management attention as formerly a national monument. It is Areas of Critical Environmental Concern proposals. Specifically, we request any proposed for ACEC designation because nominations, issues, concerns or and to protect and enhance these areas of the significant paleontological to provide opportunities for scientific alternatives that should be addressed in resource and national importance. the plan. research and recreation for the public. The BLM previously nominated This notice meets the requirements of The Federal Land Policy and Meeteetse Spires and Weatherman 43 CFR 1610.7–2 for designation of Management Act (FLPMA) requires that Draw. Meeteetse Spires (960 public ACECs. priority be given to designation and surface acres, Billings Resource Area, protection of ACECs. The ACEC Carbon County, Montana) contains two Darrel Pistorius, designation indicates to the public that rare plants: Shoshonea pulvinata and Acting District Manager. BLM recognizes the area as having Townsendian spathulata. It is enjoyed [FR Doc. 95–8489 Filed 4–5–95; 8:45 am] significant values and has established by the recreating public because of the BILLING CODE 4310±DN±P special management measures to protect spectacular scenery. The BLM would those values. Designation also serves as manage this scenic area to protect the [CA±930±5410±00±B047; CACA 33365] a reminder that significant values or rare plants while allowing recreational resources exist which must be use by the public. Weatherman Draw Conveyance of Mineral Interests in accommodated in future management (2,250 public surface acres, Billings California actions or land use proposals in or near Resource Area, Carbon County, the ACEC. Montana) contains a unique cultural AGENCY: Bureau of Land Management, The public is asked to assist BLM in resource important for scientific Interior. identification of ACECs. Nominations research and of sacred value to Native ACTION: Notice of segregation. must meet both the relevance and Americans. The BLM would manage the importance criteria under the Code of area to preserve the site, and make it SUMMARY: The private land described in Federal Regulations: 43 CFR 1610.7–2(a) available for scientific research and for this notice, aggregating 40.00 acres, is to be considered as a potential ACEC. public interpretation. segregated and made unavailable for The following are the nominations The public is also requested to assist filings under the general mining laws already received by BLM and the the BLM in the identification of issues. and the mineral leasing laws to groups’ reasons for the nomination. Examples of potential issues (problems, determine its suitability for conveyance These areas have not yet been evaluated concerns) are: mineral development, of the reserved mineral interest by BLM for the areas’ relevance and recreational use and economics. pursuant to section 209 of the Federal Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17571 Land Policy and Management Act of entire withdrawal from 20 years to 50 This land will continue to be October 21, 1976. years. This notice closes the land for up managed by the Bureau of Land The mineral interests will be to 2 years from surface entry and Management. conveyed in whole or in part upon mining. The land will remain open to Jenny L. Saunders, favorable mineral examination. mineral leasing. Chief, Branch of Realty. The purpose is to allow consolidation DATES: Comments on the proposed [FR Doc. 95–8488 Filed 4–5–95; 8:45 am] of surface and subsurface of minerals withdrawal or request for public ownership where there are no known meeting must be received on or before BILLING CODE 4310±JB±P mineral values or in those instances July 5, 1995. where the reservation interferes with or ADDRESSES: precludes appropriate nonmineral Comments and meeting Geological Survey development and such development is a requests should be sent to the Colorado more beneficial use of the land than the State Director, Bureau of Land Federal Geographic Data Committee mineral development. Management, 2850 Youngfield Street, (FGDC); Public Meeting of the FGDC Lakewood Colorado, 80215–7076. Coordination Group FOR FURTHER INFORMATION CONTACT: Marcia Sieckman, California State FOR FURTHER INFORMATION CONTACT: AGENCY: Geological Survey, Interior. Office, Federal Office Building, 2800 Doris E. Chelius, BLM Colorado State Cottage Way, Room E–2845, Office, (303) 239–3706. ACTION: Notice of meeting. Sacramento, California 95825, (916) SUPPLEMENTARY INFORMATION: On March 979–2858. Serial No. CACA 33365. 21, 1995, the Secretary approved the SUMMARY: This notice is to invite public T. 12 S., R. 3 W., San Bernardino Meridian, petition to allow the Bureau of Land participation in a meeting of the FGDC Sec. 29, SE1⁄4NE1⁄4. Management to file an application to Coordination Group. Major topics for County—San Diego. withdraw the following described the meeting include fostering Minerals Reservation—All coal and other public land from settlement, sale, partnerships to promote the minerals. location or entry under the general land development of the National Spatial Upon publication of this Notice of laws, including the mining laws, subject Data Infrastructure (NSDI), and devising Segregation in the Federal Register as to valid existing rights: strategies to effectively involve the provided in 43 CFR 2720.1–1(b), the broad geospatial data community in the Grand Junction Archaeological Sites Ute actions and decisions of the FGDC. mineral interests owned by the United Principal Meridian Fruita Paleontological States in the private lands covered by Site TIME AND PLACE: May 10, 1995, from 1:30 the application shall be segregated to p.m. until 4 p.m. The meeting will be T. 1 N., R. 3 W., the extent that they will not be subject 1 1 1 1 held in Room Potomac 5, the Hyatt to appropriation under the mining and Sec. 13, SW ⁄4SE ⁄4 and S ⁄2SW ⁄4; Sec. 24, W1⁄2NE1⁄4 and NW1⁄4. Regency, Crystal City, 2799 Jefferson mineral leasing laws. The segregative Davis Highway, Arlington, VA. effect of the application shall terminate The area described contains approximately by publication of an opening order in 360 acres of public land in Mesa County. FOR FURTHER INFORMATION CONTACT: the Federal Register specifying the date The purpose of this withdrawal is to Jennifer Snyder, FGDC Secretariat, U.S. and time of opening; upon issuance of protect sites containing archaeological, Geological Survey, 590 National Center, a patent or other document of paleontological, and cultural values. 12201 Sunrise Valley Drive, Reston, conveyance to such mineral interest; or Virginia 22092; telephone (703) 648– Notice is hereby given that an two years from the date of publication 5514; facsimile (703) 648–5755; Internet opportunity for a public meeting is of this notice, whichever occurs first. ‘‘[email protected]’’. afforded in connection with this Dated: March 27, 1995. withdrawal amendment. If the SUPPLEMENTARY INFORMATION: The FGDC David McIlnay, authorized officer determines that a is a committee of Federal agencies meeting should be held, the meeting engaged in geospatial data activities. Chief, Branch of Lands. will be scheduled in accordance with 43 The FGDC Coordination Group oversees [FR Doc. 95–8417 Filed 4–5–95; 8:45 am] CFR 2310.3–1(c)(2). the FGDC subcommittees and working BILLING CODE 4310±40±P Any persons who desire to submit groups that address the establishment of comments, suggestions, or objections or standards for data content, quality, and who desire a public meeting for the transfer; encourages the exchange of [CO±932±4310±00; COC±55323] purpose of being heard on this proposed information and the transfer of data; and organizes the collection of geographic Amendment to Proposed Withdrawal; action must submit a written request to the Colorado State Director within 90 data to reduce duplication of effort. This Opportunity for Public Meeting; meeting of the FGDC Coordination Colorado days of the date of publication of this notice. Group will follow the 1995 National GeoData Forum being held at the same AGENCY: Bureau of Land Management, This application will be processed in location. A primary focus of the Forum Interior. accordance with the regulations set is to involve the entire geospatial data forth in 43 CFR part 2300. ACTION: Notice. community in building partnerships for For a period of 2 years from the date the development of the NSDI. SUMMARY: The Bureau of Land of publication of this notice in the Management proposes to amend their Federal Register, the land herein Dated: March 28, 1995. withdrawal application for the Grand described shall be segregated from James R. Plasker, Junction Archaeological Sites to include operation of the public land laws as Associate Chief, National Mapping Division. an additional 360 acres for the Fruita specified above, unless the application Paleontological site. This notice also is denied or cancelled or the withdrawal [FR Doc. 95–8416 Filed 4–5–95; 8:45 am] proposes to increase the term for the is made prior to that date. BILLING CODE 4310±31±M 17572 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices National Park Service Superintendent, Manzanar National objects from one previously repatriated Historic Site, P.O. Box 426, individual; 25NC23 in Nance County, Manzanar National Historic Site Independence, California 93526. NE, 47 bone fragments and one funerary Advisory Commission; Notice of Dated: March 24, 1995. object formerly associated with two Meeting Ross R. Hopkins, previously repatriated individuals; 25PK1 (the Clarks site) in Polk County, Notice is hereby given in accordance Superintendent, Manzanar National Park. NE, 2 bone fragments representing two with the Federal Advisory Committee [FR Doc. 95–8420 Filed 4–5–95; 8:45 am] individuals and 98 funerary objects Act that a meeting of the Manzanar BILLING CODE 4310±70±P formerly associated with three National Historic Site Advisory previously repatriated burials; 25PT1 Commission will be held at 1:00 p.m. (the Larson site) in Platte County, NE, (PST) on Friday, April 28, 1995 at the Notice of Inventory Completion for isolated bone fragments and one bone County of Inyo Administrative Center, Native American Human Remains and fragment representing one individual; Board of Supervisors’ Chambers, 224 N. Associated Funerary Objects From 25PT31 (the Christman site) in Platte Edwards Street (U.S. Highway 395), Nebraska and Kansas in the County, NE, an isolated bone fragment Independence, California to hear Possession of the Nebraska State representing one individual; 25SD2 (the presentations on issues related to the Historical Society, Lincoln, NE Leshara site) in Saunders County, NE, 2 planning, development, and AGENCY: National Park Service, Interior. bone fragments from one previously management of Manzanar National repatriated individual; and 25WT1 (Pike Historic Site. ACTION: Notice. Pawnee or the Hill Farm site) in The Advisory Commission was Webster, NE, 4 bone fragments and 129 established by Public Law 102–248, to Notice is hereby given in accordance funerary objects formerly associated meet and consult with the Secretary of with the provision of the Native with three individuals. Each of these the Interior or his designee, with respect American Graves Protection and twelve (12) sites have been identified as to the development, management, and Repatriation Act, 25 U.S. C. 3003(d), of Pawnee (1750–1876) occupations based interpretation of the site, including the the completion of an inventory of Native upon historic written records, cultural preparation of a general management American human remains and continuities, and geographical plan for the Manzanar National Historic associated funerary objects from forty- coincidence with identified Pawnee Site. six (46) sites in Nebraska currently in sites. Members of the Commission are as the possession of the Nebraska State follows: Historical Society, Lincoln, NE. The Nebraska State Historical Society also intends to repatriate human Mr. William Michael, Acting A detailed inventory and assessment remains representing a minimum of 71 Chairperson of these human remains and associated individuals and 84 funerary objects Mr. Ronald Izumita funerary objects has been made by the Ms. Sue Embrey Nebraska State Historical Society from eighteen (18) sites identified as Mr. Mas Okui professional curatorial, archeological Central Plains tradition. These include: Mr. Keith Bright staff, and outside specialists in physical 14SA1 (the Whiteford Ossuary) Saline Mr. Glenn Singley anthropology, in consultation with County, Kansas, 1 individual; 25CC1 Mr. Richard Stewart representatives of the Pawnee Tribe of (the Ashland site) Cass County, NE, 16 Mr. Vernon Miller Oklahoma and twenty-nine (29) other individuals with 74 funerary objects; Mr. Gann Matsuda tribes. 25CC17 (the Theodore Davis site) Cass Ms. Rose Ochi In 1990 and 1991, the Nebraska State County, NE, 1 individual; 25CC29 (the Ms. Martha Davis Historical Society repatriated human Kunkel Ossuary) Cass County, NE, 13 remains representing over 550 individuals with 3 funerary objects; The main agenda items at this initial individuals and over 33,000 associated 25CC214, Cass County, NE, 1 meeting of the Commission will include funerary objects from thirty-three (33) individual; 25CD3 (the Wiseman site), the following: sites to the Pawnee Tribe of Oklahoma. Cedar County, NE, 2 individuals; 25DO3 (1) Review of the provisions of the Additional human remains and cultural (the Bexten site) Douglas County, NE, 1 charter establishing the Commission. objects from twelve (12) of these sites individual; 25FT4 (the Medicine Creek (2) Designation by the members of the have since been discovered as part of site) Frontier County, NE, 1 individual; Commission of a Chairperson. the inventory process. These include: 25GY2 (the Wittwer site) Greeley (3) Status report on the development of 25BU1 (the Linwood site) in Butler County, NE, 1 individual; 25JF4 in Manzanar National Historic Site by County, NE, 2 bone fragments Jefferson County, NE, 1 individual with Superintendent Ross R. Hopkins. representing 2 individuals previously 4 funerary objects; 25MD3 in Madison (4) Review of the draft park General repatriated; 25HM2 (the Burial Ridge County, NE, 1 individual; 25NC12 (the Management Plan. One site) in Hamilton County, NE, 5 Elmer Cunningham site) Nance County, (5) General discussion of miscellaneous bone fragments from one previously NE, 1 individual; 25NH1 (the Heywood matters pertaining to future repatriated individual; 25MK14 in site) in Nance County, NE, 12 Commission activities and Manzanar Merrick County, NE, 2 funerary objects individuals; 25SD28 in Saunders National Historic Site development formerly associated with a previously County, NE, 1 individual; 25SY1 (the issues. repatriated burial; 25NC3 (the Wright Farnsworth or Fremont I site) in Sarpy This meeting is open to the public. It site) in Nance County, NE, 22 bone County, NE, 4 individuals; 25SY11 (the will be recorded for documentation, and fragments from two previously Sieh site) in Sarpy County, NE, 1 transcribed for dissemination. Minutes repatriated individuals; 25NC11 (the individual; 25WN3 (the Kelly site) in of the meeting will be available to the Vogel site) in Nance County, NE, a bone Washington County, NE, 12 individuals; public after approval of the full fragment from one previously and 25WN5 (the Renne site) in Commission. A transcript will be repatriated individual; 25NC20 (the Washington County, NE, 1 individual available after May 30, 1995. For a copy Genoa Village site) in Nance County, with 3 funerary objects. Each of these of the minutes contact the NE, bone fragments and 13 funerary sites have been identified as Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17573 representing Central Plains tradition these circumstances establish a Pawnee DEPARTMENT OF JUSTICE (A.D. 1000—1400) components based on cultural affiliation with these sites by a the presence of previously defined preponderance of the evidence in the Notice of Lodging of Settlement diagnostic traits involving: ceramic opinion of the Nebraska State Historical Agreement in Re Eagle-Picher decoration, stone tool form and Society. Moreover, this opinion and Industries, Inc. function, architecture, chronology, finding of cultural affiliation is Notice is hereby given that a proposed mortuary custom, subsistence pattern, bolstered by a careful evaluation of Settlement Agreement among the settlement pattern and geographic these remains by Nebraska State United States, the States of Michigan, location. Historical Society staff and other Oklahoma, and Arizona and Debtor The Central Plains tradition is experts, mentioned in paragraph two of Eagle-Picher Industries, Inc. and certain recognized by many anthropologists, of its subsidiaries was lodged on March based on a preponderance of the this Notice, which determined that the 28, 1995, with the United States evidence, as ancestral to the present-day remains from these sites cannot be Bankruptcy Court for the Southern Pawnee/Arikara, and possibly the assigned to any other tribal group or District of Ohio in In re Eagle-Picher Wichita, through recognition of broad other defined archeological context. On Industries, Inc., No. 1–91–00100. Under similarities and continuity in material the basis of all of the foregoing types of the Agreement, the Debtors agree to an culture, geography, and architecture. In evidence, these remains are reasonably allowed general unsecured claim for the addition, Pawnee and Arikara oral believed by the Nebraska State United States of $41,016,000 in the traditions conform to anthropologically- Historical Society to be culturally Debtors’ bankruptcy proceeding for based evidence showing cultural affiliated with the Pawnee Tribe. response costs and natural resource affiliation between these groups and the Based on the above mentioned damages under the Comprehensive Central Plains tradition. The Wichita information, officials of the Nebraska Environmental Response, and Arikara have agreed to allow the State Historical Society have Compensation, and Liability Act Pawnee to claim these remains. determined that pursuant to 25 U.S. C. The Nebraska State Historical Society (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., at also intends to repatriate other human 3001 (2), there is a relationship of the following twenty-three (23) sites: remains representing a minimum of 28 shared group identify which can be The Albion Sheridan Site in Albion, individuals and 228 funerary objects reasonably traced between these human Michigan; the Auto-Ion Site in from sixteen (16) sites within the remains and funerary objects and the Kalamazoo, Michigan; the Carver Scrap Pawnee aboriginal lands. These include: Pawnee Tribe of Oklahoma. All of the Salvage Site in Carterville, Missouri; the 25AP54 part of the Elkhorn Valley objects are reasonably believed to have Cedartown Site in Cedartown, Georgia; Project in Antelope County, NE, 1 been placed with or near individual the Cemetery Site in Oakland County, individual; 25BF15 in Buffalo County, Native American human remains either Michigan; the Cherokee County Site in NE, 1 individual with 1 funerary object; at the time of death or later as part of Cherokee County, Kansas; the Fisher- 25BF26 in Buffalo County, NE, 1 a death rite or ceremony. Calo Site in Kingsbury, Indiana; the Ft. individual; 25BU1 in Butler County, NE, Wayne Reduction Site in Ft. Wayne, Inventory of the human remains and Indiana; the Great Lakes Asphalt Site in 1 individual with 14 funerary objects; funerary objects and review of 25BU11 in Butler County, NE, 1 Boone County, Indiana; the Howe accompanying documentation from the individual; 25CU1 (the Forsythe site) in Valley Site in Elizabethtown, Kentucky; forty-six (46) sites listed above indicate Custer County, NE, 2 individuals; the Laskin/Poplar Site in Jefferson, 25FR32 (the West Bloomington Ossuary) that no known individuals were Ohio; the Northside Sanitary Landfill in Franklin County, NE, 1 individual identifiable. Site in Zionville, Indiana; the Oronogo- with 151 funerary objects; 25GY0 in The notice has been sent to officials Duenweg Mining Belt (Jasper County) Greeley County, NE, 1 individual; of the Pawnee Tribe of Oklahoma, the Site in Jasper County, Missouri; the 25HN0 in Harlan County, NE, 3 Three Affiliated Tribes, and the Wichita Rasmussen Dump Site in Livingston individuals with 3 funerary objects; and Affiliated Tribes. Representatives of County, Michigan; the Rose Township 25HN2 (the Stevenson site) in Harlan any other Indian tribe which believes Site in Oakland County, Michigan; the County, 9 individuals with 58 funerary itself to be culturally affiliated with Solvents Recovery Site in Southington, objects; 25HT14 in Holt County, NE, 1 these human remains and funerary Connecticut; the Springfield Township Site in Oakland County, Michigan; the individual; 25HW00 in Holt County, objects should contact Gail DeBuse Tar Creek Site in Ottawa County, NE, 1 individual; 25HW9 (the Bert Potter, Senior Museum Curator, Oklahoma; the Thermo-Chem Site in Mortensen site) in Howard County, NE, Nebraska State Historical Society, PO 1 individual; 25NC0 in Nance County, Muskegon, Michigan; the Transicoil Site Box 82554, Lincoln, NE 68501, NE, 1 individual; 25SM16 in Sherman in Worcester, Pennsylvania; the Verona telephone (402) 471–4759, fax: (402) County, NE, 1 individual; and 25VY0 in Wellfield/Thomas Solvent Site in Battle Valley County, NE, 1 individual with 4 471–3314, on or before May 22, 1995. Creek, Michigan; the Wayne Waste Oil/ funerary objects. Repatriation of the objects of the Wayne Reclamation Site in Columbia The unrebutted evidence is that each Pawnee Tribe of Oklahoma may begin City, Indiana; and the Xtron Site in of these sites is located within Pawnee after that date if no additional claimants Blandings, Utah. The Settlement aboriginal lands as adjudicated by the come forward. Agreement includes a covenant not to Indian Claims Commission. These lands Dated: March 24, 1995. sue for these sites as described in the were occupied historically by the Francis P. McManamon, Agreement under Sections 106 and 107 Pawnee Tribe to the exclusion of other Departmental Consulting Archeologist,Chief, of CERCLA and Section 7003 of the tribes, as adjudicated by the Indian Archeological Assistance Division. Resource Conservation and Recovery Claims Commission; and the Pawnee [FR Doc. 95–8419; Filed 4–5–95; 8:45 am] Act (‘‘RCRA’’), 42 U.S.C. 6973. The Tribe has a strong attachment to and BILLING CODE 4310±70±F Settlement Agreement also provides that affiliation with its aboriginal homeland certain obligations and liabilities arising by virtue of its long occupation from prepetition acts, omissions, or spanning centuries. Thus, the totality of conduct of Eagle-Picher at any 17574 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Additional Sites not owned by the given that a proposed consent decree in simultaneously with the Attorney debtors will be discharged under the United States v. City of Fort Morgan, General and the Federal Trade bankruptcy laws but will be liquidated Civil Action No. 94–C–492, was lodged Commission disclosing (1) the identities and satisfied as general unsecured on March 21, 1995 in the United States of the parties and (2) the nature and claims if and when the United States or District Court for the District of objectives of the venture. The the States undertake enforcement Colorado. The consent decree settles an notifications were filed for the purpose activities in the ordinary course. action brought under the Clean Water of invoking the Act’s provisions limiting Finally, the Settlement Agreement Act (the ‘‘Act’’), 33 U.S.C. 1251 et seq. the recovery of antitrust plaintiffs to provides the United States with an seeking an injunction and civil penalties actual damages under specified allowed claim of $1,176,000 for civil for the City of Fort Morgan’s violations circumstances. Pursuant to Section 6(b) penalties for violations of the Clean of the Act and for violations of the of the Act, the identities of the parties Water Act, 33 U.S.C. 1251 et seq., at an General Pretreatment Regulations, 40 are: Amoco Oil Co., Naperville, IL; BP Eagle-Picher facility in Joplin, Missouri. CFR Part 403. Pursuant to the consent Oil Co., Cleveland, OH; Conoco Inc., The Department of Justice will receive decree, the City has agreed to pay a civil Houston, TX; Gas Research Institute, comments relating to the proposed penalty of $268,000 and agreed to Chicago, IL; Oryx Energy, Dallas, TX; Settlement Agreement for 30 days institute a comprehensive compliance Texaco Inc., Port Arthur, TX; ANR following the publication of this Notice. program to bring the City into Pipeline, Detroit, MI; Chevron Research Comments should be addressed to the compliance with all requirements of the & Technology, Richmond, CA; Exxon Assistant Attorney General of the pretreatment regulations. Research & Engineering Co., Florham Environment and Natural Resources The Department of Justice will Park, NJ; Mobil Inc., Princeton, NJ; Shell Division, Department of Justice, receive, for a period of thirty (30) days Development C., Houston, TX; and Washington, DC 20530, and should refer from the date of this publication, Union Oil Company of California, Brea, to In re Eagle-Picher Industries, Inc., et comments relating to the proposed CA. al., D.J. Ref. No. 90–11–3–747. consent decree. Comments should be The nature and objectives of the Commenters may request an addressed to the Assistant Attorney research program performed in opportunity for a public meeting in the General for the Environment and accordance with PERF Project No. 93– affected area, in accordance with Natural Resources Division, Department 25 are to perform remediation studies of Section 7003(d) of RCRA. of Justice, Washington, DC 20530, and contaminated groundwater via air The proposed Settlement Agreement should refer to United States v. City of sparging, biosparging, or other may be examined at the Office of the Fort Morgan, DOJ Ref. #90–5–1–1–4041. innovative delivery systems. United States Attorney for the Southern The proposed consent decree may be Constance K. Robinson, District of Ohio, U.S. Post Office & examined at the office of the United Director of Operations, Antitrust Division. Courthouse, 5th & Walnut Streets, Room States Attorney, 1961 Stout Street, Suite [FR Doc. 95–8485 Filed 4–5–95; 8:45 am] 220, Cincinnati, Ohio 45202; the Region 1200, Denver, Colorado 80294; and at V Office of the United States the Consent Decree Library, 1120 G BILLING CODE 4410±01±M Environmental Protection Agency, 77 Street NW., 4th Floor, Washington, DC West Jackson Street, Chicago, Illinois 20005, (202) 624–0892. A copy of the Drug Enforcement Administration 60604; and at the Consent Decree proposed consent decree may be Library, 1120 G Street NW., 4th Floor, obtained in person or by mail from the [Docket No. 93±51] Washington, DC 20005 (202–624–0892). Consent Decree Library, 1120 G Street A copy of the proposed Settlement NW., 4th Floor, Washington, DC 20005. Frank's Corner Pharmacy; Revocation Agreement may be obtained in person or In requesting a copy please refer to the of Registration by mail from the Consent Decree referenced case and enclose a check in On June 4, 1993, the Deputy Assistant Library, 1120 G Street NW., 4th Floor, the amount of $5.50 (25 cents per page Administrator (then Director), Office of Washington, DC 20005. In requesting a reproduction costs), payable to the Diversion Control, Drug Enforcement copy of the Settlement Agreement Consent Decree Library. Administration (DEA), issued an Order without attachments, please enclose a Joel Gross, to Show Cause to Frank’s Corner check in the amount of $13.50 (25 cents Acting Chief, Environmental Enforcement Pharmacy (Respondent), of Detroit, per page for reproduction costs), Section. Michigan, proposing to revoke its DEA payable to the Consent Decree Library. [FR Doc. 95–8483 Filed 4–5–95; 8:45 am] Certificate of Registration, BF1175466, In requesting a copy of the Settlement BILLING CODE 4410±01±M and deny any pending applications for Agreement with attachments, please renewal of such registration. The enclose a check in the amount of $33.00 statutory basis for the Order to Show (25 cents per page for reproduction Antitrust Division Cause was that Respondent’s continued costs), payable to the Consent Decree registration would be inconsistent with Library. Notice Pursuant to the National Cooperative Research and Production the public interest pursuant to 21 U.S.C. Joel M. Gross, 823(f) and 824(a)(4). Acting Section Chief, Environmental Act of 1993; Petroleum Environmental Research Forum (``PERF'') Project No. On July 23, 1993, Respondent, Enforcement Section, Environment and through counsel, requested a hearing on Natural Resources Division. 92±25 the issues raised in the Order to Show [FR Doc. 95–8484 Filed 4–5–95; 8:45 am] Notice is hereby given that, on Cause and the matter was docketed BILLING CODE 4410±01±M December 16, 1994, pursuant to Section before Administrative Law Judge Paul 6(a) of the National Cooperative A. Tenney. Following prehearing Notice of Lodging of Consent Decree Research and Production Act of 1993, procedures, a hearing was held in Pursuant to the Clean Water Act 15 U.S.C. 4301 et seq. (‘‘the Act’’), Detroit, Michigan on May 3 and 4, 1994. Conoco Inc., acting on behalf of the On August 29, 1994, Judge Tenney In accordance with Departmental participants in the PERF Project No. 93– issued his Findings of Fact, Conclusions policy, 28 CFR 50.7, notice is hereby 25, has filed written notifications of Law and Recommended Ruling Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17575 recommending that Respondent’s pay a $5,000 fine and placed on which was dispensed by Respondent on registration be suspended for a period probation for one year and Respondent the same date-four days after the initial not exceeding six months. The pharmacy also was placed on probation prescription was dispensed. Government filed exceptions to Judge for one year. This patter continued approximately Tenney’s opinion on September 19, On February 28, 1991, DEA every two months through February 1994. Respondent filed its exceptions to conducted an audit of four controlled 1991, with the individual obtaining two Judge Tenney’s opinion and its response substances covering the period June 6, or more prescriptions for Tylenol #3 and to the Government’s exceptions on 1990 through February 28, 1991, #4, from a combination of four September 30, 1994, and filed following reports of excessive purchases physicians, which Respondent would corrections to those exceptions on of controlled substances by Respondent subsequently dispense within days of October 11, 1994. from local drug distributors. The audit each prescription. At the hearing on this On October 14, 1994, the revealed a shortage of 1,870 dosage matter, Mr. Goldstein testified that he administrative law judge transmitted the units of Valium 10 milligram tablets. had contacted each of the prescribing record of these proceedings, including Respondent’s computer dispensing physicians who indicated that, although the exceptions, to the Deputy records for the period covering February the individual was a drug addict, Mr. Administrator. The Deputy 2, 1990 through February 7, 1991, Goldstein should not be concerned Administrator has considered the record revealed that 78 entries lacked about the prescriptions. in its entirety and hereby issues his final corresponding paper prescriptions Prescriptins written for two other order pursuant to 21 CFR 1316.67, based which should have been retained by individuals were filled under similar upon the findings of fact and Respondent. Mr. Goldstein subsequently circumstances. Respondent received a conclusions of law as set forth herein. found, and produced at the hearing, a prescription issued to one individual for The administrative law judge found number of prescriptions which he 30 dosage units of Tylenol #3 on June that, in September 1986, Alvin maintained had been accidentally 4, 1990, which was dispensed the same Goldstein, R.Ph (Mr. Goldstein), a placed at his home with other day. Respondent then dispensed pharmacist licensed by the State of prescriptions for non-controlled another prescription for Tylenol #3 Michigan, became a 50% stockholder substances. Judge Tenney found that written to the same person by a second owner of Respondent, a pharmacy Mr. Goldstein was responsible for the physician on June 7, 1990. Under the licensed and operated in the State of unaccounted prescriptions. instructions of the first prescription, this Michigan. From September 1987 In addition, the investigation revealed individual should not have finished the onward, Respondent’s principal that Respondent dispensed a prescription for seven days. Respondent stockholder and operator has been Mr. combination of glutethimide (brand dispensed the second prescription only Goldstein. name ‘‘Doriden’’) and Tylenol #4, a On October 5, 1989, the Michigan combination known to have a high three days after the first. Board of Pharmacy (the Board) filed an abuse potential and which typically is On January 10, 1990, a third administrative complaint charging not prescribed for a legitimate medical individual was issued a prescription for # Respondent and Mr. Goldstein with purpose. Mr. Goldstein testified that he 30 dosage units of Tylenol 4 with one violations of Michigan regulations did not agree with manufacturers’ refill. This prescription was dispensed pertaining to controlled substance guidelines with respect to glutethimide by Respondent on January 15, 1990. recordkeeping and shortages of because new studies may refute those Two days later, Respondent dispensed a controlled substances based upon an guidelines. He also testified that he did second prescription for 30 dosage units #4 audit conducted by the Board on June not receive any information from the of Tylenol to the individual based on 29, 1988. The Board’s initial order was State of Michigan, the DEA or any other the prescription of a different physician. appealed to the Michigan Circuit Court source notifying him that glutethimide Throughout 1990, this individual for the County of Oakland where it was in combination with Tylenol #4 is received two prescriptions for Tylenol # affirmed in part, and reversed in part, dangerous or should not be prescribed approximately every two months, from on January 14, 1994. The circuit court in excess of seven dosage units. two different physicians. The affirmed the Board’s order to the extent Judge Tenney found that Mr. prescriptions were dispensed by it found that Respondent and Mr. Goldstein knew or should have known Respondent within days of each other. Goldstein: (1) Were responsible for of the dangers of combining the One physician informed Mr. Goldstein shortages of controlled substances controlled substances and chose to that this individual was a codeine (including Darvocet, Tylenol with ‘‘shut his eyes’’ while filling addict. codeine #4, and Valium); (2) were prescriptions. He further found that the The DEA investigator, who testified at negligent in the practice of pharmacy; prescriptions were not issued in the the hearing, placed some reliance on the (3) were incompetent under applicable usual course of professional treatment. number of days set forth in Michigan State law based upon a 14% On several occasions Respondent Respondent’s computer records as to the shortage of Darvocet; (4) failed to dispensed two prescriptions of the same amount of days that should pass prior comply with a state administrative or similar controlled substance to the to refilling prescriptions. In response, subpoena by not supplying the state same individual within days of Mr. Goldstein testified that his investigators with records required to be dispensing the original prescription. computer record of the number of days kept pursuant to Michigan law; and (5) The prescriptions in question typically that should pass prior to refiling a failed to produce drug utilization were issued by different physicians. In prescription is an arbitrary number and reports as required under Michigan law. one such example, a physician issued does not represent the number of days The circuit court remanded the case an individual a prescription for 30 that should pass before a prescription is back to the Board which issued its dosage units of Tylenol #3 on January refilled. Judge Tenney, while accepting Amended Final Order on Remand on 24, 1990, which was dispensed by Mr. Goldstein’s explanation of the April 22, 1994. The amended order Respondent on January 25, 1990. On numbers, found that the practice of suspended Respondent’s controlled January 29, 1990, a second physician dispensing prescriptions for the same substances license for a period of three issued a 30 dosage unit prescription for controlled substances to one patient, months. Mr. Goldstein was ordered to Tylenol #4 to the same individual, from several doctors, over an excessive 17576 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices period of time to be in violation of 21 (5) Such other conduct which may Finally, concerning factor (5), and CFR 1306.04. threaten public health and safety. with regard to Mr. Goldstein’s testimony The computer printout of The Deputy Administrator is not that the glutethimide and Tylenol prescriptions from Respondent obtained required to make findings with respect prescriptions were ‘‘legal’’ and therefore through the audit revealed that one to each of the above enumerated factors, he was not concerned about dispensing individual was dispensed 40 Tylenol #3 but, instead, has the discretion to give combinations of these drugs, Judge tablets two times on January 17, 1990, each factor the weight he deems Tenney found that a pharmacy has a based on one prescription. On April 5, appropriate, depending on the facts and responsibility, with respect to 1990, a ‘‘double entry’’ also was noted circumstances of each case. See, Henry controlled substances, to do more than for a prescription for Valium to the same J. Schwartz, Jr., M.D., 54 16422 (1989). merely fill prescriptions as written by a person. Mr. Goldstein testified that the The administrative law judge found physician. A pharmacy is obligated to individual required two separate that the Government had met its burden refuse to fill a prescription if it knows, identification numbers for insurance of proof with respect to factors (1), (2), or has reason to know that the billing purposes, so that Respondent (4), and (5) as set forth under 21 U.S.C. prescription was not written for a could bill the insurance carrier for the 823(f). Factor (1) was met based upon legitimate medical purpose. Medic-Aid cost of the prescription and Medicaid the Michigan Board of Pharmacy Pharmacy, 55 FR 30043 (1989). for the co-payment. Mr. Goldstein proceedings taken against Respondent Indications that a prescription is not for offered the same explanation for the and Mr. Goldstein. The ultimate legitimate medical use include filling ‘‘double dispensing’ of Tylenol #3 to findings established significant prescriptions for customers who another individual on November 26, shortages for several controlled received controlled substances in 1990. substances pursuant to an audit quantities far exceeding those The administrative law judge also completed in 1989, and also recommended by the Physician’s Desk found persuasive evidence of other encompassed other recordkeeping Reference, too frequently and for recordkeeping and dispensing violations. excessive periods of time. Id. Judge Tenney found that the DEA had violations, including dispensing a Verification of the prescription with the met its burden of proof with respect to prescription without a DEA registration prescribing doctor is not necessarily Factor (2) based upon indications from number on the prescription; dispensing enough. See United States v. Hayes, 595 Respondent’s records that Respondent # F. 2d 258, 260 (5th Cir. 1989). Judge three refills of Tylenol 3 to an had dispensed unauthorized Tenney found that Mr. Goldstein individual without authorization from prescriptions as reflected in the fact that purposely ignored suspicious the prescribing physician; and Respondent could not account for 19 prescribing practices by dispensing dispensing a prescription that was not paper copies of prescriptions. prescriptions clearly not issued for a signed by the issuing physician. Additionally, Respondent, on numerous legitimate medical purpose by Judge Tenney noted several possible occasions, dispensed a prescription presuming that the prescriptions were mitigating factors. First, Respondent is refill before the prior prescription could located in a low social economic area have been completely consumed by the legal because the physicians’ signatures where many patients are Medicaid patient, as determined by the did not appear to be forged. recipients. Second, Mr. Goldstein’s prescribing physician’s directions or Judge Tenney recommended that contentions that he was not informed based on the estimates Respondent had Respondent’s registration be suspended that glutethimide had been reclassified placed in its dispensing records, and for a period not to exceed six months. from a Schedule III to a Schedule II that on many occasions the original and He based this recommendation on the controlled substance, nor was he put on the refills were issued by different fact that the Michigan Board of notice as to any potential danger physicians. Judge Tenney noted that a Pharmacy previously had suspended concerning glutethimide. Third, Mr. pharmacy may be found in violation of Respondent’s license for three months Goldstein testified, as evidence toward the public interest where the pharmacy and had placed Mr. Goldstein on his care in dispensing controlled dispensed controlled substances before probation for a year and ordered substances, that he would confiscate the prior expiration period had expired payment of a fine of $5,000, and, prescriptions that he felt were not and based upon evidence that the therefore, had exacted ‘‘full and fair legitimate. pharmacy had accepted many retribution’’ for Respondent’s actions. In determining whether Respondent’s prescriptions from various physicians Charles A. Buscema, M.D., 59 FR 42857 continued registration by DEA would be for the same substance and patient. See (1994). inconsistent with public interest, as that Ralph J. Bertolino’s Pharmacy, 55 FR The Deputy Administrator has term is used under 21 U.S.C. 823 and 4729 (1990). Additionally, where carefully reviewed the entire record and 824, the Deputy Administrator Respondent knowingly dispensed these adopts all of the administrative law considers the following factors set forth refills to individuals who were judge’s findings of fact, with the in 21 U.S.C. 823(f): characterized by their physicians as exception of the following: (1) Mr. (1) The recommendation of the ‘‘addicts’’, Respondent’s actions pose a Goldstein’s testimony concerning the appropriate State licensing board or threat to public health and safety. arbitrary nature of his computer records professional disciplinary authority; The administrative law judge found pertaining to the number of days that (2) The applicant’s experience in factor (4) was met by evidence that should pass before a prescription is dispensing or conducting research with Respondent dispensed a prescription refilled; (2) Mr. Goldstein’s testimony respect to controlled substances; without a physician’s signature and regarding instances of creating double (3) The applicant’s conviction record dispensed another prescription without computer entries for each dispensed under Federal or State laws relating to a DEA registration number in violation prescription as his method of the manufacture, distribution, or of 21 CFR 1306.04(a). Further, the accounting for insurance billing dispensing, of controlled substances; shortages in Respondent’s controlled purposes. The Deputy Administrator (4) Compliance with applicable State, substance inventory, as revealed by the also concurs with Judge Tenney’s Federal, or local laws relating to DEA audit, constitute a violation of 21 conclusion that the Government has met controlled substances; and U.S.C. 842(a)(5). its burden with respect to public Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17577 interest factors (1), (2), (4), and (5) under legitimate medical purpose. Finally, brief, Respondent filed Response of Ellis 21 U.S.C. 823(f). contrary to Dr. Buscema’s acceptance of Turk, M.D. to Government’s Proposed The Deputy Administrator, responsibility for his actions, Mr. Findings of Fact, Conclusions of Law concurring with the Government’s Goldstein, owner of Respondent and Argument (the ‘‘Respondent’s exceptions, does not agree with Judge pharmacy, continues to deny any Response’’). The Government filed a Tenney’s finding that Respondent’s misconduct, including those State Motion to Strike Respondent’s Response location in a low socio-economic area violations upheld on appeal. on February 18, 1994, on the grounds constitutes a mitigating factor for The Deputy Administrator finds merit that the rules governing DEA Respondent’s numerous violations of in all of the Government’s exceptions, administrative hearings (specifically 21 the laws and regulations relating to and further finds that Respondent’s CFR 1316.64) do not permit such a controlled substances. The Deputy ongoing violations of Federal and State responsive pleading. The Respondent Administrator similarly rejects as a controlled substance rules and filed a Response to Motion to Strike mitigating factor, Respondent’s plea of regulations strongly indicate that his Respondent’s Response on March 9, good faith ignorance in that he was not continued registration with DEA would 1994. actually informed of the reclassification not be consistent with the public On June 7, 1994, Judge Bittner issued of glutethimide from a Schedule III to a interest. her Opinion and Recommended Ruling, Schedule II controlled substance. Accordingly, the Deputy Findings of Fact, Conclusions of Law The Deputy Administrator disagrees Administrator of the Drug Enforcement and Decision recommending that with, and declines to follow, Judge Administration, pursuant to the Respondent’s DEA registration be Tenney’s proposed suspension of authority vested in him by 21 U.S.C. 823 revoked and any pending applications Respondent’s registration. Judge and 824 and 28 CFR 0.100(b) and 0.104, be denied. As part of the opinion, Judge Tenney’s reliance on Buscema is not hereby orders that DEA Certificate of Bittner allowed the Government’s applicable to the facts in the instant Registration, BF1175466, issued to motion and struck Respondent’s case. In Buscema, Judge Tenney found Frank’s Corner Pharmacy, be and it Response. Additionally, she allowed the that Respondent’s actions in failing to hereby is, revoked, and that any Government’s motion to strike specific account for the disposition of Schedule pending applications for registration be exhibits filed by Respondent with his II controlled substances and his denied. post-hearing brief. No exceptions to the subsequent guilty plea to a felony This order is effective May 8, 1995. Opinion were filed by either party even charge of falsifying records concerning after an extension of time to ensure controlled substances, occurred over a Dated: March 30, 1995. service of the opinion on the limited period of time and was Stephen H. Greene, Respondent. motivated by his desire to protect his Deputy Administrator. On July 8, 1994, the administrative wife, an employee of his office and a [FR Doc. 95–8402 Filed 4–5–95; 8:45 am] law judge transmitted the record to the subsequently rehabilitated drug addict BILLING CODE 4410±09±M Deputy Administrator, including the suspected of diverting the missing drugs Respondent’s Response and the exhibits for her own use. In finding that the State struck by Judge Bittner. On September [Docket No. 93±46] of New York had exacted ‘‘full and fair’’ 28, 1994, Respondent, through newly retribution and recommending that Dr. Ellis Turk, M.D.; Revocation of retained counsel, filed a Motion to Buscema’s registration not be revoked, Registration Remand and Open the Record to Hear Judge Tenney found, and the Deputy New Evidence with the Deputy Administrator concurred, that Dr. On April 15, 1993, the Deputy Administrator of the DEA. The Buscema had served his probationary Assistant Administrator (then Director), Government filed its opposition to sentence, had been discharged from Office of Diversion Control, Drug Respondent’s motion on October 13, probation two and one-half years early Enforcement Administration (DEA), 1994. and had accepted responsibility for his issued an Order to Show Cause to Ellis The Deputy Administrator has conduct and failures regarding his Turk, M.D. (Respondent), of Baltimore, considered the record in its entirety, wife’s chemical dependency. Maryland, proposing to revoke his DEA and, enters his final order in this matter The Deputy Administrator finds that Certificate of Registration, AT2444711, pursuant to 21 CFR 1316.67, based on the leniency exercised in Buscema and deny any pending applications for findings of fact and conclusions of law should not similarly be extended to renewal of such registration as a as set forth herein. The Deputy Respondent in this proceeding. practitioner. The statutory basis for the Administrator, concurring with the Respondent’s numerous recordkeeping Order to Show Cause was that administrative law judge in her decision violations have resulted in the diversion Respondent’s continued registration to strike Respondent’s Response and of large quantities of controlled would be inconsistent with the public exhibits filed post-hearing, did not substances to a number of individuals, interest pursuant to 21 U.S.C. 823(f) and consider those documents in rendering including drug addicts. Further, these 824(a)(4). his final order. violations were ongoing while previous Respondent, through counsel, The administrative law judge found violations by the State of Michigan were requested a hearing on the issues raised that, in 1987, DEA received being appealed, and, therefore, the State in the Order to Show Cause and the approximately ten reports from drug of Michigan cannot be found to have matter was docketed before distributors that Respondent had exacted its ‘‘retribution’’ against Administrative Law Judge Mary Ellen purchased excessive quantities of the Respondent for violations which it Bittner. On November 11, 1993, controlled substances phentermine and never had the opportunity to address. Respondent voluntarily discharged his phendimetrazine. On two occasions in Additionally, as noted in Judge counsel and continued pro se. December 1988, DEA and Maryland Tenney’s thorough Findings of Fact, Following prehearing procedures, a State drug inspectors, pursuant to an even aside from the numerous hearing was held before Judge Bittner in administrative inspection warrant, recordkeeping violations, Respondent Arlington, Virginia on November 22, conducted an accountability audit of also diverted large amounts of Tylenol 1993. On February 16, 1994, after the controlled substances at Respondent’s with codeine and glutethimide for no Government submitted its post-hearing office, covering the period from 17578 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices December 29, 1987 through December explanation for the discrepancies found ACTION: Notice of availability of funds 12, 1988. the audit revealed shortages in in the investigation. She further found and solicitation for grant application the Respondent’s accountability of that the Respondent, throughout the (SGA). controlled substances. These audit course of his previous litigation, as well results were confirmed by a second as the instant case, continuously had SUMMARY: All the information required audit conducted by DEA in 1989. been defensive, hostile, and to submit a proposal is contained in the On November 22, 1989, a civil uncooperative and had insisted on announcement. The U.S. Department of complaint was filed in the United States clouding the issues with tangential Labor (DOL), Employment and Training District Court for the District of arguments and rhetorical allegations of Administration (ETA), announces the Maryland against Respondent, based on political wrongdoing. Judge Bittner availability of funds for demonstration the findings of the 1988 investigation. concluded that Respondent currently projects to replicate and formally Following a bench trial on June 15 and was not in a position to properly evaluate a successful model by the Ford 16, 1992, the court found that discharge the obligations of a DEA Foundation, known as the Quantum Respondent failed to comply with registrant, and, therefore, Respondent’s Opportunities Project (QOP). The U.S. recordkeeping requirements of the continued registration would not be in Department of Education may also Controlled Substances Act. On June 23, the public interest. The administrative provide funds for this demonstration. 1992, the court found Respondent liable law judge recommended that The project is directed specifically for civil penalties in the amount of Respondent’s DEA Certificate of toward at-risk youth entering the ninth $24,000 for violations of 21 U.S.C. Registration be revoked and any grade. The objectives of the project are 827(a)(3) and 21 U.S.C. 842(a)(5). The pending applications should be denied. to enable participants to complete high court’s decision was upheld by the U.S. The Deputy Administrator adopts the school, and to improve their rate of Court of Appeals for the Fourth Circuit opinion and recommended decision of entering and succeeding in post- on February 18, 1993. the administrative law judge in its secondary education. In her opinion of June 7, 1994, Judge entirety. The Respondent’s Motion to Initial grants of $200,000 will be made Bittner noted that the Deputy Remand and Reopen the Record is to five local areas. Pending availability Administrator may revoke a DEA denied. During the course of this of funds, these grants will be renewed Certificate of Registration and deny any administrative hearing, Respondent put at the same level for three additional pending application for such forth extensive argument, raised years to cover the four years of high registration if he determines that the countless objections, and submitted school of participating students. To continued registration would be numerous motions in full support of his receive these funds, local sites will need inconsistent with the public interest cause. The Deputy Administrator does to agree to participate in an evaluation pursuant to the following factors set not find any support for Respondent’s in which eligible youth will be forth in 21 U.S.C. 823(f): contention, as outlined in his motion, randomly assigned to receive or not to (1) The recommendation of the that his medical condition had a receive QOP services. appropriate State licensing board or deleterious effect on Respondent’s These grants will be limited to service professional disciplinary authority. ability to represent himself throughout delivery areas (SDAs) under the Job (2) The applicant’s experience in the course of this proceeding. This Training Partnership Act (JTPA). To dispensing or conducting research with matter has been fully and fairly litigated apply for these grants, SDAs will need respect to controlled substances. and there is no need to relitigate this to have the local public school district (3) The applicant’s conviction record case. as a co-applicant, and identify a under Federal or State laws relating to Based on the foregoing, the Deputy community-based organization (CBO) to the manufacture, distribution, or Administrator of the Drug Enforcement operate the demonstration. Matching dispensing of controlled substances. Administration, pursuant to the funds in the amount of $200,000 a year (4) Compliance with applicable State, authority invested in him by 21 U.S.C. will be required to operate a Quantum Federal or local laws relating to 823 and 824, and 28 CFR 0.100(b) and Opportunity Project. Additionally, local controlled substances. 0.104 hereby orders that DEA Certificate sites will need to commit to provide (5) Such other conduct which may of Registration AT2444711, previously summer jobs for QOP participants for threaten public health and safety. issued to Ellis Turk, M.D. be, and it the three summers in which the Judge Bittner stated, as a threshold hereby is, revoked, and that any participants are in the program. This matter, the Deputy Administrator may pending applications for registration be demonstration is aimed at schools with properly rely on any one or a denied. This orders is effective May 8, high dropout rates. Target schools will combination of the five factors set forth 1995. need to have at least 40 percent fewer in Section 823(f) and give each factor Dated: March 30, 1995. graduating seniors in June of 1994 than the weight he deems appropriate. See Stephen H. Greene, entering ninth graders in September of Henry J. Schwartz, Jr., M.D., 54 FR 1990 (For example, if a school had 300 16422 (1989). She further stated that all Deputy Administrator. entering ninth graders in September five factors under 21 U.S.C. 823(f) were [FR Doc. 95–8403 Filed 4–5–95; 8:45 am] 1990, the graduating class in June of relevant in determining whether BILLING CODE 4410±09±M 1994 must have been 180 or fewer). Respondent’s continued registration would be inconsistent with the public DATES: The closing date for receipt of interest. DEPARTMENT OF LABOR applications will be May 15, 1995 at Judge Bittner held that the evidence 2:00 p.m. (Eastern Time) at the address provided by the Government clearly Employment and Training below. established the shortages in Administration ADDRESSES: Applications shall be Respondent’s accountability of Job Training Partnership Act: Dropout mailed to the U.S. Department of Labor, controlled substances, and that, Prevention Employment and Training although Respondent offered various Administration, Division of Acquisition documents into evidence, none of them AGENCY: Employment and Training and Assistance, Attention: Brenda M. offered any plausible or coherent Administration, Labor. Banks, Reference: SGA/DAA 95–005, Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17579 Room S–4203, 200 Constitution Avenue Ford Foundation evaluation of the Part II. Statement of Work N.W., Washington D.C. 20210. program showed that QOP had been (Responsibilities of Grantees) FOR FURTHER INFORMATION CONTACT: able to cut dropout rates in half and Applicants should take into account Brenda Banks (202–219–7300) in the double the college entrance rate of the responsibilities listed below. The Division of Acquisition and Assistance. participants. local school system will be responsible Ideally, the development of new This is not a toll-free number. for identifying the target high schools approaches to serving youth occurs in SUPPLEMENTARY INFORMATION: This and students; the CBO will be several stages—(1) an idea or model is announcement consists of four parts and responsible for hiring the adult developed; (2) the idea is put into appendices. Part I describes the coordinators; and the SDA will be practice at one site, and then perhaps at authority and purpose of this responsible for administering the Grant a second site with some modifications; demonstration. Part II is the Statement and providing summer jobs for the (3) the model program is then pilot- of Work (responsibilities of grantees). youth. Part III describes the application process tested at several sites; (4) the model A. Identification of target high and guidelines for applying for these program then enters a demonstration schools. Target high schools should grants. Part IV identifies and defines the stage in which it is formally evaluated have a rate of at least 40 percent of selection criteria which will be used in using random assignment of program entering ninth graders dropping out reviewing and evaluating applications. applicants at several sites; and (5) if the before graduation to qualify for this Appendix No. 1 provides a more random-assignment evaluation results grant—that is, if the graduating class in detailed description of the QOP come out positive, the model program is June of 1994 was 180 then the entering program. There is no separate replicated widely across the country. 9th grade class in September 1990 must application package. This grant is part of stage (4) of this have been 300 or more. The target high process. Part I. Background schools can be small or large, but they C. Demonstration Policy should have a combined expected A. Authority 1. Eligible Applicants. Eligible enrollment of at least 560 entering ninth Section 452 of the Job Training applicants under this solicitation are graders this coming fall in order to Partnership Act authorizes the Secretary Service Delivery Areas (SDAs) under the divide the class in half by grades from of Labor to establish pilot and Job Training Partnership Act. the previous year, and then to provide demonstration programs. 2. Funding. DOL expects to make for two groups of 140 from the bottom half for non-treatment and QOP B. Purpose of this Demonstration approximately five awards. It is anticipated that individual grant awards participation. The school district will There is a large and growing gap in will be $200,000 for the first year of the need to identify during the summer the this country between the employment project. bottom half of the entering ninth graders and earnings of these individuals who 3. Matching Requirements. In order to at these schools, as ranked by grades. have dropped out of high school, those receive a grant award, an applicant must B. Develop and implement the QOP that have graduated from high school include a 100% match. These matching model. The local QOP project shall be but have not gone on to college, and funds can come from JTPA Title II-C, comprised of the following features: those that have graduated from college. Education for the Disadvantaged —Groups of 20 entering ninth graders In many inner-city high schools today, School-Wide Programs (ESEA Title I), will be assigned to two half-time adult over 50 percent of entering ninth general school district funds, local counselors. Students will stay with graders drop out of school prior to foundations and private corporations, or the same group and the same graduation. Further, the proportion of other sources. counselors throughout their time in students from inner-city high schools 4. Period of Performance/Options. high school. who go on to post-secondary education The period of performance for these —The QOP counselors will have office remains very low. Grants will be twelve months from the space at the high schools. The Ford Foundation has recently date of execution by the Government. —Each site will hire an overall announced the results of its Quantum Pending satisfactory performance and coordinator overseeing each of the Opportunities Project (QOP) availability of funds, these awards will QOP counselors. demonstration. In this demonstration, be extended for an additional three —QOP activities will include each year 100 entering ninth graders in inner-city years (three one-year options). The idea 250 hours educational enrichment; high schools were joined together in is to cover the entire four years of high 250 hours of cultural and groups of 25 at four sites and assigned school of students served. development activities, including to the same adult coordinator. The 5. Eligible Participants. All entering visits to college campuses; and 250 students stayed with the same group ninth graders who rank in the bottom hours of community service activities. and adult counselor throughout their half of their class according to the The educational enrichment activities four years of high school, receiving previous year’s grades will be eligible can occur either at the school or at a basic skills remediation, participating in for the QOP program, and then will be separate CBO site. group community service activities and randomly assigned to receive or not —QOP students will be able to receive cultural enrichment and youth receive QOP services. up to $500 a year in stipends based development activities, visiting college 6. Allowable activities. Grantees will on attendance at program activities. campuses, and ‘‘job shadowing’’ conduct activities consistent with the Counselors are responsible for professionals. The students earned two QOP program described below. tracking and recording stipend-related sets of stipends—one in cash and the 7. Cost limitations. Demonstration activities for those individuals in their second reserved in an ‘‘opportunity grants are not subject to the cost charge. The stipends for QOP account’’ to be used for post-secondary limitations in JTPA Title II. However, participants are to be put into a bank education. $50,000 to be used for the overall account to used only for post- Entering ninth graders were randomly program coordinator at each site should secondary educational expenses once assigned to the QOP program, and a be considered the administrative costs the individual completes (or leaves) control group was also followed. The for this demonstration. the QOP program. 17580 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices —QOP students will receive summer fringe benefits); with some funds left counselors at the target high schools? jobs during their three summers in over for other project activities. Who in the school system will be high schools. Offerors should be able Matching funds cannot be in-kind to responsible for overseeing the QOP to identify the person within the SDA simply use existing school counselors. program? How will the school system who will be in charge of linking JTPA Title II–C funds, Education for the and the CBO coordinate services school to summer work activities and Disadvantaged School-Wide Programs provided under QOP? Describe the ensuring that each participant is (ESEA, Title I) funds, local foundations, SDA’s plans for providing summer jobs employed during the summer. The and local corporations are all for the youth. jobs can be provided through JTPA appropriate sources for matching funds. 3. Describe the matching funds that Title II–B if the students are eligible Compensatory education funds outside will be provided. for JTPA and if Congress continues of school-wide projects may not be an the Title II–B program; otherwise appropriate source of matching funds, Part III. Application Process summer jobs will need to be found for because of possible conflict between A. Submission of Proposals the students. Preferably, jobs provided random assignment and statutory to QOP participants should be at the requirements in these compensatory An original and three (3) copies of the same worksite each summer, with education funds. proposal shall be submitted. The increasing levels of responsibility Applicants will note that there are proposal shall consist of two (2) each new year. some differences between the QOP separate and distinct parts. —The salaries of QOP counselors and model that will be implemented in this 1. Cost Proposal. Part I shall contain the overall site coordinator will demonstration and the original QOP the cost proposal, consisting of the include incentives for keeping pilot project described in the Appendix following items: Standard Form SF 424, students in the QOP program. No. 1. The model that will be ‘‘Application for Federal Assistance’’ —Group cohesion will be emphasized implemented under this demonstration (Appendix No. 2) and the ‘‘Budget throughout the program. Students will have 20 rather than 25 youth in Information’’ sheet (Appendix No. 3). cannot be dropped from the program, each group; it will not be restricted to Also, the budget shall include on even for non-attendance. An inactive minority youth or youth in families separate page(s) a detailed breakout of student can return to the group at any receiving welfare; and it does not each line item on the budget sheet. The time. Replacement students will not include cash stipends. Additional funds Budget should provide for $200,000 in be added. may be made available to grantees at a grant funds and $200,000 in matching later time to provide cash. funds. C. Coordination of evaluation E. Project Description. 1. Describe the 2. Technical Proposal. The technical activities. In conjunction with the need for the QOP project in the target proposal shall be limited to ten pages Department’s evaluation contractor, the high school or schools. What percentage (single-sided, single spaced). It should eligible entering ninth graders will be of youth who entered the 9th grade in include the ‘‘assurance’’ provided below randomly assigned during the first week September of 1990 in these schools have signed by the SDA director and the of school in September to one of two dropped out prior to graduation? (You superintendent of schools, and answers groups, those who ‘‘enter’’ or ‘‘do not can simply show the number of entering to the three sets of questions and enter’’ the QOP program. For example, 9th graders in September of 1990 and City A selects two high schools as its the number of students graduating in requirements included under Part II, target schools for this demonstration. June of 1994). How many students are Section E. Each target high school has had a recent expected to enter the 9th grade at these The following ‘‘assurance’’ should be dropout rate of over 40 percent, and schools this coming September? What is signed by the local SDA director and each is expecting an entering enrollment the poverty rate of the neighborhoods superintendent of schools and included of 300 ninth graders—a combined total served by the schools? You may also in the technical proposal: ‘‘The service of 600 entering ninth graders. The discuss other factors that may reflect delivery area (SDA) and school district school district will identify the bottom need, for example, teen pregnancy rates of lllll are applying for a half of these entering ninth graders, or and crime rates in the neighborhoods $200,000 a year grant under the 300 youth. In turn, the school district served by the schools. Department of Labor’s Quantum will work with the Department’s 2. Describe your plan for Opportunities Project (QOP) evaluation contractor to randomly select implementing the QOP program this demonstration for entering ninth 140 of the eligible youth who report the coming September. How will the 140 graders. We understand that pending first week of school to be part of the QOP slots be apportioned among the availability of funds the demonstration QOP program. There will be no target high schools that have been will continue throughout the 4 years of eligibility requirement for the QOP identified? When during the summer high school of participating students. program other than being ranked in the will you be able to provide a list of We also understand that $200,000 a year bottom half of the entering ninth grade entering ninth graders who rank in the in matching funds are required for the class. bottom half of their class? Who in the project, and QOP students will be D. Use of funds and matching school system will be responsible for provided summer jobs for their three commitments. Grantees are required to providing this list, and what is their summers in high school. We also provide a $200,000 local match for each telephone number during the summer? understand that participating in a year of the project. The $200,000 grant What community-based organization random assignment evaluation of the and $200,000 matching funds are (CBO) will carry out the QOP program? program is a condition of award, and expected to be sufficient to serve 140 How was this CBO selected? What is the that eligible entering ninth graders will youth at each site. These funds will hiring plan of the CBO to make sure that be randomly assigned to participate or allow for hiring fourteen half-time adult the overall coordinator and 14 half-time not participate in QOP.’’ coordinators at $17,500 (salaries plus counselors will be hired by September? lllllllllllllllllllll fringe benefits included); stipends of Can you provide examples of likely SDA Director $500 a year to each youth; an overall candidates for these positions? What lllllllllllllllllllll coordinator at $50,000 (salary plus physical space will be provided to the School District Superintendent Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17581 B. Hand-Delivered Proposals both the envelope and wrapper and on Signed at Washington, D.C., this 31st day of March, 1995. Proposals should be mailed at least the original receipt from the U.S. Postal Janice E. Perry, five (5) days prior to the closing date for Service. ‘‘Postmark’’ has the same the receipt of applications. However, if meaning as defined above. Therefore, ETA Grant Officer. proposals are hand-delivered, they shall applicants should request the postal Appendix 1 Description of Original QOP be received at the designated place by clerk to place a legible hand Program 2 p.m., Eastern Time on the closing date cancellation ‘‘bull’s eye’’ postmark on (Note: This Appendix is provided as for receipt of applications. All overnight both the receipt and the envelope or background information on the original QOP mail will be considered to be hand- wrapper. program which the Ford Foundation funded. delivered and must be received at the As discussed above, the QOP model that sites F. Withdrawal of Proposals designated place by the specified time will be implementing under this grant announcement differs in slight ways from the and closing date. Telegraphed and/or Proposals may be withdrawn by original QOP program. Where differences faxed proposals will not be honored. written notice or telegram (including occur, applicants should follow the model Failure to adhere to the above mailgram) received at any time before described in the main text of the grant instructions will be a basis for a award. Proposals may be withdrawn in announcement rather than in this Appendix). determination of non-responsiveness. person or by an applicant or an Quantum Opportunities Program: An C. Late Proposals authorized representative thereof, if the Overview Any proposal received at the office representative’s identity is made known Background designated in the solicitation after the and the representative signs a receipt for The Quantum Opportunities Program exact time specified for receipt will not the proposal before a grant award is (QOP) was initiated as an experiment to test be considered unless it: executed. whether impoverished young people could make a ‘‘quantum leap’’ up the ladder of (1) was sent by the U.S. Postal Service Part IV. Rating Criteria for Award registered or certified mail not later than opportunity if an intensive array of coordinated services, coupled with a the fifth calendar day before the date Applicants are advised that the sustained relationship with a peer group and specified for receipt of the application selection of grantees for awards is to be a caring adult, were offered to them over (e.g., an offer submitted in response to made after careful review by a panel. their four years of high school. a solicitation requiring receipt of Applicants are advised that discussions The program also tested a system of applications by the 5th of May must may be necessary in order to clarify and incentive payments for participants, staff and have been mailed by the 1st of May); or inconsistencies in their application. The delivery organizations to encourage (2) was sent by U.S. Postal Service participation and retention in the program panel results are advisory in nature to and to provide some money for college, Express Mail Next Day Service—Post the Grant Officer. The Grant Officer will Office to Addressee, not later than 5 technical training or other education upon make final awards based on what is in completion. p.m. at the place of mailing two working the best interests of the Government as The program designer recognized that a days prior to the date specified for determined by the Grant Officer. The variety of education, training, employment, receipt of proposals. The term ‘‘working rating criteria for award are the development and service opportunities were days’’ excludes weekends and U.S. already available to poor teenage youth following: Federal holidays. through programs of government agencies The only acceptable evidence to 1. Need in Target High Schools. This and nonprofit organizations. These, however, establish the date of mailing of a late corresponds to questions and were neither coordinated nor sequenced in a proposal sent either by the U.S. Postal requirements raised in Part II, Section continuum that recognized the developmental needs of maturing youth. Service registered or certified mail is the E.1. The proposal should provide Lacking coordination and continuity, their U.S. postmark both on the envelope or information on the high schools, cumulative impact was diluted. wrapper and on the original receipt including the overall enrollment at the The Quantum Opportunities Program from the U.S. Postal Service. Both schools and the proportion of entering adopted an investment mentality. It tested postmarks must show a legible date or ninth graders who graduate from the whether comprehensive services could be the proposal shall be processed as if school. The neighborhoods served by sequenced effectively, whether a single coordinator could broker services efficiently, mailed late. ‘‘Postmark’’ means a the schools should be described. (30 printed, stamped, or otherwise placed whether eligible youth would participate if points). such opportunities were offered, and whether impression (exclusive of a postage meter this approach and these investments would machine impression) that is readily 2. Development and Implementation Plan. This corresponds to questions and have a positive effect on the youth’s life identifiable without further action as chances. having been supplied and affixed by requirements raised in Section E.2 and employees of the U.S. Postal Service on 3. This criteria covers plans for Purpose the date of mailing. Therefore, recruiting and hiring of the QOP The program’s aim was to assist minority applicants should request the postal counselors and overall coordinator; the youth from solo-parent, welfare families in availability of office space in the target poverty neighborhoods graduate from high clerk to place a legible hand school and attend college. The Quantum cancellation ‘‘bull’s eye’’ postmark on high schools for QOP coordinators; the Opportunities Programs sought to rewrite the both the receipt and the envelope or summer jobs that will be made available future for these-at-risk teens. wrapper. to QOP students through JTPA Title II– The only acceptable evidence to B; how jobs will be provided to QOP Sites establish the date of mailing of a late students not income-eligible for JTPA; The multi-faceted QOP model was proposal sent by ‘‘Express Mail Next the experience of the CBO in operating successfully implemented in four of the five Day Service—Post Office to Addressee’’ demonstration sites: Oklahoma City, programs for at-risk youth; and the Philadelphia, Saginaw and San Antonio. The is the date entered by the post office availability of matching funds. (70 delivery organizations were OIC affiliates— receiving clerk on the ‘‘Express Mail points). community organizations offering a variety of Next Day Service—Post Office to education, training and self-sufficiency Addressee’’ label and the postmark on programs. Each also operated a ‘‘Learning 17582 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Opportunity Center’’ equipped with The Coordinator both brokered and directly families, assisting with college financial aid computers, books and audiovisual equipment delivered services in the three activity applications, and tracking activities. and materials for self-paced and competency- components, which were: based learning in academic, employability Learning Opportunities—250 hours per Incentives and life skills. year of self-paced and competency based Financial incentives were structured to There was variation among the four sites as basic skills and enrichment study outside of encourage participation, completion and long to how each operated the program. Two regular school hours. Reading, writing, math, range planning. Opportunity Associates negotiated with their local high schools to science, and social studies were covered. received: schedule time in the school day. In one case, Opportunity Associates completed these • an hourly stipend of $1.33 for each hour a daily class period for participating students extra hours of learning in the existing OIC of participation in the education, was set up in each of the four school years. Learning Opportunity Center in their development and service activities; This school time was used for group community. • a completion bonus of $100 for each meetings, discussions and development Development Opportunities—250 hours activity component completed during each of activities; other program activities took place per year of cultural enrichment and personal the four yearly cycles, for a possible total of outside of the school day in the community development. Students attended plays and $300 in bonuses, and; organization. In the second site, the local concerts, explored the visual arts, visited • an Opportunity Account, created by school provided a space for the program and museums and new locations, read and matching, on a dollar basis, all hourly released students for daily meetings. Two discussed current affairs and the Great Books, stipend and bonuses earned by the Associate sites conducted the program entirely outside learned about their own rich history and over the four years of the program. At the end of school hours and facilities. culture, dined in restaurants, and ‘‘job of the four years, the funds accrued in shadowed’’ with professionals. Each Opportunity Accounts, including interest Youth Eligibility Opportunity Associate received a personal Participating students, the ‘‘Opportunity subscription to Time Magazine. They learned earned, were available to Associates for Associates’’ were each: how to set goals, manage their time, and approved college, job and technical training, • entering the 9th grade; choose behavior appropriate for varying or continuing education. • attending a public high school in a situations. They developed life skills needed The Coordinator’s incentive payments, as poverty neighborhood; in the home, at work and in the marketplace. well as those to the OIC affiliate, were also • a member of a racial minority; and They learned about themselves and how to tied directly to participation hours and • from a solo-parent family receiving get along with others. completion rates. QOP Coordinators received welfare payments. Service Opportunities—250 hours per year the same amount, and the delivery of community service connected Opportunity organization received double the amount, of Recruitment Associates to their communities and the stipends and bonuses of their Each site enrolled 25 participants at the provided opportunities to develop many of Opportunity Associates. start of the 1989–1990 school year: the skills needed for work—reliability, Research 1. The participating public high school following through on tasks, and working produced a list of all entering freshman cooperatively. Service projects ranged from Brandeis University is evaluating the meeting the eligibility criteria. tutoring elementary students, to program using a random assignment, control 2. From the list, 25 students were selected neighborhood cleanup, to volunteer work in group methodology. Progress during the at random for invitation to participate in the hospitals, nursing homes, libraries and school years and post-program outcomes are program. Another 25 students were selected, human service agencies. being compared for Opportunity Associates also at random, as a control group. and a matched group of people who did not Key Features 3. Selected students were contacted participate. through mailings, school counselors and The critical elements of Quantum Early results are quite positive. The year teachers, orientation meetings with parents Opportunities Program design were: after expected high school graduation, • and students, home visits and peers. Group cohesion—By design, each group Opportunity Associates were more likely to 4. All contacted students were of 25 Opportunity Associates remained have graduated from high school, to have automatically enrolled. There was no constant through the four high school years. enrolled in four-year colleges, to have screening out or special selection. Students could not be dropped from the enrolled in any post-secondary education, group, even for non-attendance. An inactive Program Design and to still plan college completion. They student could return to the group at any time were less likely to have dropped out, to have A youth developmental model was tested over the four years; the promise of become a solo parent or to have been in the Quantum Opportunities Program. The opportunity was never withdrawn. New arrested. program was organized in four cycles students were not admitted to the group. spanning the four high school years, • Continuity with a caring adult—at each Cost including summers. site, the same Opportunity Coordinator was The average cost per participant—covering In each yearly cycle, the Opportunity to stay with the group for the four years. all costs—was $11,250 for the four years (half Associates attended high school and (There was turnover in some test sites.) the annual costs of prison). Two-fifths of this participated in three activity components of • ‘‘Front line’’ accountability—Each cost was in direct payments to participants up to 250 hours each for a maximum of 750 Opportunity Coordinator was responsible for in the form of stipends, bonuses and the hours per yearly cycle. recruiting students, encouraging active Opportunity Account. These activity components were organized participation, brokering all service activities, by an Opportunity Coordinator at each site. counseling students, communicating with BILLING CODE 4130±30±M Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17583 17584 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17585 [FR Doc. 95–8477 Filed 4–5–95; 8:45 am] BILLING CODE 4130±30±C 17586 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Pension and Welfare Benefits (c) They are protective of the rights of (i) The plan is not an Excluded Plan; Administration the participants and beneficiaries of the (ii) Solely in the case of an acquisition plans. of certificates in connection with the [Prohibited Transaction Exemption 95±26; initial issuance of the certificates, at Exemption Application No. D±9741, et al.] Dillon, Read & Co. Inc. (Dillon) Located least 50 percent of each class of in New York, New York Grant of Individual Exemptions; Dillon, certificates in which plans have Read & Co. Inc., et al. [Prohibited Transaction Exemption 95–26; invested is acquired by persons Application No. D–9741] independent of the members of the AGENCY: Pension and Welfare Benefits Exemption Restricted Group and at least 50 percent Administration, Labor. of the aggregate interest in the trust is ACTION: Grant of Individual Exemptions. I. Transactions acquired by persons independent of the Restricted Group; SUMMARY: This document contains A. The restrictions of sections 406(a) and 407(a) of the Act and the taxes (iii) A plan’s investment in each class exemptions issued by the Department of of certificates does not exceed 25 Labor (the Department) from certain of imposed by section 4975(a) and (b) of the Code by reason of section percent of all of the certificates of that the prohibited transaction restrictions of class outstanding at the time of the the Employee Retirement Income 4975(c)(1)(A) through (D) of the Code shall not apply to the following acquisition; and Security Act of 1974 (the Act) and/or (iv) Immediately after the acquisition the Internal Revenue Code of 1986 (the transactions involving trusts and certificates evidencing interests therein: of the certificates, no more than 25 Code). percent of the assets of a plan with Notices were published in the Federal (1) The direct or indirect sale, exchange or transfer of certificates in the respect to which the person has Register of the pendency before the discretionary authority or renders Department of proposals to grant such initial issuance of certificates between the sponsor or underwriter and an investment advice are invested in exemptions. The notices set forth a certificates representing an interest in a summary of facts and representations employee benefit plan when the sponsor, servicer, trustee or insurer of a trust containing assets sold or serviced contained in each application for 2 trust, the underwriter of the certificates by the same entity. For purposes of exemption and referred interested this paragraph B.(1)(iv) only, an entity persons to the respective applications representing an interest in the trust, or an obligor is a party in interest with will not be considered to service assets for a complete statement of the facts and contained in a trust if it is merely a representations. The applications have respect to such plan; (2) The direct or indirect acquisition subservicer of that trust; been available for public inspection at (2) The direct or indirect acquisition the Department in Washington, D.C. The or disposition of certificates by a plan in the secondary market for such or disposition of certificates by a plan in notices also invited interested persons the secondary market for such to submit comments on the requested certificates; and (3) The continued holding of certificates, provided that the conditions exemptions to the Department. In set forth in paragraphs B.(1)(i), (iii) and addition the notices stated that any certificates acquired by a plan pursuant to subsection I.A.(1) or (2). (iv) are met; and interested person might submit a (3) The continued holding of Notwithstanding the foregoing, section written request that a public hearing be certificates acquired by a plan pursuant I.A. does not provide an exemption from held (where appropriate). The to subsection I.B.(1) or (2). applicants have represented that they the restrictions of sections 406(a)(1)(E), C. The restrictions of sections 406(a), have complied with the requirements of 406(a)(2) and 407 for the acquisition or 406(b) and 407(a) of the Act, and the the notification to interested persons. holding of a certificate on behalf of an taxes imposed by section 4975(a) and (b) No public comments and no requests for Excluded Plan by any person who has of the Code by reason of section 4975(c) a hearing, unless otherwise stated, were discretionary authority or renders of the Code, shall not apply to received by the Department. investment advice with respect to the transactions in connection with the 1 The notices of proposed exemption assets of that Excluded Plan. servicing, management and operation of were issued and the exemptions are B. The restrictions of sections a trust; provided: being granted solely by the Department 406(b)(1) and 406(b)(2) of the Act and (1) Such transactions are carried out because, effective December 31, 1978, the taxes imposed by section 4975(a) in accordance with the terms of a section 102 of Reorganization Plan No. and (b) of the Code by reason of section binding pooling and servicing 4 of 1978 (43 FR 47713, October 17, 4975(c)(1)(E) of the Code shall not apply arrangement; and 1978) transferred the authority of the to: (2) The pooling and servicing Secretary of the Treasury to issue (1) The direct or indirect sale, agreement is provided to, or described exemptions of the type proposed to the exchange or transfer of certificates in the in all material respects in the prospectus Secretary of Labor. initial issuance of certificates between or private placement memorandum the sponsor or underwriter and a plan provided to, investing plans before they Statutory Findings when the person who has discretionary purchase certificates issued by the In accordance with section 408(a) of authority or renders investment advice trust. 3 Notwithstanding the foregoing, the Act and/or section 4975(c)(2) of the with respect to the investment of plan Code and the procedures set forth in 29 assets in the certificates is (a) an obligor 2 For purposes of this exemption, each plan CFR Part 2570, Subpart B (55 FR 32836, with respect to 5 percent or less of the participating in a commingled fund (such as a bank 32847, August 10, 1990) and based upon fair market value of obligations or assets collective trust fund or insurance company pooled contained in the trust, or (b) an affiliate separate account) shall be considered to own the the entire record, the Department makes same proportionate undivided interest in each asset the following findings: of a person described in (a); if: of the commingled fund as its proportionate interest (a) The exemptions are in the total assets of the commingled fund as administratively feasible; 1 Section I.A. provides no relief from sections calculated on the most recent preceding valuation 406(a)(1)(E), 406(a)(2) and 407 for any person date of the fund. (b) They are in the interests of the rendering investment advice to an Excluded Plan 3 In the case of a private placement memorandum, plans and their participants and within the meaning of section 3(21)(A)(ii) and such memorandum must contain substantially the beneficiaries; and regulation 29 CFR 2510.3–21(c). same information that would be disclosed in a Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17587 section I.C. does not provide an occurrence of one or more events of and/or other payments made with exemption from the restrictions of default by the servicer; respect to the assets of such trust; or section 406(b) of the Act or from the (5) The sum of all payments made to (2) a certificate denominated as a debt taxes imposed by reason of section and retained by the underwriters in instrument— 4975(c) of the Code for the receipt of a connection with the distribution or (a) that represents an interest in a Real fee by a servicer of the trust from a placement of certificates represents not Estate Mortgage Investment Conduit person other than the trustee or sponsor, more than reasonable compensation for (REMIC) within the meaning of section unless such fee constitutes a ‘‘qualified underwriting or placing the certificates; 860D(a) of the Internal Revenue Code of administrative fee’’ as defined in section the sum of all payments made to and 1986; and III.S. retained by the sponsor pursuant to the (b) that is issued by and is an D. The restrictions of sections 406(a) assignment of obligations (or interests obligation of a trust; with respect to and 407(a) of the Act, and the taxes therein) to the trust represents not more certificates defined in (1) and (2) for imposed by sections 4975(a) and (b) of than the fair market value of such which Dillon or any of its affiliates is the Code by reason of sections obligations (or interests); and the sum of either (i) the sole underwriter or the 4975(c)(1)(A) through (D) of the Code, all payments made to and retained by manager or co-manager of the shall not apply to any transactions to the servicer represents not more than underwriting syndicate, or (ii) a selling which those restrictions or taxes would reasonable compensation for the or placement agent. For purposes of this otherwise apply merely because a servicer’s services under the pooling exemption, references to ‘‘certificates person is deemed to be a party in and servicing agreement and representing an interest in a trust’’ interest or disqualified person reimbursement of the servicer’s include certificates denominated as debt (including a fiduciary) with respect to a reasonable expenses in connection which are issued by a trust. plan by virtue of providing services to therewith; and B. ‘‘Trust’’ means an investment pool, the plan (or by virtue of having a (6) The plan investing in such the corpus of which is held in trust and relationship to such service provider certificates is an ‘‘accredited investor’’ consists solely of: described in section 3(14)(F), (G), (H) or as defined in Rule 501(a)(1) of (1) either (I) of the Act or section 4975(e)(2)(F), Regulation D of the Securities and (a) secured consumer receivables that (G), (H) or (I) of the Code), solely Exchange Commission under the bear interest or are purchased at a because of the plan’s ownership of Securities Act of 1933. discount (including, but not limited to, certificates. B. Neither any underwriter, sponsor, home equity loans and obligations secured by shares issued by a II. General Conditions trustee, servicer, insurer, or any obligor, unless it or any of its affiliates has cooperative housing association); A. The relief provided under Part I is discretionary authority or renders (b) secured credit instruments that available only if the following investment advice with respect to the bear interest or are purchased at a conditions are met: plan assets used by a plan to acquire discount in transactions by or between (1) The acquisition of certificates by a certificates, shall be denied the relief business entities (including, but not plan is on terms (including the provided under Part I, if the provision limited to, qualified equipment notes certificate price) that are at least as of subsection II.A.(6) above is not secured by leases, as defined in section favorable to the plan as they would be satisfied with respect to acquisition or III.T); in an arm’s length transaction with an holding by a plan of such certificates, (c) obligations that bear interest or are unrelated party; provided that (1) such condition is purchased at a discount and which are (2) The rights and interests evidenced disclosed in the prospectus or private secured by single-family residential, by the certificates are not subordinated placement memorandum; and (2) in the multi-family residential and commercial to the rights and interests evidenced by case of a private placement of real property (including obligations other certificates of the same trust; certificates, the trustee obtains a secured by leasehold interests on (3) The certificates acquired by the representation from each initial commercial real property); plan have received a rating at the time purchaser which is a plan that it is in (d) obligations that bear interest or are of such acquisition that is in one of the compliance with such condition, and purchased at a discount and which are three highest generic rating categories obtains a covenant from each initial secured by motor vehicles or from either Standard & Poor’s purchaser to the effect that, so long as equipment, or qualified motor vehicle Corporation (S&P’s), Moody’s Investors such initial purchaser (or any transferee leases (as defined in section III.U); Service, Inc. (Moody’s), Duff & Phelps of such initial purchaser’s certificates) is (e) ‘‘guaranteed governmental Inc. (D&P) or Fitch Investors Service, required to obtain from its transferee a mortgage pool certificates,’’ as defined Inc. (Fitch); representation regarding compliance in 29 CFR section 2510.3–101(i)(2); (4) The trustee is not an affiliate of with the Securities Act of 1933, any (f) fractional undivided interests in any member of the Restricted Group. such transferees will be required to any of the obligations described in However, the trustee shall not be make a written representation regarding clauses (a)–(e) of this section B.(1); 4 considered to be an affiliate of a servicer compliance with the condition set forth solely because the trustee has succeeded in subsection II.A.(6) above. 4 The Department wishes to take the opportunity to clarify its view that the definition of Trust to the rights and responsibilities of the III. Definitions contained in III.B.(1)(a) through (e) includes a two- servicer pursuant to the terms of a tier trust structure under which certificates issued pooling and servicing agreement For purposes of this exemption: by the first trust, which contains a pool of providing for such succession upon the A. ‘‘Certificate’’ means: receivables described above, are transferred to a second trust which issues certificates that are sold (1) a certificate to plans. However, the Department is of the further prospectus if the offering of the certificates were (a) that represents a beneficial view that, since the exemption provides relief for made in a registered public offering under the ownership interest in the assets of a the direct or indirect acquisition or disposition of Securities Act of 1933. In the Department’s view, trust; and certificates that are not subordinated, no relief the private placement memorandum must contain would be available if the certificates held by the sufficient information to permit plan fiduciaries to (b) that entitles the holder to pass- second trust were subordinated to the rights and make informed investment decisions. through payments of principal, interest, Continued 17588 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices (2) property which had secured any of which are denominated as debt (2) The other person, or an affiliate the obligations described in subsection instruments, also means the trustee of thereof, is not a fiduciary who has B.(1); the indenture trust. investment management authority or (3) undistributed cash or temporary I. ‘‘Insurer’’ means the insurer or renders investment advice with respect investments made therewith maturing guarantor of, or provider of other credit to any assets of such person. no later than the next date on which support for, a trust. Notwithstanding the P. ‘‘Sale’’ includes the entrance into a distributions are to made to foregoing, a person is not an insurer forward delivery commitment (as certificateholders; and solely because it holds securities defined in section Q below), provided: (4) rights of the trustee under the representing an interest in a trust which (1) The terms of the forward delivery pooling and servicing agreement, and are of a class subordinated to certificates commitment (including any fee paid to rights under any insurance policies, representing an interest in the same the investing plan) are no less favorable third-party guarantees, contracts of trust. to the plan than they would be in an suretyship and other credit support J. ‘‘Obligor’’ means any person, other arm’s length transaction with an arrangements with respect to any than the insurer, that is obligated to unrelated party; obligations described in subsection make payments with respect to any (2) The prospectus or private B.(1). Notwithstanding the foregoing, obligation or receivable included in the placement memorandum is provided to the term ‘‘trust’’ does not include any trust. Where a trust contains qualified an investing plan prior to the time the investment pool unless: (i) The motor vehicle leases or qualified plan enters into the forward delivery investment pool consists only of assets equipment notes secured by leases, commitment; and of the type which have been included in ‘‘obligor’’ shall also include any owner (3) At the time of the delivery, all other investment pools, (ii) certificates of property subject to any lease included conditions of this exemption applicable evidencing interests in such other in the trust, or subject to any lease to sales are met. investment pools have been rated in one securing an obligation included in the Q. ‘‘Forward delivery commitment’’ of the three highest generic rating trust. means a contract for the purchase or categories by S&P’s, Moody’s, D&P, or K. ‘‘Excluded Plan’’ means any plan sale of one or more certificates to be Fitch for at least one year prior to the with respect to which any member of delivered at an agreed future settlement plan’s acquisition of certificates the Restricted Group is a ‘‘plan sponsor’’ date. The term includes both mandatory pursuant to this exemption, and (iii) within the meaning of section 3(16)(B) contracts (which contemplate obligatory certificates evidencing interests in such of the Act. delivery and acceptance of the other investment pools have been L. ‘‘Restricted Group’’ with respect to certificates) and optional contracts purchased by investors other than plans a class of certificates means: (which give one party the right but not for at least one year prior to the plan’s (1) Each underwriter; the obligation to deliver certificates to, acquisition of certificates pursuant to (2) Each insurer; this exemption. or demand delivery of certificates from, (3) The sponsor; the other party). C. ‘‘Underwriter’’ means: (4) The trustee; R. ‘‘Reasonable compensation’’ has (1) Dillon; (5) Each servicer; (2) any person directly or indirectly, (6) Any obligor with respect to the same meaning as that term is through one or more intermediaries, obligations or receivables included in defined in 29 CFR section 2550.408c–2. controlling, controlled by or under the trust constituting more than 5 S. ‘‘Qualified Administrative Fee’’ common control with Dillon; or percent of the aggregate unamortized means a fee which meets the following (3) any member of an underwriting principal balance of the assets in the criteria: syndicate or selling group of which trust, determined on the date of the (1) The fee is triggered by an act or Dillon or a person described in (2) is a initial issuance of certificates by the failure to act by the obligor other than manager or co-manager with respect to trust; or the normal timely payment of amounts the certificates. (7) Any affiliate of a person described owing in respect of the obligations; D. ‘‘Sponsor’’ means the entity that in (1)–(6) above. (2) The servicer may not charge the organizes a trust by depositing M. ‘‘Affiliate’’ of another person fee absent the act or failure to act obligations therein in exchange for includes: referred to in (1); certificates. (1) Any person directly or indirectly, (3) The ability to charge the fee, the E. ‘‘Master Servicer’’ means the entity through one or more intermediaries, circumstances in which the fee may be that is a party to the pooling and controlling, controlled by, or under charged, and an explanation of how the servicing agreement relating to trust common control with such other fee is calculated are set forth in the assets and is fully responsible for person; pooling and servicing agreement; and servicing, directly or through (2) Any officer, director, partner, (4) The amount paid to investors in subservicers, the assets of the trust. employee, relative (as defined in section the trust will not be reduced by the F. ‘‘Subservicer’’ means an entity amount of any such fee waived by the which, under the supervision of and on 3(15) of the Act), a brother, a sister, or a spouse of a brother or sister of such servicer. behalf of the master servicer, services T. ‘‘Qualified Equipment Note assets contained in the trust, but is not other person; and (3) Any corporation or partnership of Secured By A Lease’’ means an a party to the pooling and servicing which such other person is an officer, equipment note: agreement. (a) Which is secured by equipment G. ‘‘Servicer’’ means any entity which director or partner. which is leased; services assets contained in the trust, N. ‘‘Control’’ means the power to (b) Which is secured by the obligation including the master servicer and any exercise a controlling influence over the of the lessee to pay rent under the subservicer. management or policies of a person H. ‘‘Trustee’’ means the trustee of the other than an individual. equipment lease; and trust, and in the case of certificates O. A person will be ‘‘independent’’ of (c) With respect to which the trust’s another person only if: security interest in the equipment is at interests evidenced by other certificates issued by (1) such person is not an affiliate of least as protective of the rights of the the first trust. that other person; and trust as the trust would have if the Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17589 equipment note were secured only by respect to Confederation Life’s FOR FURTHER INFORMATION CONTACT: the equipment and not the lease. obligations under the terms of the GIC, Kathryn Parr of the Department, U. ‘‘Qualified Motor Vehicle Lease’’ or (2) from the sale or transfer of the GIC telephone (202) 219–8971. (This is not means a lease of a motor vehicle where: to unrelated third parties; a toll-free number.) (a) The trust holds a security interest (C) The Repayments will be made Virginia Fibre Corporation Employees in the lease; only after the Plan has recovered, Retirement Savings Plan (the Plan) (b) The trust holds a security interest through the Advances plus GIC Located in Amherst, Virginia in the leased motor vehicle; and Proceeds, the amount guaranteed by the (c) The trust’s security interest in the Employer with respect to the GIC; and [Prohibited Transaction Exemption 95–29; leased motor vehicle is at least as (D) To the extent the Advances exceed Exemption Application No. D–09901] protective of the trust’s rights as the GIC Proceeds, Repayment of the Exemption trust would receive under a motor difference will be waived. vehicle installment loan contract. For a more complete statement of the The restrictions of sections 406(a), V. ‘‘Pooling and Servicing facts and representations supporting 406(b)(1) and (b)(2) of the Act and the Agreement’’ means the agreement or this exemption, refer to the notice of sanctions resulting from the application agreements among a sponsor, a servicer proposed exemption published on of section 4975 of the Code, by reason and the trustee establishing a trust. In February 10, 1995 at 60 FR 8088. of section 4975(c)(1)(A) through (E) of the case of certificates which are the Code, shall not apply, effective WRITTEN COMMENTS: The Department denominated as debt instruments, February 1, 1995, to (1) the purchase received one written comment and no ‘‘Pooling and Servicing Agreement’’ also from the Plan (the Purchase) by the requests for a hearing. The comment includes the indenture entered into by Virginia Fibre Corporation (the was submitted by Plan participants who the trustee of the trust issuing such Employer), the sponsor of the Plan, of a expressed support for the proposed certificates and the indenture trustee. guaranteed investment contract (the exemption. After careful consideration For a more complete statement of the GIC) issued by the Confederation Life of the entire record, the Department has facts and representations supporting the Insurance Company (Confederation determined to grant the exemption. Department’s decision to grant this Life); or, in the alternative, (2) the exemption, refer to the notice of FOR FURTHER INFORMATION CONTACT: interest-free loan to the Plan by the proposed exemption published on Ronald Willett of the Department, Employer (the Loan) with respect to the January 30, 1995 at 60 FR 5720. telephone (202) 219–8881. (This is not GIC, including repayment of the Loan; FOR FURTHER INFORMATION CONTACT: a toll-free number.) provided that the following conditions Virginia J. Miller of the Department, Manke Lumber Company, Inc. Profit are satisfied: telephone (202) 219–8971. (This is not Sharing Plan (the Plan) Located in (A) All terms and conditions of the a toll-free number.) Tacoma, Washington transactions are at least as favorable to the Plan as those which the Plan could PACCAR Inc Savings Investment Plan [Prohibited Transaction Exemption 95–28; obtain in an arm’s-length transaction (the Plan) Located in Bellevue, Application No. D–09897] with an unrelated party; Washington Exemption (B) In the event of the Purchase, the [Prohibited Transaction Exemption 95–27; Plan receives a cash purchase price Exemption Application No. D–09855] The restrictions of sections 406(a), 406(b)(1) and (b)(2) of the Act and the which is no less than the greater of (1) Exemption sanctions resulting from the application the fair market value of the GIC as of the sale date, or (2) the GIC’s Maturity The restrictions of sections 406(a), of section 4975 of the Code, by reason of section 4975(c)(1) (A) through (E) of Payment, as described in the Notice of 406(b)(1) and (b)(2) of the Act and the Proposed Exemption; sanctions resulting from the application the Code, shall not apply to the proposed cash sale (the Sale) by the (C) In the event of the Loan: (1) The of section 4975 of the Code, by reason Loan is in the amount of the GIC’s of section 4975(c)(1) (A) through (E) of Plan of certain real property (the Property) to Manke Family Resources, Maturity Payment, as described in the the Code, shall not apply to (1) the Notice of Proposed Exemption; (2) the guarantee by PACCAR Inc (the Limited Partnership. This exemption is conditioned upon Loan is repaid only from GIC Proceeds, Employer), the sponsor of the Plan, of defined as the amounts paid by or on the Plan’s investment in a guaranteed the following requirements: (1) All terms and conditions of the Sale are at behalf of Confederation Life or any other investment contract (the GIC) issued by entity making payment with respect to Confederation Life Insurance Company least as favorable to the Plan as those obtainable in an arm’s length Confederation Life’s obligations under (Confederation Life), including the the GIC; (3) the Plan incurs no expenses potential extensions of credit to the Plan transaction with an unrelated party; (2) the Sale is a one-time cash transaction; or interest with respect to the Loan; and by the Employer (the Advances) (4) repayment of the Loan is waived to pursuant to the Guarantee; and (2) the (3) the Plan is not required to pay any commissions, costs or other expenses in the extent the Loan exceeds the GIC potential repayment of the Advances Proceeds. (the Repayments); provided that the connection with the Sale; and (4) the following conditions are satisfied: Plan receives a sales price equal to the EFFECTIVE DATE: This exemption is (A) All terms and conditions of the greater of: (a) the fair market value of the effective as of February 1, 1995. transactions are no less favorable to the Property on the date of the Sale; or (b) For a more complete statement of the Plan than those which the Plan could the Plan’s aggregate costs of acquiring facts and representations supporting obtain in an arm’s length transaction and holding the Property. this exemption, refer to the notice of with an unrelated party; For a more complete statement of the proposed exemption published on (B) The Repayments are made only facts and representations supporting the February 10, 1995 at 60 FR 8091. from GIC Proceeds, defined as the Department’s decision to grant this FOR FURTHER INFORMATION CONTACT: amounts actually received by the Plan exemption refer to the notice of Ronald Willett of the Department, (1) From Confederation Life or any proposed exemption published on telephone (202) 219–8881. (This is not other entity making payment with February 10, 1995 at 60 FR 8090. a toll-free number.) 17590 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Employee Benefit Capital Preservation (2) These exemptions are learned that two of the six SRVs tested Fund of Central Fidelity National Bank supplemental to and not in derogation had lift settings that were not within the (the Fund) Located in Richmond, of, any other provisions of the Act and/ current tolerance band allowed by the Virginia or the Code, including statutory or technical specifications. This resulted in three additional SRVs being tested and [Prohibited Transaction Exemption 95–30; administrative exemptions and Exemption Application No. D–09905] transactional rules. Furthermore, the two additional SRVs found to lift at fact that a transaction is subject to an pressures slightly outside the existing Exemption administrative or statutory exemption is tolerance band. The remaining nine The restrictions of sections 406(a), not dispositive of whether the SRVs are required to be tested based on 406(b)(1) and (b)(2) of the Act and the transaction is in fact a prohibited the current technical specifications. sanctions resulting from the application transaction; and This testing would involve a significant of section 4975 of the Code by reason of (3) The availability of these financial cost, the collection of section 4975(c)(1)(A) through (E) of the exemptions is subject to the express approximately 11 person-rem of radiation exposure by plant workers, Code shall not apply to the past sale by condition that the material facts and and a delay in the restart of Unit 2. The the Fund of three Guaranteed Income representations contained in each history of the safety relief value testing Contracts (the GICs) of Confederation application accurately describes all at LaSalle is such that the licensee did Life Insurance Company to Central material terms of the transaction which not anticipate the immediate need for an Fidelity Bank, Inc., a party in interest is the subject of the exemption. Signed at Washington, D.C., this 31st day increased tolerance band. However, as with respect to the Fund, provided the of March, 1995. part of a longer range plan to reduce the following conditions are satisfied: (1) Ivan Strasfeld, number of SRVs and increase the the sale was a one-time transaction for Director of Exemption Determinations, allowable lift setting tolerances, the cash; (2) the Fund received no less than Pension and Welfare Benefits Administration, licensee had performed much of the the fair market value of the GICs at the Department of Labor. analyses required to justify the proposed time of the transaction; (3) the purchase [FR Doc. 95–8394 Filed 4–5–95; 8:45 am] amendment request. On March 27, 1995, price was not less than the GICs’ BILLING CODE 4510±29±P the licensee decided to expedite the accumulated book values (defined as SRV lift setting technical specification total deposits plus interest accrued but change for LaSalle Unit 2. The licensee unpaid at the GICs’ stated rates of NUCLEAR REGULATORY completed the review and submitted the interest through the date of sale, less COMMISSION request on March 31, 1995. To avoid the withdrawals) as of the date of the sale. [Docket No. 50±374] radiation exposures and restart delays For a more complete statement of the associated with testing the remaining facts and representations supporting the Commonwealth Edison Co.; Notice of nine SRVs, the proposed amendment Department’s decision to grant this Consideration of Issuance of would need to be issued before April 22, exemption, refer to the notice of Amendment to Facility Operating 1995, and therefore the request does not proposed exemption published on License, Proposed No Significant afford the normal 30-day comment January 30, 1995 at 60 FR 5730. Hazards Consideration Determination, period. EFFECTIVE DATE: This exemption is and Opportunity for a Hearing Pursuant to 10 CFR 50.91(a)(6) for effective on December 29, 1994. amendments to be granted under The U.S. Nuclear Regulatory exigent circumstances, the NRC staff FOR FURTHER INFORMATION CONTACT: Gary Commission (the Commission) is must determine that the amendment H. Lefkowitz of the Department, considering issuance of an amendment request involves no significant hazards telephone (202) 219–8881. (This is not to Facility Operating License No. NPF– consideration. Under the Commission’s a toll-free number.) 18, issued to Commonwealth Edison regulations in 10 CFR 50.92, this means General Information Company (the licensee), for operation of that operation of the facility in the LaSalle County Station, Unit 2, accordance with the proposed The attention of interested persons is located in LaSalle County, Illinois. amendment would not (1) Involve a directed to the following: The proposed amendment would significant increase in the probability or (1) The fact that a transaction is the revise the safety/relief valve (SRV) consequences of an accident previously subject of an exemption under section safety function lift setting allowable evaluated; or (2) create the possibility of 408(a) of the Act and/or section tolerance band from (¥3% to +1%) to a new or different kind of accident from 4975(c)(2) of the Code does not relieve (¥3% to +3%) and include as-left SRV any accident previously evaluated; or a fiduciary or other party in interest or lift setting tolerances of (¥1% to +1%). (3) involve a significant reduction in a disqualified person from certain other Before issuance of the proposed margin of safety. As required by 10 CFR provisions to which the exemptions license amendment, the Commission 50.91(a), the licensee has provided its does not apply and the general fiduciary will have made findings required by the analysts of the issue of no significant responsibility provisions of section 404 Atomic Energy Act of 1954, as amended hazards consideration. The staff has of the Act, which among other things (the Act) and the Commission’s reviewed the licensee’s analysis against require a fiduciary to discharge his regulations. the standards of 10 CFR 50.92(c). The duties respecting the plan solely in the Section 50.91(a)(6) of Title 10 of the NRC staff’s review is presented below. interest of the participants and Code of Federal Regulations specifies 1. The proposed change does not beneficiaries of the plan and in a that the Commission may, where involve a significant increase in the prudent fashion in accordance with exigent circumstances exist, allow less probability or consequences of an section 404(a)(1)(B) of the Act; nor does than the 30 days for public comment. accident previously evaluated. it affect the requirement of section Exigent circumstances have been found The probability of an accident 401(a) of the Code that the plan must to exist for this proposed amendment. previously evaluated will not increase operate for the exclusive benefit of the On March 18, 1995, with LaSalle Unit as a result of this change, because the employees of the employer maintaining 2 in a shutdown condition for the only change are the tolerances for the the plan and their beneficiaries; current refueling outage, the licensee SRV opening setpoints and the speed of Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17591 the reactor core isolation cooling system continue to function as intended, the Federal workdays. Copies of written (RCIC) turbine and pump. Changing the proposed changes do not create the comments received may be examined at maximum allowable opening setpoint possibility of a new or different kind of the NRC Public Document Room, the for the SRVs does not cause any accident from any previously evaluated. Gelman Building, 2120 L Street, NW., accident previously evaluated to occur, 3. The proposed change does not Washington, DC. or degrade valve or system performance involve a significant reduction in the The filing of requests for hearing and in any way so as to cause an accident margin of safety. petitions for leave to intervene is to occur with an increased frequency. In While the calculated peak vessel discussed below. addition, the increased speed of the pressures for the ASME By May 8, 1995, the licensee may file RCIC turbine and pump are within the overpressurization event and the MSIV a request for a hearing with respect to design limits of the system. RCIC closure ATWS event are larger than that issuance of the amendment to the operability and failure probabilities are previously calculated without the subject facility operating license and not impacted by this change. proposed setpoint tolerance increases, any person whose interest may be The consequences of an ASME the new peak pressures remain far affected by this proceeding and who overpressurization event are not below the respective licensing wishes to participate as a party in the significantly increased and do not acceptance limits associated with these proceeding must file a written request exceed the previously accepted events. These licensing acceptance for a hearing and a petition for leave to licensing criteria for this event. GE has limits have been previously evaluated as intervene. Requests for a hearing and a calculated the revised peak vessel providing a sufficient margin of safety. petition for leave to intervene shall be pressure for LaSalle Station to be 1341 For other accidents and transients, the filed in accordance with the psig, which is well below the 1375 psig increased setpoint tolerances have a Commission’s ‘‘Rules of Practice for criterion of the ASME Code for upset negligible, if any, effect on the results, Domestic Licensing Proceedings’’ in 10 conditions, referenced in Section 5.2.2, so the margin of safety is preserved. CFR part 2. Interested persons should Overpressurization Protection, of the Based on the this review, it appears consult a current copy of 10 CFR 2.714 Updated Final Safety Analysis Report that the three standards of 10 CFR which is available at the Commission’s (UFSAR), and NUREG–0519 (Safety 50.92(c) are satisfied. Therefore, the Public Document Room, the Gelman Evaluation Report related to the NRC staff proposes to determine that the Building, 2120 L Street, NW., operation of LaSalle County Station, amendment request involves no Washington, DC, and at the local public Units 1 and 2, March 1981), and Section significant hazards consideration. document room located at the Public 15.2–4, Closure of Main Steam Isolation The Commission is seeking public Library of Illinois Valley Community Valves (BWR) of NUREG–0800 comments on this proposed College, Rural Route No. 1, Oglesby, (Standard Review Plan). determination. Any comments received Illinois 61348. If a request for a hearing GE has also performed an analysis of within 15 days after the date of or petition for leave to intervene is filed the limiting anticipated transient publication of this notice will be by the above date, the Commission or an without scram (ATWS) event, which is considered in making any final Atomic Safety and Licensing Board, the main steam isolation valve (MSIV) determination. Normally, the designated by the Commission or by the closure event. This analysis calculated Commission will not issue the Chairman of the Atomic Safety and the peak vessel pressure to be 1457 psig, amendment until the expiration of the Licensing Board Panel, will rule on the which is well below the 1500 psig 15-day notice period. However, should request and/or petition; and the criterion of the ASME Code for circumstances change during the notice Secretary or the designated Atomic emergency conditions. period, such that failure to act in a Safety and Licensing Board will issue a Per NUREG–0519, listed above, timely way would result, for example, notice of hearing or an appropriate Section 5.4.1 and Technical in derating or shutdown of the facility, order. Specification 4.7.3.b, the RCIC pump is the Commission may issue the license As required by 10 CFR 2.714, a required to develop flow greater than or amendment before the expiration of the petition for leave to intervene shall set equal to 600 gpm in the test flow path 15-day notice period, provided that its forth with particularity the interest of with a system head corresponding to final determination is that the the petitioner in the proceeding, and reactor vessel operating pressure when amendment involves no significant how that interest may be affected by the steam is supplied to the turbine at 1000 hazards consideration. The final results of the proceeding. The petition +20, ¥80 psig. Increasing the turbine determination will consider all public should specifically explain the reasons and pump speed ensures these criteria and State comments received. Should why intervention should be permitted will still be met and the consequences the Commission take this action, it will with particular reference to the of an accident will not increase. publish in the Federal Register a notice following factors: (1) The nature of the Therefore, there is not a significant of issuance. The Commission expects petitioner’s right under the Act to be increase in the consequences of an that the need to take this action will made a party to the proceeding; (2) the accident previously evaluated. occur very infrequently. nature and extent of the petitioner’s 2. The proposed change does not Written comments may be submitted property, financial, or other interest in create the possibility of a new or by mail to the Rules Review and the proceeding; and (3) the possible different kind of accident from any Directives Branch, Division of Freedom effect of any order which may be accident previously evaluated. of Information and Publications entered in the proceeding on the The only physical changes are to Services, Office of Administration, U.S. petitioner’s interest. The petition should increase the allowable tolerances for Nuclear Regulatory Commission, also identify the specific aspect(s) of the SRV opening setpoints and to increase Washington, DC 20555, and should cite subject matter of the proceeding as to the RCIC pump and turbine speeds. the publication date and page number of which petitioner wishes to intervene. These changes do not result in any this Federal Register notice. Written Any person who has filed a petition for changed component interactions. The comments may also be delivered to leave to intervene or who has been SRVs and RCIC will still provide the Room 6D22, Two White Flint North, admitted as a party may amend the functions for which they were designed. 11545 Rockville Pike, Rockville, petition without requesting leave of the Since all of the systems evaluated will Maryland, from 7:30 a.m. to 4:15 p.m. Board up to 15 days prior to the first 17592 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices prehearing conference scheduled in the A request for a hearing or a petition [Docket No. 50±416] proceeding, but such an amended for leave to intervene must be filed with petition must satisfy the specificity the Secretary of the Commission, U.S. Entergy Operations, Inc. (Grand Gulf Nuclear Station Unit 1); Exemption requirements described above. Nuclear Regulatory Commission, Not later than 15 days prior to the first Washington, DC 20555, Attention: I prehearing conference scheduled in the Docketing and Services Branch, or may Entergy Operations, Inc., (the proceeding, a petitioner shall file a be delivered to the Commission’s Public supplement to the petition to intervene licensee) is the holder of Facility Document Room, the Gelman Building, Operating License No. NPF–29, which which must include a list of the 2120 L Street, NW., Washington, DC, by contentions which are sought to be authorizes operation of the Grand Gulf the above date. Where petitions are filed Nuclear Station, Unit 1. The operating litigated in the matter. Each contention during the last 10 days of the notice must consist of a specific statement of license provides, among other things, period, it is requested that the petitioner that the licensee is subject to all rules, the issue of law or fact to be raised or promptly so inform the Commission by controverted. In addition, the petitioner regulations, and orders of the a toll-free telephone call to Western shall provide a brief explanation of the Commission now and hereafter in effect. Union at 1–(800) 248–5100 (in Missouri The facility consists of a boiling water bases of the contention and a concise reactor at the licensee’s site in Claiborne statement of the alleged facts or expert 1–(800) 342–6700). The Western Union County, Mississippi. opinion which support the contention operator should be given Datagram and on which the petitioner intends to Identification Number N1023 and the II following message addressed to Robert rely in proving the contention at the Title 10 CFR 73.55, ‘‘Requirements for hearing. The petitioner must also A. Capra, Director, Project Directorate III–2: petitioner’s name and telephone physical protection of licensed activities provide references to those specific in nuclear power reactors against number, date petition was mailed, plant sources and documents of which the radiological sabotage,’’ paragraph (a), in name, and publication date and page petitioner is aware and on which the part, states that ‘‘The licensee shall number of this Federal Register notice. petitioner intends to rely to establish establish and maintain an onsite those facts or expert opinion. Petitioner A copy of the petition should also be physical protection system and security must provide sufficient information to sent to the Office of the General organization which will have as its show that a genuine dispute exists with Counsel, U.S. Nuclear Regulatory objective to provide high assurance that the applicant on a material issue of law Commission, Washington, DC 20555, activities involving special nuclear or fact. Contentions shall be limited to and to Michael I. Miller, Espire; Sidley material are not inimical to the common matters within the scope of the and Austin, One First National Plaza, defense and security and do not amendment under consideration. The Chicago, Illinois 60690, attorney for the constitute an unreasonable risk to the contention must be one which, if licensee. public health and safety.’’ proven, would entitle the petitioner to Nontimely filings of petitions for 10 CFR 73.55(d), ‘‘Access relief. A petitioner who fails to file such leave to intervene, amended petitions, Requirements,’’ paragraph (1), specifies a supplement which satisfies these that ‘‘The licensee shall control all requirements with respect to at least one supplemental petitions and/or requests for hearing will not be entertained points of personnel and vehicle access contention will not be permitted to into a protected area.’’ 10 CFR participate as a party. absent a determination by the Commission, the presiding officer or the 73.55(d)(5) requires that ‘‘A numbered Those permitted to intervene become picture badge identification system shall presiding Atomic Safety and Licensing parties to the proceeding, subject to any be used for all individuals who are Board that the petition and/or request limitations in the order granting leave to authorized access to protected areas intervene, and have the opportunity to should be granted based upon a without escort.’’ 10 CFR 73.55(d)(5) also participate fully in the conduct of the balancing of the factors specified in 10 states that an individual not employed hearing, including the opportunity to CFR 2.714(a)(1) (i)–(v) and 2.714(d). by the licensee (i.e., contractors) may be present evidence and cross-examine For further details with respect to this authorized access to protected areas witnesses. action, see the application for without escort provided the individual If the amendment is issued before the amendment dated March 31, 1995, ‘‘receives a picture badge upon entrance expiration of the 30-day hearing period, which is available for public inspection into the protected area which must be the Commission will make a final at the Commission’s Public Document returned upon exit from the protected determination on the issue of no Room, the Gelman Building, 2120 L area * * *’’ significant hazards consideration. If a Street, NW., Washington, DC, and at the The licensee proposed to implement hearing is requested, the final local public document room, located at an alternative unescorted access control determination will serve to decide when the Public Library of Illinois Valley system which would eliminate the need the hearing is held. Community College, Rural Route No. 1, to issue and retrieve badges at each If the final determination is that the Oglesby, Illinois 61348. entrance/exit location and would allow amendment request involves no all individuals with unescorted access significant hazards consideration, the Dated at Rockville, Maryland, this 4th day to keep their badge with them when Commission may issue the amendment of April 1995. departing the site. and make it immediately effective, For the Nuclear Regulatory Commission. An exemption from 10 CFR notwithstanding the request for a William D. Reckley, 73.55(d)(5) is required to allow hearing. Any hearing held would take Project Manager, Project Directorate III–2, contractors who have unescorted access place after issuance of the amendment. Division of Reactor Projects—III/IV, Office of to take their badges offsite instead of If the final determination is that the Nuclear Reactor Regulation. returning them when exiting the site. By amendment request involves a [FR Doc. 95–8575 Filed 4–5–95; 8:45 am] letter dated October 24, 1994, the significant hazards consideration, any licensee requested an exemption from hearing held would take place before BILLING CODE 7590±01±M certain requirements of 10 CFR the issuance of any amendment. 73.55(d)(5) for this purpose. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17593 III regulations permit employees to remove access control cards will continue to be Pursuant to 10 CFR 73.5, ‘‘Specific their badges from the site, but an used for all individuals who are exemptions,’’ the Commission may, exemption from 10 CFR 73.55(d)(5) is authorized access to protected areas upon application of any interested required to permit contractors to take without escorts. Badges will continue to person or upon its own initiative, grant their badges offsite instead of returning be displayed by all individuals while such exemptions from the requirements them when exiting the site. inside the protected area. Addition of a Under the proposed system, all of the regulations in this part as it hand geometry biometrics system will individuals authorized to gain determines are authorized by law and provide a significant contribution to unescorted access will have the physical will not endanger life or property or the effective implementation of the security characteristics of their hand (hand common defense and security, and are plan at each site. geometry) recorded with their badge otherwise in the public interest. number. Since the hand geometry is IV Pursuant to 10 CFR 73.55, the unique to each individual and its For the foregoing reasons, pursuant to Commission may authorize a licensee to application in the entry screening 10 CFR 73.55, the NRC staff has provide alternative measures for function would preclude unauthorized determined that the proposed protection against radiological sabotage use of a badge, the requested exemption alternative measures for protection provided the licensee demonstrates that would allow employees and contractors against radiological sabotage meet ‘‘the the alternative measures have ‘‘the same to keep their badges at the time of same high assurance objective,’’ and high assurance objective’’ and meet ‘‘the exiting the protected area. The process ‘‘the general performance requirements’’ general performance requirements’’ of of verifying badge issuance, ensuring of the regulation and that ‘‘the overall the regulation, and ‘‘the overall level of badge retrieval, and maintaining badges level of system performance provides system performance provides protection could be eliminated while the balance protection against radiological sabotage against radiological sabotage of the access procedure would remain equivalent’’ to that which would be equivalent’’ to that which would be intact. Firearm, explosive, and metal provided by the regulation. provided by the regulation. detection equipment and provisions for Accordingly, the Commission has Currently, employee and contractor conducting searches will remain as determined that, pursuant to 10 CFR identification badges, coupled with well. The security officer responsible for 73.5, an exemption is authorized by law, their associated access control cards, are the last access control function will not endanger life or property or issued and retrieved on the occasion of (controlling admission to the protected common defense and security, and is each entry to and exit from the area) will also remain isolated within a otherwise in the public interest. protected areas of the Grand Gulf site. bullet-resistant structure in order to Therefore, the Commission hereby Station security personnel are required assure his or her ability to respond or grants Entergy Operations, Inc. an to maintain control of the badges while to summon assistance. exemption from those requirements of the individuals are offsite. This practice Use of a hand geometry biometrics 10 CFR 73.55(d)(5) relating to the has been in effect at the Grand Gulf system exceeds the present verification returning of picture badges upon exit Nuclear Station, Unit 1 since the methodology’s capability to discern an from the protected area such that operating license was issued. Security individual’s identity. Unlike the individuals not employed by the personnel retain each identification photograph identification badge, hand licensee, i.e., contractors, who are badge, as well as the associated access geometry is nontransferable. During the authorized unescorted access into the control card, when not in use by the initial access authorization or protected area, can take their badges authorized individual, within registration process, hand offsite. appropriately designed storage measurements are recorded and the Pursuant to 10 CFR 51.32, the receptacles inside a bullet-resistant template is stored for subsequent use in Commission has determined that the enclosure. An individual who meets the the identity verification process granting of this exemption will have no access authorization requirements is required for entry into the protected significant impact on the quality of the issued an individual picture area. Authorized individuals insert their human environment (60 FR 16683). This identification card and an individual access authorization card into the card exemption is effective upon issuance. access control card which allows entry reader and the biometrics system into preauthorized areas of the station. Dated at Rockville, Maryland, this 31st day records an image of the hand geometry. of March 1995. While entering the plant in the present The unique features of the newly For the Nuclear Regulatory Commission. configuration, an authorized individual recorded image are then compared to is ‘‘screened’’ by the required detection the template previously stored in the Elinor Adensam, equipment and by the issuing security database. Access is ultimately granted Acting Director, Division of Reactor Projects— III/IV, Office of Nuclear Reactor Regulation. officer. Having received the badge, the based on the degree to which the individual proceeds to the access portal, characteristics of the image match those [FR Doc. 95–8452 Filed 4–5–95; 8:45 am] inserts the access control card into the of the ‘‘signature’’ template. BILLING CODE 7590±01±M card reader, enters a personal Since both the badge and hand identification number (PIN), and passes geometry would be necessary for access [Docket No. 50±286] through the turnstile which unlocks if into the protected area, the proposed the preset criteria are met. Once inside system would provide for a positive Power Authority of the State of New the station, the individual’s PIN is not verification process. Potential loss of a York, (Indian Point Nuclear Generating required in order to further utilize the badge by an individual, as a result of Unit No. 3); Exemption access authorization card. taking the badge offsite, would not This present procedure is labor enable an unauthorized entry into I intensive since security personnel are protected areas. The Power Authority of the State of required to verify badge issuance, The access process will continue to be New York (the licensee) is the holder of ensure badge retrieval, and maintain the under the observation of security Facility Operating License No. DPR–64, badges in orderly storage until the next personnel. The system of identification which authorizes operation of the entry into the protected area. The badges coupled with their associated Indian Point Nuclear Generating Unit 17594 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices No. 3 (IP3). The license provides, among June 14, 1985, the licensee applied for exemption is still valid. The licensee other things, that the licensee is subject an exemption to the requirements of has also confirmed that the security to all rules, regulations, and orders of Section III.J, to allow use of lighting system still achieves the the Nuclear Regulatory Commission (the permanently installed security lighting underlying purpose of the rule in that it Commission) now or hereafter in effect. for providing an illuminated access and provides adequate illumination to The facility consists of a pressurized egress route to the Appendix R diesel perform all Appendix R required water reactor at the licensee’s site generator which is located in the activities in the outside yard for a located in Westchester County, New outside yard. period of at least 8 hours and is not York. As justification, the licensee indicated impacted by fires in other areas of the that the yard area lighting for access and II plant for which Appendix R fires need egress to the Appendix R diesel to be considered. By letter dated March 15, 1995, the generator was already part of the licensee requested to modify an existing security lighting system. As such, IV exemption from the requirements of 10 illumination is provided in accordance CFR Part 50, Appendix R, Section III.J, with 10 CFR 73.55(c)(5). The security Accordingly, the Commission has which had been issued by the NRC on lighting system is powered by a determined, pursuant to 10 CFR 50.12, January 17, 1987. Section III.J specifies dedicated propane powered generator that (1) the Modified Exemption as emergency lighting requirements for which operates in the event of a loss of described in Section III is authorized by operation of safe shutdown equipment power to the security system and this law, will not endanger life or property, and in access and egress routes thereto. generator is physically separated from and is otherwise in the public interest The January 17, 1987, exemption the plant; therefore, an Appendix R fire and (2) special circumstances exist allowed use of permanently installed scenario will not affect operation of the pursuant to 10 CFR 50.12(a)(2)(ii), in security lighting, in place of emergency security backup generator supply. In that application of the regulation in lighting as specified in Section III.J, for addition, the security backup generator these particular circumstances is not access and egress to the Appendix R has a sufficient capacity and fuel supply necessary to achieve the underlying diesel generator which is located in the to power the outside yard lighting for purpose of the rule. outside yard area. the requisite 8-hour time period. The During a programmatic review of the licensee concluded that the security Therefore, the Commission hereby Appendix R, compliance strategy at IP3, lighting system was highly reliable and, grants the following Modification to our the licensee identified that certain as such, installation of the battery- Exemption of January 17, 1987: operator actions, which had not be powered lights, as required by Section (1) The Exemption from the included in the previous Appendix R III.J, would not enhance the safe requirement of 10 CFR Part 50, compliance strategy, were needed. shutdown capability at IP3. Appendix J, Section III.J, issued to the These additional operator actions were The NRC staff agreed with the Power Authority of the State of New in the outside yard area at the technical justification presented in the York on January 17, 1987, remains in condensate storage tank (CST), refueling licensee’s June 14, 1985, letter, and effect. The Power Authority of the State water storage tank (RWST), and backup issued an Exemption from the of New York is also exempt from the service water pump platform. Thus, in requirement of Section III.J. for access requirement of 10 CFR Part 50, accordance with Appendix R, Section and egress to the Appendix R diesel Appendix J, Section III.J, to the extent III.J, emergency lighting would be generator. In the licensee’s March 15, that security lighting in the outside yard required for these additional areas. As 1995, letter, the same technical area can be used in lieu of the such, the licensee’s March 15, 1995, justification is presented for use of emergency lighting as specified in letter requested modification of the permanently installed security lighting, Section III.J, at the following additional January 7, 1987, exemption to extend in lieu of battery-powered lights, as locations in the outside yard area: the use of security lighting in the required by Section III.J, for three outside yard area to include the CST, additional areas in the outside yard. —The Condensate Storage Tank Area RWST, and backup service water These additional areas were a result of —The Refueling Water Storage Tank platform. a reassessment of the IP3 Appendix R Area III compliance strategy. The areas and the operator actions needed in each area are —The Backup Service Water Pump Pursuant to 10 CFR 50.12, the as follows: Strainer Area Commission may, upon application by (1) Condensate Storage Tank: The Pursuant to 10 CFR 51.32, the any interested person or upon its own operators would verify tank level at the Commission has determined that the initiative, grant exemptions from the local indicator and during sub-freezing granting of this Modified Exemption requirements of 10 CFR Part 50 when (1) weather might need to place portable will have no significant impact on the the exemptions are authorized by law, heaters in the area to maintain level quality of the human environment (60 will not present an undue risk to public indicator operable. FR 15944). health and safety, and are consistent (2) Refueling Water Storage Tank: The with the common defense and security operators would verify tank level at the This Exemption is effective upon and (2) when special circumstances are local indicator and during sub-freezing issuance. present as set forth in 10 CFR weather might need to place portable Dated at Rockville, Maryland, this 29th day 50.12(a)(2). heaters in the area to maintain level of March 1995. Section III.J of 10 CFR Part 50, indicator operable. For the Nuclear Regulatory Commission. Appendix R, requires that emergency (3) Backup Service Water Pumps: The lighting units with at least an 8-hour operators would manually backlfush the Steven A. Varga, battery power supply shall be provided strainers. Director, Division of Reactor Projects—I/II, in all areas needed for operation of safe The licensee has confirmed that the Office of Nuclear Reactor Regulation. shutdown equipment and in access and technical justification, which was also [FR Doc. 95–8453 Filed 4–5–95; 8:45 am] egress routes thereto. By letter dated the basis for the January 17, 1987, BILLING CODE 7590±01±M Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17595 OFFICE OF THE UNITED STATES allocation as the President determines SECURITIES AND EXCHANGE TRADE REPRESENTATIVE appropriate. COMMISSION Since the tariff-rate quota established Country Allocation of the Tariff-Rate [Release No. 34±35556; File No. SR±CHX± by Presidential Proclamation No. 6763 94±22] Quota for Certain Imported Sugars, replaced the previous tariff-rate quota, Syrups, and Molasses USTR is providing notice of the Self-Regulatory Organizations; AGENCY: Office of the United States allocation of the new tariff-rate quota for Chicago Stock Exchange, Trade Representative. the quota period January 1, 1995, Incorporated; Order Granting Approval through September 30, 1995. to Proposed Rule Change and Notice of Filing and Order Granting ACTION: Notice. Accelerated Approval to Amendment SUMMARY: The Office of the United Notice No. 3 to Proposed Rule Change States Trade Representative (USTR) is Relating to Exclusive Issues providing notice of the country-by- March 31, 1995. country allocations of the tariff-rate The in-quota quantity of the tariff-rate quota for certain imported sugars, quota for sugars, syrups and molasses I. Introduction syrups, and molasses established for the entered under subheading 1701.11.10, On November 10, 1994, the Chicago period January 1, 1995, through 1701.12.10, 1701.91.10, 1701.99.10, Stock Exchange, Incorporated (‘‘CHX’’ September 30, 1995. The new 1702.90.10 and 2106.90.44 for the or ‘‘Exchange’’ submitted to the allocations replace the allocations period of January 1 through September Securities and Exchange Commission previously made for the period of 30, 1995, is allocated to each of the (‘‘SEC’’ or ‘‘Commission’’), pursuant to August 1, 1994, through September 30, following countries and customs areas Section 19(b)(1) of the Securities 1995. in an amount equal to the remaining Exchange Act of 1934 (‘‘Act’’) 1 and Rule quantity available, if any, from the 19b–4 thereunder,2 a proposed rule EFFECTIVE DATE: January 1, 1995. allocation for that country or area for the change to impose additional quota period that began October 1, 1992, requirements and prohibitions on ADDRESSES: Inquiries may be mailed or plus the remaining quantity available, if specialists, and others associated with delivered to Tom Hushek, Senior any, from its allocation for the quota specialists units, registered in exclusive Economist, Office of Agricultural Affairs period which began on August 1, 1994: issues. On January 4, and 9, 1995, the (Room 421), or to Daniel Brinza, Senior Exchange submitted, respectively, Amendments Nos. 1 and 2 to the Advisor and Special Counsel for Natural 3 Resources, Office of the General Counsel Argentina, Australia, Barbados, proposed rule change. The proposed rule change was (Room 223); Office of the United States Belize, Bolivia, Brazil, Columbia, Congo, published for comment in Securities Trade Representative, 600 Seventeenth Costa Rica, Cote d’Ivoire, Dominican Exchange Act Release No. 35233 (Jan. Street, Washington, DC 20506. Republic, Ecuador, El Salvador, Fiji, Gabon, Guatemala, Guyana, Haiti, 18, 1995), 60 FR 4651 (Jan. 24, 1995). No Honduras, India, Jamaica, Madagascar, comments were received on the FOR FURTHER INFORMATION CONTACT: Tom Malawi, Mauritius, Mexico, proposal. On March 29, 1995, the Hushek, Office of Agricultural Affairs, Mozambique, Nicaragua, Panama, Papua Exchange submitted to the Commission 202–395–6127, or Daniel Brinza, Office New Guinea, Paraguay, Peru, Amendment No. 3 to the proposed rule of the General Counsel, 202–395–7305. Philippines, St. Kitts and Nevis, South change.4 This order approves the Africa, Swaziland, Taiwan, Thailand, proposed rule change, including SUPPLEMENTARY INFORMATION: Trinidad and Tobago, Uruguay, and Amendment No. 3, on an accelerated Presidential Proclamation No. 6763 of Zimbabwe. basis. December 23, 1994 established a tariff- II. Description of the Proposal rate quota for certain sugars, syrups, and molasses effective January 1, 1995, to The allocations for the quota period Currently, the Exchange Rules impose implement the Uruguay Round that began October 1, 1992, were only a general prohibition on Agreements approved by the Congress announced by USTR on August 27, specialists, who are prohibited from in the Uruguay Round Agreements Act 1992, and adjusted by USTR as effecting purchases or sales of any (URAA) (P.L. 103–465). This tariff-rate announced on July 1, 1993. The security in which the specialist is quota replaced the tariff-rate quota that allocations for the quota period which registered, unless such dealings are had been in effect previously. began on August 1, 1994, were reasonably necessary to permit such Presidential Proclamation No. 6763 also announced by USTR on August 11, specialist to maintain a fair and orderly provided an additional amount under 1994. market.5 The Exchange proposes a new the tariff-rate quota for the period rule, Article XXX, Rule 23, to impose January 1 through September 30, 1995, additional requirements and of 8,000 metric tons, raw value, of Signed at Washington, DC, on March 24, refined sugars originating in Canada. 1995. 1 15 U.S.C. 78s(b)(1) (1988). Presidential Proclamation No. 6763 2 17 CFR 240.19b–4 (1994). 3 also delegated to the United States See letters from David Rusoff, Foley & Lardner, Michael Kantor, to Amy Bilbija, SEC, dated December 29, 1994; and Trade Representative (USTR) the to Glen Barrentine, SEC, dated January 5, 1995. President’s authority under section Amendment Nos. 1 and 2 made non-substantive 404(d)(3) of the URAA (19 U.S.C. 3601) United States Trade Representative. changes to the proposal. to allocate the in-quota quantity of a 4 See letter from David Rusoff, Foley & Lardner, [FR Doc. 95–8476 Filed 4–5–95; 8:45 am] to Glen Barrentine, SEC, dated March 28, 1995. See tariff-rate quota for any agricultural infra note 6 for a description of Amendment No. 3. product among supplying countries or 5 See Chicago Stock Exchange Guide, Article customs areas and to modify any BILLING CODE 3190±01±M XXX, Rule 9, (CCH) ¶ 1929. 17596 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices prohibitions on specialists, and certain and share volume of each issue. The to occur in an issue that is also trading others, where specialists are registered specialists, therefore, will be able to on the NYSE, Amex, or Nasdaq/NMS, or in exclusive issues.6 Specifically, the determine whether additional where the Exchange specialist is making proposed rule prohibits specialists, co- requirements and prohibitions of Rule a de minimis market for a security.11 specialists, or other associated persons, 23 have been triggered. Moreover, the Commission finds good cause for approving Amendment No. 3 officer, directors, partners, or employees III. Discussion of specialist units registered in an to the proposed rule change prior to the exclusive issue from engaging in any The Commission finds that the thirtieth day after the date of business transaction with the issuer of proposed rule change is consistent with publication of notice of filing thereof. the exclusive issue.7 the requirements of the Act and rules The Exchange’s original proposal was The proposed rule also prohibits and regulations thereunder applicable to published in the Federal Register for certain specific dealings by specialists a national securities exchange, and, in the full statutory period and no in exclusive issues without the prior particular, with the requirements of comments were received.12 Amendment approval of the floor officials. For Section 6(b).9 The Commission believes No. 3 alters the definition of an example, a purchase at a price above the the proposal is consistent with the exclusive issue. Under the amended last sale in the same session or a Section 6(b)(5) requirements that the definition, the Exchange must have proposed transaction involving a price rules of an exchange be designed to executed 15% or more of the volume in movement of 1⁄2 point or more are not promote just and equitable principles of a particular issue during the three to be effected except with the prior trade, to prevent fraudulent and previous months for a security to qualify approval of two floor officials. manipulative acts, and, in general, to as an exclusive issue rather than 25% or Moreover, the proposed rules makes the protect investors and the public interest. more of the transactions as originally ‘‘equalizing’’ exemption in paragraph The Commission believes that the rule proposed. The Commission believes that (e)(5) of SEC Rule 10a–1 unavailable for change will benefit investors by a threshold based upon the volume of specialists and market makers when eliminating a potential conflict of shares executed rather than upon the selling short an exclusive issue.8 interest between specialists registered in number of transactions is unlikely to Finally, the Exchange will provide exclusive issues and issuers of such alter the number of specialists affected specialists who are registered in issues securities. Because business by the proposed rule. Moreover, to the that are not traded on the New York or transactions between specialists and extent a threshold based upon volume American Stock Exchanges or Nasdaq/ issuers may exert an improper influence would have such an effect, the NMS with a statistical report on a over specialists, the proposed rule Commission believes that the lower monthly basis containing data for trade explicitly prohibits these types of numerical percentage is likely to transactions as to specialists registered provide a sufficient cushion to offset 6 An ‘‘exclusive issue’’ is defined in the proposed in exclusive issues. The Commission any decrease in the number of rule as the stock of any company traded on the believes that the proposed rule would specialists that otherwise would be Exchange not otherwise traded on the New York or be in the interest of the investing public affected by the proposed rule. American Stock Exchanges or Nasdaq/MNS, and, because it sets a standard higher than where there exists another market for such issue the IV. Solicitation of Comments Exchange has executed 15% or more of the volume the Exchange Rules currently provide in the issue during the three previous months. for specialists, and others associated Interested persons are invited to Amendment No. 3 amended the definition of with specialist units, registered in submit written data, views, and ‘‘exclusive issue,’’ to include issues where the exclusive issues.10 arguments concerning Amendment No. Exchange has executed 15% or more of the volume 3. Persons making written submissions in the issue during the three previous months rather At the present time, the Commission than 25% or more of the transactions in the issue. believes that the limitation of the should file six copies thereof with the In Amendment No. 3, the Exchange noted that, proposed rule’s prohibition to exclusive Secretary, Securities and Exchange currently, 14 issues that are not traded on the New issues is appropriate. Exclusive issues, Commission, 450 Fifth Street, NW., York or American Stock Exchanges or Nasdaq/NMS Washington, DC 20549. Copies of the are traded on the Exchange and assigned to as defined by the proposed rule, would specialists. Of these 14 issues, the Exchange trades exclude only those issues that are traded submission, all subsequent more than 25% of the volume of 7 issues and less on the New York Stock Exchange, Inc. amendments, all written statements than 4% in 7 issues. See letter from David Rusoff, (‘‘NYSE’’), the American Stock with respect to the proposed rule Foley & Lardner, to Glen Barrentine, SEC, dated Exchange, Inc. (‘‘Amex’’), or Nasdaq/ change that are filed with the March 28, 1995. Commission, and all written 7 The term ‘‘business transaction’’ is intended to NMS, or where the Exchange is making be interpreted broadly to include: loans, purchase a de minimis market for the security. communications relating to the of assets from the issuer, and acquisition of any Where the Exchange is the primary proposed rule change between the beneficial ownership of shares of such issuer. market for an issue, the Exchange Commission and any person, other than 8 17 CFR 240.10a–1(e)(5). Rule 10a–1 generally those that may be withheld from the prohibits persons from effecting a short sale or a specialists would have more of an registered security (a) below the price of the last opportunity to manipulate the market public in accordance with the sale, or (b) at such price if it is lower than the last for the security and abuse the specialist provisions of 5 U.S.C. § 552, will be sale at a different price. The exception provided for position. Such a situation is less likely in paragraph (e)(5) permits registered specialists or 11 The Commission, however, does not dismiss registered exchange market maker (or a third market the possibility that there may arise a situation in the maker for its own account over-the-counter) to 9 15 U.S.C. 78f(b) (1988). future where it would be appropriate to extend the effect, for their own account, a sale (a) at a price 10 The Commission’s review of the rules of the prohibition of the proposed rule to all specialists equal to or above the last sale, or (b) at a price equal regional exchanges indicates that only the Boston regardless of the issues in which they are registered. to the most recent offer communicated for the Stock Exchange, Inc. (‘‘BSE’’) has a similar business Although the 15% threshold provides a benchmark security by such registered person if such offer, transaction prohibition on equity specialists. See for determining when the Exchange is a primary when communicated, was equal to or above the last Boston Stock Exchange Guide, Chapter XV, Section market for a security, it may become appropriate at sale. In addition, the Rule expressly provides that 11, (CCH) ¶ 2149. The Rules of the Philadelphia some point to impose the prohibition on all an exchange may prohibit its registered specialists Stock Exchange, Inc. (‘‘Phlx’’) prohibit only option specialists because of the difficulties with and market makers from availing themselves of the specialists from conducting business transactions monitoring exclusive issues through the use of exemption if the exchange determines that such with an issuer of a security underlying an option historical data and the potential manipulating the action is necessary or appropriate in its market, in in which the specialist is registered. See volume of trading to avoid the prohibition. the public interest, or for the protection of Philadelphia Stock Exchange Guide, rule 1023(a), 12 See Securities Exchange Act Release No. 35233 investors. (CCH) ¶ 3023. (Jan. 18, 1995), 60 FR 4651 (Jan. 24, 1995). Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17597 available for inspection and copying at which will become effective June 7, II. Written Comment 5 the Commission’s Public Reference 1995. The rule establishes three The Commission received one Section, 450 Fifth Street, NW., business days after the trade date comment letter from Thomson Trading Washington, DC 20549. Copies of such (‘‘T+3’’), instead of five business days Services, Inc. (‘‘Thomson’’) suggesting filing will also be available for (‘‘T+5’’), as the standard settlement that additional regulatory changes may inspection and copying at the principal cycle for most securities transactions. be necessary to implement T+3 office of the Exchange. All submissions Several of the CHX’s rules are settlement.7 Thomson believes that the should refer to File No. SR–CHX–94–22 interrelated with settlement timeframes. CHX should amend Article XV, Rule 5 and should be submitted by April 27, The purpose of the proposed rule which requires the use of the facilities 1995. change is to amend CHX’s rules of a securities depository for consistent with a T+3 settlement Conclusion confirmation and acknowledgement of standard for securities transactions. all depository-eligible transactions. It is therefore ordered, pursuant to Article XX, Rule 9 will define regular Section 19(b)(2) of the Act,13 that the way transactions as requiring delivery III. Discussion proposed rule change (SR–CHX–94–22) on the third business day after the trade The Commission believes the is approved. date. Seller’s option trades will settle proposal is consistent with the For the Commission, by the Division of not less than four business days nor requirements of Section 6 of the Act.8 Market Regulation, pursuant to delegated more than sixty days following the day Specifically, Section 6(b)(5) states that authority.14 of the contract. Trades made for ‘‘next the rules of the exchange must be Margaret H. McFarland, day’’ may include delivery on the first designed to foster cooperation and Deputy Secretary. or second business day following the coordination with persons engaged in [FR Doc. 95–8491 Filed 4–5–95; 8:45 am] day of the contract. The proposed rule regulating, clearing, settling, and change also will eliminate references to processing information. The CHX rules BILLING CODE 8010±01±M the fourth and fifth full business day and other self-regulatory organizations’ preceding the final day for subscription rules currently establish the standard [Release No. 34±35554; File No. SR±CHX± contained in Rule 9. time frame for settlement of securities 94±26] Article XXVII, Rule 1 will provide transactions. On June 7, 1995, the new that stock transactions shall be ex- settlement cycle of T+3 will be Self-Regulatory Organizations; The dividend or ex-rights two business days established, as mandated by the Chicago Stock Exchange, preceding the record date. With respect Commission’s Rule 15c6–1. As a result, Incorporated; Order Approving to record dates on other than a business the CHX’s current rule establishing a Proposed Rule Change Relating to day, stock transactions will be ex- T+5 settlement cycle will be Implementation of a Three-Day dividend or ex-rights three business inconsistent with the Commission rules. Settlement Standard days preceding the record date. This proposal will amend the CHX’s March 31, 1995. Article XXVII, Rule 2 will require rules to harmonize them with a T+3 On November 30, 1994, the Chicago stock transactions to be ex-warrant on settlement cycle. In addition, the Commission believes Stock Exchange, Incorporated (‘‘CHX’’) the second business day preceding the that the proposed rule change is filed a proposed rule change (File No. date of expiration of the warrants. When consistent with Section 6(b)(5) of the SR–CHX–94–26) with the Securities and warrant expiration occurs on other than Act in that it protects investors and the Exchange Commission (‘‘Commission’’) a business day, the ex-warrant period public interest by reducing the risk to pursuant to Section 19(b) of the will begin on the third business day clearing corporations, their members, Securities Exchange Act of 1934 preceding the expiration date. and public investors which is inherent (‘‘Act’’).1 On December 14, 1994, CHX Article XXX, Rule 15 will require all in settling securities transactions. The filed an amendment to the proposed claims involving erroneous comparisons reduction of the time period for rule change.2 Notice of the proposal was to be made within two business days of settlement of most securities published in the Federal Register on the original trade date. Claims which transactions will correspondingly January 4, 1995, to solicit comments concern the omission of a report will decrease the number of unsettled trades from interested persons.3 The need to be made within two business in the clearance and settlement system Commission received one written days of the date the order should have at any given time. Thus fewer unsettled comment.4 As discussed below, this been executed. Claims relative to a lack trades will be subject to credit and order approves the proposed rule of comparison of a reported transaction market risk, and there will be less time change. will need to be made within two business days of the original trade. between trade execution and settlement I. Description CHX has requested that the proposed for the value of those trades to 9 In October 1993, the Commission rule change become effective on the deteriorate. adopted Rule 15c6–1 under the Act same date as Rule 15c6–1. Rule 15c6– 1 is scheduled to become effective on the first trading day with three business day June 7, 1995. The transition from T+5 settlement. As a result, trades from June 2 and June 13 15 U.S.C. 78s(b)(2) (1988). 5 will settle on Friday, June 9. Trades from June 6 14 17 CFR 200.30–3(a)(12) (1994). settlement to T+3 settlement will occur and June 7 will settle on Monday, June 12. 6 1 15 U.S.C. 78s(b) (1988). over a four day period. 7 Letter from P. Howard Edelstein, President, 2 Letter From David Rusoff, Foley & Lardner, to Electronic Settlements Group, Thomson Trading Christine Sibille, Senior Attorney, Office of 5 Securities Exchange Act Release Nos. 33023 Services, Inc., to Jonathan G. Katz, Secretary, Securities Processing, Division of Market (October 6, 1993), 58 FR 52891 (adopting Rule Commission (January 25, 1995). Regulation, Commission (December 16, 1994). 15c6–1) and 34952 (November 9, 1994), 59 FR 8 15 U.S.C. 78f (1988). 3 Securities Exchange Act Release No. 35155 59137 (changing effective date from June 1, 1995, 9 The adopting release stated, ‘‘the value of (December 27, 1994), 60 FR 517. to June 7, 1995). securities positions can change suddenly causing a 4 Letter from P. Howard Edelstein, President, 6 Friday, June 2, will be the last trading day with market participant to default on unsettled positions. Electronic Settlements Group, Thomson Trading five business day settlement. Monday, June 5, and Because the markets are interwoven through Services, Inc., to Jonathan G. Katz, Secretary, Tuesday, June 6, will be trading days with four common members, default at one clearing Commission (January 25, 1995). business day settlement. Wednesday, June 7, will be Continued 17598 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices While the Thomson letter supports CHX–94–26) be and hereby is approved, netting services. The pending proposal the CHX’s efforts to shorten the effective June 7, 1995. would authorize GSCC to implement the settlement cycle for securities For the Commission by the Division of initial stage of the first phase, which is transactions, Thomson believes that the Market Regulation, pursuant to delegated the provision of comparison services for CHX should amend Article XV, Rule 5, authority.12 overnight and term repos whether or not which requires the use of the facilities Margaret H. McFarland, the on leg occurs before, on, or after the 4 of a securities depository for the Deputy Secretary. submission date. GSCC will accept and confirmation and acknowledgement of [FR Doc. 95–8494 Filed 4–5–95; 8:45 am] compare data on all of the components of a repo transaction, including all depository-eligible transactions BILLING CODE 8010±01±M whereby payment for securities information on the on and off legs of a purchased or delivery of securities sold repo, with members providing such data is to be made to or by an agent of the [Release No. 34±35557; File No. SR±GSCC± via a single input. The second customer. The Commission believes that 94±10] implementation phase of GSCC’s planned repo services will focus on the the issue raised by the Thomson letter Self-Regulatory Organizations; need not be resolved prior to the provision of comparison, netting, and Government Securities Clearing risk management services for open approval of the proposed rule change. Corporation; Order Approving Discussions regarding Thomson’s repos. The last phase of GSCC’s planned Proposed Rule Change Relating to implementation of repo services will concerns are underway among the Implementing a Comparison Service Commission, Thomson, DTC, and the focus on providing intraday netting and for Repurchase and Reverse risk management services for the same- Securities Industry Association. The Repurchase Transactions Involving Commission will continue to work with day settling aspects of repo transactions, Government Securities as the including settlement of same-day the industry to address Thomson’s Underlying Instrument concerns. However, if the proposed rule settling start legs and close-outs of open change is not approved prior to the June March 31, 1995. repos. The Phase 1 comparison process for 7, 1995, effective date of Rule 15c6–1, On December 30, 1994, the repos is substantially similar to the the CHX rules will conflict with the Government Securities Clearing comparison process offered by GSCC Commission Rule 15c6–1. Corporation (‘‘GSCC’’) filed with the today. Each party to a repo will submit The Thomson letter suggests that Securities and Exchange Commission its transaction data to GSCC.5 As is the approval of the proposed rule change (‘‘Commission’’) a proposed rule change case now for non-repo transactions, without amendments to Article XV, (File No. SR–GSCC–94–10) pursuant to comparison of a repo trade will occur Rule 5 raises competitive concerns. Section 19(b)(1) of the Securities 1 immediately upon the receipt by GSCC Under the Act, the Commission’s Exchange Act of 1934 (‘‘Act’’). Notice from two members of matching data. If responsibility is to balance the of the proposal was published in the all mandatory data fields that are 2 perceived anticompetitive effects of a Federal Register on February 2, 1995. required to match do in fact match, regulatory policy or decision against the No comment letters were received GSCC will generate a comparison.6 purpose of the Act that would be regarding the proposed rule change. For If the data on a repo remains advanced by the policy or decisions and the reasons discussed below, the uncompared at end-of-day, the the costs associated therewith. The Commission is approving the proposed submitter of the repo data will receive Commission notes that the rule change. a report of an uncompared trade, and anticompetitive effects pointed to by I. Description the participant being submitted against Thomson, if in fact there are any will receive an advisory. If a repo anticompetitive effects, are not caused GSCC is amending its rules to provide transaction has not yet been compared, by the proposed rule change approved comparison services for repurchase and it may be unilaterally canceled, and the by this order but rather by an existing reverse repurchase transactions submitter will receive notification of the CHX rule. The Commission is reviewing involving government securities as the cancellation. To cancel a repo that has Thomson’s claim but does not believe underlying instrument (‘‘repos’’). GSCC ultimately intends to provide that approval of this proposal will itself 4 GSCC will file proposed rule changes for the create any burdens on competition. comparison, netting, and risk authority to implement both the next stage of the first phase of repro services, which is the provision Moreover, as discussed above, the rule management services for the opening (‘‘on’’) and closing (‘‘off’’) legs of all of netting and risk management services for the advances fundamental purposes under non-same-day settling aspects of next-day and the Act, namely the efficient clearance overnight repos (also referred to as next- forward settling repo transactions, and future and settlement of securities. day repos), term repos (also referred to phases of repo services. as forward settling repos), and open 5 The proposed rule change establishes a new IV. Conclusion repos, including the same-day settling schedule of required data submission items 3 applicable to all trades. In addition to the items on aspects of those repos. the schedule of required match data, a member For the reasons stated above, the GSCC will offer its repo services in must submit the broker reference number, contra Commission finds that CHX’s proposal three phases. The first phase will submitting member’s executing firm, executing is consistent with Section 6 of the Act.10 involve the provision of comparison and firm, external reference number, price (rate), pricing method, and trade date. These fields are not It is therefore ordered, pursuant to matched. 12 Section 19(b)(2) of the Act,11 that the 17 CFR 200.30(a)(12) (1994). 6 The following items must match for a trade to proposed rule change (File No. SR– 1 15 U.S.C. 78s(b)(1) (1988). compare: (1) Contra member identifying 2 Securities Exchange Act Release No. 35288 information, (2) CUSIP number, (3) member’s (January 27, 1995), 60 FR 6580. identifying number, (4) par amount (quantity), (5) corporation or by a major market participant or end- 3 GSCC also intends to include such services as settlement amount, (6) settlement date, and (7) user could trigger additional failures resulting in the tracking of rate changes and open repo interest, transaction type (i.e., buy, sell, repo, or reverse). In risk to the national clearance and settlement the provision to the funds borrower of coupon addition, these required match data items must system.’’ Securities Exchange Act Release No. protection, the provision to all parties of a match only for repo transactions: (1) start amount 33023 (October 6, 1993), 58 FR 52891. comprehensive audit trail for their repo activity, (i.e., the contract value for the start leg of the repo 10 15 U.S.C. 78f (1988). and the monitoring and facilitation of collateral transaction) and (2) start date (i.e., the settlement 11 15 U.S.C. 78s(b)(2) (1988) substitutions. date for the start leg of a repo transaction). Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17599 been compared, bilateral agreement is submitted by the broker (for brokered whereby GSCC will provide the benefits required. GSCC will delete trade data on trades) or upon the amount submitted of centralized, automated comparison to repo transactions that remain by the deliverer of the repo close leg. a broader segment of government uncompared from GSCC’s comparison GSCC currently permits transactions securities transactions. system the later of (1) the processing that do not match in a few selected Encompassing repos in CSCC’s cycle after the second business day after fields to compare in a process referred automated comparison process will the repo start date or (2) the processing to as ‘‘phased comparison.’’ This provide industry participants with cycle after the second business day after program allows those transactions that many benefits, including: (1) the date of submission of such data. do not match during real-time Elimination of the need for physical GSCC comparison output will comparison to be compared at the end confirmations, (2) timely comparison of continue to be available on an on-line of the day based upon assumptions repo trade data, (3) enhanced ability for basis. To be eligible for comparison, regarding which party submitted the identification and correction of errors, both submitting members must be correct data. Phased comparison of par (4) easier recordkeeping, (5) easier deemed eligible for repo comparison summarization, settlement amount, and access to audit trail information, and (6) processing by GSCC. GSCC will make trade date will not apply to repo on-line inquiry capabilities. The such a determination based on the transactions.7 Par summarization is the proposal thus enhances the prompt and demonstration by a member of its ability comparison of a trade based on a match accurate clearance of repo transactions. to submit designated input to and of either the total of the par amounts on The proposed rule change also will receive designated output from GSCC. two or more buy sides equaling the par implement a recommendation of the The implementation of Phase 1 amounts on one or more sell sides or the Joint Report on the Government comparison services for repos requires total of the par amounts on two or more Securities Market.10 The Joint Report certain modifications to GSCC’s sell sides equaling the par amounts on indicated that the market for repurchase comparison processes. The ‘‘transaction one or more buy sides. The phased and reverse repurchase agreements type’’ data field will be expanded to comparison tolerance of $40 per $1 could benefit from automated include two additional transaction million for unmatched settlement comparison. Moreover, the Joint Report types: ‘‘repo’’ (designating the side of amounts on buy/sell trades will not noted that automated comparison could the repo transaction that is borrowing apply to repo transactions. This enable regulators to obtain data on repos funds and lending securities) and ‘‘revr’’ tolerance is used by GSCC in its phased as necessary for surveillance purposes at (designating the side of the repo comparison process to account for little or no cost to market participants.11 transaction that is lending funds and commission differences.8 borrowing securities). Repos and reverse Phased comparison of the executing GSCC noted in its filing that it has repos will compare only with each other firm field and the contra party field will two physically-remote data processing and not with buy and sell activity. Two apply to repo transactions. Under sites with redundant hardware optional data fields have been added to phased comparison of the executing configuration. Further GSCC has run a bolster the comparison process for firm field, GSCC will compare trades pilot program whereby it collected live repos, the give-up broker field and the having unmatched executing firm data data to assess the impact of repo secondary reference number field. based upon a match between the processing on its existing systems. The Dealer members may use the give-up participant numbers of the two Commission believes that GSCC’s broker field to identify the broker, if submitting members. Under phased automated facilities are sufficient to any, used to conduct the repo. GSCC comparison of the contra party field, implement the comparison services for will provide members with a GSCC may compare a trade if all details repos that are approved in this order, standardized list of brokers for this match except the contra party field, and and the addition of these services will purpose. The secondary reference the contra party affiliate submits the not diminish GSCC’s ability to provide number field may be used by dealers to matching detail. its current services for non-repo provide additional identification transactions in a safe, efficient, and II. Discussion information on the repos. timely manner. Two new mandatory match items for The Commission believes that the III. Conclusion repo transactions will be introduced: proposed rule change is consistent with start date and start amount. The repo the requirements of the Act and the On the basis of the foregoing, the start date will indicate the settlement rules and regulations thereunder and Commission finds that the proposal is date for the start leg of the repo. The particularly with the requirements of consistent with the requirements of the repo start amount will contain the Section 17A(b)(3)(F).9 Section Act and in particular with Section contract value for the start leg of the 17A(b)(3)(F) requires that the rules of a 17A(b)(3)(F) of the Act. repo. Initially, a $1 per repo transaction clearing agency be designed to promote It is therefore ordered, pursuant to tolerance for start amount will be the prompt and accurate clearance and Section 19(b)(2) of the Act, that the established. settlement of securities transactions and proposed rule change (File No. SR– The repo rate will be a required to assure the safeguarding of securities GSCC–94–10) be, and hereby is submission field but will not be and funds which are in the custody or approved. matched. If a participating member does control of the clearing agency or for not submit the settlement amount, which it is responsible. The initiation of 10 See, Joint Report on the Government Securities GSCC will calculate it using the start comparison services for overnight and Market (January 1992) (‘‘Joint Report’’), prepared by amount, repo rate, and the number of term repos will begin the process the Department of the Treasury, the Securities and Exchange Commission and the Board of Governors days from start date to settlement date. of the Federal Reserve System. Initially, a $1 per $1 million tolerance 7 Phased comparison of trade date does not apply 11 Id. at 31. Activity in the government securities will be established for settlement to repos because trade date is not a mandatory input repo market is sizable. Centralized repo processing amount. When the settlement amounts field for repo comparison. may give regulators a truer picture not only of the 8 However, as noted above, a $1 per $1 million government securities market but also of each differ, but the difference falls within the tolerance will be applied to settlement amounts market participant’s total risk profile, enabling tolerance, GSCC will generate the during real-time comparison. GSCC, other clearing agencies, and regulators to comparison based upon the amount 9 15 U.S.C. 78q–1(b)(3)(F) (1988). refine their risk reduction policies. 17600 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices For the Commission by the Division of OCC. Rule 2208(b) will provide that if clearance and settlement of securities Market Regulation, pursuant to delegated the lending clearing member initiates transactions. authority.12 the termination of a stock loan and does III. Conclusion Margaret H. McFarland, not receive the loaned stock in its Deputy Secretary. securities depository account within For the reasons stated above, the [FR Doc. 95–8493 Filed 4–5–95; 8:45 am] three business days, the stock loan shall Commission finds that OCC’s proposal BILLING CODE 8010±01±M be completed when (1) OCC has is consistent with Section 17A of the transferred the stock to the lending Act.7 clearing member’s account after OCC It is therefore ordered, pursuant to [Release No. 34±35552; File No. SR±OCC± has received the securities from the Section 19(b)(2) of the Act,8 that the 94±11] borrowing member or (2) the lending proposed rule change (File No. SR– Self-Regulatory Organizations; The clearing member has executed a buy-in. OCC–94–11) be and hereby is approved Options Clearing Corporation; Order Rule 2208(b) also will provide that the and will become effective June 7, 1995. Approving Proposed Rule Change lending clearing member may execute a For the Commission by the Division of Relating to Implementation of a Three- buy-in three business days after Market Regulation, pursuant to delegated Day Settlement Standard initiating the termination or at any time authority.9 thereafter if the lending clearing Margaret H. McFarland, March 30, 1995. member has not received the loaned Deputy Secretary. On December 30, 1994, the Options stock by such date. [FR Doc. 95–8421 Filed 4–5–95; 8:45 am] Clearing Corporation (‘‘OCC’’) filed a OCC has requested that the proposed proposed rule change (File No. SR– rule change become effective on the BILLING CODE 8010±01±M OCC–94–11) with the Securities and same date as Rule 15c6–1. Rule 15c6– Exchange Commission (‘‘Commission’’) 1 is scheduled to become effective on [Release No. IC±20979; 812±9444] pursuant to Section 19(b) of the June 7, 1995.4 Van Kampen Merritt Equity Securities Exchange Act of 1934 II. Discussion (‘‘Act’’).1 Notice of the proposal was Opportunity Trust, Series, 7, et al.; published in the Federal Register on The Commission believes the Notice of Application February 2, 1995, to solicit comments proposal is consistent with the 5 March, 30, 1995. from interested persons.2 As discussed requirements of Section 17A of the Act. 6 AGENCY: Securities and Exchange below, this order approves the proposed Specifically, Section 17A(b)(3)(F) Commission (‘‘SEC’’). rule change. states that the rules of a clearing agency must be designed to promote the prompt ACTION: Notice of Application for I. Description and accurate clearance and settlement of Exemption under the Investment The proposed rule change will securities transactions, to assure the Company Act of 1940 (the ‘‘Act’’). conform OCC’s rules effective June 7, safeguarding of securities and funds 1995, to Rule 15c6–1 under the Act. which are in OCC’s custody and control APPLICANTS: Van Kampen Merritt Equity That rule establishes three business or for which OCC is responsible, and to Opportunity Trust, Series 7 and Van days after the trade date (‘‘T+3’’), foster cooperation and coordination Kampen American Capital Distributors, instead of five business days (‘‘T+5’’), as with persons engaged in clearance and Inc. (‘‘Van Kampen American’’). the standard settlement cycle for most settlement of securities transactions. RELEVANT ACT SECTIONS: Order requested transactions in securities that underlie Several of OCC rules are based on a five under sections 6(c) and 17(b) from many OCC issued options. Rule 15c6–1 day time frame for settlement of section 17(a). will become effective June 7, 1995.3 As securities transactions. On June 7, 1995, SUMMARY OF APPLICATION: Applicants described below, OCC is revising several the new settlement cycle or T+3 will be request an order to permit a terminating of OCC’s rules that include references to established, as mandated by the series of a unit investment trust to sell underlying securities settlement time Commission’s Rule 15c6–1. As a result, portfolio securities to a new series of the frames. the OCC’s current rule establishing a trust. T+5 settlement cycle will be Under Rule 902, the assigned clearing FILING DATES: The application was filed member of an exercised call option inconsistent with Commission rules. This proposal will amend the OCC’s on January 25, 1995 and amended on contract or the exercising clearing March 22, 1995. member of an exercised put option rules to harmonize them with a T+3 HEARING OR NOTIFICATION OF HEARING: An contract will be required to deliver the settlement cycle. Further, as discussed order granting the application will be underlying securities on the third in the release adopting Rule 15c6–1, a issued unless the SEC orders a hearing. business day following the day on shorter settlement time frame could Interested persons may request a which the exercise notice was given to encourage greater efficiency in clearing hearing by writing to the SEC’s OCC. Rule 2207 will provide that the agencies and broker-dealer operations. Secretary and serving applicants with a settlement date for a stock loan will be Thus, the proposed rule change should copy of the request, personally or by three business days after the date on enhance the prompt and accurate mail. Hearing requests should be which the lending clearing member 4 received by the SEC by 5:30 p.m. on initiates the termination by notifying The transition from T+5 settlement to T+3 settlement will occur over a four day period. Friday, April 24, 1995 and should be June 2, will be the last trading day with five accompanied by proof of service on 12 17 CFR 200.30–3(a)(12) (1994). business day settlement. Monday, June 5, and 1 15 U.S.C. 78s(b) (1988). Tuesday, June 6, will be trading days with four applicants, in the form of an affidavit or, 2 Securities Exchange Act Release No. 35265 business day settlement. Wednesday, June 7, will be for lawyers, a certificate of service. (January 23, 1995), 60 FR 6583. the first trading day with three business day Hearing requests should state the nature 3 Securities Exchange Act Release Nos. 33023 settlement. As a result, trades from June 2 and June 5 will settle on Friday, June 9. Trades from June 6 (October 6, 1993), 58 FR 52891 (adoption of Rule 7 15 U.S.C. 78f (1988). 15c6–1) and 34952 (November 9, 1994), 59 FR and June 7 will settle on Monday, June 12. 59137 (changing effective date from June 1, 1995, 5 15 U.S.C. 79q–1 (1988). 8 15 U.S.C. 78s(b)(2) (1988). to June 7, 1995). 6 15 U.S.C. 78q–1(b)(3)(F) (1988). 9 17 CFR 200.30(a)(12) (1994). Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17601 of the writer’s request, the reason for the daily closing prices, and (ii) included in price, Van Kampen American and the request, and the issues contested. a published Index. trustee will jointly determine the correct Persons may request notification of a 4. There is normally some overlap sales price by reference to a mutually hearing by writing to the SEC’s from year to year in the stocks having agreeable, independently published list Secretary. the highest dividend yields in an Index of closing sales prices for the date of the ADDRESSES: Secretary, SEC, 450 5th and, therefore, between the portfolios of transaction. each Rollover Trust Series and the New Street N.W., Washington, D.C. 20549. Applicants’ Legal Analysis Applicants, c/o Van Kampen Merritt Trust Series. For example, of the ten Inc., One Parkview Plaza, Oakbrook securities selected for inclusion in 1. Section 17(a) of the Act generally Terrace, Illinois 60181. United States Portfolio, Series 1 on makes it unlawful for an affiliated April 1, 1994, nine are still among the person of a registered investment SUPPLEMENTARY INFORMATION: The top ten dividend yielding stocks as of company to sell securities to or following is a summary of the the date of the application. Upon purchase securities from the company. application. The complete application termination, each United States Investment companies under common may be obtained for a fee at the SEC’s Portfolio Rollover Trust Series will sell control are affiliates of one another. Public Reference Branch. all of its portfolio securities on the New Each Trust Series will have an identical Applicants’ Representations York Stock Exchange as quickly as or common Sponsor that may be practicable. Similarly, a New Trust considered to control each Trust Series. 1. Van Kampen Equity Opportunity Series will acquire its portfolio 2. Section 17(b) provides that the SEC Trust (the ‘‘Trust’’) is a unit investment securities in purchase transactions on shall exempt a proposed transaction trust registered under the Act that will the New York Stock Exchange. This from section 17(a) if evidence consist of a series (each a ‘‘Trust Series’’ procedure creates brokerage establishes that: (a) The terms of the or ‘‘Series’’) of unit investment trusts. commissions on portfolio securities of proposed transaction are reasonable and Van Kampen American is the sponsor the same issue that are borne by the fair and do not involve overreaching; (b) and depositor for each Trust Series. holders of units of both the Rollover the proposed transaction is consistent Applicants request that the relief sought Trust Series and the New Trust Series. with the policies of the registered herein apply to future similar Series of Applicants, therefore, request an order investment company involved; and (c) the Trust. to permit any Rollover Trust Series to the proposed transaction is consistent 2. Each Trust Series will contain a sell portfolio securities to a New Trust with the general provisions of the Act. portfolio of equity securities that Series. Under section 6(c), the SEC may exempt represents a portion of a specific index 5. In order to minimize the classes of transactions, if and to the (an ‘‘Index’’). The investment objective possibilities of overreaching in these extent that such exemption is necessary of each Trust Series is to seek a greater transactions, the applicants agree that or appropriate in the public interest and total return than that achieved by the Van Kampen American will certify to consistent with the protection of stocks comprising the entire related the trustee, within five days of each sale investors and the purposes fairly Index over the life of the Trust Series. from a Rollover Trust Series to a New intended by the policy and provisions of To achieve this objective, each Trust Trust Series, (a) that the transaction is the Act. Applicants believe that the Series will consist of a specified number consistent with the policy of both the proposed transactions satisfy the of the highest dividend yielding stocks Rollover Trust Series and the New Trust requirements of sections 6(c) and 17(b). in the Series’ respective Index. The Series, as recited in their respective 3. Rule 17a–7 under the Act permits sponsor of the Series intends that, as registration statements and reports filed registered investment companies that each Series terminates, a new Series under the Act, (b) the date of such are affiliates solely by reason of based on the appropriate Index will be transaction, and (c) the closing sales common investment advisers, directors, offered for the next period. price on the Exchange for the sale date and/or officers, to purchase securities 3. Each Trust Series has or will have of the securities subject to such sale. from or sell securities to one another at a contemplated date (a ‘‘Rollover Date’’) The trustee will then countersign the an independently determined price, on which holders of units in that Trust certificate, unless, in the unlikely event provided certain conditions are met. Series (a ‘‘Rollover Trust Series’’) may at that the trustee disagrees with the Paragraph (e) of the rule requires an their option redeem their units in the closing sales price listed on the investment company’s board of Rollover Trust Series and receive in certificate, the trustee immediately directors to adopt and monitor the return units of a subsequent Series of informs Van Kampen American orally of procedures for these transactions to the same type (a ‘‘New Trust Series’’). any such disagreement and returns the assure compliance with the rule. A unit The New Trust Series will be created on certificate within five days to Van investment trust does not have a board or about the Rollover Date, and have a Kampen American with corrections of directors and, therefore, may not rely portfolio that contains securities duly noted. Upon Van Kampen on the rule. Applicants represent that (‘‘Equity Securities’’) that are (i) actively American’s receipt of a corrected they will comply with all of the traded (i.e., have had an average daily certificate, if Van Kampen American can provisions of rule 17a–7, other than trading volume in the preceding six verify the corrected price by reference to paragraph (e). months of at least 500 shares equal in an independently published list of 4. Applicants represent that purchases value to at least 25,000 United States closing sales prices for the date of the and sales between Series will be dollars) on an exchange (a ‘‘Exchange’’) transactions, Van Kampen American consistent with the policy of the Trust, which is either (a) a national securities will ensure that the price of units of the as only securities that otherwise would exchange that meets the qualifications New Trust Series, and distributions to be bought and sold on the open market of section 6 of the Securities Exchange holders of the Rollover Trust Series with pursuant to the policy of each Trust Act of 1934 or (b) a foreign securities regard to redemption of their units or Series will be involved in the proposed exchange that meets the qualifications termination of the Rollover Trust Series, transactions. Applicants further believe set out in the proposed amendment to accurately reflect the corrected price. To that the current practice of buying and rule 12d3–1(d)(6) under the Act as the extent that Van Kampen American selling on the open market leads to proposed by the SEC and that releases disagrees with the trustee’s corrected unnecessary brokerage fees and is 17602 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices therefore contrary to the general Business Administration, Disaster Area members will be limited to the seating purposes of the Act. In order to 1 Office, 360 Rainbow Blvd. South, 3rd available. Access to the State minimize the possibility of Floor, Niagara Falls, NY 14303, or other Department is controlled and individual overreaching, applicants have agreed to locally announced locations. building passes are required for each comply with the conditions discussed The interest rates are: attendee. Persons who plan to attend below. should so advise the office of Dr. Ernest Percent N. Mannino, Department of State, Office Applicants’ Conditions of Overseas Schools, SA–29, Room 245, Applicants agree that the order For Physical Damage: Washington, DC 20522–2902, telephone granting the requested relief shall be Homeowners with credit avail- able elsewhere ...... 8.000 703–875–7800, prior to May 18, 1995. subject to the following conditions: Homeowners without credit Visitors will be asked to provide their 1. Each sale of Equity Securities by a available elsewhere ...... 4.000 date of birth and Social Security number Rollover Trust Series to a New Trust Businesses with credit avail- at the time they register their intention Series will be effected at the closing able elsewhere ...... 8.000 to attend and must carry a valid photo price of the securities sold on the Businesses and non-profit or- ID with them to the meeting. All applicable Exchange on the sale date, ganizations without credit attendees must use the C Street entrance without any brokerage charges or other available elsewhere ...... 4.000 to the building. remuneration except customary transfer Others (including non-profit Dated: March 24, 1995. fees, it any. organizations) with credit available elsewhere ...... 7.125 Ernest N. Mannino, 2. The nature and conditions of such For economic Injury: transactions will be fully disclosed to Executive Secretary, Overseas Schools Businesses and small agricul- Advisory Council. investors in the appropriate prospectus tural cooperatives without [FR Doc. 95–8418 Filed 4–5–95; 8:45 am] of each future Rollover Trust Series and credit available elsewhere ... 4.000 New Trust Series. BILLING CODE 4710±24±M The number assigned to this disaster 3. The trustee of each Rollover Trust for physical damage is 276705 and for Series and New Trust Series will (a) economic injury the number is 849800. [Public Notice 2186] review the procedures relating to the sale of securities from a Rollover Trust (Catalog of Federal Domestic Assistance Shipping Coordinating Committee, Series and the purchase of those Program Nos. 59002 and 59008.) Maritime Safety Committee; Notice of securities for deposit in a New Trust Dated: March 30, 1995. Meeting Series, and (b) make such changes to the Philip Lader, The Shipping Coordinating procedures as the trustee deems Administrator. necessary that are reasonably designed Committee (SHC) will conduct an open [FR Doc. 95–8455 Filed 4–5–95; 8:45 am] meeting at 9:30 A.M. on Wednesday, to comply with paragraphs (a) through BILLING CODE 8025±01±M (d) of rule 17a–7. May 3, 1995, in Room 2415, at U.S. 4. A written copy of these procedures Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC. The and a written record of each transaction DEPARTMENT OF STATE pursuant to this order will be purpose of this meeting will be to maintained as provided in rule 17a–7(f). [Public Notice 2185] finalize preparations for the 65th Session of the Maritime Safety For the Commission, by the Division of Overseas Schools Advisory Council; Committee (MSC 65), and associated Investment Management under delegated, bodies of the International Maritime authority. Meeting Organization (IMO), which is scheduled Margaret H. McFarland, The Overseas Schools Advisory for May 9–17, 1995 at IMO Headquarters Deputy Secretary. Council, Department of State, will hold in London. At the meeting, papers [FR Doc. 95–8422 Filed 4–5–95; 8:45 am] its Annual Committee Meeting on received and the draft U.S. positions BILLING CODE 8010±01±M Thursday, June 15, 1995 at 9:30 a.m. in will be discussed. Conference Room 1408, Department of Among other things, the items of State Building, 2201 C Street, NW., particular interest are: SMALL BUSINESS ADMINISTRATION Washington, DC The meeting is open to a. RO/RO ferry safety the public. b. Bulk carrier safety [Declaration of Disaster Loan Area #2767] The Overseas Schools Advisory c. Role of the human element Pennsylvania; Declaration of Disaster Council works closely with the U.S. d. Existing ship safety standards Loan Area business community in improving those e. Strategy for ship/port interface, and American-sponsored schools overseas f. Report of eight subcommittees, Bulk Montgomery County and the which are assisted by the Department of Chemicals, Radio Communications, contiguous counties of Berks, Bucks, State and which are attended by Ship Design and Equipment, Training Chester, Delaware, Lehigh, and dependents of U.S. government families and Watchkeeping, Flag State Philadelphia in the State of and children of employees of U.S. Implementation, Stability, Loadlines Pennsylvania constitute a disaster area corporations and foundations abroad. and Fishing Vessels, Containers and as a result of damages caused by a fire This meeting will deal with issues Cargoes, and Lifesaving, Search and which occurred on March 7, 1995 in related to the work and the support Rescue Norristown Borough. Applications for provided by the Overseas Schools Members of the public may attend loans for physical damages as a result of Advisory Council to the American- this meeting up to the seating capacity this disaster may be filed until the close sponsored overseas schools. of the room. Interested persons may of business on May 30, 1995, and for Members of the general public may seek information by writing to Mr. economic injury until the close of attend the meeting and join in the Joseph J. Angelo, U.S. Coast Guard business on January 2, 1996, at the discussion, subject to the instructions of Headquarters (G–MI), 2100 Second address listed below: U.S. Small the Chairman. Admittance of public Street, SW., Room 2408 Washington, DC Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17603 20593–0001 or by calling (202) 267– processing, and disposition of petitions Drug and Alcohol-Free Departmental 2970. for exemption (14 CFR Part 11), this Workplace) in lieu of these sections. Dated: March 22, 1995. notice contains a summary of certain [FR Doc. 95–8411 Filed 4–5–95; 8:45 am] petitions seeking relief from specified Charles A. Mast, BILLING CODE 4910±13±M requirements of the Federal Aviation Chairman, Shipping Coordinating Committee. Regulations (14 CFR Chapter I), [FR Doc. 95–8490 Filed 4–5–95; 8:45 am] dispositions of certain petitions BILLING CODE 4710±07±M Notice of Intent To Rule on Application previously received, and corrections. To Impose and Use the Revenue From The purpose of this notice is to improve a Passenger Facility Charge (PFC) at the public’s awareness of, and DEPARTMENT OF TRANSPORTATION Mammoth Lakes Airport, Mammoth participation in, this aspect of FAA’s Lakes, CA Office of the Secretary regulatory activities. Neither publication of this notice nor the inclusion or AGENCY: Federal Aviation Fitness Determination of Downeast omission of information in the summary Administration (FAA), DOT. Flying Service, Inc. is intended to affect the legal status of ACTION: Notice of intent to rule on any petition or its final disposition. application. AGENCY: Department of Transportation DATES: Commens on petitions received ACTION: Notice of Commuter Air Carrier must identify the petition docket SUMMARY: The FAA proposes to rule and Fitness Determination—Order 95–3–59, number involved and must be received invites public comment on the Order to Show Cause. on or before April 21, 1995. application to impose and use revenue from a PFC at Mammoth Lakes Airport ADDRESSES: Send comments on any SUMMARY: The Department of under the provisions of the Aviation petition in triplicate to: Federal Transportation is proposing to find Safety and Capacity Expansion Act of Aviation Administration, Office of the Downeast Flying Service, Inc., fit, 1990 (Title IX of the Omnibus Budget Chief Counsel, Attn: Rules Docket willing, and able to provide commuter Reconciliation Act of 1990 (Pub. L. 101– (AGC–200), Petition Docket No. 28179, air service under 49 U.S.C. 41738 (see 508) and 14 CFR Part 158. former section 419(e) of the Federal 800 Independence Avenue, SW., DATES: Comments must be received on Aviation Act). Washington, DC 20591. or before May 8, 1995. RESPONSES: All interested persons The petition, any comments received, ADDRESSES: Comments on this wishing to respond to the Department of and a copy of any final disposition are application may be mailed or delivered Transportation’s tentative fitness filed in the assigned regulatory docket in triplicate to the FAA at the following determination should file their and are available for examination in the address: Federal Aviation responses with the Air Carrier Fitness Rules Docket (AGC–200), Room 915G, Administration, Airports Division, Division, X–56, Department of FAA Headquarters Building (FOB 10A), Transportation, 400 Seventh Street, 800 Independence Avenue, SW., 15000 Lawndale, CA. 90261 or San S.W., Room 6401, Washington, D.C. Washington, DC 20591; telephone (202) Francisco Airports District Office, 831 20590, and serve them on all persons 267–3132. Mitten Road, Room 210, Burlingame, listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: CA. 94010–1303. In addition, one copy Responses shall be filed no later than Mr. D. Michael Smith, Office of of any comments submitted to the FAA April 17, 1995. Rulemaking (ARM–1), Federal Aviation must be mailed or delivered to Mr. Bill Manning, Airport Manager of the FOR FURTHER INFORMATION CONTACT: Administration, 800 Independence Mammoth Lakes Airport, at the Carol Woods, Air Carrier Fitness Avenue, SW., Washington, DC 20591; following address: The Town of Division (X–56, Room 6401), U.S. telephone (202) 267–7470. Mammoth Lakes, P.O. Box 1609, Department of Transportation, 400 This notice is published pursuant to Mammoth Lakes, California 93546. Air Seventh Street, SW., Washington, DC paragraphs (c), (e), and (g) of § 11.27 of carriers and foreign air carriers may 20590, (202) 366–2340. Part 11 of the Federal Aviation Regulations (14 CFR Part 11). submit copies of written comments Dated: March 31, 1995 previously provided to the Town of Patrick V. Murphy, Issued in Washington, DC, on March 31, 1995. Mammoth Lakes under section 158.23 of Acting Assistant Secretary for Aviation and Part 158. International Affairs. Donald B. Byrne, FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–8505 Filed 4–5–95; 8:45 am] Assistant Chief Counsel, Regulations Mr. Joseph R. Rodriquez, Supervisor, Division. BILLING CODE 4910±62±P Planning and Programming Section, Petitions for Exemption Airports District Office, 831 Mitten Road, Room 210, Burlingame, CA. Federal Aviation Administration Docket No.: 8179. Petitioner: The Federal Aviation 94010–1303, Telephone: (415) 876– [Summary Notice No. PE±94±14] Administration (FAA), Washington 2805. The application may be reviewed Flight Program (Hangar 6). in person at this same location. Petitions for Exemption; Summary of Sections of the FAR Affected: 14 CFR SUPPLEMENTARY INFORMATION: The FAA Petitions Received; Dispositions of 135.251 and 135.255(a). proposes to rule and invites public Petitions Issued Description of Relief Sought/ comment on the application to impose AGENCY: Federal Aviation Disposition: To permit all Federal and use the revenue from a PFC at Administration (FAA), DOT. Aviation Administration Washington Mammoth Lakes Airport under the ACTION: Notice of petitions for Flight Program (Hangar 6) management, provisions of the Aviation Safety and exemption received and of dispositions pilot, and maintenance personnel, Capacity Expansion Act of 1990 (Title of prior petitions. already included in the Department of IX of the Omnibus Budget Transportation (DOT) internal drug and Reconciliation Act of 1990 (Pub. L. 101– SUMMARY: Pursuant to FAA’s rulemaking alcohol testing program (DOT Order 508) and Part 158 of the Federal provisions governing the application, 3910.1C), to utilize that program (The Aviation Regulations (14 CFR part 158). 17604 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices On March 22, 1995, the FAA FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY determined that the application to Ms. Kathy Dimpsey, Environmental impose and use a PFC submitted by the Coordinator, Federal Highway Public Information Collection Town of Mammoth Lakes was Administration, 826 Federal Building, Requirements Submitted to OMB for substantially complete within the 300 East 8th Street, Austin, Texas Review requirements of § 158.25 of Part 158. 78701, or Mr. James W. Griffin, March 30, 1995. The FAA will approve or disapprove the Executive Director, Texas Turnpike application, in whole or in part, no later Authority, P.O. Box 190369, Dallas, The Department of Treasury has than June 21, 1995. Texas 75219. submitted the following public The following is a brief overview of information collection requirement(s) to the application. SUPPLEMENTARY INFORMATION: The OMB for review and clearance under the Level of proposed PFC: $3.00. proposed project is the construction of Paperwork Reduction Act of 1980, Proposed charge effective date: a limited access highway on new right- Public Law 96–511. Copies of the August 1, 1995. of-way which would connect the Proposed charge expiration date: submission(s) may be obtained by planned S.H. 190 at I.H. 35E in the city calling the Treasury Bureau Clearance August 1, 2002. of Carrollton with the planned S.H. 161 Total estimated PFC revenue: Officer listed. Comments regarding this at I.H. 635 in the City of Irving, Texas. $166,826.00. information collection should be Brief description of the proposed The study segment is slightly more than addressed to the OMB reviewer listed projects: Environmental Assessment five miles in length. If feasible, the and to the Treasury Department Study, Property Boundary Surveys, proposed facility will be constructed as Clearance Officer, Department of the Airport Master Plan Update, Acquire a toll road with provision for multi- Treasury, Room 2110, 1425 New York Airport Land for the Town of Mammoth modal operation. When constructed, the Avenue, NW., Washington, DC 20220. Lakes, Purchase Snowblower facility will be an integral part of the Internal Revenue Service (IRS) Equipment, Saw and Seal Runway and regional transportation plan, relieving the already congested I.H. 35E Taxiway Pavements, Installation of OMB Number: New. Airfield Signage, Airfield Markings, (Stemmens Freeway) corridor and Upgrade AWOS 1 to AWOS 3, and provide an additional outer loop Form Number: None. Acquisition of Radios for Airport through Dallas County. Type of Review: New collection. Emergency and Operations Equipment, Alternatives under consideration Title: Testing sessions to measure and Construct Terminal Parking Lot. include (1) do nothing, (2) constructing effectiveness of comprehensibility Class or classes of air carriers which a limited access highway, (3) construct scoring formula methodology. the public agency has requested not be a limited access highway with Description: To further its corporate required to collect PFCs: Air Taxi provisions for high occupancy vehicle goal of reducing taxpayer burden, the Commercial Operators. (HOV) lanes or transit, and (4) IRS is conducting research to evaluate a Any person may inspect the alternative alignments. application in person at the FAA office methodology for improving the listed above under FOR FURTHER Scoping meetings will be held to comprehensibility of tax forms. Testing INFORMATION CONTACT and at the FAA provide other federal and State agencies sessions are necessary to provide Regional Airports Division located at: and the general public opportunities to quantitative evaluation. Subjects will 15000 Aviation Blvd., Lawndale, CA review the proposed project and to include 1040 and 1040A tax filers. IRS 90261. In addition, any person may, provide early input with regard to areas will use the results to improve tax forms upon request, inspect the application, of concern. The draft EIS and other and publications. pertinent materials will be made notice and other documents germane to Respondents: Individuals or available for public and agency review the application in person at the Town of households. Mammoth Lakes, CA. and comment prior to a public hearing. Estimated Number of Respondents: To ensure that the full range of issues Issued in Hawthorne, California, on March 1,600. 27, 1995. related to this proposed action are Herman C. Bliss, addressed and all significant issues are Estimated Burden Hours Per Manager, Airports Division, Western-Pacific identified, comments and suggestions Respondent: 2 hours, 10 minutes. Region. are invited from all interested parties. Frequency of Response: Other (one- [FR Doc. 95–8506 Filed 4–5–95; 8:45 am] Comments or questions concerning this time testing sessions). BILLING CODE 4910±13±M proposed action and the EIS should be Estimated Total Reporting Burden: directed to the FHWA at the address 3,267 hours. provided above. (Catalog of Federal Federal Highway Administration Domestic Assistance Program Number Clearance Officer: Garrick Shear (202) 20.205, Highway Research, Planning 622–3869, Internal Revenue Service, Environmental Impact Statement, and Construction. The regulations Room 5571, 1111 Constitution Dallas County; the Cities of Carrollton, implementing Executive Order 12372 Avenue, NW., Washington, DC 20224. Farmers Branch, and Irving, TX regarding intergovernmental OMB Reviewer: Milo Sunderhauf (202) AGENCY: Federal Highway consultation on Federal programs and 395–7340, Office of Management and Administration (FHWA), DOT. activities apply to this program. Budget, Room 10226, New Executive ACTION: Notice of intent. Issued on: March 30, 1995. Office Building, Washington, DC 20503. SUMMARY: The FHWA is issuing this Peter A. Lombard, notice to advise the public that an Director, Office of Planning and Program Lois K. Holland, environmental impact statement will be Development, Fort Worth, Texas. Departmental Reports, Management Officer. prepared for a proposed highway project [FR Doc. 95–8479 Filed 4–5–95; 8:45 am] [FR Doc. 95–8462 Filed 4–5–95; 8:45 am] in Dallas County, Texas. BILLING CODE 4910±22±M BILLING CODE 4830±01±P Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17605 Public Information Collection room 5571, 1111 Constitution Modernization (107 Stat. 2170). Subtitle Requirements Submitted to OMB for Avenue, NW., Washington, DC 20224. B of title VI establishes the National Review. OMB Reviewer: Milo Sunderhauf (202) Customs Automation Program (NCAP)— 395–7340, Office of Management and an automated and electronic system for March 28, 1995. Budget, room 10226, New Executive the processing of commercial The Department of Treasury has Office Building, Washington, DC importations. Section 631 in Subtitle B submitted the following public 20503. of the Act creates sections 411 through information collection requirement(s) to Lois K. Holland, 414 of the Tariff Act of 1930 (19 U.S.C. OMB for review and clearance under the Departmental Reports, Management Officer. 1411–1414), which define and list the Paperwork Reduction Act of 1980, existing and planned components of the Public Law 96–511. Copies of the [FR Doc. 95–8463 Filed 4–5–95; 8:45 am] BILLING CODE 4830±01±P NCAP (section 411), promulgate submission(s) may be obtained by program goals (section 412), provide for calling the Treasury Bureau Clearance the implementation and evaluation of Officer listed. Comments regarding this Customs Service the program (section 413), and provide information collection should be for remote location filing (RLF) (section addressed to the OMB reviewer listed Announcement of National Customs 414). Section 101.9(b) of the Customs and to the Treasury Department Automation Program Test Regarding Regulations (19 CFR 101.9(b)), Clearance Officer, Department of the Remote Location Filing implements the testing of NCAP Treasury, room 2110, 1425 New York components. See, T.D. 95–21 (60 FR AGENCY: Avenue, NW., Washington, DC 20220. Customs Service, Department 14211, March 16, 1995). Special Request: In order to conduct of the Treasury. the satisfaction survey described below ACTION: General notice. I. Description of Proposed Test in a timely manner, the Department of The Concept of Remote Location Filing Treasury is requesting Office of SUMMARY: This notice announces Management and Budget (OMB) review Customs plan to conduct the first of at Remote Location Filing (RLF) will and approval of this information least two prototype tests regarding allow a program participant to file collection by March 31, 1995. To obtain remote location filing. This notice electronically an entry of merchandise a copy of this survey, please write to the invites public comments concerning any with Customs from a location within the IRS Clearance Officer at the address aspect of the planned test, informs United States other than at the port of listed below. interested members of the public of the arrival or location of examination. Due eligibility requirements for voluntary to the nature of this prototype test, Internal Revenue Service (IRS) participation in the testing of the first certain Customs Regulations pertaining OMB Number: 1545–1432 prototype, and describes the basis on to brokers permits, surety bonds, and Survey Project Number: IRS PC:V 95– which Customs will select participants. the entry of merchandise will be 006–G EFFECTIVE DATE: The test of the first suspended. Type of Review: Revision prototype will commence no earlier Since June of 1994, the Customs Title: Sacramento Info California than June 1, 1995, and will run for Remote Team has shared Customs RLF (InfoCal) Kiosk Survey approximately six months. Comments Description: Recently, the State of concept through many public meetings concerning the methodology of the first and concept papers, and other California deployed a computer-based, remote filing prototype must be received touch-screen, multi-media kiosk information on RLF has been distributed on or before May 8, 1995. To participate on the Customs Electronic Bulletin system—called Info California in the first prototype test, the necessary (InfoCal)—that offers the public a wide Board and the Customs Administrative information, as outlined in this notice, Message System. range of government services and must be filed with Customs on or before Customs intends to conduct at least assistance. InfoCal is designed to offer May 8, 1995. customers a ‘‘one-stop’’ opportunity to two prototypes of the RLF component of ADDRESSES: Written comments transact whatever governmental services the NCAP. These tests will determine regarding this notice and information and assistance they need regardless of the system and operational design of the submitted to be considered for whether it is at the federal, state or local RLF, which will allow all filers to voluntary participation on the first government level. This survey will participate in this type of entry process prototype should be addressed to the provide qualitative information from at a national level. At this time, how the Remote Filing Team, U.S. Customs customers who have had a need to visit final RLF program will operate is Service, 1301 Constitution Avenue, a kiosk. Specifically, IRS will collect unknown. Prototype participants must N.W., Room 1322, Washington, D.C. data regarding what topics customers recognize that these are true prototypes 20229–0001. want on the kiosk which are presently to test the benefits and potential absent, as well as valuable feedback FOR FURTHER INFORMATION CONTACT: For problems of RLF for Customs, the trade about the nature and adequacy of systems or automation issues: Russ community, and other parties impacted current topics and ease of kiosk use. Lanouette (202) 927–0322, or Jackie by this program. It is important to note Respondents: Individuals or Jegels (202) 927–0201. that time and money spent on these households. For operational or policy issues: prototypes may not carry forward to the Estimated Number of Respondents: Linda LeBaron (202) 927–0424. final program. 200. SUPPLEMENTARY INFORMATION: Description of RLF Program Estimated Burden Hours Per Respondent: 5 minutes. Background Customs plans to implement RLF are Frequency of Response: Other. Title VI of the North American Free based on blending the experiences of Estimated Total Reporting Burden: 17 Trade Agreement Implementation Act the planned remote prototypes with hours. (the Act), Public Law 103–182, 107 Stat. other Customs initiatives such as the Clearance Officer: Garrick Shear (202) 2057 (December 8, 1993), contains Reorganization, ACS Redesign (ACE), 622–3869, Internal Revenue Service, provisions pertaining to Customs and Trade Compliance Process 17606 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Improvement. The Customs RLF team’s movement of cargo from its port of Electronic processing objectives are: arrival to a designated examination site. DDPP location status (1) To work with the trade community, other agencies, and other II. Eligibility Criteria 4102 Cincinnati ...... R/P, S/P done in parties impacted by this program in the Note that participation in this testing 4101. ## design, conduct and evaluation of a will not constitute confidential 41 Louisville ...... R/P, S/P done in information and that lists of participants 4101. limited prototype test of RLF; 4601 Newark ...... R/P, S/P. (2) To obtain experience through will be made available to the public 4701 JFK ...... R/P, S/P. prototype tests of remote location filing upon written request. 5201 Miami ...... R/P, S/P. for use in the design of operational In order to qualify for filing from a 5203 Port Everglades R/P, S/P done in procedures, automated systems, and remote location, a program participant 5201. regulations that are supportive and in the prototype must have the 5206 Miami Airport .... R/P, S/P done in compatible with the Customs capability to provide, on an entry-by- 5201. Reorganization, the Trade Compliance entry basis, the electronic entry of 5301 Houston ...... R/P. Process Improvement, and the ACE merchandise; the electronic entry redesign; and summary of required information; the 2. Participants must be operational on (3) To implement RLF on a national electronic transmission of invoice the Automated Clearing House (ACH) 30 level after the completion of the information (ABI/AII or EDIFACT); and days before Prototype One commences; Reorganization, the Trade Compliance the electronic payment of duties fees, 3. Only entry types 01 (consumption) Process Improvement, and the ACE and taxes (ACH). Other requirements and 11 (informal) will be accepted; Redesign. and conditions are as follows: 4. Cargo release must be certified from The first RLF prototype (Prototype 1. Participants and requested Customs the entry summary (EI) transaction with One) will commence no sooner than locations must have operational the exception of immediate delivery June 1, 1995, and is scheduled to run for experience with the Customs Electronic explained in #5; approximately six months. Prototype Invoice Program (EIP) with either ABI/ 5. Participants will be allowed to file One will be conducted with a very AII or EDIFACT. Locations available for Immediate Delivery releases for direct limited number of participants at prototype participation are those ports arrival road and rail freight at the land limited locations. This is due to the fact currently operating with EIP release and border (essentially 19 CFR 142.21(a)) that this prototype will be conducted summary processing. It is possible that with use of paper invoices under Line with minimal system changes thereby additional ports may be available when Release, Border Cargo Selectivity (BCS), requiring Customs to intervene the first prototype commences. The or Cargo Selectivity (CS). Submission of manually in tracking and processing. following are locations currently all line items at the time of release will All procedures and processes will be operational with EIP. (S/P indicates be required of northern border filers, if closely coordinated with all selected summary processing location and R/P the release is effected using BCS or CS. and affected parties. The intent of this indicates release processing location). If an examination is required for a line prototype is to test such operational release transaction, the filer must submit all relevant line item issues as communication, cargo DDPP location Electronic processing movement and release, and service to status information through BCS or CS. Under and from remote locations. This BCS and CS, the examination will be 0101 Portland ME ..... S/P. performed at the port of arrival with the prototype will also test features such as 0106 Houlton ME ...... R/P, S/P done in filing from a remote location, alternate 0101. use of paper invoices. If the filer wishes exam location, and possibly entry 0115 Calais ME ...... R/P, S/P done in the examination to be performed at an summary workload distribution. 0101. alternate site, full entry summary The second remote prototype 0401 Boston ...... R/P. information (EI transaction) with (Prototype Two) is tentatively scheduled 0901 Buffalo ...... S/P. electronic invoice must be transmitted; to commence no sooner than June 1, 0903 Rochester ...... R/P, S/P done in 6. Participants will not be allowed to 1996. Prototype Two will continue to 0901. file an RLF against cargo that has been 1001 New York Sea- R/P, S/P. moved in-bond; evaluate operational impact and port. procedures, and begin addressing 1101 Philadelphia ..... R/P, S/P. 7. Participants will be required to use additional systemic needs. The work 1102 Chester PA ...... R/P, S/P done in OGA interfaces where they are completed by Customs Trade 1101. available; and Compliance process improvement teams 1103 Wilmington DE . R/P, S/P done in 8. If an examination is determined and the Automated Commercial 1101. necessary, cargo will be examined at the Environment (ACE or the ACS 1108 Philadelphia Air- R/P, S/P done in Customs port of arrival, or, at Customs Redesign), and experience gained from port. 1101. discretion, a filer’s requested designated 1303 Baltimore Sea- R/P, S/P. examination site which would be a Prototype One will be incorporated into port. this prototype. 1401 Norfolk ...... R/P. Customs port which is at or nearest the final destination. This movement of Regulatory Provisions Suspended 1601 Charleston ...... R/P. 1703 Savannah ...... R/P. cargo to a designated examination port Certain provisions in Part 111, 1803 Jacksonville ...... R/P. will be under the importer’s bond. pertaining to Customs brokers, Part 113, 2002 New Orleans .... R/P. 9. A participant must maintain an pertaining to Customs bonds, and Part 2304 Laredo ...... R/P, S/P. average of 1–2 entries per day 141, pertaining to the entry of 2704 Los Angeles ..... R/P, S/P done in Ter- throughout the testing of the prototype. merchandise, of the Customs minal Island, CA. Customs will work with participants 2809 San Francisco .. R/P. Regulations (19 CFR Parts 111, 113, and 3001 Seattle ...... R/P. to ensure that: 141) will be suspended during this 3701 Milwaukee ...... R/P. (1) Customs contacts and problem prototype test to allow remote filings by 3801 Detroit ...... R/P. solving teams are established. brokers in districts where they currently 3901 Chicago ...... R/P. (2) Procedures for remote entry and do not hold permits, and to allow for the 4101 Cleveland ...... S/P. entry summary processing are prepared. Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17607 (3) Notification to the participant’s establish baseline measures and warehouse for consumption on or after contact person of the examination site is evaluation methods and criteria. At 90 June 19, 1995; for all other persons, this arranged. days and 180 days after commencement, document is effective on April 6, 1995. evaluations of the prototype will be Prototype One Application FOR FURTHER INFORMATION CONTACT: conducted, with the final results Wende Schuster, Special Classification This notice requests importers or published in the Federal Register as and Marking Branch (202) 482–6980. brokers on behalf of importers to required by § 101.9(b). The following voluntarily apply for participation in evaluation methods and criteria have SUPPLEMENTARY INFORMATION: Prototype One by submitting the been suggested: Background following information to the Remote 1. Baseline measurements will be Section 304 of the Tariff Act of 1930, Filing Team, U.S. Customs Service, established through dataqueries and as amended (19 U.S.C. 1304), provides 1301 Constitution Avenue, N.W. Room questionnaires. that, unless excepted, every article of 1322, Washington, D.C. 20229–0001 on 2. Reports will be run through use of foreign origin (or its container) imported or before the date set forth in the dataquery throughout the prototype. into the U.S. shall be marked in a effective date paragraph at the beginning 3. Questionnaires will be conducted conspicuous place as legibly, indelibly, of this notice: before, during, and after the prototype and permanently as the nature of the 1. Importer name and, if applicable, period. article (or its container) will permit, in broker name, address, and filer code. Preliminary ideas for evaluation criteria such a manner as to indicate to the 2. Supplier name, address, and for Customs and other government manufacturer’s number. ultimate purchaser in the U.S. the agencies are workload impact (workload English name of the country of origin of 3. Types of commodities to be shifts, cycletime, etc.), policy and imported. the article. Failure to mark an article in procedural accommodation, trade accordance with the requirements of 19 4. Other agency requirements. compliance impact, alternate exam site 5. Port(s) of arrival. U.S.C. 1304 shall result in the levy of a issues (workload shift, coordination/ duty of ten percent ad valorem. Part 6. Designated examination site(s) communication, etc.), problem solving, (location nearest the final destination). 134, Customs Regulations (19 CFR Part system efficiency, and the collection of 134), implements the country of origin 7. Monthly volume anticipated. statistics. Criteria ideas for the trade are 8. Requested entry summary marking requirements and exceptions of service in cargo clearance and problem 19 U.S.C. 1304. processing location(s), if different from resolution, cost benefits, system the port of arrival. efficiency, operational efficiency, and Past Policy 9. Electronic Invoicing Program status other items identified by the participant In the past, Customs has taken the and projected start date. group. 10. Electronic Payment (ACH) status position that in order for the country of In conclusion, it is emphasized that if origin marking of a good which is and projected start date. a company is interested in filing 11. Main contact person and produced in the West Bank or Gaza remotely, they must first be operational Strip to be considered acceptable, it telephone number for participation with the Electronic Invoicing Program questions. must be marked with the words (EIP). For information on the Electronic ‘‘Israel,’’ ‘‘Product of Israel,’’ or ‘‘Israeli- 12. Any comments on prototype Invoicing Program (EIP), please contact participation. Occupied West Bank (or Gaza),’’ or your ABI Client Representative. words of similar meaning. In all such Basis for Participant Selection Dated: March 30, 1995. instances, Customs required that the Eligible importers or importers with Samuel H. Banks, word ‘‘Israel’’ must appear in the brokers will be considered for selection Assistant Commissioner, Office of Field marking designation. For instance, in as participants in Prototype One. Operations. HRL 718329 dated December 21, 1981, Customs is looking for a variety of [FR Doc. 95–8429 Filed 4–5–95; 8:45 am] Customs held that it is acceptable to circumstances and participants in this BILLING CODE 4820±02±P mark goods which were produced on first prototype; however, only a small the West Bank of the Jordan River with number of participants will be selected. the phrase ‘‘Israeli-Occupied West We stress that those not selected for [T.D. 95±25] Bank,’’ ‘‘Made in Israel,’’ or ‘‘Israel’’ and to indicate such marking designation on participation will be invited to comment Country of Origin Marking of Products the Certificate of Origin Form A for on the design, conduct, and evaluation From the West Bank and Gaza of this prototype. Selection will be purposes of the Generalized System of based on EIP operational experience, AGENCY: U.S. Customs Service, Preferences (GSP). In another case volume anticipated, electronic abilities, Department of Treasury. concerning goods produced on the West and available electronic interfaces with ACTION: Notice of Policy. Bank of the Jordan River (HRL 718125 other agencies import requirements. dated November 12, 1981), Customs Participants selected will be notified by SUMMARY: This document notifies the held that these goods must be marked means of the Customs Electronic public that, for country of origin with the designators ‘‘Israeli-Occupied Bulletin Board and the Customs marking purposes, goods which are West Bank’’, ‘‘Made in Israel’’, or Administrative Message System. produced in the West Bank and Gaza ‘‘Israel’’ for purposes of indicating the Strip shall be properly marked as ‘‘West country of origin of the merchandise III. Test evaluation criteria Bank,’’ ‘‘Gaza’’ or ‘‘Gaza Strip’’ and shall pursuant to 19 U.S.C. 1304. In addition, Once participants are selected, not contain the words ‘‘Israel,’’ ‘‘Made in HRL 730094 dated January 30, 1987, Customs and the participants will meet in Israel,’’ ‘‘Occupied Territories-Israel,’’ Customs held that the proper country of to review all public comments received or words of similar meaning. origin marking designation for soap concerning any aspect of the test EFFECTIVE DATE: For those persons which is produced in the West Bank is program or procedures, finalize whose ruling is revoked, the position set ‘‘Israeli-occupied West Bank’’ or simply procedures in light of those comments, forth in this document is effective for ‘‘Israel’’. Finally, in HRL 734609 dated form problem-solving teams, and merchandise entered or withdrawn from May 26, 1992, which concerned the 17608 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices proper country of origin marking of regarded as products of Germany for the Revocation of Prior Rulings fruits and vegetables imported into the purposes of the marking provisions of On November 23, 1994, Customs U.S. from the Gaza Strip, Customs held the Tariff Act of 1930, and for issued telex 6327071, which stated that that the designation ‘‘West Bank’’ is not determining applicable rates of duty. Customs was proposing to change its an acceptable country of origin marking Based upon instructions given by the position regarding the country of origin because the United States does not U.S. Department of State, Customs held marking requirements for goods made in recognize the West Bank territory as an that as a result of a change in the West Bank and Gaza Strip. In the independent political entity. jurisdiction from Czechoslovak to telex, Customs stated that effective Consequently, Customs stated in HRL German in the Sudeten areas which immediately merchandise which is 734609 that as the Gaza Strip has a were under German occupation, produced in the West Bank or Gaza similar status as the West Bank, the products which were manufactured in Strip may be properly marked with the country of origin markings, ‘‘Israel- those areas and were exported on or words ‘‘West Bank,’’ ‘‘Gaza,’’ or ‘‘Gaza Occupied Gaza,’’ ‘‘Made in Israel,’’ or after the date of German occupation Strip,’’ without the words ‘‘Israel,’’ ‘‘Israel’’ but not simply the word ‘‘Gaza’’ were considered products of Germany ‘‘Product of Israel,’’ or ‘‘Israeli-Occupied can be used on goods which are West Bank,’’ or words of similar produced in Gaza. for purposes of country of origin marking. meaning, also appearing in the marking Recognition of West Bank and Gaza In United States v. Friedlaender & designation. The telex further stated that Strip Co., Inc., C.C.P.A. (February 26, 1940), Customs would publish a notice in the Customs Bulletin requesting public The Department of State has advised the issue involved the proper country of comment on the modification or that in accordance with the Israeli-PLO origin marking of imported merchandise revocation of prior rulings concerning Declaration of Principles on Interim which was wholly manufactured in Self-Government Arrangements (‘‘the this matter. However, it was further Czechoslovakia, except at the time the noted in the telex that until such DOP’’), which was signed in goods were exported, the territory in Washington, D.C. on September 13, modification or revocation is effected, which the goods were manufactured the prior rulings concerning the proper 1993, Israel has agreed to transfer was under German occupation. Customs certain powers and responsibilities to marking of goods made in the West held that marking the goods as products the Palestinian Authority. Under this Bank or Gaza Strip would remain valid of Czechoslovakia was not acceptable, Agreement, Israel has also consented to and goods may continue to be marked make a similar transfer to a superseding, based upon instructions set forth in T.D. in accordance with them. elected Palestinian Council, as part of 49743. The court agreed with Customs On February 8, 1995, Customs interim self-governing arrangements in and held that as the goods were published a notice in the Customs the West Bank and Gaza Strip. As part exported at a time when that part of Bulletin (Volume 29, Number 6), of this Agreement, the Palestinian Czechoslovakia in which the goods were proposing to revoke Headquarters Authority has agreed to administer its manufactured was under German Ruling Letters (HRL—s) 718329, 718125, own tariff revenue collection and other occupation, the marking 730094, and 734609, to reflect the customs matters. The Palestinian ‘‘Czechoslovakia’’ was not in position that goods which are produced Authority also acceded to set its own tax compliance with the requirements of the in the West Bank or Gaza Strip shall be policy under the terms of an marking statute, and the goods should regarded as a product of the West Bank implementing agreement which was be marked to indicate ‘‘Germany’’ as the or Gaza Strip in accordance with the concluded in Cairo on May 4, 1994. In country of origin. However, in a later requirements of 19 U.S.C. 1304 and 19 view of these recent developments, the Treasury Decision (T.D. 51360 dated CFR Part 134, and shall be marked as U.S. Department of the State has November 30, 1945), the position taken ‘‘West Bank,’’ ‘‘Gaza’’ or ‘‘Gaza Strip,’’ advised the U.S. Department of the by Customs in T.D. 49743 was and shall not contain the words Treasury by letter dated October 24, rescinded. In T.D. 51360, Customs ‘‘Israel,’’ ‘‘Made in Israel,’’ ‘‘Occupied 1994, that, in their view, the primary stated that the U.S. Department of State Territories-Israel,’’ or words of similar purpose of 19 U.S.C. 1304 would be best advised that the boundaries of meaning. served if goods which are produced in Czechoslovakia had been reestablished Two comments received in response the West Bank and Gaza Strip are as they existed prior to the date of the to the February 8, 1995, Customs permitted to be marked ‘‘West Bank’’ or occupation by Germany, and that the Bulletin notice both of which were ‘‘Gaza Strip.’’ The Department of State United States recognized favorable to the Customs proposal. One believes that labeling goods as coming Czechoslovakia as an independent state. commenter, however, suggested that from the ‘‘West Bank’’ or ‘‘Gaza’’ will Based upon this information, Customs Customs expand the proposed position provide American purchasers with reversed the position taken in T.D. by allowing goods which are produced important information indicating their 49743, and concluded that articles in the West Bank or Gaza Strip to be origin, which is the primary purpose of which were manufactured or produced marked as ‘‘West Bank,’’ ‘‘Gaza,’’ 19 U.S.C. 1304. in Czechoslovakia after May 8, 1945, ‘‘Palestine,’’ ‘‘West Bank, Palestine,’’ or should be regarded as products of ‘‘Gaza, Palestine.’’ The U.S. Department Reliance Upon Advice From State of State has not identified the area Department Czechoslovakia for purposes of the marking provisions of the Tariff Act of within the West Bank or Gaza Strip as Customs has previously relied upon 1930. one that should be recognized as advice received from the U.S. ‘‘Palestine.’’ Therefore, articles which Department of State in making Accordingly, consistent with prior are produced in the West Bank or Gaza determinations regarding the ‘‘country Customs decisions, Customs is relying Strip may not be marked as products of of origin’’ of a good for marking upon advice from the Department of ‘‘Palestine.’’ purposes. In T.D. 49743 dated State for purposes of defining the term November 10, 1938, the question was ‘‘Country’’ within the meaning of New Position whether products imported from section 134.1(a), Customs Regulations This document notifies the public that German-occupied territories were (19 CFR 134.1(a)). unless excepted from marking, goods Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17609 which are produced in the territorial under Sections 9304 to 9308, Title 31, [Dept. Circ. 570, 1994 Rev., Supp. No. 18] areas known as the West Bank or Gaza of the United States Code. Federal bond- Strip shall be marked as ‘‘West Bank,’’ approving officers should annotate their Surety Companies Acceptable on Federal Bonds; Reliance Insurance ‘‘Gaza,’’ or ‘‘Gaza Strip’’ in accordance reference copies of the Treasury Circular Company of Illinois with the requirements of 19 U.S.C. 1304 570, 1994 Revision, on page 34144 to and 19 CFR Part 134, and shall not reflect this addition: A Certificate of Authority as an contain the words ‘‘Israel,’’ ‘‘Made in acceptable surety on Federal Bonds is Israel,’’ ‘‘Occupied Territories-Israel,’’ or American Reliable Insurance Company. Business Address: 8655 East Via De Ventura, hereby issued to the following company words of similar meaning. This under Sections 9304 to 9308, Title 31, document also revokes prior ruling Scottsdale, Arizona, 85258. Phone: (602) 483–8666. Underwriting Limitation b/: of the United States Code. Federal bond- letters (HRL’s 718329, 718125, 730094, $1,899,000. Surety Licenses c/: AL, AK, AZ, approving officers should annotate their and 734609) regarding the country of AR, CA, CO, DE, DC, FL, GA, HI, ID, IL, IN, reference copies of the Treasury Circular origin marking requirements for goods IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, 570, 1994 Revision, on page 34174 to which are produced in the West Bank MT, NE, NV, HH, NJ, NM, NY, NC, ND, OH, reflect this addition: and Gaza Strip. For those persons whose OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, ruling is revoked, the position stated in Reliance Insurance Company of Illinois. WA, WI, WY. Incorporated in: Arizona. Business Address: 4 Penn Center Plaza, this document is effective for Philadelphia, PA 19103. Phone: (215) 864– merchandise which is entered or Certificates of authority expire on 4000. Underwriting limitation b: $1,464,000. withdrawn from warehouse for June 30 each year, unless revoked prior Surety License c/: IL Incorporated in: Illinois. consumption on or after 60 days from to that date. The Certificates are subject the date this document is published in Certificates of Authority expire on to subsequent annual renewal as long as June 30 each year, unless revoked prior the Customs Bulletin; for all other the companies remain qualified (31 CF persons, this document is effective on to that date. The Certificates are subject part 223). A list of qualified companies to subsequent annual renewal as long as the date of publication in the Federal is published annually as of July 1 in Register. the companies remain qualified (31 CFR Treasury Department Circular 570, with part 223). A list of qualified companies Dated: April 3, 1995. details as to underwriting limitations, is published annually as of July 1 in Stuart P. Seidel, areas in which licensed to transact Treasury Department Circular 570, with Assistant Commissioner, Office of surety business and other information. details as to underwriting limitations, Regulations and Rulings. Copies of the Circular may be areas in which licensed to transact [FR Doc. 95–8454 Filed 4–5–95; 8:45 am] obtained from the Surety Bond Branch, surety business and other information. BILLING CODE 4820±02±P Funds Management Division, Financial Copies of the Circular may be Management Service, Department of the obtained from the Surety Bond Branch, Funds Management Division, Financial Fiscal Service Treasury, Hyattsville, MD 20782, telephone (202) 874–7116. Management Service, Department of the [Dept. Circ. 570, 1994 Rev., Supp. No. 17] Treasury, Hyattsville, MD 20782, Dated: March 29, 1995. telephone (202) 874–6507. Surety Companies Acceptable on Charles F. Schwan, Dated: March 29, 1995. Federal Bonds, American Reliable Director, Funds Management Division, Charles F. Schwan, Insurance Company Financial Management Service. Director, Funds Management Division, A Certificate of Authority as an [FR Doc. 95–8496 Filed 4–5–95; 8:45 am] Financial Management Service. acceptable surety on Federal Bonds is BILLING CODE 4810±35±M [FR Doc. 95–8495 Filed 4–5–95; 8:45 am] hereby issued to the following company BILLING CODE 4810±35±M 17610 Sunshine Act Meetings Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 This section of the FEDERAL REGISTER Commission’s Central Office, 5550 business. Upon motion duly made, contains notices of meetings published under Friendship Boulevard, Chevy Chase, seconded, and carried, the following the ``Government in the Sunshine Act'' (Pub. Maryland 20815. The purpose of the Commissioners voted that the meeting L. 94-409) 5 U.S.C. 552b(e)(3). meeting was to decide five appeals from be closed: Edward F. Reilly, Jr., Carol National Commissioners’ decisions Pavilack Getty, Jasper Clay, Jr., Vincent J. Fechtel, Jr., John R. Simpson, and UNITED STATES PAROLE COMMISSION pursuant to 28 C.F.R. Section 2.27. Six Commissioners were present, Michael J. Gaines. Record of Vote of Meeting Closure constituting a quorum when the vote to In Witness Whereof, I make this (Public Law 94–409) (5 U.S.C. Sec. close the meeting was submitted. official record of the vote taken to close 552b) this meeting and authorize this record to Public announcement further be made available to the public. I, Edward F. Reilly, Jr., Chairman of describing the subject matter of the the United States Parole Commission, meeting and certifications of General Dated: March 3, 1995. presided at a meeting of said Counsel that this meeting may be closed Edward F. Reilly, Jr., Commission which started at by vote of the Commissioners present Chairman, U.S. Parole Commission. approximately nine o’clock a.m. on were submitted to the Commissioners [FR Doc. 95–8596 Filed 4–4–95; 11:45 am] Tuesday, March 27, 1995 at the prior to the conduct of any other BILLING CODE 4410±01±M 17611 Corrections Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 This section of the FEDERAL REGISTER February 15, 1995, make the following On page 8607, in the second column, contains editorial corrections of previously correction: in Reference 29., in the fourth line, published Presidential, Rule, Proposed Rule, On page 8918, in the third column, in ‘‘Hospital Medicine,’’ should read and Notice documents. These corrections are the second full paragraph, in the sixth ‘‘Urology,’’. prepared by the Office of the Federal line from the bottom, ‘‘≤’’ should read Register. Agency prepared corrections are > BILLING CODE 1505±01±D issued as signed documents and appear in ‘‘ ’’. the appropriate document categories BILLING CODE 1505±01±D elsewhere in the issue. DEPARTMENT OF THE INTERIOR DEPARTMENT OF HEALTH AND Bureau of Land Management HUMAN SERVICES DEPARTMENT OF HEALTH AND [UT-080-1430-01; UTU-71261] HUMAN SERVICES Food and Drug Administration Notice of Realty Action Food and Drug Administration 21 CFR Part 876 Correction 21 CFR Part 310 In notice document 95–6694 [Docket No. 94N-0380] [Docket No. 77N-334S] beginning on page 15152 in the issue of Wednesday, March 22, 1995, make the RIN 0905-AA06 Gastroenterology-Urology Devices; Effective Date of the Requirement for following corrections: Topical Drug Products for Over-the- Premarket Approval of the Implanted 1. On page 15153, in the table, in Counter Human Use; Products for the Mechnical/Hydraulic Urinary Parcel No. 14, in the land description, Prevention of Swimmer's Ear and for Continence Device the first line should read ‘‘T. 3 S., R. 20 the Drying of Water-Clogged Ears; E.,’’. Final Rule Correction 2. On page 15154, in the table, in In proposed rule document 95–3805 Parcel No. 39, in the land description, Correction beginning on page 8595 in the issue of the second line should read ‘‘Sec. 15: In rule document 95–3803 beginning Wednesday, February 15, 1995, make NW1⁄4NE1⁄4.’’. on page 8916 in the issue of Wednesday, the following correction: BILLING CODE 1505±01±D federal register April 6,1995 Thursday Indian Tribe;Notices Acknowledgement ofExistenceasan Receipt ofPetitionforFederal Bureau ofIndianAffairs Interior Department ofthe Part II 17613 17614 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices DEPARTMENT OF THE INTERIOR Pursuant to 25 CFR 83.9 (a) (formerly This is a notice of receipt of petition 25 CFR 54.8(a)) notice is hereby given and does not constitute notice that the Bureau of Indian Affairs that the Cowasuck Band-Abenaki petition is under active consideration. People, c/o Paul W. Pouliot, 160 Dailey Notice of active consideration will be Receipt of Petition for Federal Drive, Franklin, Massachusetts 02038– sent by mail to the petitioner and other Acknowledgment of Existence as an 2951; has filed a petition for interested parties at the appropriate Indian Tribe acknowledgment by the Secretary of the time.Under § 83.9(a) (formerly § 54.8(d)) of the Federal regulations, interested This is published in the exercise of Interior that the group exists as an parties and informed parties may submit authority delegated by the Secretary of Indian Tribe. The petition was received factual and/or legal arguments in the Interior to the Assistant Secretary— by the Bureau of Indian Affairs (BIA) on support of or in opposition to the Indian Affairs by 209 DM 8. January 23, 1995, and was signed by members of the group’s governing body. group’s petition. Any information Pursuant to 25 CFR 83.9(a) (formerly This is a notice of receipt of petition submitted will be made available on the 25 CFR 54.8(a)) notice is hereby given and does not constitute notice that the same basis as other information in the that the Federated Coast Miwork, c/o petition is under active consideration. BIA’s files. Such submissions will be Greg Sarris, 2062 No. Sycamore Avenue, Notice of active consideration will be provided to the petitioner upon receipt Los Angeles, California 90068; has filed sent by mail to the petitioner and other by the BIA. The petitioner will be a petition for acknowledgment by the interested parties at the appropriate provided an opportunity to respond to Secretary of the Interior that the group time. such submissions prior to a final exists as an Indian tribe. The petition Under § 83.9(a) (formerly § 54.8(d)) of determination regarding the petitioner’s was received by the Bureau of Indian the Federal regulations, interested status. Affairs (BIA) on February 8, 1995, and parties and informed parties may submit The petition may be examined, by was signed by members of the group’s factual and/or legal arguments in appointment, in the Department of the governing body. support of or in opposition to the Interior, Bureau of Indian Affairs, This is a notice of receipt of petition group’s petition. Any information Branch of Acknowledgment and and does not constitute notice that the submitted will be made available on the Research, Room 1362–MIB, 1849 C petition is under active consideration. same basis as other information in the Street, NW., Washington, DC 20240, Notice of active consideration will be BIA’s files. Such submissions will be Phone: (202) 208–3592. sent by mail to the petitioner and other provided to the petitioner upon receipt Dated: March 23, 1995. interested parties at the appropriate by the BIA. The petitioner will be Ada E. Deer, time. provided an opportunity to respond to Assistant Secretary—Indian Affairs. Under § 83.9(a) (formerly § 54.8(d)) of such submissions prior to a final [FR Doc. 95–8303 Filed 4–5–95; 8:45 am] the Federal regulations, interested determination regarding the petitioner’s BILLING CODE 4310±02±M parties and informed parties may submit status. factual and/or legal arguments in The petition may be examined, by support of or in opposition to the appointment, in the Department of the Receipt of Petition for Federal group’s petition. Any information Interior, Bureau of Indian Affairs, Acknowledgment of Existence as an submitted will be made available on the Branch of Acknowledgment and Indian Tribe same basis as other information in the Research, Room 1362–MIB, 1849 C This is published in the exercise of BIA’s files. Such submissions will be Street, NW., Washington, DC 20240, authority delegated by the Secretary of provided to the petitioner upon receipt Phone: (202) 208–3592. by the BIA. The petitioner will be the Interior to the Assistant Secretary— provided an opportunity to respond to Dated: March 23, 1995. Indian Affairs by 209 DM 8. such submissions prior to a final Ada E. Deer, Pursuant to 25 CFR 83.9(a) (formerly determination regarding the petitioner’s Assistant Secretary—Indian Affairs. 25 CFR 54.8(a)) notice is hereby given status. [FR Doc. 95–8302 Filed 4–5–95; 8:45 am] that the Pee Dee Indian Association, Inc., c/o David C. Locklear, P.O. Box The petition may be examined, by BILLING CODE 4310±02±M 557, McColl, South Carolina 29570; has appointment, in the Department of the filed a petition for acknowledgment by Interior, Bureau of Indian Affairs, the Secretary of the Interior that the Branch of Acknowledgment and Receipt of Petition for Federal group exists as an Indian tribe. The Research, Room 1362–MIB, 1849 C Acknowledgment of Existence as an Indian Tribe petition was received by the Bureau of Street, N.W., Washington, D.C. 20240, Indian Affairs (BIA) on January 30, Phone: (202) 208–3592. This is published in the exercise of 1995, and was signed by members of the Dated: March 23, 1995. authority delegated by the Secretary of group’s governing body. Ada E. Deer, the Interior to the Assistant Secretary— This is a notice of receipt of petition Assistant Secretary—Indian Affairs. Indian Affairs by 209 DM 8. and does not constitute notice that the [FR Doc. 95–8306 Filed 4–5–95; 8:45 am] Pursuant to 25 CFR 83.9(a) (formerly petition is under active consideration. 25 CFR 54.8(a)) notice is hereby given BILLING CODE 4310±02±M Notice of active consideration will be that the Katalla-Chilkat Tlingit Tribe of sent by mail to the petitioner and other Alaska, c/o Gary C. Patton, 1001 interested parties at the appropriate Receipt of Petition for Federal Boniface Parkway, Suite 45p, anchorage, time. Acknowledgement of Existence as an Alaska 99504; has filed a petition for Under § 83.9(a) (formerly § 54.8(d)) of Indian Tribe acknowledgment by the Secretary of the the Federal regulations, interested Interior that the group exists as an parties and informed parties may submit This is published in the exercise of Indian tribe. The petition was received factual and/or legal arguments in authority delegated by the Secretary of by the Bureau of Indian Affairs (BIA) on support of or in opposition to the the Interior to the Assistant Secretary— February 2, 1995, and was signed by group’s petition. Any information Indian Affairs by 209 DM 8. members of the group’s governing body. submitted will be made available on the Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17615 same basis as other information in the Notice of active consideration will be Robert Page, 900 Milldale Road, BIA’s files. Such submissions will be sent by mail to the petitioner and other Cheshire, Connecticut 06410; has filed a provided to the petitioner upon receipt interested parties at the appropriate petition for acknowledgment by the by the BIA. The petitioner will be time. Secretary of the Interior that the group provided an opportunity to respond to Under § 83.9(a) (formerly § 54.8(d)) of exists as an Indian tribe. The petition such submissions prior to a final the Federal regulations, interested was received by the Bureau of Indian determination regarding the petitioner’s parties and informed parties may submit Affairs (BIA) on January 23, 1995, and status. factual and/or legal arguments in was signed by members of the group’s The petition may be examined, by support of or in opposition to the governing body. appointment, in the Department of the group’s petition. Any information This is a notice of receipt of petition Interior, Bureau of Indian Affairs, submitted will be made available on the and does not constitute notice that the Branch of Acknowledgment and same basis as other information in the petition is under active consideration. Research, Room 1362–MIB, 1849 C BIA’s files. Such submissions will be Notice of active consideration will be Street, NW., Washington, DC 20240, provided to the petitioner upon receipt sent by mail to the petitioner and other Phone: (202) 208–3592. by the BIA. The petitioner will be interested parties at the appropriate Dated: March 23, 1995. provided an opportunity to respond to time. Ada E. Deer, such submissions prior to a final determination regarding the petitioner’s Under § 83.9(a) (formerly § 54.8(d)) of Assistant Secretary—Indian Affairs. status. the Federal regulations, interested [FR Doc. 95–8307 Filed 4–5–95; 8:45 am] The petition may be examined, by parties and informed parties may submit BILLING CODE 4310±02±M appointment, in the Department of the factual and/or legal arguments in Interior, Bureau of Indian Affairs, support of or in opposition to the Branch of Acknowledgment and group’s position. Any information Receipt of Petition for Federal Research, Room 1362–MIB, 1849 C submitted will be made available on the Acknowledgment of Existence as an Street, NW., Washington, DC 20240, same basis as other information in the Indian Tribe Phone: (202) 208–3592. BIA’s files. Such submissions will be provided to the petitioner upon receipt This is published in the exercise of Dated March 23, 1995. authority delegated by the Secretary of by the BIA. The petitioner will be Ada E. Deer, provided an opportunity to respond to the Interior to the Assistant Secretary— Assistant Secretary—Indian Affairs. Indian Affairs by 209 DM 8. such submissions prior to a final Pursuant to 25 CFR 83.9(a) (formerly [FR Doc. 95–8305 Filed 4–5–95; 8:45 am] determination regarding the petitioner’s 25 CFR 54.8(a)) notice is hereby given BILLING CODE 4310±02±M status. that the Amonsoquath Tribe of The petition may be examined, by Cherokee, c/o Martin Wilson, P.O. Box Receipt of Petition for Federal appointment, in the Department of the 296, Deering, Missouri 63840–0296; has Acknowledgment of Existence as an Interior, Bureau of Indian Affairs, filed a petition for acknowledgment by Indian Tribe Branch of Acknowledgment and the Secretary of the Interior that the Research, Room 1362–MIB, 1849 C group exists as an Indian tribe. The This is published in the exercise of Street, NW., Washington, DC 20240, petition was received by the Bureau of authority delegated by the Secretary of Phone: (202) 208–3592. Indian Affairs (BIA) on February 17, the Interior to the Assistant Secretary— Dated: March 23, 1995. 1995, and was signed by members of the Indian Affairs by 209 DM 8. group’s governing body. Pursuant to 25 CFR 83.9(a) (formerly Ada E. Deer, This is a notice of receipt of petition 25 CFR 54.8(a)) notice is hereby given Assistant Secretary—Indian Affairs. and does not constitute notice that the that the Pocasset Wampanoag Indian [FR Doc. 95–8304 Filed 4–5–95; 8:45 am] petition is under active consideration. Tribe, Fall River Massachusetts, c/o Mr. BILLING CODE 4310±02±M federal register April 6,1995 Thursday Notice Problems inTenderFiling:NewPolicy; Department oftheArmy Defense Department of Part III 17617 17618 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices DEPARTMENT OF DEFENSE applicable, that carrier must insert a received before closing governs. ‘‘0’’. Tender submission will be returned Identification of a rate error(s) in a bid Department of the Army as being nonresponsive for failure of submission after opening may be carrier to insert a ‘‘0’’. initiated by either HQMTMC or in Problems in Tender FilingÐNew Policy (4) Tenders containing material writing by the carrier. After opening, AGENCY: Military Traffic Management alterations shall be rejected as carriers may either withdraw or seek to Command, DOD. nonresponsive and shall be returned to correct rate error(s). the carrier. ACTION: Notice of New Policy. (2) Correction is allowed for clerical b. Carrier Responsibility for Tender error(s) where the intended rate is SUMMARY: MTMC is establishing a Filings. Carriers are solely responsible obvious from the bid submission itself, policy governing carrier’s responsibility for the proper preparation, accuracy, as in the case of misplaced decimal. for tender filings. This policy gives and timely submission of their tenders. (3) Correction is allowed in other MTMC authority to reject and correct Carriers are responsible for establishing cases (except in the case of a downward mistakes in rate tender filings, and quality control procedures that will correction which would displace a low provides carriers with rate filing include review of tenders prior to their bidder) only if the carrier proves the procedures for correcting mistakes in submission to Headquarters, Military mistake and the rate actually intended rate. This policy was published 59 FR Traffic Management Command. Tenders by providing HQMTMC (MTOP–T–N) 55460, 7 November 1994, for comments found to contain errors such as clear and convincing written evidence. by December 15, 1994. No comments typographical may be granted relief If the evidence supports the existence of were received. based on justification in support of the mistake, but not the rate actually DATES: The new policy will be effective alleged errors. intended, the carrier will be permitted May 15, 1995, in all new MTMC Non- c. Administrative Errors. to withdraw its tender (or MTMC will Guaranteed Traffic (GT) solicitations Administrative errors which can be reject it). Carriers must submit evidence and all new GT solicitations advertised corrected include, but are not limited to, to arrive HQMTMC (MTOP–T–N) in the Commerce Business Daily. mistakes in the following: within a reasonable time after (1) Carrier street address and Standard notification by MTMC of a suspected ADDRESSES: Headquarters, Military Carrier Alpha Code. Traffic Management Command, ATTN: mistake. (2) Carrier telephone number. (4) Where a downward correction MTOP–T–ND, Room 621, 5611 (3) Mode, if applicable. Columbia Pike, Falls Church, VA would displace a low bidder, it is (4) Tender number or series. permitted only if the mistake and the 22041–5050. (5) Interstate Commerce Commission, intended rate can be determined from FOR FURTHER INFORMATION CONTACT: and/or intrastate operating authority the solicitation and the tender itself. Ms. Barbara McGinnis, MTOP–T–ND, certificate number. (703) 756–1103. (6) Typed name of company official b. Evidence. The following evidence must, at a minimum, be submitted by SUPPLEMENTARY INFORMATION: The policy authorized to submit rates, address, and the carrier when the carrier seeks to will be included as an enclosure to all telephone number. Tender submission correct a mistake in rate other than a future MTMC Guaranteed and Non GT will be returned as being nonresponsive clerical error(s): freight solicitations after May 15, 1995. for failure of a carrier to sign its tender. (7) Tender and rate sheet not (1) Original source documents Problems in Tender Filings corresponding that can be evaluated on pertinent to the error, including, but not 1. Authority. As indicated in the an equal basis with other carriers. If a limited to, working papers, spread solicitation, the Assistant Deputy Chief rate sheet varies the material terms (e.g., sheets, transcription sheets, adding of Staff for Operations-Transportation change in rate qualifier, mileage groups, machine tapes, tariffs, cost data sheets, Services retains the authority to reject or minimum weights) of the solicitation memorandum for records, written and correct mistakes in rate tender so that the rates cannot be evaluated on procedural guidance in determining rate filings. an equal basis with other carriers, the levels, internal rate printouts, and other 2. Procedures for Filing Tenders. tender submission will be returned as such papers which will provide a clear a. General. being nonresponsive. audit trail for tracing the mistake. (1) Carriers are solely responsible to (8) Failure to submit the required (2) Other documents deemed by the ensure tender submissions are legible number of original signature copies of carrier to be relevant to error validation and typed. Handwritten or illegibly the rate tender. can also be used as evidence. typed submissions or submissions (9) Failure of the carrier to submit a (3) To protect their interests, carriers having typed strikeovers will be properly signed and executed Certificate are encouraged to retain original source returned as being nonresponsive. of Independent Pricing with tender data until it is certain that no further use (2) If a rate(s), if applicable, is submission. for it exists. omitted, the tender submission will be 3. Mistakes in Rate Filing Procedures 4. Rate Errors. Rate regression returned as being nonresponsive. (MIRF). mistakes may be considered for relief (3) If a minimum charge(s), if a. General. under the MIRF procedure. Correction applicable, is omitted, the tender (1) Carriers discovering a mistake(s) of rate regression mistakes cannot affect submission will be returned as being before bid closing time can correct such other rates already in normal regression. nonresponsive. If a carrier does not mistake(s) by submission of a new Two examples of correctable rate want to make a minimum charge, if tender prior to closing. The last tender regression mistakes are shown below: Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17619 Example 1: Minimum weights Mileage 1,000 2,000 5,000 10,000 20,000 100 or less ...... $9.60 $4.80 $1.92 $1.20 $.90 101 to 200 ...... 9.60 4.80 1.92 1.20 .90 201 to 300 ...... 14.30 7.15 2.86 3.00 1.50 301 to 400 ...... 21.90 10.95 4.38 3.09 1.55 The error in the above example is the underlined rate which is not in proper rate regression for the higher minimum weight. It can be corrected without affecting the regression for the mileage groups. If the carrier intended a different rate, the carrier may seek correction under the MIRF procedure, provided that the intended rate itself falls within normal regression. Example 2: Minimum weights Mileage 200 500 1,000 2,000 5,000 400 or less ...... $400 $160 $100 $30 $24 401 to 500 ...... 400 160 100 30 24 501 to 600 ...... 4 160 100 30 24 601 to 700 ...... 400 160 100 30 24 The error in the above example is the underlined rate which is not in proper rate regression for lower distance. It can be corrected without affecting the regression for the minimum weight groups. Kenneth L. Denton, Army Federal Register Liaison Officer. [FR Doc. 95–8441 Filed 4–5–95; 8:45 am] BILLING CODE 3719±08±M federal register April 6,1995 Thursday Notice Commerce TradeFairPrivatization; International TradeAdministration Commerce Department of Part IV 17621 17622 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices DEPARTMENT OF COMMERCE applications from U.S. firms wishing to foreign event proprietor, but it is the assume responsibility for recruitment, foreign event proprietor’s decision to International Trade Administration promotion, and management of a U.S. grant the necessary lease for exhibit [Docket No. 950327078±5078±01] pavilion or grouping of U.S. exhibitors space. varies according to each individual • Within 60 days notice of selection, Commerce Trade Fair Privatization: show as specified in this notice. the U.S. pavilion organizer must submit Private Sector Organization and ADDRESSES: Trade Fair Certification the necessary lease documentation. Management of Overseas Trade Fairs; Program, Room 2116, Export Promotion • Prior to selection of the U.S. Selection and Recruitment Services, International Trade pavilion organizer, Commerce reserves Administration, U.S. Department of AGENCY: International Trade the right to withdraw an event from the Commerce, 14th and Constitution Administration, Commerce. privatization process if circumstances Avenue, NW., Washington, DC 20230. ACTION: Requesting proposals from warrant Commerce’s retention of the FOR FURTHER INFORMATION CONTACT: qualified U.S. firms (organizers) to Paul event. Also, following selection of the assume U.S. pavilion recruitment, Bucher, U.S. Department of Commerce, U.S. pavilion organizer, Commerce may promotion, organization and Room 2116, 14th and Constitution withdraw its support of the U.S. management functions in selected Avenue, N.W., Washington, DC 20230. pavilion organizer if Commerce overseas trade fairs and announcing Tel: (202) 482–2525 Fax: (202) 482–0115 determines that the U.S. pavilion selection of firms and events for the (for communication purposes only; organizer has not complied with the pilot round of privatization initiated in facsimile applications will not be provisions outlined in the Federal June 1994. accepted). Register notice of June 24, 1994, and of SUPPLEMENTARY INFORMATION: Based on this notice. Commerce also retains the SUMMARY: This notice sets forth the the experience with the pilot round of option to directly organize and manage objectives, applicant criteria, and privatization announced June 24, 1994, a pavilion of exhibitors under these procedures for qualified U.S. firms, there are some modifications to the circumstances. associations or American Chambers of criteria contained in the referenced • While the foreign event proprietor Commerce abroad to assume the Federal Register notice. Unless responsibility for recruiting, promoting, will be encouraged to offer the selected otherwise noted or superseded by this U.S. pavilion organizer leased space organizing, and managing a U.S. announcement, all applicant eligibility exhibitor presence abroad in selected under the same conditions and rates criteria and Conditions of Participation that would be offered to Commerce, overseas trade fairs which previously specified in the June 24, 1994, Federal have been organized and managed by Commerce cannot guarantee it. Register notice still apply. The changes • Commerce. In this context and are as follows: Pavilion organizers should note that throughout this notice, this transfer of • In order to qualify, all applications the foreign event proprietor may opt to responsibilities is referred to as must be received no later than 400 days select its own agent in advance of ‘‘privatization.’’ prior to the first day of the subject show. Commerce’s selection of a U.S. pavilion In order to submit an application, per (Since some show dates are not yet organizer. In such cases, Commerce will the preceding paragraph, qualified fixed, applicant should contact the continue to offer its support to the U.S. entities must refer to the June 24, 1994, event proprietor listed for each event to pavilion organizer and event, but via the Federal Register, 59 FR 32678–32683, determine the specific dates of the standard Trade Fair Certification and submit an application per the subject event, and submit an application Program, as prescribed in the Federal instructions stated therein, as well as in within the specified time frame.) Register notice dated April 30, 1993, 58 this notice. • Trade association applicants may FR 26116. This notice also provides the names of not restrict their U.S. exhibitor Applicants Sought firms, associations, or American recruitment campaign to association Chambers of Commerce selected by the members only. Such applicants must Applicants should contact the Department of Commerce (Commerce) acknowledge and agree to this relevant trade fair authority about event to assume the responsibility for condition. This information must be specifics and logistics. The appropriate recruiting, promoting, organizing, and included in the response to Question 10 Commerce Senior Commercial Officer managing a U.S. exhibitor presence (Form of Application), as found in the should be contacted to discuss abroad in select overseas trade fairs June 24, 1994, Federal Register notice. Commerce’s activities and which previously have been organized • For events listed as TFOs (trade fair responsibilities as they relate to the U.S. and managed by Commerce. The subject recruited by overseas’ U.S. embassy pavilion. Commerce seeks applications events were previously announced in staff), Commerce cannot guarantee that from qualified firms, associations, or the June 24, 1994, Federal Register, 59 the foreign trade fair proprietor will American Chambers of Commerce FR 32678–32683. agree to privatization of the U.S. abroad to assume U.S. pavilion DATES: These revised administrative pavilion in the subject event. Commerce recruitment, promotion, organization procedures are effective on April 6, will assist the selected U.S. pavilion and management functions in the 1995. The deadline for receipt of organizer in its discussions with the following overseas trade fairs: Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17623 Type Event name Industry Ex. No. Show date City/country FRE TFO FIEPAG, Randolph Haynes, PGA 20 May 1996, Richard Ades, Senior Sao Paulo, Brazil ...... B Alcantara Machado Feiras e Commercial Officer, US&FCS Promocoes Ltda., Rua Rua Estados Unidos, 1812, Brasilio Machado 60, 01230± Sao Paulo, S.P., Brazil, Tel: 905, Sao Paulo, Brazil, Tel: 55±11±853±2011, Fax: 55± 55±11±826±9111, Fax: 55± 11±853±2744. 11±673±626. SFO EXPO USA (contact post di- GIE 60 June 1996 ...... Santo Domingo, Domin- A rectly), Robert Bucalo, Senior ican Rep. Commercial Officer, US&FCS, Unit 5500, APA AA 34041, Tel: 809±541±2171, Fax: 809±688±4838. TFO Computex (contact post di- CPT/CSF 30 June 1996 ...... Taipei, Taiwan ...... A rectly), Ying Price, Senior Commercial Officer, American Trade Center, Room 3207 International Trade Building, Taipei World Trade Center, 333 Keelung Road, Section 1, Taipei 10548, Taiwan, Tel: 886±2±720±1550, Fax: 886± 2±757±7162. TFO Santa Cruz, Luis Alberto GIE 30 Sept. 1996, Paul Larsen, Eco- Santa Cruz, Bolivia ...... B Pacheco or Eric Weise M nomic/Commercial Officer, arquez, Feria Exposicion de American Embassy, APO AA Santa Cruz, Av. Roca y Coro- 34032, Tel: 591±2±350±251, nado s/n, Casilla 116, Santa Fax: 591±2±359±875. Cruz, Bolivia, Tel: 591±3± 533±535, Fax: 591±3±530± 881. In order to receive the necessary Type CSF—Computer Software details about Commerce’s current and TFO—Trade Fair recruited by GIE—General Industrial Equipment previous involvement with the subject overseas post PGA—Printing and Graphic Arts event, applicants should contact SFO—Trade Fair for U.S. products/ Equipment services only (recruited by overseas Commerce’s Senior Commercial Officer Selected Shows and Applicants in the country where the show is being post) As part of the pilot round of trade held. If contact information for these Frequency event privatization announced in the officers is required, refer to ‘‘For Further A—Annual B—Biennial June 24, 1994, Federal Register notice, Information’’ at the beginning of this Show Industry Codes the following shows and U.S. pavilion notice. CPT—Computers and Peripherals organizers/managers were selected: Show name/date Applicant Rural Ex, July 12±31, 1995, Buenos Aires, Ar- William Warnes, VP International, CMCÐInternational Division, 200 N. Glebe Road, Suite 900, gentina. Arlington, VA 22203, Tel: (703) 527±8000, Fax: (703) 527±8006. Seoul Instrument, Sept. 1995, Seoul, Korea ..... Kathy Donnelly, Managing Dir., Concord Expo Group, P.O. Box 677, Concord, MA 01742± 2101, Tel: (508) 371±2203, Fax: (508) 371±7121. Offshore Europe, Sept. 5±8, 1995, Aberdeen, Jolanta Mazewski-Dryden, Dir. of Conferences and Exhibitions, International Exhibitions, Inc., Scotland. 1635 W. Alabama, Houston, TX 77006, Tel: (713) 529±1616, Fax: (713) 529±0936. Plovdiv Int'l Fair, Sept. 26±Oct. 2, 1995, John D. Liakatos, Via Expo Ltd., P.O. Box 630196, Bronx, NY 10463, Tel: (718) 548±4747, Plovdiv, Bulgaria. Fax: (718) 548±8197. Expo Salud, Oct. 3±7, 1995, Santiago, Chile .... William Warnes, VP International, CMCÐInternational Division, 200 N. Glebe Road, Suite 900, Arlington, VA 22203, Tel: (703) 527±8000, Fax: (703) 527±8006. Polagra Int'l Fair, Oct. 6±11, 1995, Poznan, Po- Jeff Malley, Dir. Int'l Sales and Marketing, Comtek International, 43 Danbury Road, Wilton, CT land. 06897, Tel: (203) 834±1122, Fax: (203) 762±0773. Aimex, Oct. 16±20, 1995, Sydney, Australia ..... Peter Vlahos, International Concrete and Aggregates Group, 900 Spring Street, Silver Spring, MD 20910, Tel: (301) 587±1400, Fax: (301) 587±4260. Mineria, Oct. 18±22, 1995, Acapulco, Mexico ... William Warnes, VP International, CMCÐInternational Division, 200 N. Glebe Road, Suite 900, Arlington, VA 22203, Tel: (703) 527±8000, Fax: (703) 527±8006. Fisa, Oct. 25±Nov. 5, 1995, Santiago, Chile ..... Catherine Doerr, President, ShoWorks, Inc., 702 S. Washington, Spokane, WA 99204±2524, Tel: (509) 838±8755, Fax: (509) 838±2838. Pacific Int'l Fair, November 1995, Lima, Peru ... William Warnes, VP International, CMCÐInternational Division, 200 N. Glebe Road, Suite 900, Arlington, VA 22203, Tel: (703) 527±8000, Fax: (703) 527±8006. Taipei Int'l Book Fair, January 1996, Taipei, Kathy Donnelly, Managing Dir., Concord Expo Group, P.O. Box 677, Concord, MA 01742± Taiwan. 2101, Tel: (508) 371±2203, Fax: (508) 371±7121. Expocomer, March 6±11, 1996, Panama City, Dan Chambers, DC Commerce International, 3021 South Hill Street, Arlington, VA 22202, Tel: Panama. (703) 941±3460, Fax: (703) 941±2642. 17624 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices Show name/date Applicant Inpoco, April 1996, Seoul, Korea ...... Kathy Donnelly, Managing Dir., Concord Expo Group, P.O. Box 677, Concord, MA 01742± 2101, Tel: (508) 371±2203, Fax: (508) 371±7121. Interclean '96, April 1996, Amsterdam, Nether- Ellen Glew, President, E. Glew International, Ten Tower Office Park Dr., Woburn, MA 01801, lands. Tel: (617) 933±9055, Fax: (617) 933±8744. Technotron, April 1996, Lima, Peru ...... William Warnes, VP International, CMCÐInternational Division, 200 N. Glebe Road, Suite 900, Arlington, VA 22203, Tel: (703) 527±8000, Fax: (703) 527±8006. Telexpo, April 14±22, 1996, Sao Paulo, Brazil .. James M. Forlenza, Vice President, Industrial Group, EJ Krause and Assoc., Inc., 7315 Wis- consin Ave., Suite 450 N, Bethesda, MD 20814, Tel: (301) 986±7800, Fax: (301) 986±4538. Interzoo, May 1996, Nuremberg, Germany ...... Kathy Donnelly, Managing Director, Concord Expo Group, P.O. Box 677, Concord, MA 01742± 2101, Tel: (508) 371±2203, Fax: (508) 371±7121. Expomin '96, May 14±18, 1996, Santiago, Chile Joseph Lema, Acting Vice President, Manufacturing, National Mining Association, 1130 17th Street, NW., Washington, DC 20036, Tel: (202) 463±2625, Fax: (202) 833±1965. Eurosatory '96, June 24±29, 1996, Paris, Joseph P. Hollis, Director, Industry Affairs, Association of the U.S. Army, 2425 Wilson Blvd., France. Suite 657, Arlington, VA 22201, Tel: (703) 841±4300, ext. 660, Fax: (703) 243±2589. Bogota Int'l Fair, July, 1996, Bogota, Colombia Joseph A. Finnin, Exec. Dir., Colombian-American Chamber, of Commerce, Calle 35 No. 6± 16, Bogota, Colombia, South America, Tel: (571) 288±1306, (571) 285±7800, Fax: (571) 288±6434. Dated: March 30, 1995. Mary Fran Kirchner, Chairman, Trade Events Board, International Trade Administration, Department of Commerce. [FR Doc. 95–8442 Filed 4–5–95; 8:45 am] BILLING CODE 3510±FP±P i Reader Aids Federal Register Vol. 60, No. 66 Thursday, April 6, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING APRIL Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 7 CFR 876...... 17208 97...... 17188 Proposed Rules: Code of Federal Regulations 201...... 16979 876...... 17611 Index, finding aids & general information 523±5227 457...... 16765 22 CFR Printing schedules 523±3419 925...... 16765 946...... 17433 514...... 16785 Laws 979...... 16767 Public Laws Update Service (numbers, dates, etc.) 523±6641 982...... 16768 24 CFR Additional information 523±5230 985...... 16770, 17434 215...... 17388 1126...... 17191 236...... 17388 Presidential Documents 1131...... 17192 3500...... 16985 Executive orders and proclamations 523±5230 Proposed Rules: 570...... 17445 Public Papers of the Presidents 523±5230 956...... 17274 813...... 17388 Weekly Compilation of Presidential Documents 523±5230 981...... 17466 905...... 17388 913...... 17388 The United States Government Manual 11 CFR 26 CFR General information 523±5230 100...... 17193 1...... 17216 Other Services 104...... 17193 113...... 17193 Proposed Rules: Data base and machine readable specifications 523±4534 1...... 17286 Guide to Record Retention Requirements 523±3187 12 CFR Legal staff 523±4534 208...... 17436 27 CFR Privacy Act Compilation 523±3187 226...... 16771 55...... 17446 Public Laws Update Service (PLUS) 523±6641 72...... 17446 TDD for the hearing impaired 523±5229 13 CFR 178...... 17446 107...... 17438 179...... 17446 ELECTRONIC BULLETIN BOARD Proposed Rules: 14 CFR 55...... 17494 Free Electronic Bulletin Board service for Public Law 25...... 17194 72...... 17494 numbers, Federal Register finding aids, and list of 39 ...... 16780, 16782, 17438, 178...... 17494 documents on public inspection. 202±275±0920 17440 179...... 17494 FAX-ON-DEMAND 71...... 17196, 17442 97...... 17198, 17199 28 CFR You may access our Fax-On-Demand service. You only need a fax machine and there is no charge for the service except for long Proposed Rules: 0...... 17456 39 ...... 16813, 16815, 16817, distance telephone charges the user may incur. The list of 29 CFR documents on public inspection and the daily Federal Register’s 17030, 17385, 17487, 17489 table of contents are available using this service. The document 71...... 17284 580...... 17221 numbers are 7050-Public Inspection list and 7051-Table of 16 CFR 30 CFR Contents list. The public inspection list will be updated immediately for documents filed on an emergency basis. Proposed Rules: 914...... 16985 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 248...... 17032 915...... 17458 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 409...... 17491 938...... 16788 public inspection may be viewed and copied in our office located 460...... 17492 Proposed Rules: 902...... 17495 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 17 CFR telephone number is: 301±713±6905 904...... 17498 200...... 17201 906...... 17501 Proposed Rules: 915...... 17504 FEDERAL REGISTER PAGES AND DATES, APRIL 239...... 17172 916...... 17504 270...... 17172 918...... 17498 16765±16978...... 3 274...... 17172 925...... 17504 16979±17190...... 4 926...... 17495 18 CFR 931...... 17501 17191±17432...... 5 284...... 16979 934...... 17495 17433±17624...... 6 936...... 17498 20 CFR 943...... 17498 404...... 17443 944...... 17501 950...... 17495 21 CFR 20...... 16962 32 CFR 101...... 17202 Proposed Rules: 310...... 17611 63...... 17507 ii Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Reader Aids 33 CFR 77...... 17100 46 CFR 178...... 17398 3...... 17222 78...... 17100 12...... 17134 180...... 17398 154...... 17134 81...... 16996 13...... 17134 552...... 17254 155...... 17134 136...... 17160 15...... 17134 554...... 17254 162...... 16793 260...... 17001 30...... 17134 573...... 17254 165...... 16793 300...... 17004 31...... 17134 576...... 17254 720...... 17005 Proposed Rules: 35...... 17134 577...... 17254 721...... 17005 Ch. I ...... 17287 78...... 17134 723...... 17005 1043...... 16808 165 ...... 16818, 16820, 16821 90...... 17134 1084...... 16808 300...... 16808 97...... 17134 Proposed Rules: 34 CFR Proposed Rules: 98...... 17134 Ch. I ...... 17288 105...... 17134 Ch. I ...... 17049 350...... 17424 51...... 17509 151...... 17134 190...... 17295 351...... 17424 52 ...... 16823, 16824, 16829, 153...... 17134 191...... 17295 352...... 17424 17034, 17288, 17289 154...... 17134 192...... 17295 353...... 17424 58...... 17509 193...... 17295 356...... 17424 Proposed Rules: 63...... 16829, 16920 Ch. I ...... 17287 194...... 17295 37 CFR 81...... 17034 67...... 17290 195...... 17295 86...... 17509 1...... 16920 47 CFR 196...... 17295 372...... 16830 197...... 17295 761...... 17510 39 CFR 73...... 17023, 17253 198...... 17295 43 CFR Proposed Rules: 199...... 17295 265...... 17224 1...... 17294 Proposed Rules: 12...... 17237 73...... 17048 232...... 17287 Proposed Rules: 50 CFR 48 CFR 426...... 16922 650...... 17272 40 CFR 427...... 16922 6101...... 17023 655...... 17464 9...... 17100 44 CFR Proposed Rules: 663...... 16811 52 ...... 16799, 16801, 16803, 6...... 17295 672...... 17465 16806, 16989, 16996, 17226, 64...... 17005 12...... 17184 675...... 17028 17229, 17232 65 ...... 17007, 17009, 17011, 16...... 17295 72...... 17100 17012 52...... 17184, 17295 Proposed Rules: 73...... 17100 67...... 17013, 17020 17...... 16836, 17296 74...... 17100 Proposed Rules: 49 CFR 641...... 17511 75...... 17100 67...... 17035, 17042 173...... 17398 675...... 17512