Pages 54331±54532 Vol. 61 10±18±96 No. 203 federal register October 18,1996 Friday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996

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2 III

Contents Federal Register Vol. 61, No. 203

Friday, October 18, 1996

Agency for Health Care Policy and Research Centers for Disease Control and Prevention NOTICES NOTICES Meetings: Back support belts; laboratory evaluation; NIOSH meeting, Health Care Policy, Research, and Evaluation National 54445 Advisory Council, 54444–54445 Meetings: Prevention of HIV Infection Advisory Committee, 54445 Agency for International Development See International Development Cooperation Agency Civil Rights Commission NOTICES Meetings; State advisory committees: Agency for Toxic Substances and Disease Registry New Mexico, 54417–54418 NOTICES South Dakota, 54417 Meetings: Meetings; Sunshine Act, 54418 Scientific Counselors Board, 54445 Commerce Department Agricultural Research Service See Export Administration Bureau NOTICES See National Oceanic and Atmospheric Administration Patent licenses; non-exclusive, exclusive, or partially exclusive: Committee for Purchase From People Who Are Blind or Sonic Industries, Inc., 54408 Severely Disabled NOTICES Agriculture Department Procurement list; additions and deletions, 54416–54417 See Agricultural Research Service Copyright Office, Library of Congress See Animal and Plant Health Inspection Service See Forest Service NOTICES NOTICES Broadcasting compulsory license noncommercial Agency information collection activities: educational; negotiation period, 54458–54461 Submission for OMB review; comment request, 54407– Defense Department 54408 See Army Department RULES Animal and Plant Health Inspection Service Acquisition regulations: NOTICES Pilot Mentor-Protege Program, 54346 Environmental statements; availability, etc.: Genetically engineered organisms; field test permits— Education Department Onion plants, etc., 54408–54409 NOTICES Meetings: Grantback arrangements; award of funds: Veterinary biologics, 54409 Maine; correction, 54424–54425

Army Department Employment Standards Administration NOTICES NOTICES Agency information collection activities: Minimum wages for Federal and federally-assisted Proposed collection; comment request, 54419–54420 construction; general wage determination decisions, Environmental statements; availability, etc.: 54457–54458 Base realignment and closure— Defense Personnel Support Center, Philadelphia, PA, Energy Department 54420–54421 See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Atomic energy agreements; subsequent arrangements, 54425 Johnston Island in Pacific and Tooele, UT; non-stockpile Environmental statements; availability, etc.: chemical warfare materiel containing chemical agent; Nevada Test Site and off-site locations, NV, 54425–54426 destruction, 54421–54424 Grants and cooperative agreements; availability, etc.: Meetings: Gas utilization/gas-to-liquids program, 54426–54427 Army Science Board, 54424 Environmental Protection Agency Assassination Records Review Board RULES NOTICES Air pollutants, hazardous; national emission standards: Formal determinations on records release, 54411–54416 Polymer and resin production facilities (Group IV) Correction, 54342–54343 Blind or Severely Disabled, Committee for Purchase From Superfund program: People Who Are National oil and hazardous substances contingency See Committee for Purchase From People Who Are Blind or plan— Severely Disabled National priorities list update, 54343–54344 IV Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Contents

PROPOSED RULES Federal Energy Regulatory Commission Air pollution; standards of performance for new stationary NOTICES sources: Electric rate and corporate regulation filings: Starch production plants and volatile organic compounds Carolina Power & Light Co. et al., 54433–54436 used in cold cleaning machine operations, 54377– Hydroelectric applications, 54436 54381 Applications, hearings, determinations, etc.: Superfund program: ANR Pipeline Co., 54427 Toxic chemical release reporting; community-right-to- Columbia Gas Transmission Corp., 54427–54428 know— Frontier Gas Storage Co., 54428 Copper metal, 54381–54383 Great Lakes Gas Transmission L.P., 54428 Toxic substances: Kentucky West Virginia Gas Co., L.L.C., 54428 Testing requirements— Koch Gateway Pipeline Co., 54428–54429 Pharmacokinetics studies, 54383–54384 Koch Gateway Pipeline Co.; correction, 54490 NOTICES Lomex Oil & Gas Co. et al., 54429 Confidential business information and data transfer, 54436– Maritime & Northeast Pipeline, L.L.C., 54429–54433 54437 NE HUB Partners, L.P., 54433 Environmental statements; availability, etc.: Northern Natural Gas Co., 54433 Agency statements— Rio Grande Pipeline Co., 54433 Comment availability, 54437–54438 Transwestern Pipeline Co.; correction, 54490 Weekly receipts, 54437 Williams Natural Gas Co.; correction, 54490 Meetings: Environmental Policy and Technology National Advisory Federal Housing Finance Board Council, 54438 NOTICES Food Safety Advisory Committee, 54438–54439 Meetings; Sunshine Act, 54440

Federal Maritime Commission Executive Office of the President NOTICES See Presidential Documents Freight forwarder licenses: See Trade Representative, Office of United States Salinas International Freight Co. et al., 54440

Federal Reserve System Export Administration Bureau NOTICES NOTICES Banks and bank holding companies: Export privileges, actions affecting: Change in bank control; correction, 54440 Rodco International, Inc., 54418–54419 Formations, acquisitions, and mergers, 54441 Nonbanking activities, 54441–54442 Federal Aviation Administration Permissible nonbanking activities, 54442 RULES Meetings; Sunshine Act, 54442–54443 Airworthiness directives: Short Brothers, 54331–54332 Federal Transit Administration PROPOSED RULES NOTICES Airworthiness directives: Transfer of federally assisted land or facility: Airtell International, Inc., 54364–54366 124 Industrial Park Drive, New Smyrna Beach, FL, 54487 Air Tractor, Inc., 54370–54372 Beech, 54359–54362 Fish and Wildlife Service British Aerospace, 54362–54363, 54366–54368 RULES Raytheon, 54368–54370, 54372–54373 Endangered and threatened species: NOTICES Stebbins’ morning-glory etc. (five plants from Central National Airspace System (NAS) Architecture Version 2.0 Sierran foothills, CA), 54346–54358 distribution; comment request, 54486 Passenger facility charges; applications, etc.: Food and Drug Administration Dane County Regional Airport, WI, 54486–54487 RULES Animal drugs, feeds, and related products: Phenylbutazone injection, 54332–54333 Federal Communications Commission Polysulfated glycosaminoglycan, 54333 RULES NOTICES Common carrier services: Animal drugs, feeds, and related products: Telecommunications Act of 1996; implementation— New drug applications— Pay telephone reclassification and compensation Formalin solution; availability, 54445–54446 provisions; correction, 54344–54346 Medical devices; premarket approval: PROPOSED RULES CareLink Corp., 54446–54447 Radio stations; table of assignments: Meetings: California, 54405–54406 Advisory committees, panels, etc., 54447–54448 Florida, 54404–54405 Mutual recognition agreements: Georgia, 54405 U.S.-European Union— NOTICES Human biologicals and human and animal drugs; good Agency information collection activities: manufacturing practices and quality controls; Proposed collection; comment request, 54439–54440 inspectional information exchange, 54448–54449 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Contents V

Foreign Assets Control Office Cecil County, MD, Board of Commissioners, 54455 RULES Diversified Metals Corp., 54456 Sanctions programs; blocked persons, specifically designated nationals, terrorists, and narcotics Justice Programs Office traffickers, and blocked vessels; list, 54334 RULES Grants for correctional facilities: Forest Service Indian Tribes program; violent offender incarceration and NOTICES truth-in-sentencing Environmental statements; availability, etc.: Correction, 54333–54334 Boise National Forest, ID; Prince John project, 54409– 54410 Labor Department Winema National Forest, OR, 54410–54411 See Employment Standards Administration NOTICES General Services Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 54456– Small business competitiveness demonstration program: 54457 Solicitation procedures change, 54443–54444 Senior Executive Service: Performance Review Board; membership, 54457 Health and Human Services Department See Agency for Health Care Policy and Research See Agency for Toxic Substances and Disease Registry Land Management Bureau See Centers for Disease Control and Prevention PROPOSED RULES See Food and Drug Administration Minerals management: See National Institutes of Health Leasing of solid minerals other than coal and oil shale, See Public Health Service 54384–54404 NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 54444 Front Range Resource Advisory Council, 54452 Senior Executive Service: Northwest Colorado Resource Advisory Council, 54452 Performance Review Board; membership, 54444 Protraction diagrams: Idaho, 54453 Housing and Urban Development Department Realty actions; sales, leases, etc.: RULES New Mexico, 54453–54454 Annual income definition; exclusions, 54492–54504 Survey plat filings: NOTICES California, 54454 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Library of Congress Excess and surplus Federal property, 54452 See Copyright Office, Library of Congress

Immigration and Naturalization Service National Institutes of Health NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 54456 National Eye Institute, 54449 National Institute of Child Health and Human Interior Department Development, 54449 See Fish and Wildlife Service National Institute of Environmental Health Sciences, See Land Management Bureau 54450 See National Park Service National Institute of Mental Health, 54449, 54450 See Surface Mining Reclamation and Enforcement Office National Institute of Neurological Disorders and Stroke, 54449–54450 International Development Cooperation Agency National Institute on Deafness and Other Communication NOTICES Disorders, 54450 Implementation of USAID programs in non-presence Research Grants Advisory Committee, 54450–54451 countries by non-governmental organizations et al.; Research Grants Division special emphasis panels, 54451 comment request, 54407

Judicial Conference of the United States National Oceanic and Atmospheric Administration NOTICES PROPOSED RULES Meetings: Mid-Atlantic Fishery Management Council; meeting, 54406 Judicial Conference Advisory Committee on Evidence NOTICES Procedure Rules, 54454–54455 Meetings: Mid-Atlantic Fishery Management Council, 54419 Justice Department Western Pacific Fishery Management Council, 54419 See Immigration and Naturalization Service See Justice Programs Office National Park Service NOTICES RULES Pollution control; consent judgments: National Park System: AGSCO, Inc. et al., 54455 Alaska visitor service authorizations, 54334–54342 VI Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Contents

Nuclear Regulatory Commission Small Business Administration NOTICES NOTICES Enforcement actions policy and procedure, 54461–54466 Disaster loan areas: Texas, 54484 Office of United States Trade Representative See Trade Representative, Office of United States Surface Mining Reclamation and Enforcement Office Presidential Documents PROPOSED RULES Permanent program and abandoned mine land reclamation ADMINISTRATIVE ORDERS Colombia; significant narcotics traffickers; continuation of plan submissions: emergency (Notice of October 16, 1996), 54531 Ohio, 54373–54377

Public Health Service Toxic Substances and Disease Registry Agency See Agency for Health Care Policy and Research See Agency for Toxic Substances and Disease Registry See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention Trade Representative, Office of United States See Food and Drug Administration NOTICES See National Institutes of Health Cambodia; designation as beneficiary developing country NOTICES under Generalized System of Preferences, 54484–54485 Organization, functions, and authority delegations: Unfair trade practices, petitions, etc.: National Institutes of Health, 54451–54452 Brazil; auto sector trade and investment ; investigations and comment request, 54485–54486 Railroad Retirement Board NOTICES Agency information collection activities: Transportation Department Submission for OMB review; comment request, 54466 See Federal Aviation Administration See Federal Transit Administration Research and Special Programs Administration See Research and Special Programs Administration NOTICES RULES Hazardous materials: Acquisition regulations: Exemption applications delayed; list, 54487–54489 Streamlining and restructuring Correction, 54490 Securities and Exchange Commission RULES Treasury Department Securities: See Foreign Assets Control Office Significant business acquisitions; disclosure requirements streamlining and quarterly reporting requirements establishment for unregistered equity sales, 54506– Separate Parts In This Issue 54509 Streamlining disclosure requirements relating to significant business acquisitions, 54509–54517 Part II PROPOSED RULES Department of Housing and Urban Development, 54492– Securities: 54504 Offshore press conferences, meetings with company representatives conducted offshore and press related Part III materials released offshore, 54518–54528 Securities and Exchange Commission, 54506–54528 NOTICES Meetings; Sunshine Act, 54472 Part IV Self-regulatory organizations; proposed rule changes: The President, 54531 Cincinnati Stock Exchange, 54472–54473 Depository Trust Co., 54473–54475 Government Securities Clearing Corp., 54475–54476 Reader Aids New York Stock Exchange, Inc., 54476–54478 Pacific Stock Exchange, Inc., 54479–54483 Additional information, including a list of public laws, Participants Trust Co., 54483–54484 telephone numbers, reminders, and finding aids, appears in Applications, hearings, determinations, etc.: the Reader Aids section at the end of this issue. Alliance Convertible Fund, 54466–54467 Alliance Counterpoint Fund, 54467–54468 Alliance Global Fund, 54468 Electronic Bulletin Board Alliance Multi-Market Income Trust, Inc., 54468–54469 Free Electronic Bulletin Board service for Public Law Photonic Fund, Inc., 54469 numbers, Federal Register finding aids, and a list of Vanguard Money Market Reserves, Inc., et al., 54470– documents on public inspection is available on 202–275– 54472 1538 or 275–0920. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 48 CFR Executive Orders: Ch. 2 ...... 54346 12978 (See Notice of 219...... 54346 October 16, 1996)...... 54531 1212...... 54490 Administrative Orders: 50 CFR Notice of October 16, 17...... 54346 1996 ...... 54531 Proposed Rules: 648...... 54406 14 CFR 39...... 54331 Proposed Rules: 39 (7 documents) ...... 54359, 54362, 54364, 54366, 54368, 54370, 54372 17 CFR 210...... 54509 228 (2 documents) ...... 54506, 54509 229...... 54506 239...... 54509 249 (2 documents) ...... 54506, 54509 Proposed Rules: 230...... 54518 240...... 54518 21 CFR 522 (2 documents) ...... 54332, 54333 24 CFR 5...... 54492 200...... 54492 236...... 54492 813...... 54492 913...... 54492 950...... 54492 960...... 54492 28 CFR 91...... 54333 30 CFR Proposed Rules: 935 (2 documents) ...... 54373, 54375 31 CFR Ch. V...... 54334 36 CFR 13...... 54334 40 CFR 63...... 54342 300...... 54343 Proposed Rules: 60...... 54377 372...... 54381 799...... 54383 43 CFR Proposed Rules: 3500...... 54384 3510...... 54384 3520...... 54384 3530...... 54384 3540...... 54384 3550...... 54384 3560...... 54384 3570...... 54384 47 CFR 64...... 54344 68...... 54344 Proposed Rules: 73 (3 documents) ...... 54404, 54405 54331

Rules and Regulations Federal Register Vol. 61, No. 203

Friday, October 18, 1996

This section of the FEDERAL REGISTER FAA, Transport Airplane Directorate, implications to warrant the preparation contains regulatory documents having general 1601 Lind Avenue, SW., Renton, of a Federalism Assessment. applicability and legal effect, most of which Washington 98055–4056; telephone For the reasons discussed above, I are keyed to and codified in the Code of (206) 227–2799; fax (206) 227–1149. certify that this action (1) is not a Federal Regulations, which is published under ‘‘significant regulatory action’’ under 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Executive Order 12866; (2) is not a The Code of Federal Regulations is sold by Aviation Regulations (14 CFR part 39) to ‘‘significant rule’’ under DOT the Superintendent of Documents. Prices of include an airworthiness directive (AD) Regulatory Policies and Procedures (44 new books are listed in the first FEDERAL that is applicable to all Short Brothers FR 11034, February 26, 1979); and (3) REGISTER issue of each week. Model SD3–60 SHERPA series airplanes will not have a significant economic was published in the Federal Register impact, positive or negative, on a on July 12, 1996 (61 FR 36667). That substantial number of small entities DEPARTMENT OF TRANSPORTATION action proposed to require revising the under the criteria of the Regulatory Flexibility Act. A final evaluation has Federal Aviation Administration airplane flight manual (AFM) to provide the flight crew with recognition cues been prepared for this action and it is 14 CFR Part 39 for, and procedures for exiting from, contained in the Rules Docket. A copy severe icing conditions, and to limit or of it may be obtained from the Rules [Docket No. 96±NM±122±AD; Amendment prohibit the use of various flight control Docket at the location provided under 39±9787; AD 96±21±10] devices. the caption ADDRESSES. RIN 2120±AA64 Interested persons have been afforded List of Subjects in 14 CFR Part 39 an opportunity to participate in the Airworthiness Directives; Short making of this amendment. No Air transportation, Aircraft, Aviation Brothers Model SD3±60 SHERPA comments were submitted in response safety, Safety. Series Airplanes to the proposal or the FAA’s Adoption of the Amendment determination of the cost to the public. AGENCY: Federal Aviation Accordingly, pursuant to the Administration, DOT. Conclusion authority delegated to me by the ACTION: Final rule. The FAA has determined that air Administrator, the Federal Aviation Administration amends part 39 of the SUMMARY: This amendment adopts a safety and the public interest require the adoption of the rule as proposed. Federal Aviation Regulations (14 CFR new airworthiness directive (AD), part 39) as follows: applicable to all Short Brothers Model Cost Impact SD3–60 SHERPA series airplanes, that PART 39ÐAIRWORTHINESS The FAA estimates that 20 Short requires revising the Airplane Flight DIRECTIVES Manual (AFM) to provide the flight Brothers Model SD3–60 SHERPA series crew with recognition cues for, and airplanes of U.S. registry will be affected 1. The authority citation for part 39 procedures for exiting from, severe icing by this AD, that it will take continues to read as follows: conditions, and to limit or prohibit the approximately 1 work hour per airplane Authority: 49 U.S.C. 106(g), 40113, 44701. use of various flight control devices. to accomplish the required AFM This amendment is prompted by results revision, and that the average labor rate § 39.13 [Amended] of a review of the requirements for is $60 per work hour. Based on these 2. Section 39.13 is amended by certification of the airplane in icing figures, the cost impact of the AD on adding the following new airworthiness conditions, new information on the U.S. operators is estimated to be $1,200, directive: or $60 per airplane. icing environment, and icing data 96–21–10 Short Brothers, PLC: Amendment provided currently to the flight crews. The cost impact figure discussed 39–9787. Docket 96–NM–122–AD. above is based on assumptions that no The actions specified by this AD are Applicability: All Model SD3–60 SHERPA intended to minimize the potential operator has yet accomplished any of series airplanes, certificated in any category. the requirements of this AD action, and hazards associated with operating the Note 1: This AD applies to each airplane airplane in severe icing conditions by that no operator would accomplish identified in the preceding applicability providing more clearly defined those actions in the future if this AD provision, regardless of whether it has been procedures and limitations associated were not adopted. modified, altered, or repaired in the area with such conditions. Regulatory Impact subject to the requirements of this AD. For airplanes that have been modified, altered, or EFFECTIVE DATE: November 22, 1996. The regulations adopted herein will repaired so that the performance of the ADDRESSES: Information pertaining to not have substantial direct effects on the requirements of this AD is affected, the this rulemaking action may be examined States, on the relationship between the owner/operator must request approval for an at the Federal Aviation Administration national government and the States, or alternative method of compliance in (FAA), Transport Airplane Directorate, on the distribution of power and accordance with paragraph (b) of this AD. The request should include an assessment of Rules Docket, 1601 Lind Avenue, SW., responsibilities among the various Renton, Washington. the effect of the modification, alteration, or levels of government. Therefore, in repair on the unsafe condition addressed by FOR FURTHER INFORMATION CONTACT: Greg accordance with Executive Order 12612, this AD; and, if the unsafe condition has not Dunn, Aerospace Engineer, it is determined that this final rule does been eliminated, the request should include Standardization Branch, ANM–113, not have sufficient federalism specific proposed actions to address it. 54332 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

Compliance: Required as indicated, unless PROCEDURES FOR EXITING THE SEVERE DEPARTMENT OF HEALTH AND accomplished previously. ICING ENVIRONMENT HUMAN SERVICES To minimize the potential hazards These procedures are applicable to all associated with operating the airplane in flight phases from takeoff to landing. Monitor Food and Drug Administration severe icing conditions by providing more the ambient air temperature. While severe clearly defined procedures and limitations 21 CFR Part 522 associated with such conditions, accomplish icing may form at temperatures as cold as ¥18 degrees Celsius, increased vigilance is the following: Implantation or Injectable Dosage (a) Within 30 days after the effective date warranted at temperatures around freezing of this AD, accomplish the requirements of with visible moisture present. If the visual Form New Animal Drugs; paragraphs (a)(1) and (a)(2) of this AD. cues specified in the Limitations Section of Phenylbutazone Injection Note 2: Operators must initiate action to the AFM for identifying severe icing notify and ensure that flight crewmembers conditions are observed, accomplish the AGENCY: Food and Drug Administration, are apprised of this change. following: HHS. • Immediately request priority handling (1) Revise the FAA-approved Airplane ACTION: Final rule. Flight Manual (AFM) by incorporating the from Air Traffic Control to facilitate a route following into the Limitations Section of the or an altitude change to exit the severe icing SUMMARY: The Food and Drug AFM. This may be accomplished by inserting conditions in order to avoid extended Administration (FDA) is amending the a copy of this AD in the AFM. exposure to flight conditions more severe animal drug regulations to reflect than those for which the airplane has been approval of a supplemental abbreviated ‘‘WARNING certificated. new animal drug application (ANADA) Severe icing may result from • Avoid abrupt and excessive environmental conditions outside of those for maneuvering that may exacerbate control filed by Phoenix Scientific, Inc. The which the airplane is certificated. Flight in difficulties. supplemental ANADA provides for use freezing rain, freezing drizzle, or mixed icing • Do not engage the autopilot. of phenylbutazone injection in dogs for conditions (supercooled liquid water and ice • If the autopilot is engaged, hold the relief of inflammatory conditions crystals) may result in ice build-up on control wheel firmly and disengage the associated with the musculoskeletal protected surfaces exceeding the capability of autopilot. system. the ice protection system, or may result in ice • If an unusual roll response or EFFECTIVE DATE: October 18, 1996. forming aft of the protected surfaces. This ice uncommanded roll control movement is may not be shed using the ice protection observed, reduce the angle-of-attack. FOR FURTHER INFORMATION CONTACT: systems, and may seriously degrade the • Do not extend flaps during extended Sandra K. Woods, Center For Veterinary performance and controllability of the operation in icing conditions. Operation with Medicine (HFV–114), Food and Drug airplane. flaps extended can result in a reduced wing Administration, 7500 Standish Pl., • During flight, severe icing conditions angle-of- attack, with the possibility of ice that exceed those for which the airplane is Rockville, MD 20855, 301–594–1617. certificated shall be determined by the forming on the upper surface further aft on SUPPLEMENTARY INFORMATION: Phoenix following visual cues. If one or more of these the wing than normal, possibly aft of the Scientific, Inc., 3915 South 48th St. protected area. visual cues exists, immediately request Terrace, P.O. Box 6457, St. Joseph, MO • If the flaps are extended, do not retract priority handling from Air Traffic Control to 64506–0457, filed a supplement to facilitate a route or an altitude change to exit them until the airframe is clear of ice. • ANADA 200–126 which provides for the icing conditions. Report these weather conditions to Air Traffic Control.’’ intravenous use of phenylbutazone — Unusually extensive ice accreted on the injection in dogs for relief of airframe in areas not normally observed to (b) An alternative method of compliance or collect ice. adjustment of the compliance time that inflammatory conditions associated — Accumulation of ice on the lower surface provides an acceptable level of safety may be with the musculoskeletal system. The of the wing aft of the protected area. used if approved by the Manager, ANADA is currently approved for use of — Accumulation of ice on the propeller Standardization Branch, ANM–113, FAA, the drug in horses. The drug is limited spinner farther aft than normally observed. Transport Airplane Directorate. Operators to use by or on the order of a licensed • Since the autopilot may mask tactile shall submit their requests through an veterinarian. appropriate FAA Principal Maintenance cues that indicate adverse changes in Approval of supplemental ANADA Inspector, who may add comments and then handling characteristics, use of the autopilot 200–126 for Phoenix’s phenylbutazone is prohibited when any of the visual cues send it to the Manager, Standardization Branch, ANM–113. injection 20 percent is as a generic copy specified above exist, or when unusual  lateral trim requirements or autopilot trim Note 3: Information concerning the of Cooper’s NADA 11–575 Butazolidin warnings are encountered while the airplane existence of approved alternative methods of Injectable 20 percent (phenylbutazone). is in icing conditions. compliance with this AD, if any, may be Supplemental ANADA 200–126 is • All icing detection lights must be obtained from the Standardization Branch, approved as of September 6, 1996, and operative prior to flight into icing conditions ANM–113. the regulations are amended by revising at night. [NOTE: This supersedes any relief (c) Special flight permits may be issued in § 522.1720(b) (21 CFR 522.1720(b)), to provided by the Master Minimum Equipment accordance with sections 21.197 and 21.199 reflect the approval. The basis of List (MMEL).]’’ of the Federal Aviation Regulations (14 CFR approval is discussed in the freedom of (2) Revise the FAA-approved AFM by 21.197 and 21.199) to operate the airplane to information summary. incorporating the following into the a location where the requirements of this AD Procedures Section of the AFM. This may be In accordance with the freedom of can be accomplished. accomplished by inserting a copy of this AD information provisions of part 20 (21 in the AFM. (d) This amendment becomes effective on CFR part 20) and § 514.11(e)(2)(ii) (21 November 22, 1996. CFR 514.11(e)(2)(ii)), a summary of ‘‘THE FOLLOWING WEATHER Issued in Renton, Washington, on October safety and effectiveness data and CONDITIONS MAY BE CONDUCIVE TO 10, 1996. SEVERE IN-FLIGHT ICING information submitted to support S.R. Miller, approval of this application may be seen • Visible rain at temperatures below 0 Acting Manager, Transport Airplane degrees Celsius ambient air temperature. in the Dockets Management Branch Directorate, Aircraft Certification Service. • Droplets that splash or splatter on impact (HFA–305), Food and Drug at temperatures below 0 degrees Celsius [FR Doc. 96–26720 Filed 10–17–96; 8:45 am] Administration, 12420 Parklawn Dr., ambient air temperature. BILLING CODE 4910±13±P rm. 1–23, Rockville, MD 20857, between Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54333

9 a.m. and 4 p.m., Monday through intramuscular (i.m.) use of polysulfated the Center for Veterinary Medicine, 21 Friday. glycosaminoglycan in horses for the CFR part 522 is amended as follows: The agency has determined under 21 treatment of noninfectious degenerative CFR 25.24(d)(1)(i) that this action is of and/or traumatic joint dysfunction and PART 522ÐIMPLANTATION OR a type that does not individually or associated lameness of the hock joint. INJECTABLE DOSAGE FORM NEW cumulatively have a significant effect on EFFECTIVE DATE: October 18, 1996. ANIMAL DRUGS the human environment. Therefore, FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 21 CFR neither an environmental assessment Sandra K. Woods, Center for Veterinary part 522 continues to read as follows: nor an environmental impact statement Medicine (HFV–114), Food and Drug is required. Authority: Sec. 512 of the Federal Food, Administration, 7500 Standish Pl., Drug, and Cosmetic Act (21 U.S.C. 360b). List of Subjects in 21 CFR Part 522 Rockville, MD 20855, 301–594–1617. 2. Section 522.1850 is amended by SUPPLEMENTARY INFORMATION: Luitpold Animal drugs. revising paragraph (c)(1) and the first Pharmaceuticals, Inc., Animal Health Therefore, under the Federal Food, sentence of paragraphs (c)(2)(i) and Division, Shirley, NY 11967, is the Drug, and Cosmetic Act and under (c)(2)(ii) to read as follows: authority delegated to the Commissioner sponsor of NADA 140–901, which of Food and Drugs and redelegated to provides for use of Adequan i.m. (500 § 522.1850 Polysulfated the Center for Veterinary Medicine, 21 milligrams of polysulfated glycosaminoglycan. CFR part 522 is amended as follows: glycosaminoglycan per 5 milliliters of * * * * * sterile aqueous solution). The NADA (c) Conditions of use—horses. (1) PART 522ÐIMPLANTATION OR provides for the intra-articular and Indications for use. Polysulfated INJECTABLE DOSAGE FORM NEW intramuscular use of polysulfated glycosaminoglycan is for the treatment ANIMAL DRUGS glycosaminoglycan in horses for the of noninfectious degenerative and/or treatment of noninfectious degenerative 1. The authority citation for 21 CFR traumatic joint dysfunction and and/or traumatic joint dysfunction and part 522 continues to read as follows: associated lameness of the carpal and associated lameness of the carpal joint. hock joints in horses. Authority: Sec. 512 of the Federal Food, The firm has filed a supplement to the (2) Amount—(i) Intra-articular use Drug, and Cosmetic Act (21 U.S.C. 360b). NADA that provides for intramuscular (carpal): 250 milligrams once a week for 2. Section 522.1720 is amended by use of the drug product in horses for 5 weeks. revising paragraphs (b)(1) and (b)(2) to treatment of the same conditions of the * * * * * read as follows: hock joint. The supplemental NADA is (ii) Intramuscular use (carpal and approved as of September 13, 1996, and § 522.1720 Phenylbutazone injection. hock): 500 milligrams every 4 days for the regulations are amended in 21 CFR 28 days. * * * * * * * * 522.1850 to reflect the approval. The (b) Sponsors. (1) Approval for use of basis for approval is discussed in the * * * * * the 200 milligrams per milliliter drug in freedom of information summary. Dated: October 4, 1996. dogs and horses: See sponsor Nos. In accordance with the freedom of Stephen F. Sundlof, 000031, 011716, 015579, and 059130 in information provisions of part 20 (21 Director, Center for Veterinary Medicine. § 510.600(c) of this chapter. CFR part 20) and § 514.11(e)(2)(ii) (21 (2) Approval for use of the 200 [FR Doc. 96–26686 Filed 10–17–96; 8:45 am] CFR 514.11(e)(2)(ii)), a summary of BILLING CODE 4160±01±F milligrams per milliliter drug for use in safety and effectiveness data and horses: See sponsor Nos. 000010, information submitted to support 000402, and 000864 in § 510.600(c) of approval of this application may be seen DEPARTMENT OF JUSTICE this chapter. in the Dockets Management Branch * * * * * (HFA–305), Food and Drug Office of Justice Programs Dated: October 4, 1996. Administration, 12420 Parklawn Dr., Stephen F. Sundlof, rm. 1–23, Rockville, MD 20857, between 28 CFR Part 91 9 a.m. and 4 p.m., Monday through Director, Center for Veterinary Medicine. Friday. [OJP No. 1099] [FR Doc. 96–26685 Filed 10–17–96; 8:45 am] The agency has carefully considered RIN 1121±AA41 BILLING CODE 4160±01±F the potential environmental effects of this action. FDA has concluded that the Grants program for Indian Tribes; action will not have a significant impact 21 CFR Part 522 Correction on the human environment, and that an environmental impact statement is not AGENCY: Office of Justice Programs, Implantation or Injectable Dosage Justice. Form New Animal Drugs; Polysulfated required. The agency’s finding of no Glycosaminoglycan significant impact and the evidence ACTION: Correction to interim rule. supporting that finding, contained in an SUMMARY: This document provides the AGENCY: Food and Drug Administration, environmental assessment, may be seen HHS. in the Dockets Management Branch correct contact telephone number for Dr. Stephen Amos. The number provided ACTION: Final rule. (address above) between 9 a.m. and 4 p.m., Monday through Friday. for further information in the interim SUMMARY: The Food and Drug final rule, 28 CFR Part 91, published in Administration (FDA) is amending the List of Subjects in 21 CFR Part 522 the Federal Register on Wednesday, animal drug regulations to reflect Animal drugs. September 24, 1996 (61 FR 49969) was approval of a supplemental new animal Therefore, under the Federal Food, incorrect. drug application (NADA) filed by Drug, and Cosmetic Act and under FOR FURTHER INFORMATION CONTACT: Dr. Luitpold Pharmaceuticals, Inc. The authority delegated to the Commissioner Stephen Amos, the Corrections Program supplemental NADA provides for of Food and Drugs and redelegated to Office at 1–800–848–6325. 54334 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

Dated: October 9, 1996. from the Office’s Internet Home Page: 12810, 57 FR 24347, 3 CFR, 1992 Laurie Robinson, http://www.ustreas.gov/treasury/ Comp., p. 307; E.O. 12831, 58 FR 5253, Assistant Attorney General, Office of Justice services/fac/fac.html, or in fax form 3 CFR, 1993 Comp., p. 576; E.O. 12846, Programs. through the Office’s 24–hour fax–on– 58 FR 25771, 3 CFR, 1993 Comp., p. [FR Doc. 96–26532 Filed 10–17–96; 8:45 am] demand service: call 202/622–0077 599; and E.O. 12934, 59 FR 54117, 3 BILLING CODE 4410±18±P using a fax machine, fax modem, or CFR, 1994 Comp., p. 930, appendix C to touch tone telephone. 31 CFR chapter V is amended as set forth below: Background DEPARTMENT OF THE TREASURY Appendix C to chapter V of 31 CFR Appendix C to 31 CFR chapter V is amended by removing the entry for Office of Foreign Assets Control contains the names of vessels blocked the vessel ‘‘RAMA’’. pursuant to the various economic Dated: September 18, 1996. sanctions programs administered by the 31 CFR Chapter V R. Richard Newcomb, Office of Foreign Assets Control Blocked Persons, Specially Designated (‘‘OFAC’’) (61 FR 32936, June 26, 1996). Director, Office of Foreign Assets Control. Nationals, Specially Designated The M/V RAMA (formerly known as the Approved: September 24, 1996. Terrorists, Specially Designated ‘‘KUPRES’’) was designated as a vessel James E. Johnson, Narcotics Traffickers, and Blocked that was the property of undertakings or Assistant Secretary (Enforcement). Vessels; Removal of Entry entities organized or located in the [FR Doc. 96–26810 Filed 10–17–96; 8:45 am] Federal Republic of Yugoslavia (Serbia BILLING CODE 4810±25±F AGENCY: Office of Foreign Assets & Montenegro) (the ‘‘FRY (S&M)’’), or of Control, Treasury. entities owned or controlled by such ACTION: Amendment of final rule. undertakings or entities. As such, all DEPARTMENT OF THE INTERIOR SUMMARY: The Office of Foreign Assets transactions by U.S. persons with National Park Service Control is removing from appendix C to respect to the M/V RAMA were blocked pursuant to § 585.201(b) of the Federal 31 CFR chapter V an entry for a vessel 36 CFR Part 13 no longer deemed to be blocked under Republic of Yugoslavia (Serbia & economic sanctions imposed against the Montenegro) and the Bosnian Serb– RIN 1024±AC19 Federal Republic of Yugoslavia (Serbia Controlled Areas of the Republic of National Park System Units in Alaska & Montenegro). Bosnia and Herzegovina Sanctions Regulations, 31 CFR part 585 (the EFFECTIVE DATE AGENCY: National Park Service, Interior. : October 18, 1996. ‘‘Regulations’’). Sanctions against the FOR FURTHER INFORMATION CONTACT: FRY (S&M) were suspended on January ACTION: Final rule. Office of Foreign Assets Control, 16, 1996, and all transactions by U.S. SUMMARY: Department of the Treasury, These regulations will persons with respect to the M/V RAMA implement section 1307 of the Alaska Washington, DC 20220, tel.: 202/622– and other FRY (S&M) vessels outside 2520. National Interest Lands Conservation U.S. jurisdiction on this date were Act of 1980 (ANILCA). This action is SUPPLEMENTARY INFORMATION: authorized. This rule is being issued to necessary to establish procedures for Electronic Availability remove the entry ‘‘RAMA’’ from administering the statutory rights and appendix C, because OFAC has preferences established by section 1307 This document is available as an determined that this vessel was sold in electronic file on The Federal Bulletin for certain persons to conduct revenue- a judicial sale in Panama and is no producing visitor services in certain Board the day of publication in the longer the property of undertakings or Federal Register. By modem, dial 202/ units of the National Park System entities organized or located in the FRY located in the State of Alaska. 512–1387 and type ‘‘GO FAC,’’ or call (S&M), or of entities owned or 202/512–1530 for disk or paper copies. Particularly, this rulemaking provides controlled by such undertakings or guidance in the solicitation, award and This file is available for downloading entities. Accordingly, transactions with without charge in WordPerfect 5.1, renewal of Alaska visitor service regard to this vessel are not subject to authorizations in park areas. ASCII, and Adobe AcrobatTM readable the suspended prohibitions in EFFECTIVE DATE: This rule is effective (*.PDF) formats. For Internet access, the § 585.201(b) of the Regulations. address for use with the World Wide Since the Regulations and this November 18, 1996, except §§ 13.82– Web (Home Page), Telnet, or FTP amendment to appendix C to 31 CFR 13.85 will become effective upon OMB protocol is: fedbbs.access.gpo.gov. The chapter V involve a foreign affairs approval of the Information Collection document is also accessible for function, the provisions of Executive requirements. A document will be downloading in ASCII format without Order 12866 and the Administrative published in the Federal Register charge from Treasury’s Electronic Procedure Act (5 U.S.C. 553), requiring establishing an effective date for Library (‘‘TEL’’) in the ‘‘Business, Trade notice of proposed rulemaking, §§ 13.82–13.85. and Labor Mall’’ of the FedWorld opportunity for public participation, FOR FURTHER INFORMATION CONTACT: bulletin board. By modem, dial 703/ and delay in effective date, are Rebecca L. Rhea, Concessions 321–3339, and select the appropriate inapplicable. Because no notice of Management Analyst, Alaska System self–expanding file in TEL. For Internet proposed rulemaking is required for this Support Office, National Park Service, access, use one of the following rule, the Regulatory Flexibility Act (5 2525 Gambell Street, Room 107, protocols: Telnet = fedworld.gov U.S.C. 601–612) does not apply. Anchorage, Alaska 99503–2892. Phone: (192.239.93.3); World Wide Web (Home For the reasons set forth in the 907–257–2529. Page) = http://www.fedworld.gov; FTP preamble, and under the authority of 3 SUPPLEMENTARY INFORMATION: = ftp.fedworld.gov (192.239.92.205). U.S.C. 301; 22 U.S.C. 287c; 49 U.S.C. Additional information concerning the App. 1514; 50 U.S.C. 1601–1651; 50 Background programs of the Office of Foreign Assets U.S.C. 1701–1706; E.O. 12808, 57 FR ANILCA (16 U.S.C. 3101 et seq.) was Control is available for downloading 23299, 3 CFR, 1992 Comp., p. 305; E.O. signed into law on December 2, 1980. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54335

Section 1307 of ANILCA (16 U.S.C. clarify and implement the preferences Summary of Public Comments 3197) contains two provisions contained in section 1307 of ANILCA. The proposed rule, which was concerning persons and entities who are The National Park Service (NPS) was published in the Federal Register on to be given special rights and created by Congress in 1916 to manage April 25, 1995 (60 FR 20374), afforded preferences with respect to providing the growing number of park areas. The the public an initial comment period of ‘‘visitor services’’ in certain lands under purpose of the NPS as stated in the NPS 60 days from April 25 to June 26, 1995. the administration of the Secretary of Organic Act of August 25, 1916, is ‘‘to In response to numerous requests, the the Interior as part of the National Park conserve the scenery and the natural comment period was reopened an System. The term ‘‘visitor service’’ is and historic objects and the wildlife additional 60 days from July 13 to defined in section 1307 as ‘‘any service therein, and to provide for the September 11, 1995. The U.S. Fish and made available for a fee or charge to enjoyment of the same in such a manner Wildlife Service (FWS) simultaneously persons who visit a conservation system and by such means as will leave them published similar proposed rules unit, including such services as unimpaired for the enjoyment of future implementing section 1307. Joint public providing food, accommodations, generations’’ (16 U.S.C. 1). Additionally, meetings were held in Anchorage and transportation, tours and guides, Congress has declared that the National Fairbanks by the NPS and the FWS. The excepting the guiding of sport hunting Park System should be, ‘‘preserved and NPS also held meetings in Gustavus, and fishing.’’ Subsection (a) of section managed for the benefit and inspiration Juneau and Yakutat. All written and all 1307 states as follows: of all the people of the United States’’ oral comments received were shared (16 U.S.C. 1a–1). The NPS seeks both to between the NPS and the FWS. The NPS Notwithstanding any other provision of preserve and to provide for the public law, the Secretary [of the Interior], under received 46 written comments. The such terms and conditions as he determines enjoyment of significant aspects of the FWS received 28 comments, 20 which are reasonable, shall permit any persons who, Nation’s natural and cultural heritage. duplicated comments sent to the NPS. To provide park visitors necessary on or before January 1, 1979, were engaged Of the 46 written comments received by and appropriate facilities and services to in adequately providing any type of visitor the NPS, 4 were from individuals, 14 service [as defined in subsection (c)] within enjoy park areas, Congress established a were from Native corporations or Native any area established as or added to a concessions program in the NPS villages, 19 were from concessioners or conservation system unit to continue through the Concessions Policy Act of permittees, 4 were from special interest providing such type of service and similar 1965 (16 U.S.C. 20). Regulations groups, 1 was from State Government, 2 types of visitor services within such area if implementing the Concessions Policy such service or services are consistent with were from the Federal Government and Act are found in 36 CFR Part 51. the purposes for which such unit is 2 were from other businesses. After established or expanded (16 U.S.C. 3197). The Concessions Policy Act authorizes the Secretary of the Interior considering all public comments, the Subsection (b) of section 1307 states or designee to enter into concessions NPS has decided to revise the proposed as follows: contracts or issue permits to qualified rule and to proceed with the final rule. The following analysis applies only to Notwithstanding provisions of law other concessioners. The NPS may provide than those contained in subsection (a), in ‘‘necessary and appropriate’’ visitor those comments that related to the NPS selecting persons to provide (and in the facilities and services for the public proposed rule and are discussed on a contracting of) any type of visitor service for through these contracts and permits. section-by-section basis. any conservation system unit, except sport These services include a wide variety of Analysis of Public Comments fishing and hunting guiding activities, the commercial visitor services from Secretary— General Comments (1) shall give preference to the Native backcountry guiding to hotel operations. Corporation which the Secretary determines All are provided by private There were a number of general is most directly affected by the establishment corporations, partnerships, individuals comments. Some comments questioned or expansion of such unit by or under the or other entities under contract with the the relationship between Native provisions of this Act; NPS. Their purpose is to provide park corporations and the Indian Self- (2) shall give preference to persons whom visitors with the services and Determination Act. The Indian Self- he determines, by rule, are local residents accommodations that are necessary and Determination Act does not apply to the * * * (16 U.S.C. 3197). appropriate for the enjoyment of provision of visitor services on Federal Subsection (b) also provides to Cook America’s national parks. The NPS lands. One commenter suggested that Inlet Region, Incorporated (CIRI), in determines what is necessary and Glacier Bay vessels should be excluded cooperation with village corporations appropriate through its planning from section 1307. However, the law within the Cook Inlet Region when process. Visitor needs vary with the only excludes sport fishing and hunting. appropriate, the right of first refusal to purposes of the various park areas and There were comments about the provide new visitor services within that the circumstances at the time of relationship between section 1307 and portion of Lake Clark National Park and contracting. As applicable, the the Concessions Policy Act and the Preserve that is located within the Cook Concessions Policy Act grants a impact of section 1307 on existing Inlet Region. preference in renewal of concession satisfactory concessioners. These In general, in passing section 1307 of authorizations to those concessioners relationships are described in the final ANILCA, Congress recognized that the who have performed contractual regulations. A number of commenters creation and expansion of Conservation obligations to the satisfaction of the objected to the rule being applied System Units (CSUs) in Alaska would Secretary. In addition, the NPS retroactively to January 1, 1979, with have an impact on historical operators, authorizes certain categories of visitor criteria that were previously unknown Native Corporations and local residents. services through incidental business to operators. However, the NPS cannot Therefore, historical operators, Native permits. Holders of the permits do not alter the effective date of section 1307 Corporations and local residents were obtain any preference in renewal. These and believes that the provisions of these provided with preferences to benefit regulations describe the relationship regulations, to the extent they may be from the opportunity to provide between section 1307 provisions and considered retroactive, are required by desirable visitor services in the CSUs. It NPS concession permits, contracts and ANILCA and, in any event, otherwise is the intent of these regulations to incidental business permits. are fair in light of NPS administration of 54336 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations section 1307 since its enactment. This definition of ‘‘similar visitor services’’ individual must have lived within the issue is discussed further below in has been deleted since the term is local area a minimum of 12 consecutive connection with transfers in controlling explained in the body of the regulations. months. This prohibits an individual interests of historical operators. The term ‘‘persons’’, as used in these from moving into a local area and The NPS considers that the regulations, is defined in 36 CFR 1.4. immediately qualifying as a local preferences established in section 1307 Some comments were objections that resident. take precedence over the preferential it would be unfair to apply several of Some commenters objected to the right of renewal granted NPS the definitions without basis in law. In definition of local corporation that concessioners by 16 U.S.C. 20 et seq. response to the comments, some required both the corporate With respect to revenue producing definitions were changed. One headquarters to be located in the local visitor services, section 1307 takes commenter stated that the definition of area and a majority of shareholders to precedence over all other laws, controlling interest should be ‘‘actual qualify individually as local residents. including those for awarding or exercise’’ of management authority. The The definition of local corporation was renewing concessions contracts or definition was not changed as the NPS changed to a corporation in which the annual funding agreements under the believes it properly implements the controlling interest is owned by Tribal Self-Governance Act. Several intentions of section 1307 with respect individual local residents. In addition, commenters expressed concerns that to the complex issue of degrees of the definition has been clarified to state, giving preferences does not always involvement in a business sufficient to with respect to non-profit corporations, allow the selection of the best qualified warrant recognition of the rights that in order to be considered local, a provider and that entities without a provided by section 1307. majority of its board members and preference may be discouraged from In response to comments, the officers must qualify as local residents. submitting proposals to provide visitor continuity of service criteria was This definition maintains the statutory services. The NPS, in drafting these dropped in the definition of historical intent of providing a preference to regulations, has taken into account the operator. Continuity of service persons who have a strong presence in objectives of quality service and requirements are discussed in the main the local community. competition, as well as the legal rights body of the regulations. In addition, a The definition of preferred operator provided by section 1307. phrase has been added to the definition was reworded to more closely track In addition to the specific changes of historical operator to explain that a statutory language. For clarification, the discussed section-by-section, the NPS statute besides ANILCA may declare a definition of responsive offer was added has made a number of editorial changes person to be a historical operator (as is using the definition at 36 CFR 51.5(c). to the text of the proposed regulations the case with respect to one Glacier Bay The definition of similar services was for the purposes of clarity and National Park cruise ship concessioner). deleted as being unnecessary, as the consistency. Finally, the definition has been term is defined in the body of the modified to explain that historical regulations. A new definition, visitor Section 13.80 Applicability and Scope operators are to conduct their activities services authorization, has been added A new sentence has been added to pursuant to a valid visitor services for clarity to encompass in one term all § 13.80(b) to clarify that, although authorization. types of instruments the NPS may use section 1307 gives preferences in the A number of commenters objected to to authorize visitor services. issuance of visitor services the definition of local area and thought authorizations, it does not require that that the size of a community should Section 13.82 Historical Operators such authorizations be issued except as have no bearing on the definition of These provisions implement otherwise mandated by statute. For local. Some comments opposed the 35- subsection (a) of section 1307 and example, even after the selection of a mile straight-line boundary since it permit persons who were adequately visitor service authorization has been would exclude some communities that providing visitor services in applicable made, the NPS may determine that the have historic ties to certain park areas. areas in Alaska prior to January 1, 1979, authorization is inappropriate for Due to the size of the park areas, the to continue to do so under reasonable resource protection or other reasons, in NPS also recognized that under the terms and conditions. Such persons are which case it may choose not to execute proposed definition, a local resident referred to as ‘‘historical operators.’’ The the authorization. Likewise, the NPS could be far removed from the paragraphs in this section were retains the authority to terminate geographic area of the area of a park rearranged for clarity. executed authorizations under their where a service is to be provided. Section 13.82 explains that the terms. In this same connection, a Consequently, the definition of local existence of a right to continue to sentence has been added that clarifies area has been changed to an area within provide visitor services under that nothing in this subpart requires the 100 miles of the location within the subsection 1307(a) is not an unlimited NPS to issue a visitor services park area where the service is right. The right is subordinate to the authorization to a person who is not authorized to be provided, and the management of the park area and does capable of carrying out the terms and community population limit was not grant a monopoly to provide all conditions of the authorization in a dropped. Depending upon the service, visitor services in a given area to the satisfactory manner. Finally, a new the local area may include the entire exclusion of other individuals or paragraph (c) has been added to state park area or a portion of the park area. entities. A historical operator, however, that, as set forth in section 1307, these The 100-mile radius is consistent with may be authorized to provide services regulations do not apply to the guiding Tier 2 of the recommendations of the similar to those provided before January of sport hunting or fishing. Alaska Land Use Council for defining 1, 1979, if acceptable to the NPS as local resident. consistent with the purposes of the park Section 13.81 Definitions The definitions under local resident and provided that the similar services Section 13.81 provides a number of were rewritten for clarity. In response to are not in excess of those provided by definitions for terms used in the a comment asking for time restrictions the concessioner as of January 1, 1979. regulations. A definition of ‘‘best offer’’ to qualify an individual as a local In addition, the rights of a historical has been included for clarity. The resident, a criterion was added that an operator are considered terminated Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54337 upon a change in the controlling interest To do otherwise would result in an section 1307(b) of ANILCA, collectively in the historical operator. This provision anomaly. That is, the historical rights of referred to as preferred operators. The is intended to implement the individuals would necessarily lapse as a first category of preferred operator is the ‘‘grandfather clause’’ purposes of matter of law upon the individual’s Native corporation determined by the section 1307(a) while not permitting the death or sale of the business under the Director to be most directly affected by sale or transfer of these ‘‘grandfather terms of section 1307, while a corporate the establishment or expansion of a park rights’’ to third parties consistent with historical operator would retain the area. the intentions of section 1307. statutory right forever, as long as the The second category of preferred Persons who, on or before January 1, corporate entity remained in existence, operator consists of persons who are 1979, were engaged in adequately even though the actual ownership of the determined by the Director to be local providing any type of visitor service corporation passes to persons who had residents of any park area, whether or within a park area in Alaska, who have no involvement in the business before not it existed before ANILCA. A local continued to provide that visitor service January 1, 1979. These regulations, resident as defined in these regulations and who have retained controlling consistent with the intentions of section means a person living within 100 interest in the business are considered 1307 and in the interests of fairness, straight-line miles of the location within historical operators under these provide individuals who provided a park area where the service is to be regulations. visitor services prior to January 1, 1979, provided. Some commenters objected to the the same rights to continue those Section 13.83 establishes a procedure requirement that the rights of historical services regardless of whether the form for the solicitation and award of visitor operators would terminate if there was of business was a sole proprietorship, service authorizations that incorporates a break in service of more than 11 partnership or corporation. Section 1307 the rights of preferred operators under consecutive months since there could be was intended to ‘‘grandfather’’ persons section 1307(b). In order to exercise the a number of legitimate reasons why the who were engaged in providing visitor preference, a preferred operator must business could not operate for one services before January 1, 1979, so as submit a responsive offer under the season. This requirement was changed not to arbitrarily close businesses as a terms of a public solicitation. Some to a break in service of no more than 24 result of the passage of ANILCA. commenters said it was unfair to allow consecutive months. This will allow an However, the statute, consistent with its all preferred operators the opportunity operator to miss one season of operation intentions, does not provide for the sale to match the better offer and that the without jeopardizing the permit or or transfer of the statutory rights it rule as written would discourage contract unless the terms of the permit creates. everyone except preferred operators or contract require the service to be Commenters expressed concerns from submitting proposals. In response provided. about applying the controlling interest to those concerns, the regulation has Several commenters expressed requirement retroactively to January 1, been amended to explain that if, after all concerns about the loss of historic rights 1979. This date, however, is clearly the responsive offers are reviewed, a if there has been a change in controlling stated in section 1307, and the NPS has preferred operator has submitted an interest since January 1, 1979. There advised interested persons of these offer that is substantially equal to or were concerns about transferring a requirements in the administration of better than any other offer, the preferred permit to a surviving spouse, to another visitor services authorizations since the operator will be awarded the contract or partner, the impact of incorporating and passage of ANILCA. bringing in additional stockholders and Also in response to comments, a new permit. In addition, redundant express the impact of selling a corporation to a provision has been added which says requirements regarding capability have different parent corporation removed historical operators may apply for a been deleted from this section. from the daily operation of the business. visitor services authorization in a joint It was apparent from the public In response, with respect to venture with other persons, but that comments that there was some individual historic operators, a new historical operating rights will only be confusion about the relationship provision has been added to § 13.82(e) recognized if the historical operator has between the two categories of preferred that if a change in a controlling interest the controlling interest in the joint operators. Local residents and most only results in the acquisition of the venture. This provision allows business directly affected Native corporations controlling interest by individuals who flexibility without compromising the have equal preference in the award of a were personally engaged in that visitor statutory intention of section 1307. visitor service authorization. A service activity before January 1, 1979, statement to this effect was added to historical operator rights will continue Section 13.83 Preferred Operators 13.83(c). to be recognized. For example, an This section implements subsection As with historical operators, the NPS individual (qualified as an historical (b) of section 1307 (except with respect does not believe section 1307(b) operator) holding a visitor services to CIRI) and grants a preference intended to provide preferred operators authorization may transfer a controlling (generally defined for the purpose of with an exclusive right to provide interest in the business to a spouse, these regulations as a right to meet the visitor services. Section 13.83 permits child or informal partner, if the terms of the best offer received by the other persons to provide visitor services transferee was personally engaged in the NPS in a public solicitation process for in park areas in a manner consistent conduct of the historical operator’s visitor services) to certain individuals with the preference of preferred business before January 1, 1979. and corporations to provide visitor operators. Accordingly, public The rules have not been changed with services in Alaska park areas. The solicitations for section 13.83 purposes respect to corporations. The intention of section has been modified to clarify that will generally be the public solicitation the regulations in this regard, consistent it takes effect only when there is a used for general concession with NPS’ understanding of the competitive award of a visitor services authorizations under 36 CFR Part 51. intentions of section 1307, is to treat authorization. Section 13.83 (b) was changed to read corporations in a similar manner as Section 13.83 of the regulations that an amended offer from a preferred individuals, with respect to the applies to the two categories of persons operator must substantially equal the consequences of a change in ownership. to be given a preference pursuant to terms of the best offer rather than meet 54338 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations the terms of the best offer. This change affected by the establishment or accordance with policy, this section was is consistent with 36 CFR Part 51. expansion of a park area and changed to allow an appeal to be made Some commenters questioned why a accordingly is a preferred operator with to the next higher level of authority in Native corporation was required to respect to that park area. Each Native the NPS which is the Director. submit additional information in corporation has the opportunity to be Section 13.83(d) that was not required considered for a determination of ‘‘most Paperwork Reduction Act of local corporations. This was not the directly affected.’’ The Director’s ‘‘most The collections of information intention of the proposed rule. Section directly affected’’ Native corporation contained in §§ 13.82–13.85 of this rule 13.83(d) was rewritten to require that decision or appeal decision is are for the purposes of preparing offers Native corporations and local applicable for all future visitor services corporations both must document their for that park or preserve. However, a in response to contract solicitations controlling interest in the joint venture new sentence has been added to § 13.85 pursuant to 36 CFR Part 51, and have making the offer to provide a to permit Native corporations that did previously been approved by the Office commercial service. This change not apply for ‘‘most affected’’ status at of Management and Budget under 44 addresses the concerns of commenters earlier opportunities to apply for U.S.C. 3501 et seq. and assigned who where opposed to allowing a ‘‘equally affected’’ Native corporation clearance number 1024–0125. This preferred operator to serve as a front for status in connection with subsequent approval expired in January 1996. another business entity. visitor services authorizations. However, OMB has given emergency Finally, paragraph (d) has been The word ‘‘new’’ in 13.85(a) was approval to the NPS for the collection of amended, in response to comments, to deleted. This rule applies to all visitor information under the same allow a preferred operator to submit an services in park areas, not just to new authorization number for the basic offer in the form of a joint venture, as services. Several comments received contracting program for a limited period long as the preferred operator has a from Native corporations objected to of time. The NPS has submitted the controlling interest in the joint venture. some of the criteria used to determine necessary documentation to OMB This provides appropriate business most directly affected. This section lists requesting 3 year approval for the flexibility without compromising the criteria considered, but is not all- collection of information for all areas intentions of section 1307. inclusive. Nor are the criteria listed in covered by this rule. A document will Section 13.84 Preference to Cook Inlet priority order. The NPS wants to afford be published in the Federal Register Region, Incorporated the opportunity for Native corporations establishing an effective date for and Native villages to provide §§ 13.82–13.85 when that approval is This section describes the right of first information pertinent to making this received from OMB. refusal granted by section 1307(b) to determination. Under the application Cook Inlet Region, Incorporated (CIRI) section, a provision was added to allow The NPS is advertising the availability to provide new visitor services within a Native corporation the opportunity to of concession opportunities within park that portion of Lake Clark National Park submit any information it considers areas, requiring that parties interested in and Preserve that is within the relevant in making the ‘‘most directly being awarded a concession contract boundaries of the Cook Inlet Region. A affected’’ determination. Under the submit offers to provide the necessary number of changes were made in socioeconomic impacts criteria, facilities and services. The public response to comments received from consideration for historic and reporting burden for the collection of CIRI. The comma before ‘‘when traditional uses of park areas and land- information in this instance is estimated appropriate’’ was deleted to be use patterns by Native corporations was to be 480 hours for large operations and consistent with section 1307. The added. 240 hours for small operations, regulation was modified to state that the Some commenters objected to the including the time for reviewing NPS is to solicit competitive offers as criteria concerning ownership of land. It instructions, searching existing data the first step in the possible exercise of is not necessary for a Native corporation sources, gathering and maintaining the CIRI’s right of first refusal. The 90-day to own surface acres within and data needed and completing and deadline for CIRI to make a responsive adjoining a Conservation System Unit in reviewing the collection of information. offer, as specified in section 1307, was order to qualify as ‘‘most directly The request for the collection of added. The requirement to document affected.’’ Land ownership is one of information contained in these sections total ownership in the business entity several criteria used in making the has been submitted to the Office of making the offer was changed to determination. The regulation has been Management and Budget (OMB) under documentation of controlling interest by modified in this regard, and, has been 44 U.S.C. 3501 et seq. for approval. The CIRI, in cooperation with village modified to explain that in making such collection of this information will not be corporations within the Cook Inlet determinations, the NPS may take into required until it has been approved by Region when appropriate. The account other information considered OMB. requirement to document controlling relevant and require an applicant to interest is consistent with § 13.83(d) as submit additional information when Send comments regarding this burden rewritten. Kijik Corporation expressed appropriate. It is the intention of the estimate or any other aspect of this concerns about this section since they NPS to use a public process to make collection of information, including have land within the same region. This these determinations. suggestions for reducing the burden of section of the rule was written to match these information collection requests, to Section 13.86 Appeal Procedures the language in section 1307 as closely Information Collection Officer, National as possible. This section establishes procedures Park Service, 800 North Capitol Street, and criteria under which people who Washington, D.C. 20013; and the Office Section 13.85 Most Directly Affected believe they have not been provided of Management and Budget, Office of Native Corporation Determination section 1307 rights under this subpart Information and Regulatory Affairs, This section establishes procedures may appeal to the Director for a final Attention: Desk Officer for Department and criteria for determining which administrative determination in this of the Interior (1024–0125), Washington, Native corporation was most directly regard. In response to comments, and in D.C. 20503. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54339

Compliance With Other Laws In consideration of the foregoing, 36 § 13.81 Definitions. This rule was reviewed by the Office CFR Chapter I is amended as follows: The following definitions apply to this subpart: of Management and Budget under PART 13ÐNATIONAL PARK SYSTEM Executive Order 12866. It was (a) Best offer means a responsive offer UNITS IN ALASKA that best meets, as determined by the determined that this document will not Director, the selection criteria contained have a significant economic effect on a 1. The authority citation for part 13 in a competitive solicitation for a visitor substantial number of small entities continues to read as follows: services authorization. under the Regulatory Flexibility Act (5 Authority: 16 U.S.C. 1, 3, 462(k), 3101 et (b) Controlling interest means, in the U.S.C. 601 et seq.). The economic effects seq.; § 13.65 also issued under 16 U.S.C. 1a– case of a corporation, an interest, of this rulemaking are local and 2(h), 20, 1361, 1531, 3197. beneficial or otherwise, of sufficient negligible. outstanding voting securities or capital The NPS has determined and certifies 2. Section 13.2 is amended by of the business so as to permit the pursuant to the Unfunded Mandates redesignating paragraph (e) as paragraph exercise of managerial authority over Reform Act, 2 U.S.C. 1502 et seq., that (f), and a new paragraph (e) is added to the actions and operations of the this proposed rule will not impose a read as follows: corporation or election of a majority of cost of $100 million or more in any § 13.2 Applicability and scope. the board of directors of the corporation. given year on local, State or tribal * * * * * Controlling interest in the case of a governments, or private entities. (e) Subpart D of this part 13 contains partnership, limited partnership, joint The Regulatory Flexibility Act further regulations applicable to authorized venture, or individual entrepreneurship, requires the preparation of flexibility visitor service providers operating means a beneficial ownership of or analysis for rules that will significantly within certain park areas. The interest in the entity or its capital so as affect a substantial number of small regulations in subpart D of this part to permit the exercise of managerial entities including small businesses, amend in part the general regulations authority over the actions and organizations, or governmental contained in this chapter. operations of the entity. In other jurisdictions. Local visitor service circumstances, controlling interest providers, exercising their right under * * * * * means any arrangement under which a Section 1307(b) of ANILCA, will benefit 3. In part 13, a new Subpart D is third party has the ability to exercise more than companies without the added to read as follows: management authority over the actions preference. This preference will have a Subpart DÐSpecial Visitor Services or operations of the business. positive impact on the local areas by Regulations (c) Director means the Director of the increasing the economic base of these Sec. National Park Service or an authorized communities. This impact, while 13.80 Applicability and scope. representative. important in relation to the total 13.81 Definitions. (d) Historical operator, except as economic level of the local area, is very 13.82 Historical operators. otherwise may be specified by a statute small in actual dollar value. Therefore, 13.83 Preferred operators. 13.84 Preference to Cook Inlet Region, other than ANILCA, means the holder of this rule would have no ‘‘significant’’ a valid written authorization from the economic impact on the local Incorporated. 13.85 Most directly affected Native Director to provide visitor services communities or local governmental Corporation. within a park area that: entities. The NPS has determined that 13.86 Appeal procedures. (1) On or before January 1, 1979, was this rulemaking will not significantly 13.87 Information collection. lawfully engaged in adequately affect the quality of human providing such visitor services in the environmental health and safety Subpart DÐSpecial Visitor Services applicable park area; because it is not expected to: Regulations (2) Has continued, as further defined (a) Increase public use to the extent of § 13.80 Applicability and scope. in § 13.82, to lawfully provide that compromising the nature and character visitor service since January 1, 1979, of the area or causing physical damage (a) Except as otherwise provided for without a change in controlling interest; to it; in this section, the regulations and (b) Introduce incompatible uses contained in this part apply to visitor (3) Is otherwise determined by the which might compromise the nature services provided within all national Director to have a right to continue to and characteristics of the area, or cause park areas in Alaska. provide such services or similar services physical damage to it; (b) The rights granted by this subpart pursuant to § 13.82. (c) Conflict with adjacent ownerships to historical operators, preferred (e) Local area means an area in Alaska of land uses; or operators, and Cook Inlet Region, within 100 miles of the location within (d) Cause a nuisance to adjacent Incorporated are not exclusive. The the park area where any of the owners or occupants. Director may authorize other persons to applicable visitor services is authorized Based upon this determination, this provide visitor services on park lands. to be provided. rulemaking is categorically excluded Nothing in this subpart shall require the (f) Local resident means: from the procedural requirements of the Director to issue a visitor services (1) For individuals. Those individuals National Environmental Policy Act authorization if not otherwise mandated who have lived within the local area for (NEPA) by Departmental guidelines in by statute to do so. Nothing in this 12 consecutive months before issuance 516 DM 6 (49 FR 21438). As such, subpart shall authorize the Director to of a solicitation of offers for a visitor neither an environmental assessment issue a visitor services authorization to services authorization for a park area (EA) nor an environmental impact a person who is not capable of carrying and who maintain their primary, statement (EIS) has been prepared. out its terms and conditions in a permanent residence and business satisfactory manner. within the local area and whenever List of Subjects in 36 CFR Part 13 (c) This subpart does not apply to the absent from this primary, permanent Alaska, National parks, Reporting and guiding of sport hunting or sport residence, have the intention of recordkeeping requirements. fishing. returning to it. Factors demonstrating 54340 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations the location of an individual’s primary, or level of visitor services provided terms and conditions of the permanent residence and business may prior to January 1, 1979, but no authorization. include, but are not limited to, the historical operating rights will be (2) A historical operator’s declination permanent address indicated on obtained in such increase. of a renewal of the authorization made licenses issued by the State of Alaska, (c) If a historical operator applies for pursuant to paragraph (d) of this tax returns and voter registration. a visitor services authorization in the section. (2) For corporations. A corporation in form of a joint venture, the application (3) A change in the controlling which the controlling interest is held by will not be considered as validly made interest of the historical operator an individual or individuals who unless the historical operator through sale, assignment, devise, qualify as local resident(s) within the demonstrates, to the satisfaction of the transfer, or by any other means, direct meaning of this subpart. For non-profit Director, that it has the controlling or indirect. A change in the controlling corporations a majority of the board interest in the joint venture. interest of a historical operator that members and a majority of the officers (d) A historical operator may apply to results only in the acquisition of the must qualify individually as local the Director for an authorization or controlling interest by an individual or residents. amended authorization to provide individuals who were personally (g) Native Corporation means the visitor services similar to those it engaged in the visitor services activities same as defined in section 102(6) of provided before January 1, 1979. The of the historical operator before January ANILCA. Director will grant the request if such 1, 1979, will not be deemed a change in (h) Preferred operator means a Native visitor services are determined by the the historical operator’s controlling Corporation that is determined under Director to be: interest for the purposes of this subpart. § 13.85 to be ‘‘most directly affected’’ by (1) Consistent with the protection of (4) A historical operator’s failure to the establishment or expansion of a park park resources and the purposes for provide the authorized services for more area by ANILCA, or a local resident as which the park area was established; than 24 consecutive months. defined in this subpart. (2) Similar in kind and scope to the (h) The Director may authorize other (i) Responsive offer is one that is visitor services provided by the persons to provide visitor services in a timely received and meets the terms and historical operator before January 1, park area in addition to historical conditions of a solicitation for a visitor 1979; and operators. services authorization. (3) Consistent with the legal rights of (j) Visitor services authorization is a any other person. § 13.83 Preferred operators. written authorization from the Director (e) When a historical operator’s visitor (a) In selecting persons to provide to provide visitor services in a park area. services authorization expires, and if the visitor services for a park area, the Such authorization may be in the form applicable visitor services continue to Director will, if the number of visitor of a concession permit, concession be consistent with the purposes for services authorizations is to be limited, contract, or other document issued by which the park area was established as give a preference (subject to any rights the Director under National Park Service determined by the Director, the Director of historical operators or CIRI under this policies and procedures. will offer to renew the authorization for subpart) to preferred operators a fixed term under such new terms and determined qualified to provide such § 13.82 Historical operators. conditions as the Director determines visitor services. (a) A historical operator will have a are in the public interest. (b) In such circumstances, the right to continue to provide visitor (f) If the Director determines that Director will publicly solicit services in a park area under authorized visitor services must be competitive offers for persons to apply appropriate terms and conditions curtailed or reduced in scope, level, or for a visitor services authorization, or contained in a visitor services season to protect park resources, or for the renewal of such an authorization, to authorization issued by the Director as other purposes, the Director will require provide such visitor services pursuant long as such services are determined by the historical operator to make such to 36 CFR part 51 and/or other National the Director to be consistent with the changes in visitor services. If more than Park Service procedures. All offerors, purposes for which the park area was one historical operator providing the including preferred operators, must established. A historical operator may same type of visitor services is required submit a responsive offer to the not operate without such an to have those services curtailed, the solicitation in order to be considered for authorization. The authorization will be Director will establish a proportionate the authorization. If the best offer from for a fixed term. Failure to comply with reduction of visitor services among all a preferred operator is at least the terms and conditions of the such historical operators, taking into substantially equal to the best offer from authorization will result in cancellation account historical operating levels and a non-preferred operator, the preferred of the authorization and consequent loss other appropriate factors so as to operator will receive authorization. If an of historical operator rights under this achieve a fair curtailment of visitor offer from a person besides a preferred subpart. services among the historical operators. operator is determined to be the best (b) Nothing in this subpart will If the level of visitor services must be so offer (and no preferred operator submits prohibit the Director from permitting curtailed that only one historical a responsive offer that is substantially persons in addition to historical operator feasibly may continue to equal to it), the preferred operator who operators to provide visitor services in provide the visitor services, the Director submitted the best offer from among the park areas at the Director’s discretion as will select one historical operator to offers submitted by preferred operators long as historical operators are continue to provide the curtailed visitor will be given the opportunity, by permitted to conduct a scope and level services through a competitive selection amending its offer, to meet the terms of visitor services equal to those process. and conditions of the best offer provided before January 1, 1979, under (g) Any of the following will result in received. If the amended offer of such a terms and conditions consistent with loss of historical operator status: preferred operator is considered by the this subpart. A historical operator may (1) Revocation of an authorization for Director as at least substantially equal to be permitted by the Director under historic types and levels of visitor the best offer, the preferred operator will separate authority to increase the scope services for failure to comply with the receive the visitor service authorization. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54341

If a preferred operator does not amend (b) The CIRI right of first refusal will (c) In the event that more than one its offer to meet the terms and have precedence over the rights of Native Corporation is determined to be conditions of the best offer, the Director preferred operators. An offer from CIRI equally affected within the meaning of will issue the authorization to the under this section, if the offer is in the this section, each such Native person who submitted the best offer in form of a joint venture, will not be Corporation will be considered as a response to the solicitation. considered valid unless it demonstrates preferred operator under this subpart. (c) The Native Corporation(s) to the satisfaction of the Director that (d) The Director’s most directly determined to be ‘‘most directly CIRI has a controlling interest in the affected Native Corporation affected’’ under this subpart and local joint venture. determination applies to the award of residents have equal preference. The (c) The CIRI right of first refusal may all future visitor service authorizations rights of preferred operators under this not be sold, transferred, devised or for the applicable park area. However, a section take precedence over the right of assigned, directly or indirectly. Native Corporation that did not apply preference that may be granted to for this determination in connection existing satisfactory National Park § 13.85 Most directly affected Native with an earlier visitor services Service concessioners pursuant to the Corporation. authorization may apply for a Concessions Policy Act (16 U.S.C. 20) (a) Before the award of the first visitor determination that it is an equally and its implementing regulations and service authorization in a park area to be affected Native Corporation for the procedures, but do not take precedence made after the effective date of this applicable park area in connection with over the rights of historical operators or subpart, the Director will provide an a later visitor services authorization. CIRI as described in this subpart. opportunity for any Native Corporation Such subsequent applications must (d) An offer from a preferred operator interested in providing visitor services contain the information required by under this subpart, if the offer is in the within the applicable park area to paragraph (a) of this section, and must form of a joint venture, will not be submit an application to the be made in a timely manner as considered valid unless it documents to superintendent to be determined the described by the Director in the the satisfaction of the Director that the Native Corporation most directly applicable solicitation document so as preferred operator holds the controlling affected by the establishment or not to delay the consideration of offers interest in the joint venture. expansion of the park area by or under for the visitor services authorization. (e) Nothing in this subpart will the provisions of ANILCA. An prohibit the Director from authorizing application from an interested Native § 13.86 Appeal procedures. persons besides preferred operators to Corporation will include the following An appeal of the denial of rights with provide visitor services in park areas as information: respect to providing visitor services long as the procedures described in this (1) Name, address, and phone number under this subpart may be made to the section have been followed. Preferred of the Native Corporation; date of next higher level of authority. Such an operators are not entitled by this section incorporation; its articles of appeal must be submitted in writing to provide all visitor services in a park incorporation and structure; within 30 days of receipt of the denial. area. (2) Location of the corporation’s Appeals must set forth the facts and (f) The preferences described in this population center or centers; and circumstances that the appellant believes support the appeal. The section may not be sold, assigned, (3) An assessment of the appellant may request an informal transferred or devised, directly or socioeconomic impacts, including meeting to discuss the appeal with the indirectly. historical and traditional use and land- National Park Service. After ownership patterns and their effects on § 13.84 Preference to Cook Inlet Region, consideration of the materials submitted the Native Corporation as a result of the Incorporated. by the appellant and the National Park expansion or establishment of the (a) The Cook Inlet Region, Service record of the matter, and applicable park area by ANILCA. Incorporated (CIRI), in cooperation with meeting with the appellant if so (4) Any additional information the village corporations within the Cook requested, the Director will affirm, Native Corporation considers relevant or Inlet region when appropriate, will have reverse, or modify the denial appealed the Director may reasonably require. a right of first refusal to provide new and will set forth in writing the basis of visitor services within that portion of (b) Upon receipt of all applications the decision. A copy of the decision will Lake Clark National Park and Preserve from interested Native Corporations, the be forwarded to the appellant and will that is within the boundaries of the Director will determine the ‘‘most constitute the final administrative Cook Inlet region. In order to exercise directly affected’’ Native Corporation decision in the matter. No person will this right of first refusal, the National considering the following factors: be considered to have exhausted Park Service will publicly solicit (1) Distance and accessibility from the administrative remedies with respect to competitive offers for the visitor corporation’s population center and/or a denial of rights to provide visitor services authorization pursuant to 36 business address to the applicable park services under this subpart until a final CFR part 51 or other applicable National area; and administrative decision has been made Park Service procedures. CIRI must (2) Socioeconomic impacts, including pursuant to this section. submit a responsive offer within 90 days historical and traditional use and of such solicitation. If CIRI makes such landownership patterns, on Native § 13.87 Information collection. an offer and is determined by the Corporations and their effects as a result (a) The information collection Director to be capable of carrying out of the expansion or establishment of the requirements contained in this part have the terms and conditions of the visitor applicable park area; and received emergency approval from the services authorization, it will receive (3) Information provided by Native Office of Management and Budget under the authorization. If it does not, the Corporations and other information 44 U.S.C. 3507, et seq., for the basic authorization may be awarded to considered relevant by the Director to contracting program under OMB another person pursuant to usual the particular facts and circumstances of clearance number 1024–0125. The National Park Service policies and the effects of the establishment or information is being collected as part of procedures if otherwise appropriate. expansion of the applicable park area. the process of reviewing the procedures 54342 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations and programs of State and local preamble to the National Emission Collection Request. This paragraph governments participating in the Standards for Hazardous Air Pollutant previously portrayed the Information national historic preservation program. Emissions: Group IV Polymers and Collection Request as not being The information will be used to evaluate Resins published in the Federal approved and requested comments those procedures and programs. The Register on September 12, 1996 (61 FR regarding the recordkeeping and obligation to respond is required to 48208). First, we are correcting a reporting burden. The corrected text is obtain a benefit. discrepancy between the paper and as follows: (b) The public reporting burden for electronic versions of the preamble sent C. Paperwork Reduction Act the collection of information is to the Office of the Federal Register. In estimated to be 480 hours for large making this first change we are also The OMB has approved the operations and 240 hours for small altering the preamble language for the information collection requirements operations, including the time for Group IV Polymers and Resins final rule contained in this standard under the reviewing instructions, searching to make the language consistent with provisions of the PRA [44 U.S.C. 3501 existing data sources, gathering and the language contained in the preamble et seq.] and has assigned OMB control maintaining the data needed and for the Group I Polymers and Resins number 2060–0351. completing and reviewing the collection final rule (61 FR 16093). Neither of The EPA is authorized by the Clean of information, including suggestions these changes represent any change to Air Act to collect information required for reducing the burden, to Information EPA policy. Second, the published to ensure compliance with NESHAP. Collection Officer, National Park version of the preamble did not contain Data obtained from the semiannual Service, 800 North Capitol Street, corrections to the Paperwork Reduction Periodic Reports and any other periodic Washington, D.C. 20013; and the Office Act (PRA) section (i.e., VI., C.) to reflect reports and data obtained during visits by EPA personnel from records of Management and Budget, Office of approval of the Information Collection maintained by the respondents will be Information and Regulatory Affairs, Request by the Office of Management tabulated and published for internal Attention: Desk Officer for the and Budget (OMB); approval of the EPA use in compliance and enforcement Department of the Interior (1024–0125), Information Collection Request was programs. Information contained in the Washington, D.C. 20503. received just prior to publication of the Notification of Compliance Status will final rule. There are no changes required Dated: July 10, 1996. be entered into the Aerometric to the regulatory text because the George T. Frampton, Jr., Information Retrieval Systems Facility carcinogenicity of certain hazardous air Assistant Secretary for Fish and Wildlife and Subsystem maintained and operated by pollutants is not discussed in the Parks. the EPA’s Office of Air Quality Planning [FR Doc. 96–26279 Filed 10–17–96; 8:45 am] regulatory text and the regulatory text and Standards. correctly reflects OMB approval of the BILLING CODE 4310±70±P This collection of information has an Information Collection Request. estimated annual recordkeeping and Dated: September 26, 1996. reporting burden of 4,000 hours per ENVIRONMENTAL PROTECTION Mary D. Nichols, respondent. These estimates include AGENCY Assistant Administrator for Air and time for all the aspects of burden as Radiation. defined in the 1995 PRA and presented 40 CFR Part 63 The following corrections are being below. Burden means the total time, effort, or financial resources expended [AD±FRL±5628±9] made in the preamble for: National Emission Standards for Hazardous Air by persons to generate, maintain, retain, National Emission Standards for Pollutant Emissions from Group IV or disclose or provide information to or Hazardous Air Pollutants for Source Polymers and Resins published in the for a Federal agency. This includes the Categories: Group IV Polymers and Federal Register on September 12, 1996 time needed to review instructions; Resins (61 FR 48208): develop, acquire, install, and utilize 1. The fifth paragraph of Section II. technology and systems for the purposes AGENCY: Environmental Protection Summary of Considerations Made in of collecting, validating, and verifying Agency (EPA). Developing These Standards, A. information, processing and ACTION: Final rule preamble correction. Purpose of Standards is corrected to maintaining information, and disclosing and providing information; adjust SUMMARY: This document corrects two read as follows: II. * * * existing ways of complying with any errors in the preamble to the national previously applicable instructions and emission standards for hazardous air A. * * * ** * In regard to carcinogenicity, requirements; train personnel to be able pollutant emissions from Group IV some of these pollutants are considered to respond to a collection of polymers and resins published in the to be mutagens and carcinogens, and all information; search data sources; Federal Register on September 12, 1996 can cause reversible or irreversible toxic complete and review the collection of (61 FR 48208). effects following exposure. information; and transmit or otherwise EFFECTIVE DATE: This action is effective This same paragraph previously read disclose the information. September 12, 1996. as follows: In addition to hours burden FOR FURTHER INFORMATION CONTACT: For ** * In regard to carcinogenicity, associated with the collection of further information about this correction some of the organic HAP controlled information, the 1995 PRA requires the document contact Mr. Robert under these standards are either EPA to estimate the total annual cost Rosensteel, (919) 541–5608, Organic probable (i.e., acetaldehyde, dioxane, burden resulting from the collection of Chemicals Group, Emission Standards acrylonitrile, and butadiene) or possible information, exclusive of the hours Division (MD–13), U.S. Environmental (i.e., styrene) human carcinogens. burden. The 1995 PRA indicates that Protection Agency, Research Triangle 2. Paragraph C. Paperwork Reduction this cost should include capital costs, as Park, North Carolina 27711. Act of Section VI. Administrative well as operation and maintenance SUPPLEMENTARY INFORMATION: This Requirements is being corrected to costs, associated with preparations for document makes two corrections to the reflect approval of the Information collecting information; monitoring, Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54343 sampling, and testing equipment; and pursuant to Section 105 of the 6 inches) if contamination was found record storage facilities. However, these Comprehensive Environmental above the State’s cleanup level of 10 costs should not include equipment or Response, Compensation, and Liability mg/kg. In those areas where the services purchased (1) prior to October Act (CERCLA), as amended. EPA and residents indicated that they intended to 1, 1995, (2) to achieve regulatory the State of New York have determined plant vegetables, 12 inches of soil was compliance with requirements not that all appropriate Hazardous removed. Since soils in those areas that associated with the information Substance Response Trust Fund (Fund)- had cadmium contamination exceeding collection, (3) for reasons other than to financed responses under CERCLA have the cleanup level have been removed provide information or keep records for been implemented and that no further and replaced with clean soil and fresh the government, or (4) as part of cleanup by responsible parties is sod, confirmatory sampling was not customary and usual business or private appropriate. Moreover, EPA and the deemed necessary. practices. The 1995 PRA also provides State of New York have determined that A commenter expressed concern for the solicitation of information remedial actions conducted at the site to about the presence of cadmium required to develop these costs through date have been protective of public contamination twenty-two feet beneath multiple Federal Register notices. health, welfare, and the environment. the surface on the former battery facility However, the time period available to EFFECTIVE DATE: October 18, 1996. grounds. This contamination resulted develop these costs was not sufficient to ADDRESSES: For further information from a tank located adjacent to the allow the EPA to solicit the information contact: Pamela Tames, P.E., Remedial former battery facility which had leaked required. In the absence of actual data, Project Manager, U.S. Environmental cadmium nitrate, thereby contaminating the EPA has judged it is reasonable to Protection Agency, Region II, 290 the underlying soil. In response, it was consider that these costs are negligible Broadway, 20th Floor, New York, NY noted that, while post-excavation and has indicated this on the OMB 10007–1866, (212) 637–4255 sampling in one area of the site showed Form 83–I with zeros. While there may FOR FURTHER INFORMATION CONTACT: that some cadmium contamination be some respondents that experience Pamela Tames at (212) 637–4255. remained in the saturated soils, it is costs, because the emissions from this SUPPLEMENTARY INFORMATION: The site to believed that by placing two feet of industry are already fairly well- be deleted from the NPL is: Marathon limestone at the bottom of the twenty- controlled, the EPA judges that most Battery Company site, Cold Spring, New by sixty-foot excavation (to keep the respondents will already have the York. cadmium insoluble) and backfilling the required equipment (capital cost), and The closing date for comments on the twenty foot deep excavation will be will have already been incurring the Notice of Intent to Delete was June 10, protective of public health and the operation and maintenance costs. 1996. EPA received five comment environment and should in no way An Agency may not conduct or letters. impact the ability to redevelop the sponsor, and a person is not required to One commenter expressed concern former battery plant grounds. respond to, a collection of information about the discrepancies between the A commenter expressed concern unless it displays a currently valid OMB Agency for Toxic Substances and regarding the retention of the temporary control number. The OMB control Disease Registry’s (ATSDR’s) 20 haul road’s guardrail and the numbers for EPA’s regulations are listed milligram/kilogram (mg/kg) cadmium construction of a barrier at the in 40 CFR Part 9 and 48 CFR Chapter cleanup level for residential soils and intersection of the temporary haul road 15. The EPA is amending 40 CFR Part the New York State Department of and Chestnut Street, in that these 9, Section 9.1, to indicate the Health’s (NYSDOH’s) 10 mg/kg improvements are inconsistent with information collection requirements cadmium cleanup level. In response, it zoning and Planning Board regulations. contained in these final standards. was explained that the 20 mg/kg In response, it was explained that EPA’s [FR Doc. 96–26814 Filed 10–17–96; 8:45 am] cleanup level for cadmium in approved engineering design called for BILLING CODE 6560±50±P residential soils was based upon the scarifying the temporary haul road results of a risk assessment performed (which was constructed to alleviate by ATSDR, which made certain truck traffic on the Village’s narrow 40 CFR Part 300 assumptions regarding the quantity of roadways during the remediation of the vegetables grown in the cadmium- site), planting grass, and installing a [FRL±5634±6] contaminated residential soils and barrier to eliminate access from National Oil and Hazardous subsequently ingested by the residents. Chestnut Street. While the haul road Substances Pollution Contingency Using different assumptions, NYSDOH was rendered nonfunctional and Plan; National Priorities List Update concluded that 10 mg/kg was protective inaccessible to vehicles from Chestnut of public health. While EPA and New Street, the wooden guardrail, consisting AGENCY: Environmental Protection York State did not agree on a residential of approximately two-foot-high Agency. soil remediation cleanup level, New telephone poles with a horizontal ACTION: Notice of deletion of the York State agreed to remediate all wooden rail running through it (which Marathon Battery Company site from contaminated residential soils between originally was used to prevent trucks the National Priorities List. NYSDOH’s 10 mg/kg cadmium cleanup from driving off the haul road), was left level and ATSDR’s 20 mg/kg cadmium in place at the request of the property SUMMARY: The Environmental Protection cleanup level. owner to protect hikers from falling Agency (EPA) Region II announces the Several commenters expressed from the steep slope. The Village of deletion of the Marathon Battery concern that post-excavation soil Cold Spring Planning Board has Company site from the National samples were not collected by New requested the submission of site plan Priorities List (NPL). The NPL is York State’s contractors. In response, it documentation showing the changes Appendix B of 40 CFR part 300 which was indicated that six inches of soil that have been made to his property so is the National Oil and Hazardous were removed from the entire front and that it can review the matter. EPA is Substances Pollution Contingency Plan back yards (cadmium contamination in working with the property owner and (NCP), which EPA promulgated the residential yards did not exist below the contractor that performed the 54344 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations remediation of the site so that this Report and Order implementing Section not issue a separate notice of any information can be provided to the 276 of the Communications Act of 1934, petitions for reconsideration; the Report Planning Board. as amended by the Telecommunications and Order serves as notice to all EPA identifies sites which appear to Act of 1996 (‘‘1996 Act’’). This interested parties of the due dates for present a significant risk to public correction makes certain technical and petitions and oppositions. In addition, health, welfare, or the environment and typographical corrections to the Report the Commission waives Section 1.106(h) it maintains the NPL as the list of those and Order. This correction is issued to of the rules and will not accept reply sites. Sites on the NPL may be the accurately reflect the Commission’s comments in response to oppositions. subject of Fund-financed remedial intent in implementing Section 276 of The Commission concludes that these actions. Any site deleted from the NPL the 1996 Act. actions are necessary to complete all remains eligible for Fund-financed EFFECTIVE DATES: The amendments to Commission action in this proceeding, remedial actions in the unlikely event the heading of subpart M of part 64 and which involves issues concerning the that conditions at the site warrant such § 64.1301 are effective November 6, expedited implementation of the 1996 action. Section 300.66(c)(8) of the NCP 1996. The amendment to § 64.703 is Act, by the statutory deadline of states that Fund-financed actions may effective December 16, 1996. November 8, 1996. The Commission be taken at sites deleted from the NPL. FOR FURTHER INFORMATION CONTACT: will consider all relevant and timely Deletion of a site from the NPL does not Michael Carowitz, 202–418–0960, petitions and oppositions before final affect responsible party liability or Enforcement Division, Common Carrier action is taken in this proceeding. impede EPA efforts to recover costs Bureau. Petitions for reconsideration must associated with response efforts. comply with Sections 1.106 and 1.49 SUPPLEMENTARY INFORMATION: On June 4, and all other applicable sections of the List of Subjects in 40 CFR Part 300 1996, the Commission adopted a Notice Commission’s rules. Petitions also must Environmental protection, Air of Proposed Rulemaking (‘‘NPRM’’) [61 clearly identify the specific portion of pollution control, Chemicals, Hazardous FR 33074, June 4, 1996] to implement the Report and Order for which relief is substances, Hazardous waste, Section 276 of the Telecommunications sought. If a portion of a party’s Intergovernmental relations, Penalties, Act of 1996. On September 20, 1996, the arguments does not fall under a Reporting and recordkeeping Commission adopted and released a particular topic listed in the outline of requirements, Superfund, Water Report and Order in CC Docket No. 96– the Report and Order, such arguments pollution control, Water supply. 128 [61 FR 52307, October 7, 1996]. The should be included in a clearly labeled Errata makes certain technical and Dated: September 20, 1996. section at the beginning or end of the typographical corrections to the Report filing. Parties may not file more than a William J. Muszynski, and Order. The full text of the Errata Acting Regional Administrator. total of ten (10) pages of ex parte and Report and Order are available for submissions, excluding cover letters. 40 CFR part 300 is amended as inspection and copying during normal This 10 page limit does not include: (1) follows: business hours in the FCC Reference written ex parte filings made solely to Center, Room 239, 1919 M Street, N.W., disclose an oral ex parte contact; (2) PART 300Ð[AMENDED] Washington, D.C. The complete text of written material submitted at the time of 1. The authority citation for part 300 the Report and Order may also be an oral presentation to Commission staff continues to read as follows: purchased from the Commission’s that provides a brief outline of the duplicating contractor, international presentation; or (3) written material Authority: 33 U.S.C. 1321 (c)(2); 42 U.S.C. Transcription Services, 2100 M Street, 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, filed in response to direct requests from 1991 Comp.: p. 351; E.O. 12580, 52 FR 2923, N.W., Suite 140, Washington, D.C. Commission staff. Ex parte filings in 3 CFR, 1987 Comp.: p. 193. 20037, (202) 857–3800. The Report and excess of this limit will not be Order contains new or modified considered as part of the record in this Appendix B—[Amended] information collections subject to the proceeding. 2. Table 1 of Appendix B to Part 300 Paperwork Reduction Act of 1995 To file a petition for reconsideration is amended by removing the Marathon (PRA). It has been submitted to the in this proceeding parties must file an Battery Corporation site, Cold Spring, Office of Management and Budget original and ten copies of all petitions New York. (OMB) for review under the PRA. OMB, and oppositions. Petitions and the general public, and other federal [FR Doc. 96–26453 Filed 10–17–96; 8:45 am] oppositions should be sent to the Office agencies are invited to comment on the of the Secretary, Federal BILLING CODE: 6560±50±P new or modified information collections Communications Commission, contained in this proceeding. Washington, DC 20554. If parties want Parties must file any petitions for each Commissioner to have a personal FEDERAL COMMUNICATIONS reconsideration of the Report and Order copy of their documents, an original COMMISSION within 30 days from release of that plus fourteen copies must be filed. In document. The Commission waives the 47 CFR Parts 64 and 68 addition, participants should submit requirements of Section 1.4 of its rules two additional copies directly to the [CC Docket 96±128; DA 96±1666] to establish this new date of public Common Carrier Bureau, Enforcement notice in light of the deadline Division, Room 6008, 2025 M Street Pay Telephone Reclassification and established in the 1996 Act to complete NW, Washington, D.C. 20554. The Compensation Provisions of the this proceeding. Parties may file petitions and oppositions will be Telecommunications Act of 1996 oppositions to the petitions for available for public inspection during AGENCY: Federal Communications reconsideration pursuant to Section regular business hours in the Dockets Commission. 1.106(g) of the rules, except that Reference Room (Room 230) of the ACTION: Final Rule: Correction. oppositions to the petitions must be Federal Communications Commission, filed within seven (7) days after the date 1919 M Street, NW, Washington, DC SUMMARY: The Federal Communications for filing the petitions for 20554. Copies of the petition and any Commission (‘‘Commission’’) adopted a reconsideration. The Commission will subsequently filed documents in this Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54345 matter may be obtained from ITS, Inc., PART 64ÐMISCELLANEOUS RULES earn annual toll revenues in excess of 2100 M Street, NW, Suite 140, RELATING TO COMMON CARRIERS $100 million, as reported in the FCC Washington, DC 20037, (202) 857–3800. staff report entitled ‘‘Long Distance 1. Effective December 16, 1996, Market Shares.’’ Each individual IXC’s Ordering Clauses Section 64.703 is amended by removing compensation obligation shall be set in ‘‘67.703’’ in the section heading and accordance with its relative share of toll 1. Section 64.703 is amended as set adding in its place ‘‘64.703.’’ revenues among IXCs required to pay forth below effective December 16, 2. Effective November 6, 1996, the compensation. For example, if total toll 1996, and § 64.1301, the heading of heading of Subpart M of Part 64 is Subpart M of Part 64, and the revised to read as follows: revenues of IXCs required to pay Attachment, are amended as set forth compensation is $50 billion, and one of below effective November 6, 1996. Subpart MÐProvision of Payphone these IXCs had $5 billion of total toll revenues, the IXC must pay $4.585 per List of Subjects Service payphone per month. 47 CFR Part 64 3. Effective November 6, 1996, Section 64.1301 is amended by revising * * * * * Communications common carriers, the section heading; and by revising (d) IXCs obligated to pay Payphone compensation, Operator paragraphs (a), (b) and (d) to read as compensation and payphone service service access, Telephone. follows: providers are responsible for establishing their own billing or Federal Communications Commission. § 64.1301 Payphone compensation. payment arrangements. Mary Beth Richards, (a) Each payphone service provider Deputy Chief, Common Carrier Bureau. eligible to receive compensation shall be * * * * * Rule Changes paid $45.85 per payphone per month for 4. The Attachment—Interim originating access code and toll-free Compensation Obligations—is revised Part 64 of Title 47 of the Code of calls. to read as follows: Federal Regulations is amended as (b) This compensation shall be paid This Attachment will not be published in follows: by interexchange carriers (IXCs) that the Code of Federal Regulations.

ATTACHMENTÐINTERIM COMPENSATION OBLIGATIONS

1995 total toll services reve- Percent of Amount per Company nues (in mil- total toll reve- phone per lions) nues month

AT&T COMPANIES: AT&T COMMUNICATIONS, INC ...... $38,069 56.69 $25.9923406 ALASCOM, INC ...... 325 0.48 0.2219000 MCI TELECOMMUNICATIONS CORP ...... 12,924 19.25 8.8241091 SPRINT COMMUNICATIONS CO...... 7,277 10.84 4.9685115 LDDS WORLDCOM ...... 3,640 5.42 2.4852799 FRONTIER COMPANIES: ALLNET COMM. SVCS. dba FRONTIER COMM. SVCS ...... 827 1.23 0.5646501 FRONTIER COMMUNICATIONS INT'L, INC ...... 309 0.46 0.2109757 FRONTIER COMM. OF THE NORTH CENTRAL REGION ...... 133 0.20 0.0908083 FRONTIER COMMUNICATIONS OF THE WEST, INC ...... 127 0.19 0.0867117 CABLE & WIRELESS COMMUNICATIONS, INC ...... 700 1.04 0.4779384 LCI INTERNATIONAL TELECOM CORP ...... 671 1.00 0.4581381 EXCEL TELECOMMUNICATIONS, INC ...... 363 0.54 0.2478452 TELCO COMMUNICATIONS GROUP, INC ...... 215 0.32 0.1467954 MIDCOM COMMUNICATIONS, INC ...... 204 0.30 0.1392849 TEL-SAVE, INC ...... 180 0.27 0.1228985 U.S. LONG DISTANCE, INC ...... 155 0.23 0.1058292 VARTEC TELECOM, INC ...... 125 0.19 0.0853461 GE CAPITAL COMMUNICATIONS SERVICES CORP ...... 120 0.18 0.0819323 GENERAL COMMUNICATION, INC ...... 120 0.18 0.0819323 MFS INTELENET, INC ...... 118 0.18 0.0805668 BUSINESS TELECOM, INC ...... 115 0.17 0.0785185 COMMUNICATION TELESYSTEM INT'L ...... 115 0.17 0.0785185 ONCOR COMMUNICATIONS, INC ...... 111 0.17 0.0757874 THE FURST GROUP, INC ...... 109 0.16 0.0744218 AMERICAN NETWORK EXCHANGE, INC ...... 101 0.15 0.0689597

TOTAL ...... 67,153 100.00 45.85 54346 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

[FR Doc. 96–26901 Filed 10–17–96; 8:45 am] List of Subjects in 48 CFR Part 219 status for Senecio layneae (Layne’s BILLING CODE 6712±01±P Government procurement. butterweed). These species all occur on gabbroic or serpentine-derived soils in Michele P. Peterson, the central Sierran foothills of California Executive Editor, Defense Acquisition DEPARTMENT OF DEFENSE within chaparral or oak woodland Regulations Council. communities. Urbanization and the 48 CFR Part 219 and Appendix I to Therefore, 48 CFR Part 219 and ensuing habitat fragmentation, road Chapter 2 Appendix I to Chapter 2 are amended as construction and maintenance, follows: herbicide spraying, change in fire [DFARS Case 96±D317] frequency, off-road vehicle use, PART 219Ð[AMENDED] Defense Federal Acquisition unauthorized dumping, horse Regulation Supplement; Pilot Mentor- 1. The authority citation for 48 CFR overgrazing, competition from invasive ProteÂge Program Part 219 continues to read as follows: alien vegetation, and mining imperil these five species. This rule implements AGENCY: Department of Defense (DoD). Authority: 41 U.S.C. 421 and 48 CFR Federal protection and recovery Chapter 1. ACTION: Final rule. provisions afforded by the Act for these 219.7104 [Amended] five plants. SUMMARY: The Director of Defense 2. Section 219.7104 is amended in the EFFECTIVE DATE: November 18, 1996. Procurement is amending the Defense last sentence of paragraph (b) by ADDRESSES: The complete file for this Federal Acquisition Regulation revising the date ‘‘October 1, 1996’’ to rule is available for public inspection, Supplement (DFARS) to extend the read ‘‘October 1, 1999’’. by appointment, during normal business dates for application into, and hours at the Sacramento Field Office, reimbursement of costs under, the DoD Appendix I to Chapter 2 [Amended] U.S. Fish and Wildlife Service, 3310 El Pilot Mentor-Prote´ge´ Program. 3. Appendix I to Chapter 2 is Camino Avenue, Sacramento, California EFFECTIVE DATE: October 18, 1996. amended in section I–102, paragraphs 95825. FOR FURTHER INFORMATION CONTACT: (a) and (b), and in section I–103, FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations paragraph (a), by revising the date Kirsten Tarp, Sacramento Field Office Council, Attn: Ms. Susan Schneider, ‘‘September 30, 1996’’ to read (see ADDRESSES section) (telephone 916/ PDUSD (A&T) DP (DAR), 3062 Defense ‘‘September 30, 1998’’. 979–2122; facsimile 916/979–2128). Pentagon, Washington, DC 20301–3062. 4. Appendix I to Chapter 2 is SUPPLEMENTARY INFORMATION: Telephone (703) 602–0131; telefax (703) amended in section I–103, paragraph (b) 602–0350. Please cite DFARS Case 96– introductory text, by revising the date Background D317 in all correspondence related to ‘‘September 30, 1996’’ to read Calystegia stebbinsii (Stebbins’ this issue. ‘‘September 30, 1999’’. morning-glory), Ceanothus roderickii SUPPLEMENTARY INFORMATION: [FR Doc. 96–26533 Filed 10–17–96; 8:45 am] (Pine Hill ceanothus), Fremontodendron BILLING CODE 5000±04±M californicum ssp. decumbens (Pine Hill A. Background flannelbush), Galium californicum ssp. This final rule implements Section sierrae (El Dorado bedstraw), and 802 of the National Defense DEPARTMENT OF THE INTERIOR Senecio layneae (Layne’s butterweed) Authorization Act for Fiscal Year 1997 occur primarily on the Pine Hill (Public Law 104–201). Section 802: (1) Fish and Wildlife Service intrusion, an area of approximately extends, to September 30, 1998, the date 10,400 hectares (ha) (25,700 acres (ac)), by which an interested company must 50 CFR Part 17 in western El Dorado County, California, apply for participation as a mentor firm ranging in elevation from 138 to 628 RIN 1018±AC47 under the DoD Pilot Mentor-Prote´ge´ meters (m) (453 to 2,060 feet (ft)). In Program; and (2) extends to September Endangered and Threatened Wildlife addition, C. stebbinsii and S. layneae 30, 1999, the date by which mentor and Plants; Determination of have a few known isolated occurrences firms must incur costs in order to be Endangered Status for Four Plants and in El Dorado, Nevada, and/or Tuolumne eligible for reimbursement under the Threatened Status for One Plant From counties, California. All of the species Program. the Central Sierran Foothills of included in this final rule exhibit California substrate preferences. Ceanothus B. Regulatory Flexibility Act roderickii, F. californicum ssp. This final rule does not constitute a AGENCY: Fish and Wildlife Service, decumbens, and G. californicum ssp. significant revision within the meaning Interior. sierrae are endemic to gabbro-derived of FAR 1.501 and Public Law 98–577, ACTION: Final rule. soils on the Pine Hill intrusion, and C. and publication for public comment is stebbinsii and S. layneae occur on not required. However, comments from SUMMARY: The U.S. Fish and Wildlife gabbro and serpentine-derived soils. small entities concerning the affected Service (Service) determines One known occurrence of S. layneae DFARS subparts will be considered in endangered status pursuant to the was found on metamorphic-derived accordance with 5 U.S.C. 610. Endangered Species Act of 1973, as soils. amended (Act) for four plants— Gabbro-derived soils originate from C. Paperwork Reduction Act Calystegia stebbinsii (Stebbins’ mafic rocks (gabbrodiorite) that are The Paperwork Reduction Act does morning-glory), Ceanothus roderickii mildly acidic, are rich in iron and not apply because the final rule does not (Pine Hill ceanothus), Fremontodendron magnesium, and often contain other contain any information collection californicum ssp. decumbens (Pine Hill heavy metals such as chromium (Wilson requirements that require Office of flannelbush), and Galium californicum 1986). Gabbro, a dark large-crystalled Management and Budget approval ssp. sierrae (El Dorado bedstraw). The rock, is formed when liquid magma under 44 U.S.C. 3501 et seq. Service also determines threatened cools slowly underground. A red soil is Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54347 formed when the rock is exposed and within several plant communities in dumping, road maintenance, change in weathers at the earth’s surface (EIP California. Historically, fire occurred in fire frequency, and competition with Associates 1991). These soils are well- chaparral on the average of 3 to 5 times invasive alien vegetation (CNDDB 1994). drained and are underlain by every 100 years (Boyd 1985). Fire is Beecher Crampton first collected gabbrodiorite rocks at a depth of more important for seed germination and Ceanothus roderickii in 1956 from Pine than 1 meter (3.28 feet) (U.S. seedling reestablishment by eliminating Hill in El Dorado County, California. Department of Agriculture, Soil competition and shading, as well as Walter Knight described C. roderickii in Conservation Service 1974). replenishing nutrients to the soil. 1968, naming it after Wayne Roderick, Serpentine-derived soils are formed Without periodic fires, the previously who first suspected the horticultural through a process similar to formation mentioned plants either do not value of this endemic shrub (Knight of gabbro-derived soils. Serpentine soils reproduce by seed or may become 1968). Knight (1968) considered C. are derived from ultramafic rocks (e.g., shaded by other plants. roderickii to be most closely related to serpentinite, dunite, and peridotite). C. cuneatus, which also grows They tend to have high concentrations Discussion of the Five Species throughout the area. Ceanothus of magnesium, chromium, and nickel, G. Ledyard Stebbins collected the roderickii can be differentiated from its and low concentrations of calcium, type specimen of Calystegia stebbinsii congeners by its blue-tinged flowers, nitrogen, potassium, and phosphorus in 1970, 17 kilometers (km) (10 miles prostrate habit, and inconspicuously (Kruckeberg 1984). ‘‘Gabbro soils are (mi)) west of Placerville in El Dorado horned fruit. considered to be edaphically similar to County, California. Richard K. Brummitt Ceanothus roderickii is a prostrate serpentine because of their mineral (1974) described the species using evergreen shrub of the buckthorn family composition and because they appear to specimens collected by Stebbins as the (Rhamnaceae) that generally grows to 3 influence plant distributions in much type. m (9.84 ft) in diameter. The smooth the same way’’ (Wilson 1986). Calystegia stebbinsii is a leafy gray-brown branches radiate from a The three plant communities perennial herb in the morning-glory central axis and root when they come occurring on the Pine Hill intrusion are family (Convolvulaceae). Its stems range into contact with the ground. The leaves chaparral, oak woodland, and savanna. up to 1 m (3.28 ft) in length and of the species are semi-erect with entire The vegetation type of this area is generally lie flat on the ground. The margins. Small whitish flowers tinged distinctive enough that Robert Holland leaves are palmately lobed with the two with blue appear from May through (1986), based upon Wilson (1986), outermost lobes being divided again. June. Its fruit is an inconspicuously designated a community known as The leaf lobes are narrow and lance- horned globe-shaped capsule. gabbro-derived northern mixed shaped. White flowers, which appear in Ceanothus roderickii is restricted to chaparral. This community is May through June, are on stalks 3 to 13 gabbro-derived soil in openings in characterized by being ‘‘edaphically cm (1 to 5 in) long and bear two leaf- chaparral or more infrequently on restricted to ultramafic gabbro in a like bracts. The fruit is a slender previously disturbed sites within mixed chaparral which is dominated by capsule. Its distinctively shaped leaves, chaparral (Wilson 1986). The species is Adenostoma fasiculatum (chamise), and each having 7 to 9 narrow lance-shaped restricted to one localized area of usually occurring on rather xeric lobes, distinguish C. stebbinsii from approximately 10 known extant exposures’’ (Holland 1986). Calystegia other California morning-glories. occurrences discontinuously scattered stebbinsii, Ceanothus roderickii, Calystegia stebbinsii occurs in two in the Pine Hill intrusion (CNDDB Fremontodendron californicum ssp. localized areas. Most occurrences of C. 1994). Residential and commercial decumbens, and Senecio layneae occur stebbinsii are discontinuously scattered development, inadequate regulatory in fire-dependent chaparral habitat; F. within two population centers in the mechanisms, off-road vehicle use, road- californicum ssp. decumbens and S. northern and southern portions of the widening, change in fire frequency, and layneae also occur in the ecotone Pine Hill intrusion. Calystegia stebbinsii other human-caused conditions are between chaparral and oak woodland; does not occur at the center of the responsible for the decline of C. Galium californicum ssp. sierrae and S. intrusion on Pine Hill. It recently was roderickii. Commercial development has layneae occur in oak woodland (Wilson discovered in Nevada County near the extirpated two known occurrences 1986). None of the plants in this rule County landfill, where it was sparsely (CNDDB 1994). Ceanothus roderickii occur within savanna, which makes up scattered over a distance of 6.5 km (3.5 occurs primarily on private land. BLM approximately 27 percent of the mi) (California Diversity Database owns part of one site and the California vegetation on the Pine Hill intrusion. (CNDDB) 1994). In El Dorado County, Department of Forestry (CDF) owns Loss of habitat, fragmentation, and the species is associated with chaparral another site. alteration of natural ecosystem on gabbro-derived soils. In Nevada Beecher Crampton made the first processes have resulted from residential County it occurs on serpentine. The collection of Fremontodendron and commercial development. Housing species may have been transplanted californicum ssp. decumbens in 1956. and commercial development, road from El Dorado County by the transport Robert Lloyd (1965) described F. maintenance, grading, change in fire of soil to the Nevada County Sanitary californicum ssp. decumbens as F. frequency, unauthorized dumping, off- Landfill (Carla DeCrona, California decumbens based on the type specimen road vehicle use, overgrazing practices, Department of Fish and Game (CDFG), Lloyd collected in May 1964 from herbicide spraying, mining, competition pers. comm. 1992; The Union 1991). ‘‘California, El Dorado Co., Pine Hill, ca. from invasive alien vegetation, and Calystegia stebbinsii occurs primarily 3 km north of Rescue.’’ Philip Munz other human-caused conditions threaten on privately owned land, although, the (1968) reduced F. decumbens to a the remaining occurrences of these Bureau of Land Management (BLM) subspecies of F. californicum. Walter plants. manages land harboring some Kelman (1991), in his revision of These plants occur within a fire- occurrences. Development has Fremontodendron, recognized F. adapted plant community, either within extirpated at least one-third of the californicum ssp. decumbens as a full chaparral or on the ecotone between known occurrences (CDFG 1990a). species based upon morphological chaparral and woodland. Change in fire Other threats to these populations variation. Nonetheless, the plant is frequency alters the natural processes include off-road vehicle use, grading, treated as F. californicum ssp. 54348 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations decumbens in the Jepson Manual Galium californicum ssp. sierrae is a land. Some populations of S. layneae (Whetstone and Atkinson 1993). softly hairy perennial herb in the coffee also occur on Federal land managed Fremontodendron californicum ssp. family (Rubiaceae). Four narrow leaves either by the Forest Service or BLM. decumbens is a branched spreading are arranged at each node. The pale One site is on land managed by CDF and shrub of the cacao family (Sterculiaceae) yellow flowers, which are clustered at CDFG. Residential and commercial growing to 1.3 m (4 ft) tall. Dense star- the tips of stems, appear in May and development, road maintenance, change shaped hairs cover the leaves and the June. Minute hairs cover the fleshy fruit. in fire frequency, off-road vehicle use, younger twigs and branchlets. The Galium californicum ssp. sierrae can be competition with invasive alien leaves of the subspecies are elliptic- distinguished from other subspecies of vegetation, excessive horse grazing ovate to ovate, shallowly or deeply G. californicum by its very narrow practices, mining, and other human- palmately lobed with 5 to 7 lobes. leaves. caused conditions threaten and are Showy light-orange to reddish-brown Galium californicum ssp. sierrae is responsible for the declining trend for S. flowers appear from late April to early restricted to one localized area—Pine layneae (CDFG 1990b, CNDDB 1994). July. Its fruit is a capsule. Hill and surrounding ridges to the west Fremontodendron californicum ssp. within a distance of approximately 4 km Previous Federal Action decumbens can be distinguished from F. (2.5 mi) (Baad and Hanna 1987). The Federal government actions on the californicum ssp. californicum and F. subspecies grows in oak woodland five plants began as a result of section mexicanum by its decumbent growth areas, including sites with ponderosa 12 of the Act of 1973, as amended (16 habit, its relatively long peduncles, and pine and gray pine (Wilson 1986). U.S.C. 1531 et seq.), which directed the its copper-orange flowers. Galium californicum ssp. sierrae occurs Secretary of the Smithsonian Institution Fremontodendron californicum ssp. primarily on private land. BLM manages to prepare a report on those plants decumbens occurs on scattered rocky the land where at least one population considered to be endangered, outcrops either in chaparral or in the occurs. CDF and CDFG manage one site threatened, or extinct in the United ecotone between woodland and as well. Residential development, road States. This report, designated as House chaparral. The subspecies depends on construction, grazing by horses, and Document No. 94–51, was presented to fire to promote seed germination, and irrigation threaten G. californicum ssp. Congress on January 9, 1975, and Boyd (1996) documented that seeds are sierrae. Restricted distribution and included Fremontodendron decumbens dispersed by ants. It is only known from limited numbers of individuals make it (now known as Fremontodendron one localized area near Pine Hill in susceptible to catastrophic events such californicum ssp. decumbens), Galium western El Dorado County scattered as disease or pest outbreak, severe californicum ssp. sierrae, and Senecio within an area of approximately 2,000 drought, or other natural disasters. layneae as endangered and Ceanothus ha (5,000 ac). Although there are some Kate Brandegee Layne-Curran roderickii as threatened. The Service reports of F. californicum ssp. collected the type specimen for Senecio published a notice on July 1, 1975, (40 decumbens occurring in some small layneae in May 1883 from El Dorado FR 27823) of its acceptance of the report scattered populations in Yuba or County, California, on Sweetwater of the Smithsonian Institution as a Nevada County, other reports describe Creek, not far from Folsom. E. L. Greene petition within the context of section these individuals as aberrant F. first described S. layneae in 1883 4(c)(2) (petition provisions are now californicum ssp. californicum. (Greene 1883). Although Asa Gray found in section 4(b)(3) of the Act) and Fremontodendron californicum ssp. reduced S. layneae to a variety of S. its intention thereby to review the status decumbens occurs primarily on private fastigiatus (1884), the species currently of the plant taxa named therein. The land, but one site is on BLM land. CDF is known as S. layneae (Barkley 1993). above four taxa were included in the and CDFG also own another site. The type population is now thought to July 1, 1975, notice. On June 16, 1976, The largest population of be extirpated due to inundation by the Service published a proposal (41 FR Fremontodendron californicum ssp. Folsom Lake. 24523) to determine approximately decumbens is on the Pine Hill Senecio layneae is a perennial herb of 1,700 vascular plant species, including Ecological Reserve managed by CDFG. the aster family (Asteraceae) that Calystegia stebbinsii, F. decumbens, G. The proximity of this plant to human sprouts from a rootstock. Its mostly californicum ssp. sierrae, and S. population centers and intensive basal lance-shaped leaves are 8 to 24 cm layneae, to be endangered species development activities renders F. (3 to 10 in) long. The several flower pursuant to section 4 of the Act. The list californicum ssp. decumbens vulnerable heads are 4 to 6 cm (2 to 3 in) wide each of 1,700 plant taxa was assembled on to the long-term effects of fire having 5 to 8 orange-yellow ray flowers the basis of comments and data received suppression. The restricted distribution and numerous yellow disk flowers. by the Smithsonian Institution and the of the subspecies increases its Senecio layneae flowers between April Service in response to House Document susceptibility to catastrophic events and June. No. 94–51 and the July 1, 1975, Federal such as disease or pest outbreak, severe Senecio layneae grows in open rocky Register publication. drought, or other natural or human- areas within chaparral plant General comments received in caused disasters. In addition, residential communities, primarily on gabbro- relation to the 1976 proposal were and commercial development derived soil formations and occasionally summarized in an April 26, 1978, (including unregulated grading for on serpentine soils. Most known sites publication (43 FR 17909). The Act homes or barns on existing large are scattered within a 16,200 ha (40,000 Amendments of 1978 (Amendments) parcels), and trash dumping threaten F. ac) area in western El Dorado County required the Secretary to withdraw all californicum ssp. decumbens. that includes the Pine Hill intrusion and proposals not adopted as final The type specimen for Galium adjacent serpentine. A few other regulations within two years from their californicum ssp. sierrae was collected colonies occur in the Eldorado National publication in the Federal Register. 1.7 km (1 mi) north of Pine Hill Lookout Forest in El Dorado County and in the Proposals published before the date of in western El Dorado County, California. BLM Red Hills Management Area in enactment of the Amendments could be Lauramay Dempster and G. Ledyard Tuolumne County (BioSystems withdrawn before the end of a 1-year Stebbins (1968) described G. Analysis, Inc. 1984). Senecio layneae grace period. On December 10, 1979, the californicum ssp. sierrae. primarily occurs on privately owned Service published a notice of Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54349 withdrawal (44 FR 70796) of the June 4(b)(3)(B)(iii) of the Act. Notification of of Supervisors, BLM, California 16, 1976, proposal, along with four this finding was published on January Cattlemen’s Association, California other proposals that had expired. 20, 1984 (49 FR 2485). Such a finding Department of Forestry and Protection, The Service published an updated requires the petition to be recycled, and California Native Plant Society Notice of Review for plants on pursuant to section 4(b)(3)(C)(I) of the (CNPS), submitted comments. Several December 15, 1980 (45 FR 82480). This Act. The finding was reaffirmed individuals commented more than once. notice included Calystegia stebbinsii, annually in October of 1983 through Ten commenters supported, 25 Fremontodendron decumbens, Galium 1993. Publication of the proposed rule opposed, and three were neutral on the californicum ssp. sierrae, and Senecio constituted the final finding for the proposed action. layneae as category 1 candidates for petitioned action. In response to the publication of the Federal listing, and Ceanothus A proposal to list Calystegia proposed rule, Daniel Macon, Director roderickii as a category 2 candidate. stebbinsii, Ceanothus roderickii, of Industry Affairs, California Category 1 taxa were those for which the Fremontodendron californicum ssp. Cattlemen’s Association; William Service had on file substantial decumbens, and Galium californicum Hazeltine, Environmental Consultant, information on biological vulnerability ssp. sierrae as endangered and Senecio Oroville, California; and Robert Feusi, and threats to support preparation of layneae as threatened was published on Gardner-Feusi Company, Sacramento, listing proposals. Category 2 taxa were April 20, 1994 (59 FR 18774). The California requested a public hearing in those for which data in the Service’s proposal was based on information letters dated May 2, 1994, April 4, 1994, possession indicated listing was supplied by reports to the California and June 3, 1994 respectively. Notice of possibly appropriate, but for which Diversity Database; observations and the public hearing was published in the substantial data on biological studies by numerous botanists; and Sacramento Bee (June 14, 1994), a vulnerability and threats were not reports by EIP associates, Jones & Stokes newspaper with a large circulation, as known or on file to support proposed Associates, and Biosystems Analysis, well as in the Placerville Mountain rules. On November 28, 1983, the Inc. Democrat (June 15, 1994), and the Grass Service published a supplement to the The processing of this final listing Valley Union (June 14, 1994). A public Notice of Review (48 FR 53640). This rule conforms with the Service’s final hearing was held at the Radisson Hotel supplement changed C. stebbinsii, F. listing priority guidance published on in Sacramento on June 30, 1994, from 6 decumbens, G. californicum ssp. sierrae, May 16, 1996 (61 FR 24722). The pm. to 8 pm. Twenty people presented and S. layneae from category 1 to guidance clarifies the order in which the oral and written testimony. category 2 candidates. Service will process rulemakings Written comments and oral The September 27, 1985 (50 FR following two related events, the lifting, statements presented at the public 39526), plant Notice of Review included on April 26, 1996, of the moratorium on hearing and received during the Calystegia stebbinsii, Ceanothus final listings imposed on April 10, 1995 comment period are addressed in the roderickii, Fremontodendron (Public Law 104–6) and the restoration following summary. Comments of a californicum ssp. decumbens (as of significant funding for listing through similar nature are grouped together into Fremontodendron decumbens), Galium passage of the omnibus budget general issues. These issues and the californicum ssp. sierrae, and Senecio reconciliation law on April 26, 1996, Service’s responses are presented below. layneae as category 2 candidates. The following severe funding constraints Issue 1: Many commenters expressed February 21, 1990 (55 FR 6184), and imposed by a number of continuing concern that the listing would September 30, 1993 (58 FR 51144), plant resolutions between November 1995 negatively impact property owners’ notices of review included C. roderickii and April 1996. The guidance calls for ability to clear vegetation from around and F. californicum ssp. decumbens (as giving highest priority to handling their homes for fire protection. One F. decumbens) as category 1 candidates emergency situations (Tier 1) and commenter stated the listing may be in and C. stebbinsii, G. californicum ssp. second highest priority (Tier 2) to opposition to the State fire codes sierrae, and S. layneae as category 2 resolving the listing status of the requiring ‘‘defensible space’’ for fire candidates. On February 28, 1996, the outstanding proposed listings. This final protection. Others thought that Service published a Notice of Review in rule falls under Tier 2. ‘‘homeowners who removed vegetation the Federal Register (61 FR 7596) that Summary of Comments and around their homes for fire protection discontinued the use of categories and Recommendations could be deemed criminals.’’ removed former category 2 species from Service Response: Removing listed candidate status. In the April 20, 1994, proposed rule plants from one’s own land is not Section 4(b)(3)(B) of the Act requires and associated notifications, all prohibited by the Act. Listing the five the Secretary to make certain findings interested parties were requested to plants as endangered or threatened on pending petitions within 12 months submit factual reports or information would not prohibit the cutting of a of their receipt. Section 2(b)(1) of the that would contribute to the defensible space around an individual’s 1982 amendments further required that development of a final rule. A 90-day residence. Other activities that do not all petitions pending on October 13, comment period closed on July 19, violate section 9(a)(2) of the Act, as well 1982, be treated as having been newly 1994. Appropriate Federal and State as prohibited acts, are discussed further submitted on that date. This was the agencies, county and city governments, under ‘‘Conservation Measures.’’ case for Ceanothus roderickii, scientists, and interested parties were Issue 2: Several people expressed Fremontodendron californicum ssp. contacted and requested to comment. concerns regarding the adverse decumbens, Galium californicum ssp. The Service published notices in the economic impact listing would have on sierrae, and Senecio layneae because the Sacramento Bee on May 6 and 12, 1994, the economy of El Dorado County. 1975 Smithsonian report was accepted Placerville Mountain Democrat on May Service Response: Under section as a petition. On October 13, 1982, the 9, 1994, and Grass Valley Union on May 4(b)(1)(A), a listing determination must Service found that the petitioned listing 6, 1994, inviting general public be based solely on the best scientific of these species was warranted but comment. Thirty-eight individuals or and commercial data available. The precluded by other pending listing agencies, including State and Federal legislative history of this provision actions in accordance with section congressmen, El Dorado County Board clearly states the intent of Congress to 54350 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

‘‘ensure’’ that listing decisions are requires mitigation for projects that development and implementation of ‘‘based solely on biological criteria and adversely affect listed species as well as recovery plans, Service policy (59 FR to prevent non-biological considerations those that qualify for State listing; 34270) solicits active participation by from affecting such decisions,’’ H. R. however, many mitigation attempts do the scientific community, local, State, Rep. No. 97–835, 97th Cong. 2d Sess. 19 not secure long-term protection for such and Federal agencies, Tribal (1982). As further stated in the plants (Howald 1993). The failure of governments, and other interested legislative history, ‘‘Applying economic existing regulatory mechanisms to parties. criteria * * * to any phase of the adequately protect the plants are further Issue 8: A few commenters stated that species listing process is applying discussed under Factor D. the Service had not adequately notified economics to the determinations made Issue 5: Several commenters the public regarding the proposed rule. under section 4 of the Act and is questioned the necessity for listing the Another commenter requested to have specifically rejected by the inclusion of species now, since the species have the hearings held locally. the word ‘‘solely’’ in this legislation,’’ H. been under consideration for Federal Service Response: The Service R. Rep. No. 97–835, 97th Cong. 2d Sess. listing for 19 years, and contended that published a notice of the proposed rule 19 (1982). Because the Service is the reason the taxa were being proposed regarding these five plants in the precluded from considering economic was because of a lawsuit settlement Federal Register on April 20, 1994 (59 impacts in a final decision on a agreement between the Service and FR 18774). The Service mailed 50 proposed listing, the Service has not CNPS rather than on purely scientific notifications of the proposed rule to examined such impacts. grounds. Federal, State, county entities, species Issue 3: Several commenters stated Service Response: While the CNPS experts, and other individuals to solicit that specific data used in preparation of lawsuit settlement may have brought their input. Additionally, the Service the proposed rule were unavailable for more public attention to declining paid for the publication of public review and comment. California plant species, the suit does notices regarding the proposed rule in Service Response: The proposed rule not change the standards by which the following newspapers—Sacramento summarized and cited available species are evaluated for potential Bee, Placerville Mountain Democrat and scientific and commercial information. listing. As stated under Issue 2 above, the Grass Valley Union. In response to The supporting documentation was the Endangered Species Act directs the the requests for a public hearing, the available during the public comment Service to list species on the basis of Service announced the scheduling of a period for review as stated in the biological vulnerability. public hearing in the Federal Register proposed rule. Two individuals Issue 6: A few commenters stated that on June 9, 1994 (59 FR 29778), and requested to review this documentation. the Service must prepare an shortly thereafter published additional Issue 4: Several commenters Environmental Impact Statement (EIS), notices in the Sacramento Bee, a local requested either no further action be pursuant to the National Environmental newspaper with a large circulation, the undertaken with the listing process of Policy Act (NEPA), on this rule. Placerville Mountain Democrat, and the these five plants because of the Service Response: For the reasons set Grass Valley Union. The Service also existence of the El Dorado County out in the NEPA section of this mailed notification of the public hearing preserve system plan, or that efforts be document, the Service has determined to a variety of interested parties. postponed until local attempts to that the rules issued pursuant to section Issue 9: One commenter stated that conserve the species are completed. 4(a) of the Act do not require the the Service needs to complete a Several commenters also contended that preparation of an EIS. The Federal Regulatory Impact Analysis, as directed adequate regulatory mechanisms courts have held in Pacific Legal by Presidential Executive Order 12630, currently are in place to protect the Foundation v. Andrus, 657 F.2d 829 for the proposed rule to list the five plants, through the California (6th Circuit 1981), that an EIS is not plants. Three commenters were Environmental Quality Act (CEQA) and required for listing under the Act. The concerned about the listing violating the California Endangered Species Act Sixth Circuit decision noted that private property rights within the Fifth (CESA). preparing an EIS on listing actions does and Fourteenth Amendments to the U.S. Service Response: As discussed in not further the goals of NEPA or the Act. Constitution. Factor D, in the ‘‘Summary of Factors Issue 7: Many commenters indicated Service Response: Regarding Affecting the Species’’ section, the that the Service should designate Executive Order 12630, Governmental preserve system approved in concept by critical habitat. One commenter stated Actions and Interference with the El Dorado County Board of ‘‘without the process of assessing and Constitutionally Protected Property Supervisors generates no habitat designating critical habitat, the public Rights, the Attorney General has issued acquisition funding, provides no clear will be denied its statutory right to implementation guidelines to the mechanism to protect habitat, and fails participate in the development of a Department of the Interior (Department). to include a preserve in the southern rational and effective recovery plan.’’ Under these guidelines, a special rule part of the gabbro-derived soil Service Response: The Service has applies when an agency within the formation. The Service agrees that local concluded that, at this time, the danger Department is required by law to act ecosystem planning can be an effective posed to the five plant species by without exercising its usual discretion— way to coordinate conservation and designating critical habitat outweighs that is, to act solely upon specified development objectives, and we any potential benefit. As discussed in criteria that leave the agency no encourage El Dorado County in its the ‘‘Summary of Factors Affecting the discretion. planning effort. However, the present Species’’ section, all five plants could be In this context, an agency’s action status of the County plan does not adversely affected by acts of vandalism might be subject to legal challenge if it provide sufficient assurances for habitat if the sites become known through the did not consider or act upon economic protection. critical habitat designation process. In information. In these cases, the Attorney The only protection given to State- addition, as discussed further under the General’s guidelines state that Taking listed species is the requirement that ‘‘Critical Habitat’’ section, the potential Implications Assessments (TIAs) shall landowners give CDFG 10 days notice of benefit gained by designating critical be prepared after, rather than before, the any land use change. The CEQA habitat is limited. Regarding agency makes the decision upon which Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54351 its discretion is restricted. The purpose Issue 12: One commenter stated that et al. 1975). The Service agrees that of the TIAs in these special listing the species would cause needless cattle and other domestic livestock can circumstances is to inform policy duplication with the State process. be managed to achieve natural resource makers of areas where unavoidable Service Response: Federal and State objectives, including a diversity of taking exposures exist. Such TIAs shall regulations often complement each habitats for many species of plants and not be considered in the making of other. For example, as discussed in wildlife. administrative decisions that must, by Factor D in the ‘‘Summary of Factors To determine the effects of grazing, law, be made without regard to their Affecting the Species’’ section, the site specifics of the management regime economic impact. In enacting the CEQA and CESA apply only to actions need to be considered and evaluated. Endangered Species Act, Congress on private and State lands. Whereas, the Grazing by cattle in rangeland situations required that listings be based solely Act primarily covers Federal land and currently does not appear to be affecting upon scientific and commercial data Federal actions that may affect proposed these plants on the Pine Hill intrusion. indicating whether or not the species and listed species. As discussed in Factor C, the principal are in danger of extinction. Thus, by law Issue 13: Some commenters believed impact on the plants under and U.S. Attorney General guidelines, no specific justification for listing exists, consideration is consumption that the Service is forbidden to conduct such or questioned the adequacy of the data. results when horses are paddocked on TIAs prior to listing. One commenter believed that many of small rural residential lots of Regarding personal property rights the items listed in the proposed rule insufficient size to provide adequate within the Fifth and Fourteenth were wholly inaccurate and did not forage or pasture. amendments, the mere promulgation of support the listing. One commenter Issue 15: One commenter stated that a regulation is rarely sufficient to stated the listing should be based on there has been no further degradation or establish that private property has been good science and local peer review. destruction of habitat of any kind since Service Response: Specific taken unless the regulation denies the 1989. justification for listing the five plant Service Response: While public property owner all economically viable species is summarized in Factors A awareness of the importance of use of personal property. Listing through E. The Service used information protecting plant habitat has increased, pursuant to the Act does not restrict all received from the CNDDB, botanical as discussed in Factors A and E, the uses of one’s land. Property owners collections, knowledgeable botanists, primary threat facing these plants cannot establish that their properties and from studies specifically directed at remains habitat destruction and have been taken as a result of a gathering the information on the fragmentation from urbanization, road regulatory action such as the listing of distribution and threats to the five construction, and increased human a species until development proposals plants. Additionally, information was activity. are denied. Property owners must apply received from Federal, State, and local Issue 16: One commenter was for all available permits and waivers agencies, and professional botanists concerned about what happens when a before takings potentially could be during the preparation of the proposed species that is thought to be rare is established. rule. Destruction, loss of habitat, and listed and new populations are Issue 10: One commenter believes the extirpation of populations of these subsequently found. only threat to the plants is the natural plants from a variety of causes have Service Response: If scientific or progression of chaparral and change in been documented. As discussed in Issue commercial information indicates a fire frequency. 8, the Service sought comments on the species is much more abundant or Service Response: As discussed proposed rule from Federal, State, widely spread than is currently thought further in the ‘‘Summary of Factors county entities, species experts, and and/or a species is no longer Affecting the Species’’ section, other individuals. All substantive new endangered or threatened by any of the numerous threats imperil these five data received during the public five factors, a species may be delisted. species including urbanization and its comment period have been incorporated The process for delisting a species is ensuing habitat fragmentation, road into the final rule. similar to the process for listing a construction and maintenance, grading, Issue 14: One commenter stated that species. Although additional herbicide spraying, off-road vehicle use, grazing by cattle and other ungulates populations of the five proposed plants change in fire frequency, unauthorized has been a historical and integral could be found, it is unlikely that many dumping, overgrazing by horses, component of the central Sierran populations would contain large competition from invasive alien ecosystem, and that properly managed numbers. As discussed in the vegetation, and mining. grazing by cattle and other domestic ‘‘Introduction’’ and ‘‘Summary of the Issue 11: One commenter stated livestock can create the habitat Factors Affecting the Species’’ sections, Calystegia stebbinsii should not be conditions and vegetative diversity these plants are habitat specific listed because it needs disturbance. This required by many species of plants and endemics that are exposed to range- commenter also noted that this plant wildlife. wide human related threats. would not be around after 5 to 10 years Service Response: The commenter did Issue 17: One commenter stated that without disturbance. not provide specific information on the managing fire on smaller rather than Service Response: Limited surface role of domestic livestock in the gabbro- larger units is both practical and often disturbance benefits Calystegia derived/serpentine habitat of the five more ecologically beneficial due to the stebbinsii in certain circumstances by plants. However, assuming the area greater control that can be achieved. promoting initial establishment, though, referred to includes chaparral, wild Service Response: The Service agrees the type and amount of disturbance the ungulates and other herbivores, such as that fire can be applied in a more plant can tolerate is important. Whereas deer and rabbit species, have been an precise way on smaller units than larger occasional disturbance for scarification integral component of the ecosystem. units. The Service desires to work of seed may be beneficial, other types of Chaparral characteristically does not cooperatively with local fire disturbance, such as mowing once the produce high amounts of grass and, management agencies in designing plant is growing, or construction, would typically, is not an important source of prescriptions that accommodate public be detrimental to the species’ survival. forage for domestic livestock (Stoddart safety and plant conservation objectives. 54352 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

Issue 18: One commenter claimed that determine whether or not listing is least 80 percent of the occurrences for the Service has no jurisdiction over the appropriate. these five plant species are on private five proposed species because at least 80 Section 7(a)(2) requires Federal land. They primarily occur on the Pine percent of the existing populations agencies to insure that activities they Hill intrusion, an area of approximately occur on private land. authorize, fund, or carry out are not 10,400 ha (25,700 ac) in western El Service Response: Section 4 of the Act likely to jeopardize the continued Dorado County. A few isolated directs the Service to evaluate species existence of listed species or to destroy occurrences of Calystegia stebbinsii or for listing based on biological or adversely modify its critical habitat. Senecio layneae are known from El information only. The five factors on If a Federal action may affect a listed Dorado, Nevada, and/or Tuolumne which the biological vulnerability of species or its critical habitat, the counties (EIP Associates 1991, CNDDB species are evaluated are discussed in responsible Federal agency must enter 1994). The primary threat facing these the ‘‘Summary of Factors Affecting the into formal consultation with the five species and their associated habitat Species’’ section. Land ownership is not Service. is the ongoing and threatened a factor used to determine whether Issue 21: Two commenters noted destruction and modification of habitat listing is appropriate. confusion regarding the amount of by one or more of the following— Issue 19: Two commenters were habitat that is federally owned. urbanization and the ensuing habitat Service Response: The Service wishes concerned about the additional time fragmentation, road construction and to clarify the figures within the that might be added to implementing a maintenance, off-road vehicle use, and proposed rule. The Service arrived at controlled burn program due to the mining. the reported 80 percent of occurrences section 7 consultation process. One Nearly all the remaining occurrences being on private land at by dividing the commenter wanted the Public Agencies of the five species are threatened by number of occurrences on private land Prescribed Burn Plan and destruction of habitat through by the total number of occurrences. It is Environmental Review to be accepted in residential or commercial development. not a percentage of the habitat that is lieu of the section 7 process. The other The human population of the four federally owned. The 10,400 ha (25,700 commenter wanted special rules to counties just east of the Sacramento ac) referred to in the rule is the area of metropolitan area (Nevada, Placer, El advocate professionally planned and the gabbro-derived soils. The 16,200 ha implemented prescribed burning. Dorado, and Amador) increased 375 (40,000 ac) within the rule refers to an percent between 1960 and 1992 Service Response: The Service area that includes the gabbro-derived (Engellenner 1993). El Dorado County, recognizes the importance of properly soils plus adjacent serpentine soils in which has a projected population timed prescribed burns as a western El Dorado County. Within this growth of 54 percent between 1990 and conservation measure, not only for 16,200 ha area, 95 percent of the land 2005, is one of the most rapidly growing maintaining habitat, but also for is outside Federal ownership (John counties in California (California protecting human life and personal Upton, County of El Dorado, in litt. Department of Finance 1991, Jones and property. At least 80 percent of the 1994). Stokes Associates 1992). In 1991, the occurrences of these plants are on population grew by 4.2 percent; faster private land. No special rules are Summary of Factors Affecting the Species than the projected growth rate of 3.6 needed to facilitate private land percent (California Department of burning. Prescribed burning on private After a thorough review and Finance 1992). Western El Dorado land would not be subject to section 7 consideration of all information County is becoming a bedroom consultation. Section 7 of the Act available, the Service has determined community, as it is easily accessible by requires Federal agencies to evaluate that Calystegia stebbinsii, Ceanothus freeway from several nearby cities their actions with respect to any species roderickii, Fremontodendron including Sacramento. Most of the new that is proposed or listed as endangered californicum ssp. decumbens, Galium residential growth in El Dorado County or threatened. A programmatic section 7 californicum ssp. sierrae should be is expected to occur within western El consultation could be performed for classified as endangered species and Dorado County near Highway 50 (Jones prescribed burns on Federal lands to Senecio layneae should be classified a and Stokes Associates 1992), which eliminate the need to consult on each threatened species. Procedures found at crosses the southern portion of the Pine prescribed burn activity. section 4(a)(1) of the Act and regulations Hill intrusion. Issue 20: A few commenters implementing the listing provisions of Within the gabbro-derived soil and expressed concern regarding the impact the Act (50 CFR part 424) were adjacent serpentine formations in of listing the plants to private property followed. A species may be determined western El Dorado County, 39 proposed owners when Federal funding to be endangered or threatened species development projects, which variously permitting is required. A couple of due to one or more of the five factors threaten to fragment the habitat of all commenters stated the listing would described in section 4(a)(1). These five species, are currently on file with infringe on local water rights issues, factors and their application to El Dorado County. Development including Federal involvement in any Calystegia stebbinsii Brummitt currently is planned for approximately Auburn Dam work. (Stebbins’ morning-glory), Ceanothus 8.5 percent of this 16,200 ha (40,000 ac) Service Response: Section 4 of the Act roderickii Knight (Pine Hill ceanothus), area. In addition, the El Dorado County directs the Service to evaluate species Fremontodendron californicum ssp. General Plan update proposes the for listing based on biological decumbens (Lloyd) Munz (Pine Hill conversion of vacant and agricultural information only. The five factors on flannelbush), Galium californicum H. & land to various residential uses within which the biological vulnerability of A. ssp. sierrae Dempster & Stebbins (El the 38,400 ha (95,000 ac) western species are evaluated are discussed in Dorado bedstraw), and Senecio layneae service area of the El Dorado County the ‘‘Summary of Factors Affecting the Greene (Layne’s butterweed) are as Irrigation District (EID) (Jones and Species’’ section. Impact to private follows: Stokes Associates 1992), which landowners when Federal funding is A. The present or threatened encompasses nearly the entire Pine Hill involved, or infringement on local water destruction, modification, or intrusion. It is estimated that at least 50 rights issues are not factors used to curtailment of its habitat or range. At percent of the Pine Hill intrusion is Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54353 within the EID boundary (Kirsten Tarp, due to change in fire frequency (Soule´ Road-widening also threatens the Fish and Wildlife Service, pers. comm. et al. 1992). These and other effects of habitat of C. roderickii at one site 1996). fragmentation are discussed further. (CNDDB 1994). Off-road vehicle use The proposed land uses within the Twelve potential preserve sites were degrades the habitat at three sites in the western service area of the EID include identified as the best remaining habitat northern part of the area (CNDDB 1994). a 1,000 percent increase in single family for the five plants on the Pine Hill Construction of houses on and near residences (from a current level of 1,857 intrusion and adjacent serpentine (EIP Pine Hill resulted in the loss of many ha (4,589 ac) to 20,254 ha (50,047 ac)) Associates 1991). Within these 12 sites, individuals of Fremontodendron and a doubling of the rural residential at least 11 residential or commercial californicum ssp. decumbens (George uses (from 7,630 ha (18,860 ac) to projects (Bass Lake Estates, Cameron Clark, in litt. 1993). Land clearing 15,780 ha (39,000 ac)) (Jones and Stokes Ridge, Fremont’s Peak, Kanaka Valley, activities that occur with road Associates 1992). The El Dorado County Pinnacles, Ponderosa 50, Sunset construction also threaten F. Water Agency proposed the Heights, Woodleigh Ridge, and three californicum ssp. decumbens. In 1968, construction of either additional dams, approved parcel splits) are proposed (El all the vegetation along the Pine Hill water storage facilities, or water Dorado County Planning Staff 1992). approach road was cut. In 1969, the conveyance lines on the South Fork of These projects threaten all five plants to west slope of Pine Hill was cleared by the American River (Jones and Stokes varying degrees by directly destroying the CDF, demolishing 80 percent of the Associates 1992, El Dorado County individual plants or further fragmenting F. californicum ssp. decumbens within Water Agency 1993). The subsequent and destroying their habitat. the boundaries of the current Pine Hill induced growth would affect all five Activities often associated with rural Ecological Reserve (Baad and Hanna species in both the northern and residential areas, such as clearing 1987). Most of these shrubs have southern portions of the Pine Hill chaparral for fire protection around resprouted. Presently, the Pine Hill intrusion and adjacent serpentine, either houses, bulldozing land (to build houses Ecological Reserve, managed by CDFG, by further fragmenting the habitat (as or other structures), planting fruit trees, has the largest occurrence of F. discussed below) or by directly and irrigation, also have modified the californicum ssp. decumbens. destroying habitat. The expanding habitat within western El Dorado No known extirpations of Galium number of people and changes in land County (James Jokerst, Jones and Stokes californicum ssp. sierrae due to uses will continue to place an Associates, pers. comm. 1993; Jo Van residential or commercial development increasing strain on undeveloped areas Ess, California State University, have occurred. However, as discussed through activities such as off-road Sacramento, pers. comm. 1993). The above, residential or commercial vehicle traffic, unauthorized garbage ongoing repetitive clearing of chaparral development and activities associated dumping, and changes in the pattern of destroys the habitat. Irrigation involved with rural residential areas threaten G. wildfires. with lawn maintenance also adversely californicum ssp. sierrae within the Historical gold rush activities and affects these species (Jo Van Ess, pers. potential reserve area identified as the clearing for agriculture reduced and comm. 1993; James Jokerst, pers. comm. best remaining habitat. Galium fragmented habitat of the five plants. 1993). californicum ssp. sierrae has a small Currently, these plants face threats from Commercial and residential population size and a restricted habitat fragmentation associated with development has extirpated at least one- distribution almost entirely on private commercial and residential third of the known occurrences of land. development and road construction. Calystegia stebbinsii (CDFG 1990a, Commercial and residential Fragmentation splits habitat into CNDDB 1994). Most of the remaining development extirpated two smaller, more isolated units and has two occurrences for C. stebbinsii are on the occurrences of Senecio layneae (CNDDB primary effects. First, habitat Pine Hill intrusion. All of these sites, 1994). Many of the remaining fragmentation may alter the physical except for those in the northern part, are occurrences of S. layneae are in areas environment, changing the amount of in areas threatened by rapid residential undergoing rapid commercial and incoming solar radiation, water, wind, and commercial development as residential development. Senecio or nutrients for the remnant vegetation discussed above. Habitat for C. layneae is also potentially threatened by (Saunders et al. 1991). Second, a higher stebbinsii in Nevada County is a variety of disturbances including road proportion of these fragmented natural threatened by a proposed County works maintenance, vegetation removal, and areas is subject to influences from project (CDFG 1990a). off-road vehicle use (CNDDB 1994). external factors (e.g., additional Other human activities also destroy or Road widening occurs in the vicinity of development, lawn and garden damage habitat of Calystegia stebbinsii. development within El Dorado County, watering, herbicide drift, and off-road One occurrence was adversely impacted and this activity has already extirpated vehicular use) that disrupt natural by grading for construction (CNDDB one occurrence and threatens an ecosystem processes. 1994). Off-road vehicle use has additional five sites (CNDDB 1994). The vegetation structure on the Pine adversely impacted the habitat of C. Intensive off-road vehicle use threatens Hill intrusion has changed significantly stebbinsii at one site (CNDDB 1994). In two additional occurrences of this due to commercial and residential the northern part of the Pine Hill species (CNDDB 1994). Off-road vehicle development, road construction, and intrusion, several hills are scarred with use occurred historically in Tuolumne historical fragmentation. Hunter and off-road vehicle tracks. Erosion County on BLM land, but this activity Horenstein (1991) characterized promoted by scarring adversely no longer occurs there. Currently, off- vegetation structure on the Pine Hill modifies the habitat. Road maintenance road vehicle use occurs on two sites intrusion and estimated the median and herbicide spraying potentially within the Pine Hill intrusion on patch size to be only 11 ha (27 ac). This threaten another site of C. stebbinsii that privately owned land. One site of S. degree of fragmentation is significant occurs along a road cut (CNDDB 1994). layneae in the northern part of the within chaparral because plant species Shopping center construction and intrusion is impacted by heavy off-road will disappear from fragments between other commercial development vehicle use and has been fragmented by 10 and 100 ha (25 to 250 ac) in size due extirpated two occurrences of the numerous roads that traverse the to persistent disturbance and potentially Ceanothus roderickii (CNDDB 1994). entire area. A southern site of S. layneae 54354 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations that occurs across 89 ha (221 ac) was gardens. Disease is not known to be a with primary authority or jurisdiction cleared in preparation for development factor for any of the other taxa. over the project is designated as the lead and is subject to off-road vehicle use Intense insect and rodent predation agency and is responsible for over part of the site (CNDDB 1994). occurs on Fremontodendron conducting a review of the project and Habitat for Senecio layneae within the californicum ssp. decumbens. Boyd and consulting with the other agencies Traverse Creek Botanical Area in Serafini (1992) studied reproductive concerned with the resources affected Eldorado National Forest historically attrition in F. californicum ssp. by the project. Section 15065 of the was fragmented by serpentine decumbens. They found that less than 2 CEQA Guidelines requires a finding of quarrying. In addition, mining claims percent of flower buds produced fruit significance if a project has the potential for semi-precious stones and gold exist because of predation by insects. In to ‘‘reduce the number or restrict the on S. layneae habitat in the Eldorado addition, rodents destroyed 90 percent range of a rare or endangered plant or National Forest. Although the Eldorado of seeds under shrubs within 8 to 10 animal.’’ Species that are eligible for National Forest is trying to withdraw months (Boyd and Serafini 1992). listing as rare, threatened, or these claims, the withdrawal action may Because F. californicum ssp. decumbens endangered are given the same not be achieved (Mike Foster, Eldorado is very restricted in range and few protection as species officially listed National Forest, pers. comm. 1993). individuals exist, this predation under State or Federal endangered Destruction and fragmentation of increases the chance for extinction as species acts. Once significant effects are habitat by commercial and residential discussed under Factor E. identified, the lead agency has the development is the most significant and Overgrazing by horses in rural option to require mitigation for effects imminent threat facing Calystegia residential areas within the Pine Hill through changes in the project or to stebbinsii, Ceanothus roderickii, intrusion threatens Calystegia stebbinsii, decide that overriding considerations Galium californicum ssp. sierrae, and Fremontodendron californicum ssp. make mitigation infeasible. In the latter Senecio layneae. The horses, when decumbens, Galium californicum ssp. case, projects may be approved that confined, severely graze virtually all sierrae, and Senecio layneae. Proposed cause significant environmental available vegetation. residential or commercial development damage, such as destruction of Documentation of population endangered species and their habitats. within the Pine Hill intrusion, extirpations as a result of disease and combined with growth likely induced Protection of listed species through predation does not exist. However, as CEQA is, therefore, dependent upon the by proposed dams on the South Fork of discussed under Factors A and E, small the American River, threaten the discretion of the lead agency. population size and fragmentation Section 21080(b) of CEQA allows majority of sites within the Pine Hill increases the plants’ vulnerability to certain projects to be exempted from the intrusion and adjacent serpentine in predation. CEQA process. Ministerial projects, western El Dorado County and will D. The inadequacy of existing those projects that the public agency adversely impact most of the range of all regulatory mechanisms. Calystegia must approve after the applicant shows five taxa. Road widening, off-road stebbinsii is listed as an endangered compliance with certain legal vehicle use, garbage dumping, and other species under the CESA (chapter 1.5 requirements, may be approved or human-caused conditions associated sec. 2050 et seq. of the California Fish carried out without undertaking CEQA with increased development threaten and Game Code and Title 14 California review. individual occurrences of these five Code of Regulations 670.2). Ceanothus When development occurs and species throughout their respective roderickii, Fremontodendron individual project effects are mitigated ranges. californicum ssp. decumbens, Galium in accordance with the provisions in B. Overutilization for commercial, californicum ssp. sierrae, and Senecio CEQA, the developer often will set aside recreational, scientific, or educational layneae are listed by the State as rare. small natural areas within the purposes. Overutilization is not Individuals are required to obtain a development. These small ‘‘set asides’’ currently known to be a factor for the memorandum of understanding with the are vulnerable to the problems of habitat five plants, but unrestricted collecting CDFG to possess or ‘‘take’’ a species fragmentation as discussed further for scientific or horticultural purposes, listed under the CESA. Although the under Factors A and E. These small set vandalism, or excessive visits by ‘‘take’’ of State-listed plants is asides are impractical to manage for fire individuals interested in seeing rare prohibited (California Native Plant (discussed further under Factor E). Land plants could result from increased Protection Act, chapter 10 sec. 1908 and development and multiple ownership publicity. Two of the species included CESA, chapter 1.5 sec. 2080), State law makes difficult the planning and in this proposal, Ceanothus roderickii exempts the taking of such plants via implementation of controlled burns at and Fremontodendron californicum ssp. habitat modification or land use changes the appropriate fire frequency necessary decumbens, have been used by the owner. State law does not for the maintenance of chaparral. horticulturally (Schmidt 1993, necessarily prohibit activities that could Within El Dorado County over the Whetstone 1993), but they do not appear extirpate these species. After CDFG past several years, attempts have been to be threatened by collection in the notifies a landowner that a State-listed made to establish a preserve system to wild. plant grows on his or her property, State protect chaparral habitat. An initial C. Disease or predation. Disease is a law requires that the landowner notify report on preserve sites and rare plant potential factor for Fremontodendron the agency ‘‘at least 10 days in advance strategies, completed in November 1991, californicum ssp. decumbens. In of changing the land use to allow identified 12 potential preserve sites. In cultivation F. californicum ssp. salvage of such a plant’’ (Native Plant 1992, El Dorado County held public decumbens is highly susceptible to a Protection Act, chapter 10 sec. 1913). workshops concerning this report. A wilt disease that can kill the plant Ten days may not allow adequate time rare plant advisory committee, almost overnight (Knight 1972). This for agencies to coordinate the salvage of consisting of members from the mortality has not been observed in the the plants. development community, various field. Plants proximate to residences The CEQA requires a full disclosure agencies (CDFG, BLM, Service), El may be vulnerable to supplemental of the potential environmental impacts Dorado County planning staff, CNPS, moisture from irrigation of lawns or of proposed projects. The public agency and others, was established to identify Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54355 feasible preserve sites, funding periods. The authors further concluded 10 to 100 ha (25 to 250 ac) in size due mechanisms, and management strategies that these goals could be accomplished to persistent disturbance and potentially for these preserves. by controlled burns. to change in fire frequency (Soule´ et al. The County Board of Supervisors Initial studies also show seeds of 1992). In addition, habitat fragmentation evaluated the preserve sites identified Calystegia stebbinsii need disturbance increases the risks of extinction due to by the rare plant advisory committee by either heat or scarification for environmental, demographic, or genetic and eliminated the large southern germination (Tim Nosal, CDFG, pers. random events. preserve site. It approved in principle comm. 1993; Paul Boch, Nevada County Competition with invasive alien two other large preserve sites and the Agricultural Commissioner, in litt., vegetation and shading from native tree two small satellite sites; however, the 1993). Calystegia stebbinsii also is and shrub species potentially threaten majority of the Board would not associated with fire. At the Nevada Senecio layneae. Several alien plant consider any local funding to establish County landfill site, this species is more species, including Cytisus scoparius or maintain the preserves (George Clark, prevalent in the burned areas than in (Scotch broom), have become in litt. 1993; Kirsten Tarp, U.S. Fish and the unburned areas (Paul Boch, in litt. established within the Traverse Creek Wildlife Service, pers. obs. 1993). The 1993). Calystegia stebbinsii is Botanical Area in Eldorado National establishment and maintenance of a eliminated as soon as the surrounding Forest and potentially threaten this sufficient reserve system likely will not chaparral grows tall enough to shade it. occurrence of S. layneae (Duron 1990, occur without adequate funding. Excessive fire frequency also Pollak 1990). E. Other natural or manmade factors potentially threatens Ceanothus One occurrence of Senecio layneae is affecting its continued existence. roderickii and Fremontodendron thought to have been extirpated by road- Altered periodicity of fire (change in fire californicum ssp. decumbens. These side herbicide application (Oren Pollak, frequency) threatens Calystegia plants need sufficient time between The Nature Conservancy, pers. comm. stebbinsii, Ceanothus roderickii, burns to set enough seed to replenish 1993). This activity may threaten several Fremontodendron californicum ssp. the soil seedbank. Mature plants of F. other occurrences of this species. decumbens, and Senecio layneae. These californicum ssp. decumbens also need The Service has carefully assessed the plants occur within a fire-adapted plant to build up carbohydrate reserves to be best scientific and commercial community, either within chaparral or able to resprout after a fire (Boyd 1985). information available regarding the past, on the ecotone between chaparral and The suppression of fire and other present, and future threats faced by woodland. Fire suppression policies forms of disturbance threatens Senecio these species in determining to finalize have altered natural processes within layneae and Calystegia stebbinsii. this rule. Proposed residential and several plant communities in California. Limited surface disturbance is beneficial commercial development, and habitat Historically, fire occurred in chaparral to these species in certain circumstances fragmentation threaten all occurrences on the average of 3 to 5 times every 100 by promoting initial establishment of Calystegia stebbinsii, Ceanothus years (Boyd 1985). As described below, (James Jokerst, pers. comm. 1993). roderickii, Galium californicum ssp. fire is important for seed germination Senecio layneae appears to be an early sierrae, and Fremontodendron and seedling reestablishment by successional species that occupies californicum ssp. decumbens on the eliminating competition and shading, as temporary openings on gabbro-derived Pine Hill intrusion and adjacent well as replenishing nutrients to the or serpentine and is eliminated as serpentine formations in western El soil. Without periodic fires, the vegetation regrows in the openings Dorado County. Changes in fire previously mentioned four plants either (Baad and Hanna 1987). frequency threaten C. stebbinsii, C. do not reproduce by seed or may Competition with invasive alien roderickii, and F. californicum ssp. become shaded by other plants. In a vegetation, herbicide spraying, and decumbens, throughout their respective study of the effects of controlled unauthorized dumping threaten ranges. Senecio layneae is threatened by burning on three rare plants occurring individual occurrences of Calystegia development or habitat fragmentation on Pine Hill within western El Dorado stebbinsii. An introduced species of throughout a portion of its range and by County, Boyd (1985, 1987) found that field bindweed, Convolvulus sp., changes in fire frequency throughout its fire killed C. roderickii shrubs, but competes with one colony of C. entire range. Road construction and caused a 22-fold increase in seed stebbinsii within Nevada County maintenance, grading, unauthorized germination. He also found that the (CNDDB 1994). Trash dumping also dumping, excessive grazing practices, growth rate of seedlings was greater in threatens three occurrences of C. herbicide spraying, off-road vehicle use, the burned area than in the unburned stebbinsii (CNDDB 1994). Herbicide competition from invasive alien area. spraying potentially threatens a vegetation, shading by native vegetation, Fremontodendron californicum ssp. significant portion of one occurrence of irrigation, and mining affect individual decumbens seeds require heat from fire C. stebbinsii near Shingle Springs and occurrences of the five taxa. to germinate. Fremontodendron several local occurrences adjacent to Calystegia stebbinsii, Ceanothus californicum ssp. decumbens also roads (Tim Nosal, pers. comm. 1993). roderickii, Fremontodendron resprouts vegetatively after a burn. In Herbicide spraying and trash californicum ssp. decumbens, and studying reproductive attrition in F. dumping threaten one occurrence of Galium californicum ssp. sierrae are in californicum ssp. decumbens, Boyd and Ceanothus roderickii (CNDDB 1994). danger of extinction throughout all or a Serafini (1992) found that seeds of F. Habitat degradation from garbage significant portion of their ranges, and californicum ssp. decumbens cannot dumping on ridge-tops around Pine Hill the final action, therefore, is to list them successfully develop and germinate degrades the habitat and is a minor as endangered. Because of its wider without the benefit of fire. They threat to Fremontodendron californicum distribution, Senecio layneae is not now concluded that to maintain genetic ssp. decumbens (James Wilson, Sierra in immediate danger of extinction diversity and establish plants at new College, pers. comm. 1993). throughout all or a significant portion of localities within the boundaries of the As discussed under Factor A, habitat its range; however, unless current current populations, sexual fragmentation may alter the physical human population trends and reproduction versus plant root sprouting environment. Chaparral plants development are reversed it is likely to may be necessary over long time reportedly disappeared from fragments become an endangered species in the 54356 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations foreseeable future throughout all or a Protection of the habitat of these involved with any or all of these species significant portion of its range. species will be addressed through the as they are responsible for managing Therefore, the final action is to list recovery process and the section 7 land use of areas supporting these Senecio layneae as threatened. consultation process. The Service species. believes that Federal involvement in the The Veterans Administration and the Critical Habitat areas where these plants occur can be U.S. Department of Housing and Urban Critical habitat is defined in section 3 identified without the designation of Development (Federal Home of the Act as: (i) The specific areas critical habitat. Therefore, the Service Administration loans) may become within the geographical area occupied finds that designation of critical habitat involved with these species through by a species, at the time it is listed in for these plants is not prudent at this their administration of Federal mortgage accordance with the Act, on which are time because such designation likely programs. The construction and found those physical or biological would increase the degree of threat from maintenance of roads and highways by features (I) essential to the conservation vandalism, collecting, or other human the Federal Highway Administration, of the species and (II) that may require activities. the relicensing of hydroelectric projects by the Federal Energy Regulatory special management consideration or Available Conservation Measures protection and; (ii) specific areas Commission, and the contracting of outside the geographical area occupied Conservation measures provided to surface waters for irrigation, industrial, by a species at the time it is listed, upon species listed as endangered or or municipal uses by the Bureau of determination that such areas are threatened under the Act include Reclamation would necessitate essential for the conservation of the recognition, recovery actions, involvement with these species under species. ‘‘Conservation’’ means the use requirements for Federal protection, and the Act. Also, the Army Corps of of all methods and procedures needed prohibitions against certain activities. Engineers could potentially become to bring the species to the point at Recognition through listing encourages involved with these species through its which listing under the Act is no longer and results in public awareness and permitting authority under section 404 necessary. conservation actions by Federal, State, of the Clean Water Act. By regulation, and local agencies, private Section 4(a)(3) of the Act and nationwide permits may not be issued organizations, and individuals. The Act implementing regulations (50 CFR where a federally listed threatened or provides for possible land acquisition 424.12) require that, to the maximum endangered species would be affected and cooperation with the State and by a proposed project without first extent prudent and determinable, the requires that recovery plans be completing formal consultation Secretary determine critical habitat developed for all listed species. The pursuant to section 7 of the Act. The concurrently with determining a species protection required of Federal agencies presence of a listed species would to be endangered or threatened. The and the prohibitions against certain highlight the importance of these Service finds that designation of critical activities involving listed plants are resources. Therefore, the Army Corps of habitat is not prudent for Calystegia discussed, in part, below. Engineers would be required to consult stebbinsii, Ceanothus roderickii, Section 7(a) of the Act requires with the Service on any proposed dam Fremontodendron californicum ssp. Federal agencies to evaluate their construction or any proposed permits decumbens, Galium californicum ssp. actions with respect to any species that for fill operations that would adversely sierrae, and Senecio layneae at this is proposed or listed as endangered or affect any of these plants. time. Service regulations (50 CFR threatened and with respect to its Listing Calystegia stebbinsii, 424.12(a)(1)) state that designation of critical habitat, if any is being Ceanothus roderickii, Fremontodendron critical habitat is not prudent when one designated. Regulations implementing californicum ssp. decumbens, and or both of the following situations this interagency cooperation provision Galium californicum ssp. sierrae as exist—(1) the species is threatened by of the Act are codified at 50 CFR part endangered and Senecio layneae as taking or other human activity, and 402. Section 7(a)(4) of the Act requires threatened provides for the identification of critical habitat can be Federal agencies to confer with the development of a recovery plan(s), expected to increase the degree of threat Service on any action that is likely to which will bring together State and to the species, or (2) such designation of jeopardize the continued existence of a Federal efforts for conservation of these critical habitat would not be beneficial proposed species or result in plants. The recovery plan(s) would to the species. destruction or adverse modification of establish a framework for agencies to Because the five plants face numerous proposed critical habitat. If a species is coordinate activities and cooperate with human-caused threats (see Factors A listed subsequently, section 7(a)(2) each other in conservation efforts. The and E in ‘‘Summary of Factors Affecting requires Federal agencies to insure that plan(s) would set recovery priorities and the Species’’) and the five occur activities they authorize, fund, or carry estimate costs of various tasks necessary predominantly on private land, the out are not likely to jeopardize the to accomplish them. It also would publication of precise maps and continued existence of such a species or describe site-specific management descriptions of critical habitat in the to destroy or adversely modify its actions necessary to achieve Federal Register would make these critical habitat. If a Federal action may conservation and survival of these plants more vulnerable to incidents of affect a listed species or its critical species. Additionally, pursuant to vandalism and, therefore, could habitat, the responsible Federal agency section 6 of the Act, the Service would contribute to the decline of these must enter into formal consultation with be more likely to grant funds to affected species and increase enforcement the Service. states for management actions aiding in problems. The listing of these species as At least 80 percent of the occurrences the protection and recovery of these endangered and/or threatened also for these five species are on privately plants. publicizes the rarity of these plants and, owned lands. However, BLM manages The Act and its implementing thus, can make these plants attractive to land supporting populations of all five regulations set forth a series of general researchers, horticulturalists, or plants, and Senecio layneae occurs on prohibitions and exceptions that apply collectors of rare plants, as discussed Federal land managed by the Forest to all endangered or threatened plants. under Factor B. Service. Both agencies would become All prohibitions of section 9(a)(2) of the Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54357

Act implemented by 50 CFR 17.61 for Activities that are unlikely to violate Required Determinations endangered plants, and 17.71, for section 9 include horse paddocking and The Service has examined this threatened plants, apply. These other grazing, clearing a defensible regulation under the Paperwork prohibitions, in part, make it illegal for space for fire protection around Reduction Act of 1995 and found it to any person subject to the jurisdiction of personal residences, and landscaping, contain no information collection the United States to import or export, including irrigation around personal requirements. This rulemaking was not transport in interstate or foreign residences. Seeds from cultivated subject to review by the Office of commerce in the course of a commercial specimens of threatened plant taxa also Management and Budget under activity, sell or offer for sale in interstate are exempt from these prohibitions Executive Order 12866. or foreign commerce, or remove and provided that a statement ‘‘of cultivated reduce the species to possession from origin’’ appears on the shipping References Cited areas under Federal jurisdiction. In containers. Certain exceptions apply to A complete list of all references cited addition, for plants listed as agents of the Service and State herein is available upon request from endangered, the Act prohibits the conservation agencies. Questions the Field Supervisor, Sacramento Field malicious damage or destruction of any regarding whether specific activities Office (see ADDRESSES section). such species on areas under Federal will constitute a violation of section 9 jurisdiction and the removal, cutting, should be directed to the Field Author digging, or destroying of such plant Supervisor of the Sacramento Field The primary author of this final rule species on any other area in knowing Office (see ADDRESSES section). violation of any State law or regulation, is Kirsten Tarp, Sacramento Field Office The Act and 50 CFR 17.62, 17.63, and ADDRESSES including a State criminal trespass law. (see section). 17.72 also provide for the issuance of Certain exceptions to the prohibitions List of Subjects in 50 CFR Part 17 apply to agents of the Service and State permits to carry out otherwise conservation agencies. prohibited activities involving Endangered and threatened species, It is the policy of the Service, endangered or threatened plant species Exports, Imports, Reporting and record published in the Federal Register on under certain circumstances. The keeping requirements, and July 1, 1994 (59 FR 34272), to identify Service anticipates few trade permits Transportation. would ever be sought or issued for the to the maximum extent practicable at Regulation Promulgation the time a species is listed those five species because the plants are not activities that would or would not common in cultivation or in the wild. Accordingly, part 17, subchapter B of constitute a violation of section 9 of the Requests for copies of the regulations chapter I, title 50 of the Code of Federal Act. The intent of this policy is to regarding listed plants and inquiries Regulations, is amended as set forth increase public awareness of the effect about prohibitions and permits may be below: of the listing on proposed and ongoing addressed to the U.S. Fish and Wildlife PART 17Ð[AMENDED] activities within a species’ range. Less Service, Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon than 20 percent of the occurrences of 1. The authority citation for part 17 97232–4181 (phone 503/231–2063, the five species are on public (Federal) continues to read as follows: lands. Collection, damage, or facsimile 503/231–6243). Authority: 16 U.S.C. 1361–1407; 16 destruction of these species on Federal National Environmental Policy Act lands is prohibited, although in U.S.C. 1531–1544; 16 U.S.C. 4201–4245; appropriate cases a Federal endangered The Fish and Wildlife Service has Pub. L. 99–625, 100 Stat. 3500; unless species permit may be issued to allow determined that an Environmental otherwise noted. collection for scientific or recovery Assessment, as defined under the 2. Section 17.12(h) is amended by purposes. Such activities on non- authority of the National Environmental adding the following, in alphabetical Federal lands would constitute a Policy Act of 1969, need not be order under [FLOWERING PLANTS], to violation of section 9 if conducted in prepared in connection with regulations the List of Endangered and Threatened knowing violation of California State adopted pursuant to section 4(a) of the Plants to read as follows: law or regulations or in violation of a Act. A notice outlining the Service’s State criminal trespass law. California reasons for this determination was § 17.12 Endangered and threatened plants. requires a ten day notice be given before published in the Federal Register on * * * * * taking of plants on private land. October 25, 1983 (48 FR 49244). (h) * * * 54358 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules

FLOWERING PLANTS ******* Calystegia stebbinsii ...... Stebbins' morning-glory U.S.A. (CA) ...... Convolvulaceae ...... E 596 NA NA ******* Ceanothus roderickii ...... Pine Hill ceanothus ...... U.S.A. (CA) ...... Rhamnaceae ...... E 596 NA NA ******* Fremontodendron Pine Hill flannelbush ...... U.S.A. (CA) ...... Sterculiaceae ...... E 596 NA NA californicum ssp. decumbens. ******* Galium californicum ssp. El Dorado bedstraw ...... U.S.A. (CA) ...... Rubiaceae ...... E 596 NA NA sierrae. ******* Senecio layneae ...... Layne's butterweed ...... U.S.A. (CA) ...... Asteraceae ...... T 596 NA NA *******

Dated: September 23, 1996. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 96–26740 Filed 10–17–96; 8:45 am]

BILLING CODE 4310±55±P 54359

Proposed Rules Federal Register Vol. 61, No. 203

Friday, October 18, 1996

This section of the FEDERAL REGISTER Renton, Washington 98055–4056. Availability of NPRMs contains notices to the public of the proposed Comments may be inspected at this Any person may obtain a copy of this issuance of rules and regulations. The location between 9:00 a.m. and 3:00 purpose of these notices is to give interested NPRM by submitting a request to the p.m., Monday through Friday, except FAA, Transport Airplane Directorate, persons an opportunity to participate in the Federal holidays. rule making prior to the adoption of the final ANM–103, Attention: Rules Docket No. rules. The service information referenced in 95–NM–258–AD, 1601 Lind Avenue, the proposed rule may be obtained from SW., Renton, Washington 98055–4056. Raytheon Aircraft Company, Manager Discussion DEPARTMENT OF TRANSPORTATION Service Engineering, Hawker Customer Support Department, P.O. Box 85, On December 21, 1994, the FAA Federal Aviation Administration Wichita, Kansas 67201–0085. This issued AD 94–26–12, amendment 39– information may be examined at the 9107 (60 FR 330, January 4, 1995), 14 CFR Part 39 FAA, Transport Airplane Directorate, applicable to Beech (Raytheon) Model [Docket No. 95±NM±258±AD] 1601 Lind Avenue, SW., Renton, BAe 125–1A through-1000A series airplanes and Model Hawker 800 and RIN 2120±AA64 Washington. 1000 airplanes equipped with main FOR FURTHER INFORMATION CONTACT: Tim landing gear (MLG) sidestay assemblies Airworthiness Directives; Beech Backman, Aerospace Engineer, (Raytheon) Model Hawker 800 and on which Post-Mod 252091 steel jack Standardization Branch, ANM–113, pivots have been installed. That AD 1000 and Model DH/BH/HS/BAe 125 FAA, Transport Airplane Directorate, Series Airplanes (Including Major requires a detailed visual inspection to 1601 Lind Avenue, SW., Renton, detect cracking of the sidestay jack Variants C29A, U125, and U125A Washington 98055–4056; telephone Series Airplanes) pivots of the MLG and repair, if (206) 227–2797; fax (206) 227–1149. necessary. In addition, that AD requires AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: eventual replacement of the sidestay Administration, DOT. jack pivot assemblies with new Comments Invited ACTION: Notice of proposed rulemaking assemblies. The critical fatigue load on (NPRM). Interested persons are invited to the sidestay jack pivot occurs during the deployment and retraction of the MLG. SUMMARY: This document proposes the participate in the making of the proposed rule by submitting such That action was prompted by a report of supersedure of an existing airworthiness fracturing of a jack pivot, which resulted directive (AD), applicable to certain written data, views, or arguments as they may desire. Communications shall in the inability of the MLG to deploy. Beech (Raytheon) Model BAe 125–1A The requirements of that AD are through-1000A series airplanes and identify the Rules Docket number and be submitted in triplicate to the address intended to prevent a wheels-up Model Hawker 800 and 1000 airplanes, landing. that currently requires repetitive specified above. All communications inspections to detect fatigue cracking of received on or before the closing date Actions Since Issuance of Previous Rule for comments, specified above, will be the sidestay jack pivots of the main Since the issuance of that AD, the landing gear (MLG), and replacement of considered before taking action on the proposed rule. The proposals contained manufacturer has issued Service the sidestay jack pivot assemblies with Bulletin SB 32–233, Revision 2, dated new assemblies. This action would add in this notice may be changed in light of the comments received. July 28, 1995, which adds certain major a requirement to replace the sidestay variant airplanes to the effectivity listing jack pivot assemblies with new, Comments are specifically invited on of the service bulletin. Because these improved assemblies; when the overall regulatory, economic, variant airplanes perform a greater accomplished, this replacement would environmental, and energy aspects of number of deployments and retractions terminate the inspection requirements the proposed rule. All comments of the MLG than other airplanes, the of the AD. This proposal also would submitted will be available, both before sidestay jack pivots are exposed to more expand the applicability of the existing and after the closing date for comments, fatigue cycles per flight. Consequently, AD to include additional airplanes. The in the Rules Docket for examination by the service bulletin recommends a actions specified by this proposed AD interested persons. A report reduction of the inspection threshold are intended to prevent fatigue summarizing each FAA-public contact and repetitive inspection intervals for fracturing of the sidestay jack pivots of concerned with the substance of this these airplanes until replacement with the MLG, which could result in the proposal will be filed in the Rules new, improved sidestay jack pivot inability of the MLG to deploy and a Docket. assemblies is accomplished. consequent wheels-up landing. Commenters wishing the FAA to This service bulletin also describes a DATES: Comments must be received by acknowledge receipt of their comments schedule to replace the sidestay jack November 26, 1996. submitted in response to this notice pivots with new, improved assemblies ADDRESSES: Submit comments in must submit a self-addressed, stamped for certain airplanes on which triplicate to the Federal Aviation postcard on which the following Modification 252091 (the installation of Administration (FAA), Transport statement is made: ‘‘Comments to a steel pivot with an eccentric bush) was Airplane Directorate, ANM–103, Docket Number 95–NM–258–AD.’’ The installed after June 23, 1994. Those Attention: Rules Docket No. 95–NM– postcard will be date stamped and assemblies installed after June 23, 1994, 258–AD, 1601 Lind Avenue, SW., returned to the commenter. were manufactured with a defective 54360 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules surface finish. Identification of the Differences Between AD 94–26–12 and take approximately 4 work hours per installation date of the assembly is the the Proposed Rule airplane to accomplish, at an average only way to determine if the assembly Operators should note that, although labor rate of $60 per work hour. was manufactured with the defective AD 94–26–12 permits continued flight Required parts would cost surface finish. with a single crack less than a certain approximately $1,200 per airplane. Additionally, the manufacturer has length, and requires repetitive Based on these figures, the cost impact issued Service Bulletin SB. 32–233– inspections not to exceed every 100 on U.S. operators of the proposed 3597A, dated July 28, 1995. This service landings, this proposed AD would requirements of this AD is estimated to bulletin describes procedures for require that all cracked sidestay jack be $792,000, or $1,440 per airplane. replacement of the sidestay jack pivot pivot assemblies be replaced with the The cost impact figures discussed assembly with a new, improved new, improved assemblies within a above are based on assumptions that no assembly. The new sidestay jack pivot specific amount of time. The maximum operator has yet accomplished any of assembly has an increased radii and limits for cracking allowed, as the current or proposed requirements of local shot peening to further improve recommended in the Beech (Raytheon) this AD action, and that no operator the fatigue performance. service bulletin (0.3 inch or 0.12 inch, would accomplish those actions in the Accomplishment of this replacement depending on the crack location), are at future if this AD were not adopted. eliminates the need for repetitive the limits of what can be reliably inspection and replacement of the detected using an ‘‘on-airplane’’ visual Regulatory Impact sidestay jack pivot assemblies with the inspection procedure. The FAA finds The regulations proposed herein existing assemblies. that the safety implications and The Civil Aviation Authority (CAA) would not have substantial direct effects consequences associated with cracking classified both of these service bulletins on the States, on the relationship of the sidestay jack pivot prohibit as mandatory in order to assure the between the national government and continued flight past 100 landings after continued airworthiness of these the States, or on the distribution of the detection of any cracking. airplanes in the United Kingdom. power and responsibilities among the Additionally, the sidestay jack pivot various levels of government. Therefore, FAA’s Conclusions assembly is easily replaced with the in accordance with Executive Order These airplane models are new, improved assembly, and the 12612, it is determined that this manufactured in the United Kingdom replacement will terminate the proposal would not have sufficient and are type certificated for operation in requirements for repetitive inspections federalism implications to warrant the of the existing sidestay jack pivot the United States under the provisions preparation of a Federalism Assessment. assemblies. of section 21.29 of the Federal Aviation For the reasons discussed above, I Regulations (14 CFR 21.29) and the Clarification of Applicability certify that this proposed regulation (1) applicable bilateral airworthiness Beech (Raytheon) Model BAe 125 is not a ‘‘significant regulatory action’’ agreement. Pursuant to this bilateral series 800B and 1000B airplanes are under Executive Order 12866; (2) is not airworthiness agreement, the CAA has similar in design to the airplanes a ‘‘significant rule’’ under the DOT kept the FAA informed of the situation affected by this proposed rule; however, Regulatory Policies and Procedures (44 described above. The FAA has those models have not yet been FR 11034, February 26, 1979); and (3) if examined the findings of the CAA, certificated for operation in the United promulgated, will not have a significant reviewed all available information, and States. Therefore, a note has been economic impact, positive or negative, determined that AD action is necessary included in this proposed rule to clarify on a substantial number of small entities for products of this type design that are this and to suggest that airworthiness under the criteria of the Regulatory certificated for operation in the United authorities of countries in which Model Flexibility Act. A copy of the draft States. BAe series 800B and 1000B are regulatory evaluation prepared for this Explanation of Requirements of approved for operation consider action is contained in the Rules Docket. Proposed Rule adopting corrective action that is similar A copy of it may be obtained by to that proposed in this AD action. Since an unsafe condition has been contacting the Rules Docket at the identified that is likely to exist or Cost Impact location provided under the caption ADDRESSES. develop on other airplanes of the same There are approximately 550 Beech type design registered in the United (Raytheon) Model BAe 125–1 through List of Subjects in 14 CFR Part 39 States, the proposed AD would 1000A series airplanes and Model Air transportation, Aircraft, Aviation supersede AD 94–26–12 to continue to Hawker 1000 airplanes of U.S. registry safety, Safety. require inspections to detect cracking of that would be affected by this proposed the sidestay jack pivots of the MLG for AD. The Proposed Amendment certain airplanes until the replacement The actions that are currently of the sidestay jack pivot assemblies required by AD 94–26–12 take Accordingly, pursuant to the with new, improved assemblies is approximately 6 work hours per authority delegated to me by the accomplished. The proposed AD would airplane to accomplish, at an average Administrator, the Federal Aviation expand the applicability of the existing labor rate of $60 per work hour. The Administration proposes to amend part AD to include additional airplanes. It manufacturer is currently supplying 39 of the Federal Aviation Regulations also would require installation of new, required parts at no cost to the (14 CFR part 39) as follows: improved sidestay jack pivot operators. Based on these figures, the assemblies, which would constitute cost impact on U.S. operators of the PART 39ÐAIRWORTHINESS terminating action for the inspection actions currently required is estimated DIRECTIVES requirements of this AD. The actions to be $198,000, or $360 per airplane, per would be required to be accomplished inspection cycle. 1. The authority citation for part 39 in accordance with the service bulletins The new (replacement) actions that continues to read as follows: described previously. are proposed in this AD action would Authority: 49 U.S.C. 106(g), 40113, 44701. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54361

§ 39.13 [Amended] Revision 2, dated July 28, 1995; at the latest SB.32–233–3597A, dated July 28, 1995, at the 2. Section 39.13 is amended by of the times specified in paragraph (a)(1), later of the times specified in paragraph (c)(1) removing amendment 39–9107 (60 FR (a)(2), or (a)(3) of this AD. or (c)(2) of this AD. Accomplishment of this 330, January 4, 1995), and by adding a (1) Within 28 days after February 3, 1995 replacement constitutes terminating action (the effective date of AD 94–26–12, for the inspection requirements of this AD. new airworthiness directive (AD), to Amendment 39–9107); or (1) Prior to the accumulation of 2,000 total read as follows: (2) Prior to the accumulation of 3,000 total landings since installation of Post Mod Beech (Raytheon): Docket 95–NM–258–AD. landings on the sidestay assembly since new; 252091 steel jack pivots. Or Supersedes AD 94–26–12, Amendment or (2) Within 1,000 landings after the effective 39–9107. (3) Prior to the accumulation of 1,000 total date of this AD. Applicability: Model Hawker 800 and 1000 landings since overhaul of the sidestay (d) For all Beech (Raytheon) Model BAe and Model DH/BH/HS/BAe 125 series assembly. 125 Series 800A C29A, U125, and Hawker airplanes (including major variants C29A, (b) For Beech (Raytheon) Model Hawker 800 U125A airplanes on which Post Mod U125, and U125A series airplanes); equipped 800 and 1000 and Model DH/BH/HS/BAe 252091 steel jack pivots (part numbers with main landing gear (MLG) sidestay 125–1A through –1000A series airplanes 25UM1199A, 25UM1229A, and 258UM87– assemblies on which Post-Mod 252091 steel equipped with MLG sidestay assemblies on 1A) have been installed: Accomplish jack pivots have been installed; certificated which Post-Mod 252091 steel jack pivots paragraphs (d)(1) and (d)(2) of this AD at the in any category. (part numbers 25UM1199A 25UM1229A, and times specified in those paragraphs. 258UM87–1A) have been installed prior to (1) Perform a detailed visual inspection, Note 1: This AD applies to each airplane June 24, 1994, except for airplanes as using a 10X magnifier, to detect cracking of identified in the preceding applicability specified in paragraph (d) of this AD: the sidestay assembly jack pivot of the left- provision, regardless of whether it has been (1) If no cracks are found during the and right-hand MLG, in accordance with modified, altered, or repaired in the area inspection required by paragraph (a) of this Raytheon Corporate Jets Service Bulletin SB subject to the requirements of this AD. For AD, and the sidestay assembly has been 32–233, Revision 2, dated July 28, 1995, at airplanes that have been otherwise modified, overhauled prior to the accomplishment of the later of the times specified in paragraph altered, or repaired so that the performance the inspection, accomplish the requirements (d)(1)(i) or (d)(1)(ii) of this AD. Thereafter, of the requirements of this AD is affected, the of paragraphs (b)(1) and (b)(2) of this AD at repeat this inspection at intervals not to owner/operator must request approval for an the times specified. exceed 200 landings, until the requirements alternative method of compliance in (i) Repeat the inspection specified in of paragraph (d)(2) of this AD are accordance with paragraph (f) of this AD. The paragraph (a) of this AD within 1,000 accomplished. request should include an assessment of the landings after accomplishing the initial (i) Prior to the accumulation of 1,200 total effect of the modification, alteration, or repair inspection, and thereafter at intervals not to landings since the installation of a steel jack on the unsafe condition addressed by this exceed 1,000 landings, in accordance with pivot (Post Mod 252091). Or AD; and, if the unsafe condition has not been Raytheon Corporate Jets Service Bulletin SB (ii) Within 56 days or within 200 landings eliminated, the request should include 32–233, dated June 24, 1994; Revision 1, after the effective date of this AD, whichever specific proposed actions to address it. dated July 8, 1994; or Revision 2, dated July occurs first. Note 2: Beech (Raytheon) Model BAe 125 28, 1995. (2) Prior to the accumulation of 2,000 total series 800B and BAe 125–1000B airplanes are (ii) Prior to the accumulation of 4,000 total landings on the jack pivot, or within 300 similar in design to the airplanes that are landings on the jack pivot assembly since the landings after the effective date of this AD, subject to the requirements of this AD and, sidestay assembly was new or last whichever occurs later: Replace the sidestay therefore, also may be subject to the unsafe condition addressed by this AD. However, as overhauled, or within 300 landings after the jack pivot assembly with a new, improved of the effective date of this AD, those models effective date of this AD, whichever occurs assembly (part numbers 25UM1335–1A and are not type certificated for operation in the later: Replace the jack pivot assembly with a 25–8UM173–1A) in accordance with United States. Airworthiness authorities of new, improved assembly, in accordance with Raytheon Corporate Jets Service Bulletin countries in which the Model BAe 125 series Raytheon Corporate Jets Service Bulletin SB.32–233–3597A, dated July 28, 1995. 800B and BAe 125–1000B airplanes are SB.32–233–3597A, dated July 28, 1995. Accomplishment of this replacement approved for operation should consider Accomplishment of this replacement constitutes terminating action for the adopting corrective action, applicable to constitutes terminating action for the inspection requirements of this AD. those models, that is similar to the corrective inspection requirements of this AD. (e) If any crack is detected during any action required by this AD. (2) If no cracks are found during the inspection required by this AD, replace the inspection required by paragraph (a) of this sidestay jack pivot assembly with a new, Compliance: Required as indicated, unless AD, and the sidestay assembly has not been improved assembly (part numbers accomplished previously. overhauled prior to accomplishment of that 25UM1335–1A and 25–8UM173–1A) in To prevent the inability of the MLG to inspection: Prior to the accumulation of accordance with Raytheon Corporate Jets deploy and a consequent wheels-up landing, 4,000 total landings on the jack pivot Service Bulletin SB.32–233–3597A, dated accomplish the following: assembly, or within 300 landings after the July 28, 1995, at the time specified in Note 3: Paragraph (a) of this AD restates the effective date of this AD, whichever occurs paragraph (f)(1) or (f)(2) of this AD, as requirements of AD 94–26–12. As allowed by later, replace the jack pivot assembly with a applicable. Accomplishment of this the phrase, ‘‘unless accomplished new, improved assembly, in accordance with replacement constitutes terminating action previously,’’ if the initial inspection required Raytheon Corporate Jets Service Bulletin SB for the inspection requirements of this AD. by that AD has been accomplished 32–233, Revision 2, dated July 28, 1995. (1) For airplanes on which a crack is previously, paragraph (a) of this AD does not Accomplishment of this replacement detected that does not exceed the limits require that initial inspection to be repeated. constitutes terminating action for the specified in the service bulletin, replace the (a) For Beech (Raytheon) Model Hawker inspection requirements of this AD. assembly at the later of the times specified 800 and 1000 and Model DH/BH/HS/BAe (c) For Beech (Raytheon) Model Hawker in paragraph (e)(1)(i) or (e)(1)(ii) of this AD. 125–1A through—1000A series airplanes 800 and 1000 and Model DH/BH/HS/BAe (i) Within 100 landings after the effective equipped with MLG sidestay assemblies on 125–1A through –1000A series airplanes date of this AD. Or which Post-Mod 252091 steel jack pivots equipped with MLG sidestay assemblies on (ii) Within 100 landings after the initial have been installed, except for airplanes as which Post-Mod 252091 steel jack pivots detection of the cracking. specified in paragraph (d) of this AD: Perform (part numbers 25UM1199A 25UM1229A, and (2) For airplanes on which a crack is a detailed visual inspection, using a 10X 258UM87–1A) have been installed on June detected that exceeds the limits specified in magnifier, to detect cracking of the sidestay 24, 1994, or later, except for airplanes as the service bulletin, prior to further flight, assembly jack pivot of the left and right MLG, specified in paragraph (d) of this AD: Replace replace the assembly in accordance with the in accordance with Raytheon Corporate Jets the jack pivot assembly with a new, service bulletin. Service Bulletin SB 32–233, dated June 24, improved assembly in accordance with (f) An alternative method of compliance or 1994; Revision 1, dated July 8, 1994; or Raytheon Corporate Jets Service Bulletin adjustment of the compliance time that 54362 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules provides an acceptable level of safety may be Administration (FAA), Transport FAA, Transport Airplane Directorate, used if approved by the Manager, Airplane Directorate, ANM–103, ANM–103, Attention: Rules Docket No. Standardization Branch, ANM–113, FAA, Attention: Rules Docket No. 96–NM– 96–NM–51–AD, 1601 Lind Avenue, Transport Airplane Directorate. Operators 51–AD, 1601 Lind Avenue, SW., SW., Renton, Washington 98055–4056. shall submit their requests through an Renton, Washington 98055–4056. appropriate FAA Principal Maintenance Discussion Comments may be inspected at this Inspector, who may add comments and then The Civil Aviation Authority (CAA), send it to the Manager, Standardization location between 9:00 a.m. and 3:00 Branch, ANM–113. p.m., Monday through Friday, except which is the airworthiness authority for the United Kingdom, recently notified Note 4: Information concerning the Federal holidays. existence of approved alternative methods of The service information referenced in the FAA that an unsafe condition may compliance with this AD, if any, may be the proposed rule may be obtained from exist on all British Aerospace Model obtained from the Manager, Standardization British Aerospace Regional Aircraft BAe 146 and Avro 146–RJ series Branch. Limited, Avro International Aerospace airplanes. The CAA advises that it has (g) Special flight permits may be issued in Division, Customer Support, Woodford received reports indicating that water accordance with sections 21.197 and 21.199 Aerodrome, Woodford, Cheshire SK7 and ice have accumulated at the trailing of the Federal Aviation Regulations (14 CFR 1QR, England. This information may be edge of the left and right elevators; this 21.197 and 21.199) to operate the airplane to examined at the FAA, Transport accumulation can cause the elevators to a location where the requirements of this AD Airplane Directorate, 1601 Lind become unbalanced, and to oscillate or can be accomplished. Avenue, SW., Renton, Washington. flutter. Reduced controllability is a Issued in Renton, Washington, on October consequence of steady elevator FOR FURTHER INFORMATION CONTACT: Tim 10, 1996. oscillation which could cause Backman, Aerospace Engineer, S.R. Miller, uncommanded pitch (rising and falling Standardization Branch, ANM–113, Acting Manager, Transport Airplane movements) of the airplane. Reduced FAA, Transport Airplane Directorate, Directorate, Aircraft Certification Service. structural integrity of the airplane can 1601 Lind Avenue, SW., Renton, [FR Doc. 96–26710 Filed 10–17–96; 8:45 am] occur if divergent elevator flutter is Washington 98055–4056; telephone BILLING CODE 4910±13±U coupled with natural vibrations of the (206) 227–2797; fax (206) 227–1149. airplane. SUPPLEMENTARY INFORMATION: 14 CFR Part 39 Explanation of Relevant Service Comments Invited Information [Docket No. 96±NM±51±AD] Interested persons are invited to British Aerospace has issued Service RIN 2120±AA64 participate in the making of the Bulletin SB.55–014–01510A, dated proposed rule by submitting such December 15, 1995, which describes Airworthiness Directives; British written data, views, or arguments as procedures for modification of the left Aerospace Model BAe 146 and Avro they may desire. Communications shall and right elevators by installing mass 146±RJ Series Airplanes identify the Rules Docket number and balance weights at the leading edge of be submitted in triplicate to the address the horn, forward of the hinge line, to AGENCY: Federal Aviation specified above. All communications Administration, DOT. counteract the effect of accumulated received on or before the closing date water and ice on the trailing edge of the ACTION: Notice of proposed rulemaking for comments, specified above, will be elevator. (NPRM). considered before taking action on the The manufacturer also has issued proposed rule. The proposals contained British Aerospace Service Bulletin SUMMARY: This document proposes the adoption of a new airworthiness in this notice may be changed in light SB.27–150–01510B, dated December 15, directive (AD) that is applicable to all of the comments received. 1995, which describes additional British Aerospace Model BAe 146 and Comments are specifically invited on procedures for modification of the left Avro 146–RJ series airplanes. This the overall regulatory, economic, and right elevators by replacing the proposal would require modification of environmental, and energy aspects of elevator spring with a stiffer spring. the left and right elevators, and the proposed rule. All comments With the addition of mass balance replacement of the elevator spring with submitted will be available, both before weights to the elevators, a stiffer spring a stiffer spring. This proposal is and after the closing date for comments, holds down the increased weight, and prompted by reports indicating that in the Rules Docket for examination by makes it easier for the pilot to conduct water and ice have accumulated at the interested persons. A report full movement and free movement trailing edge of the left and right summarizing each FAA-public contact checks of the elevators when the elevators; this accumulation can cause concerned with the substance of this airplane is on the ground. The CAA classified both service the elevators to become unbalanced, and proposal will be filed in the Rules bulletins as mandatory and issued oscillate or flutter. The actions specified Docket. Commenters wishing the FAA to British airworthiness directive 002–12– by the proposed AD are intended to acknowledge receipt of their comments 95, dated January 31, 1996, in order to prevent this oscillation or flutter. submitted in response to this notice assure the continued airworthiness of Elevator oscillation, if not corrected, must submit a self-addressed, stamped these airplanes in the United Kingdom. could result in reduced controllability postcard on which the following These airplane models are of the airplane. Elevator flutter, if not statement is made: ‘‘Comments to manufactured in the United Kingdom corrected, could couple with the natural Docket Number 96–NM–51–AD.’’ The and are type certificated for operation in vibrations of the airplane, and result in postcard will be date stamped and the United States under the provisions loss of the airplane’s structural integrity. returned to the commenter. of section 21.29 of the Federal Aviation DATES: Comments must be received by Regulations (14 CFR 21.29) and the November 25, 1996. Availability of NPRMs applicable bilateral airworthiness ADDRESSES: Submit comments in Any person may obtain a copy of this agreement. Pursuant to this bilateral triplicate to the Federal Aviation NPRM by submitting a request to the airworthiness agreement, the CAA has Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54363 kept the FAA informed of the situation Cost Impact PART 39ÐAIRWORTHINESS described above. The FAA has DIRECTIVES examined the findings of the CAA, The FAA estimates that 52 British reviewed all available information, and Aerospace Model BAe 146 and Avro 1. The authority citation for part 39 determined that AD action is necessary 146–RJ series airplanes of U.S. registry continues to read as follows: for products of this type design that are would be affected by this proposed AD, Authority: 49 U.S.C. 106(g), 40113, 44701. certificated for operation in the United that it would take approximately 12 § 39.13 [Amended] States. work hours per airplane to accomplish the proposed actions, and that the 2. Section 39.13 is amended by Explanation of Requirements of average labor rate is $60 per work hour. adding the following new airworthiness Proposed Rule Required parts would cost directive: Since an unsafe condition has been approximately $700 per airplane. Based British Aerospace Regional Aircraft Limited, identified that is likely to exist or on these figures, the cost impact of the Avro International Aerospace Division develop on other airplanes of the same proposed AD on U.S. operators is (Formerly British Aerospace, plc; British type design registered in the United estimated to be $73,840, or $1,420 per Aerospace Commercial Aircraft States, the proposed AD would require airplane. Limited): Docket 96–NM–51–AD. Applicability: All Model BAe 146 and Avro modification of the left and right The cost impact figure discussed elevators by installation of mass balance 146–RJ series airplanes, certificated in any above is based on assumptions that no category. weights at the leading edge of the horn, operator has yet accomplished any of forward of the hinge line; and Note 1: This AD applies to each airplane the proposed requirements of this AD identified in the preceding applicability replacement of the elevator spring with action, and that no operator would provision, regardless of whether it has been a stiffer spring. The actions would be accomplish those actions in the future if otherwise modified, altered, or repaired in required to be accomplished in this AD were not adopted. the area subject to the requirements of this accordance with the service bulletins AD. For airplanes that have been modified, described previously. Regulatory Impact altered, or repaired so that the performance On August 15, 1995, the FAA issued of the requirements of this AD is affected, the AD 95–17–13, amendment 39–9343 (60 The regulations proposed herein owner/operator must request approval for an FR 44417, August 28, 1995). [A would not have substantial direct effects alternative method of compliance in accordance with paragraph (c) of this AD. correction of the rule was published in on the States, on the relationship between the national government and The request should include an assessment of the Federal Register on October 26, the effect of the modification, alteration, or 1995 (60 FR 54800).] That AD requires the States, or on the distribution of repair on the unsafe condition addressed by operators of British Aerospace Model power and responsibilities among the this AD; and, if the unsafe condition has not BAe 146 and Avro 146–RJ airplanes to various levels of government. Therefore, been eliminated, the request should include modify the left and right elevators to in accordance with Executive Order specific proposed actions to address it. improve water drainage, and thereby 12612, it is determined that this Compliance: Required as indicated, unless help maintain the balance of the proposal would not have sufficient accomplished previously. elevators. That modification involves, federalism implications to warrant the To prevent the left and right elevators from preparation of a Federalism Assessment. oscillating or fluttering, which could result in among other actions, drilling new drain either reduced controllability of the airplane, holes, applying sealant, and plugging For the reasons discussed above, I or loss of the airplane’s structural integrity, drain holes on certain airplanes. The certify that this proposed regulation (1) accomplish the following: FAA determined that action to be is not a ‘‘significant regulatory action’’ (a) Within 12 months after the effective interim action until further action is under Executive Order 12866; (2) is not date of this AD, accomplish the requirements identified. a ‘‘significant rule’’ under the DOT of paragraphs (a)(1) and (a)(2) of this AD. (1) Modify the left and right elevators by Accomplishment of the actions Regulatory Policies and Procedures (44 required by this proposed AD would be installing mass balance weights at the leading FR 11034, February 26, 1979); and (3) if edge of the horn, forward of the elevator the next step in eliminating the promulgated, will not have a significant hinge line, in accordance with British accumulation of ice and water in the left economic impact, positive or negative, Aerospace Service Bulletin SB.55–014– and right elevators. This action also on a substantial number of small entities 01510A, dated December 15, 1995. And would be interim action until final under the criteria of the Regulatory (2) Replace the left and right elevator action is identified, at which time the Flexibility Act. A copy of the draft spring with a stiffer spring, in accordance FAA may consider further rulemaking. regulatory evaluation prepared for this with British Aerospace Service Bulletin SB.27–150–01510B, dated December 15, Difference Between the Proposed Rule action is contained in the Rules Docket. 1995. and CAA Airworthiness Directive A copy of it may be obtained by (b) As of 12 months after the effective date contacting the Rules Docket at the The proposed AD and the parallel of this AD, no person shall install on any location provided under the caption airplane an elevator that has not been CAA airworthiness directive differ on ADDRESSES. modified in accordance with paragraph (a) of compliance times: the proposed AD this AD. would require the actions to be List of Subjects in 14 CFR Part 39 (c) An alternative method of compliance or completed within 12 months after the adjustment of the compliance time that effective date of the AD; the CAA Air transportation, Aircraft, Aviation provides an acceptable level of safety may be mandates an 18-month period. In safety, Safety. used if approved by the Manager, Standardization Branch, ANM–113, FAA, developing a compliance time, the FAA The Proposed Amendment considered the safety implications, parts Transport Airplane Directorate. Operators shall submit their requests through an availability, and normal maintenance Accordingly, pursuant to the appropriate FAA Principal Maintenance schedules for timely accomplishment of authority delegated to me by the Inspector, who may add comments and then the modification and part replacement. Administrator, the Federal Aviation send it to the Manager, Standardization After evaluating these factors, the FAA Administration proposes to amend part Branch, ANM–113. determined that a 12-month compliance 39 of the Federal Aviation Regulations Note 2: Information concerning the time is appropriate. (14 CFR part 39) as follows: existence of approved alternative methods of 54364 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules compliance with this AD, if any, may be Comments may be inspected at this configuration (excluding any pilot seat) obtained from the Standardization Branch, location between 9:00 a.m. and 3:00 of 10 or more seats may be operated ANM–113. p.m., Monday through Friday, except unless the airplane is equipped with an (d) Special flight permits may be issued in Federal holidays. approved ground proximity warning accordance with sections 21.197 and 21.199 Information concerning this proposal system (GPWS). In order to be of the Federal Aviation Regulations (14 CFR may be obtained from or examined at considered approved, GPWS equipment 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD the FAA, Transport Airplane must meet certain minimum can be accomplished. Directorate, 1601 Lind Avenue, SW., performance standards prescribed in Issued in Renton, Washington, on October Renton, Washington. Technical Standard Order (TSO) C–92b, 9, 1996. FOR FURTHER INFORMATION CONTACT: John dated August 19, 1976. That TSO S.R. Miller, P. Dimtroff, Aerospace Engineer, Flight references Radio Technical Commission for Aeronautics (RTCA) Document No. Acting Manager, Transport Airplane Test and Systems Branch, ANM–111, Directorate, Aircraft Certification Service. FAA, Transport Airplane Directorate, DO–161A, ‘‘Minimum Performance Standards, Airborne Ground Proximity [FR Doc. 96–26708 Filed 10–17–96; 8:45 am] 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone Warning Equipment,’’ dated May 27, BILLING CODE 4910±13±U (206) 227–2117; fax (206) 227–1100. 1976, as an additional source of information. The RTCA document SUPPLEMENTARY INFORMATION: 14 CFR Part 39 indicates that the minimum Comments Invited performance standards are a means of [Docket No. 96±NM±242±AD] Interested persons are invited to ensuring that GPWS equipment will satisfactorily perform its intended RIN 2120±AA64 participate in the making of the proposed rule by submitting such function under all conditions normally Airworthiness Directives; Airtell written data, views, or arguments as encountered in routine aeronautical International, Inc., Centaurus Model they may desire. Communications shall operations. The FAA has received reports C3±100 Ground Proximity Warning identify the Rules Docket number and indicating that Centaurus Model C3–100 System (GPWS), as Installed in Various be submitted in triplicate to the address GPWS equipment, which is installed in Airplanes specified above. All communications various transport, commuter, and received on or before the closing date AGENCY: Federal Aviation normal category airplanes, does not for comments, specified above, will be Administration, DOT. meet the minimum performance considered before taking action on the standards prescribed in TSO C–92b. ACTION: Notice of proposed rulemaking proposed rule. The proposals contained (NPRM). in this notice may be changed in light GPWS Equipment, in General SUMMARY: This document proposes the of the comments received. The GPWS equipment is an aid to the adoption of a new airworthiness Comments are specifically invited on flight crew for determining the directive (AD) that is applicable to all the overall regulatory, economic, imminent occurrence of inadvertent Airtell International, Inc., Centaurus environmental, and energy aspects of contact of the airplane with the ground. Model C3–100 GPWS equipment that is the proposed rule. All comments This equipment is intended to installed on any type of airplane. This submitted will be available, both before supplement flight instrument data, proposal would require replacement of and after the closing date for comments, which alerts the flight crew that this equipment with a similar type of in the Rules Docket for examination by inadvertent contact with the ground equipment that meets specific interested persons. A report may occur. The GPWS equipment must performance requirements. This summarizing each FAA-public contact provide indications of proximity to the proposal is prompted by results of an concerned with the substance of this ground in the following modes of investigation, which revealed that, proposal will be filed in the Rules aircraft operation: under certain circumstances, the Docket. Mode 1. Excessive rates of descent; Centaurus GPWS equipment does not Commenters wishing the FAA to Mode 2. Excessive closure rate to provide the flight crew with aural acknowledge receipt of their comments terrain; warnings to indicate that the airplane is submitted in response to this notice Mode 3. Negative climb rate or descending. The actions specified by the must submit a self-addressed, stamped altitude loss after takeoff; proposed AD are intended to prevent postcard on which the following Mode 4. Flight into terrain when not failure of the GPWS equipment to statement is made: ‘‘Comments to in landing configuration; and provide such aural warnings. If the Docket Number 96–NM–242–AD.’’ The Mode 5. Excessive downward flight crew relies on receiving such postcard will be date stamped and deviation from an instrument landing warnings and the GPWS equipment fails returned to the commenter. system (ILS) glide slope. Distinctive aural warnings must be to provide those warnings, the ability of Availability of NPRMs the flight crew to prevent the airplane provided for Modes 1 through 4 above. Any person may obtain a copy of this from impacting the ground may be The aural warning for these modes must NPRM by submitting a request to the inhibited. consist of the sound ‘‘Whoop-Whoop,’’ FAA, Transport Airplane Directorate, followed by either ‘‘Pull Up’’ or DATES: Comments must be received by ANM–103, Attention: Rules Docket No. ‘‘Terrain’’ (or other acceptable November 25, 1996. 96–NM–242–AD, 1601 Lind Avenue, annunciation), which is repeated until ADDRESSES: Submit comments in SW., Renton, Washington 98055–4056. the hazardous condition no longer triplicate to the Federal Aviation exists. Administration (FAA), Transport Discussion Airplane Directorate, ANM–103, Section 135.153 of the Federal Results of FAA Testing Attention: Rules Docket No. 96–NM– Aviation Regulations (14 CFR 135.153) Subsequent to the reports discussed 242–AD, 1601 Lind Avenue, SW., specifies that no turbine-powered previously, the FAA conducted testing Renton, Washington 98055–4056. airplane having a passenger seating of two Centaurus Model C3–100 GPWS Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54365 units in accordance with RTCA minute or less at altitudes of 1,000 feet Regulatory Impact Document No. DO–161A. Results of that or below. The regulations proposed herein testing confirmed that Centaurus Model In addition, regarding Mode 3, when would not have substantial direct effects C3–100 GPWS equipment does not meet an airplane is descending after takeoff, on the States, on the relationship all minimum performance standards Centaurus Model C3–100 GPWS between the national government and specified in TSO C–92b and RTCA equipment does not provide an aural the States, or on the distribution of Document No. DO–161A. Specifically, warning (‘‘DON’T SINK’’) when a power and responsibilities among the failures occurred in Mode 2 (excessive barometric altitude loss of 140 feet or various levels of government. Therefore, descent rate) and Mode 3 (descent after less is encountered to indicate that the in accordance with Executive Order takeoff) of aircraft operation. airplane is descending after takeoff. 12612, it is determined that this The FAA has determined that the FAA’s Conclusions proposal would not have sufficient effect of the deficiencies found in federalism implications to warrant the Modes 2 and 3 could result in an unsafe It is reasonable to assume that flight preparation of a Federalism Assessment. condition. Those deficiencies are as crews may come to rely on the aural For the reasons discussed above, I follows: warnings that should be provided by certify that this proposed regulation (1) 1. Mode 2A2. Using a start altitude of GPWS equipment during Modes 2 and is not a ‘‘significant regulatory action’’ 2,450 feet, the FAA tested the GPWS 3 of aircraft operation. If the flight crew under Executive Order 12866; (2) is not equipment and listened for aural relies on receiving such warnings and a ‘‘significant rule’’ under the DOT warnings issued at terrain closure rates the GPWS equipment fails to provide Regulatory Policies and Procedures (44 from 2,500 to 7,000 feet per minute those warnings, the ability of the flight FR 11034, February 26, 1979); and (3) if (fpm). At closure rates of 3,750 fpm and crew to prevent the airplane from promulgated, will not have a significant below, no warnings were received impacting the ground may be inhibited. economic impact, positive or negative, within the acceptable range. Warnings Explanation of Requirements of on a substantial number of small entities were issued at parameters outside Proposed Rule under the criteria of the Regulatory specified minimum performance Flexibility Act. A copy of the draft requirements. Since an unsafe condition has been regulatory evaluation prepared for this 2. Mode 2A4. Using a start altitude of identified that is likely to exist on other action is contained in the Rules Docket. 2,450 feet, the FAA tested the GPWS products of this same type design, the A copy of it may be obtained by equipment and listened for warnings proposed AD would require removal contacting the Rules Docket at the issued at terrain closure rates from 2,500 and replacement of Centaurus Model location provided under the caption to 7,000 fpm. Valid warnings were C3–100 GPWS equipment with a similar ADDRESSES. received at closure rates within the type of equipment that meets specific acceptable band until descent rates performance requirements. The actions List of Subjects in 14 CFR Part 39 decreased to less than 3,500 fpm. would be required to be accomplished Air transportation, Aircraft, Aviation Descent rates of less than 3,500 fpm in accordance with a method approved safety, Safety. yielded alarms outside the prescribed by the FAA. minimum performance requirements. It also may be possible to correct the The Proposed Amendment 3. Mode 2B1. Using a start altitude of addressed unsafe condition by Accordingly, pursuant to the 2,450 feet, the FAA tested the GPWS modifying the unit. However, the FAA authority delegated to me by the equipment and listened for warnings has not identified any particular means Administrator, the Federal Aviation issued at terrain closure rates from 2,500 by which such a modification may be Administration proposes to amend part to 7,000 fpm. Valid warnings were accomplished. The FAA would consider 39 of the Federal Aviation Regulations received at closure rates within the a request for approval of an alternative (14 CFR part 39) as follows: acceptable band until descent rates method of compliance, in accordance decreased to less than 3,200 fpm. with the provisions of this proposed PART 39ÐAIRWORTHINESS Descent rates of less than 3,200 fpm AD, provided that adequate justification DIRECTIVES yielded alarms outside the prescribed is presented to support such a request. 1. The authority citation for part 39 minimum performance requirements. Cost Impact continues to read as follows: 4. Mode 3B. Simulating takeoff from zero feet radio altitude to 700 feet, the The FAA estimates that 30 airplanes Authority: 49 U.S.C. 106(g), 40113, 44701. of U.S. registry would be affected by this BARO rate (altitude loss) parameter was § 39.13 [Amended] increased in 20-foot increments from 20 proposed AD, that it would take to 140 feet, and then to 500 and 1,000 approximately 20 work hours per 2. Section 39.13 is amended by feet. After numerous attempts, valid airplane to accomplish the proposed adding the following new airworthiness results could not be obtained, i.e., actions, and that the average labor rate directive: neither unit tested issued a warning at is $60 per work hour. Required parts Airtell International, Inc.: Docket 96–NM– 140 feet (or less) altitude loss. At an would cost approximately $16,000 per 242–AD. altitude loss value above 140 feet, airplane. Based on these figures, the cost Applicability: Centaurus Model C3–100 warnings were noted; however, these impact of the proposed AD on U.S. ground proximity warning system (GPWS) warnings were intermittent at times. operators is estimated to be $516,000, or equipment, as installed in, but not limited to, $17,200 per airplane. the following airplanes, certificated in any category: FAA’s Findings The cost impact figure discussed Concerning Mode 2, the FAA finds above is based on assumptions that no Beech 99 series airplanes; Beech 200 series airplanes; that Centaurus Model C3–100 GPWS operator has yet accomplished any of Dassault Aviation Model Mystere-Falcon 200 equipment does not provide the flight the proposed requirements of this AD series airplanes; crew with appropriate aural warnings of action, and that no operator would EMBRAER (Empresa Brasileira de encroaching terrain when the rate of accomplish those actions in the future if Aeronautica S.A.) EMB–110 series descent of the airplane is 3,750 feet per this AD were not adopted. airplanes; 54366 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Fairchild Aircraft Model SA226–TC series inspections to detect cracking of the submitted will be available, both before airplanes; upper main fitting of the nose landing and after the closing date for comments, Fairchild Aircraft Model SA227–AT series gear (NLG), and replacement or repair of in the Rules Docket for examination by airplanes; and cracked parts, if necessary. Those interested persons. A report Grumman Model G–73 Mallard airplanes. actions were prompted by reports of summarizing each FAA-public contact Compliance: Required as indicated, unless cracking in the main fittings of the NLG. concerned with the substance of this accomplished previously. To prevent failure of the GPWS equipment This action would require that, for proposal will be filed in the Rules to provide certain aural warnings, which certain airplanes, the inspections be Docket. could inhibit the ability of the flight crew to accomplished at reduced intervals. This Commenters wishing the FAA to prevent the airplane from impacting the proposal is prompted by the results of acknowledge receipt of their comments ground, accomplish the following: new analyses of the cracking that were submitted in response to this notice (a) Within 60 days after the effective date conducted by the manufacturer of the must submit a self-addressed, stamped of this AD, remove and replace Centaurus NLG. The actions specified by the postcard on which the following Model C3–100 GPWS equipment with a proposed AD are intended to prevent statement is made: ‘‘Comments to similar type of equipment that meets failure of the main fitting, which could Docket Number 96–NM–26–AD.’’ The minimum performance standards specified in lead to collapse of the NLG during Technical Standard Order (TSO) C–92b, postcard will be date stamped and dated August 19, 1976. Accomplish the landing. returned to the commenter. actions in accordance with a method DATES: Comments must be received by Availability of NPRMs approved by the Manager, Flight Test and November 25, 1996. Systems Branch, ANM–111, FAA, Transport ADDRESSES: Submit comments in Any person may obtain a copy of this Airplane Directorate. triplicate to the Federal Aviation NPRM by submitting a request to the (b) An alternative method of compliance or Administration (FAA), Transport FAA, Transport Airplane Directorate, adjustment of the compliance time that Airplane Directorate, ANM–103, ANM–103, Attention: Rules Docket No. provides an acceptable level of safety may be Attention: Rules Docket No. 96–NM– 96–NM–26–AD, 1601 Lind Avenue, used if approved by the Manager, Flight Test SW., Renton, Washington 98055–4056. and Systems Branch, ANM–111. Operators 26–AD, 1601 Lind Avenue, SW., shall submit their requests through an Renton, Washington 98055–4056. Discussion appropriate FAA Principal Maintenance Comments may be inspected at this On August 23, 1993, the FAA issued Inspector, who may add comments and then location between 9:00 a.m. and 3:00 AD 93–17–04, amendment 39–8674 (58 send it to the Manager, Flight Test and p.m., Monday through Friday, except Systems Branch, ANM–111. FR 47036, September 7, 1993), Federal holidays. applicable to British Aerospace Model Note: Information concerning the existence The service information referenced in BAe 146 series airplanes, to require of approved alternative methods of the proposed rule may be obtained from repetitive inspections to detect cracking compliance with this AD, if any, may be British Aerospace Holding, Inc., Avro of the upper main fitting of the nose obtained from the Manager, Flight Test and International Aerospace Division, P.O. Systems Branch, ANM–111. landing gear (NLG), and replacement or Box 16039, Dulles International Airport, repair of cracked parts, if necessary. (c) Special flight permits may be issued in Washington DC 20041–6039. This accordance with sections 21.197 and 21.199 That action was prompted by reports of information may be examined at the of the Federal Aviation Regulations (14 CFR cracking of the upper main fitting of the FAA, Transport Airplane Directorate, 21.197 and 21.199) to operate the airplane to NLG. The requirements of that AD are 1601 Lind Avenue, SW., Renton, a location where the requirements of this AD intended to prevent failure of the main Washington. can be accomplished. fitting, which could lead to collapse of Issued in Renton, Washington, on October FOR FURTHER INFORMATION CONTACT: Tim the NLG during landing. 9, 1996. Backman, Aerospace Engineer, On February 15, 1995, the FAA issued Darrell M. Pederson, Standardization Branch, ANM–113, AD 95–04–06, amendment 39–9158 (60 Acting Manager, Transport Airplane FAA, Transport Airplane Directorate, FR 12413, March 7, 1995), applicable to Directorate, Aircraft Certification Service. 1601 Lind Avenue, SW., Renton, British Aerospace Model Avro 146–RJ [FR Doc. 96–26707 Filed 10–17–96; 8:45 am] Washington 98055–4056; telephone series airplanes. That AD is similar to BILLING CODE 4910±13±U (206) 227–2797; fax (206) 227–1149. AD 93–17–04 in that it requires SUPPLEMENTARY INFORMATION: repetitive inspections to detect cracking of the upper main fitting of the NLG, 14 CFR Part 39 Comments Invited and replacement or repair of cracked [Docket No. 96±NM±26±AD] Interested persons are invited to parts, if necessary. Likewise, that action participate in the making of the was prompted by reports of cracking of RIN 2120±AA64 proposed rule by submitting such the upper main fitting of the NLG. The written data, views, or arguments as requirements of that AD are intended to Airworthiness Directives; British they may desire. Communications shall prevent failure of the main fitting, Aerospace Model BAe 146 and Avro identify the Rules Docket number and which could lead to collapse of the NLG 146±RJ Series Airplanes be submitted in triplicate to the address during landing. AGENCY: specified above. All communications Federal Aviation Action Since Issuance of Previous AD’s Administration, DOT. received on or before the closing date ACTION: Notice of proposed rulemaking for comments, specified above, will be Since the issuance of those AD’s, a (NPRM). considered before taking action on the fatigue analysis and a review of the proposed rule. The proposals contained service reports were conducted by the SUMMARY: This document proposes the in this notice may be changed in light manufacturer of the NLG. The results of supersedure of two existing of the comments received. the analysis and review indicate that airworthiness directives (AD), Comments are specifically invited on crack growth can occur at a faster rate applicable to British Aerospace Model the overall regulatory, economic, than what was considered previously. BAe 146 and Avro 146–RJ series environmental, and energy aspects of The repetitive inspection interval airplanes, that currently require the proposed rule. All comments should be reduced for NLG part number Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54367

200876001 or 200876003 from 4,000 part numbers) would occur more List of Subjects in 14 CFR Part 39 landings to 2,000 landings. The results frequently. The actions would be Air transportation, Aircraft, Aviation of the review and analysis also required to be accomplished in safety, Safety. indicated that the current repetitive accordance with the British Aerospace inspection interval of 8,000 landings is service bulletin described previously. The Proposed Amendment adequate for NLG part numbers Cost Impact Accordingly, pursuant to the 200876002, 200876004, and 201138002. authority delegated to me by the Explanation of Relevant Service There are approximately 52 Model Administrator, the Federal Aviation Information BAe 146 and Model Avro 146–RJ series Administration proposes to amend part Subsequent to the fatigue analysis and airplanes of U.S. registry that would be 39 of the Federal Aviation Regulations review of the service reports, British affected by this proposed AD. (14 CFR part 39) as follows: Aerospace issued Service Bulletin S.B. The inspections that are currently PART 39ÐAIRWORTHINESS 32–131, Revision 3, dated October 18, required by AD 93–17–04 and AD 95– DIRECTIVES 1995, which describes procedures for 04–06, and retained in this proposal, either an eddy current or ultra sensitive take approximately 3 work hours per 1. The authority citation for part 39 penetrant inspection of the NLG to airplane to accomplish, at an average continues to read as follows: detect cracking, and replacement or labor rate of $60 per work hour. Based Authority: 49 U.S.C. 106(g), 40113, 44701. repair of cracked parts, if necessary. on these figures, the cost impact on U.S. (The service bulletin also references operators of the actions currently § 39.13 [Amended] Messier-Dowty Service Bulletin, required is estimated to be $9,360, or 2. Section 39.13 is amended by Revision 2, dated August 2, 1995, as an $180 per airplane, per inspection cycle. removing amendment 39–8674 (58 FR additional source of service Although this proposal adds no new 47036, September 7, 1993), and information.) The CAA classified the actions, the associated costs for some amendment 39–9158 (60 FR 12413, British Aerospace service bulletin as operators would increase somewhat March 7, 1995), and by adding a new mandatory in order to assure the since certain inspections would be airworthiness directive (AD), to read as continued airworthiness of these required to be performed more follows: airplanes in the United Kingdom. frequently. British Aerospace Regional Aircraft Limited, FAA’s Conclusions The cost impact figures discussed AVRO International: Docket 96–NM– 26–AD. Supersedes AD 93–17–04, This airplane model is manufactured above are based on assumptions that no Amendment 39–8674; and AD 95–04–06, in the United Kingdom and is type operator has yet accomplished any of Amendment 39–9158. certificated for operation in the United the current or proposed requirements of Applicability: Model BAe 146 and Avro States under the provisions of section this AD action, and that no operator 146–RJ series airplanes, certificated in any 21.29 of the Federal Aviation would accomplish those actions in the category. Regulations (14 CFR 21.29) and the future if this AD were not adopted. Note 1: This AD applies to each airplane applicable bilateral airworthiness identified in the preceding applicability agreement. Pursuant to this bilateral Regulatory Impact provision, regardless of whether it has been airworthiness agreement, the CAA has The regulations proposed herein modified, altered, or repaired in the area kept the FAA informed of the situation subject to the requirements of this AD. For would not have substantial direct effects airplanes that have been modified, altered, or described above. The FAA has on the States, on the relationship examined the findings of the CAA, repaired so that the performance of the between the national government and reviewed all available information, and requirements of this AD is affected, the the States, or on the distribution of owner/operator must request approval for an determined that AD action is necessary power and responsibilities among the alternative method of compliance in for products of this type design that are various levels of government. Therefore, accordance with paragraph (f) of this AD. The certificated for operation in the United in accordance with Executive Order request should include an assessment of the States. 12612, it is determined that this effect of the modification, alteration, or repair on the unsafe condition addressed by this Explanation of Requirements of proposal would not have sufficient AD; and, if the unsafe condition has not been Proposed Rule federalism implications to warrant the eliminated, the request should include Since an unsafe condition has been preparation of a Federalism Assessment. specific proposed actions to address it. identified that is likely to exist or For the reasons discussed above, I Compliance: Required as indicated, unless develop on other airplanes of the same certify that this proposed regulation (1) accomplished previously. type design registered in the United is not a ‘‘significant regulatory action’’ To prevent the failure of the main fitting, States, the proposed AD would under Executive Order 12866; (2) is not which could lead to collapse of the nose supersede AD 93–17–04 and AD 95–04– a ‘‘significant rule’’ under the DOT landing gear (NLG) during landing, accomplish the following: 06 to continue to require either eddy Regulatory Policies and Procedures (44 current or ultra sensitive penetrant FR 11034, February 26, 1979); and (3) if Restatement of Continuing Requirements inspections to detect cracking of the promulgated, will not have a significant (a) For all Model BAe 146 series airplanes upper main fitting of the NLG, and economic impact, positive or negative, on which NLG part number 200876002, replacement or repair of cracked parts, on a substantial number of small entities 200876004, or 201138002 has been installed: if necessary. Although the inspections under the criteria of the Regulatory (1) Prior to the accumulation of 16,000 required by this proposal are the same Flexibility Act. A copy of the draft total landings or within 30 days after October as the inspections required by AD 93– regulatory evaluation prepared for this 7, 1993 (the effective date of AD 93–17–04, Amendment 39–8674), whichever occurs 17–04 and AD 95–04–06, this proposal action is contained in the Rules Docket. later, conduct an eddy current or ultra would combine the requirements of the A copy of it may be obtained by sensitivity penetrant inspection of the NLG, previous AD’s, but require that the contacting the Rules Docket at the in accordance with British Aerospace Service repetitive inspection interval for certain location provided under the caption Bulletin S.B. 32–131, dated December 6, airplanes (equipped with certain NLG ADDRESSES. 1991; Revision 1, dated November 12, 1992; 54368 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Revision 2, dated July 10, 1993; or Revision (the effective date of AD 95–04–06, of the Federal Aviation Regulations (14 CFR 3, dated October 18, 1995. Repeat the Amendment 39–9158), whichever occurs 21.197 and 21.199) to operate the airplane to inspection thereafter at intervals not to later, conduct an eddy current or ultra high a location where the requirements of this AD exceed 8,000 landings. sensitivity penetrant inspection of the NLG, can be accomplished. (2) If cracking is detected during any in accordance with British Aerospace Service Issued in Renton, Washington, on October inspection required by this paragraph, prior Bulletin S.B. 32–131, dated December 6, 9, 1996. to further flight, replace the currently 1991; Revision 1, dated November 12, 1992; S.R. Miller, installed NLG with a new or serviceable unit, Revision 2, dated July 10, 1993; or Revision or repair the crack, in accordance with a 3, dated October 18, 1995. Repeat the Acting Manager, Transport Airplane method approved by the Manager, inspection thereafter at intervals not to Directorate, Aircraft Certification Service. Standardization Branch, ANM–113, FAA, exceed 4,000 landings until the inspection [FR Doc. 96–26706 Filed 10–17–96; 8:45 am] Transport Airplane Directorate. After required by paragraph (e) of this AD is BILLING CODE 4910±13±U replacement or repair, repeat the inspection accomplished. at intervals not to exceed 8,000 landings. (2) If cracking is detected during any (b) For all Model Avro 146–RJ series inspection required by this paragraph, prior 14 CFR Part 39 airplanes on which NLG part number to further flight, replace the currently 200876002, 200876004, or 201138002 has installed NLG with a new or serviceable unit, [Docket No. 94±CE±34±AD] been installed: or repair the crack, in accordance with a (1) Prior to the accumulation of 16,000 method approved by the Manager, RIN 2120±AA64 total landings or within 30 days after April Standardization Branch, ANM–113, FAA, 6, 1995 (the effective date of AD 95–04–06, Transport Airplane Directorate. After Airworthiness Directives; Raytheon Amendment 39–9158), whichever occurs replacement or repair, repeat the inspection Aircraft Corporation (Formerly Beech later, conduct an eddy current or ultra at intervals not to exceed 4,000 landings until Aircraft Corporation) Model 76 sensitivity penetrant inspection of the NLG, the inspection required by paragraph (e) of Airplanes in accordance with British Aerospace Service this AD is accomplished. AGENCY: Federal Aviation Bulletin S.B. 32–131, dated December 6, New Requirements 1991; Revision 1, dated November 12, 1992; Administration, DOT. (e) For all Model BAe 146 and Avro 146– Revision 2, dated July 10, 1993; or Revision ACTION: RJ series airplanes on which NLG part Notice of proposed rulemaking 3, dated October 18, 1995. Repeat the (NPRM). inspection thereafter at intervals not to number 200876001 or 200876003 has been installed: Within 2,000 landings from the exceed 8,000 landings. SUMMARY: immediately preceding inspection conducted This document proposes to (2) If cracking is detected during any supersede Airworthiness Directive (AD) inspection required by this paragraph, prior in accordance with paragraph (c) or (d) of this AD, or within 3 months after the 91–14–14, which currently requires to further flight, replace the currently repetitively inspecting the main landing installed NLG with a new or serviceable unit, effective date of this AD, whichever occurs or repair the crack, in accordance with a later, accomplish the following: gear (MLG) ‘‘A’’ frame assemblies for (1) Conduct an eddy current or ultra high method approved by the Manager, cracks on Raytheon Aircraft Corporation sensitivity penetrant inspection of the NLG, Standardization Branch, ANM–113, FAA, (Raytheon) Model 76 airplanes, and in accordance with British Aerospace Service Transport Airplane Directorate. After replacing any assembly found cracked. Bulletin S.B. 32–131, Revision 3, dated replacement or repair, repeat the inspection October 18, 1995. Repeat the inspection Reports of fatigue cracks developing on at intervals not to exceed 8,000 landings. thereafter at intervals not to exceed 2,000 the MLG ‘‘A’’ frame assemblies of the (c) For all Model BAe 146 series airplanes landings. Accomplishment of this inspection affected airplanes prompted AD 91–14– on which NLG part number 200876001 or terminates the requirements of paragraph (c) 14. Raytheon has developed improved 200876003 has been installed: and (d) of this AD. design MLG ‘‘A’’ frame assemblies, and (1) Prior to the accumulation of 4,000 total landings or within 30 days after October 7, Note 2: The British Aerospace service the Federal Aviation Administration 1993 (the effective date of AD 93–17–04, bulletin references a Messier-Dowty Service (FAA) has determined that Model 76 Amendment 39–8674), whichever occurs Bulletin 145–32–109, Revision 2, dated airplanes with an improved design ‘‘A’’ later, conduct an eddy current or ultra high August 2, 1995, as an additional source of frame assembly installed on both the left sensitivity penetrant inspection of the NLG, service information. and right MLG should be exempt from in accordance with British Aerospace Service (2) If cracking is detected during any AD 91–14–14. This proposed action Bulletin S.B. 32–131, dated December 6, inspection required by this paragraph, prior retains the requirement of repetitively 1991; Revision 1, dated November 12, 1992; to further flight, replace the currently installed NLG with a new or serviceable unit, inspecting the MLG ‘‘A’’ frame Revision 2, dated July 10, 1993; or Revision assemblies for cracks and replacing any 3, dated October 18, 1995. Repeat the or repair the crack, in accordance with a inspection thereafter at intervals not to method approved by the Manager, cracked ‘‘A’’ frame assembly only for exceed 4,000 landings until the inspection Standardization Branch, ANM–113. After those Model 76 airplanes that do not required by paragraph (e) of this AD is replacement or repair, repeat the inspection have the improved design parts accomplished. at intervals not to exceed 2,000 landings. installed. The actions specified by the (2) If cracking is detected during any (f) An alternative method of compliance or proposed AD are intended to prevent inspection required by this paragraph, prior adjustment of the compliance time that MLG failure because of a cracked ‘‘A’’ provides an acceptable level of safety may be to further flight, replace the currently frame assembly, which could result in installed NLG with a new or serviceable unit, used if approved by the Manager, Standardization Branch, ANM–113. loss of control of the airplane during or repair the crack, in accordance with a landing operations. method approved by the Manager, Operators shall submit their requests through Standardization Branch, ANM–113, FAA, an appropriate FAA Principal Maintenance DATES: Comments must be received on Transport Airplane Directorate. After Inspector, who may add comments and then or before December 20, 1996. replacement or repair, repeat the inspection send it to the Manager, Standardization Branch, ANM–113. ADDRESSES: Submit comments in at intervals not to exceed 4,000 landings until triplicate to the Federal Aviation Note 3: Information concerning the the inspection required by paragraph (e) of Administration (FAA), Central Region, this AD is accomplished. existence of approved alternative methods of (d) For all Model Avro 146–RJ series compliance with this AD, if any, may be Office of the Assistant Chief Counsel, airplanes on which NLG part number obtained from the Standardization Branch, Attention: Rules Docket No. 94–CE–34– 200876001 or 200876003 has been installed: ANM–113. AD, Room 1558, 601 E. 12th Street, (1) Prior to the accumulation of 4,000 total (g) Special flight permits may be issued in Kansas City, Missouri 64106. Comments landings or within 30 days after April 6, 1995 accordance with sections 21.197 and 21.199 may be inspected at this location Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54369 between 8 a.m. and 4 p.m., Monday landing gear (MLG) ‘‘A’’ frame approximately 2 workhours per airplane through Friday, holidays excepted. assemblies for cracks on Raytheon to accomplish the proposed initial Service information that applies to the Model 76 airplanes, and replacing any inspection, and that the average labor proposed AD may be obtained from the MLG ‘‘A’’ frame assembly found rate is approximately $60 an hour. Raytheon Aircraft Corporation, P.O. Box cracked. Accomplishment of the Based on these figures, the total cost 85, Wichita, Kansas 67201–0085. This inspections required by AD 91–14–14 is impact of the proposed AD on U.S. information also may be examined at in accordance with Beech Service operators is estimated to be $52,440. the Rules Docket at the address above. Bulletin (SB) No. 2361, dated February This figure only takes into account the FOR FURTHER INFORMATION CONTACT: Mr. 1991. cost of the proposed initial inspection; Larry Engler, Aerospace Safety Reports of fatigue cracks developing repetitive inspection costs and costs for Engineer, FAA, Wichita Aircraft on the MLG ‘‘A’’ frame assemblies of the replacing any cracked MLG ‘‘A’’ frame Certification Office, 1801 Airport Road, affected airplanes prompted AD 91–14– assemblies are not included in this Mid-Continent Airport, Wichita, Kansas 14. Since the issuance of AD 91–14–14, figure. The FAA has no way of 67209; telephone (316) 946–4122; Raytheon has developed improved determining how many airplanes would facsimile (316) 946–4407. design MLG ‘‘A’’ frame assemblies, part have cracked MLG ‘‘A’’ frame number (P/N) 105–810023–75 (left) and assemblies or how many repetitive SUPPLEMENTARY INFORMATION: P/N 105–810023–76 (right). inspections each affected owner/ operator would incur over the life of the Comments Invited Applicable Service Information airplane. Interested persons are invited to Raytheon has revised SB No. 2361 to The only difference between the participate in the making of the the Revision III level (dated June 1996). proposed AD and AD 91–14–14 is that proposed rule by submitting such This SB revision specifies procedures the proposed AD would exempt written data, views, or arguments as for inspecting the MLG ‘‘A’’ frame airplanes with the improved MLG ‘‘A’’ they may desire. Communications assemblies for cracks, and introduces frame assemblies installed. Therefore, should identify the Rules Docket the improved design MLG ‘‘A’’ frame the cost impact of the proposed AD is number and be submitted in triplicate to assemblies, P/N 105–810023–75 (left) less than that already required by AD the address specified above. All and P/N 105–810023–76 (right). 91–14–14 because some airplanes will communications received on or before The FAA’s Determination have the improved MLG ‘‘A’’ frame the closing date for comments, specified assemblies installed. above, will be considered before taking After examining the circumstances action on the proposed rule. The and reviewing all available information Regulatory Impact proposals contained in this notice may related to the incidents described above, The regulations proposed herein be changed in light of the comments including the referenced service would not have substantial direct effects received. information, the FAA has determined on the States, on the relationship Comments are specifically invited on that (1) Raytheon Model 76 airplanes between the national government and the overall regulatory, economic, incorporating an improved MLG ‘‘A’’ the States, or on the distribution of environmental, and energy aspects of frame assembly on both the left and power and responsibilities among the the proposed rule. All comments right MLG should be exempt from the various levels of government. Therefore, submitted will be available, both before inspections currently required by AD in accordance with Executive Order and after the closing date for comments, 91–14–14; and (2) AD action should be 12612, it is determined that this in the Rules Docket for examination by taken to prevent MLG failure because of proposal would not have sufficient interested persons. A report that a cracked ‘‘A’’ frame assembly, which federalism implications to warrant the summarizes each FAA-public contact could result in loss of control of the preparation of a Federalism Assessment. concerned with the substance of this airplane during landing operations. For the reasons discussed above, I proposal will be filed in the Rules certify that this action (1) is not a Explanation of the Provisions of the Docket. ‘‘significant regulatory action’’ under Proposed AD Commenters wishing the FAA to Executive Order 12866; (2) is not a acknowledge receipt of their comments Since an unsafe condition has been ‘‘significant rule’’ under DOT submitted in response to this notice identified that is likely to exist or Regulatory Policies and Procedures (44 must submit a self-addressed, stamped develop in other Raytheon Model 76 FR 11034, February 26, 1979); and (3) if postcard on which the following airplanes of the same type design, the promulgated, will not have a significant statement is made: ‘‘Comments to proposed AD would supersede AD 91– economic impact, positive or negative, Docket No. 94–CE–34–AD.’’ The 14–14 with a new AD. The proposed on a substantial number of small entities postcard will be date stamped and action would retain the requirement of under the criteria of the Regulatory returned to the commenter. repetitively inspecting the MLG ‘‘A’’ Flexibility Act. A copy of the draft frame assemblies for cracks and Availability of NPRMs regulatory evaluation prepared for this replacing any part found cracked, but action has been placed in the Rules Any person may obtain a copy of this would exempt those airplanes with both Docket. A copy of it may be obtained by NPRM by submitting a request to the a P/N 105–810023–75 (left) and P/N contacting the Rules Docket at the FAA, Central Region, Office of the 105–810023–76 (right) MLG ‘‘A’’ frame location provided under the caption Assistant Chief Counsel, Attention: assembly installed. Accomplishment of ADDRESSES. Rules Docket No. 94–CE–34–AD, Room the proposed repetitive inspections 1558, 601 E. 12th Street, Kansas City, would be in accordance with Beech SB List of Subjects in 14 CFR Part 39 Missouri 64106. No. 2361, Revision III, dated June 1996. Air transportation, Aircraft, Aviation safety, Safety. Discussion Cost Impact AD 91–14–14, Amendment 39–7055 The FAA estimates that 437 airplanes The Proposed Amendment (56 FR 29173, June 26, 1991), currently in the U.S. registry would be affected by Accordingly, pursuant to the requires repetitively inspecting the main the proposed AD, that it would take authority delegated to me by the 54370 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Administrator, the Federal Aviation still applies when this design ‘‘A’’ frame is 802 and AT–802A airplanes. The Administration proposes to amend 14 installed. proposed action would require revising CFR part 39 of the Federal Aviation (2) A P/N 105–810023–75 (left) or P/N the Airworthiness Limitations section of Regulations as follows: 105–810023–76 (right) main MLG ‘‘A’’ frame the applicable maintenance manual to assembly, as applicable. Repetitive change the life limit of the tail landing inspections are no longer required on an PART 39ÐAIRWORTHINESS gear spring. Results from a routine DIRECTIVES MLG ‘‘A’’ frame assembly incorporating this design configuration. Repetitive inspections analysis of the life-limited parts of the 1. The authority citation for part 39 are still required on an MLG ‘‘A’’ frame affected airplanes prompted the continues to read as follows: assembly if it does not incorporate this proposed AD. In particular, the tail improved design configuration. landing gear spring life limit is not Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Installing both P/N 105–810023–75 consistent with that called out for the (left) and P/N 105–810023–76 (right) MLG § 39.13 [Amended] main landing gear spring. The actions ‘‘A’’ frame assemblies eliminates the specified by the proposed AD are 2. Section 39.13 is amended by repetitive inspection requirement of this AD. removing Airworthiness Directive (AD) intended to prevent fatigue failure of a (d) Special flight permits may be issued in tail landing gear spring before the life 91–14–14, Amendment 39–7055 (56 FR accordance with 14 CFR 21.197 and 21.199 limit of the part is achieved, which 29173, June 26, 1991), and by adding a to operate the airplane to a location where could result in loss of control of the new AD to read as follows: the requirements of this AD can be accomplished. airplane. Raytheon Aircraft Corporation (formerly (e) An alternative method of compliance or DATES: Comments must be received on Beech Aircraft Corporation): Docket No. adjustment of the compliance time that or before December 20, 1996. 94–CE–34–AD; Supersedes AD 91–14– provides an equivalent level of safety may be 14, Amendment 39–7055. ADDRESSES: Submit comments in approved by the Manager, Wichita Aircraft triplicate to the Federal Aviation Applicability: Model 76 airplanes (serial Certification Office (ACO), 1801 Airport numbers ME–1 through ME–437), certificated Road, Room 100, Mid-Continent Airport, Administration (FAA), Central Region, in any category, that do not have both a part Wichita, Kansas 67209. The request shall be Office of the Assistant Chief Counsel, number (P/N) 105–810023–75 (left) and P/N forwarded through an appropriate FAA Attention: Rules Docket No. 96–CE–48– 105–810023–76 (right) main landing gear Maintenance Inspector, who may add AD, Room 1558, 601 E. 12th Street, (MLG) ‘‘A’’ frame assembly installed. comments and then send it to the Manager, Kansas City, Missouri 64106. Comments Note 1: This AD applies to each airplane Wichita ACO. may be inspected at this location identified in the preceding applicability Note 2: Information concerning the between 8 a.m. and 4 p.m., Monday provision, regardless of whether it has been existence of approved alternative methods of through Friday, holidays excepted. modified, altered, or repaired in the area compliance with this AD, if any, may be Service information that applies to the subject to the requirements of this AD. For obtained from the Wichita ACO. airplanes that have been modified, altered, or proposed AD may be obtained from Air (f) All persons affected by this directive repaired so that the performance of the Tractor, Inc., P. O. Box 485, Olney, may obtain copies of the document referred requirements of this AD is affected, the Texas 76374; telephone (817) 564–5616; to herein upon request to the Raytheon owner/operator must request approval for an facsimile (817) 564–2348. This Aircraft Corporation, P.O. Box 85, Wichita, alternative method of compliance in Kansas 67201–0085; or may examine this information also may be examined at accordance with paragraph (e) of this AD. document at the FAA, Central Region, Office the Rules Docket at the address above. The request should include an assessment of of the Assistant Chief Counsel, Room 1558, FOR FURTHER INFORMATION CONTACT: Bob the effect of the modification, alteration, or repair on the unsafe condition addressed by 601 E. 12th Street, Kansas City, Missouri May, Aerospace Engineer, FAA, Aircraft this AD; and, if the unsafe condition has not 64106. Certification Office, 2601 Meacham been eliminated, the request should include (g) This amendment supersedes AD 91–14– Boulevard, Fort Worth, Texas 76193– specific proposed actions to address it. 14, Amendment 39–7055. 0150; telephone (817) 222–5155; Compliance: Required within the next 50 Issued in Kansas City, Missouri, on facsimile (817) 222–5960. hours time-in-service (TIS) after the effective October 10, 1996. SUPPLEMENTARY INFORMATION: date of this AD, unless already accomplished Marvin R. Nuss, (compliance with AD 91–14–14), and Acting Manager, Small Airplane Directorate, Comments Invited thereafter at intervals not to exceed 100 hours Aircraft Certification Service. Interested persons are invited to TIS . [FR Doc. 96–26704 Filed 10–17–96; 8:45 am] To prevent MLG failure because of a participate in the making of the cracked ‘‘A’’ frame assembly, which could BILLING CODE 4910±13±U proposed rule by submitting such result in loss of control of the airplane during written data, views, or arguments as landing operations, accomplish the they may desire. Communications following: 14 CFR Part 39 should identify the Rules Docket (a) Inspect, using both visual and dye [Docket No. 96±CE±48±AD] number and be submitted in triplicate to penetrant methods, both the left and right the address specified above. All MLG ‘‘A’’ frame assemblies for cracks in RIN 2120±AA64 communications received on or before accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Service Airworthiness Directives; Air Tractor, the closing date for comments, specified Bulletin No. 2361, Revision III, dated June Inc. Models AT±802 and AT±802A above, will be considered before taking 1996. Pay particular attention to the tips of Airplanes action on the proposed rule. The the gussets and the small corrosion treatment proposals contained in this notice may hole adjacent to the gusset. AGENCY: Federal Aviation be changed in light of the comments (b) If any MLG ‘‘A’’ frame assembly is Administration, DOT. received. found cracked during any inspection ACTION: Notice of proposed rulemaking Comments are specifically invited on required by this AD, prior to further flight, the overall regulatory, economic, replace the assembly with one of the (NPRM). following in accordance with Chapter 32 of environmental, and energy aspects of the Raytheon Model 76 Maintenance Manual: SUMMARY: This document proposes to the proposed rule. All comments (1) A new MLG ‘‘A’’ frame assembly with adopt a new airworthiness directive submitted will be available, both before the same P/N as that found cracked. The 100- (AD) that would apply to certain Air and after the closing date for comments, hour TIS repetitive inspection requirement Tractor, Inc. (Air Tractor) Models AT– in the Rules Docket for examination by Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54371 interested persons. A report that Explanation of the Provisions of the List of Subjects in 14 CFR Part 39 summarizes each FAA-public contact Proposed AD Air transportation, Aircraft, Aviation concerned with the substance of this safety, Safety. proposal will be filed in the Rules Since an unsafe condition has been Docket. identified that is likely to exist or The Proposed Amendment develop in other Air Tractor Models Commenters wishing the FAA to Accordingly, pursuant to the AT–802 and AT–802A airplanes of the acknowledge receipt of their comments authority delegated to me by the submitted in response to this notice same type design, the proposed AD Administrator, the Federal Aviation must submit a self-addressed, stamped would require revising the Administration proposes to amend part postcard on which the following Airworthiness Limitations section of the 39 of the Federal Aviation Regulations statement is made: ‘‘Comments to applicable maintenance manual to (14 CFR part 39) as follows: Docket No. 96–CE–48–AD.’’ The change the life limit of the tail landing postcard will be date stamped and gear spring. The proposed revision PART 39ÐAIRWORTHINESS returned to the commenter. would be accomplished by DIRECTIVES incorporating the revision to Section 6, Availability of NPRMs Airworthiness Limitations, of the Air 1. The authority citation for part 39 Any person may obtain a copy of this Tractor AT 802/802A Maintenance continues to read as follows: NPRM by submitting a request to the Manual, dated May 24, 1996. Authority: 49 U.S.C. 106(g), 40113, 44701. FAA, Central Region, Office of the Cost Impact § 39.13 [Amended] Assistant Chief Counsel, Attention: 2. Section 39.13 is amended by Rules Docket No. 96–CE–48–AD, Room The FAA estimates that 37 airplanes adding a new airworthiness directive 1558, 601 E. 12th Street, Kansas City, in the U.S. registry would be affected by (AD) to read as follows: Missouri 64106. the proposed AD. An owner/operator of Air Tractor, Inc.: Docket No. 96–CE–48–AD. Discussion one of the affected airplanes holding at least a private pilot certificate would be Applicability: Models AT–802 and AT– Routine analysis of the life-limited allowed to incorporate the manual 802A airplanes (serial numbers 0001 through parts on Air Tractor Models AT–802 revision as authorized by section 43.7 of 0038), certificated in any category. and AT–802A airplanes reveals that the the Federal Aviation Regulations (14 Note 1: This AD applies to each airplane life limit of the tail landing gear spring CFR 43.7). With this in mind, the only identified in the preceding applicability provision, regardless of whether it has been is not consistent with that called out for impact the proposed AD would have the main landing gear spring. modified, altered, or repaired in the area upon U.S. owners/operators of the subject to the requirements of this AD. For Specifically, the tail landing gear spring affected airplanes would be the time it airplanes that have been modified, altered, or life limit was only related to hours time- would take the individual owners/ repaired so that the performance of the in-service (TIS) and was not tied to operators of the affected airplanes to requirements of this AD is affected, the landings. When adjusting the life limit incorporate the proposed manual owner/operator must request approval for an of the tail landing gear spring to revision. alternative method of compliance in landings as well as hours TIS, the FAA accordance with paragraph (d) of this AD. noticed that the hours TIS life limit for Regulatory Impact The request should include an assessment of the effect of the modification, alteration, or this part is not consistent with that of The regulations proposed herein repair on the unsafe condition addressed by the main landing gear spring; the life would not have substantial direct effects this AD; and, if the unsafe condition has not limit of the tail landing gear spring is on the States, on the relationship been eliminated, the request should include currently 3,500 hours TIS and should be between the national government and specific proposed actions to address it. 3,000 hours TIS to be consistent with the States, or on the distribution of Compliance: Required within the next 100 the main landing gear spring. power and responsibilities among the hours time-in-service after the effective date of this AD, unless already accomplished. Applicable Maintenance Manual various levels of government. Therefore, To prevent fatigue failure of a tail landing Revision in accordance with Executive Order gear spring before the life limit of the part is Air Tractor has revised Section 6, 12612, it is determined that this achieved, which could result in loss of Airworthiness Limitations, of the Air proposal would not have sufficient control of the airplane, accomplish the following: Tractor AT 802/802A Maintenance federalism implications to warrant the preparation of a Federalism Assessment. (a) Incorporate the revision to Section 6, Manual. This revision changes the life Airworthiness Limitations, of the Air Tractor limit of the tail landing gear spring from For the reasons discussed above, I AT 802/802A Maintenance Manual, dated 3,500 hours TIS to 3,000 hours TIS and certify that this action (1) is not a May 24, 1996. includes 8,000 landings (the life limit ‘‘significant regulatory action’’ under (b) Incorporating the maintenance manual being that which comes first). This Executive Order 12866; (2) is not a revision as required by paragraph (a) of this revision is dated May 24, 1996. ‘‘significant rule’’ under DOT AD may be performed by the airplane owner/ Regulatory Policies and Procedures (44 operator holding at least a private pilot The FAA’s Determination FR 11034, February 26, 1979); and (3) if certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR After examining the circumstances promulgated, will not have a significant 43.7), and must be entered into the aircraft and reviewing all available information economic impact, positive or negative, records showing compliance with this AD in related to the situation described above, on a substantial number of small entities accordance with section 43.11 of the Federal the FAA has determined that (1) the life under the criteria of the Regulatory Aviation Regulations (14 CFR 43.11). limit of the tail landing gear spring Flexibility Act. A copy of the draft (c) Special flight permits may be issued in should be changed; and (2) AD action regulatory evaluation prepared for this accordance with sections 21.197 and 21.199 should be taken to prevent fatigue action has been placed in the Rules of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to failure of a tail landing gear spring Docket. A copy of it may be obtained by a location where the requirements of this AD before the life limit of the part is contacting the Rules Docket at the can be accomplished. achieved, which could result in loss of location provided under the caption (d) An alternative method of compliance or control of the airplane. ADDRESSES. adjustment of the compliance times that 54372 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules provides an equivalent level of safety may be ADDRESSES: Submit comments in Rules Docket No. 96–CE–44–AD, Room approved by the Manager, FAA, Aircraft triplicate to the Federal Aviation 1558, 601 E. 12th Street, Kansas City, Certification Office, 2601 Meacham Administration (FAA), Central Region, Missouri 64106. Boulevard, Fort Worth, Texas 76193–0150. Office of the Assistant Chief Counsel, The request shall be forwarded through an Discussion appropriate FAA Maintenance Inspector, Attention: Rules Docket No. 96–CE–44– who may add comments and then send it to AD, Room 1558, 601 E. 12th Street, The FAA has received a report of the the Manager, Fort Worth ACO. Kansas City, Missouri 64106. Comments ruddervator control pushrod splitting on Note 2: Information concerning the may be inspected at this location a Raytheon 35 series airplane; 3 existence of approved alternative methods of between 8 a.m. and 4 p.m., Monday specifically a ⁄4-inch longitudinal split compliance with this AD, if any, may be through Friday, holidays excepted. was found in the left ruddervator obtained from the Fort Worth ACO. Service information that applies to the control pushrod. The splitting is (e) All persons affected by this directive proposed AD may be obtained from the attributed to water freezing in the may obtain copies of the maintenance Raytheon Aircraft Corporation, P.O. Box internal area of the control push rod. manual revision referred to herein upon 85, Wichita, Kansas 67201–0085. This The design of the ruddervator request to Air Tractor Inc., P. O. Box 485, information also may be examined at differential tail control rod assembly is Olney, Texas 76374; or may examine this the Rules Docket at the address above. that the two rods have a hollow shaft information at the FAA, Central Region, FOR FURTHER INFORMATION CONTACT: Mr. that is open at both ends and extends Office of the Assistant Chief Counsel, Room through the length of the rod. Moisture 1558, 601 E. 12th Street, Kansas City, Larry Engler, Aerospace Safety Missouri 64106. Engineer, FAA, Wichita Aircraft laden air is entering the rod assembly through these hollow shafts and then Issued in Kansas City, Missouri, on Certification Office, 1801 Airport Road, October 10, 1996. Mid-Continent Airport, Wichita, Kansas condenses in the rod assembly tube. When the moisture accumulates, it Marvin R. Nuss, 67209; telephone (316) 946–4122; facsimile (316) 946–4407. freezes in cold weather, expands, and Acting Manager, Small Airplane Directorate, causes the ruddervator control pushrod Aircraft Certification Service. SUPPLEMENTARY INFORMATION: to split. This condition could lead to [FR Doc. 96–26700 Filed 10–17–96; 8:45 am] Comments Invited failure of the ruddervator differential BILLING CODE 4910±13±U Interested persons are invited to tail control rod asssembly and participate in the making of the subsequent loss of control of the 14 CFR Part 39 proposed rule by submitting such airplane. written data, views, or arguments as Applicable Service Information [Docket No. 96±CE±44±AD] they may desire. Communications Raytheon has issued Service Bulletin should identify the Rules Docket RIN 2120±AA64 (SB) No. 2668, dated September 1996, number and be submitted in triplicate to which specifies procedures for Airworthiness Directives; Raytheon the address specified above. All inspecting the ruddervator differential Aircraft Corporation (Formerly Beech communications received on or before tail control rod assembly, and repairing Aircraft Corporation) 35 Series the closing date for comments, specified or replacing any cracked part. Raytheon Airplanes above, will be considered before taking SB No. 2668 also specifies procedures action on the proposed rule. The for applying an anti-corrosion sealant to AGENCY: Federal Aviation proposals contained in this notice may the ruddervator control pushrods. This Administration, DOT. be changed in light of the comments service bulletin applies to certain serial ACTION: Notice of proposed rulemaking received. numbers (D–1 through D10403, D– (NPRM). Comments are specifically invited on 15001, and D–15002) of the following the overall regulatory, economic, models of Raytheon 35 series airplanes: SUMMARY: This document proposes to environmental, and energy aspects of adopt a new airworthiness directive the proposed rule. All comments 35 35R A35 B35 (AD) that would apply to certain submitted will be available, both before C35 D35 E35 F35 Raytheon Aircraft Corporation G35 H35 J35 K35 and after the closing date for comments, M35 N35 P35 S35 (Raytheon) 35 series airplanes. The in the Rules Docket for examination by proposed action would require V35 V35–TC V35A V35A–TC interested persons. A report that V35B V35B–TC inspecting the ruddervator differential summarizes each FAA-public contact tail control rod assembly for corrosion concerned with the substance of this The FAA’s Determination or cracks, repairing or replacing any proposal will be filed in the Rules After examining the circumstances cracked or corroded part, and applying Docket. and reviewing all available information anti-corrosion sealant to the ruddervator Commenters wishing the FAA to related to the incidents described above, control pushrods. The proposed action acknowledge receipt of their comments including the referenced service results from a split in the ruddervator submitted in response to this notice information, the FAA has determined control push rod on an affected airplane must submit a self-addressed, stamped that AD action should be taken to that was found during a routine postcard on which the following prevent failure of the ruddervator inspection. The split occurred when statement is made: ‘‘Comments to differential tail control rod assembly, water froze in the internal area of the Docket No. 96–CE–44–AD.’’ The which could result in loss of control of control push rod and then expanded. postcard will be date stamped and the airplane. The actions specified by the proposed returned to the commenter. AD are intended to prevent failure of the Explanation of the Provisions of the differential tail control rod assembly, Availability of NPRMs Proposed AD which could result in loss of control of Any person may obtain a copy of this Since an unsafe condition has been the airplane. NPRM by submitting a request to the identified that is likely to exist or DATES: Comments must be received on FAA, Central Region, Office of the develop in other Raytheon 35 series or before December 20, 1996. Assistant Chief Counsel, Attention: Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54373 airplanes of the same type design, the The Proposed Amendment (d) An alternative method of compliance or adjustment of the compliance time that proposed AD would require inspecting Accordingly, pursuant to the the ruddervator differential tail control provides an equivalent level of safety may be authority delegated to me by the approved by the Manager, Wichita Aircraft rod assembly for corrosion or cracks, Administrator, the Federal Aviation repairing or replacing any cracked or Certification Office (ACO), 1801 Airport Administration proposes to amend part Road, Room 100, Mid-Continent Airport, corroded part, and applying corrosion 39 of the Federal Aviation Regulations Wichita, Kansas 67209. The request shall be sealant to the ruddervator control (14 CFR part 39) as follows: forwarded through an appropriate FAA pushrods. Accomplishment of the Maintenance Inspector, who may add proposed actions would be in PART 39ÐAIRWORTHINESS comments and then send it to the Manager, accordance with Raytheon SB No. 2668, DIRECTIVES Wichita ACO. dated September 1996. Note 2: Information concerning the 1. The authority citation for part 39 existence of approved alternative methods of Cost Impact continues to read as follows: compliance with this AD, if any, may be The FAA estimates that 10,405 Authority: 49 U.S.C. 106(g), 40113, 44701. obtained from the Wichita ACO. airplanes in the U.S. registry would be (e) All persons affected by this directive affected by the proposed AD, that it § 39.13 [Amended] may obtain copies of the document referred would take approximately 4 workhours 2. Section 39.13 is amended by to herein upon request to the Raytheon per airplane to accomplish the proposed adding a new airworthiness directive Aircraft Corporation, P.O. Box 85, Wichita, inspection and anti-corrosion sealant (AD) to read as follows: Kansas 67201–0085; or may examine this application, and that the average labor document at the FAA, Central Region, Office Raytheon Aircraft Corporation (formerly of the Assistant Chief Counsel, Room 1558, rate is approximately $60 an hour. Beech Aircraft Corporation): Docket No. 601 E. 12th Street, Kansas City, Missouri Based on these figures, the total cost 96–CE–44–AD. 64106. impact of the proposed AD on U.S. Applicability: Models 35, 35R, A35, B35, Issued in Kansas City, Missouri, on operators is estimated to be $2,497,200. C35, D35, E35, F35, G35, H35, J35, K35, M35, October 10, 1996. N35, P35, S35, V35, V35TC, V35A, V35A– This figure is based on the assumption Marvin R. Nuss, that none of the affected airplanes TC, V35B, and V35B–TC airplanes (serial Acting Manager, Small Airplane Directorate, would have a corroded or cracked part numbers D–1 through D–10403, D–15001, and D–15002), certificated in any category. Aircraft Certification Service. in the ruddervator differential tail [FR Doc. 96–26699 Filed 10–17–96; 8:45 am] control rod assembly that would need to Note 1: This AD applies to each airplane identified in the preceding applicability BILLING CODE 4910±13±U be repaired or replaced. The FAA has no provision, regardless of whether it has been way of determining how many modified, altered, or repaired in the area ruddervator control push rods that subject to the requirements of this AD. For would be corroded or cracked. airplanes that have been modified, altered, or DEPARTMENT OF THE INTERIOR repaired so that the performance of the Regulatory Impact requirements of this AD is affected, the Office of Surface Mining Reclamation The regulations proposed herein owner/operator must request approval for an and Enforcement would not have substantial direct effects alternative method of compliance in 30 CFR Part 935 on the States, on the relationship accordance with paragraph (d) of this AD. The request should include an assessment of # between the national government and the effect of the modification, alteration, or [OH±240±FOR, 74] the States, or on the distribution of repair on the unsafe condition addressed by power and responsibilities among the this AD; and, if the unsafe condition has not Ohio Regulatory Program been eliminated, the request should include various levels of government. Therefore, AGENCY: Office of Surface Mining in accordance with Executive Order specific proposed actions to address it. Compliance: Required within the next 100 Reclamation and Enforcement (OSM), 12612, it is determined that this Interior. proposal would not have sufficient hours time-in-service after the effective date of this AD, unless already accomplished. federalism implications to warrant the ACTION: Proposed rule; public comment preparation of a Federalism Assessment. To prevent failure of the ruddervator period and opportunity for public differential tail control rod assembly, which hearing. For the reasons discussed above, I could result in loss of control of the airplane, certify that this action (1) is not a accomplish the following: SUMMARY: OSM is announcing receipt of ‘‘significant regulatory action’’ under (a) Inspect the ruddervator differential tail a proposed amendment to the Ohio Executive Order 12866; (2) is not a control rod assembly for cracks and corrosion regulatory program (hereinafter referred in accordance with the ACCOMPLISHMENT ‘‘significant rule’’ under DOT to as the ‘‘Ohio program’’) under the Regulatory Policies and Procedures (44 INSTRUCTIONS section of Raytheon Service Bulletin (SB) No. 2668, dated September Surface Mining Control and FR 11034, February 26, 1979); and (3) if Reclamation Act of 1977 (SMCRA). The promulgated, will not have a significant 1996. Prior to further flight, repair or replace any corroded or cracked part as specified in proposed amendment consists of economic impact, positive or negative, and in accordance with the revisions to section 1501:13–6–03 of the on a substantial number of small entities ACCOMPLISHMENT INSTRUCTIONS Ohio Administrative Code (OAC) under the criteria of the Regulatory section of Raytheon SB No. 2668, dated dealing with the Small Operator Flexibility Act. A copy of the draft September 1996. Assistance Program (SOAP). The (b) Apply anti-corrosion sealant to the regulatory evaluation prepared for this amendment is intended to revise the action has been placed in the Rules ruddervator control pushrods in accordance with the ACCOMPLISHMENT Ohio program to be consistent with the Docket. A copy of it may be obtained by corresponding Federal regulations. contacting the Rules Docket at the INSTRUCTIONS section of Raytheon SB No. 2668, dated September 1996. DATES: Written comments must be location provided under the caption (c) Special flight permits may be issued in ADDRESSES. received by 4:00 p.m., [E.D.T.] accordance with sections 21.197 and 21.199 November 18, 1996. List of Subjects in 14 CFR Part 39 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to ADDRESSES: Written comments and Air transportation, Aircraft, Aviation a location where the requirements of this AD requests to speak at the hearing should safety, Safety. can be accomplished. be mailed or hand delivered to George 54374 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Rieger, Field Branch Chief, at the 1. OAC 1501:13–6–03 Small Operator (g) Paragraph (F)(2) is amended by address listed below. Assistance Program deleting the heading ‘‘specific Copies of the Ohio program, the provisions’’ and adding the following: (a) Paragraph (A)(1) is amended by ‘‘The data, analyses, and statements proposed amendment, a listing of any adding items for which qualified scheduled public hearings, and all provided to the chief shall be sufficient operators may request assistance. These to satisfy the requirements for:’’. written comments received in response include engineering analysis and to this document will be available for Subparagraphs (F)(2) (a) and (b) are designs necessary for the determination amended to include engineering public review at the addresses listed of probable hydrologic consequences below during normal business hours, analyses and designs necessary for the added to subparagraph (A)(1)(a), and probable hydrologic consequences Monday through Friday, excluding amending subparagraph (A)(1)(b) to holidays. Each requester may receive determination, and the drilling and include geologic drilling and statement statement by a qualified laboratory of one free copy of the proposed of the results of physical and chemical amendment by contacting OSM’s the result of test borings or core analyses of test borings or core samples. samplings, respectively. Subparagraph Appalachian Regional Coordinating (b) New subparagraphs (C) (D) (E) and Center. (F)(2)(b) is further amended by adding (F) are added to identify the provisions for obtaining a waiver from George Rieger, Field Branch Chief, development of cross-section maps and the requirement. Subparagraph (F)(2)(c) Appalachian Regional Coordinating plans; the collection of archaeological pertaining to this waiver is deleted. Center, Office of Surface Mining information and other historical Existing subparagraph (F)(2)(d) is re- Reclamation and Enforcement, 3 information and the preparation of numbered as (F)(3), and existing Parkway Center, Pittsburgh PA 15220, plans necessitated thereby; pre-blast subparagraphs (F)(2) (e) and (f) are Telephone: (412) 937–2153 surveys; and the collection of site deleted. Ohio Division of Mines and specific resource information and New subparagraphs (F)(2) (C), (D), (E), Reclamation, 1855 Fountain Square production of protection and and (F) are added to identify the specific Court, Columbus, Ohio 43244, enhancement plans for fish and wildlife requirements that must be met for the Telephone: (614) 265–1076. habitats and other environmental values development of cross-section maps and required by the chief, respectively, as plans; the collection of archeological FOR FURTHER INFORMATION CONTACT: items for which a qualified operator information and other historical George Rieger, Field Branch Chief, may request assistance. information; pre-blast surveys; and the Appalachian Regional Coordinating (c) Paragraph (B) is amended by collection of site-specific resource Center, Telephone: (412) 937–2153. deleting subparagraphs (1) and (2) information and production of SUPPLEMENTARY INFORMATION: dealing with probable hydrologic protection and enhancement plans for consequences and results of test borings fish and wildlife habitats and other I. Background on the Ohio Program and core samplings which are added to environmental values, respectively. Paragraph (A) of this amendment, and On August 16, 1982, the Secretary of III. Public Comment Procedures the Interior conditionally approved the adding a statement referencing the In accordance with the provisions of Ohio program. Background information services eligible are under paragraph 30 CFR 732.17(h), OSM is seeking on the Ohio program, including the (A). comments on whether the proposed Secretary’s findings, the disposition of (d) Paragraph (C)(2) is further amendment satisfies the applicable comments, and the conditions of amended by substituting the program approval criteria of 30 CFR approval can be found in the August 10, Department of Natural Resources as an 732.15. If the amendment is deemed 1982, Federal Register (47 CFR 34688). additional reference for production adequate, it will become part of the Subsequent actions concerning figure verification instead of the Ohio program. conditions of approval and program division of mines and the division of amendments can be fount at 30 CFR reclamation. Subparagraphs (C)(2)(a) Written Comments and (C)(2)(b) are amended by changing 935.11, 935.15, and 935.16. Written comments should be specific, the applicant ownership limit from pertain only to the issues proposed in II. Description of the Proposed ‘‘more than a five percent limit’’ to ‘‘ten this rulemaking, and include Amendment percent or more’’ limit. explanations in support of the By letter dated October 3, 1996, (e) New subparagraph (D)(9) is added commenter’s recommendations. (Administrative Record No. OH–2170– to require that an applicant for Comments received after the time 00) Ohio submitted proposed assistance shall also submit a general indicated under DATES or at locations amendments to the Ohio program statement on the probable depth and other than the Appalachian Regional concerning the SOAP. Ohio submitted thickness of the coal resource including Coordinating Center will not necessarily the proposed amendments at its own a statement of reserves in the permit be considered in the final rulemaking or initiative. The amendment proposes area and the method by which they included in the Administrative Record. numerous changes regarding both the were calculated. Subsequent title of the division and gender. subparagraphs are re-lettered Public Hearing Throughout the amendment, references accordingly. Persons wishing to speak at the public to the ‘‘division of reclamation’’ are (f) Subparagraph (D)(10) is amended hearing should contact the person listed changed to the ‘’division of mines and by deleting the specific map scale under FOR FURTHER INFORMATION reclamation’’ and references to ‘‘he’’ or references required for a topographic CONTACT by 4:00 p.m., [E.D.T.] on ‘‘his’’ are changed to ‘‘he or she’’ or ‘‘his map and adding a reference to Rule November 4, 1996. The location and or hers’’, respectively. These changes 1501:13–9–04 of the OAC. New time of the hearing will be arranged are not specifically enumerated below. subparagraph (D)(10)(E) is added to with those persons requesting the The substantive changes proposed by require that such topographic maps also hearing. If no one requests an Ohio in the revised amendment are include any additional information opportunity to speak at the public discussed briefly below: required by the chief. hearing, the hearing will not be held. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54375

Filing of a written statement at the solely on a determination of whether the 30 CFR Part 935 time of the hearing is requested as it submittal is consistent with SMCRA and [OH±239±FOR, #73] will greatly assist the transcriber. its implementing Federal regulations Submission of written statements in and whether the other requirements of Ohio Regulatory Program advance of the hearing will allow OSM 30 CFR Parts 730, 731, and 732 have officials to prepare adequate responses been met. AGENCY: Office of Surface Mining and appropriate questions. Reclamation and Enforcement (OSM), The public hearing will continue on National Environmental Policy Act Interior. the specified date until all persons No environmental impact statement is ACTION: Proposed rule; reopening of scheduled to speak have been heard. required for this rule since section comment period. Persons in the audience who have not 702(d) of SMCRA (30 U.S.C. 1292(d)) been scheduled to speak, and who wish SUMMARY: OSM is reopening the public provides that agency decisions on to do so, will be heard following those comment period on a proposed proposed State regulatory program who have been scheduled. The hearing amendment to the Ohio permanent provisions do not constitute major will end after all persons scheduled to regulatory program (hereinafter referred Federal actions within the meaning of speak and persons present in the to as the ‘‘Ohio program’’) under the section 102(2)(C) of the National audience who wish to speak have been Surface Mining Control and heard. Environmental Policy Act (42 U.S.C. Reclamation Act of 1977 (SMCRA). The Any disabled individual who has 4332(2)(C)). proposed amendment consists of revisions to sections of the Ohio need for a special accommodation to Paperwork Reduction Act attend a public hearing should contact Administrative Code (OAC) dealing the individual listed under FOR FURTHER This rule does not contain with surface mining operations on INFORMATION CONTACT. information collection requirements that remining areas. The amendment is require approval by OMB under the intended to revise the Ohio program to Public Meeting Paperwork Reduction Act (44 U.S.C. be consistent with the Federal If only one person requests an 3507 et seq.). regulations as amended on November opportunity to speak at a hearing, a 27, 1995 (60 FR 58480). public meeting, rather than a public Regulatory Flexibility Act DATES: Written comments must be received by 4:00 p.m., [E.D.T.] hearing, may be held. Persons wishing The Department of the Interior has November 4, 1996. to meet with OSM representatives to determined that this rule will not have discuss the proposed amendment may a significant economic impact on a ADDRESSES: Written comments and request a meeting by contacting the substantial number of small entities requests to speak at the hearing should person listed under FOR FURTHER under the Regulatory Flexibility Act (5 be mailed or hand delivered to George INFORMATION CONTACT. All such meetings U.S.C. 601 et seq.). The State submittal Rieger, Field Branch Chief, at the will be open to the public and, if address listed below. which is the subject of this rule is based possible, notices of meetings will be Copies of the Ohio program, the upon counterpart Federal regulations for posted at the locations listed under proposed amendment, a listing of any which an economic analysis was ADDRESSES. A written summary of each scheduled public hearings, and all prepared and certification made that meeting will be made a part of the written comments received in response Administrative Record. such regulations would not have a to this document will be available for significant economic effect upon a public review at the addresses listed IV. Procedural Determinations substantial number of small entities. below during normal business hours, Executive Order 12866 Accordingly, this rule will ensure that Monday through Friday, excluding existing requirements previously holidays. Each requester may receive This rule is exempted from review by promulgated by OSM will be one free copy of the proposed the Office of Management and Budget implemented by the State. In making the amendment by contacting OSM’s (OMB) under Executive Order 12866 determination as to whether this rule Appalachian Regional Coordinating (Regulatory Planning and Review). would have a significant economic Center. Executive Order 12988 impact, the Department relied upon the George Rieger, Field Branch Chief, data and assumptions for the Appalachian Regional Coordinating The Department of the Interior has counterpart Federal regulations. conducted the reviews required by Center, Office of Surface Mining section 2 of Executive Order 12988 Unfunded Mandates Reclamation and Enforcement, 3 (Civil Justice Reform) and has Parkway Center, Pittsburgh PA 15220, determined that, to the extent allowed This rule will not impose a cost of Telephone: (412) 937–2153 by law, this rule meets the applicable $100 million or more in any given year Ohio Division of Mines and standards of subsections (a) and (b) of on any governmental entity or the Reclamation, 1855 Fountain Square that section. However, these standards private sector. Court, Columbus, Ohio 43244, Telephone: (614) 265–1076. are not applicable to the actual language List of Subjects in 30 CFR Part 935 of State regulatory programs and FOR FURTHER INFORMATION CONTACT: program amendments since each such Intergovernmental relations, Surface George Rieger, Field Branch Chief, program is drafted and promulgated by mining, Underground mining. Appalachian Regional Coordinating a specific State, not by OSM. Under Center, Telephone: (412) 937–2153. Dated: October 10, 1996. sections 503 and 505 of SMCRA (30 SUPPLEMENTARY INFORMATION: U.S.C. 1253 and 1255) and 30 CFR Allen D. Klein, 730.11, 732.15, and 732.17(h)(10), Regional Director, Appalachian Regional I. Background on the Ohio Program decisions on proposed State regulatory Coordinating Center. On August 16, 1982, the Secretary of programs and program amendments [FR Doc. 96–26776 Filed 10–17–96; 8:45 am] the Interior conditionally approved the submitted by the States must be based BILLING CODE 4310±05±M Ohio program. Background information 54376 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules on the Ohio program, including the 3. OAC 1501:13–9–15 Revegetation Written Comments Secretary’s findings, the disposition of (a) Paragraphs and subparagraphs comments, and the conditions of Written comments should be specific, (F)(3), (F)(3)(a), (G)(3)(a), (I)(6), (J)(1)(b), pertain only to the issues proposed in approval can be found in the August 10, and (L)(2) are amended by deleting the 1982, Federal Register (47 FR 34688). this rulemaking, and include words ‘‘five year’’ before the word explanations in support of the Subsequent actions concerning ‘‘period’’ in each. These changes reflect conditions of approval and program commenter’s recommendations. the revised period of extended Comments received after the time amendments can be found at 30 CFR responsibility included in the proposed indicated under ‘‘DATES’’ or at 935.11, 935.15, and 935.16. addition of new subparagraph (F)(2)(a). locations other than the Appalachian (b) Subparagraph (F)(4)(d) is amended II. Description of the Proposed by deleting the words ‘‘five years after Regional Coordinating Center will not Amendment the initial planting’’ and substituting the necessarily be considered in the final words ‘‘at the end of the period of rulemaking or included in the By letter dated July 23, 1996, Administrative Record. (Administrative Record No. OH–2168– extended responsibility’’. 00) Ohio submitted proposed (c) Subparagraph (H)(2) is amended IV. Procedural Determinations by deleting the words ‘‘five year’’ before amendments to the Ohio program Executive Order 12866 concerning remining. Ohio submitted the word ‘‘period’’ and adding the words ‘‘and hay crops also meet, at a the proposed amendments at its own This rule is exempted from review by minimum, the ground cover standards initiative. The proposed amendments the Office of Management and Budget of paragraph (G)(3)(B) during the last were announced in the August 26, 1996, (OMB) under Executive Order 12866 year of the period of extended Federal Register (61 FR 43696). (Regulatory Planning and Review). responsibility.’’ However, certain amendments (d) Paragraph (L) is amended by Executive Order 12988 concerning the permit application deleting the words ‘‘undeveloped land’’; requirements and revegetation time subparagraph (L)(2) is amended by The Department of the Interior has frames were inadvertently omitted from deleting the words ‘‘five year’’ before conducted the reviews required by that notice. Also, Ohio submitted the word ‘‘period’’; and subparagraphs section 2 of Executive Order 12988 corrections to its proposed amendments (L)(2) (a), (b) and (c) continue to include (Civil Justice Reform) and has by letter dated October 4, 1996, references to three year requirements. determined that, to the extent allowed (Administrative Record No. OH–2168– Ohio is withdrawing its proposal to by law, this rule meets the applicable 07). Therefore, OSM is reopening the change these requirements to two years. standards of subsections (a) and (b) of public comment period only on the (e) Paragraph (M) is amended by that section. However, these standards following proposed amendments: separating the first sentence into two are not applicable to the actual language 1. OAC 1501:13–4–12 Requirements items with the second item being of State regulatory programs and labeled as (1) and re-numbering the program amendments since each such for Permits for Special Categories of subsequent items accordingly. No word program is drafted and promulgated by Mining changes were made to these items. a specific State, not by OSM. Under New paragraph (L) is corrected by Subparagraph (M)(4) is amended by sections 503 and 505 of SMCRA (30 changing the date until which its deleting the words ‘‘five year’’ before U.S.C. 1253 and 1255) and 30 CFR requirements apply to September 30, the word ‘‘period’’. 730.11, 732.15, and 732.17(h)(10), 2004. The date was previously (f) New paragraph (O) is amended by decisions on proposed State regulatory incorrectly identified as September 30, adding the following exception to the programs and program amendments 1994. Phase III bond release requirements of submitted by the States must be based referenced paragraph (L)(2) on remined solely on a determination of whether the 2. OAC 1501:13–5–01 Review, Public areas to subparagraph (4)(B) ‘‘except submittal is consistent with SMCRA and Participation, and Approval or that of the minimum countable trees per its implementing Federal regulations Disapproval of Permit Applications and acre, eighty (80) percent have been in and whether the other requirements of Permit Terms and Conditions place for at least two (2) years, on each 30 CFR Parts 730, 731, and 732 have acre on which trees or shrubs are to be been met. New paragraph (E)(19) and planted.’’ subparagraphs (A), (B), and (C), are National Environmental Policy Act added to require that, for operations III. Public Comment Procedures which will include remining areas In accordance with the provisions of No environmental impact statement is under Rule 1501:13–4–12(L) of the 30 CFR 732.17(h), OSM is seeking required for this rule since section Administrative Code, the application comments on whether the proposed 702(d) of SMCRA (30 U.S.C. 1292(d)) includes (A) Lands eligible for remining; amendment satisfies the applicable provides that agency decisions on (B) an identification of the potential program approval criteria of 30 CFR proposed State regulatory program environmental and safety problems 732.15. Specifically, OSM is seeking provisions do not constitute major related to prior mining activity which comments on the revision to the State’s Federal actions within the meaning of could reasonably be anticipated to occur regulations that was submitted on July section 102(2)(C) of the National at the site; and (C) mitigation plans to 23, 1996 (Administrative Record No. Environmental Policy Act (42 U.S.C. sufficiently address these potential OH–2168–00), with the corrections and 4332(2)(C)). environmental and safety problems so additions as noted above. Comments Paperwork Reduction Act that reclamation as required by the should address whether the proposed applicable requirements of Chapter 1513 amendment satisfies the applicable This rule does not contain of the Revised Code can be program approval criteria of 30 CFR information collection requirements that accomplished. Additionally, a 732.15. If the amendment is deemed require approval by OMB under the semicolon and the word ‘‘and’’ are adequate, it will become part of the Paperwork Reduction Act (44 U.S.C. added at the end of paragraph (E)(18). Ohio program. 3507 et seq.). Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54377

Regulatory Flexibility Act comments received during the public other vegetable sources, and facilities The Department of the Interior has comment period, the Administrator has drying starch extracted from the determined that this rule will not have concluded that the proposed NSPS for wastewater at snack food production a significant economic impact on a these two source categories are not facilities (e.g., potato chips, french substantial number of small entities needed. The proposed NSPS are, fries). Typically, starch production under the Regulatory Flexibility Act therefore, being withdrawn. plants are components of larger facilities (5 U.S.C. 601 et seq.). The State In the September 9, 1994 notice that prepare a variety of products. For submittal which is the subject of this proposing the NSPS for cold cleaning example, a corn wet milling facility will rule is based upon counterpart Federal machines, the EPA proposed to normally produce a range of products regulations for which an economic withdraw the NSPS for organic solvent that can include animal feed, corn analysis was prepared and certification cleaners proposed on June 11, 1980 (45 gluten, corn germ, germ meal, corn oil, starch, and starch derivatives. Starch made that such regulations would not FR 39765). The NSPS for organic derivatives can include modified have a significant economic effect upon solvent cleaners are also being specialty starches, dextrins, dextrose, a substantial number of small entities. withdrawn with this document. corn syrup, high fructose corn syrup, Accordingly, this rule will ensure that DATE: These proposed rules are ethanol, and a variety of sweeteners. existing requirements previously withdrawn as of October 18, 1996. Similar ranges of products may be promulgated by OSM will be ADDRESSES: Docket. Docket No. A–94– derived from wheat, potatoes, or implemented by the State. In making the 18, containing supporting information tapioca. used in developing the proposed NSPS determination as to whether this rule The starch facilities that would have for starch production plants and a would have a significant economic been affected by the proposed NSPS for impact, the Department relied upon the detailed discussion of the comments starch production plants are new, data and assumptions for the received during the public comment modified, and reconstructed starch counterpart Federal regulations. period; and Docket No. A–94–08, dryers; dextrin roasters; and starch containing the same information Unfunded Mandates transfer, storage, and loading facilities at pertaining to the proposed cold cleaning which construction, reconstruction, or This rule will not impose a cost of machine operations NSPS, are available modification commenced after $100 million or more in any given year for public inspection and copying at the September 8, 1994. The proposed NSPS on any governmental entity or the following address: U.S. Environmental would not have applied to any existing private sector. Protection Agency, Air and Radiation starch production facility, unless such a List of Subjects in 30 CFR Part 935 Docket and Information Center (6102), facility was subsequently modified or 401 M Street, S.W., Washington, D.C. reconstructed. At the time of proposal, Intergovernmental relations, Surface 20460. The docket is located at the mining, Underground mining. 17 different companies owned and above address in room M–1500, operated the 47 known existing starch Dated: October 10, 1996. Waterside Mall (ground floor), and may production facilities: 20 produced Allen D. Klein, be inspected from 8 a.m. to 4 p.m., starch from corn; 3 from wheat; 21 from Regional Director, Appalachian Regional Monday through Friday. The materials potatoes; 1 from tapioca; and 2 from Coordinating Center. are available for review in the docket other vegetable sources. These existing [FR Doc. 96–26775 Filed 10–17–96; 8:45 am] center or copies may be mailed on facilities are concentrated in the BILLING CODE 4310±05±M request from the Air and Radiation midwestern United States, but are found Docket and Information Center by in 19 States across the country. calling (202) 260–7548 or 7549. The The proposed NSPS would also not ENVIRONMENTAL PROTECTION FAX number for the Center is (202) 260– have applied to small dryers; small AGENCY 4000. A reasonable fee may be charged dextrin roasters; or certain starch for copying docket materials. transfer, storage, and loading facilities 40 CFR Part 60 FOR FURTHER INFORMATION CONTACT: For located at snack food processing information concerning specific aspects facilities. Specifically, drum dryers and [FRL±5637±5] of this action, contact Mr. William dryers located at snack food processing Standards of Performance for New Maxwell [(919) 541–5430], Combustion facilities having a manufacturer’s listed Stationary Sources: Starch Production Group [starch production facilities] or dry starch capacity of 907 kilograms per Plants, Cold Cleaning Machine Mr. Daniel Brown [(919) 541–5305], hour (kg/hr) (2,000 pounds per hour [lb/ Operations, and Organic Solvent Coatings and Consumer Products Group hr]) or less would have been exempt, Cleaners [cold cleaning machines]. Both contacts because of the low level of emissions are at the Emission Standards Division from these dryers. Similarly, dextrin AGENCY: Environmental Protection (MD–13), U.S. Environmental Protection roasters and starch transfer, storage, and Agency (EPA). Agency, Research Triangle Park, North loading facilities at snack food ACTION: Withdrawal of proposed Carolina 27711. processing facilities would have been standards of performance, final action. exempt if the dry starch capacity of any SUPPLEMENTARY INFORMATION: of the individual facilities was 454 kg/ SUMMARY: New source performance Starch hr (1,000 lb/hr) or less, because of the standards (NSPS) required by section low level of emissions from these 111 of the Clean Air Act (Act) were The Proposed Standards facilities. proposed on September 8, 1994 (59 FR The proposed NSPS for starch A starch dryer is the equipment used 46381) for new, modified, and production plants would have limited to remove uncombined (free) water from reconstructed starch production plants, emissions of particulate matter from starch slurry through direct or indirect and on September 9, 1994 (59 FR 46602) new, modified, and reconstructed heating. There are several types of for new, modified, and reconstructed facilities that produce dry starch dryers used at starch production plants, cold cleaning machines. After a (including modified starches) derived including single-pass (also known as thorough review and analysis of the from corn, wheat, potatoes, tapioca, or one-pass) flash dryers, ring (also known 54378 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules as loop) flash dryers, spray dryers, drum practices of the starch industry suggests benefits. The Agency agrees with the dryers, and belt (also known as the industry does not pose the comments for the reasons discussed conveyor, tunnel, or apron) dryers. A environmental concern that the Agency below. dextrin roaster is a reactor vessel, or a originally believed existed over 14 years Analysis of Comments series of vessels, in which starch is ago when it listed starch production reacted, through the addition of heat facilities on the priority list of major The EPA’s analysis indicates that and/or chemicals, to form the modified source categories. promulgation of NSPS for starch starch ‘‘dextrin’’ (or ‘‘polydextrin’’). Starch processing and production production plants would achieve little Starch transfer, storage, and loading plants were listed in 1982 as one of 59 or no emission reduction from starch facilities include any facility used to source categories on the priority list of facilities. Owners and operators of blend, mix, mill, grind, screen, convey, major source categories because of the starch facilities have a very significant transfer, store, or load for shipment (into concern about particulate matter, a economic incentive to recover as much any container for shipment, including, criteria pollutant, that is emitted from of the starch particulate emissions from but not limited to, bag, truck, and rail starch processing and production their facilities as possible. Unlike other car) dry starch. facilities in the form of starch dust. facilities where particulate emissions Specifically, the proposed NSPS Significantly, starch facilities were are typically an unwanted by-product would have limited particulate matter initially identified in the late 1970’s as that not only has no economic value but emissions from ring flash dryers to 45 a source of particulate matter for would, in fact, be expensive for a mg/dscm (0.02 gr/dscf); from single-pass inclusion on the priority list of major facility to capture and dispose of flash dryers to 25 mg/dscm (0.01 gr/ source categories based on the potential properly, particulate emissions at starch dscf); and from spray dryers, drum for uncontrolled emissions of starch facilities are made up of starch, which dryers, and belt dryers to 10 mg/dscm dust from a facility. It is, however, not is of course, the very product of (0.05 gr/dscf). The proposed NSPS the current practice of the starch economic value that such facilities would also have limited visible industry, if indeed it ever was, to allow produce for sale. To the extent, emissions from dextrin roasters and uncontrolled emissions of starch. As therefore, that a starch facility captures starch transfer, storage, and loading discussed below, starch facilities have and minimizes the amount of starch facilities to zero percent opacity. an economic incentive to minimize particulates released to the losses of their product, starch, by environment, it will have that much Rationale for Withdrawing the Proposed recapturing emissions of starch dust to more starch product for sale and, hence, NSPS the extent possible in order to remain be that much more profitable. Indeed, a The Agency is withdrawing the competitive. Accordingly, after issuing starch facility that allows the starch that proposed NSPS for new, modified, or today’s notice that withdraws the it produces to be wasted as particulate reconstructed starch production plants proposed NSPS for starch facilities, the emissions to the environment would be because it has concluded that Agency may remove the starch industry less efficient than a competitor that does promulgation of such standards of from the priority list of major source not waste its product and would become performance would achieve little or no categories for which NSPS are to be less competitive and, hence, less emission reduction from starch facilities promulgated. profitable than its cleaner and more and, therefore, that promulgation of efficient competitor. NSPS is unnecessary, not cost effective, Summary of Public Comments Pursuant to the proposed NSPS, new, and will not serve the purposes of the None of the five commentors to the modified, and reconstructed starch Act. After reviewing comments on the proposed standards supported the need dryers; dextrin roasters; and starch September 8, 1994 proposed NSPS, the for the standards. One commentor transfer, storage, and loading facilities EPA believes that new, modified, or challenged the need for the NSPS and would have had to use wet scrubbers or reconstructed starch facilities that the remaining commentors addressed fabric filters, which is the BDT for would be subject to the emission the technical aspects of the proposed starch facilities, in order to meet the standards will employ the best standards. The comments that address required emission levels. The EPA’s demonstrated technological system of the technical validity of the standards investigations, however, show that continuous emission reduction (BDT) are not discussed in today’s notice existing facilities already collect necessary to meet such standards and, because they are not relevant to the particulate matter from the exhaust hence, will, or already do, meet the Agency’s decision to withdraw the ducts or vents of the affected facilities performance standards without proposed NSPS. A summary and for the reasons discussed above. additional regulatory requirements. analysis of these comments has been Specifically, while most existing starch Although starch production facilities placed in the docket for the proposed dryers are, at a minimum, equipped are one of the source categories on the rule. with cyclonic collectors, the newer priority list of major source categories The commentor that opposes the starch dryers are equipped with low for the development of NSPS pursuant proposed NSPS argues that the energy wet scrubbers or fabric filters, to section 111 of the Act (section 60.16), standards are unnecessary, because (1) either alone or in combination with one in promulgating the priority list the starch facilities are minor sources of or more cyclones. Waste water from the Agency reserved the right to remove a particulate matter, (2) the proposed scrubbers and collected dust from the source category from the priority list if NSPS would not reduce emissions from fabric filters are returned to the process it subsequently determined that new, modified, or reconstructed starch and not sent to disposal. Similarly, promulgating NSPS for a particular facilities as these facilities will employ dextrin roasters and starch transfer, source category would have little or no BDT that would be required by the storage, and loading facilities employ effect on emissions. Indeed, not only is regulations to meet the proposed fabric filters to recover starch emissions it likely that promulgating NSPS for emission standards for particulate in dry form for immediate recycle to the new or modified starch facilities would matter, (3) the proposed NSPS would process. (See docket A–94–18, entry II– achieve little or no emission reduction, impose significant additional A–8, pp. 4+). but currently available information administrative and reporting costs with The fact that existing newer starch about the relative size and operating no commensurate environmental facilities already employ BDT (even Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54379 though they are not required to do so) solvent cleaners when the NSPS for cold Notwithstanding that there is supports the conclusion that cleaning machines was proposed. currently no NSPS for cold cleaning promulgating NSPS for new or modified The proposed NSPS for cold cleaning machines, these units are already starch facilities would achieve little or machine operations would have limited subject to many, if not all, of the no emission reduction. Not only would emissions of VOC from new, modified, regulatory requirements that would be this appear to confirm that existing and reconstructed cold cleaning mandated by the NSPS. Cold cleaning starch facilities must minimize losses of machines. Specifically, the proposed machines, for example, that use their product to remain economically NSPS would have limited VOC halogenated solvents are subject to the competitive, but it further suggests that emissions from cold cleaning machines NESHAP for halogenated solvent any new or modified starch facilities, with a solvent-air interface greater than cleaning. Furthermore, cold cleaning which must function at least as or equal to 1.8 square meters (19 square machines located in non-attainment efficiently as existing facilities in order feet) by requiring equipment standards areas, regardless of whether they use to compete with such facilities, must and work practices considered to be halogenated or non-halogenated equal, if not exceed, the amount of BDT. solvents, are subject to reasonably starch recaptured by existing facilities Rationale for Withdrawing the Proposed available control technology (RACT) and, thereby, effectively control NSPS rules established pursuant to section emissions of particulate matter at or 182 of the Act and the 1977 Control below the levels of emissions The decision to withdraw the Techniques Guideline (CTG) for the contemplated by the proposed NSPS. proposed NSPS is based on the Control of VOC Emissions from Solvent For the reasons discussed above, the Agency’s finding that all cold cleaning Metal Cleaning. The EPA, therefore, Agency anticipates little or no reduction machines likely to become subject to the believes that the proposed NSPS in particulate matter emissions from NSPS would employ BDT, even in the requirements would be duplicative of starch facilities by mandating maximum absence of the NSPS. The EPA believes existing requirements for cold cleaning emission levels. Arguably, any emission that existing regulations are adequate to machines that are already subject to the reductions achieved by promulgating protect the public health and welfare, 1994 NESHAP for halogenated solvent NSPS would result from improved and promulgation of the NSPS for cold cleaning and/or RACT rules based on operation and maintenance of starch cleaning machines would impose the 1977 solvent metal cleaning CTG. facilities as a result of the proposed additional administrative burdens The existing regulatory requirements monitoring requirements for such without providing significant emission establish four levels of coverage for cold reductions. In making this decision, the facilities. However, it is the EPA’s cleaning machines; the relative Administrator has concluded that judgement that the potential marginal stringency of the regulatory withdrawal of the proposed NSPS is reduction in particulate matter emission requirements applicable to each consistent with the purposes of section levels from starch facilities does not category depends on the type of solvent 111 of the Act in light of current (and justify the additional administrative (halogenated, non-halogenated, or expected future) control patterns for costs (primarily related to monitoring mixture of both) used in the operation, cold cleaning machine operations. and whether the operation takes place and recordkeeping and estimated at The proposed standards were all approximately $1.6 million nationwide) in an area designated as attainment or pollution prevention techniques that non-attainment of the national ambient that would be required by the standards minimize the solvent vapor loss from of performance. air quality standards for ozone. the machine and encourage reuse of The first level of coverage would Cold Cleaning Machine Operations and solvent. The proposed equipment affect cold cleaning machines that (1) Organic Solvent Cleaners standards for cold cleaning machines use both halogenated and non- included covers, drain rack, raised The Proposed Standards halogenated solvents and (2) are located freeboard, visible fill line, solvent pump in a non-attainment area. These units The NSPS for organic solvent pressure design limits, and a label are subject to both the NESHAP and cleaners, which were proposed on June stating required work practices. The RACT requirements. The existing 11, 1980, would have limited emissions proposed work practices included not regulatory requirements applicable to of volatile organic compounds (VOC) exceeding the tank solvent fill line, machines in this situation not only and trichloroethylene, flushing performed in the freeboard area meet, but exceed, the regulatory perchloroethylene, methylene chloride, with continuous stream, operating the requirements of the proposed NSPS. 1,1,1-trichloroethane, and agitator without observable splashing, The combination of the NESHAP and trichlorotrifluoroethane from new, closing the machine’s cover when it is RACT requirements provide for the modified, and reconstructed organic not in use or when the agitator is being same five equipment standards and nine solvent cleaners. On December 2, 1994, used, guarding against air drafts when work practices that would be required national emission standards for the machine cover is open, draining by the proposed NSPS. Furthermore, hazardous air pollutants (NESHAP) cleaned parts, storing waste solvent in cold cleaning machines in this situation were promulgated for halogenated closed containers, and cleaning up are also subject to monitoring, solvent cleaners (40 CFR Part 63, spills. Finally, the proposed NSPS recordkeeping, and annual reporting Subpart T), and on September 9, 1994, contained reporting requirements requirements that the proposed NSPS the NSPS for cold cleaning machine including an initial notification report would not require. operations was proposed. The demonstrating equipment compliance The second level of coverage would halogenated solvent cleaner NESHAP and an annual report demonstrating affect cold cleaning machines that (1) and the proposed NSPS for cold continued equipment compliance. The use both halogenated and non- cleaning machine operations eliminated Office of Management and Budget halogenated solvents and (2) are the need for the duplicative standards (OMB) did not find sufficient operated in an attainment area. These proposed in the NSPS for organic justification for the annual reporting units are subject to the NESHAP solvent cleaners (45 FR 39766). requirement; therefore, that provision requirements only. The NESHAP Therefore, the EPA proposed would have been dropped from the requires the same work practices as the withdrawal of the NSPS for organic proposed NSPS. proposed NSPS and the same 54380 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules equipment standards with the exception cleaning machines will be constructed the proposed NSPS. After reviewing all of the drain rack, the label stating the with visible fill lines. the comments, the EPA has concluded work practices, and the solvent pump Finally, the fourth level of coverage that the proposed NSPS is not needed. pressure design limits. As discussed in would affect cold cleaning machines A summary and analysis of the ten the Response to Comments Section that are (1) located in an attainment area comment letters received appears in the below, the solvent pump pressure and (2) operated with only non- docket; only those comments pertinent design limit as proposed in the NSPS halogenated solvents. These units are to the decision to withdraw the NSPS would have been deleted if the NSPS subject to neither the NESHAP nor the are discussed here. had been promulgated. Furthermore, RACT requirements. Although machines The comment regarding the although a drain rack is not specified as in this situation are not necessarily duplicative requirements in the an equipment standard in the NESHAP, subject to RACT rules or the NESHAP, proposed NSPS and NESHAP suggested draining of cleaned parts is a work to the extent that cold cleaning that cold cleaning machines could be practice requirement that inherently machines are built to a single standard subject to both standards which would requires a drain rack, or something of with BDT, the EPA believes that such require unnecessary compliance burden equal utility, to be present. Accordingly, machines will meet both the RACT and with no additional air quality benefit. the EPA believes that the existing NESHAP equipment standards. Based The comment regarding duplicative regulatory requirements applicable to on information available to the requirements in the proposed NSPS and machines in this situation would Administrator, the EPA believes that RACT rules suggested that some State provide for the same work practices and cold cleaning machines are built to a RACT rules are more stringent than the equipment standards that would be single standard that reflects BDT as proposed NSPS and specific language required in a final NSPS. Again, cold specified in the CTG and NESHAP such should be included in the final NSPS cleaning machines in this situation are that a machine design can be stating that more stringent RACT rules also subject to monitoring, constructed for sale and/or distribution take precedence over the NSPS. Two of recordkeeping, and annual reporting throughout the United States regardless the technical comments received were requirements that a final NSPS would of the machines ultimate location in an in regard to solvent pump pressure not have required. attainment or non-attainment area. design limits stating that certain Similarly, cold cleaning machines built The third level of coverage would cleaning operations could only be to a single standard reflecting BDT affect cold cleaning machines that (1) conducted with high pressure solvents allows the machine operators flexibility and the final NSPS should not prohibit use only non-halogenated solvents and in choosing the type of cleaning solvent these operations. These comments are (2) are located in a non-attainment area. used (halogenated, non-halogenated, or discussed in the following paragraphs. These units are subject to RACT a mixture). Accordingly, the EPA requirements only. The RACT believes that machines in this situation Analysis of Comments requirements include several of the would meet the equipment standards The EPA’s analysis indicates that the work practices proposed in the NSPS that a final NSPS would require. The proposed NSPS would achieve little or and all of the equipment standards with EPA also believes that operators of no emission reduction. At proposal, the the exception of a visible fill line. The machines in this situation would meet Agency acknowledged that work practice requirements included in the work practices that would be promulgation of the NESHAP for the proposed NSPS, but not required by included in a final NSPS. The EPA RACT, include not exceeding the expects that the regulated community halogenated solvent cleaners eliminated solvent fill line, flushing to be would follow such work practices as a the need for the NSPS for organic performed in the freeboard area with matter of course to the extent that such solvent cleaners and proposed continuous stream, operating the practices are pollution prevention withdrawal of that NSPS. The EPA now agitator without observable splashing, techniques which benefit the operator believes that existing regulations for guarding against air drafts when the and reflect prudent, if not standard, cold cleaning machines in the NESHAP machine cover is open, and cleaning up operating practices already employed in and RACT rules are adequate to protect spills. It is difficult to verify continued the industry. public health and welfare and the compliance for these and all other work Under a separate action, the Agency proposed NSPS for cold cleaning practices proposed in the NSPS and may proceed to revise the priority list of machines is also unnecessary. If the required by RACT. The work practices, major source categories for which NSPS EPA moved forward with promulgation however, are common sense pollution are required by deleting the ‘‘organic of the NSPS, the equipment standard for prevention techniques that minimize solvent cleaners’’ listing. In finalizing solvent pump pressure would have been solvent loss and are beneficial to the this priority list, the Agency indicated eliminated so as not to prohibit operators of cold cleaning machines. that a subsequent finding that any NSPS necessary cleaning operations for some Accordingly, the EPA believes the would have little or no effect on sectors of industry. With the absence of existing regulatory requirements emissions would be sufficient grounds this equipment standard, the NESHAP applicable to machines in this situation for removing that source category from equipment standards are essentially the would provide for the work practices the priority list (44 FR 49223). same as the NSPS equipment standards and the equipment standards (with the (see rationale for withdrawing the exception of a visible fill line) included Summary of Public Comments NSPS). in a final NSPS. A final NSPS would Ten comment letters were received After reviewing its analysis and the have required an initial notification during the public comment period submitted comments, it is the Agency’s demonstrating compliance with all following proposal. Two commenters judgment that compliance with the equipment standards, including a advised the Agency that there was NSPS in this instance would achieve visible fill line. Although the absence of redundancy and duplicative little or no VOC emission reductions; a final NSPS in this situation could requirements in the proposed NSPS that therefore, the benefits of the proposed result in cold cleaning machines were already required in the NESHAP standards do not justify the additional without a visible fill line, as discussed and the RACT; the other commenters administrative costs that would be below, the EPA believes all cold addressed various technical aspects of required by an NSPS. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54381

Economic and Regulatory Impacts I. Introduction II. Description of Petition and Relevant Regulations Today’s withdrawal of three proposed A. Statutory Authority rules is not a rulemaking; it does not This action is taken under sections On August 17, 1995, EPA received a impose or relieve any regulatory 313(d) and (e)(1) of the Emergency petition from the National Electrical requirements or costs on the regulated Planning and Community Right-to- Manufacturers Association (NEMA) to community or the national economy. Know Act of 1986 (EPCRA), 42 U.S.C. remove copper metal (CAS No. 7440-50- 8) from the list of toxic chemicals List of Subjects in 40 CFR Part 60 11023. EPCRA is also referred to as Title III of the Superfund Amendments and subject to the annual release reporting Environmental protection, Air Reauthorization Act of 1986 (SARA) requirements of EPCRA section 313 and pollution control, Intergovernmental (Pub. L. 99-499). PPA section 6607. NEMA suggested that Relations, Reporting and recordkeeping the current unqualified copper listing requirements, Starch production plants, B. Background should be replaced with a qualified Cold cleaning operations, Organic Section 313 of EPCRA requires certain listing limited to fume and dust forms solvent cleaners. facilities manufacturing, processing, or only. The petitioner contends that otherwise using listed toxic chemicals copper metal, in forms other than fume Dated: October 11, 1996. to report their environmental releases of or dust, should be deleted from the Carol M. Browner, such chemicals annually. Beginning EPCRA section 313 list of toxic Administrator. with the 1991 reporting year, such chemicals because the available data [FR Doc. 96–26816 Filed 10–17–96; 8:45 am] facilities also must report pollution show that copper in metallic form does BILLING CODE 6560±50±P prevention and recycling data for such not meet the criteria for inclusion on the chemicals, pursuant to section 6607 of list of EPCRA section 313 chemicals. the Pollution Prevention Act of 1990 The petitioner also asserts that copper 40 CFR Part 372 (PPA), 42 U.S.C. 13106. Section 313 ion is unavailable from copper metal established an initial list of toxic under environmental conditions. [OPPTS±400105; FRL±5396±9] chemicals that was comprised of more In addition to being listed under than 300 chemicals and 20 chemical EPCRA section 313, copper metal is Copper Metal; Toxic Chemical Release categories. Copper was included in the regulated by EPA under the Reporting; Community Right-to-Know initial list of chemicals and chemical Comprehensive Environmental categories. Section 313(d) authorizes Response, Compensation, and Liability AGENCY: Environmental Protection EPA to add or delete chemicals from the Act (CERCLA). Under CERCLA, copper Agency (EPA). list, and sets forth criteria for these metal is considered a hazardous ACTION: Denial of petition. actions. EPA has added and deleted substance if its particle size is less than chemicals from the original statutory 100 micrometers (0.004 inch). Copper SUMMARY: EPA is denying a petition to list. Under section 313(e)(1), any person ion (i.e., Cu∂1 and Cu∂2) is regulated remove copper metal (Cu0, CAS No. may petition EPA to add chemicals to or under the Safe Drinking Water Act 7440-50-8) from the list of chemicals delete chemicals from the list. Pursuant (SDWA). In the Federal Register of June subject to the reporting requirements to EPCRA section 313(e)(1), EPA must 7, 1991 (56 FR 26460), EPA promulgated under section 313 of the Emergency respond to petitions within 180 days, a maximum contaminant level goal Planning and Community Right-to- either by initiating a rulemaking or by (MCLG) and a national primary drinking Know Act of 1986 (EPCRA) and section publishing an explanation of why the water regulation (NPDWR) for copper 6607 of the Pollution Prevention Act of petition is denied. ion in drinking water. The MCLG was 1990 (PPA). This action is based on EPCRA section 313(d)(2) states that a set at 1.3 milligrams/liter (mg/l) of EPA’s conclusion that copper metal chemical may be listed if any of the copper ion, and the NPDWR consists of does not meet the deletion criterion of listing criteria are met. Therefore, in a treatment technique that includes EPCRA section 313(d)(3). Specifically, order to add a chemical, EPA must corrosion control treatment, source EPA is denying this petition because demonstrate that at least one criterion is water treatment and public education. EPA’s review of the petition and met, but does not need to examine whether all other criteria are also met. III. EPA’s Technical Review of Copper available information resulted in the Metal conclusion that copper ion (i.e., Cu∂1 Conversely, in order to remove a and Cu∂2) can become available from chemical from the list, EPA must The technical review of the petition to copper metal and that copper ion is demonstrate that none of the criteria are delete copper metal included an highly toxic to several aquatic species. met. analysis of the chemistry, health, EPA issued a statement of petition ecological and environmental fate data FOR FURTHER INFORMATION CONTACT: policy and guidance in the Federal known for this substance. Daniel R. Bushman, Acting Petitions Register of February 4, 1987 (52 FR Coordinator, 202-260-3882 or e-mail: 3479), to provide guidance regarding the A. Chemistry [email protected], for recommended content and format for Copper metal (Cu0; CAS No. 7440-50- specific information regarding this submitting petitions. On May 23, 1991 8) is a naturally-occurring reddish, document. For further information on (56 FR 23703), EPA issued guidance lustrous, ductile, malleable, water EPCRA section 313, contact the regarding the recommended content of insoluble substance, having a melting Emergency Planning and Community petitions to delete individual members point of 1083 °C and a boiling point of Right-to-Know Information Hotline, of the section 313 metal compound 2595 °C (Refs. 1 and 2). Copper metal Environmental Protection Agency, Mail categories. EPA has also published a has many commercial uses. Some of the Stop 5101, 401 M St., SW., Washington, statement clarifying its interpretation of major uses of copper metal include DC 20460, Toll free: 1-800-535-0202, in the section 313(d)(2) criteria for adding production of copper tubing, copper Virginia and Alaska: 703-412-9877, or and deleting chemical substances from wire, copper compounds, brass and Toll free TDD: 1-800-553-7672. the section 313 list (59 FR 61439, bronze, to name just a few. Copper SUPPLEMENTARY INFORMATION: November 30, 1994) (FRL-4922-2). metal gradually loses its lustrous 54382 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules appearance when exposed to air. (Ref. 6). In addition to these reviews, section 303 of the CWA, EPA has issued Surfaces of copper metal exposed to health and environmental data on Water Quality Criteria for copper ion to moist air gradually form copper (II) copper are also reviewed and discussed protect aquatic life. These criteria carbonate. Copper metal reacts with in EPA’s Integrated Risk Information describe what level of copper ion mineral acids to form copper salts. System (IRIS) (Ref. 7), and in a previous ambient water can contain without Copper metal can also react with Federal Register Notice (58 FR 34738, potentially causing harm to aquatic organic acids (Refs. 1 and 2). June 29, 1993; Ref. 8). The health and species. The acute criterion in fresh Although copper metal is insoluble in environmental portions of these water is 9.2 parts per billion (ppb) water, all waters are corrosive to copper publications (Refs. 2-8) are briefly (0.0092 mg/l). The chronic criterion in metal to some degree (Ref. 3). The summarized below. Detailed summaries fresh water is 6.5 ppb (0.0065 mg/l). In corrosivity of water to copper is and discussions can be found in the salt water, the acute criterion is 2.9 ppb influenced by a variety of factors. These publications and in the technical reports (0.0029 mg/l). There is currently no factors include the duration of contact (Refs. 9-11) prepared by the EPA chronic salt water criterion. between the water and copper metal, scientists who reviewed the The aquatic toxicity of copper ion is and water quality parameters such as publications. dependent on water quality factors that acidity, alkalinity, dissolved inorganic 1. Human health. Copper is an include acidity, presence of organic carbonate and calcium, water essential nutrient for humans and substances, calcium, and carbonate. temperature, and dissolved oxygen animals, with an adult recommended Toxicity decreases as water hardness content. Acidity is the most significant daily allowance of 2.0 to 3.0 milligrams (concentration of calcium carbonate), of these parameters. Waters with high per day (mg/day). In ionic form (i.e., ∂2 alkalinity or total organic carbon acidity (i.e., low pH) are associated with Cu ), copper is absorbed from the content increases. At a water hardness the highest levels of copper corrosion gastrointestinal tract and lungs, and to of 250 mg/l, the 48-hour acute toxicity (Ref. 3). Corrosion of copper metal by a lesser degree, through the skin. median lethal concentration (LC50) of water results in the conversion of the Following absorption, copper is copper ion to daphnids is 6.5 ppb. At 0) to its ionic forms (i.e., Cu∂1 distributed to all parts of the body, metal (Cu a water hardness of 50 mg/l, the 96-hour and Cu∂2). Ionic forms of copper are especially the liver. Except in the forms acute toxicity values in fish ranged from typically quite soluble in water. of either fume or dust or other small 16.7 ppb (northern squawfish) to 114 Although waters with high acidity are particulate forms, copper metal (Cu0) is ppb (for fathead minnows). Copper ion associated with the highest levels of not expected to be absorbed from any is highly acutely toxic to many other copper corrosion, even drinking water, route. aquatic species such as blue mussels which is not highly acidic, causes In humans and laboratory animals, (96-hour LC = 5.8 ppb) and marine corrosion of copper metal. For example, gastrointestinal effects such as nausea, 50 fishes (96-hour LC = 13.9 ppb). the primary source of copper in vomiting and diarrhea have occurred 50 Chronic aquatic toxicity values for drinking water is corrosion of copper following acute exposure to Cu∂2 (in pipes used to supply the water (Ref. 3). the form of cupric sulfate) in 1-day oral copper ion include 6.1 ppb (for Copper levels above 1.3 mg/l (the doses ranging from 0.06 to 6 milligrams invertebrates) and 3.9 ppb (for brook MCLG) are rarely found in drinking per kilogram (mg/kg) of Cu. Doses of trout). Copper ion is known to water, although levels above 1.0 mg/l approximately 2 grams (g) of Cu∂2 can bioconcentrate in certain aquatic and as high as 2.37 mg/l have been cause more serious effects such as species. The bioconcentration factors reported (Ref. 3). Thus, although copper vascular injury and hemolytic anemia, (BCF) of copper in algae (Chlorella sp.); metal is insoluble in water, copper resulting in severe kidney and liver marine polychaete worms (Neanthes metal can be corroded by water damage. Based on the levels of copper arenaceodentata); and the eastern oyster (including drinking water) to yield typically found in drinking water (see are 2,000, 2,550, and 28,200 water-soluble copper ions. section A of this unit), EPA does not respectively. believe that it is reasonable to anticipate IV. Technical Summary B. Toxicological Evaluation that human exposures to oral doses of Several comprehensive reviews on the Cu∂2 of this magnitude will occur EPA’s technical review concluded health and environmental effects of beyond facility site boundaries as a that copper metal can be corroded by copper are available, and were used result of continuous, or frequently waters under several conditions, during the review of the petition to recurring, releases of copper metal. In resulting in the liberation of copper ion. assess the effects of copper metal on adult mammals (including humans), it EPA’s review also concluded that human health and the environment. is unclear if chronic oral exposure to copper ion is highly toxic to many Because copper metal is known to copper metal or copper ion results in aquatic species. corrode in water to yield copper ion toxicity. The lack of any clear V. Rationale for Denial (Ref. 3), the toxicological evaluation of relationship between chronic exposure copper metal also included an to copper and copper toxicity in adult Copper metal is a listed toxic assessment of the health and mammals may be due to homeostatic chemical subject to EPCRA section 313 environmental effects of copper ion. mechanisms that serve to maintain a and PPA section 6607 reporting These reviews include: a 1995 EPA baseline copper level in the body and requirements. The petition to delist document entitled ‘‘Copper Profile for protect mammals from the adverse copper metal is based on the petitioner’s DfE Printed Wiring Board Project’’ (Ref. effects of copper excess or deficiency. contention that copper metal is not toxic 2); a 1991 Agency for Toxic Substances Human and animal carcinogenic data and does not meet any of the statutory and Disease Registry document entitled on copper are insufficient to determine criteria under section 313(d)(2). Because ‘‘Toxicological Profile for Copper’’ (Ref. the carcinogenic potential of copper in EPA has determined that all forms of 4); a 1987 EPA document entitled humans. copper metal meet the criteria of EPCRA ‘‘Summary Review of the Health Effects 2. Environmental effects. Copper ion section 313(d)(2)(C), EPA concludes that Associated with Copper’’ (Ref. 5); and a exhibits high acute and high chronic copper metal should not be deleted from 1987 EPA document entitled ‘‘Drinking toxicity to aquatic organisms that results the section 313 list of toxic chemicals, Water Criteria Document for Copper’’ in the death of the organism. Under and the petition should be denied. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54383

EPA’s review of information Biologicals. Eleventh Edition (1989). through Friday, excluding legal pertaining to copper metal resulted in Merck Co., Inc.: Rahway, N.J.; page holidays. The TSCA NCIC is located at the conclusion that, (1) copper metal 2516. EPA Headquarters, Rm. NE-B607, 401 M can be readily converted to copper ion (2) USEPA, OPPTS. 1995. Copper and St., SW., Washington, DC 20460. in waters under environmental Compounds. Chemical Summary for List of Subjects in 40 CFR Part 372 conditions; and (2) copper ion is highly Copper and Selected Copper toxic to aquatic organisms resulting in Compounds. In: Copper Profile for DfE Environmental protection, the death of these organisms. Thus, Printed Wiring Board Project (Draft). Community right-to-know, Reporting copper metal can reasonably be (3) USEPA. 1991. Maximum and recordkeeping requirements, and anticipated to cause toxicity in aquatic Contaminant Level Goals and National Toxic chemicals. organisms because of its ability to Primary Drinking Water Regulations for Dated: October 8, 1996. liberate copper ion. Because copper can Lead and Copper; Final Rule. Federal Lynn R. Goldman, be reasonably anticipated to be highly Register, Vol. 56, No. 110, June 7, 1991; Assistant Administrator for Prevention, ecotoxic and induces well-established pages 26460-26564. Pesticides and Toxic Substances. serious adverse effects, EPA does not (4) Toxicological Profile for Copper. believe that an exposure assessment is Agency for Toxic Substances and [FR Doc. 96–26812 Filed 10–17–96; 8:45 am] necessary to make the determination Disease Registry (ATSDR) Report No. BILLING CODE 6560±50±F required by EPCRA section 313(d)(2)(C). ATSDR/TP-9008. For a discussion of the use of exposure (5) USEPA, OHEA. 1987. Summary in EPCRA section 313 listing/delisting Review of the Health Effects Associated 40 CFR Part 799 decisions, see, e.g., 59 FR 61440, with Copper. Health Issue Assessment. [OPPTS±42187C; FRL±5571±3] November 30, 1994. Office of Health and Environmental EPA’s denial of this petition is Assessment, Washington, DC; Report RIN 2070±AC76 consistent with the Agency’s published No. EPA/600/8-87/001. Proposed Test Rule for Hazardous Air policy and guidance on metal (6) USEPA, ECAO. 1987. Drinking compound categories under section 313 Water Criteria Document for Copper. Pollutants; Extension of Comment of EPCRA (56 FR 23703, May 23, 1991). Environmental Criteria and Assessment Period on Proposed Rule and This policy and guidance articulated Office, Cincinnati, OH; Report No. EPA Extension of Period for Receipt of EPA’s determination that the toxicity of ECAO-CIN-417. Proposals for Enforceable Consent a metal-containing compound that (7) U.S. Environmental Protection Agreements for Pharmacokinetics dissociates or reacts to generate the Agency’s Integrated Risk Information Studies metal ion can be expressed as a function System (IRIS) file pertaining to Copper AGENCY: Environmental Protection of the toxicity induced by the intact (CAS No. 7440-50-8). Agency (EPA). species and the availability of the metal (8) USEPA. 1993. Chromium, Nickel, ion. Thus, EPA stated that for petitions and Copper in Stainless Steel, Brass, ACTION: Extension of comment period on to exempt individual metal-containing and Bronze: Toxic Chemical Release proposed test rule and extension of compounds from the EPCRA section 313 Reporting; Community Right-to-Know. period for receipt of proposals for list of toxic chemicals, EPA bases its Federal Register, Vol. 58, No. 123, June enforceable consent agreements for decisions on the evaluation of all 29, 1993; pages 34738-34741. pharmacokinetics studies. chemical and biological processes that (9) USEPA, OPPTS. 1995. SUMMARY: EPA is extending the public may lead to metal ion availability, as Memorandum from Dr. Nicole Paquette, comment period from December 23, well as on the toxicity exhibited by the Toxicologist, Health and Environmental 1996 to January 31, 1997 on the intact species. EPA stated that the Review Division. Re: Petition to Delist proposed rule to require manufacturers Agency will deny petitions for Copper Metal from the Toxics Release and processors of 21 hazardous air chemicals that dissociate or react to Inventory. (September 20, 1995). pollutants (HAPs) to test these (10) USEPA, OPPTS. 1995. Hazard generate the metal ion at levels which substances for certain health effects. Assessment of Copper, Memorandum can reasonably be anticipated to cause This proposed rule was published in the from Lorraine Randecker, Hazard adverse effects to human health or the Federal Register on June 26, 1996 (61 Integrator, Chemical Screening and Risk environment and for which the metal FR 33178) (FRL–4869–1). In addition, Assessment Division, re: Petition to ion availability cannot be properly the deadline for receipt of proposals for Delist Copper Metal from the Toxics characterized. enforceable consent agreements (ECAs) In summary, EPA has determined that Release Inventory. (April, 4, 1996). regarding the performance of copper metal can reasonably be (11) USEPA, OPPTS. 1995. pharmacokinetics (PK) studies which anticipated to cause a significant Memorandum from Dr. Jerry Smrchek, would permit extrapolation from oral adverse effect on the environment of a Biologist, Health and Environmental data to predict risk from inhalation sufficient seriousness to warrant Review Division, re: Petition to Delist exposure for the HAPs is being extended continued reporting of copper under Copper Metal from the Toxics Release from October 24, 1996 to November 25, EPCRA section 313 because copper ion Inventory. (October 11, 1995). 1996. is available from copper metal and VII. Administrative Record copper ion is highly toxic to aquatic DATES: Written comments on the organisms. Therefore, copper metal in The record supporting this decision is proposed rule must be received by EPA all forms satisfies the criterion in contained in docket control number on or before January 31, 1997. Written EPCRA section 313(d)(2)(C). OPPTS-400105. All documents, proposals for ECAs for PK studies must Accordingly, EPA is denying the including the references listed in Unit be received by EPA on or before petition. VI. above and an index of the docket, November 25, 1996. are available to the public in the TSCA ADDRESSES: Submit three copies of VI. References Non-Confidential Information Center written comments on the proposed (1) The Merck Index, An (NCIC), also known as the Public Docket HAPs test rule, identified by document Encyclopedia of Chemicals, Drugs and Office, from noon to 4 p.m., Monday control number (OPPTS–42187A; FRL– 54384 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

4869–1) and three copies of proposals Environmental Assistance Division List of Subjects in 40 CFR Part 799 for PK studies, identified by document (7408), Rm. ET–543B, Office of Environmental Protection, Chemicals, control number (OPPTS–42187B; FRL– Pollution Prevention and Toxics, U.S. Hazardous substances, Reporting and 4869–1) to: U.S. Environmental Environmental Protection Agency, 401 recordkeeping requirements. Protection Agency, Office of Pollution M St., SW., Washington, DC 20460; Prevention and Toxics (OPPT), telephone: (202) 554–1404; TDD: (202) Dated: October 15, 1996. Document Control Office (7407), Rm. G– 554–0551; e-mail: TSCA-Hotline Charles M. Auer, 099, 401 M St., SW., Washington, DC, @epamail.epa.gov. Director, Chemical Control Division, Office 20460. For technical information contact: of Pollution Prevention and Toxics. A public version of the official Robert A. Reiley, Project Manager, [FR Doc. 96–26813 Filed 10–17–96; 8:45 am] rulemaking record supporting this Chemical Control Division (7405), BILLING CODE 6560±50±F action, excluding confidential business Office of Pollution Prevention and information (CBI), is available for Toxics, U.S. Environmental Protection inspection at the TSCA Nonconfidential Agency, 401 M St., SW., Washington, DEPARTMENT OF THE INTERIOR Information Center, Rm. NE–B607, 401 DC, 20460; telephone: (202) 260–1105; M St., SW., Washington, DC 20460, from fax: (202) 260–1096; e-mail: Bureau of Land Management 12 noon to 4 p.m., Monday through [email protected].; or Gary Friday, except on legal holidays. Timm, Senior Technical Advisor, 43 CFR Parts 3500, 3510, 3520, 3530, All comments which contain Chemical Control Division (7405), 3540, 3550, 3560, and 3570 information claimed as CBI must be Office of Pollution Prevention and [WO±320±1990±01±24 A] clearly marked as such. Three sanitized Toxics, U.S. Environmental Protection copies of any comments containing Agency, 401 M St., SW., Washington, RIN 1004±AC49 information claimed as CBI must also be DC 20460; telephone: (202) 260–1105; submitted and will be placed in the fax: (202) 260–8168; e-mail: Leasing of Solid Minerals Other Than public record for this rulemaking. [email protected]. Coal and Oil Shale Persons submitting information any SUPPLEMENTARY INFORMATION: The HAPs AGENCY: Bureau of Land Management, portion of which they believe is entitled rule proposed testing, under section 4(a) Interior. to treatment as CBI by EPA must assert of the Toxic Substances Control Act ACTION: Proposed rule. a business confidentiality claim in (TSCA), of: 1,1’-biphenyl, carbonyl accordance with 40 CFR 2.203(b) for sulfide, chlorine, chlorobenzene, SUMMARY: The Bureau of Land each such portion. This claim must be chloroprene, cresols [3 isomers], Management (BLM) proposes to amend made at the time that the information is diethanolamine, ethylbenzene, ethylene its regulations governing leasing of solid submitted to EPA. If a submitter does dichloride, ethylene glycol, minerals other than coal and oil shale. not assert a confidentiality claim at the hydrochloric acid, hydrogen fluoride, The purpose of the amendment is to time of submission, EPA will consider maleic anhydride, methyl isobutyl comply with President Clinton’s this as a waiver of any confidentiality ketone, methyl methacrylate, Government-wide regulatory reform claim and the information may be made naphthalene, phenol, phthalic initiative to eliminate, streamline, or available to the public by EPA without anhydride, 1,2,4-trichlorobenzene, rewrite regulations in plain English. The further notice to the submitter. 1,1,2-trichloroethane, and vinylidene current rule includes separate sections Comments and data may also be chloride. EPA would use the data for all the solid minerals commodities, submitted in electronic form by sending generated under the rule to implement and the resulting language is repetitive electronic mail (e-mail) to: oppt- several provisions of section 112 of the in many instances. The proposed rule [email protected]. Such comments Clean Air Act and to meet other EPA will reorganize these solid minerals and data must be submitted in an ASCII data needs and those of other Federal regulations to eliminate redundant file avoiding the use of special agencies. EPA is extending the period language and streamline the regulations. characters and any form of encryption. for public comment on the proposed The proposed rule will also clarify the Comments and data will also be rule from December 23, 1996 to January responsibilities of interested parties. accepted on disks in WordPerfect in 5.1 31, 1997. DATES: You must submit your comments file format or ASCII file format. All In addition, in the HAPs proposal, by January 16, 1997. BLM may not comments and data in electronic form EPA solicited proposals for ECAs consider comments received after this must be identified by (OPPTS– regarding the performance of date in developing the final rule. 42187A)(FRL–4869–1). No information pharmacokinetics studies which would ADDRESSES: Commenters may hand- claimed as CBI should be submitted permit extrapolation from oral data to deliver comments to the Bureau of Land through e-mail. Comments in electronic predict effects from inhalation exposure. Management, Administrative Record, form may be filed online at many EPA is extending the period for receipt Room 401, 1620 L Street, NW., federal depository libraries. of proposals for ECAs for PK studies Washington, DC; or mail comments to The official record of this action, as from October 24, 1996 to November 25, the Bureau of Land Management, well as the public version, will be 1996. Administrative Record, Room 401LS, maintained in paper form. EPA will EPA is extending the period for 1849 C Street, NW., Washington, DC transfer all comments received submitting proposals for ECAs as a 20240. Commenters may transmit electronically into paper form and will result of requests by several members of comments electronically via the Internet place the paper copies in the official the public for additional time to submit to [email protected]. Please record. The official record is the paper such proposals. EPA is extending the include ‘‘AC49’’ and your name and record maintained at the address listed comment period on the proposed rule to address in your message. If you do not at the beginning of the ‘‘ADDRESSES’’ allow adequate time for comments on receive a confirmation from the system section of this notice. the proposed rule to be submitted after that we have received your internet FOR FURTHER INFORMATION CONTACT: the Agency has considered the ECA message, contact us directly at (202) Susan B. Hazen, Director, proposals. 452–5030. Comments will be available Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54385 for public review at the L Street address Reorganization Plan No. 3 of 1946 published in the Federal Register on during regular business hours, from 7:45 Reorganization Plan No. 3 of 1946 (5 April 22, 1986 (51 FR 15204). That a.m. to 4:15 p.m., Monday through U.S.C. Appendix) transferred the revision included separate parts Friday. responsibilities of the Secretary of covering specific mineral commodities. FOR FURTHER INFORMATION CONTACT: Jim Agriculture for the leasing or other The commodity-by-commodity format Horan, (202) 452–5023 (Commercial or disposal of hardrock minerals to the completed an attempt to clarify the FTS). Secretary of the Interior for certain regulations that began with amendments areas. published on April 25, 1984 (49 FR SUPPLEMENTARY INFORMATION: 17892). I. Public Comment Procedures Mineral Leasing Act for Acquired Lands Under the 1986 organization of the II. Background of 1947 regulations, processes such as issuance III. Discussion of Proposed Rule The Mineral Leasing Act for Acquired of exploration licenses and mineral IV. Procedural Matters Lands of 1947, as amended (30 U.S.C. leases were addressed in a similar or identical manner under each I. Public Comment Procedures 351–359), provides for the leasing of certain acquired lands. This statute commodity. This organization was Your written comments on the authorizes the Secretary of the Interior designed to allow parties interested in proposed rule should— to establish rules and regulations each commodity to look in only one part (a) Be specific; necessary to grant any qualified of the regulations to find the provisions (b) Be confined to issues about the applicant a permit or lease to promote relating to their commodity. However, proposed rule; mining of phosphate, sodium, not all of the leasing or permitting regulations were included with the (c) Explain the reason for the potassium, sulphur and gilsonite commodity, and the regulations were so recommended change; and deposits on Federal acquired lands. extensive that the complete body of (d) Where possible, reference the The Federal Land Policy and solid mineral regulations occupied specific section or paragraph of the Management Act of 1976 about 100 pages of the Code of Federal proposal which you are addressing. Regulations. BLM may not necessarily consider or The Federal Land Policy and include in the Administrative Record or Management Act of 1976 (43 U.S.C. III. Discussion of Proposed Rule 1701 et seq.) (FLPMA) authorizes the the final rule comments which BLM As part of BLM’s response to the receives after the close of the comment Secretary of the Interior to develop administration’s regulatory initiatives, period (see DATES) or comments guidelines for the administration and we reviewed this extensive body of delivered to an address other than those protection of the Federal lands and their material and decided to consolidate and listed above (see ADDRESSES). resources under the jurisdiction of BLM. to eliminate the duplicative Other authorities which address presentation of processes. BLM II. Background programs related to specific understands that our readers want to be On March 4, 1995, President Clinton commodities and lands include the able to find particular subject matter issued a memorandum to all Federal following: easily in our regulations. However, we (a) Certain lands added to the Shasta Departments and Agencies directing believe that the plain English approach, National Forest (30 U.S.C. 192c); them to simplify their regulations. In particularly the expanded table of (b) Public domain lands in National response to the President’s directive, contents, will make it easy for readers BLM analyzed 43 CFR part 3500 Forests in Minnesota (6 U.S.C. 508(b)); (c) Gold, silver or quicksilver in to find material that is of concern to through 43 CFR part 3570 to determine confirmed private land grants (30 U.S.C. them. The overall reduction in the whether the regulations were current 291–293); volume of BLM’s regulations achieved and written in clear and understandable (d) Reserved minerals in lands by this revision should make it easier terms. As a result, BLM decided that we patented to the State of California for for the reader to find particular subject could reorganize the regulations to parks or other purposes (47 Stat. 1487, matter. achieve significant reductions in length as amended); BLM believes that a consolidated while greatly improving the clarity of (e) National Park Service areas— approach to these regulations offers the document. (i) Lake Mead National Recreation other advantages. If BLM revises its procedures relating to solid minerals, Statutory Basis of BLM’s Regulations Area (16 U.S.C. 460n et seq.); (ii) Whiskeytown Unit of the we would need to undertake only one BLM’s regulatory program relating to Whiskeytown-Shasta-Trinity National regulatory action to conform the solid minerals is based on several Recreation Area (16 U.S.C. 460q et seq.); consolidated regulations to any new different statutes which give BLM (iii) Ross Lake and Lake Chelan revisions in our procedures. This authority to regulate mineral leasing on National Recreation Areas (16 U.S.C. reduces the time it would take BLM to the lands administered by the bureau. 90c et seq.); keep its regulations up to date and Mineral Leasing Act of 1920 (iv) Glen Canyon National Recreation internally consistent. When several Area (16 U.S.C. 460dd et seq.); different regulations address one The Mineral Leasing Act of 1920 (the (f) Shasta-Trinity Units of the process, as in the current version of 43 Act), as amended and supplemented (30 Whiskeytown-Shasta Trinity National CFR part 3500, it is difficult for BLM to U.S.C. 181 et seq.), provides for leasing Recreation Area (16 U.S.C. 460q et seq.); ensure that changes made to one part get of certain deposits of phosphates, and made in all relevant parts. As a result, potassium, gilsonite, and sodium (g) White Mountains National parts that should be identical diverge minerals on public domain lands. The Recreation Area (16 U.S.C. 460mm–2 over time. Act authorizes the Secretary of the through 460mm–4). As a result of these considerations, Interior to grant to any qualified BLM has determined that we can applicant a permit or lease for certain Development of BLM’s Regulations eliminate the repetition represented by deposits of minerals on lands owned by The last major revision of these solid the current regulatory structure, while the United States. leasable minerals regulations was enhancing our readers’ ability to find 54386 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules material of interest to them. We are holders of potassium leases or permits. such permits. We believe that the period particularly interested in comments on BLM proposes to increase this limitation of time available to current mineral whether it is easy to find particular to 80,000 acres. The acreage limitation interest holders, before the minerals vest subject matter in this proposed rule. We for potassium is regulatory, and is not in the United States, should be would also welcome suggestions for based on any statutory requirement. The sufficient to allow those interest holders further consolidation and statute limits the size of individual to determine whether there is a valuable reorganization. We understand that a leases to 2,560 acres per lease. As the mineral deposit present. If the mineral number of different organizations of potash industry has matured, many holder does demonstrate the existence these regulations are reasonable, and are mining operations are consolidating or of a valuable mineral deposit, BLM interested in suggestions from the closing. BLM believes that increasing would continue, under this proposal, to public as to the most readable and the size of the State acreage limitation issue future interest leases to the logical arrangement of these rules. BLM would allow for consolidation of mining interest holder for these minerals. also invites comments from surface properties and enhance development of 7. Clarify in proposed subpart 3515, management agencies, surface owners, marginal Federal reserves, thereby particularly § 3515.21, that lands and other interested persons as to ensuring the statutory goal of ultimate exchanged must be of equal, rather than whether any of the proposed changes maximum recovery. This proposed comparable, value. This change would make substantive changes not change would not create a situation implements the provisions of the discussed in this preamble. where one company could monopolize Federal Land Exchange Facilitation Act Most of the changes BLM is proposing Federal resources. This proposed of 1988, which amended section 206 of today are for the purpose of change is reflected in the table in FLPMA. The same Act also provided the streamlining and clarifying the § 3503.37. government and any applicant greater regulations. All parts and subparts of 3. Change a provision currently in 43 flexibility than did previous what is currently Group 3500, CFR 3513.1–2, proposed to be in 43 CFR requirements in achieving equality in an Management of Solid Minerals Other 3507.16, requiring the applicant for a exchange. This flexibility is Than Coal, are affected, except parts preference right lease to submit a map incorporated into the proposed 3580 and 3590. BLM is not proposing showing certain land features, to require regulation at proposed § 3515.22. any changes to these two parts at this three maps, consistent with other Section 3515.12 clarifies that the time, but may propose changes to these provisions in these regulations, and exchange-specific provisions of 43 CFR parts in the future for purposes of with BLM’s need for documentation to part 2200 apply. streamlining and clarification. If BLM facilitate the review of these 8. Clarify in proposed on § 3501.5 the finalizes these proposed regulations, applications. While it is relatively easy definition of the term ‘‘valuable certain changes will be made in those for BLM to make duplicate copies of deposit’’. The current definition at 43 two parts to conform the cross most application material, it is often CFR 3500.0–5 is circular in that it uses references to the new numbers. difficult to duplicate maps, and the phrase ‘‘valuable mine’’ in The current proposed action obtaining additional maps from the describing the term ‘‘valuable deposit’’. eliminates the commodity-specific applicant should facilitate BLM’s The proposed rule would change provisions contained in parts 3510, review. ‘‘valuable mine’’ to ‘‘profitable mine’’ 3520, 3530, 3540, 3550, 3560, and 3570. 4. Incorporate uniformly BLM’s and thus clarifies that the profitability of BLM proposes to expand the general current practice of not issuing leases mineral development is an important material currently found in part 3500 to covered by current Group 3500 to coal consideration in determining whether a incorporate all substantive provisions of lessees and assignees not in compliance person of ordinary prudence would be those parts. As a result, the new part with section 2(a)(2)(A) of the Mineral justified in the further expenditure of would contain subparts 3501 through Leasing Act, as amended. This means his or her labor and means with the 3517. Details of these proposed subparts that BLM will not issue a lease under reasonable prospect of successfully can be found in the table of contents. this part to anyone not in compliance developing the mineral deposit. In addition to rewriting the with the diligence requirements for coal Accordingly, the proposed section on regulations for clarity, BLM is proposing leases found in section 2(a)2(A). This what information you have to provide to to: change is the result of the proposed BLM to prove that you have found a 1. Eliminate the requirement to reorganization and clarification of these valuable deposit, proposed section describe the lands for which you are regulations and is reflected in proposed 3507.26, states that BLM may request making an application once you have 43 CFR 3502.20 and 3511.11. Since this supplemental data to determine, among properly described them and BLM has provision is consistent with current other things, mining and processing issued a prospecting permit or lease. practice it will not have any significant costs and the profitability of mineral This would eliminate the need for the impact on the industry. To date, BLM development. applicant to submit a land description has denied fewer than 5 leases on the 9. Modify the requirements found in with his or her application for a basis of this statutory provision. the current 43 CFR 3502.2–4(b) on the preference right lease or for assignments 5. Add a provision at 43 CFR 3502.42 disclosure of the identity and where the land description duplicates specifying, consistent with the citizenship of major stockholders to add that in the prospecting permit or provisions of the Mineral Leasing Act, disclosure of the percentage of their original lease. BLM would still require 30 U.S.C.184(g), that BLM will allow stock holdings. This change would land descriptions for assignments of unqualified heirs to hold ownership for assist BLM to enforce acreage parts of the land described in the not more than two years, during which limitations against those stockholders. original prospecting permit or lease. period the heir must either become The proposed rule would eliminate a Applicants would still need to identify qualified or divest himself or herself of requirement found in the current 43 the lease or permit by serial number. the interest. CFR 3502.2–4(e) to submit such 2. Increase the State acreage limitation 6. Eliminate provisions authorizing information on the basis of foreign for potassium leases. Current 43 CFR issuance of future interest prospecting residency. This information is not 3530.3 specifies that there is a per-State permits currently in subpart 3507. BLM needed to enforce any statutory acreage limitation of 51,200 acres for has rarely been called upon to issue limitations. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54387

10. Clarify at proposed § 3510.21 that collected under this part is used by BLM regulations and eliminate unnecessary BLM can issue noncompetitive fringe to determine if an applicant is qualified provisions, there will be no private acre leases to extract sodium chloride to to hold a lease, license or prospecting property rights impaired as a result. persons producing calcium chloride permit for solid leasable minerals other Therefore, the Department of the from an existing mine, under an than coal, oil and gas, geothermal, and Interior has determined that the rule authorization issued under 43 CFR part oil shale on Federal lands. The would not cause a taking of private 3800 for locatable minerals. This information is required for the applicant property, or require further discussion addresses an issue restricted to a limited to receive the benefit of a permit or lease of takings implications under this geographic area in California, where from BLM. Executive Order. these two minerals are commingled. BLM estimates the public reporting Additionally, BLM seeks comment burden of these information collection Executive Order 12866 sections to average 31⁄2 hours for each particularly on the following two According to the criteria listed in response. By eliminating the proposals. These proposals are not section 3(f) of Executive Order 12866, requirement to describe the lands for reflected in the regulatory language BLM has determined that the proposed many assignments and leases, this published today. BLM may decide to rule is not a significant regulatory burden should be reduced for those undertake these changes, based on action. As such, the proposed rule is not activities. This estimate includes the public comment. subject to Office of Management and time for reviewing instructions, 11. Add a discussion of what makes Budget review under section 6(a)(3) of searching existing data sources, lands ‘‘compact.’’ A similar discussion the order. appeared in the regulations prior to the gathering and maintaining the data 1986 revisions. We are particularly needed, and completing and reviewing Executive Order 12988 interested in whether commenters the collection of information. Send perceive a need for BLM to define this comments regarding this burden The Department of the Interior has term. estimate or any other aspect of this determined that this rule meets the 12. Reduce the number of copies of collection of information, including applicable standards provided in applications required from three copies suggestions for reducing the burden, to sections 3(a) and 3(b)(2) of Executive to one in cases where there is no the address listed above (see ADDRESSES) Order 12988. specified form, except for copies of and the Office of Information and Author: The principal author of this rule maps. Regulatory Affairs, Office of is Jim Horan, Bureau of Land Management, Management and Budget, Washington, 1849 C Street, NW., Washington, DC 20240; IV. Procedural Matters DC 20503. Telephone: (202) 452–5023 (Commercial or FTS). National Environmental Policy Act Regulatory Flexibility Act BLM has prepared an environmental Congress enacted the Regulatory List of Subjects assessment (EA), and has found that the Flexibility Act (RFA) to ensure that 43 CFR Part 3500 proposed rule would not constitute a Government regulations do not major federal action significantly unnecessarily or disproportionately Government contracts, Mineral affecting the quality of the human burden small entities. The RFA requires royalties, Public lands—mineral environment under section 102(2)(C) of a regulatory flexibility analysis if a rule resources, Reporting and recordkeeping the National Environmental Policy Act would have as significant economic requirements, Bonds. of 1969 (NEPA), 42 U.S.C. 4332(2)(C). impact, either detrimental or beneficial, 43 CFR Part 3510 BLM has placed the EA and the Finding on a substantial number of small of No Significant Impact (FONSI) on file entities. BLM has determined that this Public lands—mineral resources, in the BLM Administrative Record at proposed rule would not have a Reporting and recordkeeping the address specified previously. BLM significant economic impact on a requirements. invites the public to review these substantial number of small entities documents by contacting us at the under the RFA (5 U.S.C. 601 et seq.). 43 CFR Part 3520 addresses listed above (see ADDRESSES), and suggests that anyone wishing to Unfunded Mandates Reform Act Government contracts, Public lands— submit comments in response to the EA These amendments to 43 CFR part mineral resources. and FONSI do so in accordance with the 3500 will not result in any unfunded 43 CFR Part 3540 ‘‘Written Comments’’ section above, or mandate to state, local or tribal contact us directly. governments in the aggregate, or to the Public lands—mineral resources. private sector, of $100,000,000 or more Federal Paperwork Reduction Act 43 CFR Part 3550 in any one year. The Office of Management and Budget Public lands—mineral resources. has approved the information collection Executive Order 12630 requirements in the rule proposed by The proposed rule does not represent 43 CFR Part 3560 this action, which affects all the parts a government action capable of currently numbered as parts 3500, 3510, interfering with constitutionally Government contracts, Mineral 3520, 3530, 3540, 3550, 3560, and 3570 protected property rights. Section 2(a)(1) royalties, Public lands—mineral of title 43, under 44 U.S.C. 3507 and of Executive Order 12630 specifically resources, Surety bonds. assigned clearance numbers 1004–0030, exempts actions abolishing regulations 43 CFR Part 3570 1004–0121, and 1004–0142. Existing or modifying regulations in a way that information collection requirements lessens interference with private Environmental protection, have been consolidated into part 3500 property use from the definition of Government contracts, Indians—lands, in this proposed rule. No new ‘‘policies that have takings Mines, Public lands—mineral resources, requirements have been added as a implications.’’ Since the function of this Reporting and recordkeeping result of this proposal. The information regulatory action is to streamline requirements. 54388 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Dated: September 27, 1996. 3502.34 What if there are other parties in 3504.15 What are the rental rates for the Sylvia V. Baca, interest? different commodities? Acting Assistant Secretary of the Interior. 3502.40 What happens if an applicant for a 3504.16 When is my rental due after the permit, an applicant for a preference first year of the lease? Accordingly, as discussed in the right lease, or a successful bidder to a 3504.17 What happens if I do not pay my preamble, and under the authority of 30 competitive lease dies before the permit rental in a timely fashion? U.S.C. 181, 43 U.S.C. 1734, and section or lease is issued? 3504.20 What are the requirements for 402, Reorganization Plan No. 3 of 1946 3502.41 What happens to a permit or lease paying royalties on production? (5 U.S.C. Appendix), we propose to if a permittee or lessee dies? 3504.21 How does BLM determine the amend 43 CFR Chapter II as follows: 3502.42 What happens if the heir is not royalty rate? qualified? 3504.22 How will I know what the royalty rate is on my lease production? PARTS 3510, 3520, 3530, 3540, 3550, Subpart 3503ÐAreas Available for Leasing 3560, AND 3570Ð[REMOVED] 3504.25 Do I have to produce a certain 3503.10 What areas are not available for amount per year? 1. Remove Parts 3510, 3520, 3530, leasing of any of the minerals covered by 3504.26 May I create overriding royalties on this part? 3540, 3550, 3560, and 3570. my Federal lease? 3503.11 Are there any other areas in which 3504.50 Do I have to file a bond? 2. Remove the heading, Group 3500— I cannot get a permit or lease for the 3504.51 How do I file my bond? Leasing of Solid Minerals Other Than minerals covered by this part? 3504.55 What types of bonds are Coal and Oil Shale. 3503.12 For what areas can I receive a acceptable? 3. Revise part 3500 to read as follows: sulphur lease or permit? 3504.56 If I have more than one lease or 3503.13 For what areas can I receive a permit, may I combine bond coverage? PART 3500ÐLEASING OF SOLID hardrock lease or permit? 3504.60 Under what circumstances might MINERALS OTHER THAN COAL AND 3503.14 For what areas can I get a lease or BLM elect to change the amount of my OIL SHALE permit for asphalt? bond? 3503.15 How can I lease the gold or silver 3504.65 What happens to my bond should Subpart 3501ÐLeasing of Solid Minerals reserved to the United States on land I I fail to carry out my obligations under Other Than Coal and Oil Shale-General hold under a private land claim in New a permit or lease? Mexico? 3504.66 Will I be required to restore my Sec. 3503.16 May I obtain permits or leases for bond to the full amount if payment has 3501.1 What is the scope of this part? sand and gravel in Nevada under the been made from my bond? 3501.5 What terms do I need to know to terms of this part? 3504.70 When will BLM terminate the understand this part? 3503.20 What if the lands I’m interested in period of liability of my bond? 3501.10 What types of mineral use are administered by an agency other than 3504.71 When will BLM release my bond? authorizations are allowed under this BLM? part? Subpart 3505ÐProspecting Permits 3503.21 What happens if the surface of the 3501.16 Does my permit or lease grant me lands I’m interested in belongs to a non- 3505.10 What is a prospecting permit? an exclusive right to develop the lands Federal political subdivision or 3505.11 How do I obtain a prospecting covered by the permit or lease? charitable organization? permit? 3501.17 Are there any general planning or 3505.12 How do I complete the application environmental considerations that affect 3503.25 Can BLM issue permits and leases form? my permit or lease? for Federal minerals underlying private 3505.15 Is there an acreage limit for my 3501.20 If BLM approves my application for surface? application? a use authorization under this part, when 3503.28 Does BLM incorporate any special 3505.20 Is there a fee or payment required does it become effective? requirements to protect the lands and with my application? 3501.30 Can I appeal BLM’s decisions resources? under this part? 3503.30 How should I describe the lands 3505.25 How does BLM prioritize I’m applying for in my application? applications for prospecting permits? Subpart 3502ÐQualification Requirements 3503.31 What if the lands are in States that 3505.30 Can I amend or change my 3502.10 Who may hold leases and permits? are part of the Public Lands Survey application once filed? 3502.13 Can foreign citizens hold permits System, but have not been surveyed on 3505.31 May I withdraw my application or leases? the ground, are not shown on the records once filed? 3502.15 Are there any additional as protracted surveys, or do not conform 3505.40 After submitting my application, restrictions on holdings of leases or to the public land surveys? do I need to submit anything else? interests in leases? 3503.32 Are there any alternative methods 3505.45 What is an exploration plan? 3502.20 Will BLM issue me a lease if I am of describing acquired lands? 3505.50 How will I know if my application not in compliance with the diligence 3503.33 Are there any size or shape has been approved or rejected? requirements of section 2(a)(2)(A) of the limitations on the lands I can apply for? 3505.51 May I correct or refile my Mineral Leasing Act, as amended? 3503.36 Will BLM issue a lease for application if BLM rejects it? 3502.25 Where do I file evidence that I am unsurveyed lands? 3505.55 What are my obligations to BLM qualified to obtain a permit or lease? 3503.37 Is there a limit to the acreage of under an approved prospecting permit? 3502.26 Can I supplement or update my lands I can hold under permits and 3505.60 How long is my prospecting permit qualifications statement? leases? in effect? 3502.27 If I am filing as an individual, what 3503.38 How does BLM compute my 3505.61 Can BLM extend the term of my information do I have to provide? acreage holdings? prospecting permit? 3502.28 If I am an association or a 3503.39 Where do I file my application and 3505.62 Under what conditions can I partnership, what information do I have other necessary documents? extend my prospecting permit? to provide? 3503.40 Will BLM make the information in 3505.64 How do I apply for an extension? 3502.29 If I am a guardian or trustee of a my application available to the public? 3505.65 What information must I include in trust holding on behalf of a beneficiary, my request for extension? what information do I have to provide? Subpart 3504ÐFees, Rental, Royalty and 3505.66 If approved, when is my extension 3502.30 If I am a United States corporation, Bonds effective? what information do I have to provide? 3504.11 What forms of payment will BLM 3505.70 May I relinquish my prospecting 3502.33 If I represent an applicant as an and MMS accept? permit? attorney-in-fact, do I have to submit 3504.12 What payments do I send to BLM 3505.75 What happens if I fail to pay the anything to BLM? and what payments do I send to MMS? rental? Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54389

3505.80 What happens when my permit 3509.20 When does my future interest lease 3512.30 What is a suspension of expires? take effect? operations? 3505.85 Can BLM cancel my prospecting 3509.25 Under what conditions would BLM 3512.31 What is the effect of a suspension permit for reasons other than failure to reject my application for a future interest of operations? pay rental? lease? 3512.32 How do I apply for a suspension of 3509.30 May I withdraw my application for operations? Subpart 3506ÐExploration Licenses a future interest lease? 3512.33 When will my suspension of 3506.10 What is an exploration license? operations take effect? Subpart 3510ÐLease Terms and Conditions 3506.11 What must I do to obtain an 3512.34 When and how does my exploration license? 3510.15 How long will my lease be in suspension of operations expire or 3506.12 Who prepares and publishes the effect? terminate? notice? 3510.20 Do certain leases allow me to mine 3506.13 What information must I provide to other commodities as well? Subpart 3513ÐLease Relinquishments, BLM for inclusion in my Notice of 3510.21 If I am mining calcium chloride, Terminations, and Cancellations Exploration? can I obtain a noncompetitive mineral 3513.11 Can I relinquish my lease or any 3506.14 What happens after I publish the lease to produce the commingled sodium part of my lease? Notice of Exploration? chloride? 3513.12 What should I include in a request 3506.15 Who resolves differences and 3510.25 What is meant by lease for partial relinquishment? approves the license and participants? readjustment and lease renewal? 3513.15 Where do I file my relinquishment? 3506.20 After my license is issued, may I 3510.26 What if I object to the terms and 3513.20 When is my relinquishment modify my exploration plan? conditions BLM proposes for a effective? 3506.25 Once I have a license, what are my readjusted lease? 3513.25 When does my lease expire? responsibilities? 3510.27 How will a lease renewal affect my 3513.30 Can my lease be canceled? priority as lessee? Subpart 3507ÐPreference Right Leases 3513.31 Can BLM waive cancellation or 3510.30 If I appeal BLM’s proposed new forfeiture? 3507.11 What do I have to do to be entitled terms, do I have to continue paying 3513.32 Will BLM give me an opportunity to a preference right lease? royalties or rentals while my appeal is to remedy a violation of the lease terms? 3507.15 How do I apply for a preference being considered? 3513.50 What happens to a bona fide right lease? 3510.50 How do I renew my lease? purchaser if the lease assigned to him or 3507.16 What information must my her is subject to cancellation? application for a preference right lease Subpart 3511ÐAssignments and Subleases include? 3511.11 Once I am issued a permit or lease, Subpart 3514ÐNoncompetitive LeasingÐ 3507.20 Is there a fee or payment required can I assign or sublease it? Fringe Acreage Leases and Lease 3511.12 Is there a fee for requesting an with my application? Modifications 3507.25 Under what circumstances will assignment or sublease? BLM reject my application? 3511.13 What do I submit to get BLM 3514.11 If I already have a Federal lease, or 3507.26 What do I need to submit to approval for an assignment of record the mineral rights on adjacent private demonstrate that I’ve found a valuable title? lands, may I lease adjoining Federal land deposit? 3511.16 How do I assign or transfer a that contains the same deposits without 3507.30 If I disagree with BLM’s reasons for sublease or operating rights to my lease competitive bidding? rejecting my preference right lease, may or permit? 3514.12 What do I need to do to obtain a I appeal? 3511.18 Do I have to notify BLM if I intend lease modification or fringe acreage to transfer an overriding royalty to lease? Subpart 3508ÐCompetitive Leases another party? 3514.15 What does BLM do with my 3508.11 What lands are available for 3511.20 Will BLM approve my assignment application? competitive leasing? or sublease if I have outstanding 3514.20 Are there any fees required to 3508.12 How do I get a competitive lease? liabilities? modify my existing lease or obtain a 3508.14 How much time does BLM allow 3511.25 If I assign my permit or lease, when fringe acreage lease? for a bid to be submitted? do my obligations under the permit or 3514.21 What terms and conditions apply 3508.15 What information will the notice of lease end? to fringe acreage leases and lease lease sale include? 3511.30 What are the responsibilities of a modifications? 3508.16 What information will the detailed sublessor and a sublessee? Subpart 3515ÐMineral Lease Exchange statement include? 3511.33 Does an assignment or sublease 3508.20 How will BLM conduct the sale alter the permit or lease terms? 3515.10 May I exchange my lease or lease and handle bids? right for another mineral lease or lease Subpart 3512ÐWaiver, Suspension, or 3508.21 What happens if I am the right? Reduction of Rental and Minimum Royalties successful bidder? 3515.12 What regulatory provisions apply if 3508.22 What happens if my bid is 3512.11 Can I be relieved of the lease I want to exchange a lease or lease right? rejected? requirements of rental, minimum 3515.15 Under what circumstances will royalty, or production royalty? BLM consider initiating an exchange? Subpart 3509ÐFractional and Future 3512.12 What criteria does BLM consider in 3515.18 Will I be notified that BLM is Interest Leases approving a waiver, suspension, or considering an exchange? 3509.10 What are future interest leases? reduction in rental or minimum royalty, 3515.20 Can preference right lease rights be 3509.11 For what lands will BLM issue or a reduction in the royalty rate? exchanged? future interest leases? 3512.15 How do I apply for relief? 3515.21 What types of lands can be 3509.12 What if I am a mining owner or 3512.20 What is a suspension of operations exchanged? operator, and I am applying for a future and production? 3515.22 What if the lands to be exchanged interest lease as part of my existing 3512.21 What is the effect of a suspension are not of equal value? operation? of operations and production? 3515.23 Might I be required to submit 3509.15 Who may apply for a future interest 3512.22 How do I apply for a suspension of additional information? lease? operations and production? 3515.25 If I agree on the lands to be leased 3509.16 How do I apply for a future interest 3512.25 When will my suspension of in exchange, what happens next? lease? operations and production take effect? 3515.26 When will BLM make a decision 3509.17 What information must I include in 3512.26 When and how does my on the exchange? my application for a future interest suspension of operations and production 3515.27 Will BLM attach any special lease? expire or terminate? provisions to the exchange lease? 54390 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Subpart 3516ÐUse Permits patent may be obtained under the deposit of the leasable mineral or 3516.10 What are use permits? Mining Law of 1872 (30 U.S.C. 22 et hardrock mineral for which BLM issued 3516.11 What commodities allow use seq.) if the mineral resource is on public the permit; and, for sodium, potassium permits? domain land. They do not include and sulphur, prove that the lands are 3516.12 What activities can I conduct under leasable minerals, nor do they include chiefly valuable for those minerals. The a use permit? oil, gas, coal and oil shale or mineral 3516.15 How do I apply for use permits? lease allows you to mine the deposit in 3516.16 What must I include with my materials covered by the regulations in accordance with an approved mine application? 43 CFR part 3600. Hardrock minerals do plan. include, but are not limited to, copper, 3516.20 Is there an annual fee or charge for (d) ‘‘Competitive leases’’ are issued use of the lands? lead, zinc, magnesium, nickel, tungsten, 3516.30 What happens if I fail to pay the gold, silver, bentonite, uranium, barite, for known deposits of a leasable mineral annual rental on my use permit? feldspar and fluorspar. or hardrock mineral by competitive Leasable minerals for this part means bidding. The lease allows you to mine Subpart 3517ÐSpecial Provisions Applying the deposit in accordance with an to Hardrock Minerals the chlorides, sulfates, carbonates, approved mine plan. 3517.10 What are development contracts borates, silicates or nitrates of potassium and processing and milling or sodium and related products; sulphur (e) ‘‘Fringe acreage leases’’ are issued arrangements? on public lands in the States of noncompetitively for known deposits of 3517.11 Are leases and permits covered by Louisiana and New Mexico and on all a leasable mineral or hardrock mineral approved agreements exempt from the acquired lands; phosphate, including on Federal lands adjacent to existing acreage limitations? associated and related minerals; asphalt mines on non-Federal lands when the 3517.15 How do I apply for one of these in certain lands in Oklahoma; and deposits can only be mined as part of agreements? Gilsonite (including all vein-type solid 3517.16 How does BLM process my the existing mining operation. application? hydrocarbons). Leasing includes prospecting permits, (f) ‘‘Lease modifications’’ are used to 3517.50 Can I collect mineral specimens for add known deposits of the subject non-commercial purposes? unless the context otherwise requires. MMS means the Minerals leasable mineral or hardrock mineral to Authority: 5 U.S.C. 552; 7 U.S.C. 1011(f); an adjacent Federal lease which 16 U.S.C. 90c–1, 460n–5, 460q–1, 460dd–2, Management Service. 460mm–3, 508b, and 520; 29 U.S.C. 49g; 30 Permit means prospecting permit, contains an existing mine provided the U.S.C. 189, 192c, 293, and 359; 31 U.S.C. unless otherwise specified. deposits can only be mined as part of 9701; 43 U.S.C. 387, 1733, and 1740; Sec. Valuable deposit means a mineral the existing mining operation. 402, Reorganization Plan No. 3 of 1946 (5 occurrence where minerals have been U.S.C. appendix). found and the evidence is of such a § 3501.16 Does my permit or lease grant character that a person of ordinary me an exclusive right to develop the lands Subpart 3501ÐLeasing of Solid covered by the permit or lease? prudence would be justified in the Minerals Other Than Coal and Oil further expenditure of his or her labor No. Your permit or lease gives you an Shale-General and means, with a reasonable prospect exclusive right to the mineral, but not to § 3501.1 What is the scope of this part? of success in developing a profitable the lands. BLM may allow other uses or This part applies to certain minerals mine. disposal of the lands, including leasing leased under the mineral leasing acts § 3501.10 What types of mineral use of other minerals, as long as those uses and hardrock minerals leased under authorizations are allowed under this part? or disposal will not unreasonably Reorganization Plan No. 3 of 1946 on BLM issues several types of mineral interfere with your operation. Any other any unclaimed, undeveloped area of use authorizations to qualified permits or leases covering the lands available public domain or acquired individuals. Certain types of contained within your permit or lease lands where leasing of these specific authorizations do not apply to certain will contain suitable stipulations based minerals is allowed by law. Some areas commodities. on consideration of safety, allow only leases, not prospecting (a) ‘‘Prospecting permits’’ allow you environmental protection, conservation, permits. Special areas identified in 43 to explore for leasable mineral deposits maximum recovery of the resource, and CFR part 3580 are leased under this on lands where BLM has determined other such factors, for simultaneous parts. Check that part to identify any that prospecting is necessary to operation. You must also make all special provisions that apply to those determine the existence of a valuable reasonable efforts to avoid interference special areas. deposit. Any qualified holder of a with other authorized uses. § 3501.5 What terms do I need to know to prospecting permit is entitled to a § 3501.17 Are there any general planning understand this part? preference right lease if he or she or environmental considerations that affect discovers a valuable deposit of the You need to know the following my permit or lease? terms, which are used frequently in this mineral or determines the land to be part: chiefly valuable for sodium, sulfur or (a) BLM will not issue a permit or Act means one or more of the statutes potassium as a result of prospecting lease that does not conform with the referred to in the authority citation of efforts under the permit. decisions, terms and conditions of an this regulation, as appropriate. (b) ‘‘Exploration licenses’’ allow you applicable comprehensive land use Chiefly valuable means that land is to explore in areas which contain plan. known deposits of a leasable mineral to more valuable for the development of (b) BLM or the surface management sodium, sulphur or potassium than for obtain data. With an exploration license, agency will comply with NEPA before any non-mineral disposition, or there is you do not obtain any preference or issuing you a permit or lease. not a significant conflict between other right to a lease. mineral extractions and any other (c) ‘‘Preference right leases’’ are (c) BLM will issue permits and leases disposition of lands. issued to holders of prospecting permits only in a manner consistent with any Hardrock minerals means those who during the term of the permit unsuitability designation made under 43 locatable minerals for which a mineral demonstrate the discovery of a valuable CFR part 1600. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54391

§ 3501.20 If BLM approves my application § 3502.20 Will BLM issue me a lease if I am particular mineral concerned do not for a use authorization under this part, not in compliance with the diligence exceed the allowable acreage holdings when does it become effective? requirements of section 2(a)(2)(A) of the for that mineral. Mineral Leasing Act, as amended? BLM will approve your use (b) A copy of the articles of the BLM will not issue, modify or renew association or partnership. authorization effective the first day of a lease, or approve a transfer of any the month after BLM signs it, unless you lease or interest in a lease, for any of the § 3502.29 If I am a guardian or trustee for request, in writing, that it be effective minerals covered by this part unless you a trust holding on behalf of a beneficiary, the first day of the month in which it are in compliance with section what information do I have to provide? is approved. This applies to all leases, 2(a)(2)(A) of the Mineral Leasing Act, as If you are a guardian or trustee for a licenses, permits, transfers and amended (compliance is determined for trust holding on behalf of a beneficiary, assignments in this part, unless a Federal coal leases in accordance with you must submit the following: specific regulation provides otherwise. 43 CFR 3462.1–2(e)). If BLM issues you (a) A signed statement setting forth: a lease when you are in violation, BLM (1) The citizenship of the beneficiary; § 3501.30 Can I appeal BLM's decisions will cancel your lease as outlined in (2) Your citizenship; under this part? subpart 3513 of this part. (3) The grantor’s citizenship, if the trust is revocable; and Any party adversely affected by a § 3502.25 Where do I file evidence that I BLM decision under this part may (4) That the acreage holdings of the am qualified to obtain a permit or lease? beneficiary, the guardian or trustee, or appeal the decision in accordance with You must file evidence with BLM that 43 CFR parts 4 and 1840. the grantor, if the trust is revocable, do you meet the qualification requirements. not exceed that allowed. You may file this evidence separately (b) A copy of the court order or other Subpart 3502ÐQualification from your application for a permit or Requirements document authorizing or creating the lease, but you should file it in the same trust or guardianship. § 3502.10 Who may hold leases and office where you filed your application. permits? § 3502.30 If I am a United States § 3502.26 Can I supplement or update my corporation, what information do I have to You may hold an interest in leases qualifications statement? provide? and permits under this part only if you After BLM accepts your If you are a corporation, an officer or are: qualifications, you may submit authorized attorney-in-fact must submit additional information to the same BLM a signed statement setting forth: (a) An adult citizen of the United office by referring to the serial number States; (a) The State or territory in which the of the record in which your evidence is corporation is incorporated; (b) An association (including filed. You must make any changes to (b) The name and citizenship, and partnerships and trusts) of such citizens; your qualifications statement in writing. percentage of stock owned, held, or (c) A corporation organized under the It is your responsibility to assure that controlled by, of any stockholder laws of the United States or of any State such evidence is current, accurate and owning, holding, or controlling more complete. or territory thereof; or than 10 percent of the stock of the (d) A legal guardian or trustee of a § 3502.27 If I am filing as an individual, corporation; (c) The names of the officers minor. what information do I have to provide? If you are an individual, you must authorized to act on behalf of the § 3502.13 Can foreign citizens hold submit a signed statement showing: corporation; and permits or leases? (a) You are a U.S. citizen; and (d) That the corporation’s acreage (b) Your acreage holdings, including holdings, and those of any stockholder No. Individual foreign citizens cannot any holding through a corporation, identified under paragraph (b) of this hold permits or leases. Citizens of association, or partnership in which you section, do not exceed that allowed. foreign countries may hold stock in are the beneficial owner of more than § 3502.33 If I represent an applicant as an United States corporations that hold 10% of the stock or other instruments of leases or permits so long as the laws, attorney-in-fact, do I have to submit control, do not exceed the limit for the anything to BLM? customs, or regulations of their country mineral concerned. (See subpart 3503 of You must submit evidence of your do not deny similar privileges to this part for a discussion of acreage authority to act on behalf of the citizens or corporations of the United holdings.) States. A list of the countries which applicant. The applicant must also deny such privileges is available from § 3502.28 If I am an association or a submit a separate statement as to any BLM State office. partnership, what information do I have to qualifications and acreage holdings provide? unless the power of attorney specifically § 3502.15 Are there any additional If you are an association, such as a authorizes and empowers you to make restrictions on holding leases or interests partnership, a member or authorized or to execute such statements on his or in leases? attorney-in-fact must submit the her behalf. Yes. If you are a member of, or following: (a) A signed statement setting forth: § 3502.34 What if there are other parties in delegate to, Congress, a Resident (1) The names, addresses, and interest? Commissioner, or any employee of the citizenship of all members owning or If you are not the sole party in interest Department of the Interior, except as controlling 10 percent or more of the to a permit or lease, you must submit provided in part 20 of this title, you may association or partnership; with your application the names of all not acquire or hold any Federal lease, or (2) The names of the members other parties who hold or will hold any interest therein. (Officer, agent or authorized to act on behalf of the interest in the application or in the employee of the Department-see 43 CFR association or partnership; and permit or lease, when issued. All part 20; Member of Congress-see R.S. (3) That the association or interested parties must furnish 3741; 41 U.S.C. 22; 18 U.S.C. 431–433) partnership’s acreage holdings for the appropriate evidence of their 54392 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules qualifications to hold permit or lease either become qualified or divest § 3503.12 For what areas can I receive a interest. himself or herself of the interest. sulphur lease or permit? BLM may issue sulphur leases and § 3502.40 What happens if an applicant for Subpart 3503ÐAreas Available for permits for any public domain lands in a permit, an applicant for a preference right Leasing lease, or a successful bidder to a the States of Louisiana and New competitive lease dies before the permit or § 3503.10 What areas are not available for Mexico. You can also obtain sulphur lease is issued? leasing of any of the minerals covered by leases or permits for Federal Acquired (a) If probate of the estate has been this part? lands nationwide, subject to the completed or is not required, BLM will The Secretary of the Interior is exceptions listed in 43 CFR 3503.10 and issue the permit or lease to the heirs or prohibited from leasing lands on any of 3503.11. devisees, or their guardian. BLM will the following Federal areas: § 3503.13 For what areas can I receive a recognize the heirs or devisees or their (a) Land recommended for wilderness hardrock lease or permit? guardian as the record title holders of allocation by the surface managing the permit or lease. They must file the agency; Subject to the consent of the surface following information with BLM: (b) Lands within BLM wilderness managing agency, you can obtain (1) A certified copy of the will or study areas; hardrock leases and permits only in the decree of distribution, if any, and if not, (c) Lands designated by Congress as following areas: a statement signed by the heirs that they wilderness study areas; and (a) Lands identified in the are the only heirs and citing the (d) Lands within areas allocated for Reorganization Plan No. 3 of 1946, for provisions of the law of the deceased’s wilderness or further planning in which jurisdiction for mineral leasing last domicile showing that no probate is Executive Communication 1504, Ninety was transferred to the Secretary of the required; and Sixth Congress (House Document Interior. These include lands originally (2) A statement signed by each of the Number 96–119), unless such lands are acquired under the following acts: heirs or devises with reference to allocated to uses other than wilderness (1) 16 U.S.C. 520 (Weeks Act); citizenship and holdings similar to that by a land and resource management (2) Title II of the National Industrial required by § 3502.27. If the heir or plan or have been released to uses other Recovery Act (40 U.S.C. 401, 403a and devisee is a minor, the statement must than wilderness by an act of Congress. 408; be signed by the guardian or trustee. § 3503.11 Are there any other areas in (3) The 1935 Emergency Relief (b) If probate is required but has not which I cannot get a permit or lease for the Appropriation Act (48 Stat. 115 and been completed, BLM will issue the minerals covered by this part? 118); permit or lease to the executor or You may not obtain a prospecting (4) Section 55 of Title I of the Act of administrator of the estate. BLM will permit or lease for the solid leasable and August 24, 1935 (49 Stat. 750 and 781); consider the executor or administrator hardrock minerals in the following and to be the record title holder of the areas: permit or lease. He or she must submit (5) The Act of July 22, 1937 (7 U.S.C. (a) Lands within the boundaries of 1011(c) and 1018) [repealed]; the following information: any unit of the National Park System, (1) Evidence that the person who, as (b) Lands added to the Shasta except as expressly authorized by law; executor or administrator submits forms National Forest by Act of March 19, (b) Lands within Indian Reservations, of lease and bond, has authority to act 1948 (62 Stat. 83); except the Uintah and Ouray Indian in that capacity and to sign those forms; (c) Public Domain Lands within the Reservation, Hillcreek Extension, State (2) Evidence that the heirs or devisees National Forests in Minnesota (16 of Utah; are the only heirs or devisees of the U.S.C. 508(b)); (c) Lands within incorporated cities, deceased; and towns and villages; (d) Lands in New Mexico that are (3) A statement signed by each heir or (d) Lands within the National portions of Juan Jose Lobato Grant devisee concerning citizenship and Petroleum Reserve-Alaska and oil shale (North Lobato) and Anton Chica Grant holdings, as required by § 3502.27. reserves and within the national (El Pueblo) as described in section 1 of § 3502.41 What happens to a permit or petroleum reserves; the Act of June 28, 1952 (66 Stat. 285); lease if a permittee or lessee dies? (e) Lands acquired by the United (e) Lands in the Shasta and Trinity If the permittee or lessee dies, BLM States for development of helium, Units of the Whiskeytown-Shasta- will recognize as the record title holder fissionable material deposits or other Trinity National Recreation Areas; of the permit or lease: minerals, except leasable minerals, (f) The following National Park Lands: (a) The executor or administrator of essential to the defense of the country; (1) Lake Mead National Recreation the estate, if probate is required but has (f) Lands acquired by foreclosure or Area; not been completed and they have filed otherwise for resale; (2) Ross Lake and, in accordance with the evidence required by § 3502.40(b); (g) Acquired lands reported as surplus 16 U.S.C. 906–1(b), Lake Chelan or under the Federal Property and Recreation Area; Administrative Services Act of 1949 (40 (b) The heirs or devisees, if probate (3) Glen Canyon National Recreation has been completed or is not required, U.S.C. 471 et seq.); (h) Any tidelands or submerged Area; and if they have filed evidence required by (4) Lands in the Whiskeytown Unit of § 3502.40(a). coastal lands within the continental shelf adjacent or littoral to any part of the Whiskeytown-Shasta-Trinity § 3502.42 What happens if the heir is not lands within the jurisdiction of the National Recreation Area; qualified? United States; and (g) Lands patented to the State of Consistent with the provisions of the (i) Lands located adjacent to or within California for park or other purposes Mineral Leasing Act (30 U.S.C. 184(g)), Searles Lake, California are not available where minerals were reserved to the BLM will allow unqualified heirs to for potassium prospecting permits. BLM United States; and hold ownership for not more than two will lease potassium in this area by (h) White Mountains National years. During that period, the heir must competitive bidding. Recreation Area, Alaska. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54393

§ 3503.14 For what areas can I get a lease § 3503.21 What happens if the surface of § 3503.31 What if the lands are in States or permit for asphalt? the lands I'm interested in belongs to a non- that are part of the Public Lands Survey You may obtain leases for asphalt Federal political subdivision or charitable System, but have not been surveyed on the only on certain Federal lands in the organization? ground, are not shown on the records as protracted surveys, or do not conform to State of Oklahoma. You may not obtain If the United States has conveyed or the public land surveys? prospecting permits for asphalt. transferred the surface of the lands Describe such lands by metes and § 3503.15 How can I lease the gold or included within your permit or lease silver reserved to the United States on land application to any State or political bounds in accordance with standard I hold under a private land claim in New subdivision, agency or instrumentality survey practices. Connect your Mexico? thereof, or a college or any other description by courses and distances If you are the holder of the remaining educational corporation or association, between successive angle points to an record title interest or operating rights or a charitable or religious corporation official corner of the public land surveys interest in confirmed private land grants or association, BLM must notify them by or, for accreted lands, to an angle point in the State of New Mexico you can certified mail of your application for a that connects to a point on an official lease gold and silver reserved to the permit or lease. BLM will give the corner of the public lands survey to United States. 43 CFR part 3580, subpart surface owner a reasonable time, not to which the accretions belong. 3581 discusses the requirements for exceed 90 days, to suggest any lease § 3503.32 Are there any alternative leasing silver and gold. stipulations necessary for the protection methods of describing acquired lands? of existing surface improvements or § 3503.16 May I obtain permits or leases Yes. You may describe acquired lands for sand and gravel in Nevada under the uses, provide reasons for the terms of this part? stipulations, or file any objections to the in the manner as discussed above. You issuance of the lease or permit. BLM may instead use the description shown You may not get new leases or will make the final decision whether to on the deed or other document that permits. However, any sand and gravel issue or deny the lease and which, if conveyed title to the United States. If lease already issued for certain lands you are applying for less than the entire patented to the State of Nevada can be any, stipulations identified by the tract acquired by the United States, you renewed at the expiration of its initial surface owner will be included within must describe the land using courses term, for successive additional terms of the lease terms, based on how the and distances tied to a point on the 5 years. interests of the United States would best be served. boundary of the requested tract. Where § 3503.20 What if the lands I'm interested a tract number has been assigned by the in are administered by an agency other than § 3503.25 Can BLM issue permits and acquiring agency to the identical tract BLM? leases for Federal minerals underlying you wish to lease or permit, you may private surface? (a) BLM will lease or permit public describe those lands by the tract domain lands administered by other Yes. Where the United States has number, as long as you include a map agencies only after consulting with the disposed of certain lands under specific which clearly shows the location of the surface management agency. When land disposal statutes, and those lands sought with respect to the required by law, BLM will also obtain statutes reserved certain leasable or administrative unit or the project of the consent of the surface management hardrock minerals to the United States which they are a part. In States outside agency. together with the right to prospect for, of the Public Lands Survey System, you (b) Before issuing leases or permits on mine, and remove the minerals under should describe the lands by tract acquired lands, BLM must obtain applicable leasing laws and regulations, number, and include a map. written consent from the surface BLM will manage and dispose of those § 3503.33 Are there any size or shape management agency. For preference minerals under this part. right lease applications, where the limitations on the lands I can apply for? surface management agency has § 3503.28 Does BLM incorporate any Generally, a quarter-quarter section or special requirements to protect the lands consented to the prospecting permit, a lot is the smallest legal subdivision for BLM will consult with that agency and resources? which you may apply. The lands must before approving the lease. At that time, BLM will specify stipulations, be in reasonably compact form. the surface management agency may including those specified by the surface request supplemental data regarding management agency or private surface § 3503.36 Will BLM issue a lease for surface disturbance and reclamation. unsurveyed lands? owner, to your permit or lease to ensure (c) If a surface management agency adequate utilization and protection of requires special stipulations to a lease or All leased areas must be surveyed. If permit as a condition of granting its the lands and their resources. (See also you are applying for a permit or lease consent, or refuses to consent to the 43 CFR part 3580.) on lands for which BLM or the surface management agency determines that a issuance of the lease or permit, you may § 3503.30 How should I describe the lands survey is needed, you will be required pursue any administrative remedies I'm applying for in my application? provided by that agency. If you notify to pay for the survey. If BLM intends to BLM within 30 days of receipt of BLM’s If the lands are in States that are part issue a lease by competitive bidding, decision that you have requested the of the Public Land Survey System and BLM will pay for surveying the lands. surface management agency to if those lands have been surveyed or are § 3503.37 Is there a limit to the acreage of reconsider its decision, BLM will included within an approved protracted lands I can hold under permits and leases? suspend the time for filing an appeal survey, describe the lands by legal under 43 CFR part 4 until a decision is subdivision, section, township, and Yes. The limits are summarized in the reached by the surface management range. table. agency. 54394 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Maximum acreage for Affected mineral Nationwide acreage limitation Maximum acreage in any one State a permit or lease

Asphalt ...... (Applies to OK only) ...... 2,560 acres ...... 640 Gilsonite ...... (Not applicable) ...... 7,680 acres ...... 5,120 Hardrock minerals ...... (Not applicable) ...... 20,480 acres total, 10,240 acres in leases, unless increased 2,560 up to 20,480 for orderly mine development. Phosphate ...... Not to exceed 20,480 acres in (Not applicable) ...... 2,560 permits or leases. Potassium ...... (Not applicable) ...... 80,000 acres (larger if necessary for extraction of sodium from 2,560 concentrated brines in connection with an existing mining operation). Sodium ...... (Not applicable) ...... 5,120 acres (may be increased to 15,360 acres to facilitate an 2,560 economic mine). Sulphur ...... (Not applicable) ...... 1,920 acres in 3 leases or permits ...... 640

§ 3503.38 How does BLM compute my own 10 percent or more interest through § 3504.12 What payments do I send to acreage holdings? stock or other instruments of ownership BLM and what payments do I send to MMS? BLM computes acreage holdings as or control of the association or (a) Filing fees and rentals. follows: corporation in the association or (1) You should pay all filing fees and (a) The maximum acreage in any one corporation. all first-year rentals and all bonus bids State refers to either public domain for leases to the BLM State office with lands or acquired lands. Under a lease § 3503.39 Where do I file my application jurisdiction over the lands you are or permit for acquired lands, you may and other necessary documents? interested in. Make your instruments not hold acreage for leasable minerals BLM requires that your initial payable to the Department of the greater than the public domain acreage application be filed in the State Office Interior-Bureau of Land Management. for the same minerals allowed to be held administering the lands for which you See 43 CFR part 1800, subpart 1821 for under the Act. BLM will not charge are applying or in the BLM office a list of BLM addresses. public domain lease holdings against specified in our correspondence with (2) You should pay all second-year acquired lands lease holdings and vice and subsequent rentals and all other you. BLM considers a document to be versa; these holdings are not payments for leases to the Department filed when it is received in that office. interchangeable. of the Interior-Minerals Management (b) Where the United States owns § 3503.40 Will BLM make the information Service. only a fractional interest in the mineral in my application available to the public? (b) Royalties. You should pay all resources of lands, BLM will charge royalties on producing leases and all only that part of the total acreage All information that you submit under payments under leases in their involved in your lease or permit which these regulations is subject to disclosure minimum production period to the is proportionate to the United States’ upon request, unless the information is MMS. interest as acreage holdings. Example: If exempt from disclosure under the the United States holds a 25% interest regulations implementing the Freedom § 3504.15 What are the rental rates for the in 200 acres, you will be charged with of Information Act (5 U.S.C. 552) at 43 different commodities? 50 acres (200×.25). CFR part 2, or unless otherwise Rental rates for prospecting permits (c) BLM will not charge any acreage provided in this part. for all commodities are $.50 per acre. in a future interest lease against your Rental rates for leases for each acreage limitations until the date the Subpart 3504ÐFees, Rental, Royalty commodity are shown in the table. The lease takes effect. and Bonds rental payment must be for the total (d) Your acreage holdings for acreage acreage. Round up any fractional limitation purposes will be § 3504.11 What forms of payment will BLM acreage to the next highest acre. If you proportionate to your direct interest and and MMS accept? do not know the exact acreage, compute your indirect interest through stock or Any payment you submit must be by the total acreage by assuming each of other instruments of ownership or U.S. currency, postal money order, or the smallest subdivisions is 40 acres. control of the association or corporation negotiable instrument payable in U.S. Pay the minimum rental or the per-acre in the total lease and permit acreage. currency. Payments made to MMS may rental, whichever is greater. The You will not, however, be charged with also be made by electronic funds minimum rental is $20 per lease or your share of any acreage holdings of a permit for all commodities except transfer. corporation or association unless you asphalt, which has no minimum rental.

Sulphur/Gil- Annual lease rental per acre Phosphate Sodium sonite Asphalt Hardrock

1st year ...... $.25 $.25 $.50 $.25 $1 2nd year ...... 50 .50 .50 .50 1 3rd year ...... 50 .50 .50 .50 1 4th year ...... 1 .50 .50 .50 1 5th year ...... 1 .50 .50 .50 1 6th year through lease end ...... 1 1 .50 1 1 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54395

§ 3504.16 When is my rental due after the year, beginning with the sixth lease year (4) Negotiable U.S. Treasury bonds of first year of the lease? or the first full year of a renewed or a value equal to the amount of the bond. Pay the rental in advance each year on readjusted lease. This requirement If you submit Treasury bonds, include a or before the anniversary of the effective applies to all mineral leases described conveyance giving the Secretary full date of the lease. You must pay rental in part 3500 that BLM issues, reviews, authority to sell the securities in case for each acre or fraction of an acre or readjusts after April 22, 1996. The you default in your performance of the within your lease as long as the lease is minimum royalty payment is $3 per terms and conditions of your lease or in effect. BLM will credit your rental for acre or fraction of an acre payable in permit. any year against the first royalties as the advance. BLM will credit this payment (b) Surety bonds must be issued by royalties accrue under the lease during to your production royalties for that qualified surety companies approved by that year. year only. You are exempt from these the Department of the Treasury. A list minimum production and royalty of qualified sureties is available from § 3504.17 What happens if I do not pay my requirements if you have hardrock any BLM State Office. rental in a timely fashion? mineral leases or development or BLM will notify you that unless you operating agreements subject to § 3504.56 If I have more than one lease or pay within 30 days from receipt of the escalating rentals. permit, may I combine bond coverage? notification, BLM will take action to Yes. In lieu of separate bonds for each cancel your lease. § 3504.26 May I create overriding royalties lease or permit, you may file a bond to on my Federal lease? cover all leases and permits for a § 3504.20 What are the requirements for Yes. However, if BLM determines that paying royalties on production? specific mineral in any one State, or the overriding royalty interest you nationwide. BLM establishes the You must pay royalties on any created might cause premature amount of the bond; however, the production from your lease in abandonment of the property or cause minimums are shown below: accordance with the terms specified in marginally economic or low grade (a) Statewide bonds will be no less the lease. See § 3504.25 for minimum deposits to not be mined, BLM will than $25,000. File these bonds in the royalty amounts. You must pay royalty issue a decision ordering you to reduce BLM State Office for the State where on a percentage of the quantity or gross or suspend the overriding royalty to as your leases are located. value of the output of the produced little as 1% of the gross value at point (b) Nationwide bonds will be no less commodity at the point of shipment to of royalty assessment. Where more than than $75,000. File these bonds in any market. one overriding royalty interest is BLM State Office. involved, BLM will apply any § 3504.21 How does BLM determine the § 3504.60 Under what circumstances royalty rate? suspension or reduction to the respective interests in the manner might BLM elect to change the amount of BLM determines the royalty rate on a agreed upon by the interest holders. In my bond? case-by-case basis, subject to certain the absence of an agreement, BLM will BLM may increase or decrease the minimum royalty rates: amount of your bond when BLM (a) The royalty rate for phosphate and apply the suspension or reduction in inverse order of the dates the overriding determines that a change in coverage is sulphur cannot be less than 5% of the appropriate. gross value of the output of the interests were created. commodity or related mineral. § 3504.50 Do I have to file a bond? § 3504.65 What happens to my bond (b) The royalty rate for potassium and Yes. BLM will establish individual should I fail to carry out my obligations under a permit or lease? sodium cannot be less than 2% of the permit and lease bond amounts on a quantity or gross value of the output of case-by-case basis. In making this BLM will take payment from your the commodity or related product at the determination, BLM will consider the bond to cover any obligations on which point of shipment to market. estimated cost of reasonable you default. Your bond will be reduced (c) There is no minimum royalty rate stabilization and reclamation of the accordingly. If the surety makes a for gilsonite and hardrock minerals. areas to be disturbed and conformance payment, BLM will reduce the face (d) The royalty rate for asphalt cannot with permit and lease terms. The amount of the surety bond and the be less than 25 cents per ton of 2,000 minimum bond requirement for surety’s liability by the amount of the pounds of marketable production. prospecting permits is $1,000. The payment. § 3504.22 How will I know what the royalty minimum bond requirement for leases is § 3504.66 Will I be required to restore my rate is on my lease production? $5,000. bond to the full amount if payment has been made from my bond? If BLM offered the lease § 3504.51 How do I file my bond? competitively, the rates are in the notice File your bond in the BLM State office Yes. After any default, BLM will of lease sale. If you applied for a where you applied for a permit or lease. notify you of the amount needed to noncompetitive lease, BLM will send You must use an approved BLM form. bring your bond up to the required you a royalty rate schedule for your File one copy, executed by you as level. We will give you no more than six concurrence and signature before we principal or, in the case of surety bonds, months to post a new bond or increase issue the lease. BLM attaches by both you and an acceptable surety. the existing bond to its pre-default level. production royalty rates to, and makes You may elect to file separate or them a part of, all leases. BLM § 3504.55 What types of bonds are substitute bonds for each lease or determines the rate on an individual acceptable? permit. If you do not replace your bond, case basis before we offer the lease. You can file either a personal bond or BLM may cancel the leases or permits a surety bond. covered by the bond. § 3504.25 Do I have to produce a certain (a) Personal bonds may be in the form amount per year? of: § 3504.70 When will BLM terminate the You are required to produce a (1) Cash; period of liability of my bond? minimum amount or pay a minimum (2) Cashier’s check; BLM will terminate the period of royalty in lieu of production each lease (3) Certified check; or liability of a surety or other provider of 54396 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules a bond at any time. The bond provider § 3505.15 Is there an acreage limit for my responsible for operations under your must provide 30 days notice to BLM and application? plan and to whom BLM will deliver to the principals whose obligations are The acreage in your application must notices and orders; secured. You may not conduct any not exceed or cause your holdings for (b) A brief description, including operations after a bond is terminated, that mineral to exceed the maximum maps, of geologic, water, vegetation and without providing a new bond allowed under the permit. BLM cannot other physical factors, and the satisfactory to BLM. BLM will also issue a permit or lease if it causes you distribution, abundance and habitat of terminate the period of liability on an to exceed the State or nation-wide fish and wildlife, particularly old bond once a new bond has been limits. See the table at § 3503.37. threatened and endangered species, that filed and BLM accepts it. § 3505.20 Is there a fee or payment your proposed exploration may affect, and the present land use in and adjacent § 3504.71 When will BLM release my required with my application? bond? Yes. You must include with your to the area; (c) A narrative description showing: BLM will release your bond when we application: (a) A nonrefundable filing fee of $25; have determined, after the passage of a (1) The method of exploration and and reasonable period of time, that you have types of equipment you will use; (b) The first year’s rental, as shown in (2) The measures you will take to paid all royalties, rentals, penalties, and § 3504.15. assessments, satisfied all permit or lease prevent or control fire, soil erosion, obligations, reclaimed the site, and § 3505.25 How does BLM prioritize pollution of surface and ground water, taken effective measures to ensure that applications for prospecting permits? pollution of air, damage to fish and the mineral prospecting or development BLM will prioritize applications wildlife or their habitat and other activities will not have an adverse effect based on the time of filing. Where more natural resources and hazards to public on surface or subsurface resources. than one application is filed at the same health and safety, including specific time for the same commodity on the actions necessary to meet all applicable Subpart 3505ÐProspecting Permits same lands, BLM will hold a public laws and regulations; (3) The method for plugging drill § 3505.10 What is a prospecting permit? drawing in accordance with 43 CFR part 1820, subpart 1821 to determine holes; and (a) A prospecting permit gives you, as priority. (4) The measures you will take for the permittee, the exclusive right to surface reclamation, which must § 3505.30 Can I amend or change my prospect on and explore lands available include as appropriate: for leasing to determine the existence of application once filed? (i) A reclamation schedule; a valuable deposit of: Yes. However, if your amendment (ii) The method of grading, (1) Phosphate; adds lands, BLM will assign priority to your amended application for such backfilling, soil stabilization, (2) Potassium; compacting and contouring; (3) Sulphur; additional lands from the date you filed the amended application. You must (iii) The method of soil preparation (4) Sodium send the rental for the added lands with and fertilizer application; (5) Gilsonite; or your amended application. You do not (iv) The type and mixture of shrubs, (6) A hardrock mineral. need to submit additional filing fees. trees, grasses, forbs or other vegetation (b) You may remove only material You cannot exceed the acreage to be planted; and needed to demonstrate the existence of limitations specified in § 3503.37. (v) The method of planting, including a valuable mineral deposit. § 3505.31 May I withdraw my application approximate quantity and spacing; § 3505.11 How do I obtain a prospecting once filed? (d) The estimated timetable for each permit? Yes. If you withdraw your application phase of the work and for final You must provide three copies of the in whole or in part before BLM signs the completion of the program; official BLM application form and file it permit, your rental payment will be (e) Suitable topographic maps or with the BLM office with jurisdiction refunded proportionate to the extent of aerial photographs showing existing over the lands you are interested in. your withdrawal. BLM will retain the bodies of surface water, topographic, filing fee. cultural and drainage features, and the § 3505.12 How do I complete the proposed location of drill holes, application form? § 3505.40 After submitting my application, trenches and roads; and do I need to submit anything else? Your application must be legible and (f) Other data which BLM may dated. It must contain your or your Yes. After initially reviewing your require. agent’s original signature. Your permit application, but before issuing application must also include: the prospecting permit, BLM will § 3505.50 How will I know if my application (a) Your name and address; require you to submit three copies of an has been approved or rejected? (b) A statement of your qualifications exploration plan. You must also submit If BLM accepts your application, we and holdings (See subpart 3503 of this a bond. See subpart 3504 of this part, will issue your lease or permit. If BLM part); especially § 3504.50, for information on rejects your application, we will issue a (c) A complete and accurate land bonds. decision document to you by certified description in compliance with subpart § 3505.45 What is an exploration plan? mail (return receipt requested). In it BLM will: 3502 of this part; An exploration plan shows how you (d) Three copies of any maps if intend to determine the existence and (a) Detail the reasons for rejecting needed to accompany the description; workability of a valuable deposit. Your your application; and exploration plan must, insofar as (b) Identify any items you will need (e) The name of the commodity or possible, include the following: to correct in your application; and commodities for which you are (a) The names, addresses and (c) Describe how you can appeal an applying. telephone numbers of persons adverse decision. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54397

§ 3505.51 May I correct or refile my nonrefundable filing fee of $25; and the § 3505.85 Can BLM cancel my prospecting application if BLM rejects it? first year’s rental, in accordance with permit for reasons other than failure to pay If you file a new, corrected §§ 3504.15 and 3504.16. rental? application for the same lands within 30 Yes. BLM can cancel your permit if days of receipt of the rejection, BLM § 3505.65 What information must I include you fail to comply with the Mineral will apply the nonrefundable filing fee in my request for extension? Leasing Act, any of the other acts and rental payment submitted with your Your request must: applicable to your specific permit, these regulations, or any of the permit terms original application to the new (a) Demonstrate that you have met the or stipulations. BLM will provide you application, provided the serial number conditions for extension set out in 43 30 days notice, within which you must of the original application is shown on CFR 3505.62; your new application. BLM will correct your default. If your default establish priority for the permit as of the (b) Describe your previous diligent continues, BLM may cancel your date the new application is filed. If you prospecting activities on the permit; and permit. BLM’s waiver of one particular do not file a new application within 30 (c) Show how much additional time cause for cancellation will not prevent days of rejection, only your rental you need to complete prospecting work. BLM from canceling your permit for any payment will be refunded. other cause, or for the same cause § 3505.66 If approved, when is my occurring at any other time. Unless you § 3505.55 What are my obligations to BLM extension effective? file an appeal, BLM will note the under an approved prospecting permit? Your permit extension will become cancellation of your permit on BLM’s You must: effective as of the date BLM approves it, official status records, at which time the (a) Pay your annual rental in a timely or on the expiration of the original lands covered by the permit will be fashion. See §§ 3504.15 and 3504.16; permit, whichever is later. available for filing of new applications (b) Comply with all permit terms and by any qualified applicant. stipulations attached to the permit by § 3505.70 May I relinquish my prospecting the surface management agency; permit? Subpart 3506ÐExploration Licenses (c) Conduct only those exploration activities approved as part of your Yes. You may relinquish the entire § 3506.10 What is an exploration license? existing exploration plan; and prospecting permit or any legal An exploration license allows you to (d) Discontinue activities following subdivision thereof. A partial explore known, unleased mineral expiration of the initial term unless and relinquishment must clearly describe deposits to obtain geologic, until your permit has been extended by the exact acreage you want to environmental and other pertinent data BLM. relinquish. BLM will not accept a concerning such deposits. relinquishment if you are not in § 3505.60 How long is my prospecting compliance with the requirements of § 3506.11 What must I do to obtain an permit in effect? your permit. Once BLM accepts the exploration license? Your prospecting permit will be request, your relinquishment will be Apply by submitting an exploration effective for an initial term of 2 years. effective as of the date you filed it with plan as described in subpart 3505 of this BLM. The lands you relinquished, if part, along with your request for an § 3505.61 Can BLM extend the term of my otherwise available, will be open to any exploration license. No specific form is prospecting permit? new applications immediately after required. When BLM approves the BLM may extend prospecting permits BLM notes the relinquishment on the exploration plan, we will attach the for phosphate and hardrock for a period official status records. If you relinquish approved plan to, and make it a part of, not to exceed 4 years, and for potassium part or all of your permit, you lose any the license. You must also publish a and Gilsonite a period not to exceed 2 right or entitlement to any preference Notice of Exploration inviting others to years. Sodium and sulphur prospecting right lease to the lands covered by the participate in exploration under the permits cannot be extended. relinquishment. license on a pro-rata cost-sharing basis. § 3505.62 Under what conditions can I § 3505.75 What happens if I fail to pay the § 3506.12 Who prepares and publishes the extend my prospecting permit? rental? notice? Your permit may be extended if you Your prospecting permit will BLM prepares the notice using your can prove that: information and posts the notice and (a) You have explored with reasonable automatically terminate if you fail to pay the rental on or before the your exploration plan in the BLM office diligence and been unable to determine for 30 days. You must publish the the existence and workability of a anniversary date of the permit. BLM will note the termination of your permit Notice of Exploration once a week for valuable deposit covered by the permit. three consecutive weeks in at least one Reasonable diligence means that, in the for failure to pay rental on the official status records. Upon notation, BLM will newspaper of general circulation in the opinion of BLM, you have drilled a area in which the lands are located. sufficient number of core holes or make the lands covered by the permit performed other comparable available for filing of new permit § 3506.13 What information must I provide prospecting to explore the permit area applications. to BLM for inclusion in my Notice of Exploration? within the time allowed; or § 3505.80 What happens when my permit (b) Your failure to perform diligent expires? You must include: prospecting activities was due to (a) Your name and address; conditions beyond your control. Your permit will expire at the end of (b) A description of the lands; its initial or extended term, as (c) The address of the Bureau office § 3505.64 How do I apply for an extension? applicable, without notice. The lands where your exploration plan will be There is no application form. You will be available for new applications 60 available for inspection; and must request an extension at least 90 days after expiration, unless you timely (d) An invitation to the public to days prior to expiration of the permit. file for an extension, or you file an participate in the exploration under the Accompany your request with a application for a preference right lease. license. 54398 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

§ 3506.14 What happens after I publish the (a) A statement of your qualifications methods and costs, the anticipated Notice of Exploration? and holdings as specified in subpart location, kind and extent of necessary Any person who seeks to participate 3503 of this part; surface disturbance and measures to be in the exploration program must notify (b) Three maps showing utility taken to reclaim that disturbance, and you and BLM in writing within 30 days systems, the location of any proposed the profitability of mineral after the final publication and BLM development or mining operations and development. posting. facilities incidental thereto, including the approximate locations and the § 3507.30 If I disagree with BLM's reasons § 3506.15 Who resolves differences and extent of the areas you will use for pits, for rejecting my preference right lease, may I appeal? approves the license and participants? overburden and tailings, and the BLM does, by issuing the license location of water sources or other Yes. If you believe that the facts in naming the participants and acreage resources which you may use in the your application are sufficient to show covered. BLM may also establish core proposed operations or incidental that you are entitled to a lease, you have hole spacing and resolve any other issue facilities; a right to a hearing before an necessary to minimize surface (c) A narrative statement addressing: Administrative Law Judge in the Office disturbance and inconsistencies (1) The anticipated scope, method and of Hearings and Appeals, Department of between proposed exploration plans. schedule of development operations, Interior, under the procedures in 43 CFR including the types of equipment to be parts 4 and 1840. At the hearing, you § 3506.20 After my license is issued, may used; will have to show, by a preponderance I modify my exploration plan? (2) The method of mining anticipated, of the evidence, that you discovered a Yes. BLM may approve modifications including the best available estimate of valuable deposit of the mineral. of your exploration plan upon your the mining sequence and production request. rate; and Subpart 3508ÐCompetitive Leases § 3506.25 Once I have a license, what are (3) The relationship, if any, between § 3508.11 What lands are available for my responsibilities? the mining operations anticipated on competitive leasing? the lands applied for and existing or You must provide to BLM all data BLM issues a competitive lease on planned mining operations, or facilities obtained during exploration. BLM will unleased lands where BLM knows that incidental thereto, on adjacent Federal consider the data confidential and will a deposit of a valuable mineral deposit or non-Federal lands; and not make the data public until the exists. In such areas, BLM will issue you (d) If your application is for less than an exploration license, but not a earlier of the following occurs: the lands covered by your prospecting (a) The areas involved have been prospecting permit. You must compete permit, a complete and accurate with any other interested parties to get leased; or description of the lands as described (b) BLM determines that the data are the lease. and included in your prospecting (a) In general, BLM may offer not exempt from disclosure under the permit. Freedom of Information Act. competitive leases for lands where § 3507.20 Is there a fee or payment prospecting or exploratory work is Subpart 3507ÐPreference Right required with my application? unnecessary to determine the existence Leases Yes. With your application, submit or workability of a valuable mineral deposit. § 3507.11 What do I have to do to be the first year’s rent, according to the provisions in 43 CFR 3504.15. (b) Lands in and adjacent to Searles entitled to a preference right lease? Lake, California, are available for You must have a prospecting permit § 3507.25 Under what circumstances will competitive potassium leases without for the area you want to lease and meet BLM reject my application? regard to quality or quantity of the following conditions: BLM will reject your application for a potassium deposits that may be present. (a) Phosphate, Gilsonite and hardrock preference right lease if: minerals. You must demonstrate that (a) You did not discover a valuable § 3508.12 How do I get a competitive you have discovered a valuable deposit deposit of mineral(s) covered by the lease? within the period covered by your prospecting permit; Notify BLM of areas in which you are prospecting permit. (b) You did not submit requested interested. Additionally, BLM may (b) Sodium, potassium, and sulphur. information in a timely manner; designate certain lands for competitive In addition to demonstrating that you (c) You did not otherwise comply leasing. In both cases, upon determining have discovered a valuable deposit, with the requirements of this subpart; or the lands are available for leasing, BLM BLM must determine that the lands are (d) In the case of sodium, potassium publishes a notice identifying the lands chiefly valuable for the subject minerals. and sulphur, BLM determines that the available, conditions under which bids (c) Asphalt. You can get only a fringe lands are not chiefly valuable for the will be accepted, and the date and time acreage lease or a competitive lease for mineral commodity specified in the bids will be opened. BLM awards asphalt, not a prospecting permit. permit. competitive leases only through sale to the qualified bidder who offers the § 3507.15 How do I apply for a preference § 3507.26 What do I need to submit to highest acceptable bonus bid. right lease? demonstrate that I've found a valuable deposit? No specific form is required. You § 3508.14 How much time does BLM allow for a bid to be submitted? must submit three copies of your To prove you have found a valuable application within 60 days after your deposit, provide BLM the information Prior to offering a lease, BLM will prospecting permit expires. listed in 43 CFR 3593.1. You must have publish a notice of lease sale for at least collected the data during the life of the three consecutive weeks in a newspaper § 3507.16 What information must my prospecting permit. BLM may request of general circulation in the area in application for a preference right lease supplemental data to determine the which the lands are situated. BLM will include? extent and character of the deposit, the also post the notice of lease sale for 30 Your application must contain: anticipated mining and processing days in the public room of the BLM Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54399 office with jurisdiction over the lands market value, as determined by BLM § 3509.16 How do I apply for a future being offered. The notice will specify through appraisal or other appropriate interest lease? the date by which bids must be means, BLM will send you copies of the No specific form is required. Include submitted. lease on the form attached to the a $25 filing fee with application. Submit detailed statement. You must sign and the application to the BLM office with § 3508.15 What information will the notice return the lease form, pay the balance of of lease sale include? jurisdiction over the lands. You must the bonus bid, pay the first year’s rental, file no less than 1 year before the The notice will include: pay the publication costs, and furnish mineral interests vest with the United (a) The time and place of sale; the required lease bond, within the time (b) The bidding method; States. BLM specifies. (c) A description of the tract being § 3509.17 What information must I include offered; § 3508.22 What happens if my bid is in my application for a future interest lease? (d) A description of the mineral rejected? deposit being offered; Your application must include a (a) If your bid is the high bid and is description of the land and the same (e) The minimum bid BLM will rejected because you did not sign the consider; and information BLM requires when you lease form and pay the balance of the apply for a present interest Federal (f) Information on where a detailed bonus bid, or otherwise comply with statement of the terms and conditions of lease, including your certification that this subpart, you forfeit to the United you meet the qualifications the lease sale and of the proposed lease States your deposit of one-fifth of the may be obtained. requirements (see subpart 3502 of this bonus bid amount. part). You also need to include evidence (b) If BLM determines that your high § 3508.16 What information will the of your title and of the extent of your bid must be rejected for reasons beyond detailed statement include? rights to the present interest in the your control, the deposit submitted with The detailed statement will include: mineral deposits either by submitting a the bid will be returned to you. (a) The proposed lease terms and certified abstract of title or a title conditions, including the rental, royalty certificate. You must submit the names rates, bond amount, and special Subpart 3509ÐFractional and Future Interest Leases of the other owners of the mineral stipulations for the particular tract; interests. If you are owner of the (b) An explanation of how you may § 3509.10 What are future interest leases? operating rights to the mineral by means submit your bid; BLM issues future interest leases to of a contract with the owner, you need (c) Notification that you must those holders of mineral interests whose to submit three copies of the mineral accompany your bid with a statement of present interest will revert to the contract or lease also. your qualifications (See subpart 3502 of Federal government at some future date. this part) and a deposit of one-fifth of Future interest leases allow the present § 3509.20 When does my future interest your bid amount; interest holders to continue using their lease take effect? (d) Notification that, if you are the present mineral right once the Federal Unlike other permits or leases, your successful bidder, you must pay, before government acquires it. future interest lease will be effective on BLM issues the lease, your the date the minerals vest in the United proportionate share of the total cost of § 3509.11 For what lands will BLM issue States, as stated in the lease. the publication of the sale notice. Your future interest leases? share is based on the number of tracts BLM will issue noncompetitive leases § 3509.25 Under what conditions would you bid on successfully, divided into for future interests in lands on which BLM reject my application for a future the total number of tracts offered for there is an existing mining operation or interest lease? sale; in which the present mineral interest BLM will reject your future interest (e) A warning concerning 18 U.S.C. holder has established the existence of application if you do not meet the 1860 which prohibits unlawful a valuable deposit, if BLM determines it qualifications in § 3509.15, or for any of combination or intimidation of bidders; is in the public interest. the following reasons: (f) A statement that the Secretary (a) You filed your application less § 3509.12 What if I am a mining owner or reserves the right to reject any and all than one year before the minerals vest bids, and the right to offer the lease to operator, and I am applying for a future interest lease as part of my existing in the United States. If, at the time the the next qualified bidder if the operation? minerals vest in the United States, BLM successful bidder fails to obtain the has on file an application for a future lease for any reason; and You must meet the qualifications set forth in subpart 3502 of this part, and interest lease that was filed less than (g) Any other information BLM deems one year earlier, BLM will reject the appropriate. you must pay fair market value for the mineral deposit when title vests in the application. After the mineral right vests § 3508.20 How will BLM conduct the sale United States. BLM will not issue you in the United States, BLM will accept and handle bids? a lease until you meet those only applications for present interest BLM will open and announce all bids requirements. leases or permits. at the time and date specified in the (b) If you as the lessee would have a notice of lease sale, but will not accept § 3509.15 Who may apply for a future total interest of less than 50% once the interest lease? or reject bids at that time. BLM will not future interest lease becomes effective, consider bids received after the time Only the person who has a present BLM may reject the application unless specified in the notice of sale. You may interest in the minerals may apply for a we determine it would be in the best withdraw or modify your bid prior to future interest lease. BLM may issue interests of the government to issue the the time specified in the notice of sale. future interest leases to applicants who lease. own all or substantially all of the § 3508.21 What happens if I am the present mineral interest (over 50%), § 3509.30 May I withdraw my application successful bidder? regardless of whether that person owns for a future interest lease? If you are the highest qualified bidder as fee owner, lessee, or holder of Yes. You can withdraw your and your bid meets or exceeds fair operating rights. application as long as you file the 54400 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules withdrawal before the lease is signed. Subpart 3510ÐLease Terms and BLM will retain the application fee. Conditions § 3510.15 How long will my lease be in effect? Your lease will be issued for the term specified in the table.

Lease term Phosphate Sodium Potassium Sulphur/hardrock Gilsonite

(a) Initial lease term Indeterminate ...... 10 ...... Indeterminate ...... 20 ...... 20 years, and as long (years). thereafter as Gil- sonite is produced in paying quan- tities. (b) Periods of renewal Readjustment at the Renewal for 10 year Readjustment at the Renewal for 10 year Readjustment at the or readjustment. end of each 20 term at end of ini- end of each 20 term at end of ini- end of each 20 year period. tial term and each year period. tial term and each year period. 10 year period. 10 year period.

§ 3510.20 Do certain leases allow me to and the lands become available for re- the rate specified for late payment by mine other commodities as well? leasing by BLM. the MMS (See 43 CFR part 3590). Yes. Sodium leases may authorize the § 3510.26 What if I object to the terms and § 3510.50 How do I renew my lease? mining of potassium compounds as conditions BLM proposes for a readjusted related products, and potassium leases lease? To renew leases, you must file an application at least 90 days prior to the may authorize the mining of sodium (a) You will be given 60 days after expiration of the lease term. No specific compounds as related products. A receiving the proposed readjusted terms form is required. You must file three phosphate lease allows you to use to file any objection. If BLM does not deposits of silica, limestone or other receive an objection the proposed copies of your application with BLM rock on the lease in the processing or readjusted terms will be in effect. If you together with a nonrefundable $25 filing refining of phosphate, phosphate rock, file an objection, BLM will issue a fee and an advance rental payment of $1 and associated minerals mined from the decision responding to your objection. If per acre or fraction of an acre. leased lands. You must pay royalty for you consider the decision to be adverse Subpart 3511ÐAssignments and the use of these materials as specified in to your interests, you will have the right Subleases your lease. of appeal under 43 CFR parts 4 or 1840. (b) Except as provided in the § 3511.11 Once I am issued a permit or § 3510.21 If I am mining calcium chloride, following section, the readjusted lease lease, can I assign or sublease it? can I obtain a noncompetitive mineral lease to produce the commingled sodium terms and conditions will be effective You may assign or sublease your chloride? pending the outcome of any appeal permit or lease in whole or in part to provided for in paragraph (a) of this any person, association, or corporation If you are producing calcium chloride section unless BLM provides otherwise. in paying quantities from an existing qualified to hold a permit or lease. § 3510.27 How will a lease renewal affect mine which you control, you may apply § 3511.12 Is there a fee for requesting an my priority as lessee? to BLM for a fringe acre lease to produce assignment or sublease? the commingled sodium chloride. You BLM bases your priority as a must already have authorization, under permittee or lessee, as related to other Yes. When you submit your 43 CFR part 3800, for the locatable permittees or lessees on the same lands, instrument for assignment of record title minerals. You must also meet the other on the date we issued your initial or operating rights, or for overriding requirements of this part for the permit or lease. This applies regardless royalty assignment, you must pay a commingled leaseable minerals. of the date of any readjustments, nonrefundable filing fee of $25. BLM extensions, or renewals. will not accept any instrument not § 3510.25 What is meant by lease accompanied by the filing fee. readjustment and lease renewal? § 3510.30 If I appeal BLM's proposed new terms, do I have to continue paying § 3511.13 What do I submit to get BLM (a) If your lease is issued subject to royalties or rentals while my appeal is being approval for an assignment of record title? readjustment, BLM will notify you of considered? Within 90 days of final execution of the readjusted terms at the end of each You must continue to pay royalties or the assignment, you must submit three 20-year period. If BLM does not notify rentals at the original rate. Your copies of your instrument for you of readjusted terms, those leases obligation to pay any increased assignment of each permit or lease. The continue for another 20-year period readjusted royalties, minimum royalties instrument must contain: under the same terms and conditions. and rentals will be suspended while (a) The name and current address of (b) If you have a lease that requires your objection or appeal is considered. the assignee; renewal, BLM will issue the lease for an However, any increased charges accrue initial term as specified in the table in beginning with the effective date of the (b) The interest held by you and the § 3510.15. You must apply for a renewal readjustment, while final action on your interest you plan to assign; of the lease at least 90 days prior to the appeal is pending. If the increased (c) The serial number of the affected end of its initial term in order to extend charges are sustained by a decision on permit or lease; the lease for an additional term. If you the objection or on appeal, you must (d) The percentage of overriding fail to renew these leases, they expire pay the accrued balance, plus interest at royalties retained; Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54401

(e) The date and your original § 3511.30 What are the responsibilities of (h) A detailed statement of expenses signature on each copy, as the assignor; a sublessor and a sublessee? and costs of operating the entire lease, and After BLM’s approval of a sublease and the income from the sale of any (f) The assignee must also send BLM becomes effective, the sublessor and leased products; a request for approval of the assignment sublessee become jointly and severally (i) All facts showing why you cannot which must contain: liable for performance of all obligations successfully operate the mines under under the permit or lease. the royalty or rental fixed in the lease (1) A statement of the assignee’s and other lease terms; qualifications and holdings, as required § 3511.33 Does an assignment or sublease (j) For reductions in royalty, full by subpart 3502 of this part; alter the permit or lease terms? information as to whether you pay (2) Date and signature of the assignee; No. An assignment or sublease will royalties or payments out of production and not extend the life of the permit or the to anyone other than the United States, (3) A $25 filing fee. readjustment or renewal periods of the the amounts so paid and efforts made to lease, or alter other terms or conditions reduce them; § 3511.16 How do I assign or transfer a of the permit or lease. (k) Agreements of the leaseholder(s) sublease or operating rights to my lease or permit? Subpart 3512ÐWaiver, Suspension, or and the non-Federal royalty holders to a permanent reduction which ensures You must file one copy of the Reduction of Rental and Minimum Royalties that the non-Federal royalty interests do sublease or agreement to assign not exceed one-half the proposed operating rights between you and the § 3512.11 Can I be relieved of the lease reduced royalties paid to the United operator within 90 days from the date of requirements of rental, minimum royalty, or States; and final execution of these agreements. The production royalty? (l) Any other information needed by assignee must also file a signed and Yes. BLM has a process which may BLM to ascertain whether the request dated request for approval accompanied allow you temporary relief from the satisfies the standards in § 3512.12. by a statement of qualifications and lease requirements of rental, minimum holdings and a $25 fee. BLM will notify royalty, or production royalty. § 3512.20 What is a suspension of you with a formal decision indicating operations and production? approval or disapproval. § 3512.12 What criteria does BLM consider A suspension of operations and in approving a waiver, suspension, or production is an action by which BLM § 3511.18 Do I have to notify BLM if I reduction in rental or minimum royalty, or orders or allows you to cease operations intend to transfer an overriding royalty to a reduction in the royalty rate? in the interest of conservation. another party? BLM may approve an application for Yes. Although BLM does not approve a waiver, suspension, or reduction in § 3512.21 What is the effect of a suspension of operations and production? these transfers, you must file all rental or minimum royalty, or a overriding royalty interest assignments reduction in the royalty rate, if BLM will extend the term of your with the BLM within 90 days from the approval: lease by any periods of suspension of date of execution. Your filing must be (a) Is in the interest of conservation; operations and production. BLM will accompanied by the assignee’s (b) Will encourage the greatest reduce the minimum annual production statement of qualifications as provided ultimate recovery of the resource; and requirements of your lease (c) Is necessary to promote for in subpart 3503 of this part and the proportionately for that portion of a development of the mineral resources or $25 filing fee. lease year in which a suspension of the lease cannot be successfully operations and production is effective. § 3511.20 Will BLM approve my operated under existing terms. You do not have to pay rental and assignment or sublease if I have § 12.15 How do I apply for relief? minimum annual production royalties outstanding liabilities? beginning the first day of the lease You must file two copies of an month if the suspension becomes No. Before BLM will approve your application with BLM which contain effective that day or beginning the first assignment of a lease or permit, your the following information for all leases day of the following lease month if the account must be in good standing or the in the application: assignee and his or her surety must (a) The serial numbers; suspension becomes effective on any provide written acceptance of your (b) The name of the record title day other than the first day of the lease outstanding liabilities under the permit holder(s); month. or lease. In addition, the assignee must (c) The name of the operator if § 3512.22 How do I apply for a suspension either furnish a new bond equivalent to different from the record title holder(s); of operations and production? your existing bond or obtain consent of (d) A description of the lands by legal You must submit two copies of an the surety on your bond to substitute the subdivision; assignee as the principal. (e) A map showing the serial number application to BLM that explains why it and location of each mine or excavation is in the interest of conservation to § 3511.25 If I assign my permit or lease, and the extent of the mining operations; suspend your operations and when do my obligations under the permit or (f) A tabulated statement of the production. lease end? minerals mined and subject to royalty § 3512.25 When will my suspension of You and your surety remain for each month covering a period of not operations and production take effect? responsible for the performance of all less than 12 months immediately Your suspension takes effect on the obligations under the permit or lease preceding the date of filing of your date specified by BLM. until BLM approves the assignment. application, and the average production Even then, you will continue to be mined per day for each month; § 3512.26 When and how does my responsible for obligations that accrued (g) If you are applying for relief from suspension of operations and production prior to BLM’s approval of the the minimum production requirement, expire or terminate? assignment, whether or not they were complete information as to why you did Your suspension will end on the first identified at the time of the transfer. not attain the minimum production; day of the lease month in which you 54402 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules resume operations or production, or that you intend to relinquish all or part § 3513.32 Will BLM give me an opportunity upon expiration of the suspension, of your lease. Include your signature to remedy a violation of the lease terms? whichever occurs first. All lease terms and date. If you relinquish your lease, Yes. If you own or control, directly or and obligations resume on this date. If you will be subject to a continued indirectly, any interest in any lease in you have paid rentals in advance, BLM obligation to make payment of all violation of any of the provisions of the will allow credit on the next rental or accrued rentals and royalties and to Act, BLM will give you 30 days to royalty due under the lease. provide for the preservation of any remedy the violation or to show cause mines or productive works or why the Attorney General should not be § 3512.30 What is a suspension of operations? permanent improvements on the leased requested to institute proceedings in a lands in accordance with the regulations court of competent jurisdiction to: A suspension of operations is an and terms of your lease. (a) Cancel the lease; action by which BLM may, upon your (b) Forfeit the interest so owned; application, suspend operations on your § 3513.12 What should I include in a (c) Compel disposal of the interest so lease when marketing conditions are request for partial relinquishment? owned or controlled; or such that your leases cannot be operated Any partial relinquishment must (d) If a lease is issued improperly, and except at a loss. clearly describe the lands you are requires amending, it will be subject to § 3512.31 What is the effect of a relinquishing and give the exact area administrative cancellation and BLM suspension of operations? involved. will issue an amended lease. A suspension of operations does not § 3513.15 Where do I file my § 3513.50 What happens to a bona fide affect the term of the lease or the annual relinquishment? purchaser if the lease assigned to him or rental payment. BLM will reduce the her is subject to cancellation? minimum annual production File the relinquishment in the BLM (a) If you are a qualified bona fide requirements of your lease office that issued the lease. purchaser, BLM will not cancel your proportionate to that portion of the lease § 3513.20 When is my relinquishment lease or your interest in a lease even if year for which a suspension of effective? we had decided to cancel your operations is effective. You do not have predecessor’s lease. However, as to pay minimum annual production When BLM accepts your purchaser, you are responsible for beginning the first day of the lease relinquishment, it will be effective as of ensuring that the lease is in compliance month if the suspension becomes the date you filed it. with the terms and conditions required effective that day or beginning the first § 3513.25 When does my lease expire? by BLM. day of the following lease month if the (b) BLM will promptly take action to suspension becomes effective on any (a) Sodium, sulphur, asphalt, and dismiss any party who shows it is a day other than the first day of the lease hardrock mineral leases expire at the bona fide purchaser from any legal month. end of the lease term, unless you file a proceedings to cancel the lease. timely application for lease renewal, or § 3512.32 How do I apply for a suspension of operations? at the time your application for renewal Subpart 3514ÐNoncompetitive is rejected. LeasingÐFringe Acreage Leases and You must submit an application in Lease Modifications duplicate to BLM which contains (b) Potassium, phosphate and sufficient information to establish that gilsonite leases continue for so long as § 3514.11 If I already have a Federal lease, your lease cannot be operated except at you comply with the lease terms and or the mineral rights on adjacent private a loss. conditions which are subject to periodic lands, may I lease adjoining Federal land readjustment. that contains the same deposits without § 3512.33 When will my suspension of competitive bidding? § 3513.30 Can my lease be canceled? operations take effect? Yes. If the adjoining Federal lands are Your suspension will be effective on Yes. BLM may institute appropriate available for leasing, you can lease them the date specified by the BLM. proceedings in a court of competent noncompetitively, even if they are § 3512.34 When and how does my jurisdiction to forfeit and cancel your known to contain a deposit of the suspension of operations expire or lease if: mineral you are leasing. BLM will either terminate? (a) You fail to comply with the issue a new lease for these lands (fringe The suspension of minimum annual provisions of the Act, or of regulations acreage) or add the lands to your production ends on the first day of the in effect when your lease is issued or existing Federal lease (modification). lease month in which you resume readjusted; or § 3514.12 What do I need to do to obtain operations, or upon expiration of the (b) You default in the performance or a lease modification or fringe acreage suspension, whichever occurs first. observance of any of the terms, lease? Your obligation for minimum annual covenants, and stipulations of the lease (a) You must file three copies of your production resumes at this time. and continue to fail or default for 30 application with the BLM office with Subpart 3513ÐLease days after BLM notifies you in writing jurisdiction over the lands. No specific Relinquishments, Terminations, and of your default. application form is required. Cancellations (b) Your application must be § 3513.31 Can BLM waive cancellation or accompanied by a nonrefundable filing forfeiture? § 3513.11 Can I relinquish my lease or any fee of $25, and an advance rental part of my lease? Yes, but BLM’s waiver of any payment in accordance with the rental If you can show that the public particular cause of forfeiture will not rate for the mineral commodity you are interest will not be impaired, you may prevent BLM from canceling and seeking. If you are seeking to modify an relinquish your entire lease or any legal forfeiting the lease for any other cause existing lease, BLM will base the rental subdivision included in your lease upon or for the same cause occurring at any payment on the rate in effect for the BLM’s approval. Notify BLM in writing other time. lease being modified. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54403

(c) Your application must: Subpart 3515ÐMineral Lease § 3515.18 Will I be notified that BLM is considering an exchange? (1) Reference the serial number of the Exchange lease if the lands adjoin an existing Yes. The notice you receive will: § 3515.10 May I exchange my lease or (a) State why BLM believes an Federal lease; lease right for another mineral lease or lease right? exchange would be in the public (2) Contain a complete and accurate interest; description of the lands desired; Yes. If BLM concludes that operations (b) Ask whether you are willing to (3) Show that the mineral deposit on your preference right or outstanding negotiate for an exchange; specified in your application extends lease are not in the public interest, or (c) Contain a description of the lands from your adjoining lease or from that operations on the lands to be leased for which BLM would offer exchange in exchange would be in the public private lands owned or controlled by terms; and interest, you may relinquish your you; and (d) Allow you to describe the lands on current lease or preference right in (4) Include proof that you own or which you would accept an exchange exchange for a mineral lease of other lease. control the mineral deposit in the lands of equal value for any leasable or adjoining lands if they are not under a hardrock mineral covered by this part. § 3515.20 Can preference right lease rights Federal lease. be exchanged? § 3515.12 What regulatory provisions Yes. In order to have a right that can § 3514.15 What does BLM do with my apply if I want to exchange a lease or lease application? right? be exchanged you must have timely submitted a preference right lease (a) Except as provided in paragraph BLM can issue or modify a lease application. If you have demonstrated a (b) of this section, this subpart and the under this subpart only if we determine right to a lease, BLM may, in lieu of relevant provisions of 43 CFR part 2200 that: issuing the preference right lease, apply to exchanges. negotiate for the selection of appropriate (a) The lands are contiguous to your (b) Exchanges involving the issuance land to exchange and establish lease existing Federal lease or to non-federal of coal leases, coal lease bidding rights terms for those lands. lands owned or controlled by you; or coal lease modifications are subject to (b) The new lease is not in excess of the regulations in 43 CFR part 3400, § 3515.21 What types of lands can be maximum size allowed in a lease, as subpart 3435 rather than to the exchanged? specified in § 3503.37; regulations in this part. The lands to be leased in exchange for (c) The acreage of the modified lease, § 3515.15 Under what circumstances will your existing rights must be: including additional lands, is not in BLM consider initiating an exchange? (a) Subject to leasing under the authorities of this part; and excess of the maximum size allowed for (a) BLM will notify you that we are (b) Acceptable to both you and BLM a lease, as specified in § 3503.37; prepared to consider exchange of a as a lease tract containing a deposit of mineral lease if you relinquish your (d) The mineral deposit is not in an leasable or hardrock minerals of equal existing leasing rights. area of competitive interest; value to your existing rights. (b) BLM may seek to exchange any (e) The lands applied for lack part or all of the lands under your § 3515.22 What if the lands to be sufficient reserves of the mineral preference right lease application(s) or exchanged are not of equal value? resource to warrant independent lease(s). If the lands are not equal in value the development; and (c) BLM must find that the exchange grantor or the Secretary, as (f) Leasing the lands will conserve is in the public interest under both of circumstances require, may equalize the natural resources and will provide for the following criteria: value by making a monetary payment to economical and efficient recovery as (1) The benefits of production from the party receiving the property of lesser part of a mining unit. your existing lease or preference right value. Such payments cannot exceed 25 lease would not outweigh the adverse percent of the total value of the land or § 3514.20 Are there any fees required to effects, or threat of damage or interest transferred out of Federal modify my existing lease or obtain a fringe destruction to agricultural production ownership. The parties may mutually acreage lease? potential, or scenic, biological, geologic, agree to waive the monetary payment, if Before BLM issues a new fringe historic, or other public interest values the Secretary determines that: acreage lease or modifies your existing such as recreational use; archeological (a) A waiver will expedite the lease, you must pay a bonus bid in an or historic values; threatened or exchange; amount determined by BLM based on an endangered species; proximity of (b) The public interest will be better appraisal or other appropriate means, residential or urban areas; study for served by the waiver than by the potential inclusion in the wilderness or but not less than $1 per acre or fraction payment; and wild and scenic rivers systems; and of an acre. (c) The amount to be waived is no value for public uses, including public more than 3 percent of the value of the § 3514.21 What terms and conditions highways, airports, and rights-of-way lands being transferred out of Federal apply to fringe acreage leases and lease from lease operations; and ownership, or $15,000, whichever is modifications? (2) The lands proposed for exchange less. are free from hazardous waste as Your fringe acreage lease is a new defined under the authorities of the § 3515.23 Might I be required to submit lease. Therefore, BLM may impose Clean Water Act (33 U.S.C. 1251), additional information? terms and conditions different from Resource Conservation and Recovery You must be willing to provide those in your original non-Federal lease, Act (42 U.S.C. 6901) and the geologic and economic data to enable if any. BLM will issue a modified lease Comprehensive Environmental BLM to determine the fair market value subject to the same terms and Response, Compensation and Liability of your preference right or lease to be conditions as in the original lease. Act (42 U.S.C. 9601). relinquished. 54404 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

§ 3515.25 If I agree on the lands to be § 3516.15 How do I apply for use permits? (a) Copies of the contract or other leased in exchange, what happens next? You must file three copies of your agreement affecting the Federal After you and BLM agree on the lands application in the BLM office hardrock mineral leases or permits, or to be leased in exchange, BLM will administering the lands you are both; publish a notice of the proposed interested in. There is no specific form (b) A statement showing the nature exchange in the Federal Register and in required. Include a nonrefundable $25 and reason for your request; a newspaper(s) in the county(s) where filing fee and the first year’s rental. (c) A statement showing all the both the preference right or lease lands Calculate the rental in accordance with interests held in the area of the and the proposed exchange lease lands § 3504.15. agreement by the designated contractor; are located. The notice will include: and (a) The time and place of a public § 3516.16 What must I include with my (d) The proposed or agreed upon plan hearing(s); application? of operation for development of the (b) BLM’s preliminary findings that Provide specific reasons why you leased lands. the exchange is in the public interest; need the additional lands, describe the lands applied for, provide any § 3517.16 How does BLM process my and application? (c) A request for public comments on information demonstrating that the the merits of the proposed exchange. lands are suitable and appropriate for (a) BLM considers whether the your needs, and provide evidence that agreement will conserve natural § 3515.26 When will BLM make a decision the lands are unoccupied and resources and is in the public interest. on the exchange? unappropriated. Your application must (b) Once the agreement is signed by After the public hearing BLM will also contain an agreement to pay the all the parties, BLM will approve it. prepare a written decision that issuance annual charge identified in the permit. § 3517.50 Can I collect mineral specimens of the exchange lease is in the public for non-commercial purposes? interest. BLM will then process the § 3516.20 Is there an annual fee or charge exchange lease. for use of the lands? You may collect mineral specimens Yes. You must pay the annual $1 per for hobby, recreation, scientific, § 3515.27 Will BLM attach any special acre rental, or $20, whichever is greater, research or similar purposes. You do not provisions to the exchange lease? on or before the anniversary date of the need a prospecting permit from BLM for The terms will contain: permit. these activities. However, the surface (a) A statement that you quitclaim and management agency, including BLM, relinquish any right or interest in your § 3516.30 What happens if I fail to pay the may require a use permit. That agency preference right lease application or annual rental on my use permit? will issue the permit, subject to any lease exchanged; and Your use permit will terminate fees, terms and conditions that the (b) A statement setting forth BLM’s automatically if you fail to pay the agency may impose. finding that the lease issuance is in the required rental within 30 days after [FR Doc. 96–26398 Filed 10–17–96; 8:45 am] public interest. BLM serves you a written notice of the BILLING CODE 4310±94±P rental requirement. Subpart 3516ÐUse Permits Subpart 3517ÐSpecial Provisions § 3516.10 What are use permits? Applying to Hardrock Minerals FEDERAL COMMUNICATIONS Use permits allow you to use the COMMISSION surface of lands not included within § 3517.10 What are development contracts your lease for purposes associated with and processing and milling arrangements? 47 CFR Part 73 the proper development of your mineral Development contracts and [MM Docket No. 96±205; RM±8862] deposits. Use permits are not processing and milling arrangements prospecting permits. involving hardrock minerals are Radio Broadcasting Services; Jupiter agreements between one or more and Hobe Sound, FL § 3516.11 What commodities allow use hardrock mineral lessees and one or permits? AGENCY: Federal Communications more other entities to justify large scale Commission. Use permits are issued only in operations for the discovery, support of phosphate and sodium development, production, or ACTION: Proposed rule. leases. For phosphate leases, BLM may transportation of ores. issue you a permit to use up to 80 acres SUMMARY: This document requests on unappropriated and unentered lands. § 3517.11 Are leases and permits covered comments on a petition filed by Jupiter For sodium leases BLM may issue you by approved agreements exempt from the Radio Partners requesting the a permit to use up to 40 acres. acreage limitations? substitution of Channel 288C2 for Yes. Hardrock mineral leases and Channel 288C3 at Jupiter, Florida, § 3516.12 What activities can I conduct permits committed to development reallotment of Channel 288C2 to Hobe under a use permit? contracts or processing or milling Sound, Florida, and modification of the Phosphate use permits authorize you arrangements approved by BLM are construction permit for Station WTPX to to conduct activities to properly extract, exempt from acreage limitations. specify operation on Channel 288C2 at treat, or remove the mineral deposits. Hobe Sound, Florida. The coordinates Sodium use permits authorize you to § 3517.15 How do I apply for one of these for Channel 288C2 are 27–16–03 and occupy camp sites, develop refining agreements? 80–12–10. We shall propose to modify works and to use the surface for other No specific form is required. Submit the license for Station WTPX in purposes connected with and necessary three copies of your application to the accordance with Section 1.420(i) of the to the proper development and use of BLM office with jurisdiction over some Commission’s Rules and will not accept the deposits. BLM cannot grant use or all of the lands in which you are competing expressions of interest for the permits on National Forest System interested. Include the following use of the channel or require petitioner lands. information: to demonstrate the availaility of an Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54405 additional equivalent class channel for SUMMARY: The Commission requests Provisions of the Regulatory use by such parties. comments on a petition filed by Wilks Flexibility Act of 1980 do not apply to DATES: Comments must be filed on or Broadcast Acquisitions, Inc., seeking the this proceeding. before November 25, 1996, and reply substitution of Channel 269C3 for Members of the public should note comments on or before December 10, Channel 272A at Augusta, Georgia, and that from the time a Notice of Proposed 1996. the modification of Station WEKL’s Rule Making is issued until the matter ADDRESSES: Federal Communications license to specify the higher class is no longer subject to Commission Commission, Washington, DC 20554. In channel. To accommodate the allotment consideration or court review, all ex addition to filing comments with the at Augusta, the Commission also parte contacts are prohibited in FCC, interested parties should serve the proposes to substitute Channel 232A for Commission proceedings, such as this petitioner, or its counsel or consultant, Channel 269A at Thomson, Georgia, one, which involve channel allotments. as follows: modify the license of Station WTHO to See 47 CFR 1.1204(b) for rules specify the alternate Class A channel, governing permissible ex parte contacts. FOR FURTHER INFORMATION CONTACT: and delete vacant and unapplied-for For information regarding proper Kathleen Scheuerle, Mass Media Channel 232A at Gibson, Georgia. filing procedures for comments, see 47 Bureau, (202) 418–2180. Channel 269C3 can be allotted to CFR 1.415 and 1.420. SUPPLEMENTARY INFORMATION: This is a Augusta in compliance with the summary of the Commission’s Notice of Commission’s minimum distance List of Subjects in 47 CFR Part 73 Proposed Rule Making, MM Docket separation requirements with a site Radio broadcasting. No.96–205, adopted September 27, restriction of 11.3 kilometers (7 miles) Federal Communications Commission. 1996, and released October 4, 1996. The west of the community, at coordinates John A. Karousos, full text of this Commission decision is 33–28–20 NL; 82–05–18 WL. Channel available for inspection and copying 232A can be allotted to Thomson with Chief, Allocations Branch, Policy and Rules during normal business hours in the a site restriction of 3.9 kilometers (2.4 Division, Mass Media Bureau. Commission’s Reference Center (Room miles) west of the community, at [FR Doc. 96–26828 Filed 10–17–96; 8:45 am] 239), 1919 M Street, NW., Washington, coordinates 33–27–26; 82–32–31. In BILLING CODE 6712±01±F DC. The complete text of this decision accordance with Section 1.420(g) of the may also be purchased from the Commission’s Rules, we will not accept Commission’s copy contractors, competing expressions of interest in use 47 CFR Part 73 International Transcription Services, of Channel 269C3 at Augusta or require Inc., 2100 M Street, NW., Suite 140, the petitioner to demonstrate the [MM Docket No. 91±09; RM±7423] Washington, DC 20037, (202) 857–3800. availability of an additional equivalent Radio Broadcasting Services; Provisions of the Regulatory class channel for use by such parties. Greenfield and Del Rey Oaks, CA Flexibility Act of l980 do not apply to Parties expressing an intention to apply this proceeding. for Channel 232A at Gibson must do so AGENCY: Federal Communications Members of the public should note in initial comments herein. Commission. that from the time a Notice of Proposed DATES: Comments must be filed on or ACTION: Proposed rule; denial. Rule Making is issued until the matter before November 25, 1996, and reply is no longer subject to Commission comments on or before December 10, SUMMARY: This document denies the consideration or court review, all ex 1996. petition for rule making filed by parte contacts are prohibited in ADDRESSES: Federal Communications Troposphere Broadcasting Limited Commission proceedings, such as this Commission, Washington, DC 20554. In Partnership, permittee of Station one, which involve channel allotments. addition to filing comments with the KSEA(FM), Greenfield, California, See 47 CFR 1.1204(b) for rules FCC, interested parties should serve the requesting the substitution of Channel governing permissible ex parte contact. petitioner, or its counsel or consultant, 300A for 300B at Greenfield, the For information regarding proper as follows: John Crigler, Esq., Haley reallotment of Channel 300A to Del Rey filing procedures for comments, see 47 Bader & Potts, P.L.C., 4350 North Fairfax Oaks, California, and the modification CFR 1.415 and 1.420. Drive, Suite 900, Arlington, Virginia of Station KSEA(FM)’s construction List of Subjects in 47 CFR Part 73 22203–1633 (Counsel to petitioner). permit to specify Del Rey Oaks as the community of license. See 56 FR 05191. Radio broadcasting. FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau, FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. (202) 418–2180. Victoria M. McCauley, Mass Media John A. Karousos, SUPPLEMENTARY INFORMATION: This is a Bureau, (202) 418–2130. Chief, Allocations Branch, Policy and Rules synopsis of the Commission’s Notice of SUPPLEMENTARY INFORMATION: This is a Division, Mass Media Bureau. Proposed Rule Making, MM Docket No. synopsis of the Commission’s Report [FR Doc. 96–26829 Filed 10–17–96; 8:45 am] 96–203, adopted September 27, 1996, and Order, adopted September 13, 1996 BILLING CODE 6712±01±F and released October 4, 1996. The full and released October 4, 1996. The full text of this Commission decision is text of this Commission decision is available for inspection and copying available for inspection and copying 47 CFR Part 73 during normal business hours in the during normal business hours in the [MM Docket No. 96±203; RM±8871] FCC Reference Center (Room 239), 1919 FCC Reference Center (Room 239), 1919 M Street, NW., Washington, DC. The M Street, NW., Washington DC. The Radio Broadcasting Services; complete text of this decision may also complete text of this decision may also Augusta, Gibson and Thomson, GA be purchased from the Commission’s be purchased from the Commission’s AGENCY: Federal Communications copy contractor, International copy contractors, International Commission. Transcription Services, Inc., (202) 857– Transcription Service, Inc., (202) 857– 3800, 2100 M Street, NW., Suite 140, 3800, 2100 M Street, NW., Suite 140, ACTION: Proposed rule. Washington, DC 20037. Washington, DC 20037. 54406 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

List of Subjects in 47 CFR Part 73 ACTION: Public meeting. were implemented under Amendment 5 to the Fishery Management Plan for the Radio broadcasting. SUMMARY: The Mid-Atlantic Fishery Atlantic Mackerel, Squid, and Butterfish Federal Communications Commission. Management Council’s Atlantic Fisheries (61 FR 14465, April 2, 1996). Mackerel, Squid, and Butterfish John A. Karousos, Discussion at this meeting will focus on Committee and Advisors will hold a Chief, Allocations Branch, Policy and Rules the implications of the minimum mesh public meeting. The purpose of this Division, Mass Media Bureau. provisions for the Loligo fishery, [FR Doc. 96–26827 Filed 10–17–96; 8:45 am] meeting is to discuss the Loligo squid mesh regulation. including enforcement and BILLING CODE 6712±01±F implementation concerns. DATES: The meeting is scheduled for Thursday, October 24, 1996, beginning Special Accommodations at 10 a.m. DEPARTMENT OF COMMERCE ADDRESSES: The meeting will be held at This meeting is physically accessible to people with disabilities. Requests for National Oceanic and Atmospheric the Days Inn, 4101 Island Avenue, sign language interpretation or other Administration Philadelphia, PA 19153, telephone 215– 492–0400. auxiliary aids should be directed to 50 CFR Part 648 Council address: Mid-Atlantic Fishery Joanna Davis at 302–674–2331 at least 5 Management Council, 300 S. New days prior to the meeting date. [I.D. 100496A] Street, Dover, DE 19901, telephone 302– Authority: 16 U.S.C. 1801 et seq. 674–2331. Mid-Atlantic Fishery Management Dated: October 11, 1996. FOR FURTHER INFORMATION CONTACT: Council; Meeting David R. Keifer, Executive Director, Bruce Morehead, AGENCY: National Marine Fisheries Mid-Atlantic Fishery Management Acting Director, Office of Sustainable Service (NMFS), National Oceanic and Council; telephone: 302–674–2331. Fisheries, National Marine Fisheries Service. Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: Minimum [FR Doc. 96–26709 Filed 10–17–96; 8:45 am] Commerce. mesh size provisions for Loligo squid BILLING CODE 3510±22±F 54407

Notices Federal Register Vol. 61, No. 203

Friday, October 18, 1996

This section of the FEDERAL REGISTER Programs in Non-Presence Countries by studying agricultural chemical use and contains documents other than rules or Non-Governmental Organizations’’ and in developing and appraising proposed rules that are applicable to the ‘‘Public-Private Partnership in Support government programs affecting the public. Notices of hearings and investigations, of International Development vegetables industry. committee meetings, agency decisions and Information-Service Centers’’. Non- Description of Respondents: Farms; rulings, delegations of authority, filing of petitions and applications and agency presence countries are those countries Business or other for-profit. statements of organization and functions are where USAID does not have a direct- Number of Respondents: 13,906. examples of documents appearing in this hire resident staff. Non-Government Frequency of Responses: Reporting: section. Organizations are private sector entities On occasion; Weekly; Other, seasonally. including for-profit firms, universities, Total Burden Hours: 2,710. private voluntary organizations, and * National Agricultural Statistics INTERNATIONAL DEVELOPMENT other nonprofit organizations. Service COOPERATION AGENCY Comments submitted in response to this request will be considered prior to Title: Floriculture Survey. Private Sector Development approval of the paper. Summary: Information is collected on Organizations and Foreign Assistance plant production, sales, and value and Programs Dated: September 10, 1996. area used for production of principal Gary V. Kinney, floriculture and nursery commodities. AGENCY: United States Agency for USAID Procurement Ombudsman. Need and Use of the Information: The International Development. [FR Doc. 96–26796 Filed 10–17–96; 8:45 am] information is used to assess current ACTION: Notice and request for BILLING CODE 6116±01±M production levels, potential growth, and comments. the resource needs of the industry. It is also used to address questions on SUMMARY: The U.S. Agency for DEPARTMENT OF AGRICULTURE imports. International Development (USAID) Description of Respondents: Farms; invites comments regarding the Submission for OMB Review; Business or other for-profit. expanded use of private sector Comment Request Number of Respondents: 13,150. development organizations in the Frequency of Responses: Reporting: implementation of foreign assistance October 11, 1996. Annually. programs in countries where USAID no The Department of Agriculture has Total Burden Hours: 6,125. longer has resident staff. submitted the following information * Agricultural Marketing Service DATES: Interested persons are invited to collection requirement(s) to OMB for submit comments on or before review and clearance under the Title: National Research, Promotion, December 1, 1996. Paperwork Reduction Act of 1995, and Consumer Information Programs. ADDRESSES: Written comments and/or Public Law 104–13. Comments Summary: Information is collected requests for copies of the relevant regarding these information collections from producers, handlers and papers on this subject should be are best assured of having their full processors including production, addressed to M/OP, Gary V. Kinney, effect if received within 30 days of this disposition, qualification data, and SA–14, Room 1504, U.S. Agency for notification. Comments should be assessment information. International Development, Washington, addressed to: Desk Officer For Need and Use of the Information: The D.C. 20523–1422; Tel: (703) 875–1204; Agriculture, Office of Information and information is used to strengthen market Fax: (703) 875–1519; or Internet: Regulatory Affairs, Office of place position and to maintain, develop, [email protected]. These papers also Management and Budget (OMB), and expand markets for various can be obtained directly from the Washington, DC 20503 and to commodities. USAID Website at www.info.usaid.gov Department Clearance Officer, USDA, Description of Respondents: Business under the heading ‘‘Franchising’’ OCIO, Mail Stop 7602, Washington, DC or other for-profit; Individuals or Documents. To access this submenu, 20250–7602. Copies of the households; Not-for-profit institutions; select (from the top down) the submission(s) may be obtained by Farms. following: ‘‘Business and Procurement’’, calling (202) 720–6204 or (202) 720– Number of Respondents: 827. ‘‘USAID Procurements’’, ‘‘Procurement 6746. Frequency of Responses: Recordkeeping; Reporting: On occasion; Reform’’, ‘‘Franchising Documents’’. * National Agricultural Statistics Documents can then be downloaded. Monthly; Annually. Service Total Burden Hours: 410,948. FOR FURTHER INFORMATION CONTACT: Title: Vegetables. M/OP, Gary V. Kinney, SA–14, Room Summary: Information is collected for * Forest Service 1504, U.S. Agency for International acreage planted, harvested, production, Title: Customer and Use Survey Development, Washington, D.C. 20523– and utilization of vegetables for fresh Techniques for Operations, 1422; Tel: (703) 875–1204; Fax: (703) market and processing. Management, Evaluation, and Research. 875–1519; or Internet: Need and Use of the Information: The Summary: This is a multipurpose [email protected]. information provides vital statistics for survey designed to serve management, SUPPLEMENTARY INFORMATION: The growers, processors, and marketers to policy, research and program needs. Agency has prepared draft papers, use in making production and System land visitors are asked to entitled ‘‘Implementation of USAID marketing decisions. It is also used in respond to questions concerning 54408 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices accessibility for persons with Janet I. Stockhausen of the USDA Forest Independence Avenue SW., disabilities, road maintenance, clean Service at the Madison address given Washington, DC, between 8 a.m. and water for drinking, etc. above; telephone: 608–231–9502. 4:30 p.m., Monday through Friday, Need and Use of the Information: The SUPPLEMENTARY INFORMATION: The except holidays. Persons wishing to data collected is evaluated to ensure Federal Government’s patent rights to inspect those documents are requested that government-wide public goals and this invention are assigned to the United to call ahead on (202) 690–2817 to management objectives are met. States of America, as represented by the facilitate entry into the reading room. Description of Respondents: Secretary of Agriculture. It is in the FOR FURTHER INFORMATION CONTACT: Individuals or households. public interest to so license this Dr. Arnold Foudin, Deputy Director, Number of Respondents: 10,000. invention as Sonic Industries, Inc. has Biotechnology Permits, BBEP, APHIS, Frequency of Responses: Reporting: submitted a complete and sufficient Suite 5B05, 4700 River Road Unit 147, On occasion. application for a license. The Riverdale, MD 20737–1237; (301) 734– Total Burden Hours: 2,500. prospective license will be royalty- bearing and will comply with the terms 7612. For copies of the environmental * Commodity Credit Corporation and conditions of 35 U.S.C. 209 and 37 assessments and findings of no significant impact, contact Mr. Clayton Title: CCC Conservation Contract. CFR 404.7. The prospective license may Givens at (301) 734–7612; e-mail: Summary: Information collected be granted unless, within sixty days [email protected]. Please refer to allows a respondent to apply for from the date of this published Notice, the permit numbers listed below when conservation benefits, submit the Forest Service receives written performance data for payment, and evidence and argument which ordering documents. establishes that the grant of the license record conservation decisions. SUPPLEMENTARY INFORMATION: The would not be consistent with the Need and Use of the Information: The regulations in 7 CFR part 340 (referred information is used to carry out the requirements of 35 U.S.C. 209 and 37 CFR 404.7. to below as the regulations) regulate the conservation program including introduction (importation, interstate designation of priority areas for funding. Richard M. Parry, Jr., movement, and release into the Description of Respondents: Farms; Assistant Administrator. environment) of genetically engineered Individuals; States, Local or Tribal [FR Doc. 96–26805 Filed 10–17–96; 8:45 am] organisms and products that are plant Government. BILLING CODE 3410±03±M pests or that there is reason to believe Number of Respondents: 31,000. are plant pests (regulated articles). A Frequency of Responses: Reporting: permit must be obtained or a Animal and Plant Health Inspection Once. notification acknowledged before a Service Total Burden Hours: 683,450. regulated article may be introduced into Donald E. Hulcher, [Docket No. 96±081±1] the United States. The regulations set Deputy Departmental Clearance Officer. forth the permit application [FR Doc. 96–26736 Filed 10–17–96; 8:45 am] Availability of Environmental requirements and the notification Assessments and Findings of No BILLING CODE 3410±01±M procedures for the importation, Significant Impact interstate movement, and release into AGENCY: Animal and Plant Health the environment of a regulated article. Agricultural Research Service Inspection Service, USDA. In the course of reviewing each permit Notice of Intent To Grant Exclusive ACTION: Notice. application, APHIS assessed the impact License on the environment that releasing the SUMMARY: We are advising the public organisms under the conditions AGENCY: Agricultural Research Service, that three environmental assessments described in the permit application USDA. and findings of no significant impact would have. APHIS has issued permits have been prepared by the Animal and ACTION: Notice of intent. for the field testing of the organisms Plant Health Inspection Service relative listed below after concluding that the to the issuance of permits to allow the SUMMARY: Notice is hereby given that organisms will not present a risk of field testing of genetically engineered the U.S. Department of Agriculture, plant pest introduction or dissemination organisms. The environmental Forest Service, intends to grant to Sonic and will not have a significant impact assessments provide a basis for our Industries, Inc. of Hatboro, on the quality of the human conclusion that the field testing of the Pennsylvania, an exclusive license to environment. The environmental genetically engineered organisms will U.S. Patent 5,307,679 issued May 3, assessments and findings of no 1994, ‘‘Method and Apparatus for not present a risk of introducing or disseminating a plant pest and will not significant impact, which are based on Evaluating the Drying Properties of Un- data submitted by the applicants and on dried Wood’’. Notice of Availability was have a significant impact on the quality of the human environment. Based on its a review of other relevant literature, published in the Federal Register on provide the public with documentation September 16, 1992. findings of no significant impact, the Animal and Plant Health Inspection of APHIS’ review and analysis of the DATES: Comments must be received by Service has determined that environmental impacts associated with no later than December 17, 1996. environmental impact statements need conducting the field tests. ADDRESSES: Send comments to: Janet I. not be prepared. Environmental assessments and Stockhausen, USDA Forest Service, ADDRESSES: Copies of the environmental findings of no significant impact have Forest Products Laboratory, One Gifford assessments and findings of no been prepared by APHIS relative to the Pinchot Drive, Madison, Wisconsin, significant impact are available for issuance of permits to allow the field 53705–2398. public inspection at USDA, room 1141, testing of the following genetically FOR FURTHER INFORMATION CONTACT: South Building, 14th Street and engineered organisms: Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54409

Date is- Field test Permit No. Permittee sued Organisms location

96±129±02 Texas Tech University ...... 8±23±96 Onion plants genetitically engineered to express Texas. two types of chitinase genes that may confer re- sistance to two fungal pathogens. 96±071±06 University of Florida ...... 8±26±96 Mutants of a bacterium, Xanthomonas campestris Florida. pv. vesi-catoria, genetically engineered to be non-pathogenic. 96±215±01 Pioneer Hi-Bred International, Inc ...... 9±17±96 Canola plants genetically engineered to express California proteins of pharmaceutical or industrial interest..

The environmental assessments and in Animal Biologics (IICAB), to Written comments should be addressed findings of no significant impact have informally discuss a draft proposal for to Steve Patterson, Cascade Ranger been prepared in accordance with: (1) postmarketing surveillance of veterinary District, P.O. Box 696, Cascade, ID The National Environmental Policy Act biologics. The draft proposal to be 83611; or telephone 208–382–7430. of 1969, as amended (NEPA)(42 U.S.C. discussed contains provisions for the Responding within this timeframe 4321 et seq.), (2) Regulations of the reporting of all consumer contacts to will enable forest personnel to analyze Council on Environmental Quality for APHIS by manufacturers. The meeting and respond to your comments in the implementing the procedural provisions provides an opportunity for the Final Environmental Impact Statement of NEPA (40 CFR parts 1500–1508), (3) exchange of information between APHIS (FEIS) and avoid undue delay in the USDA regulations implementing NEPA representatives, producers of veterinary decisionmaking process. Reviewers (7 CFR part 1b), and (4) APHIS’ NEPA biological products, and other interested have an obligation to structure their Implementing Procedures (7 CFR part persons. participation in the review of the 372). The IICAB is a partnership proposal so that it is meaningful and organization sponsored by APHIS, the alerts the agency to the reviewer’s Done in Washington, DC, this 11th day of October 1996. Agricultural Research Service, and Iowa position and contentions. Vermont State University to foster cooperation Yankee Nuclear Power Corp. v. NRDC, A. Strating, among biologics groups in government 435 U.S. 519, 553 (1978). Also, Acting Administrator, Animal and Plant and industry, particularly in the area of environmental objections that could Health Inspection Service. international harmonization. have been raised at the draft stage may [FR Doc. 96–26804 Filed 10–17–96; 8:45 am] Persons interested in the public be waived if not raised until after BILLING CODE 3410±34±P meeting are requested to contact the completion of the FEIS. City of Angoon person listed under FOR FURTHER v. Hodel, 803 F.2d 1016, 1002 (9th Cir., [Docket No. 96±085±1] INFORMATION CONTACT. 1986) and Wisconsin Heritages, Inc. v. Done in Washington, DC, this 11th day of Harris, 490 F. Supp. 1334, 1338 (E.D. Public Meeting; Veterinary Biologics October 1996. Wis. 1980). Comments on the DEIS A. Strating, should be as specific as possible. It is AGENCY: Animal and Plant Health also helpful if reviewers refer their Inspection Service, USDA. Acting Administrator, Animal and Plant Health Inspection Service. comments to specific pages and/or ACTION: Notice of public meeting. [FR Doc. 96–26802 Filed 10–17–96; 8:45 am] chapters in the DEIS. AVAILABILITY: Copies of the DEIS or SUMMARY: This is to notify producers of BILLING CODE 3410±34±P veterinary biological products and other copies of a summary are available upon interested persons that we are holding a request from the Cascade Ranger District Forest Service public meeting to discuss post- Office, P.O. Box 696, Cascade, Idaho, marketing surveillance related to the 83611; or by calling 208–382–7430. Prince John Project, Boise National SUPPLEMENTARY INFORMATION: An distribution and use of veterinary Forest, Idaho biological products. environmental assessment (EA) for this project was released for a 30-day public PLACE, DATE, AND TIME OF MEETING: The AGENCY: Forest Service, USDA. review and comment period in April public meeting will be held in room ACTION: Availability of a Draft 1996 under the auspices of Public Law 1226, College of Veterinary Medicine, Environmental Impact Statement. 104–19. Since that time, and prior to the Iowa State University, Ames, IA, on SUMMARY: The Department of release of the Decision Notice, Thursday, November 7, 1996, beginning Agriculture, Forest Service announces clarification on implementation of at 1:30 p.m. The meeting is scheduled the availability of a Draft Environmental Public Law 104–19 has made it to end at 5:00 p.m., but may end sooner. Impact Statement (DEIS) for the Prince necessary to prepare an Environmental FOR FURTHER INFORMATION CONTACT: Ms. John Project, Boise National Forest, Impact Statement for the project Kay Wessman, Center for Veterinary Cascade Ranger District. The (Secretary of Agriculture Glickman, July Biologics, Animal and Plant Health responsible official for the DEIS is 2, 1996). Inspection Service, 223 South Walnut Forest Supervisor David D. Rittenhouse. Five primary objectives have been Avenue, Ames, IA 50010; (515) 232– The DEIS describes and displays an identified for the project: (1) Salvage the 5785; fax (515) 232–7120; or e-mail: analysis of four alternatives to manage dead and imminently dead trees from [email protected]. National Forest System land within the the area; (2) achieve the desired future SUPPLEMENTARY INFORMATION: The 12,858-acre project area. condition of a healthy diverse forest in Animal and Plant Health Inspection COMMENTS: Reviewers of the DEIS which important resource values, Service (APHIS) is sponsoring a should provide their comments during including healthy timber stands, are meeting, in partnership with the the review period which will last for 45 sustained; (3) improve big-game forage Institute for International Cooperation days after this notice of availability. habitat, thin overcrowded stands of 54410 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices plantations, and reduce natural fuel have identified Pelican Butte as a successional species and bald eagle loads through the use of prescribed fire; potential alpine skiing area. In 1990, the habitat. The Semi-Primitive Recreation (4) reduce current sediment delivery City of Klamath Falls submitted a Area allocation specifically provides for from existing roads by obliterating proposal to the Winema National Forest the option to develop a downhill ski sections of these roads located to develop a year-round recreational area, with the type and scope of immediately adjacent to perennial facility at Pelican Butte as part of the development to be determined in a site- streams; and (5) provide sawlogs and proposed Salt Caves hydroelectric specific EIS. other wood products to help sustain project. Action on the City’s proposal Permits and licenses required to local sawmills and economies. ceased in July 1991 in the face of implement the proposed Master CONTACT: Further information can be uncertainties regarding management Development Plan will, or may, include obtained by contacting Project Leader direction for the northern spotted owl the following: Special Use Permit from Steve Patterson, Cascade Ranger habitat and controversy regarding the the Forest Service; Section 404 Permit District, P.O. Box 696, Cascade, Idaho, project’s effect on bald eagles. In March from the U.S. Army Corps of Engineers; 83611; telephone 208–382–7430. 1992, a community ‘‘futuring’’ process, certification from the Oregon RESPONSIBLE OFFICIAL: David D. Klamath 2002, again identified Pelican Department of Environmental Quality Rittenhouse, Forest Supervisor, Boise Butte as a ‘‘major recreation resource for for Section 401 compliance and permit National Forest, 1750 Front Street, alpine skiing’’. for Pollution Discharge Elimination Boise, ID 83702. A planning permit was issued to the System; approval from the Oregon Pelican Butte Corporation by the Department of Transportation for any Dated: September 10, 1996. Winema National Forest in September access improvements; clearance from David D. Rittenhouse, 1994 to prepare a conceptual master the State Historic Preservation Office; Forest Supervisor. plan for Pelican Butte. In 1995, the and various review and permit [FR Doc. 96–26627 Filed 10–17–96; 8:45 am] Forest issued a ‘‘Prospectus and approvals from Klamath County. BILLING CODE 3410±11±M Requirements for Submitting an Public participation will be important Application for a Ski Area Planning at several points during the EIS Permit for Developing a Winter Sports preparation. The first point is during the Master Development Plan for Pelican Facility on Pelican Butte’’. In response scoping process (40 CFR 1501.7). The Butte Ski Area, Winema National to the prospectus, the Pelican Butte Forest Service will be seeking Forest, Klamath County, Oregon Corporation has submitted a 10-year information and comments from master plan to develop a ski area at AGENCY: Forest Service, USDA. Federal, State, and local agencies, The Pelican Butte. Klamath Tribes, and other individuals ACTION: Notice of intent to prepare an The Master Development Plan environmental impact statement. or organizations who may be interested (proposed action) includes the following in or affected by the proposed action. SUMMARY: The USDA, Forest Service, elements: design capacity of 4,450 This input will be used in preparation will prepare an environmental impact skiers, with a peak capacity of 5,560; of the draft EIS. The scoping process statement (EIS) for a Master gondola, four aerial chairlifts, and one includes: Development Plan for the Pelican Butte T-bar surface lift; 612 acres of ski 1. Identifying potential issues; Ski Area on the Klamath Ranger District terrain; snow-making on 92 acres; 15 2. Identifying issues to be analyzed in of the Winema National Forest. In kilometers of nordic ski trails; two day depth; response to a planning permit and lodges; maintenance and ski patrol 3. Eliminating insignificant issues or prospectus issued by the Forest Service, buildings; and other winter activities those which have been covered by a the Pelican Butte Corporation has such as snow-shoeing. Facilities being previous environmental analysis; submitted a site-specific Master planned are within a development area 4. Exploring additional alternatives; Development Plan for development of a totalling approximately 3,000 acres. and winter recreation area, with limited Summer uses would include gondola 5. Identifying potential environmental summer uses. The Forest Service is rides, day lodge operations, hiking and effects of the proposed action and initiating the process of preparing an interpretive trails. A complete alternatives (i.e. direct, indirect, and EIS to analyze and disclose the effects description of the Proposal is available cumulative effects and connected of the proposed Master Development at the Winema National Forest actions). Plan (Proposed Action) and alternatives. Supervisor’s Office, Klamath Ranger Public scoping meetings will be held The U.S. Army Corps of Engineers and District, and at the Klamath Falls public in Klamath Falls on October 28, in U.S. Fish and Wildlife Service are being library. Medford/Ashland on November 4, and This project-level EIS will tier to the asked to participate as cooperating in Rocky Point, Oregon, on November 6, 1990 Winema National Forest Land and agencies. 1996. Meetings will be advertised Resource Management Plan, as amended through a project newsletter and the DATES: Comments concerning the scope by the 1994 Record of Decision for media. of the analysis should be received in ‘‘Amendments to Forest Service and A range of alternatives for the master writing by December 3, 1996. Bureau of Land Management Planning plan will be considered including the ADDRESSES: Submit written comments Documents Within the Range of the No Action alternative. As issues are to Bob Castaneda, Forest Supervisor, Northern Spotted Owl’’ (Forest Plan). identified other potential alternatives Winema National Forest, 2819 Dahlia The Forest Plan provides guidance for will be developed. Street, Klamath Falls, Oregon 97601. management activities within the The draft EIS is expected to be filed FOR FURTHER INFORMATION CONTACT: potentially affected area through it’s with the Environmental Protection Don Hoffheins, Klamath Ranger District, goals, objectives, management area Agency (EPA) and to be available for Winema National Forest, 1936 direction, and standards and guidelines. public review in December 1997. The California Avenue, Klamath Falls, The project would primarily occur comment period on the draft EIS will be Oregon 97601, phone 541–883–8858. within the Pelican Butte Semi-Primitive 45 days from the date EPA’s Notice of SUPPLEMENTARY INFORMATION: Over the Recreation Area, and to a lesser extent Availability appears in the Federal past thirty years, a number of studies in areas managed with emphasis on late Register. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54411

The Forest Service believes it is Dated: October 10, 1996. 124–10053–10355; 37; 0; n/a important to give reviewers notice at Bob Castaneda, 124–10060–10063; 7; 0; n/a 124–10062–10392; 7; 0; n/a this early stage of several court rulings Forest Supervisor. 124–10079–10309; 4; 0; n/a related to public participation in the [FR Doc. 96–26753 Filed 10–17–96; 8:45 am] 124–10079–10460; 3; 0; n/a environmental review process. First, BILLING CODE 3410±11±M 124–10080–10124; 1; 0; n/a reviewers of a draft EIS must structure 124–10083–10129; 11; 0; n/a their participation in the environmental 124–10089–10057; 1; 0; n/a review of the proposal so that it is ASSASSINATION RECORDS REVIEW 124–10089–10081; 2; 0; n/a meaningful and alerts an agency to the BOARD 124–10089–10141; 1; 0; n/a reviewer’s position and contentions. 124–10094–10092; 2; 0; n/a Formal Determinations on Records 124–10099–10323; 11; 0; n/a Vermont Yankee Nuclear Power Corp. v. 124–10110–10017; 5; 0; n/a NRDC, 435 U.S. 519, 553 (1978). Also, Release 124–10115–10150; 1; 0; n/a environmental objections that could be AGENCY: Assassination Records Review 124–10119–10141; 2; 0; n/a 124–10119–10166; 11; 0; n/a raised at the draft EIS stage but that are Board. not raised until after completion of the 124–10130–10061; 2; 0; n/a ACTION: Notice of formal determinations, final EIS may be waived or dismissed by 124–10130–10261; 2; 0; n/a releases, corrections and 124–10137–10071; 2; 0; n/a the courts. City of Angoon v. Hodel, 803 reconsideration. 124–10137–10078; 2; 0; n/a F.2d. 1016, 1022 (9th Cir. 1986) and 124–10140–10056; 2; 0; n/a Wisconsin Heritages, Inc. v. Harris, 490 SUMMARY: The Assassination Records 124–10147–10069; 1; 0; n/a F. Supp. 1334, 1338 (E.D. Wis. 1980). Review Board (Review Board) met in a 124–10172–10417; 7; 0; n/a Because of these court rulings, it is very closed meeting on September 27, 1996, 124–10094–10088; 3; 0; n/a important that those interested in this and made formal determinations on the 124–10130–10275; 3; 0; n/a proposed action participate by the close release of records under the President 124–10131–10102; 3; 0; n/a John F. Kennedy Assassination Records 124–10137–10064; 3; 0; n/a of the 45-day comment period so that 124–10137–10095; 3; 0; n/a substantive comments and objections Collection Act of 1992 (Supp. V 1994) 124–10140–10052; 3; 0; n/a are made available to the Forest Service (JFK Act). By issuing this notice, the 124–10142–10021; 3; 0; n/a at a time when it can meaningfully Review Board complies with the section 124–10142–10324; 2; 0; n/a consider them and respond to them in of the JFK Act that requires the Review 124–10172–10059; 9; 0; n/a the final EIS. Board to publish the results of its 124–10172–10195; 9; 0; n/a decisions on a document-by-document 124–10187–10084; 6; 0; n/a To assist the Forest Service in basis in the Federal Register within 14 124–10231–10302; 2; 0; n/a identifying and considering issues and days of the date of the decision. 124–10231–10331; 13; 0; n/a concerns on the proposed action, 124–10234–10057; 1; 0; n/a FOR FURTHER INFORMATION CONTACT: T. comments on the draft EIS should be as 124–10244–10166; 5; 0; n/a Jeremy Gunn, General Counsel and specific as possible. It is also helpful if 124–10246–10411; 3; 0; n/a Associate Director for Research and 124–10246–10488; 3; 0; n/a comments refer to specific pages or Analysis, Assassination Records Review 124–10246–10489; 5; 0; n/a chapters of the draft statement. Board, Second Floor, Washington, D.C. 124–10249–10060; 6; 0; n/a Comments may also address the 20530, (202) 724–0088, fax (202) 724– 124–10254–10267; 8; 0; n/a adequacy of the draft EIS or the merits 0457. 124–10254–10269; 9; 0; n/a of the alternatives formulated and 124–10254–10319; 1; 0; n/a SUPPLEMENTARY INFORMATION: This discussed in the statement. (Reviewer 124–10254–10323; 1; 0; n/a notice complies with the requirements may wish to refer to the Council on 124–10254–10324; 2; 0; n/a of the President John F. Kennedy Environmental Quality Regulations for 124–10254–10325; 3; 0; n/a Assassination Records Collection Act of 124–10254–10326; 3; 0; n/a implementing the procedural provisions 1992, 44 U.S.C. 2107.9(c)(4)(A) (1992). 124–10254–10334; 2; 0; n/a of the National Environmental Policy On September 27, 1996, the Review 124–10254–10347; 3; 0; n/a Act at 40 CFR 1503.3 in addressing Board made formal determinations on 124–10254–10349; 3; 0; n/a these points). records it reviewed under the JFK Act. 124–10254–10353; 3; 0; n/a After the 45 day comment period ends These determinations are listed below. 124–10254–10355; 3; 0; n/a 124–10254–10362; 4; 0; n/a on the draft EIS, the comments will be The assassination records are identified 124–10254–10381; 3; 0; n/a analyzed and considered by the Forest by the record identification number 124–10256–10024; 18; 0; n/a Service in preparing the final EIS. The assigned in the President John F. 124–10256–10355; 2; 0; n/a final EIS is scheduled to be completed Kennedy Assassination Records 124–10256–10360; 4; 0; n/a by August 1998. In the final EIS, the Collection database maintained by the 124–10256–10370; 4; 0; n/a Forest Service is required to respond to National Archives. 124–10256–10374; 3; 0; n/a the comments received (40 CFR 1503.4). 124–10256–10375; 10; 0; n/a Notice of Formal Determinations 124–10256–10482; 9; 0; n/a The responsible official, Forest 124–10259–10155; 4; 0; n/a Supervisor Bob Castaneda, will consider For each document, the number of releases of previously redacted 124–10260–10246; 7; 0; n/a the comments, responses, 124–10260–10248; 4; 0; n/a environmental consequences discussed information immediately follows the 124–10260–10361; 3; 0; n/a in the EIS and applicable laws, record identification number, followed 124–10260–10362; 3; 0; n/a regulations, and policies in making a in turn by the number of postponements 124–10263–10273; 3; 0; n/a decision regarding this proposal. The sustained, and, where appropriate, the 124–10263–10274; 5; 0; n/a responsible official will document the date the document is scheduled to be 124–10263–10277; 3; 0; n/a released or re-reviewed. 124–10263–10279; 2; 0; n/a decision and reasons for the decision in 124–10263–10282; 2; 0; n/a the Record of Decision. That decision FBI Documents: Open in Full 124–10263–10287; 22; 0; n/a will be subject to review under 36 CFR 124–10037–10427; 7; 0; n/a 124–10263–10289; 4; 0; n/a Part 215. 124–10049–10187; 2; 0; n/a 124–10263–10293; 10; 0; n/a 54412 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

124–10263–10295; 10; 0; n/a 124–10137–10034; 2; 2; 09/2006 104–10010–10086; 3; 1; 05/1997 124–10263–10296; 3; 0; n/a 124–10137–10040; 9; 7; 09/2006 104–10050–10172; 11; 8; 09/2006 124–10263–10304; 12; 0; n/a 124–10137–10043; 3; 3; 09/2006 104–10052–10045; 4; 1; 05/2001 124–10263–10305; 6; 0; n/a 124–10140–10072; 2; 2; 09/2006 104–10052–10175; 12; 9; 05/1997 124–10263–10308; 5; 0; n/a 124–10142–10358; 0; 1; 09/2006 104–10054–10001; 2; 2; 09/2006 124–10263–10309; 5; 0; n/a 124–10006–10368; 9; 9; 09/2006 104–10054–10015; 6; 1; 05/2001 124–10263–10312; 1; 0; n/a 124–10077–10152; 9; 9; 09/2006 104–10054–10018; 33; 38; 12/1996 124–10263–10315; 6; 0; n/a 124–10124–10019; 25; 5; 09/2006 104–10054–10019; 8; 1; 05/1997 124–10263–10316; 8; 0; n/a 124–10124–10020; 9; 9; 09/2006 104–10054–10028; 62; 4; 09/2006 124–10263–10317; 17; 0; n/a 124–10150–10325; 2; 2; 09/2006 104–10054–10032; 14; 3; 05/1997 124–10263–10318; 11; 0; n/a 124–10160–10442; 8; 1; 09/2006 104–10054–10039; 5; 2; 05/2001 124–10263–10319; 11; 0; n/a 124–10167–10328; 9; 9; 09/2006 104–10054–10041; 7; 5; 05/2001 124–10263–10320; 7; 0; n/a 124–10176–10053; 25; 5; 09/2006 104–10054–10044; 5; 1; 05/2001 124–10263–10321; 1; 0; n/a 124–10176–10082; 9; 9; 09/2006 104–10054–10055; 5; 1; 05/1997 124–10263–10326; 5; 0; n/a 124–10178–10088; 1; 3; 09/2006 104–10054–10063; 6; 1; 05/1997 124–10263–10330; 5; 0; n/a 124–10232–10354; 9; 9; 09/2006 104–10054–10064; 17; 1; 05/2001 124–10263–10366; 7; 0; n/a 124–10233–10373; 5; 5; 09/2006 104–10054–10065; 18; 2; 05/1997 124–10263–10389; 9; 0; n/a 124–10239–10146; 4; 4; 09/2006 104–10054–10066; 3; 1; 05/2001 124–10264–10498; 1; 0; n/a 124–10242–10406; 9; 5; 09/2006 104–10054–10073; 0; 2; 05/2001 124–10266–10007; 7; 0; n/a 124–10242–10407; 6; 4; 09/2006 104–10054–10075; 0; 1; 05/2001 124–10267–10389; 3; 0; n/a 124–10242–10408; 1; 1; 09/2006 104–10054–10076; 2; 3; 05/2001 124–10267–10390; 3; 0; n/a 124–10242–10411; 19; 11; 09/2006 104–10054–10077; 6; 1; 05/2001 124–10267–10391; 6; 0; n/a 124–10243–10012; 13; 3; 09/2006 104–10054–10079; 5; 1; 05/2001 124–10267–10392; 6; 0; n/a 124–10244–10093; 9; 9; 09/2006 104–10054–10105; 15; 1; 05/2001 124–10268–10020; 4; 0; n/a 124–10244–10335; 3; 3; 09/2006 104–10054–10259; 32; 4; 10/2017 124–10268–10021; 2; 0; n/a 124–10247–10183; 3; 2; 09/2006 104–10054–10366; 6; 29; 12/1996 124–10268–10026; 1; 0; n/a 124–10250–10088; 2; 2; 09/2006 104–10054–10408; 45; 23; 05/1997 124–10268–10136; 5; 0; n/a 124–10251–10355; 9; 9; 09/2006 104–10055–10043; 38; 4; 05/1997 124–10268–10149; 4; 0; n/a 124–10251–10356; 25; 5; 09/2006 104–10055–10044; 3; 2; 09/2006 124–10268–10151; 5; 0; n/a 124–10251–10399; 13; 5; 09/2006 104–10055–10058; 2; 28; 12/1996 124–10268–10152; 5; 0; n/a 124–10251–10411; 3; 2; 09/2006 104–10055–10125; 146; 2; 12/1996 124–10268–10154; 5; 0; n/a 124–10254–10187; 9; 9; 09/2006 104–10055–10127; 4; 2; 05/2001 124–10268–10156; 5; 0; n/a 124–10254–10189; 25; 5; 09/2006 104–10057–10020; 5; 7; 09/2006 124–10268–10263; 3; 0; n/a 124–10268–10280; 9; 9; 09/2006 104–10057–10079; 3; 3; 09/2006 124–10269–10222; 7; 0; n/a 124–10268–10281; 25; 5; 09/2006 104–10057–10082; 23; 27; 09/2006 124–10269–10311; 7; 0; n/a 124–10158–10448; 27; 30; 09/2006 104–10057–10084; 12; 3; 05/2001 124–10269–10384; 6; 0; n/a 124–10254–10302; 1; 3; 09/2006 104–10057–10096; 2; 39; 12/1996 CIA Documents: Open in Full 124–10254–10327; 2; 2; 09/2006 104–10057–10108; 4; 4; 09/2006 124–10254–10328; 1; 2; 09/2006 104–10057–10117; 1; 6; 12/1996 104–10059–10421; 3; 0; n/a 124–10254–10329; 3; 2; 09/2006 104–10057–10130; 10; 4; 10/2017 104–10061–10336; 6; 0; n/a 124–10254–10335; 1; 2; 09/2006 104–10057–10142; 9; 8; 09/2006 HSCA Documents: Open in Full 124–10254–10337; 2; 2; 09/2006 104–10057–10153; 0; 1; 05/1997 104–10057–10216; 1; 1; 09/2006 180–10004–10262; 3; 0; n/a 124–10254–10345; 1; 2; 09/2006 104–10057–10223; 1; 2; 10/2017 180–10087–10472; 1; 0; n/a 124–10254–10346; 1; 2; 09/2006 104–10057–10225; 2; 2; 10/2017 180–10087–10474; 1; 0; n/a 124–10254–10352; 1; 2; 09/2006 104–10057–10226; 5; 6; 09/2006 180–10092–10390; 1; 0; n/a 124–10254–10354; 1; 2; 09/2006 104–10057–10227; 2; 4; 10/2017 180–10104–10231; 1; 0; n/a 124–10254–10404; 3; 3; 09/2006 104–10057–10228; 1; 1; 09/2006 180–10111–10087; 1; 0; n/a 124–10255–10401; 7; 4; 09/2006 104–10057–10229; 1; 1; 09/2006 180–10115–10223; 1; 0; n/a 124–10256–10033; 9; 23; 09/2006 104–10057–10303; 7; 5; 09/2006 180–10115–10229; 1; 0; n/a 124–10256–10034; 27; 30; 09/2006 104–10057–10381; 0; 1; 05/1997 180–10115–10231; 2; 0; n/a 124–10256–10288; 3; 3; 09/2006 180–10115–10233; 1; 0; n/a 124–10256–10362; 6; 4; 09/2006 104–10059–10139; 8; 7; 12/1996 180–10115–10234; 1; 0; n/a 124–10256–10365; 3; 1; 09/2006 104–10059–10169; 6; 1; 12/1996 180–10115–10235; 1; 0; n/a 124–10256–10388; 7; 1; 09/2006 104–10059–10198; 8; 1; 05/1997 180–10115–10236; 1; 0; n/a 124–10256–10495; 2; 2; 09/2006 104–10059–10201; 2; 2; 09/2006 124–10257–10451; 7; 3; 09/2006 104–10059–10204; 0; 4; 10/2017 NARA Documents: Open in Full 124–10258–10497; 5; 4; 09/2006 104–10059–10205; 0; 1; 05/1997 179–20004–10231; 1; 0; n/a 124–10262–10327; 31; 2; 09/2006 104–10059–10206; 9; 11; 12/1996 124–10263–10278; 2; 2; 09/2006 104–10059–10209; 0; 1; 05/1997 FBI Documents: Postponed in Part 124–10263–10283; 8; 2; 09/2006 104–10059–10244; 60; 11; 09/2006 124–10029–10281; 4; 4; 09/2006 124–10263–10285; 1; 1; 09/2006 104–10059–10245; 30; 8; 09/2006 124–10035–10425; 6; 6; 09/2006 124–10263–10290; 7; 1; 09/2006 104–10059–10254; 4; 3; 05/1997 124–10055–10392; 27; 6; 09/2006 124–10263–10291; 7; 1; 09/2006 104–10059–10258; 3; 1; 05/1997 124–10073–10322; 3; 1; 10/2017 124–10263–10292; 10; 1; 09/2006 104–10059–10272; 0; 1; 05/1997 124–10079–10071; 0; 2; 09/2006 124–10263–10323; 18; 2; 09/2006 104–10059–10306; 0; 2; 05/1997 124–10089–10006; 13; 4; 10/2017 124–10264–10113; 3; 3; 09/2006 104–10059–10314; 2; 2; 09/2006 124–10089–10011; 6; 1; 10/2017 124–10264–10135; 3; 3; 09/2006 104–10059–10326; 20; 8; 09/2006 124–10108–10175; 23; 1; 09/2006 124–10265–10007; 7; 2; 09/2006 104–10059–10336; 25; 24; 09/2006 124–10108–10305; 4; 5; 09/2006 124–10266–10008; 5; 1; 09/2006 104–10059–10344; 3; 1; 05/1997 124–10110–10238; 3; 1; 09/2006 124–10266–10035; 4; 2; 09/2006 104–10059–10345; 0; 1; 05/1997 124–10110–10268; 2; 2; 09/2006 124–10266–10036; 5; 2; 09/2006 104–10059–10348; 2; 1; 05/1997 124–10118–10270; 0; 1; 09/2006 124–10267–10407; 2; 2; 09/2006 104–10059–10373; 1; 1; 05/1997 124–10130–10198; 2; 1; 09/2006 104–10059–10375; 7; 6; 09/2006 124–10130–10262; 2; 2; 09/2006 CIA Documents: Postponed in Part 104–10059–10393; 8; 8; 09/2006 124–10131–10116; 78; 60; 09/2006 104–10001–10173; 0; 1; 05/1997 104–10059–10411; 0; 1; 10/2017 124–10131–10117; 23; 4; 09/2006 104–10005–10196; 0; 1; 05/1997 104–10059–10429; 0; 1; 05/1997 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54413

104–10061–10002; 0; 2; 05/2001 104–10061–10269; 5; 4; 05/1997 180–10075–10071; 0; 7; 05/1997 104–10061–10008; 0; 4; 12/1996 104–10061–10271; 4; 1; 05/1997 180–10075–10072; 0; 8; 05/1997 104–10061–10013; 8; 4; 09/2006 104–10061–10272; 4; 4; 05/1997 180–10077–10289; 0; 1; 05/2001 104–10061–10025; 0; 1; 05/1997 104–10061–10273; 4; 4; 05/1997 180–10078–10215; 0; 2; 05/1997 104–10061–10034; 0; 1; 05/2001 104–10061–10276; 2; 1; 10/2017 180–10078–10463; 0; 1; 05/1997 104–10061–10035; 6; 3; 10/2017 104–10061–10283; 4; 4; 05/1997 180–10078–10478; 0; 2; 05/1997 104–10061–10038; 9; 1; 05/2001 104–10061–10286; 3; 4; 05/1997 180–10080–10387; 1; 1; 05/1997 104–10061–10040; 8; 2; 09/2006 104–10061–10288; 5; 4; 05/1997 180–10080–10433; 0; 3; 05/1997 104–10061–10041; 0; 3; 05/1997 104–10061–10290; 5; 4; 05/1997 180–10082–10227; 0; 8; 05/1997 104–10061–10044; 14; 2; 09/2006 104–10061–10309; 8; 2; 05/1997 180–10083–10139; 0; 2; 05/1997 104–10061–10053; 3; 5; 12/1996 104–10061–10311; 4; 4; 05/1997 180–10086–10012; 0; 1; 05/1997 104–10061–10059; 4; 2; 10/2017 104–10061–10313; 4; 4; 05/1997 180–10093–10063; 0; 8; 05/1997 104–10061–10065; 12; 4; 05/1997 104–10061–10315; 4; 4; 12/1996 180–10094–10492; 0; 4; 05/1997 104–10061–10066; 4; 4; 09/2006 104–10061–10317; 4; 3; 05/1997 180–10097–10339; 0; 2; 10/2017 104–10061–10080; 1; 9; 12/1996 104–10061–10324; 10; 1; 05/1997 180–10102–10372; 0; 3; 10/2017 104–10061–10090; 5; 2; 09/2006 104–10061–10325; 17; 7; 12/1996 180–10103–10255; 0; 20; 12/1996 104–10061–10097; 3; 3; 09/2006 104–10061–10328; 0; 2; 05/1997 180–10104–10294; 0; 1; 10/2017 104–10061–10103; 1; 1; 09/2006 104–10061–10337; 3; 2; 05/1997 180–10104–10395; 0; 6; 05/1997 104–10061–10105; 1; 1; 09/2006 104–10061–10338; 3; 2; 05/1997 180–10105–10060; 0; 1; 10/2017 104–10061–10107; 1; 1; 09/2006 104–10061–10340; 0; 1; 05/1997 180–10108–10086; 0; 1; 05/1997 104–10061–10108; 1; 1; 09/2006 104–10061–10351; 0; 2; 05/1997 180–10110–10000; 0; 1; 05/1997 104–10061–10109; 1; 1; 09/2006 104–10061–10362; 6; 6; 09/2006 180–10110–10001; 0; 8; 05/1997 104–10061–10111; 1; 1; 09/2006 104–10061–10363; 4; 4; 09/2006 180–10110–10002; 0; 54; 05/1997 104–10061–10116; 1; 1; 09/2006 104–10061–10372; 0; 1; 05/1997 180–10110–10003; 0; 2; 05/1997 104–10061–10118; 2; 2; 09/2006 104–10061–10384; 0; 2; 05/1997 180–10110–10004; 0; 56; 05/1997 104–10061–10119; 1; 1; 09/2006 104–10061–10386; 1; 1; 12/1996 180–10110–10005; 0; 19; 05/1997 104–10061–10120; 1; 1; 09/2006 104–10061–10393; 3; 3; 10/2017 180–10110–10024; 0; 9; 05/1997 104–10061–10124; 3; 4; 05/1997 104–10061–10409; 1; 3; 05/1997 180–10111–10051; 0; 15; 05/1997 104–10061–10126; 6; 4; 05/1997 104–10061–10441; 68; 26; 09/2006 180–10116–10104; 0; 16; 05/1997 104–10061–10128; 2; 2; 09/2006 104–10062–10003; 0; 1; 05/1997 180–10118–10069; 0; 12; 10/2017 104–10061–10129; 4; 5; 12/1996 104–10062–10020; 3; 2; 05/1997 Notice of Additional Releases 104–10061–10131; 5; 4; 05/1997 104–10062–10025; 0; 2; 10/2017 104–10061–10132; 4; 6; 12/1996 104–10062–10060; 0; 1; 05/1997 After consultation with appropriate 104–10061–10133; 1; 3; 05/1997 104–10062–10098; 3; 9; 05/1997 Federal Agencies, the Review Board 104–10061–10137; 2; 2; 09/2006 104–10062–10106; 5; 2; 05/1997 announces that the following Federal 104–10061–10138; 3; 2; 09/2006 104–10062–10155; 10; 1; 05/1997 Bureau of Investigation records are now 104–10061–10139; 3; 2; 09/2006 104–10062–10160; 13; 1; 12/1996 being opened in full: 104–10061–10141; 2; 1; 09/2006 104–10062–10161; 1; 1; 05/2001 104–10061–10142; 2; 1; 09/2006 104–10062–10164; 5; 1; 05/1997 124–10027–10218; 124–10031–10467; 124– 104–10061–10145; 1; 1; 09/2006 104–10062–10168; 5; 2; 09/2006 10031–10468; 124–10035–10101; 124– 104–10061–10146; 2; 4; 05/1997 104–10062–10173; 16; 12; 09/2006 10035–10103; 124–10035–10105; 124– 104–10061–10148; 5; 4; 05/1997 104–10062–10189; 14; 3; 09/2006 10035–10106; 124–10049–10002; 124– 104–10061–10149; 1; 1; 09/2006 104–10062–10207; 9; 9; 12/1996 10058–10438; 124–10063–10462; 124– 104–10061–10150; 5; 4; 05/1997 104–10062–10212; 41; 1; 09/2006 10063–10480; 124–10065–10075; 124– 104–10061–10151; 1; 1; 09/2006 104–10062–10244; 0; 2; 05/1997 10070–10489; 124–10075–10013; 124– 104–10061–10152; 4; 4; 05/1997 104–10062–10256; 5; 10; 05/1997 10079–10237; 124–10079–10282; 124– 104–10061–10154; 4; 4; 05/1997 104–10063–10050; 27; 22; 09/2006 10079–10311; 124–10079–10347; 124– 104–10061–10155; 3; 4; 05/1997 104–10063–10116; 0; 1; 05/1997 10079–10348; 124–10079–10350; 124– 104–10061–10157; 3; 4; 05/1997 104–10063–10127; 4; 7; 09/2006 10079–10354; 124–10079–10355; 124– 104–10061–10160; 3; 4; 05/1997 104–10063–10136; 0; 2; 05/1997 10079–10356; 124–10079–10369; 124– 104–10061–10165; 4; 4; 05/1997 104–10063–10139; 7; 3; 09/2006 10079–10383; 124–10080–10133; 124– 104–10061–10168; 3; 4; 05/1997 104–10063–10140; 3; 3; 09/2006 10082–10147; 124–10084–10017; 124– 104–10061–10170; 3; 4; 05/1997 104–10063–10222; 10; 13; 05/1997 10084–10044; 124–10087–10318; 124– 104–10061–10171; 3; 4; 05/1997 104–10063–10224; 4; 2; 05/1997 10094–10049; 124–10094–10050; 124– 104–10061–10173; 3; 4; 05/1997 104–10063–10227; 4; 6; 09/2006 10095–10174; 124–10097–10052; 124– 104–10061–10175; 4; 4; 05/1997 104–10063–10242; 1; 1; 09/2006 10100–10073; 124–10104–10195; 124– 104–10061–10176; 5; 4; 05/1997 104–10063–10248; 3; 5; 09/2006 10105–10250; 124–10108–10387; 124– 104–10061–10178; 3; 4; 05/1997 104–10063–10250; 3; 2; 09/2006 10110–10038; 124–10113–10009; 124– 104–10061–10179; 3; 4; 05/1997 104–10063–10254; 9; 8; 09/2006 10121–10024; 124–10123–10045; 124– 104–10061–10191; 7; 4; 05/1997 104–10063–10264; 6; 4; 05/1997 10123–10112; 124–10126–10409; 124– 104–10061–10192; 3; 4; 05/1997 104–10063–10265; 3; 3; 09/2006 10126–10437; 124–10129–10009; 124– 104–10061–10198; 3; 4; 05/1997 104–10063–10266; 5; 11; 05/1997 10129–10116; 124–10129–10148; 124– 104–10061–10203; 4; 4; 05/1997 104–10063–10268; 6; 7; 09/2006 10129–10167; 124–10129–10168; 124– 104–10061–10205; 4; 4; 05/1997 104–10063–10273; 2; 5; 05/1997 10129–10174; 124–10129–10194; 124– 104–10061–10206; 0; 1; 05/1997 104–10063–10274; 4; 17; 05/1997 10129–10299; 124–10129–10344; 124– 104–10061–10208; 15; 15; 12/1996 104–10063–10275; 0; 1; 10/2017 10130–10057; 124–10130–10117; 124– 104–10061–10209; 4; 4; 05/1997 104–10063–10277; 0; 3; 10/2017 10130–10161; 124–10130–10186; 124– 104–10061–10210; 4; 4; 12/1996 10130–10246; 124–10130–10260; 124– 104–10061–10211; 5; 3; 05/1997 USSS Documents: Postponed in Part 10130–10267; 124–10130–10284; 124– 104–10061–10216; 11; 1; 05/1997 154–10002–10415; 5; 2; 10/2017 10130–10286; 124–10130–10329; 124– 104–10061–10250; 1; 1; 09/2006 10130–10331; 124–10130–10356; 124– 104–10061–10259; 1; 4; 05/1997 HSCA Documents: Postponed in Part 10131–10051; 124–10131–10068; 124– 104–10061–10261; 4; 5; 12/1996 180–10071–10469; 0; 1; 10/2017 10131–10083; 124–10131–10085; 124– 104–10061–10263; 5; 4; 05/1997 180–10072–10276; 0; 5; 05/1997 10131–10122; 124–10131–10123; 124– 104–10061–10265; 4; 6; 12/1996 180–10072–10353; 0; 2; 05/1997 10131–10124; 124–10131–10125; 124– 104–10061–10268; 5; 4; 05/1997 180–10073–10072; 0; 2; 05/1997 10131–10127; 124–10131–10128; 124– 54414 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

10132–10002; 124–10132–10008; 124– 10070–10297; 180–10070–10304; 180– 10080–10397; 180–10080–10399; 180– 10137–10042; 124–10137–10047; 124– 10070–10309; 180–10070–10315; 180– 10080–10401; 180–10080–10409; 180– 10137–10053; 124–10137–10111; 124– 10070–10323; 180–10070–10347; 180– 10080–10410; 180–10080–10411; 180– 10140–10003; 124–10140–10042; 124– 10070–10349; 180–10070–10353; 180– 10080–10412; 180–10080–10421; 180– 10140–10069; 124–10140–10075; 124– 10070–10354; 180–10070–10358; 180– 10080–10422; 180–10080–10430; 180– 10140–10118; 124–10142–10049; 124– 10070–10376; 180–10070–10390; 180– 10080–10432; 180–10080–10436; 180– 10142–10226; 124–10142–10258; 124– 10070–10431; 180–10071–10060; 180– 10080–10453; 180–10080–10484; 180– 10142–10286; 124–10142–10291; 124– 10071–10071; 180–10071–10072; 180– 10081–10305; 180–10081–10326; 180– 10144–10245; 124–10144–10247; 124– 10071–10080; 180–10071–10092; 180– 10081–10332; 180–10081–10362; 180– 10144–10248; 124–10144–10253; 124– 10071–10093; 180–10071–10102; 180– 10081–10363; 180–10081–10369; 180– 10144–10255; 124–10144–10259; 124– 10071–10180; 180–10071–10182; 180– 10081–10370; 180–10081–10371; 180– 10144–10261; 124–10144–10262; 124– 10071–10201; 180–10071–10214; 180– 10081–10372; 180–10081–10373; 180– 10144–10265; 124–10144–10272; 124– 10071–10218; 180–10071–10221; 180– 10081–10374; 180–10081–10380; 180– 10144–10274; 124–10144–10276; 124– 10071–10285; 180–10071–10286; 180– 10081–10382; 180–10081–10384; 180– 10144–10277; 124–10144–10279; 124– 10071–10291; 180–10071–10341; 180– 10081–10385; 180–10081–10386; 180– 10144–10284; 124–10144–10285; 124– 10071–10394; 180–10071–10451; 180– 10081–10388; 180–10081–10389; 180– 10144–10288; 124–10144–10294; 124– 10072–10158; 180–10072–10164; 180– 10081–10390; 180–10081–10391; 180– 10144–10297; 124–10144–10302; 124– 10072–10171; 180–10072–10260; 180– 10081–10392; 180–10081–10393; 180– 10144–10303; 124–10144–10304; 124– 10073–10022; 180–10073–10029; 180– 10081–10394; 180–10081–10395; 180– 10144–10308; 124–10144–10309; 124– 10073–10030; 180–10073–10043; 180– 10081–10396; 180–10081–10399; 180– 10144–10312; 124–10144–10313; 124– 10073–10058; 180–10073–10096; 180– 10081–10441; 180–10081–10442; 180– 10144–10315; 124–10144–10316; 124– 10073–10100; 180–10073–10103; 180– 10081–10443; 180–10081–10444; 180– 10144–10317; 124–10144–10319; 124– 10073–10146; 180–10073–10147; 180– 10081–10445; 180–10081–10486; 180– 10144–10321; 124–10144–10324; 124– 10073–10171; 180–10073–10173; 180– 10081–10487; 180–10081–10490; 180– 10144–10327; 124–10144–10329; 124– 10073–10174; 180–10073–10175; 180– 10081–10491; 180–10081–10493; 180– 10144–10330; 124–10144–10331; 124– 10074–10001; 180–10074–10153; 180– 10081–10494; 180–10081–10495; 180– 10144–10334; 124–10144–10468; 124– 10074–10187; 180–10074–10212; 180– 10081–10496; 180–10081–10497; 180– 10144–10471; 124–10145–10297; 124– 10074–10310; 180–10074–10326; 180– 10081–10498; 180–10081–10499; 180– 10147–10046; 124–10147–10049; 124– 10074–10327; 180–10074–10391; 180– 10082–10070; 180–10082–10082; 180– 10147–10056; 124–10147–10067; 124– 10074–10420; 180–10074–10445; 180– 10082–10083; 180–10082–10147; 180– 10147–10076; 124–10147–10143; 124– 10074–10492; 180–10074–10493; 180– 10082–10208; 180–10082–10209; 180– 10147–10150; 124–10149–10042; 124– 10074–10494; 180–10074–10496; 180– 10082–10210; 180–10082–10226; 180– 10152–10014; 124–10152–10016; 124– 10075–10010; 180–10075–10047; 180– 10082–10244; 180–10082–10245; 180– 10155–10218; 124–10156–10135; 124– 10075–10091; 180–10075–10126; 180– 10082–10246; 180–10082–10323; 180– 10158–10004; 124–10158–10334; 124– 10075–10127; 180–10075–10129; 180– 10082–10357; 180–10082–10391; 180– 10160–10017; 124–10160–10064; 124– 10075–10152; 180–10075–10175; 180– 10082–10437; 180–10082–10438; 180– 10160–10072; 124–10160–10267; 124– 10075–10184; 180–10075–10188; 180– 10082–10440; 180–10082–10487; 180– 10163–10272; 124–10163–10273; 124– 10075–10189; 180–10075–10190; 180– 10083–10392; 180–10083–10393; 180– 10163–10275; 124–10163–10276; 124– 10075–10196; 180–10075–10208; 180– 10083–10396; 180–10083–10397; 180– 10163–10277; 124–10163–10289; 124– 10075–10209; 180–10075–10211; 180– 10083–10403; 180–10084–10022; 180– 10163–10298; 124–10163–10301; 124– 10075–10212; 180–10075–10219; 180– 10084–10169; 180–10084–10286; 180– 10163–10306; 124–10163–10308; 124– 10075–10220; 180–10075–10222; 180– 10084–10447; 180–10084–10481; 180– 10163–10314; 124–10163–10326; 124– 10075–10263; 180–10075–10264; 180– 10085–10094; 180–10085–10129; 180– 10163–10332; 124–10163–10333; 124– 10075–10284; 180–10076–10264; 180– 10085–10130; 180–10085–10132; 180– 10163–10338; 124–10163–10340; 124– 10076–10313; 180–10076–10334; 180– 10085–10133; 180–10085–10140; 180– 10163–10349; 124–10163–10350; 124– 10076–10353; 180–10076–10357; 180– 10085–10199; 180–10085–10456; 180– 10163–10351; 124–10163–10352; 124– 10076–10358; 180–10076–10399; 180– 10085–10457; 180–10085–10458; 180– 10163–10353; 124–10163–10354; 124– 10076–10400; 180–10076–10404; 180– 10086–10455; 180–10086–10456; 180– 10163–10355; 124–10163–10356. 10077–10113; 180–10077–10137; 180– 10086–10457; 180–10087–10122; 180– 10077–10156; 180–10077–10175; 180– 10087–10161; 180–10087–10361; 180– After consultation with appropriate 10077–10178; 180–10077–10191; 180– 10087–10383; 180–10087–10414; 180– Federal Agencies, the Review Board 10077–10222; 180–10077–10232; 180– 10088–10127; 180–10088–10128; 180– announces that the following United 10077–10264; 180–10077–10268; 180– 10088–10132; 180–10088–10135; 180– States Secret Service records are now 10077–10281; 180–10077–10286; 180– 10088–10140; 180–10088–10393; 180– being opened in full: 10077–10297; 180–10077–10408; 180– 10088–10418; 180–10088–10419; 180– 10077–10434; 180–10077–10435; 180– 10088–10420; 180–10088–10421; 180– 154–10002–10232; 154–10002–10257; 154– 10077–10436; 180–10077–10437; 180– 10088–10422; 180–10088–10423; 180– 10002–10297; 154–10002–10342; 154– 10077–10438; 180–10077–10439; 180– 10088–10424; 180–10088–10425; 180– 10002–10425. 10077–10440; 180–10077–10441; 180– 10088–10426; 180–10088–10427; 180– After consultation with appropriate 10077–10442; 180–10077–10443; 180– 10088–10428; 180–10088–10429; 180– Federal Agencies, the Review Board 10077–10444; 180–10078–10003; 180– 10088–10430; 180–10088–10431; 180– announces that the following House 10078–10005; 180–10078–10028; 180– 10088–10432; 180–10088–10433; 180– Select Committee on Assassination 10078–10044; 180–10078–10053; 180– 10088–10434; 180–10088–10435; 180– 10078–10059; 180–10078–10062; 180– 10088–10436; 180–10088–10437; 180– records are now being opened in full: 10078–10064; 180–10078–10065; 180– 10088–10438; 180–10088–10439; 180– 180–10065–10326; 180–10065–10337; 180– 10078–10066; 180–10078–10072; 180– 10088–10440; 180–10088–10441; 180– 10065–10437; 180–10065–10438; 180– 10078–10079; 180–10078–10128; 180– 10088–10442; 180–10088–10443; 180– 10066–10487; 180–10067–10294; 180– 10078–10202; 180–10078–10338; 180– 10088–10444; 180–10088–10445; 180– 10067–10297; 180–10067–10344; 180– 10078–10339; 180–10078–10340; 180– 10088–10446; 180–10088–10447; 180– 10067–10355; 180–10067–10356; 180– 10078–10355; 180–10078–10372; 180– 10088–10448; 180–10088–10449; 180– 10067–10357; 180–10067–10358; 180– 10078–10373; 180–10078–10374; 180– 10088–10450; 180–10088–10451; 180– 10067–10396; 180–10067–10435; 180– 10078–10375; 180–10078–10376; 180– 10088–10452; 180–10088–10453; 180– 10067–10441; 180–10067–10442; 180– 10078–10409; 180–10080–10208; 180– 10089–10009; 180–10089–10010; 180– 10067–10448; 180–10068–10492; 180– 10080–10263; 180–10080–10347; 180– 10089–10011; 180–10089–10012; 180– 10070–10232; 180–10070–10247; 180– 10080–10356; 180–10080–10363; 180– 10089–10368; 180–10089–10384; 180– 10070–10274; 180–10070–10296; 180– 10080–10375; 180–10080–10376; 180– 10089–10385; 180–10089–10434; 180– Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54415

10090–10010; 180–10090–10013; 180– 10098–10310; 180–10098–10336; 180– 10109–10338; 180–10109–10353; 180– 10090–10017; 180–10090–10079; 180– 10099–10073; 180–10099–10074; 180– 10109–10437; 180–10109–10481; 180– 10090–10084; 180–10091–10000; 180– 10099–10084; 180–10099–10093; 180– 10110–10010; 180–10110–10031; 180– 10091–10001; 180–10091–10002; 180– 10099–10096; 180–10099–10100; 180– 10111–10042; 180–10111–10072; 180– 10091–10004; 180–10091–10005; 180– 10099–10102; 180–10099–10104; 180– 10111–10074; 180–10111–10321; 180– 10091–10006; 180–10091–10007; 180– 10099–10106; 180–10099–10281; 180– 10111–10322; 180–10111–10323; 180– 10091–10008; 180–10091–10009; 180– 10099–10305; 180–10099–10327; 180– 10111–10338; 180–10111–10340; 180– 10091–10010; 180–10091–10011; 180– 10099–10345; 180–10099–10384; 180– 10112–10051; 180–10112–10083; 180– 10091–10015; 180–10091–10068; 180– 10099–10433; 180–10099–10466; 180– 10112–10093; 180–10112–10269; 180– 10091–10124; 180–10091–10125; 180– 10100–10078; 180–10100–10088; 180– 10112–10281; 180–10112–10293; 180– 10091–10235; 180–10091–10324; 180– 10100–10124; 180–10100–10220; 180– 10112–10297; 180–10112–10298; 180– 10091–10333; 180–10092–10187; 180– 10100–10221; 180–10101–10022; 180– 10112–10299; 180–10112–10305; 180– 10092–10188; 180–10092–10189; 180– 10101–10087; 180–10101–10088; 180– 10112–10337; 180–10112–10356; 180– 10092–10190; 180–10092–10191; 180– 10101–10125; 180–10101–10167; 180– 10092–10192; 180–10092–10193; 180– 10101–10169; 180–10101–10207; 180– 10112–10358; 180–10112–10405; 180– 10092–10194; 180–10092–10195; 180– 10101–10235; 180–10101–10243; 180– 10112–10423; 180–10112–10437; 180– 10092–10196; 180–10092–10197; 180– 10101–10246; 180–10101–10273; 180– 10112–10440; 180–10112–10448; 180– 10092–10198; 180–10092–10199; 180– 10101–10274; 180–10101–10275; 180– 10112–10449; 180–10112–10480; 180– 10092–10200; 180–10092–10201; 180– 10101–10340; 180–10101–10345; 180– 10112–10482; 180–10112–10485; 180– 10092–10202; 180–10092–10203; 180– 10101–10363; 180–10102–10270; 180– 10112–10494; 180–10113–10007; 180– 10092–10204; 180–10092–10205; 180– 10102–10328; 180–10102–10330; 180– 10113–10009; 180–10113–10010; 180– 10092–10206; 180–10092–10207; 180– 10102–10331; 180–10102–10333; 180– 10113–10431; 180–10113–10463; 180– 10092–10208; 180–10092–10209; 180– 10102–10334; 180–10102–10375; 180– 10113–10482; 180–10113–10488; 180– 10092–10210; 180–10092–10211; 180– 10102–10420; 180–10102–10421; 180– 10114–10068; 180–10114–10109; 180– 10092–10212; 180–10092–10213; 180– 10102–10422; 180–10102–10423; 180– 10114–10121; 180–10114–10138; 180– 10092–10214; 180–10092–10215; 180– 10102–10436; 180–10102–10445; 180– 10114–10239; 180–10115–10029; 180– 10092–10216; 180–10092–10217; 180– 10102–10446; 180–10102–10447; 180– 10115–10044; 180–10115–10045; 180– 10092–10218; 180–10092–10219; 180– 10102–10455; 180–10102–10461; 180– 10115–10046; 180–10115–10048; 180– 10092–10220; 180–10092–10221; 180– 10102–10475; 180–10103–10258; 180– 10115–10049; 180–10115–10050; 180– 10092–10222; 180–10092–10223; 180– 10103–10273; 180–10103–10302; 180– 10115–10051; 180–10115–10053; 180– 10092–10224; 180–10092–10225; 180– 10103–10337; 180–10103–10457; 180– 10115–10054; 180–10115–10055; 180– 10092–10226; 180–10092–10227; 180– 10103–10459; 180–10103–10478; 180– 10115–10056; 180–10115–10057; 180– 10092–10228; 180–10092–10229; 180– 10104–10227; 180–10104–10264; 180– 10115–10058; 180–10115–10059; 180– 10092–10230; 180–10092–10231; 180– 10104–10371; 180–10104–10395; 180– 10115–10061; 180–10115–10062; 180– 10092–10232; 180–10092–10233; 180– 10104–10397; 180–10104–10398; 180– 10115–10063; 180–10115–10064; 180– 10092–10234; 180–10092–10235; 180– 10104–10419; 180–10104–10420; 180– 10115–10068; 180–10115–10069; 180– 10092–10236; 180–10092–10237; 180– 10104–10428; 180–10104–10429; 180– 10115–10155; 180–10115–10156; 180– 10092–10238; 180–10092–10239; 180– 10104–10432; 180–10104–10442; 180– 10115–10224; 180–10115–10225; 180– 10092–10240; 180–10092–10241; 180– 10104–10459; 180–10104–10468; 180– 10115–10226; 180–10115–10227; 180– 10092–10243; 180–10092–10244; 180– 10104–10469; 180–10104–10470; 180– 10115–10228; 180–10115–10230; 180– 10092–10245; 180–10094–10217; 180– 10104–10484; 180–10104–10485; 180– 10115–10232; 180–10115–10237; 180– 10094–10218; 180–10094–10219; 180– 10104–10486; 180–10105–10001; 180– 10094–10237; 180–10094–10242; 180– 10105–10308; 180–10105–10309; 180– 10115–10238; 180–10115–10431; 180– 10094–10244; 180–10094–10245; 180– 10105–10342; 180–10105–10352; 180– 10116–10024; 180–10116–10161; 180– 10094–10246; 180–10094–10252; 180– 10105–10381; 180–10105–10413; 180– 10116–10202; 180–10116–10203; 180– 10094–10261; 180–10094–10262; 180– 10105–10461; 180–10105–10463; 180– 10117–10050; 180–10117–10053; 180– 10094–10263; 180–10094–10361; 180– 10105–10467; 180–10106–10028; 180– 10117–10093; 180–10117–10111; 180– 10094–10455; 180–10095–10141; 180– 10106–10036; 180–10106–10048; 180– 10117–10112; 180–10117–10122; 180– 10095–10142; 180–10095–10143; 180– 10106–10087; 180–10106–10192; 180– 10117–10129; 180–10117–10249; 180– 10095–10146; 180–10095–10149; 180– 10106–10366; 180–10106–10395; 180– 10118–10016; 180–10118–10049; 180– 10095–10150; 180–10095–10151; 180– 10106–10425; 180–10106–10429; 180– 10118–10051; 180–10118–10052; 180– 10095–10152; 180–10095–10153; 180– 10106–10447; 180–10106–10456; 180– 10118–10053; 180–10118–10111; 180– 10095–10154; 180–10095–10155; 180– 10107–10062; 180–10107–10169; 180– 10118–10134; 180–10119–10197; 180– 10095–10251; 180–10095–10261; 180– 10107–10231; 180–10107–10239; 180– 10119–10213; 180–10120–10009; 180– 10095–10263; 180–10095–10264; 180– 10107–10244; 180–10107–10278; 180– 10120–10011; 180–10120–10012; 180– 10095–10284; 180–10095–10308; 180– 10107–10453; 180–10108–10022; 180– 10120–10015; 180–10120–10024; 180– 10095–10392; 180–10095–10395; 180– 10108–10055; 180–10108–10056; 180– 10120–10040; 180–10120–10055; 180– 10095–10405; 180–10095–10410; 180– 10108–10057; 180–10108–10064; 180– 10120–10123; 180–10120–10124; 180– 10095–10420; 180–10096–10019; 180– 10108–10065; 180–10108–10066; 180– 10120–10127; 180–10120–10130; 180– 10096–10059; 180–10096–10097; 180– 10108–10076; 180–10108–10077; 180– 10121–10021; 180–10128–10001; 180– 10096–10098; 180–10096–10251; 180– 10108–10088; 180–10108–10116; 180– 10131–10131. 10096–10264; 180–10096–10265; 180– 10108–10180; 180–10108–10195; 180– 10096–10283; 180–10096–10372; 180– 10108–10198; 180–10108–10201; 180– Notice of Additional Releases 10096–10373; 180–10096–10376; 180– 10108–10204; 180–10108–10221; 180– 10096–10381; 180–10096–10436; 180– 10108–10233; 180–10108–10234; 180– It is the Board’s policy to release 10096–10443; 180–10097–10026; 180– 10108–10235; 180–10108–10236; 180– duplicates of records on the same terms 10097–10168; 180–10097–10228; 180– 10108–10237; 180–10108–10254; 180– and conditions as those records which 10097–10229; 180–10097–10242; 180– 10108–10255; 180–10108–10257; 180– it previously voted. The following 10097–10243; 180–10097–10244; 180– 10108–10274; 180–10108–10275; 180– determinations are noticed pursuant to 10097–10245; 180–10097–10246; 180– 10108–10328; 180–10109–10019; 180– that policy: 10097–10294; 180–10097–10353; 180– 10109–10056; 180–10109–10057; 180– 10097–10354; 180–10097–10373; 180– 10109–10058; 180–10109–10059; 180– FBI Documents, Open in Full: 10097–10400; 180–10097–10415; 180– 10109–10060; 180–10109–10061; 180– 124–10268–10155; 28; 0; n/a 10098–10281; 180–10098–10282; 180– 10109–10140; 180–10109–10141; 180– 10098–10285; 180–10098–10307; 180– 10109–10284; 180–10109–10288; 180– FBI Documents, Postponed in Part: 10098–10308; 180–10098–10309; 180– 10109–10313; 180–10109–10319; 180– 124–10073–10299; 4; 1; 10/2017 54416 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Notice of Corrections published in the June 21, 1996 Federal 31917). For that notice make the On June 5, 1996, the Review Board Register (FR Doc. 96–15835, 61 FR following corrections: made formal determinations that were

Record No. Previously published Correct data

104±10006±10229 ...... 3; 2; 06/2006 ...... 3; 3; 06/2006. 104±10013±10397 ...... 10; 7; 05/1997 ...... 10; 8; 05/1997. 104±10013±10004 ...... 915; 60; 12/1996 ...... 915; 62; 12/1996. 104±10014±10046 ...... 915; 60; 12/1996 ...... 915; 62; 12/1996. 104±10015±10008 ...... 915; 60; 12/1996 ...... 915; 62; 12/1996. 104±10086±10001 ...... 915; 60; 12/1996 ...... 915; 62; 12/1996.

In the August 26, 1996 Federal Record No. Correct data Review Board regarding one document Register (FR Doc. 96–21620, 61 FR that previously had been the subject of 43730), the Review Board published 124±10035±10024 .... 6; 6; 09/2006. Review Board determinations. Upon Additional Openings in Full. For that Receiving and evaluating this additional notice make the following correction: Notice of Reconsideration evidence, the Review Board voted to sustain postponements as follows: From On September 27, 1996, the CIA the original Federal Register Notice 96– provided additional evidence to the 21620, 61 FR 43730:

No. original No. revised Date of re- Record No. No. original postpone- No. revised postpone- vised releases ments releases ments re-review

180±10131±10330 ...... 41 40 41 44 05/1997

Dated: October 11, 1996. After consideration of the material Accordingly, the following T. Jeremy Gunn, presented to it concerning capability of commodities and services are hereby General Counsel and Associate Director for qualified nonprofit agencies to provide added to the Procurement List: Research and Analysis. the commodities and services and Commodities [FR Doc. 96–26742 Filed 10–17–96; 8:45 am] impact of the additions on the current BILLING CODE 6118±01±P or most recent contractors, the Cleaning and Degreasing Compounds Committee has determined that the 6850–01–430–7134 commodities and services listed below 6850–01–430–7135 COMMITTEE FOR PURCHASE FROM are suitable for procurement by the 6850–01–430–7137 6850–01–430–7138 PEOPLE WHO ARE BLIND OR Federal Government under 41 U.S.C. 6850–01–430–7139 SEVERELY DISABLED 46–48c and 41 CFR 51–2.4. I certify that the following action will 6850–01–430–7140 Compact Disc, Recordable Procurement List Additions not have a significant impact on a 7045–01–429–3462 substantial number of small entities. AGENCY: Committee for Purchase From (Requirements for the Department of The major factors considered for this People Who Are Blind or Severely Defense) Disabled. certification were: Services ACTION: Additions to the Procurement 1. The action will not result in any List. additional reporting, recordkeeping or Disposal Support Services, Naval Air Station, other compliance requirements for small Pensacola, Florida SUMMARY: This action adds to the entities other than the small Disposal Support Services, Defense Procurement List commodities and organizations that will furnish the Reutilization and Marketing Office, services to be furnished by nonprofit commodities and services to the Agana, Guam agencies employing persons who are Government. Janitorial/Custodial, Biscayne National Park, blind or have other severe disabilities. Dade County, Florida 2. The action does not appear to have Janitorial/Custodial, New Bedford Primary EFFECTIVE DATE: November 18, 1996. a severe economic impact on current Care Clinic, 175 Elm Street, New ADDRESSES: Committee for Purchase contractors for the commodities and Bedford, Massachusetts From People Who Are Blind or Severely services. Order Processing Service, Federal Prison Disabled, Crystal Square 3, Suite 403, 3. The action will result in Industries, Lexington, Kentucky 1735 Jefferson Davis Highway, authorizing small entities to furnish the Arlington, Virginia 22202–3461. commodities and services to the This action does not affect current FOR FURTHER INFORMATION CONTACT: Government. contracts awarded prior to the effective Beverly Milkman (703) 603–7740. 4. There are no known regulatory date of this addition or options that may SUPPLEMENTARY INFORMATION: On August alternatives which would accomplish be exercised under those contracts. 23 and 30, 1996, the Committee for the objectives of the Javits-Wagner- Beverly L. Milkman, Purchase From People Who Are Blind O’Day Act (41 U.S.C. 46–48c) in Executive Director. or Severely Disabled published notices connection with the commodities and [FR Doc. 96–26807 Filed 10–17–96; 8:45 am] (61 F.R. 43523 and 45935) of proposed services proposed for addition to the BILLING CODE 6353±01±P additions to the Procurement List. Procurement List. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54417

Procurement List; Proposed Additions services proposed for addition to the Services and Deletions Procurement List. Food Service Attendant, for the following Comments on this certification are locations: AGENCY: Committee for Purchase From invited. Commenters should identify the Missouri Air National Guard, 10800 Lambert People Who Are Blind or Severely statement(s) underlying the certification International Boulevard, Bridgeton, Disabled. Missouri on which they are providing additional Jefferson Barracks and Base, Building 280, #1 ACTION: Proposed additions to and information. deletions from Procurement List. Grant Road, St. Louis, Missouri The following commodity and Beverly L. Milkman, SUMMARY: The Committee has received services have been proposed for Executive Director. proposals to add to the Procurement List addition to Procurement List for [FR Doc. 96–26808 Filed 10–17–96; 8:45 am] production by the nonprofit agencies a commodity and services to be BILLING CODE 6353±01±P furnished by nonprofit agencies listed: employing persons who are blind or Commodity have other severe disabilities, and to Tow Pin COMMISSION ON CIVIL RIGHTS delete commodities and a service 3910–01–000–3015 previously furnished by such agencies. NPA: Rauch Rehabilitation & Developmental Agenda and Notice of Public Meeting COMMENTS MUST BE RECEIVED ON OR Services, Inc. New Albany, Indiana of the South Dakota Advisory BEFORE: November 18, 1996. Services Committee ADDRESSES: Committee for Purchase Administrative Services, Defense Notice is hereby given, pursuant to From People Who Are Blind or Severely Reutilization & Marketing Office, the provisions of the rules and Disabled, Crystal Square 3, Suite 403, Building 4291, Fort Hood, Texas regulations of the U.S. Commission on 1735 Jefferson Davis Highway, NPA: Heart of Texas Goodwill Industries, Civil Rights, that a meeting of the South Arlington, Virginia 22202–3461. Waco, Texas Dakota Advisory Committee to the FOR FURTHER INFORMATION CONTACT: Janitorial/Custodial Commission will convene at 1:30 p.m. Beverly Milkman (703) 603–7740. NEXCEN Pearl Harbor, Pearl Harbor, Hawaii and adjourn at 3:30 p.m. on November SUPPLEMENTARY INFORMATION: This NPA: Opportunities for the Retarded, Inc., 8, 1996, at the Radisson Encore Inn, notice is published pursuant to 41 Wahiawa, Hawaii 4300 Empire Place, Sioux Falls, South Dakota 57106. The purpose of the U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Medical Transcription purpose is to provide interested persons meeting is to plan future program an opportunity to submit comments on Naval Hospital, Corpus Christi, Texas activities. NPA: Association for the Blind, Inc., Persons desiring additional the possible impact of the proposed Charleston, South Carolina actions. information, or planning a presentation Deletions to the Committee, should contact Additions Committee Chairperson Jonathan Van If the Committee approves the I certify that the following action will Patten, 605–677–5361, or John Dulles, proposed additions, all entities of the not have a significant impact on a Director of the Rocky Mountain Federal Government (except as substantial number of small entities. Regional Office, 303–866–1400 (TDD otherwise indicated) will be required to The major factors considered for this 303–866–1049). Hearing impaired procure the commodity and services certification were: persons who will attend the meeting listed below from nonprofit agencies 1. The action will not result in any and require the services of a sign employing persons who are blind or additional reporting, recordkeeping or language interpreter should contact the have other severe disabilities. other compliance requirements for small Regional Office at least five (5) working I certify that the following action will entities. days before the scheduled date of the not have a significant impact on a 2. The action does not appear to have meeting. substantial number of small entities. a severe economic impact on future The meeting will be conducted The major factors considered for this contractors for the commodities and pursuant to the provisions of the rules certification were: service. and regulations of the Commission. 1. The action will not result in any 3. The action will result in Dated at Washington, DC, October 8, 1996. additional reporting, recordkeeping or authorizing small entities to furnish the Carol-Lee Hurley, other compliance requirements for small commodities and service to the Chief, Regional Programs Coordination Unit. entities other than the small Government. [FR Doc. 96–26794 Filed 10–17–96; 8:45 am] organizations that will furnish the 4. There are no known regulatory commodity and services to the BILLING CODE 6335±01±M alternatives which would accomplish Government. the objectives of the Javits-Wagner- 2. The action does not appear to have O’Day Act (41 U.S.C. 46–48c) in Agenda and Notice of Public Meeting a severe economic impact on current connection with the commodities and of the New Mexico Advisory contractors for the commodity and service proposed for deletion from the Committee services. Procurement List. 3. The action will result in Notice is hereby given, pursuant to authorizing small entities to furnish the The following commodities and the provisions of the rules and commodity and services to the service have been proposed for deletion regulations of the U.S. Commission on Government. from the Procurement List: Civil Rights, that a meeting of the New 4. There are no known regulatory Commodities Mexico Advisory Committee to the alternatives which would accomplish Eraser, Blackboard Commission will convene at 9:00 a.m. the objectives of the Javits-Wagner- 7510–00–244–9145 and adjourn at 12:00 p.m. on November O’Day Act (41 U.S.C. 46–48c) in Cleaner, Tobacco Pipe 2, 1996, at the Double Tree Hotel— connection with the commodity and 9920–00–292–9946 Albuquerque, 201 Marquette, N.W., 54418 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Albuquerque, New Mexico 87102. The DEPARTMENT OF COMMERCE International, Inc., 1300 Patricia Drive, purpose of the meeting is to review #1403, San Antonio, Texas 78213, and current civil rights developments in the Bureau of Export Administration all of its successors or assigns, and all State and plan future program activities. of its officers, representatives, agents, Action Affecting Export Privileges; Persons desiring additional and employees when acting for or on Rodco International, Inc. behalf of Rodco, may not, directly or information, or planning a presentation indirectly, participate in any way in any to the Committee, should contact In the Matter of: Rodco International, Inc., #1403, transaction involving any commodity, Committee Chairperson Lynda B. Eaton, 1300 Patricia Drive San Antonio, Texas 78213, Respondent. software or technology (hereinafter 505–326–4338, or Philip Montez, collectively referred to as ‘‘item’’) Director of the Western Regional Office, Order exported or to be exported from the 213–894–3437 (TDD 213–894–3435). The Office of Export Enforcement, United States that is subject to the Hearing-impaired persons who will Bureau of Export Administration, Regulations, or in any other activity attend the meeting and require the United States Department of Commerce subject to the Regulations, including, services of a sign language interpreter (BXA), having notified Rodco but not limited to: should contact the Regional Office at International, Inc. (Rodco) of its A. Applying for, obtaining, or using least five (5) working days before the intention to initiate an administrative any license,3 License Exception, or scheduled date of the meeting. proceeding against it pursuant to export control document; The meeting will be conducted Section 13(c) of the Export B. Carrying on negotiations pursuant to the provisions of the rules Administration Act of 1979, as amended concerning, or ordering, buying, and regulations of the Commission. (50 U.S.C.A. app. 2401–2420 (1991 & receiving, using, selling, delivering, Supp. 1996)) (the Act),1 and the Export storing, disposing of, forwarding, Dated at Washington, DC, October 7, 1996. Administration Regulations (currently transporting, financing, or otherwise Carol-Lee Hurley, codified at 15 C.F.R. Parts 768–799 servicing in any way, any transaction Chief, Regional Programs Coordination Unit. (1996), as amended (61 FR 12714 involving any item exported or to be [FR Doc. 96–26793 Filed 10–17–96; 8:45 am] (March 25, 1996)) (the Regulations),2 exported from the United States that is subject to the Regulations, or in any BILLING CODE 6335±01±M based on allegations that, between on or about June 12, 1992 and on or about other activity subject to the Regulations; December 3, 1993, Rodco exported U.S.- or origin chemicals from the United States C. Benefiting in any way from any CIVIL RIGHTS COMMISSION to Mexico on 11 separate occasions transaction involving any item exported without obtaining the validated licenses or to be exported from the United States Sunshine Act Meeting required by Section 772.1(b) of the that is subject to the Regulations, or in Regulations; and any other activity subject to the AGENCY: U.S. Commission on Civil BXA and Rodco having entered into a Regulations. Rights. Settlement Agreement pursuant to Third, that no person may, directly or Section 766.18(a) of the Regulations indirectly, do any of the following: DATE AND TIME: Friday, October 25, 1996, whereby they agreed to settle this matter A. Export or reexport to or on behalf 9:30 a.m. in accordance with the terms and of the denied person any item subject to the Regulations; PLACE: U.S. Commission on Civil Rights, conditions set forth therein, and the B. Take any action that facilitates the 624 Ninth Street, NW, Room 540, terms of the Settlement Agreement acquisition or attempted acquisition by Washington, DC 20425. having been approved by me; It Is Therefore Ordered the denied person of the ownership, Status: First, that a civil penalty of $110,000 possession, or control of any item subject to the Regulations that has been Agenda is assessed against Rodco, which shall be suspended in its entirely for a period or will be exported from the United I. Approval of Agenda of one year from the date of entry of this States, including financing or other II. Approval of Minutes of September Order. Payment shall thereafter be support activities related to a Meeting waived, provided that, during the transaction whereby the denied person III. Announcements period of suspension, Rodco has acquires or attempts to acquire such IV. Staff Director’s Report committed no violation of the Act, or ownership, possession or control; V. Project Planning—FY 1997 and FY 1998 any regulation, order, or license issued C. Take any action to acquire from or VI. State Advisory Committee Report thereunder. to facilitate the acquisition or attempted ‘‘Federal Immigration Law Enforcement in acquisition from the denied person of the Southwest: Civil Rights Impacts on Second, that for a period of two years from the date of this Order, Rodco any item subject to the Regulations that Border Communities’’ has been exported from the United VII. Future Agenda Items 1 The Act expired on August 20, 1994. Executive States; CONTACT PERSON FOR FURTHER Order 12924 (3 C.F.R., 1994 Comp. 917 (1995)), D. Obtain from the denied person in extended by Presidential Notice of August 15, 1995 the United States any item subject to the INFORMATION: Barbara Brooks, Press and (60 FR 42767, August 17, 1995), and extended again Regulations with knowledge or reason Communications (202) 376–8312. on August 14, 1996 (61 FR 42527, August 15, 1996), continued the Regulations in effect under the to know that the item will be, or is Dated: October 16, 1996. International Emergency Economic Powers Act (50 intended to be, exported from the Miguel A. Sapp, U.S.C.A. 1701–1706 (1991 & Supp. 1996)). United States; or 2 The March 25, 1996 Federal Register E. Engage in any transaction to service Parliamentarian. publication redesignated, but did not republish, the [FR Doc. 96–26948 Filed 10–16–96; 3:02 pm] existing Regulations as 15 C.F.R. Parts 768A–799A. any item subject to the Regulations that In addition, the March 25 Federal Register BILLING CODE 6355±01±M publication restructured and reorganized the 3 For purposes of this Order, ‘‘license’’ includes Regulations, designating them as an interim rule at any general license established in 15 C.F.R. Parts 15 C.F.R. Parts 730–774, effective April 24, 1996. 768A–799A. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54419 has been or will be exported from the ADDRESSES: This meeting will be held at meeting of its Vessel Monitoring United States and that is owned, the Danfords Inn, 25 E. Broadway, Port Systems (VMS) Committee. possessed or controlled by the denied Jefferson, NY 11777; telephone: 516– DATES: The meeting will be held on person, or service any item, of whatever 928–5200. November 1, 1996, from 8:00 a.m. to origin, that is owned, possessed or Council address: Mid-Atlantic Fishery 12:00 p.m. controlled by the denied person if such Management Council, 300 S. New ADDRESSES: The meeting will be held at service involves the use of any item Street, Dover, DE 19901; telephone: the Hawaii Maritime Center, Pier 7, subject to the Regulations that has been 302–674–2331. Honolulu Harbor, Pacific Room, or will be exported from the United FOR FURTHER INFORMATION CONTACT: Honolulu, HI; telephone: (808) 523– States. For purposes of this paragraph, David R. Keifer, Executive Director; 6151. servicing means installation, telephone: 302–674–2331. Council address: Western Pacific maintenance, repair, modification or SUPPLEMENTARY INFORMATION: On Fishery Management Council, 1164 testing. October 29, the Executive Committee Bishop St., Suite 1405, Honolulu, HI Fourth, that, after notice and will meet from 8:00 a.m. until 2:30 p.m. 96813. opportunity for comment as provided in The Large Pelagics Committee will meet FOR FURTHER INFORMATION CONTACT: § 766.23 of the Regulations, any person, from 2:30 p.m. until 5:00 p.m. On Kitty M. Simonds, Executive Director; firm, corporation, or business October 30, the Council will meet from telephone: 808–522–8220. organization related to the denied 8:00 a.m. until 3:30 p.m. The Law SUPPLEMENTARY INFORMATION: The VMS person by affiliation, ownership, Enforcement Committee will meet from control, or position of responsibility in committee will hold a meeting to 3:30 p.m. until 5:00 p.m. On October 31, discuss and formulate recommendations the conduct of trade or related services the Council will meet from 8:00 a.m. may also be made subject to the for the Council to consider at its 91st until approximately 2:00 p.m. meeting to be held on November 18–21, provisions of this Order. The purpose of this meeting is to Fifth, that this Order does not prohibit 1996. The VMS committee plans to discuss the 1997 budget and the any export, reexport, or other discuss the upcoming conclusion of the Council’s program for future years, transaction subject to the Regulations 3-year Hawaii longline VMS program, review catch statistics and the Shark where the only items involved that are mandatory VMS for the Northwestern Operations Team report, consider subject to the Regulations are the Hawaiian Island lobster fishery, VMS enforcement regulations for filleting of foreign-produced direct product of U.S.- for foreign vessels entering U.S. ports, fish at sea, possible adoption of the origin technology. VMS as a tool for data reporting, and Monkfish Fishery Management Plan for Sixth, that the proposed Charging consider other business as required. public hearings, review report of the Letter, the Settlement Agreement, and October 24th Squid, Mackerel, and Special Accommodations this Order shall be made available to the Butterfish Committee meeting, and public. A copy of this Order shall be This meeting is physically accessible other fishery management matters. published in the Federal Register. to people with disabilities. Requests for It is expected that Congressman This Order, which constitutes the sign language interpretation or other Michael Forbes will meet with the final agency action in this matter, is auxiliary aids should be directed to Council sometime during the October effective immediately. Kitty M. Simonds, 808–522–8220 30th session. (voice) or 808–522–8226 (fax), at least 5 Entered this 9th day of October 1996. days prior to meeting date. Frank W. Deliberti, Special Accommodations Dated: October 10, 1996. Acting Assistant Secretary for Export This meeting is physically accessible Bruce Morehead, Enforcement. to people with disabilities. Requests for Acting Director, Office of Sustainable [FR Doc. 96–26739 Filed 10–17–96; 8:45 am] sign language interpretation or other Fisheries, National Marine Fisheries Service. BILLING CODE 3510±DT±M auxiliary aids should be directed to Joanna Davis at the Council (see [FR Doc. 96–26681 Filed 10–17–96; 8:45 am] ADDRESSES) at least 5 days prior to the BILLING CODE 3510±22±F National Oceanic and Atmospheric meeting dates. Administration Dated: October 10, 1996. DEPARTMENT OF DEFENSE [I.D. 100896A] Bruce Morehead, Acting Director, Office of Sustainable Department of the Army Mid-Atlantic Fishery Management Fisheries, National Marine Fisheries Service. Council; Meetings [FR Doc. 96–26680 Filed 10–17–96; 8:45 am] Proposed Collection; Comment Request AGENCY: National Marine Fisheries BILLING CODE 3510±22±F Service (NMFS), National Oceanic and AGENCY: Director of Information Atmospheric Administration (NOAA), Systems for Command, Control, [I.D. 100996E] Commerce. Communications, and Computers ACTION: Notice of public meetings. Western Pacific Fishery Management (DISC4), U.S. Army, DoD. ACTION: Notice. SUMMARY: The Mid-Atlantic Fishery Council; Public Meeting Management Council (Council) and its AGENCY: National Marine Fisheries In compliance with Section Executive Committee, Large Pelagic Service (NMFS), National Oceanic and 3506(c)(2)(A) of the Paperwork Committee, and Law Enforcement Atmospheric Administration (NOAA), Reduction Act of 1995, the Department Committee will hold public meetings. Commerce. of the Army announces a proposed DATES: The meeting will be held on ACTION: Notice of public meeting. public information collection and seeks October 29–31, 1996. See public comment on the provisions SUPPLEMENTARY INFORMATION for specific SUMMARY: The Western Pacific Fishery thereof. Comments are invited on: (a) dates and times. Management Council will hold a Whether the proposed collection of 54420 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices information is necessary for the proper determine if issuance of a permit will Needs and Uses: The information performance of the functions of the damage environment or impact other obtained through this study will be used agency, including whether the property. Respondents are private by the Army to provide insights into the information shall have practical utility; landowners, businesses, non-profit Delayed Entry Program. The Army will (b) the accuracy of the agency’s estimate organizations and government. The use this information to develop of the burden of the proposed application is a renewal of a previously strategies specifically designed for DEP information collection; (c) ways to authorized application approved in participants to reduce the number of enhance the quality, utility, and clarity 1993. individuals dropping out of the DEP. of the information to be collected; and Gregory D. Showalter, Affected Public: Individuals or (d) ways to minimize the burden of the Army Federal Register Liaison Officer. households. Annual Burden Hours: 487. information collection on respondents, [FR Doc. 96–26790 Filed 10–17–96; 8:45 am] including through the use of automated Number of Respondents: 1105. BILLING CODE 3710±08±M collection techniques or other forms of Responses per Respondent: 1. information technology. Average Burden per Response: 21 minutes. DATES: Consideration will be given to all Proposed Collection; Comment Frequency: On occasion. comments received by December 17, Request SUPPLEMENTARY INFORMATION: 1996. DEP losses AGENCY: Director of Information are a problem because it costs the Army ADDRESSES: Written comments and Systems for Command, Control, millions of dollars each year. This recommendations on the proposed Communications, and Computers survey effort supports the Army information collection should be sent to (DISC4), U.S. Army, Defense Enlisted Attrition Study (AFAS) by HQ US Army Corps of Engineers, Department. providing information regarding why Directorate of Civil Works Operations ACTION: Notice. contracted applicants don’t enlist in the Division, Regulatory Branch, 20 Army. This data will be used to design Massachusetts Avenue, NW, Pulaski In compliance with Section strategies to reduce DEP loss rate. Building, Washington, DC, 20314–1000, 3506(c)(2)(A) of the Paperwork Gregory D. Showalter, ATTN: CECW–OR (FRANK R. Reduction Act of 1995, the Department TORBETT). Army Federal Register Liaison Officer. of the Army announces a proposed [FR Doc. 96–26791 Filed 10–17–96; 8:45 am] Consideration will be given to all public information collection and seeks BILLING CODE 3710±08±M comments received within 60 days of public comment on the provisions the date of publication of this notice. thereof. Comments are invited on: (a) FOR FURTHER INFORMATION CONTACT: Whether the proposed collection of Environmental Assessment and To request more information on this information is necessary for the proper Finding of No Significant Impact (FNSI) proposed information collection or to performance of the functions of the for Disposal and Reuse of Defense obtain a copy of the proposal and agency, including whether the Personnel Support Center, associated collection instruments, information shall have practical utility; Philadelphia, Pennsylvania please write to the above address, or call (b) the accuracy of the agency’s estimate Department of the Army Reports of the burden of the proposed AGENCY: Department of the Army, DoD. clearance officer at (703) 614–0454. information collection; (c) ways to ACTION: Notice of availability. Title: Application for a Department of enhance the quality, utility, and clarity SUMMARY: the Army Permit. of the information to be collected; and The proposed action analyzed Needs and Uses: Information is used (d) ways to minimize the burden of the by this document is the disposal and to evaluate applications for permits to information collection on respondents, reuse of the Defense Personnel Support conduct work in navigable waters under including through the use of automated Center (DPSC), Philadelphia, Sections 9 and 10 of the Rivers and collection techniques or other forms of Pennsylvania. The Defense Base Closure Harbors Act; permits for the discharge information technology. and Realignment Act of 1990, Public or dredged or fill material into waters of Law 101–510, required the closing of the United States under Section 404 of DATES: Consideration will be given to all DPSC and the realignment of essential the Clean Water Act; and permits for the comments received by December 17, missions to other installations. The transportation of dredged or fill material 1996. purpose of the Environmental for the purpose of ocean disposal under ADDRESSES: Written comments and Assessment (EA) is to identify and Section 103 of the Marine Protection, recommendations on the proposed evaluate the anticipated effects of Research, and, Sanctuaries Act (Ocean information collection should be sent to disposal by the Army and reuse of DPSC Dumping Act). Training and Doctrine Analysis by non-Army entities. Affected Public: Individuals or Command, Fort Lee, Virginia 23801– The EA studied in detail three households; Business or other for-profit; 6140, ATTN: ATRC–LP (Martin R. possible alternatives for complying with Not-for-profit institutions; Farms; Walker). Consideration will be given to the recommendation to dispose of DPSC Federal Government; State, Local or all comments received within 60 days of made by the Defense Secretary’s Tribal Government. the date of publication of this notice. Commission on Base Realignment and Annual Burden Hours: 77,500. FOR FURTHER INFORMATION CONTACT: Closure. These alternatives included: no Number of Respondents: 15,500. To request more information on this action; encumbered disposal in which Responses Per Respondent: 1. proposed information collection or to the Army would identify and impose Average Burden Per Response: 5 obtain a copy of the proposal and reuse constraints on future owners; and hours. associated collection instruments, unencumbered disposal where potential Frequency: On occasion. please write to the above address, or call encumbrances would be identified and SUPPLEMENTARY INFORMATION: Department of the Army Reports removed by the Army prior to disposal Information collected describes clearance officer at (703) 614–0454. of the property. The EA found that proposed construction or filling in U.S. Title: Survey of Delayed Entry encumbered disposal of DPSC is the waters. Projects are evaluated to Program (DEP) Participants. most desirable course of action to Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54421 comply with the Commission Engineers, ATTN: Mr. Jerry Jones, at evaluated in the PEIS are invited. recommendation. Encumbered disposal (334) 690–2725. Comments should be provided by of the site would also allow the Army Raymond J. Fatz, February 28, 1997, to ensure to return surplus capacity to public or Deputy Assistant Secretary of the Army, consideration. Comments received after private use. (Environment, Safety and Occupational this date will be considered to the However, encumbered disposal of the Health) OASA (I, L&E). extent practicable. DPSC would result in the Army [FR Doc. 96–26774 Filed 10–17–96; 8:45 am] To facilitate public participation and imposing reuse constraints on future BILLING CODE 3710±08±M comment on the proposed scope of the owners. For example, special easements PEIS, the Army will hold five regional would be required to maintain access to public scoping meetings in the vicinity Programmatic Environmental Impact of Tampa, Florida; Newport, Indiana; groundwater-monitoring wells, access Statement: Destruction of Non- for testing and inspection for Huntsville, Alabama; Salt Lake City, Stockpile Chemical Warfare Materiel Utah; and San Antonio, Texas. The environmental remediation, and access Containing Chemical Agent specific dates, times, and locations of to conduct maintenance on parcels not these meetings will be announced in a yet disposed. In addition, special-use AGENCY: Department of the Army, separate Federal Register notice, by restrictions would prohibit entry into or Department of Defense. letter, and in appropriate news media. interference with remedial operation ACTION: Notice of Intent. Repositories containing information on and maintenance facilities or may SUMMARY: The Department of the Army the NSCM Program and the PEIS will be permanently restrict certain uses of the announces its intent to prepare a established at these and other locations property. Finally, property sale or Programmatic Environmental Impact and will be identified in local media transfer covenants may require a new Statement (PEIS) on the destruction of announcements. owner to maintain significant historic chemical warfare materiel (CWM) buildings. ADDRESSES: Written comments on the containing chemical agent and to scope of the PEIS should be sent to Additional constraints may be initiate the public scoping process for Program Manager for Chemical identified during future investigations the PEIS. The PEIS is being prepared in Demilitarization, ATTN: SFAE–CD–NP of the property. These constraints would accordance with the National (Mr. Dragunas/PEIS), Aberdeen Proving be identified and imposed by the Army Environmental Policy Act (NEPA), as Ground, Maryland 21010–5401. at the time of deed transfer. Currently, amended. Comments on the scope of the PEIS may the facility is in compliance with all The U. S. Army’s Program Manager also be made by calling the toll-free applicable federal environmental for Chemical Demilitarization has the telephone number 1–800–410–9901. statutes and executive orders. responsibility for the destruction of the FOR FURTHER INFORMATION CONTACT: nation’s chemical warfare materiel. The The unencumbered alternative Program Manager for Chemical involves transfer without constraints Program Manager has established project managers to accomplish this Demilitarization, ATTN: SFAE–CD–NP such as easements or mitigation (Mr. Dragunas/PEIS), Aberdeen Proving measures. Under this method of goal. The Project Manager for Chemical Stockpile Disposal is responsible for Ground, Maryland 21010–5401. disposal, the Army would remove any Requests for further information may constraints that could feasibly be destroying the stockpile of unitary chemical weapons in the Department of also be made by calling the above listed removed before the transfer occurs. The toll-free telephone number. removal of encumbrances before transfer Defense/Department of Army inventory could be costly and delay transfer. (called stockpile). The PEIS for SUPPLEMENTARY INFORMATION: destroying the stockpile materiel was Implementation of the no-action completed in 1988, and the destruction Background alternative would perpetuate program is in progress at two The Convention on the Prohibition of maintenance costs incurred by the Army locations—Johnston Island in the Pacific the Development, Production, by requiring the Army to retain the and Tooele, Utah. The Project Manager Stockpiling, and Use of the Chemical property. Additionally, no remedial for Non-Stockpile Chemical Materiel Weapons and on Their Destruction, or actions would be taken for known (NSCM) analysis include: (1) on-site Chemical Weapons Convention (CWC), contaminants on the site. chemical treatment of CWM with off- requires the destruction of all CWM. The EA results in a Finding of No site destruction of the resultant wastes The U.S. Army, as Executive Agent for Significant Impact (FNSI); therefore, an either by thermal destruction or another the Department of Defense, is Environmental Impact Statement (EIS) disposal method; (2) on-site chemical responsible for ensuring that NSCM is is not required for encumbered disposal treatment and on-site destruction/ destroyed in a safe, environmentally of the DPSC. disposal of chemical treatment wastes sound and cost-effective manner. The (3) on-site thermal destruction; (4) off- U.S. and over 150 nations signed the DATES: Comments must be received on site chemical treatment and/or thermal CWC on January 13, 1993, and they and or before November 18, 1996. destruction or another disposal method; the U.S. are working towards ADDRESSES: Persons wishing to and (5) no action, which is defined as ratification. comment may obtain a copy of the EA a continuation of the current methods Buried CWM can be dated back to or inquire regarding the FNSI by writing for handling these types of CWM, World War I. The practice of burying to Mr. Jerry Jones, U.S. Army Corps of including safely packing, shipping and leaking or obsolete CWM in the past was Engineers, ATTN: CESAM–PD–EI, 109 storing CWM at permitted locations. an acceptable method of disposal. Often St. Joseph Street, P.O. Box 2288, Mobile, DATES: Written and oral comments on burial was accompanied by draining Alabama 36628–0001. alternative strategies and their and decontamination. Therefore, the components (treatment, storage, CWM is responsible for destroying all FOR FURTHER INFORMATION CONTACT: transportation, and destruction/ other CWM (called non-stockpile) Questions regarding this FNSI may be disposal) and the important within the United States and its directed to the U.S. Army Corps of environmental issues that should be territories. 54422 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

The PEIS is specifically concerned To facilitate public participation and Non-Stockpile Chemical Materiel with the following CWM containing comment on the proposed scope of the Program chemical agent under the auspices of PEIS, the Army will hold five regional The Project Manager for NSCM is the Project Manager for Non-Stockpile public scoping meetings in the vicinity responsible for the destruction of all Materiel: (1) CWM from former test of Tampa, Florida; Newport, Indiana; CWM containing chemical agent in the ranges and burial sites once it is Huntsville, Alabama; Salt Lake City, U.S. and its territories not included in recovered; (2) CWM that has already Utah; and San Antonio, Texas. The the nation’s unitary stockpile of been recovered and is currently in specific dates, times, and locations of chemical weapons and chemical agent. storage; and (3) research, development, these meetings will be announced in a Different types of NSCM include: (1) test and evaluation (RDT&E) materiel separate Federal Register notice, by CWM from former test ranges and burial used in CWM development and pre- letter, and in appropriate news media. sites once it is recovered; (2) CWM that production processes. Presently, Repositories containing information on has already been recovered and is in materiel are either known to exist or the NSCM Program and the PEIS will be storage: (3) binary chemical weapons possibly exist at 68 locations in 31 established at these and other locations and components; (4) former chemical states, the Virgin Islands, and Johnston and will be identified in local media weapon production facilities; (5) Island in the Pacific Ocean. announcements. miscellaneous chemical warfare To achieve the destruction of ADDRESSES: Written comments on the materiel. chemical agent contained in the CWM scope of the PEIS should be sent to This PEIS will focus on those specific considered in this PEIS, the Army Program Manager for Chemical types of NSCM that require similar proposes to select one or more strategies Demilitarization, ATTN: SFAE-CD-NP decisions as to their destruction that (1) provide protection for human (Mr. Dragunas/PEIS), Aberdeen Proving strategies. These include (a) CWM from health, safety, and the environment and Ground, Maryland 21010–5401. former test ranges and burial sites once (2) enable the U. S. to comply with the Comments on the scope of the PEIS may it is recovered; (b) CWM that has requirements of the Chemical Weapons also be made by calling the toll-free already been recovered and is in storage Convention. The selection of one or telephone number 1–800–410–9901. and (c) the RDT&E materiel portion of the miscellaneous materiel. Decisions more strategies is needed by the Army FOR FURTHER INFORMATION CONTACT: in order to focus resources on, and concerning destruction strategies for Program Manager for Chemical binary chemical weapons and provide for, a future destruction Demilitarization, ATTN: SFAE-CD-NP capability. The Non-Stockpile PEIS will components; former production (Mr. Dragunas/PEIS), Aberdeen Proving facilities; and the remainder of the analyze the potential environmental Ground, Maryland 21010–5401. consequences of various alternative miscellaneous materiel are independent Requests for further information may of this PEIS and undergo appropriate strategies that will meet these also be made by calling the above listed objectives. levels of environmental review. These toll-free telephone number. latter actions are independent because Strategy components that could be SUPPLEMENTARY INFORMATION: they consist mainly of demolition, used in alternative development may Background: The Convention on the recycling and/or disposal operations include any or all of the following: Prohibition of the Development, that use completely different treatment, transportation and/or Production, Stockpiling, and Use of the destruction strategies than those under destruction/disposal. The preliminary Chemical Weapons and on Their consideration in this PEIS and they do alternatives that the Army is Destruction, or Chemical Weapons not contain chemical agent. considering for analysis include: (1) on- Convention (CWC), requires the In accordance with Section 176 of site chemical treatment of CWM with destruction of all CWM. The U.S. Army, 1993 Defense Authorization Act, the off-site destruction of the resultant as Executive Agent for the Department NSCMP has prepared a Survey and wastes either by thermal destruction or of Defense, is responsible for ensuring Analysis Report (1993), that identifies another disposal method; (2) on-site that NSCM is destroyed in a safe, the locations, types, and quantities of chemical treatment and on-site environmentally sound and cost- NSCM. Since the issuance of the Report, destruction/disposal of chemical effective manner. The U.S. and over 150 the number of locations, types, and treatment wastes (3) on-site thermal nations signed the CWC on January 13, quantities of NSCM continue to be destruction; (4) off-site chemical 1993, and they and the U. S. are updated. The tables included with this treatment and/or thermal destruction or working towards ratification. notice lists the sites where CWM is another disposal method; and (5) no Buried CWM can be dated back to presently known or could possibly exist. action, which is defined as a World War I. The practice of burying The Army continues to review historical continuation of the current methods for leaking or obsolete CWM in the past was documents and data to assess sites handling these types of CWM, including an acceptable method of disposal. Often where past actions may have resulted in safely packing, shipping and storing burial was accompanied by draining disposal of CWM by burial. CWM at permitted locations. and decontamination. Therefore, the DATES: Written and oral comments on CWM underwent a form of destruction. TABLE 1.ÐLOCATIONS WITH KNOWN alternative strategies and their In other cases, intact munitions were OR POSSIBLE BURIED CHEMICAL components (treatment, storage, simply buried. These techniques WARFARE MATERIEL1 transportation, and destruction/ reduced the risk to the public. These disposal) and the important approaches sometimes resulted in Alabama: environmental issues that should be incomplete and/or partial destruction. Camp Sibert evaluated in the PEIS are invited. However, in certain situations, based on Fort McClellan Redstone Arsenal Comments should be provided by site-specific determinations, current Alaska: February 28, 1997, to ensure technological limitations and Cape Yakak Radio Station consideration. Comments received after stakeholder input, leaving the buried Chicagof Harbor this date will be considered to the CWM in the ground may be preferable Fort Wainwright extent practicable. to excavation and destruction. Gerstle River Expansion Area Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54423

TABLE 1.ÐLOCATIONS WITH KNOWN TABLE 1.ÐLOCATIONS WITH KNOWN Components of a strategy could OR POSSIBLE BURIED CHEMICAL OR POSSIBLE BURIED CHEMICAL include any or all of the following: WARFARE MATERIEL1ÐContinued WARFARE MATERIEL1ÐContinued treatment, transportation, and/or destruction/disposal. The alternatives Gerstle River Test Site Umatilla Depot Activity that the Army is considering at this time Unalaska Island South Carolina: for analysis include: (1) on-site chemical Arizona: Charleston Naval Weapons Station treatment of CWM with off-site Camp Navajo South Dakota: destruction of the resultant wastes Yuma Proving Ground Black Hills Ordnance Depot either by thermal destruction or another Arkansas: Tennessee: disposal method; (2) on-site chemical Fort Chaffee Defense Depot Memphis treatment and destruction of chemical Pine Bluff Arsenal Texas: treatment wastes (3) on-site thermal Southwestern Proving Ground Camp Bullis California: Camp Stanley Storage Activity destruction; (4) off-site chemical Edwards Air Force Base U.S. Virgin Islands: treatment and/or thermal destruction or Fort Ord Water Island another disposal method; and (5) no Santa Rosa Army Air Field Utah: action, which is defined as a Colorado: Dugway Proving Ground (Formerly Used continuation of the storage of recovered Pueblo Army Activity Defense Site) and RDT&E materiel, and the packaging, Rocky Mountain Arsenal Dugway Proving Ground transportation and storage of future Florida: Tooele Army Depot recovered buried CWM at permitted Brooksville Army Air Field Wendover Bombing and Gunnery Range locations. MacDill Air Force Base 1 Decisions concerning whether sites Withlacoochee Based on a U.S. Army Non-Stockpile Georgia: Chemical Materiel Program Survey and Analy- should be excavated to recover possible sis Report, November 1993 updated data CWM and how sites should be cleaned Fort Benning base which is unpublished. Fort Gillem up are the responsibility of installation/ Hawaii: site authorities. These site-specific Kipapa Ammunition Storage TABLE 2.ÐLOCATIONS WITH RECOV- decisions will determine whether a Schofield Army Barracks ERED CHEMICAL WARFARE MATE- selected strategy is appropriate for each Illinois: RIEL AND RESEARCH, DEMONSTRA- specific location. Fort Sheridan TION, TESTING, AND EVALUATION The preliminary strategies that have Savanna Army Depot Activity MATERIEL1 been identified for evaluation in the Indiana: PEIS are: Camp Atterbury Naval Surface Warfare Alabama: On-site Chemical Treatment and Off- Center, Crane Division site Destruction of Chemical Treatment Newport Chemical Activity Anniston Army Depot Iowa: Redstone Arsenal Waste—Chemical agents in CWM would Camp Dodge Alaska: be chemically treated on site. Waste Kentucky: Fort Richardson from chemical treatment and any other Blue Grass Army Depot Arkansas: wastes such as metal body parts would Fort Knox Pine Bluff Arsenal be packaged in accordance with Louisiana: Colorado: appropriate transportation regulations Camp Claiborne Pueblo Army Activity Rocky Mountain Arsenal and the waste would then be England Air Force Base transported off site for thermal Fort Polk Johnston Island Kentucky: destruction or another disposal method. Maryland: On-site Chemical Treatment and On- Aberdeen Proving Ground Blue Grass Army Depot Fort Meade Maryland: site Destruction/Disposal of Chemical Massachusetts: Aberdeen Proving Ground Treatment Waste—Chemical agents in Fort Devens Oregon: CWM would be chemically treated on Michigan: Umatilla Depot Activity site. Waste from chemical treatment Chemical Warfare Development Division Texas: would also be destroyed/disposed of on Mississippi: Camp Bullis site. Any other waste such as metal Utah: Camp Van Dorn body parts from the on-site treatment Columbus Army Airfield Dugway Proving Ground Tooele Army Depot would be packaged in accordance with Missouri: appropriate transportation regulations Camp Crowder 1 Based on a U.S. Army Non-Stockpile and then transported off site for Nevada: Chemical Materiel Program Survey and Analy- Hawthorne Army Depot sis Report, November 1993 updated data disposal. New Jersey: base which is unpublished. On-site Thermal Destruction— Fort Hancock Naval Air Warfare Center, Chemical agents in CWM would be Lakehurst To achieve the destruction of certain thermally destroyed on site. Any waste Raritan Arsenal types of CWM, the Army proposes to from thermal destruction such as ash New Mexico: select and implement strategies that (1) and/or metal body parts would be Fort Wingate Depot Activity provide the highest levels of protection packaged in accordance with New York: for human health, safety, and the appropriate transportation regulations Camp Hero environment and (2) enable the U.S. to and the waste would then be North Carolina: comply with the requirements of the Camp Lejeune transported off site for disposal. Laurinburg-Maxton Army Air Base Chemical Warfare Convention. The PEIS Off-site Chemical Treatment and/or Ohio: will analyze the potential environ- Off-site Thermal Destruction—CWM Cleveland Plant mental consequences of various containing chemical agents would be Raven Army Ammunition Plant alternative strategies that will meet this packaged in accordance with Oregon: need. appropriate transport regulations and 54424 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices then transported to an off site location. preliminary identification of meetings. For further information, please The CWM containing chemical agents alternatives and environmental issues is contact Michelle Diaz at (703) 695–0781. would then be either chemically treated not meant to be exhaustive or final. The Michelle P. Diaz, or thermally destroyed or disposed of by Army considers the scoping process to Program Support Specialist, Army Science another method at the off-site location. be open and dynamic in the sense that Board. No Action—CWM containing alternatives other than those given [FR Doc. 96–26737 Filed 10–17–96; 8:45 am] chemical agent already in storage and above may warrant study and new BILLING CODE 3710±08±M RDT&E materiel would continue to be matters may be identified for potential stored. CWM containing chemical agent evaluation. recovered in the future would be Army Science Board; Notice of Closed packaged in accordance with The scoping process will include both Meeting appropriate transport regulations and interagency and public scoping. The then transported to an off-site location public is invited to submit written In accordance with Section 10(a)(2) of for long term storage at a permitted comments or provide oral comments at the Federal Advisory Committee Act location. a meeting or by phone to the addresses (P.L. 92–463), announcement is made of For all disposal alternatives, treated and phone numbers listed under the the following Committee Meeting: residual metal parts would likely be DATES section of this notice and/or Name of Committee: Army Science Board recycled or disposed of in accordance attend a public meeting that will be (ASB). with applicable environmental announced in area news media. Date of Meeting: 17 & 18 October 1996. regulations. Time of Meeting: 0900–1600, 17 Oct 96, The PEIS, as currently envisioned, The Army will use the public input 0900–1700, 18 Oct 96. will not evaluate specific off-site/on-site received during scoping to develop a Place: Pentagon—Washington, DC. Agenda: The Army Science Board (ASB) treatment and/or destruction/disposal Statement of Scope to guide preparation of the PEIS. After completion, the Ad Hoc Study on ‘‘Global Broadcast Service’’ locations under these strategies. Should will meet for briefings and discussions on the the Army select an off-site destruction/ Statement of Scope will be made study subject. These meetings will be closed disposal strategy, further environmental available to scoping participants and the to the public in accordance with Section review would be required to determine public upon request. The draft PEIS 552b(c) of title 5, U.S.C., specifically the potential environmental prepared from the scoping process will subparagraph (4) thereof, and Title 5, U.S.C. consequences of implementing that be made available for public review and Appendix 2, subsection 10(d). The strategy at that specific location. The comment. Notice of availability of the proprietary matters to be discussed are so PEIS will also not evaluate on-site draft PEIS will be announced, written inextricably intertwined so as to preclude opening any portion of these meetings. For contamination. This contamination will comments on the draft solicited, and further information, please contact Michelle be handled under established information about a possible public Diaz at (703) 695–0781. environmental remediation/restoration meeting to comment on the draft will be Michelle P. Diaz, procedures and regulations. published at a future date. The Army The important environmental issues Program Support Specialist, Army Science expects to release a final PEIS by mid- Board. that have been identified on a 1999. preliminary basis for evaluation and [FR Doc. 96–26738 Filed 10–17–96; 8:45 am] Richard E. Newsome, analysis in the PEIS are: (1) The BILLING CODE 3710±08±M potential impacts of the alternative Acting Deputy Assistant Secretary of the strategies on air quality, water Army (Environment, Safety and Occupational Health) OASA(I,L&E). resources, and land resources; (2) the DEPARTMENT OF EDUCATION potential impacts to public health from [FR Doc. 96–26343 Filed 10–17–96; 8:45 am] the implementation of the destruction BILLING CODE 3710±08±P Intent To Repay to the Maine technologies; (3) the potential impacts Department of Education Funds to public health and safety from Recovered as a Result of a Final Audit accidents that could occur during the Army Science Board; Notice of Closed Determination Meeting handling, transport, storage, and AGENCY: Department of Education. destruction of CWM; and (4) the ACTION: Correction notice. potential socioeconomic impacts of the In accordance with Section 10(a)(2) of alternative strategies. the Federal Advisory Committee Act DATE OF SETTLEMENT AGREEMENT AND (P.L. 92–463), announcement is made of PERIOD OF AVAILABILITY OF FUNDS: On Scoping Process the following Committee Meeting: April 2, 1996, the Secretary published Scoping, which is integral to the Name of Committee: Army Science Board in the Federal Register (61 FR 14598) a NEPA process, is a procedure that (ASB). notice of intent to award grantback solicits input to the EIS process to Date of Meeting: 24 & 25 October 1996. funds to the Maine Department of ensure that issues are identified early Time of Meeting: 0930–1600, 24 Oct 96, Education. Detailed information and properly studied. Scoping 0930–1600, 25 Oct 96. concerning the intended grantback commences after a decision is made to Place: Pentagon—Washington, DC. award was contained in that notice. The prepare an EIS in order to provide an Agenda: The Army Science Board (ASB) purpose of this notice is to correct the early and open process for determining Summer Study on ‘‘Technical Architecture execution date of the settlement the scope of issues to be addressed and C4I’’ will meet for briefings and discussions. agreement that resolved one of the for identifying the significant issues These meetings will be closed to the public audits, ACN: 01–93025, involved in the related to a proposed action. The scope in accordance with Section 552b(c) of title 5, intended grantback award and to correct of issues to be addressed in the draft U.S.C., specifically subparagraph (4) thereof, the period of availability of funds PEIS will be determined, in part, from and Title 5, U.S.C., Appendix 2, subsection awarded through this grantback. written comments received by mail and 10(d). The proprietary matters to be The execution date of the settlement oral comments received and recorded by discussed are so inextricably intertwined so agreement for ACN: 01–93025 is phone and at the public meetings. The as to preclude opening any portion of these ‘‘December 2, 1992.’’ The funds Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54425 recovered under ACN: 01–932025 were will take effect no sooner than fifteen Final Environmental Impact Statement available for expenditure until days after the date of publication of this (Final EIS) for the Nevada Test Site September 30, 1996. The funds notice. (NTS) and Off-Site Locations in the recovered under ACN: 01–93245 and Dated: October 10, 1996. State of Nevada (DOE/EIS–0243). ACN: 01–13035 are available for For the Department of Energy. DATES: DOE intends to issue a Record of expenditure until September 30, 1998. Cherie P. Fitzgerald, Decision on the NTS no sooner than 30 FOR FURTHER INFORMATION CONTACT: days from the date the U.S. Director, International Policy and Analysis William D. Tyrrell, Sr., U.S. Department Division, Office of Arms Control and Environmental Protection Agency of Education, 600 Independence Nonproliferation. Notice of Availability appears in the Avenue, S.W., Room 3609 Switzer [FR Doc. 96–26762 Filed 10–17–96; 8:45 am] Federal Register. Building, Washington, D.C. 20202–6132. ADDRESSES: BILLING CODE 6450±01±P Requests for a copy of the Telephone (202) 205–8825. Individuals NTS Final EIS or its Summary should be who use a telecommunications device directed to: Bob Golden, NEPA for the deaf (TDD) may call the Federal Proposed Subsequent Arrangement Compliance Officer, U.S. Department of Information Relay Service (FIRS) at 1– Energy, Nevada Operations Office, P.O. 800–877–8339 between 8 a.m. and 8 AGENCY: Office of Arms Control and Box 98518, Las Vegas, NV 89193–8518, p.m., Eastern time, Monday through Nonproliferation Policy, Department of phone (702) 295–4652 or by calling the Friday. Internet: Energy. Nevada Test Site EIS Hotline, 1–800– [email protected] ACTION: Subsequent Arrangement. 405–1140. Copies of the Final EIS will also be available in Reading Rooms (Catalog of Federal Domestic Assistance SUMMARY: Pursuant to Section 131 of the listed in the SUPPLEMENTARY Numbers: 84.027 Handicapped State Grants; Atomic Energy Act of 1954, as amended 84.012 Educationally Deprived Children; and INFORMATION section. (42 U.S.C. 2160), notice is hereby given 84.011 Chapter I—Migrant Education) FOR FURTHER INFORMATION CONTACT: For of a proposed ‘‘subsequent Dated: October 11, 1996. information on the Department’s NEPA arrangement’’ under the Agreement for Howard R. Moses, process, please contact: Ms. Carol Cooperation between the Government of Borgstrom, Director, Office of NEPA Acting Assistant Secretary for Special the United States of America and the Education and Rehabilitative Services. Policy and Assistance, U.S. Department Government of Japan concerning of Energy, 1000 Independence Avenue, [FR Doc. 96–26702 Filed 10–17–96; 8:45 am] Peaceful Uses of Nuclear Energy. BILLING CODE 4000±01±P The subsequent arrangement to be S.W., Washington, DC, 20585, 202–586– carried out under the above-mentioned 4600, or leave a message at 1–800–472– agreement involves approval of the 2756. DEPARTMENT OF ENERGY following sale: Contract number S–JA– SUPPLEMENTARY INFORMATION: This 466 for the sale of 8 kilograms of sitewide EIS evaluates the potential Office of Arms Control and lithium-6 (enriched to 95–96%), in the environmental impacts of four possible Nonproliferation Policy form of lithium carbonate to the Japan use alternatives being considered for the Radioisotope Association for use as Nevada Test Site (NTS), the Tonopah Proposed Subsequent Arrangement thermal neutron shielding material in Test Range, and the formerly operated AGENCY: Office of Arms Control and neutron capture therapy and for DOE sites in the State of Nevada: the Nonproliferation Policy; Department of biomedical use. Project Shoal Area, the Central Nevada Energy. In accordance with section 131 of the Test Area, and portions of the Nellis Air Force Range Complex. Three additional ACTION: Subsequent arrangement. Atomic Energy Act of 1954, as amended, it has been determined that this sites in Nevada—Coyote Spring Valley, SUMMARY: Pursuant to Section 131 of the subsequent arrangement will not be Dry Lake Valley and Eldorado Valley— Atomic Energy Act of 1954, as amended inimical to the common defense and are evaluated for collocation of solar (42 U.S.C. 2160), notice is hereby given security. This subsequent arrangement energy production facilities. The four of a proposed ‘‘subsequent will take effect no sooner than fifteen alternatives include: No Action arrangement’’ under the Agreement for days after the date of publication of this (Alternative 1)—continue to operate at Cooperation between the Government of notice. the level maintained for the past 5 years; Discontinue Operations (Alternative the United States of America and the Dated: October 10, 1996 Government of Canada concerning Civil 2)—discontinue operations and For the Department of Energy. Uses of Atomic Energy, as amended. interagency programs and close the site; The subsequent arrangement to be Cherie P. Fitzgerald, Expanded Use (Alternative 3)— carried out under the above-mentioned Director, International Policy and Analysis maximize use of NTS and its resources agreement involves approval of the Division, Office of Arms Control and to support defense and nondefense following sale: Contract Number S–CA– Nonproliferation. programs; and Alternate Use of 454, for the sale of 4 grams of [FR Doc. 96–26763 Filed 10–17–96; 8:45 am] Withdrawn Lands (Alternative 4)— plutonium, enriched to 99.75% in the BILLING CODE 6450±01±P discontinue all defense-related activities isotope plutonium-239, to the AECL at NTS; continue waste management Chalk River Laboratories in Canada for operations in support of NTS use in chemical research associated Notice of Availability of Final environmental restoration efforts; with reactor development and waste Environmental Impact Statement for expand nondefense research. management. the Nevada Test Site and Off-Site The Department’s preferred In accordance with section 131 of the Locations in the State of Nevada alternative includes the activities Atomic Energy Act of 1954, as amended, AGENCY: Department of Energy. described in the Expanded Use it has been determined that this ACTION: Notice of Availability. alternative (Alternative 3) plus the subsequent arrangement will not be educational activities described in inimical to the common defense and SUMMARY: The Department of Energy Alternative 4. For purposes of providing security. This subsequent arrangement (DOE) announces the availability of the a bounding analysis in the EIS, 54426 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Alternative 3 evaluates the impacts 13. Silver Peak Library, P.O. Box 128, 892–6216. E-mail: resulting from the maximum potential Silver Peak, NV 89047 [email protected] activities identified for the Nevada Test 14. Community College of Southern The solicitation will be posted on the Site. However, the Department has Nevada, Henderson Campus, Library internet at PETC’s Home Page (http:// identified in other EISs that the Nevada Reading Room, 700 College Drive, www.petc.doe.gov). Requests for disk Test Site is not the preferred site for the Henderson, NV 89015 versions of the solicitation (3.5′′, proposed National Ignition Facility, the 15. Amargosa Valley Community double-sided/high-density) may be interim storage of plutonium pits, or Library, HRC 69, Amargosa Valley, made via letter, FAX, or e-mail. Paper weapons assembly/disassembly NV 89020–9701 copies can be made available upon operations. Accordingly, the preferred 16. White Pine Library, 950 Campton, request. TELEPHONE REQUESTS WILL alternative in this EIS does not include Ely, NV 89301 NOT BE ACCEPTED FOR ANY these activities, even though their 17. Dyer Public Library, P.O. Box 105, VERSION OF THE SOLICITATION. impacts are included in Alternative 3. Dyer, NV 89010 SUPPLEMENTARY INFORMATION: The preferred alternative is the most 18. Community College of Southern Solicitation Number: DE–PS22– comprehensive alternative in supporting Nevada, Cheyenne Campus, 3200 E. statutory mission responsibilities while 96PC96052. Cheyenne, Las Vegas, NV 89117 Title of Solicitation: ‘‘Engineering providing for a diversification of use to 19. Community College of Southern Development of Ceramic Membranes include nondefense, interagency, public Nevada, West Charleston Campus, Reactor Systems for Converting Natural and private uses of the resources and Library Reading Room, 6375 W. Gas to Synthesis Gas and Hydrogen’’. capabilities available. Charleston Blvd, Las Vegas, NV 89102 Objective: The U.S. Department of Environmental impacts were assessed Issued in Washington, DC, this 10th day of Energy (DOE), Pittsburgh Energy for each alternative by analyzing, to the October, 1996. Technology Center (PETC) is interested extent possible, the discrete and James C. Landers, in pursuing cost-shared research, cumulative environmental impacts development, and demonstration in the associated with defense, waste Acting Assistant Secretary for Defense Programs. area of ‘‘Engineering Development of management, environmental restoration, Ceramic Membrane Reactor Systems for nondefense research and development, [FR Doc. 96–26761 Filed 10–17–96; 8:45 am] BILLING CODE 6450±01±P the Conversion of Natural Gas to and work for others programs. Synthesis Gas and Hydrogen.’’ The The preparation of this EIS required purpose of this proposed action is to the participation of several federal Announcement of Program solicit applications to advance the agencies, including the Department of Opportunity Notice (PON); In Support current state-of-the-art of ceramic Defense (Air Force and Defense Nuclear of the Gas Utilization/Gas-to-Liquids membranes for the conversion of natural Agency), and the Department of the Program gas to synthesis gas (a mixture of carbon Interior (Bureau of Land Management monoxide and hydrogen) and hydrogen and Fish and Wildlife Service), along AGENCY: U.S. Department of Energy to commercial readiness. The with Nye County, Nevada. (DOE), Pittsburgh Energy Technology membrane-based technology is Copies of the Final EIS will be Center (PETC). envisioned to couple air separation and available in Reading Rooms at the ACTION: Issuance of Program methane partial oxidation into a single following locations: Opportunity Notice (PON). process step to be followed either by 1. DOE Public Reading Facility, 2621 conversion of the synthesis gas to Losee Road, Bldg B–3, North Las SUMMARY: The U.S. Department of transportation fuels or the production of Vegas, NV 89030 Energy (DOE), Pittsburgh Energy hydrogen. The goal of the proposed 2. Carson City Public Library, 900 N. Technology Center (PETC) announces effort is to develop and demonstrate the Roop Street, Carson City, NV 89701 that pursuant to 10 CFR 600.8 (a)(2), and technical, economic, and commercial 3. Doris Shirkey Library, 2101 E. in support of the Gas Utilization/Gas-to- feasibility of the membrane-based Calvada Blvd., Pahrump, NV 89041 Liquids Program, it intends to issue a technology for the utilization of 4. University of Nevada, Reno, Noble H. competitive financial assistance domestic remote natural gas, such as Getchell Library, Reno, NV 89557 solicitation No. DE–PS22–96PC96052 5. Freedom of Information Reading that found in Alaska, by 2008. A multi- leading to the selection and award of a budget period, multi-task approach to Room, Forrestal Bldg, 1000 cost-shared cooperative agreement to a Independence Avenue SW, the development of the technology is qualified recipient. Applications will be sought, with decision points at critical Washington, DC 20585 subjected to a comparative merit review 6. Las Vegas Public Library, 833 N. Las junctures. Budget Period 1 will by a DOE technical panel, and one encompass ceramic material Vegas Blvd., Las Vegas, NV 89101 award will be made on the basis of the 7. Tonopah Public Library, 171 Central development, selection, and scientific merit of the application, Street, Tonopah, NV 89049 characterization, membrane/reactor 8. Caliente Branch Library, 100 Depot utilization of relevant program policy module fabrication, seal and Avenue, Caliente, NV 89008 factors, and the availability of funds. manifolding technology development, 9. University of Nevada, Las Vegas, The solicitation is expected to be bench-scale process performance James Dickenson Library, 4505 S. available on or about October 21, 1996. evaluations, and engineering and Maryland Parkway, Las Vegas, NV The solicitation will be provided economic analyses. Budget Period 2 will 89154 electronically, using WordPerfect 6.1 for involve the scale-up of the technology to 10. Fallon Public Library, Churchill Windows, or on paper. an engineering prototype unit to County Library, 553 S. Main, Fallon, FOR FURTHER INFORMATION CONTACT: U.S. demonstrate an integrated process, to NV 89406–3387 Department of Energy, Pittsburgh obtain process engineering data, to 11. Washington County Library, 50 S. Energy Technology Center, P.O. Box validate design concepts, and to provide Main, St. George, UT 84770 10940, MS 921–143, Pittsburgh, PA additional data to refine prior 12. Goldfield Library, P.O. Box 430, 15236. Attn: John N. Augustine. engineering and economic evaluations. Goldfield, NV 89013 Telephone: (412) 892–4524. FAX: (412) Engineering models that represent the Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54427 fundamental physical and chemical Federal Energy Regulatory exploring the possible settlement of the phenomena in the membranes and are Commission above-referenced docket. useful for the scale-up of the technology Any party, as defined by 18 CFR [Docket No. MT96±29±001] will also be developed. Budget Period 3 385.102(c), or any participant as defined will utilize the technology data base and ANR Pipeline Company; Notice of in 18 CFR 385.102(b), is invited to engineering models developed in Proposed Changes in FERC Gas Tariff attend. Persons wishing to become a Budget Periods 1 and 2 to design, party must move to intervene and fabricate, construct, and operate a fully October 11, 1996. receive intervenor status pursuant to the integrated, proof-of-concept, Take notice that on September 26, Commission’s regulations (18 CFR commercially scalable process that 1996, ANR Pipeline Company (ANR) 385.214). reduces technical risks sufficiently to tendered for filing as part of its FERC For additional information, please permit commercialization of the Gas Tariff, Second Revised Volume No. contact William J. Collins at (202) 208– 0248. technology. A minimum cost-share of 1, the following tariff sheets, to become 50% in each budget period is expected effective October 1, 1996: Lois D. Cashell, from the participants, as well as First Revised Sheet No. 101 Secretary. repayment of the Government’s share Original Sheet No. 101A [FR Doc. 96–26733 Filed 10–17–96; 8:45 am] upon commercialization of the In the same filing, ANR withdrew the BILLING CODE 6717±01±M technology. The solicitation will be tariff sheets filed in this docket on available on or about October 21, 1996. September 3, 1996 (First Revised Sheet All requests for the solicitation package No. 68G and Original Sheet No. 68G.1). [Docket No. CP97±16±000] should be submitted in writing to the ANR states that the above-referenced attention of John N. Augustine, Contract tariff sheets are being filed pursuant to Columbia Gas Transmission Specialist, U.S. Department of Energy, the Commission’s August 2, 1996 Corporation; Notice of Request Under Blanket Authorization P.O. Box 10940 (MS 921–143), ‘‘Order Authorizing Abandonment and Pittsburgh, PA 15236–0940. NO Determining Jurisdictional Status of October 11, 1996. Facilities,’’ in the captioned proceeding. TELEPHONE REQUESTS WILL BE Take notice that on October 7, 1996, The revised tariff sheets address ACCEPTED. Columbia Gas Transmission Corporation ‘‘Standards of Conduct’’ regarding (Columbia), 1700 MacCorkle Avenue, Term of Award ANR’s affiliate, ANR Field Services S.E., Charleston, West Virginia 25314– Company and are located in the Total project: 8 years 1599, filed in Docket No. CP97–16–000, ‘‘General Terms and Conditions’’ a request pursuant to Sections 157.205 Budget Period 1: 2.5 years section of ANR’s tariff. and 157.211 of the Commission’s Budget Period 2: 2.5 years Any person desiring to protest this Regulations under the Natural Gas Act filing should file a protest with the Budget Period 3: 3 years (18 CFR 157.205 and 157.211) for Federal Energy Regulatory Commission, authorization to construct and operate a Awards: DOE anticipates issuing a 888 First Street, N.E. Washington, D.C. new point of delivery to Ohio single financial assistance cooperative 20426, in accordance with 18 CFR Cumberland Gas Company (OCGC), in agreement. DOE reserves the right to 385.211 of the Commission’s Rules and Richland County, Ohio, under the support or not support any or all Regulations. All such protests must be blanket certificate issued in Docket No. applications received in whole or in filed in accordance with Section CP83–76–000, pursuant to Section 7(c) 154.210 of the Commission’s part, and to determine how many of the Natural Gas Act, all as more fully Regulations. Protests will be considered awards may be made through the set forth in the request which is on file by the Commission in determining the solicitation subject to funds available in with the Commission and open to appropriate action to be taken, but will this fiscal year. The limitation on the public inspection. not serve to make protestants parties to maximum DOE funding for the selected Columbia states that the construction the proceeding. Copies of this filing are cooperative agreement to be awarded and operation of the new point of on file with the Commission and are under this financial assistance delivery has been requested by OCGC available for public inspection in the solicitation is approximately for firm transportation service for Public Reference Room. $35,000,000. residential and industrial service. Lois D. Cashell, Solicitation Release Date: The Columbia indicates that OCGC has not Secretary. solicitation is expected to be available requested an increase in its peak day on or about October 21, 1996. [FR Doc. 96–26730 Filed 10–17–96; 8:45 am] entitlements in conjunction with this Applications must be prepared and BILLING CODE 6717±01±M request. Therefore, Columbia says there submitted in accordance with the is no impact on Columbia’s existing peak day obligations to its other instructions and forms in the [Docket No. RP94±43±000] solicitation. To be eligible, applications customers as a result of the proposed new point of delivery. Columbia says it must be received at the designated DOE ANR Pipeline Company; Notice of will provide transportation service for office by the closing date stated in the Informal Settlement Conference OCGC under Columbia’s FTS Rate solicitation. October 11, 1996. Schedule. Columbia estimates quantities Dale A. Siciliano, Take notice that an informal will be 50 Dth per day and 18,250 Dth Contracting Officer, Acquisition and settlement conference will be convened annually. Assistance Division. in this proceeding on Thursday, October Columbia relates that the estimated [FR Doc. 96–26764 Filed 10–17–96; 8:45 am] 24, 1996, at 10:00 a.m., at the offices of cost to construct this new point of BILLING CODE 6450±01±P the Federal Energy Regulatory delivery is $10,000 which includes Commission, 888 First Street NE., gross-up for income tax purposes. Washington, DC, for the purpose of Columbia says that OCGC has agreed to 54428 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices reimburse Columbia 100% of the total establishing other procedures for Order issued on September 27, 1996 to actual cost of the proposed construction. resolving the matter.’’ correct a transposition error. With the Columbia says it will comply with all Any person desiring to be heard or to correction, the total minimum rate for of the environmental requirements of make a protest with reference to said its interruptible transportation rate Section 157.206(d) of the Commission’s filing should, within 10 days of the schedule ITS drops from $0.0359 to regulations prior to the construction of publication of such notice in the $0.0357. any facilities. Federal Register, file with the Federal Kentucky West states that a copy of its Any person or the Commission’s staff Energy Regulatory Commission (888 1st filing has been served upon its may, within 45 days after issuance of Street N.E., Washington, D.C. 20426) a customers and interested state the instant notice by the Commission, motion to intervene or protest in commissions. file pursuant to Rule 214 of the accordance with the requirements of the Any person desiring to protest this Commission’s Procedural Rules (18 CFR Commission’s Rules of Practice and filing should file a protest with the 385.214) a motion to intervene or notice Procedures, 18 CFR 385.214 or 385.211. Federal Energy Regulatory Commission, of intervention and pursuant to Section Protests will be considered by the 888 First Street, N.E., Washington, D.C. 157.205 of the Regulations under the Commission in determining the 20426, in accordance with Section Natural Gas Act (18 CFR 157.205) a appropriate action to be taken, but will 385.211 of the Commission’s Rules and protest to the request. If no protest is not serve to make protestants parties to Regulations. All such protests must be filed within the time allowed therefor, the proceeding. Copies of this filing are filed as provided in Section 154.210 of the proposed activity shall be deemed to on file with the Commission and are the Commission’s Regulations. Protests be authorized effective the day after the available for public inspection. will be considered by the Commission time allowed for filing a protest. If a Lois D. Cashell, in determining the appropriate action to protest is filed and not withdrawn Secretary. be taken, but will not serve to make within 30 days after the time allowed [FR Doc. 96–26725 Filed 10–17–96; 8:45 am] protestants parties to the proceeding. Copies of this filing are on file with the for filing a protest, the instant request BILLING CODE 6717±01±M shall be treated as an application for Commission and are available for public authorization pursuant to Section 7 of inspection in the Public Reference the Natural Gas Act. [Docket No. RP96±317±000] Room. Lois D. Cashell, Lois D. Cashell, Great Lakes Gas Transmission Limited Secretary. Secretary. Partnership; Notice of Technical [FR Doc. 96–26728 Filed 10–17–96; 8:45 am] Conference [FR Doc. 96–26735 Filed 10–17–96; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M October 11, 1996. Pursuant to the Commission’s order, [Docket No. CP97±15±000] [Docket No. CP85±221±068] issued on September 12, 1996, a technical conference will be held to Koch Gateway Pipeline Company; Frontier Gas Storage Company; Notice resolve the issues raised in the above- Notice of Request Under Blanket of Sale Pursuant to Settlement captioned proceeding. Authorization Agreement The conference will be held on Wednesday, October 23, 1996 at 10:00 October 11, 1996. October 11, 1996. a.m. in a room to be designated at the Take notice that on October 8, 1996, Take notice that on October 8, 1996, offices of the Federal Energy Regulatory Koch Gateway Pipeline Company Frontier Gas Storage Company Commission, 888 First Street, N.E., (Koch), 600 Travis Street, Houston, (Frontier), c/o Reid & Priest, Market Washington, D.C. 20426. Texas 77251–1478 filed in Docket No. Square, 701 Pennsylvania Ave., N.W., All interested persons and Staff are CP97–15–000 a request pursuant to Suite 800, Washington, D.C. 20004, in permitted to attend. Sections 157.205, and 157.211 of the compliance with provisions of the Lois D. Cashell, Commission’s Regulations under the Commission’s February 13, 1985, Order Secretary. Natural Gas Act (18 CFR 157.205 and in Docket No. CP82–487–000, et al., [FR Doc. 96–26734 Filed 10–17–96; 8:45 am] 157.211) for approval and permission to submitted an executed Service BILLING CODE 6717±01±M seek certificate authority for facilities Agreement under Rate Schedule LVS–1 constructed in San Augustine County, providing for the possible sale of up to Texas under Section 311 of the Natural a daily quantity of 20,000 MMBtu, not [Docket No. TM97±1±46±001] Gas Act (NGA), under the blanket to exceed 3 Bcf of Frontier’s gas storage certificate issued in Docket No. CP82– inventory on an ‘‘as metered’’ basis to Kentucky West Virginia Gas Company, 430–000, pursuant to Section 7(c) of the Western Gas Resources, Inc., for term L.L.C.; Notice of Proposed Changes in NGA, all as more fully set forth in the ending March 31, 1997. FERC Gas Tariff request which is on file with the Under Subpart (b) of Ordering October 11, 1996. Commission and open to public Paragraph (F) of the Commission’s Take notice that on October 8, 1996, inspection. February 13, 1985, Order, Frontier is Kentucky West Virginia Gas Company, Koch states that it proposes to place ‘‘authorized to commence the sale of its L.L.C. (Kentucky West), tendered for into jurisdictional service a two-inch tap inventory under such an executed filing as part of its FERC Gas Tariff, and meter station. Koch further states service agreement fourteen days after Third Revised Volume No. 1, the that this delivery point is located on its filing the agreement with the following revised tariff sheet to be pipeline designated as Index 63 in San Commission, and may continue making effective October 1, 1996: Augustine County, Texas. It is indicated such sale unless the Commission issues that the estimated peak day and average an order either requiring Frontier to stop Substitute Second Revised Sheet No. 4 day requirements for this delivery point selling and setting the matter for hearing Kentucky West is making this filing in are 100 MMBtu and 20 MMBtu, or permitting the sale to continue and compliance with the Commission’s respectively. Koch asserts that Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54429 certification of the delivery point will operation of its Loreed Storage Field, Northeast’s project (Docket No. CP96– not have an impact on Koch’s annual and that ANR unfairly refuses to 178–002). Thus future filings deliveries or peak day operations transport gas produced from Lomex’s concerning the 30-inch single pipeline because no change in the existing Coon 1–36 well, all as more fully set alternative from Dracut to Wells should service levels are proposed. forth in the complaint which is on file be filed under Docket No. CP96–178– Koch states that it has sufficient with the Commission and open to 002. Filings concerning the 30-inch capacity to render the proposed service public inspection. Lomex requests that pipeline alternative from Wells to without detriment or disadvantage to its the Commission give this matter Cumberland/Portland, Maine will be other customers. Koch further states that expedited review and issue a show considered in Docket No. CP96–809– its tariff does not prohibit the proposed cause order without delay. 000. The details of Maritimes & change in jurisdictional status of the Any person desiring to be heard or to Northeast’s proposal are more fully set delivery point. make a protest with reference to this forth in its September 23rd filing, which Any person or Commission Staff may, complaint should on or before October is on file with the Commission and open within 45 days of the issuance of the 28, 1996, file with the Federal Energy to public inspection. instant notice by the Commission, file Regulatory Commission, 888 First St., Maritimes & Northeast is a limited pursuant to Rule 214 of the N.E., Washington, D.C. 20426, a motion liability company, organized and Commission’s Rules of Practice and to intervene or a protest in accordance existing under the laws of the state of Procedure (18 CFR 385.214), a motion to with the requirements of the Delaware. Maritimes & Northeast’s intervene and pursuant to Section Commission’s Rules of Practice and members are M&N Management 157.205 of the regulations under the Procedure (18 CFR 385.214 or 385.211). Company, a wholly-owned subsidiary of Natural Gas Act (18 CFR 157.205), a All protests filed with the Commission PanEnergy Corp.; Westcoast Energy protest to the request. If no protest is will be considered by it in determining (U.S.) Inc., a wholly-owned subsidiary filed within the time allowed therefor, the appropriate action to be taken but of Westcoast Energy, Inc. and Mobil the proposed activities shall be deemed will not serve to make the protestants Midstream Natural Gas Investment, Inc., to be authorized effective the day after parties to the proceeding. Any person a wholly-owned subsidiary of Mobil Oil the time allowed for filing a protest. If wishing to become a party to a Corporation. a protest is filed and not withdrawn 30 proceeding or to participate as a party Maritimes & Northeast’s Phase I days after the time allowed for filing a in any hearing therein must file a project is from Dracut, Massachusetts to protest, the instant request shall be motion to intervene in accordance with Wells, Maine. The Commission issued treated as an application for the Commission’s Rules. Answers to the Preliminary Determination (PD) for this authorization pursuant to Section 7 of complaint shall be due on or before project on July 31, 1996, in Docket No. the Natural Gas Act. October 28, 1996. CP96–178–000. The project is currently Lois D. Cashell, Lois D. Cashell, under environmental review. A final Secretary. Secretary. certificate for Phase I has not yet been considered by the Commission. [FR Doc. 96–26724 Filed 10–17–96; 8:45 am] [FR Doc. 96–26729 Filed 10–17–96; 8:45 am] BILLING CODE 6717±01±M The PD encouraged Maritimes & BILLING CODE 6717±01±M Northeast and the Portland Natural Gas Transmission System (PNGTS) 2 to [Docket No. CP97±19±000] [Docket No. CP96±178±002] consider a single pipeline alternative or a joint right-of-way between Haverhill, Maritimes & Northeast Pipeline, L.L.C.; Lomex Oil & Gas Co., Mr. Jerry Lutz, Massachusetts and Portland, Maine. As Notice of Amendment Mr. & Mrs. Earl Coon, and Mr. & Mrs. part of its September 23, 1996, filing for Carl Meyers, Complainants, v. ANR October 11, 1996. Phase II of its project,3 Maritimes & Pipeline Company, Respondent; Notice Take notice that on September 23, Northeast submitted an engineering of Complaint 1996, Maritimes & Northeast Pipeline, design for a 30-inch single pipeline alternative from Dracut to Cumberland/ October 11, 1996. L.L.C. (Maritimes & Northeast), c/o M&N Management Company, 1284 Soldiers Portland. At this time the Commission Take notice that on October 8, 1996, Staff believes that the 30-inch Lomex Oil & Gas Co., Mr. Jerry Lutz, Mr. Field Road, Boston, Massachusetts, 02135, filed for authority under Section alternative has enough capacity for it & Mrs. Earl Coon, and Mr. & Mrs. Carl 7(c) of the Natural Gas Act (NGA) to and PNGTS to share. Meyers (collectively, Lomex), filed a construct, install, own, operate, and Maritimes & Northeast filed certain complaint in Docket No. CP97–19–000, maintain a 30-inch diameter natural gas exhibits describing a 30-inch single-pipe pursuant to Rule 206 of the pipeline as an alternative to its currently alternative that it seeks to construct Commission’s Rules of Practice and proposed Phase I, 24-inch diameter from Dracut to a proposed Procedure, and to the order amending pipeline from Dracut, Massachusetts to interconnection with Granite State Gas certificate issued on September 13, Wells, Maine (Docket No. CP96–178– Transmission Company near Wells. 1996, in Docket No. CP96–337, in which 000). The proposed facilities were Maritimes & Northeast says that its 30- the Commission authorized a revised included in an application to construct inch single-pipe alternative is designed boundary for ANR’s Loreed Storage certain other facilities for Phase II of its to accommodate service to PNGTS (or Field. In that order, the Commission project (Docket Nos. CP96–809–000).1 other arrangements such as a joint denied Lomex’s protest and motions We will sever those parts of the text and pipeline or common right-of-way) and stating that ‘‘whether ANR has violated exhibits in Docket No. CP96–809–000 its certificate authorizations or open- pertaining to the 30-inch pipeline from 2 See Order issued July 31, 1996, in Docket Nos. access requirements would be more Dracut to Wells and treat them as an CP96–248–000 and CP96–249–000. appropriately considered in the context 3 Phase II is a two-stage extension of Maritimes & amendment to Phase I of Maritimes & of a complaint proceeding.’’ Lomex Northeast’s proposed project, first from Wells, Maine to Portland, Maine for 1998 interim service charges that ANR Pipeline Company 1 A separate public notice of the application in (south to north flow), and then from Portland to the (ANR) has exceeded its certificated Docket No. CP96–809–000 is being issued Canadian border for 1999 service (provide access to maximum reservoir pressure in the concurrently with Docket No. CP96–178–002. Sable Island supply, north to south flow). 54430 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices to meet the 1997 in-service required, further notice of such hearing facilities is estimated to be $404 requirements for Maritimes & will be given. million.1 Northeast’s Phase I facilities. Maritimes Under the procedure herein provided Maritime & Northeast is a limited & Northeast requests the Commission for, unless otherwise advised, it will be liability company, organized and consider its 30-inch single-pipe unnecessary for Maritimes & Northeast existing under the laws of the state of alternative from Dracut to Wells in a to appear or be represented at the Delaware. Maritimes & Northeast’s timely manner in order that it may be hearing. members are M&N Management approved, if selected as the most Company, a wholly-owned subsidiary of Lois D. Cashell, desirable alternative, in time for the PanEnergy Corp; Westcoast Energy 1997 Phase I commencement of service. Secretary. (U.S.) Inc., a wholly-owned subsidiary The Commission Staff, however, [FR Doc. 96–26767 Filed 10–17–96; 8:45 am] of Westcoast Energy, Inc. and Mobile cannot establish a schedule for the BILLING CODE 6717±01±M Midstream Natural Gas Investment, Inc., proposed 30-inch pipeline alternative a wholly-owned subsidiary of Mobile until Maritimes & Northeast files Oil Corporation. additional certificate application [Docket No. CP96±809±000] Maritimes & Northeast proposes to exhibits. These are, in part, further construct the facilities in two stages; the Exhibit G—Flow Diagrams and Exhibit Maritimes & Northeast Pipeline, L.L.C.; 42.1 miles of 24-inch pipeline from K—Cost of Facilities. Further, Maritimes Notice of Application Wells, Maine to a point near & Northeast and PNGTS should file, as Cumberland Center, Maine, the Cousins soon as possible, the appropriate October 11, 1996. Island Lateral and the Westbrook Lateral agreements for the specific joint-use Take notice that on September 23, would be constructed in 1998 (these structure of a single-pipe alternative or 1996, Maritimes & Northeast Pipeline, facilities would cost about $63 million), joint-use right-of-way. Also, Maritimes L.L.C. (Maritimes & Northeast), c/o M&N and the remainder of the proposed & Northeast should clarify whether the Management Company, 1284 Soldiers facilities would be constructed in 1999 route for its 30-inch alternative is along Field Road, Boston, Massachusetts, (these facilities would cost about $341 the route currently being studied for its 02135, filed an application in Docket million). Maritimes & Northeast says 23-inch proposal, along the route No. CP96–809–000. The application that the facilities will have a design currently being studied for the PNGTS seeks authority under Section 7(c) of the delivery capacity of 440,000 MMBtu per proposal, or a combination of the two. Natural Gas Act (NGA) to construct, day. Any person desiring to be heard or to install, own, operate, and maintain a Maritimes & Northeast says that the make any protest with reference to said large-diameter natural gas pipeline proposed facilities constitute Phase II of application should on or before which would connect to Maritimes & the Maritimes & Northeast Pipeline November 4, 1996, file with the Federal Northeast’s proposed Phase I facilities Project, a natural gas transportation Energy Regulatory Commission, 888 near Wells, Maine and extend about 230 facility for the Sable Offshore Energy First Street, N.E., Washington, D.C. miles to a point near Woodland, Maine. Project (Sable Island). The Sable Island 20426, a motion to intervene or a protest Maritimes & Northeast also proposes to project is being developed by a in accordance with the requirements of construct certain natural gas consortium of United States and the Commission’s Rules of Practice and compression stations and other smaller Canadian energy companies and is Procedure (18 CFR 385.214 or 385.211) diameter natural gas pipeline laterals scheduled to make significant offshore and the regulations under the Natural and spurs. Maritimes & Northeast has supply available to eastern Canada and Gas Act (18 CFR 157.10). All protests also filed an application in Docket No. the northeastern United States in 1999. filed with the Commission will be CP96–810–000 for a Presidential Permit Maritimes & Northeast Pipeline Limited considered by it in determining the and authority under Section 3 of the Partnership, a New Brunswick, Canada appropriate action to be taken but will NGA to construct and operate certain limited partnership consisting of not serve to make the protestants parties international border facilities near Canadian affiliates of the members of to the proceeding. Any person wishing Woodland, Maine and St. Stephen, New Maritimes & Northeast, has filed an to become a party to a proceeding or to Brunswick, Canada. The details of application with the Canadian National participate as a party in any hearing Maritimes & Northeast’s proposal are Energy Board requesting regulatory therein must file a motion to intervene more fully set forth in the application authorizations necessary to construct in accordance with the Commission’s which is on file with the Commission the Canadian portion of the Phase II rules. and open to public inspection. facilities. Take further notice that pursuant to Maritimes & Northeast says that the the authority contained in and subject to Specifically Maritimes & Northeast need for firm natural gas transportation the jurisdiction conferred upon the proposes to construct about 229.6 miles capacity from Sable Island to the Maine, Commission by Sections 7 and 15 of the of 24-inch and 1.8 miles of 30-inch New Hampshire, Massachusetts and Natural Gas Act and the Commission’s mainline pipeline and two new other northeastern markets is evidenced Rules of Practice and Procedure, a mainline compressor stations. Each of by the precedent agreements executed hearing will be held without further the two proposed compressor stations by the parties and included as Exhibit notice before the Commission or its will have a horsepower rating of 15,580. I to the application. Maritimes & designee on this Application if no One is proposed to be located near Northeast says that these precedent petition to intervene is filed within the Richmond, Sagadahoc County, Maine time required herein or if the and the other is near Woodland, 1 As part of the 1998 and 1999 Facilities Commission on its own review of the Washington County, Maine. Maritimes, discussed above, Maritimes & Northeast proposes to & Northeast also proposes to build 154 construct, install, own, operate and maintain matter finds that a grant of the ancillary above-ground appurtenant facilities, application is required by the public miles of various pipeline laterals and including but not limited to, mainline crossover convenience and necessity. If a petition meter stations in Maine near Cousins and blowoff piping and valving, pressure regulating for leave to intervene is timely filed, or Island, Westbrook, Skowhegan, devices, gas metering equipment, cathodic protection devices, and launchers, receivers and if the Commission, on its own motion, Bucksport, Oldtown and Millinocket, associated piping and valves for internal inspection believes that a formal hearing is and Woodland. The total cost of these instruments and cleaning devices. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54431 agreements were signed as a result of an with the Department of Energy, Office of MN365. Maritimes & Northeast proposes open season it held on a non- Fossil Energy. that Rate Schedules MN151, MN90 and discriminatory basis from March 18, Maritimes & Northeast says that the MNOP be treated as negotiated rates, 1996 through April 17, 1996. From precise method of financing Phase II has subject to the treatment accorded in April 17, 1996 to June 30, 1996, not been determined, but that no Shell Gas Pipeline Company.2 Maritimes & Northeast says that it financing impediments are anticipated. Maximum and minimum rates are stated clarified the service requests and Maritimes & Northeast anticipates that on the tariff rate sheets for each such negotiated the terms and conditions of 25% of the required capital will be rate schedule in accordance with Shell. such services. In addition, Maritimes & furnished by the Members as equity and Maritimes & Northeast will record each Northeast continued to aggressively that 75% will consist of non-recourse or volume transported, billing market to potential customers who did limited recourse debt, initially raised determinant, rate component, surcharge, not participate in the open season with during the construction period and revenue associated with its the understanding that open season primarily from commercial banks and/ negotiated rates so that these may be participants returning executed or insurance companies. Maritimes & filed and separately identified, and precedent agreements by June 30, 1996, Northeast assumes that both the separately totaled, in all future rate case had first call on U.S. Facility capacity, construction and long-term debt will filings. and any remaining capacity would be bear interest at the rate of eight percent Finally, Maritimes & Northeast says contracted on a first-come, first-served (8.0%) and be retired over 20 years. that a uniform incremental lateral line basis. Thus, as of June 30, 1996, Maritimes & Northeast also proposes rate has been developed for seventeen shippers have now executed that its equity investment earn at the transportation on the laterals binding Precedent Agreements for long- rate of fourteen percent (14.0%). commencing in 1999. The lateral line term firm transportation service with Maritimes & Northeast says that the rate is designed to ensure that customers Maritimes & Northeast, thus fully proposed rates are straight-fixed- regarding service on lateral lines will subscribing the propose design capacity variable (SFV) rates and reflect a roll-in pay separate rates for that service of 440,000 MMBtu/d. of the Phase I costs. The rates are reflecting certain of the costs of that The precedent agreements were filed designed to recover the costs of the service in addition to the mainline rate. as privileged and confidential under facilities proposed herein over the life of Maritimes & Northeast says that the Section 388.112 of the Commission’s those facilities. Maritimes & Northeast pipeline and lateral routes are regulations. Maritimes & Northeast says that the rates for interim service environmentally sound and utilize however announced the names of its utilizing the 1998 Facilities will be rates existing rights-of-way corridors for proposed shippers and volumes negotiated at a level at or below the approximately 64% of the route. assigned to each shipper. Finally, maximum rates for Phase I. The cost of Further, Maritimes & Northeast says that Maritimes & Northeast says that Mobil all 1998 Facilities will be deferred and the environmental information provided Natural Gas Inc. (Mobil), an affiliate of rolled into total system costs, after a in Exhibits F–I through F–IV meets the Mobil and one of the major Sable Island credit (if any) for net revenues received technical requirements necessary for producers, has executed a twenty-year from shippers using the 1998 Facilities, Commission Staff to begin an backstop Precedent Agreement for all and will be used to develop the U.S. environmental analysis as defined in the capacity that is not subject to service Facilities rates to be effective when the Commission’s August 1995 ‘‘Guidance agreements entered into by other parties 1999 Facilities are placed in service. Manual for Environmental Report from the date of commencement of The proposed rates and charges for Preparation’’. However, Maritimes & Phase II service. This includes all services proposed to be rendered by Northeast has not provided the exact capacity made available in the future Maritimes & Northeast are set forth in its locations of the two compressor stations because of the termination of the pro forma FERC Gas Tariff, included in and the various above-ground facilities precedent agreements or service Exhibit P of the application. Maritimes proposed in the application. The agreements prior to the end of the & Northeast requests authorization to Commission Staff cannot establish a period of twenty years from the date of charge the rates referenced above as its schedule for completion of the commencement of Phase II service. initial rates. Services proposed to be environmental impact statement until However, Maritimes & Northeast will offered by Maritimes & Northeast that information is received. continue to try to market any and all include a 365-day firm transportation Furthermore, the Draft Environmental capacity that becomes available in spite service (MN365), 151-day and 90-day Impact Statement can not be issued of Mobil’s backstop agreement. firm seasonal services (MN151 and until after the cultural resources field Maritimes & Northeast says that the MN90) and firm off-peak service investigation report, and the major river Phase II shippers will be ultimately (MNOP). Interruptible service will be crossing plans (including the St. Croix responsible for obtaining the gas available under Rate Schedule MNIT. River importation point proposed in supplies to be transported through the Maritimes & Northeast says that the Docket No. CP96–810–000) are filed and Maritimes & Northeast facilities. Gas Phase II tariff, First Revised Volume No. analyzed. supplies needed for service through the 1, is based upon the Phase I tariff, with Maritimes & Northeast also filed 1998 Facilities will be available from certain modifications to reflect the certain exhibits describing a 30-inch the North American pipeline grid at interconnection of the facilities of single-pipe alternative that it seeks to negotiated prices. Maritimes & Maritimes & Northeast with the construct from Dracut, Massachusetts to Northeast says that commencing Canadian facilities at the international a proposed interconnection with the November, 1999, all of the Phase II border and to reflect certain changes Portland Natural Gas Transmission Facilities will be in service providing required by the Commission’s July 31, System (PNGTS) near Portland Maine. customers access to natural gas from 1996, Preliminary Determination for Maritimes & Northeast says that its 30- Sable Island. Maritimes & Northeast also Phase I. inch single-pipe alternative is designed says that it has concurrently filed a Maritimes & Northeast proposes that request for blanket import and export Rate Schedule MN365 be a recourse rate 2 See Order Issuing Blanket Certificate in Docket authorization on behalf of its shippers schedule for Phase II. Costs have been No. CP96–159–002 on July 31, 1996 at 76 FERC and for itself for operational purposes allocated to service under Rate Schedule ¶ 61,126. 54432 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices to accommodate service to PNGTS (or Commission on its own review of the a wholly-owned subsidiary of Mobil Oil other arrangements such as a joint matter finds that a grant of the Corporation. pipeline or common right-of-way) and application is required by the public Maritimes & Northeast says that the to meet the 1997 in-service convenience and necessity. If a petition proposed border facilities will connect requirements for Maritimes & for leave to intervene is timely filed, or Maritimes & Northeast’s proposed Northeast’s Phase I facilities. Maritimes if the Commission, on its own motion, United States Phase II facilities with the & Northeast requests the Commission believes that a formal hearing is Canadian facilities to be constructed by consider its 30-inch single-pipe required, further notice of such hearing Maritimes & Northeast’s Canadian alternative from Dracut to Portland in a will be given. affiliate, Maritimes & Northeast Pipeline timely manner in order that it may be Under the procedure herein provided Limited Partnership (‘‘M & N Limited approved, if selected as the most for, unless otherwise advised, it will be Partnership’’). Authority to construct desirable alternative, in time for the unnecessary for Maritimes & Northeast Maritimes & Northeast’s proposed 1997 Phase I commencement of service. to appear or be represented at the United States Phase II facilities has been However, the Commission has docketed hearing. requested under Section 7 of the NGA as Docket No. CP96–178–002, the Lois D. Cashell, in an application filed Dracut to Wells part of this request as Secretary. contemporaneously in Docket No. an amendment to Maritimes & [FR Doc. 96–26768 Filed 10–17–96; 8:45 am] CP96–809–000. Northeast’s Phase I application.3 The BILLING CODE 6717±01±M Maritimes & Northeast says that the Commission Staff is unable to establish specific facilities proposed to be a schedule for this request unless constructed at the above-described point Maritimes & Northeast files additional [Docket No. CP96±810±000] on the United States-Canada pipeline certificate exhibits concerning International Border will consist of the the amendment and further information Maritimes & Northeast Pipeline, L.L.C.; following: about the specific nature of the shared Notice of Application for Authorization (1) about 400 feet of 30-inch diameter use of a single pipeline or right-of-way. To Construct, Operate and Maintain high-pressure pipeline placed at a depth Any person desiring to be heard or to Border Facilities and for Presidential not less than five feet beneath the river make any protest with reference to said Permit bed of the St. Croix River, application should on or before (2) associated valving on each side of November 4, 1996, file with the Federal October 11, 1996. Take notice that on September 23, the river, and Energy Regulatory Commission, 888 (3) check-meter facilities located First Street, N.E., Washington, D.C. 1996, Maritimes & Northeast Pipeline, L.L.C. (Maritimes & Northeast), c/o M&N approximately 1.8 miles from the border 20426, a motion to intervene or a protest on the United States side. in accordance with the requirements of Management Company, 1284 Soldiers the Commission’s Rules of Practice and Field Road, Boston, Massachusetts, However, Maritimes & Northeast has not Procedure (18 CFR 385.214 or 385.211) 02135, filed an application in Docket provided site specific river crossing and the regulations under the Natural No. CP96–810–000. The application environmental information. The Gas Act (18 CFR 157.10). All protests seeks authorization to site, construct, Commission Staff cannot establish a filed with the Commission will be operate and maintain pipeline facilities schedule for completion of its considered by it in determining the at the United States-Canada environmental review until that appropriate action to be taken but will International Boundary near Woodland, information is received. not serve to make the protestants parties Maine and St. Stephen, New Brunswick, Any person desiring to be heard or to to the proceeding. Any person wishing Canada. A Presidential Permit for these make any protest with reference to said to become a party to a proceeding or to border facilities is sought under application should on or before participate as a party in any hearing Executive Order No. 10485, as amended November 4, 1996, file with the Federal therein must file a motion to intervene by Executive Order No. 12038, Secretary Energy Regulatory Commission, 888 in accordance with the Commission’s of Energy Delegation Order No. 0204– First Street, NE, Washington, D.C. rules. 112 and Sections 153.10 through 153.12 20426, a motion to intervene or a protest Take further notice that pursuant to for the Commission’s regulations. in accordance with the requirements of the authority contained in and subject to Section 3 authorization to site, the Commission’s Rules of Practice and the jurisdiction conferred upon the construct, operate and maintain Procedure (18 CFR 385.214 or 385.211). Commission by Sections 7 and 15 of the facilities is sought under Section 3 of All protests filed with the Commission Natural Gas Act and the Commission’s the Natural Gas Act (NGA), Secretary of will be considered by it in determining Rules of Practice and Procedure, a Energy Delegation Order No. 0204–112 the appropriate action to be taken but hearing will be held without further and Sections 153.1 through 153.8 of the will not serve to make the protestants notice before the Commission or its Commission’s Regulations. The details parties to the proceeding. Any person designee on this Application if no of Maritimes & Northeast’s proposal are wishing to become a party to a petition to intervene is filed within the more fully set forth in the application proceeding or to participate as a party time required herein or if the which is on file with the Commission in any hearing therein must file a and open to public inspection. motion to intervene in accordance with 3 The amendment was included in parts of the Maritimes & Northeast is a limited the Commission’s Rules. text and exhibits filed by Maritimes and Northeast liability company, organized and Take further notice that, pursuant to in this filing, (Docket No. CP96–809–000). The existing under the laws of the state of the authority contained in and subject to Commission will sever those parts of the text and exhibits and treat them as an amendment to Phase Delaware. Maritimes & Northeast’s jurisdiction conferred upon the Federal I. Hereafter, filings concerning the 30-inch single members are M&N Management Energy Regulatory Commission by pipeline alternative for the distance from Dracut to Company, a wholly-owned subsidiary of Sections 3 and 15 of the Natural Gas Act Wells should be filed under Docket No. CP96–178– PanEnergy Corp; Westcoast Energy and the Commission’s Rules of Practice 002. Filings concerning the 30-inch pipeline alternative from Wells to Cumberland/Portland, (U.S.) Inc., a wholly-owned subsidiary and Procedure, a hearing will be held Maine will be considered in this case, (Docket No. of Westcoast Energy, Inc. and Mobil without further notice before the CP96–809–000). Midstream Natural Gas Investment, Inc., Commission or its designee on this Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54433 application if no motion to intervene is certificate issued in Docket No. CP82– allowing it to include in any cost-of- filed within the time required herein, if 401–000, pursuant to Section 7(c) of the service computations justifying the rates the Commission on its own review of Natural Gas Act, all as more fully set to be charged by Rio Grande the full the matter finds that a grant of the forth in the request that is on file with purchase price of a refined products certificate is required by the public the Commission and open to public pipeline (the acquired line), to which it convenience and necessity. If a motion inspection. has acquired title and will refurbish, for leave to intervene is timely filed, or Northern proposes to install and convert, and utilize as part of a new if the Commission on its own motion operate a new delivery tap in Ellis natural gas liquid pipeline—Rio Grande believes that a formal hearing is County, Oklahoma, to accommodate Pipeline (the new NGL line). Rio Grande required, further notice of such hearing interruptible natural gas deliveries to states that the new NGL line will will be given. GPM. Northern states they will install a constitute a new public use of the Under the procedure herein provided tee and valve at the site of the proposed acquired line and will result in a wide for, unless otherwise advised, it will be delivery tap. GPM states they will range of benefits to ratepayers, which unnecessary for Maritimes & Northeast install a meter, construct, own, and will include, but are not limited to, to appear or be represented at the operate the nonjurisdictional facilities reduced transportation costs and more hearing. downstream of Northern’s existing first reliable transportation service. Lois D. Cashell, above ground valve. GPM has requested Rio Grande requests that the Secretary. the construction of the proposed Commission handle this matter on an [FR Doc. 96–26769 Filed 10–17–96; 8:45 am] delivery tap to provide compressor fuel expedited basis and shorten the 30 day BILLING CODE 6717±01±M and starting gas for use at its plant. notice provision in Rule 213(d)(2)(ii) of Northern advises that the proposed the Commission’s Rules of Practice and volumes to be delivered for GPM at the Procedure to 20 days. Rio Grande [Docket No. CP96±53±000] proposed delivery tap are 2,000 MMBtu requests that the Commission render a on a peak day and 20,000 MMBtu on an decision on this petition as soon as NE HUB Partners, L.P.; Notice of Site annual basis. Northern estimates the possible, but no later than December 31, Visit for the Proposed NE HUB Tioga cost of constructing the proposed 1996. Storage Project delivery tap to be $6,000. Northern Any person desiring to be heard or to October 11, 1996. states GPM will reimburse them for the protest said filing should file a motion On October 23 and 24, 1996, the total cost of construction. to intervene or protest with the Federal Office of Pipeline Regulation staff will Any person or the Commission’s staff Energy Regulatory Commission, 888 conduct a site visit with representatives may, within 45 days after issuance of First Street, NE., Washington, DC 20426, of NE HUB Partners, L.P. of the the instant notice by the Commission, in accordance with 18 CFR 385.211 of locations related to the facilities file pursuant to Rule 214 of the the Commission’s Rules and proposed in the NE Hub Tioga Storage Commission’s Procedural Rules (18 CFR Regulations. All such motions or Project in Tioga County, Pennsylvania. 385.214) a motion to intervene or notice protests should be filed on or before All interested parties may attend. Those of intervention and pursuant to Section October 31, 1996. Protests will be planning to attend must provide their 157.205 of the Regulations under the considered by the Commission in own transportation. Natural Gas Act (18 CFR 157.205) a determining the appropriate action to be Information about the proposed protest to the request. If no protest is taken, but will not serve to make project is available from Mr. John filed within the time allowed therefor, protestants parties to the proceeding. Wisniewski, Project Manager, at (202) the proposed activity shall be deemed to Any person wishing to become a party 208–1073. be authorized effective the day after the must file a motion to intervene. Copies Lois D. Cashell, time allowed for filing a protest. If a of this filing are on file with the Secretary. protest is filed and not withdrawn Commission and are available for public [FR Doc. 96–26726 Filed 10–17–96; 8:45 am] within 30 days after the time allowed inspection in the public reference room. for filing a protest, the instant request BILLING CODE 6717±01±M Lois D. Cashell, shall be treated as an application for Secretary. authorization pursuant to Section 7 of [FR Doc. 96–26731 Filed 10–17–96; 8:45 am] [Docket No. CP97±12±000] the Natural Gas Act. BILLING CODE 6717±01±M Lois D. Cashell, Northern Natural Gas Company; Notice Secretary. of Request Under Blanket [Docket No. ER96±2498±000, et al.] Authorization [FR Doc. 96–26727 Filed 10–17–96; 8:45 am] BILLING CODE 6717±01±M Carolina Power & Light Company, et October 11, 1996. al.; Electric Rate and Corporate Take notice that on October 4, 1996, Regulation Filings Northern Natural Gas Company [Docket No. OR97±1±000] (Northern), P.O. Box 3330, Omaha, Rio Grande Pipeline Company; Notice October 10, 1996. Nebraska 68103–0330, filed in Docket of Petition for Declaratory Order Take notice that the following filings No. CP97–12–000 a request pursuant to have been made with the Commission: Sections 157.205 and 157.212 of the October 11, 1996. 1. Carolina Power & Light Company Commission’s Regulations under the Take notice that on October 7, 1996, Natural Gas Act (18 CFR 157.205, Rio Grand Pipeline Company (Rio [Docket No. ER96–2498–000] 157.212) for authorization to install and Grande) pursuant to Rule 207(a)(2) of Take notice that on October 3, 1996, operate a new delivery tap, located in the Commission’s Rules of Practice and Carolina Power & Light Company Ellis County, Oklahoma, to Procedure, filed a petition for amended the original filing made in this accommodate interruptible natural gas declaratory order. docket on July 20, 1996. deliveries to GPM Gas Corporation Rio Grande requests that the Copies of the filing were served upon (GPM) under Northern’s blanket Commission issue a declaratory order the North Carolina Utilities Commission 54434 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices and the South Carolina Public Service Comment date: October 24, 1996, in 9. Interstate Power Company Commission. accordance with Standard Paragraph E [Docket No. ER97–6–000] Comment date: October 23, 1996, in at the end of this notice. Take notice that on October 1, 1996, accordance with Standard Paragraph E 5. Consolidated Edison Company of Interstate Power Company (IPW), at the end of this notice. New York, Inc. tendered for filing a Transmission 2. Strategic Energy Ltd. [Docket No. ER97–2–000] Service Agreement between IPW and [Docket No. ER96–3107–000] Minnesota Power & Light Company Take notice that on October 1, 1996, (Minnesota Power). Under the Take notice that on September 27, Consolidated Edison Company of New Transmission Service Agreement, IPW 1996, Strategic Energy Ltd. tendered for York, Inc. (Con Edison), tendered for will provide non-firm point-to-point filing an Application for Blanket filing an agreement with USGen Power transmission service to Minnesota Authorizations, Certain Waivers, and Services, L.P. (USGen) to provide for the Power. Order Approving Rate Schedule. sale of energy and capacity. For energy Comment date: October 24, 1996, in Comment date: October 23, 1996, in the ceiling rate is 100 percent of the accordance with Standard Paragraph E accordance with Standard Paragraph E incremental energy cost plus up to 10 at the end of this notice. at the end of this notice. percent of the SIC (where such 10 percent is limited to 1 mill per Kwhr 10. The Washington Water Power 3. Niagara Mohawk Power Corporation when the SIC in the hour reflects a Company [Docket No. ER96–3157–000] purchased power resource). The ceiling [Docket No. ER97–7–000] Take notice that on September 30, rate for capacity is $7.70 per megawatt Take notice that on October 1, 1996, 1996, Niagara Mohawk Power hour. Energy ad capacity sold by USGen The Washington Water Power Company Corporation (Niagara Mohawk), will be at market-based rates. (WWP), tendered for filing pursuant to tendered for filing, pursuant to Section Con Edison states that a copy of this 18 CFR 385.205, proposed market-based 205 of the Federal Power Act, a tariff for filing has been served by mail upon rate tariff set forth as its FERC Electric inter-connection services between USGen. Rate Schedule No. 9 to be effective the Niagara Mohawk and Megan-Racine Comment date: October 24, 1996, in earlier of October 1, 1996 or the date the Associates, Inc. (Megan-Racine). accordance with Standard Paragraph E Commission issues an Order in this Niagara Mohawk states that copies of at the end of this notice. Docket. its filing have been provided to Megan- 6. The Toledo Edison Company WWP intends to engage in electric Racine and to the New York Public power and energy transactions on rates, Service Commission. [Docket No. ER97–3–000] terms, and conditions to be mutually Comment date: October 24, 1996, in Take notice that on October 1, 1996, agreed to with the purchasing party. accordance with Standard Paragraph E The Toledo Edison Company filed an WWP is proposing to add these market- at the end of this notice. agreement for payment of a contribution based rate tariffs to its already existing in aid of construction by a wholesale 4. Northern States Power Company FERC tariffs. Service provided under electric service customer, American (Wisconsin) existing tariffs is not expected to be Municipal Power-Ohio, Inc., to The eliminated. [Docket No. ER97–1–000] Toledo Edison Company. Comment date: October 24, 1996, in Take notice that on October 1, 1996, Comment date: October 24, 1996, in accordance with Standard Paragraph E Northern States Power Company, Eau accordance with Standard Paragraph E at the end of this notice. Claire, Wisconsin (NSPW), tendered for at the end of this notice. 11. Interstate Power Company filing the following document: 7. Florida Power & Light Company Power and Energy Supply Agreement [Docket No. ER97–8–000] by and between the Village of Bangor, [Docket No. ER97–4–000] Take notice that on October 1, 1996, Wisconsin, and NSPW dated July 9, Take notice that on October 1, 1996, Interstate Power Company (IPW), 1996. The Village currently purchases Florida Power & Light Company (FPL) tendered for filing a Transmission power and energy from NSPW under a filed the Contract for Purchases and Service Agreement between IPW and Power and Energy Supply Agreement Sales of Power and Energy between FPL WPS Energy Services, Inc. Under the dated April 1, 1992, as amended by a and TransCanada Power Corp. FPL Transmission Service Agreement, IPW First Amendment to Power and Energy requests an effective date of October 4, will provide non-firm point-to-point Supply Agreement dated May 30, 1994. 1996. transmission service to WPS Energy NSPW submitted a Certificate of Comment date: October 24, 1996, in Services, Inc. Concurrence, dated September 20, 1996, accordance with Standard Paragraph E Comment date: October 24, 1996, in on behalf of the Village of Bangor. at the end of this notice. accordance with Standard Paragraph E at the end of this notice. NSPW requests an effective date of 8. Washington Water Power November 1, 1996. NSPW states that 12. Cinergy Services, Inc. under this new agreement, the Village of [Docket No. ER97–5–000] Bangor will be entitled to discounts Take notice that on October 1, 1996, [Docket No. ER97–9–000] from NSPW’s currently effective W–1 Washington Water Power, tendered for Take notice that on October 1, 1996, rate and that such discounts are being filing with the Federal Energy PSI Energy, Inc. (PSI), tendered for filing offered to all of its wholesale electric Regulatory Commission pursuant to 18 the Transmission and Local Facilities customers. The agreement contains a CFR 35.13, two service agreements (T&LF) Agreement Calendar Year 1995 provision allowing the customer to under FERC Electric Tariff Volume No. Reconciliation between PSI and Wabash obtain a negotiated rate upon two years 4 with McMinnville Water & Light and Valley Power Association, Inc. (WVPA), prior notice. Benton County PUD. and between PSI and Indiana Municipal A copy of the filing was served upon Comment date: October 24, 1996, in Power Agency (IMPA). The T&LF the Village of Bangor and the State of accordance with Standard Paragraph E Agreement has been designated as PSI’s Wisconsin Public Service Commission. at the end of this notice. Rate Schedule FERC No. 253. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54435

Copies of the filing were served on cancellation of an umbrella service transactions under which NMPC will Wabash Valley Power Association, Inc., agreement with Valero Power Services provide transmission service for the Indiana Municipal Power Agency Company for Firm Short-Term TransCanada Power Corp. as the parties and the Indiana Utility Regulatory transmission service under FPL’s Open may mutually agree. Commission. Access Transmission Tariff. In its filing letter, NMPC also Comment date: October 24, 1996, in FPL requests that the proposed included a Certificate of Concurrence accordance with Standard Paragraph E cancellation be permitted to become executed by the customer. at the end of this notice. effective on October 1, 1996. NMPC requests an effective date of FPL states that this filing is in September 23, 1996. NMPC has 13. Houston Lighting & Power Company accordance with Part 35 of the requested waiver of the notice [Docket No. ER97–10–000] Commission’s Regulations. requirements for good cause shown. Take notice that on October 1, 1996, Comment date: October 24, 1996, in NMPC has served copies of the filing Houston Lighting & Power Company accordance with Standard Paragraph E upon the New York State Public Service (HL&P), tendered for filing an executed at the end of this notice. Commission and TransCanada Power Corp. transmission service agreement (TSA) 17. Florida Power Corporation with Sonat Power Marketing L.P. for Comment date: October 24, 1996, in Economy Energy Transmission Service [Docket No. ER97–14–000] accordance with Standard Paragraph E under HL&P’s FERC Electric Tariff, Take notice that on October 2, 1996, at the end of this notice. Original Volume No. 1, for Florida Power Corporation (Florida 20. Niagara Mohawk Power Transmission Service To, From and Power), tendered for filing a service Corporation Over Certain HVDC Interconnections. agreement providing for service to HL&P has requested an effective date of Progress Power Marketing, Inc. pursuant [Docket No. ER97–17–000] September 4, 1996. to its open access transmission tariff Take notice that on October 2, 1996, Copies of the filing were served on (the T–6 Tariff). Florida Power requests Niagara Mohawk Power Corporation Sonat and the Public Utility that the Commission waive its notice of (NMPC), tendered for filing with the Commission of Texas. filing requirements and allow the Federal Energy Regulatory Commission Comment date: October 24, 1996, in agreement to become effective on an executed Transmission Service accordance with Standard Paragraph E October 3, 1996. Agreement between NMPC and Western at the end of this notice. Comment date: October 24, 1996, in Power Services, Inc. This Transmission accordance with Standard Paragraph E 14. The Toledo Edison Company Service Agreement specifies that at the end of this notice. Western Power Services, Inc. has signed [Docket No. ER97–11–000] 18. Florida Power Corporation on to and has agreed to the terms and Take notice that on October 2, 1996, conditions of NMPC’s Open Access The Toledo Edison Company, filed an [Docket No. ER97–15–000] Transmission Tariff as filed in Docket agreement for payment of a contribution Take notice that on October 2, 1996, No. OA96–194–000. This Tariff, filed in aid of construction by a wholesale Florida Power Corporation (Florida with FERC on July 9, 1996, will allow electric service customer, Buckeye Power), tendered for filing a service NMPC and Western Power Services, Inc. Power Inc., to The Toledo Edison agreement providing for service to CNG to enter into separately scheduled Company. Power Services Corporation pursuant to transactions under which NMPC will Comment date: October 24, 1996, in its open access transmission tariff (the provide transmission service for accordance with Standard Paragraph E T–6 Tariff). Florida Power requests that Western Power Services, Inc. as the at the end of this notice. the Commission waive its notice of parties may mutually agree. In its filing letter, NMPC also 15. Florida Power & Light Company filing requirements and allow the agreement to become effective on included a Certificate of Concurrence [Docket No. ER97–12–000] October 3, 1996. executed by the customer. Take notice that on October 2, 1996, Comment date: October 24, 1996, in NMPC requests an effective date of Florida Power & Light Company, filed a accordance with Standard Paragraph E September 23, 1996, NMPC has letter notice dated September 24, 1996, at the end of this notice. requested waiver of the notice from Florida Keys Electric Cooperative requirements for good cause shown. 19. Niagara Mohawk Power Association, Inc. to FPL. This letter NMPC has served copies of the filing Corporation contains information provided pursuant upon the New York State Public Service to Section 11.1 of the Long-Term [Docket No. ER97–16–000] Commission and Western Power Agreement to Provide Capacity and Take notice that on October 2, 1996, Services, Inc. Energy by Florida Power & Light Niagara Mohawk Power Corporation Comment date: October 24, 1996, in Company to Florida Keys Electric (NMPC), tendered for filing with the accordance with Standard Paragraph E Cooperative Association, Inc., dated Federal Energy Regulatory Commission at the end of this notice. August 15, 1991. FPL requests that the an executed Transmission Service 21. P&T Power Company proposed notice be made effective Agreement between NMPC and January 1, 1997. TransCanada Power Corp. This [Docket No. ER97–18–000] Comment date: October 24, 1996, in Transmission Service Agreement Take notice that on October 2, 1996, accordance with Standard Paragraph E specifies that TransCanada Power Corp. P&T Power Company (P&T), tendered at the end of this notice. has signed on to and has agreed to the for filing FERC Electric Service Rating 16. Florida Power & Light Company terms and conditions of NMPC’s Open Schedule No. 1, together with a petition Access Transmission Tariff as filed in for waivers and blanket approvals of [Docket No. ER97–13–000] Docket No. OA96–194–000. This Tariff, various Commission Regulations Take notice that on October 2, 1996, filed with FERC on July 9, 1996, will necessary for such Rate Schedule to Florida Power & Light Company (FPL), allow NMPC and TransCanada Power become effective 51 days after the date tendered for filing a proposed notice of Corp. to enter into separately scheduled of filing. 54436 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

P&T states that it intends to engage in f. Filed Pursuant to: Federal Power application. A copy of the application electric power and energy transactions Act, 16 USC §§ 791–825(r). may be obtained by agencies directly as a marketer, and that it proposed to g. Applicants Contact: Stephen E. from the Applicant. If an agency does make sales under rates, terms and Champagne, Esq., Curtis Thaxter not file comments within the time conditions to be mutually agreed to with Stevens Broder & Micoleau, LLC, One specified for filing comments, it will be the purchasing party. P&T further states Canal Plaza, P.O. Box 7320, Portland, presumed to have no comments. One that it is not in the business of ME 04112, (207) 775–2361. copy of an agency’s comments must also generating, transmitting or distributing h. FERC Contact: Regina Saizan, (202) be sent to the Applicant’s electric power. 219–2673. representatives. Comment date: October 24, 1996, in i. Comment Date: November 6, 1996. Lois D. Cashell, j. Description of Request: accordance with Standard Paragraph E Secretary. at the end of this notice. Consolidated Hydro Maine, Inc. (Consolidated), licensee for the above [FR Doc. 96–26732 Filed 10–17–96; 8:45 am] Standard Paragraph projects, and Ridgewood Maine Hydro BILLING CODE 6717±01±M E. Any person desiring to be heard or Partners, L.P. (Ridgewood) request that to protest said filing should file a the licenses for the projects be motion to intervene or protest with the transferred from Consolidated to ENVIRONMENTAL PROTECTION Federal Energy Regulatory Commission, Ridgewood. Consolidated is being AGENCY 888 First Street, N.E., Washington, D.C. merged into Ridgewood to facilitate a [FRL±5637±7] 20426, in accordance with Rules 211 change in the beneficial interest in the and 214 of the Commission’s Rules of projects. There is no debt associated Contractor Access to Confidential Practice and Procedure (18 CFR 385.211 with the mergers. Business Information Under the Clean and 18 CFR 385.214). All such motions k. This notice also consists of the Air Act following standard paragraphs: B, C2, or protests should be filed on or before AGENCY: Environmental Protection the comment date. Protests will be and D2. B. Comments, Protests, or Motions to Agency (EPA). considered by the Commission in Intervene—Anyone may submit ACTION: Notice. determining the appropriate action to be comments, a protest, or a motion to taken, but will not serve to make SUMMARY: intervene in accordance with the The EPA has authorized the protestants parties to the proceeding. requirements of Rules of Practice and following contractors for access to Any person wishing to become a party Procedure, 18 CFR 385.210, .211, .214. information that has been, or will be, must file a motion to intervene. Copies In determining the appropriate action to submitted to EPA under section 114 of of this filing are on file with the take, the Commission will consider all the Clean Air Act (CAA) as amended. (1) Commission and are available for public protests or other comments filed, but Environmental Consulting and Research inspection. only those who file a motion to (EC/R) Incorporated, 3721–D University Lois D. Cashell, intervene in accordance with the Drive, Durham, North Carolina 27707, Secretary. Commission’s Rules may become a contract number 68D60010; (2) Eastern [FR Doc. 96–26766 Filed 10–17–96; 8:45 am] party to the proceeding. Any comments, Research Group (ERG) Incorporated, 1600 Perimeter Park, Morrisville, NC BILLING CODE 6717±01±P protests, or motions to intervene must be received on or before the specified 27560, contract number 68D60011; (3) comment date for the particular Midwest Research Institute (MRI), Suite Notice of Transfer of Licenses application. 350, 401 Harrison Oaks Boulevard, Cary, C2. Filing and Service of Responsive NC 27513, contract number 68D60012; October 11, 1996. (4) Pacific Environmental Services Take notice that the following Documents—Any filings must bear in all capital letters the title (PES), 5001 South Miami Boulevard, hydroelectric application has been filed Central Park West, Research Triangle with the Commission and is available ‘‘COMMENTS,’’ ‘‘RECOMMENDATIONS FOR TERMS Park, NC 27709, contract number for public inspection: 68D60013; (5) Research Triangle a. Type of Application: Transfer of AND CONDITIONS,’’ ‘‘NOTICE OF INTENT TO FILE COMPETING Institute (RTI), P.O. Box 12194, Licenses. Research Triangle Park, NC 27709, b. Project Nos.: 2808–009, 2809–010, APPLICATION,’’ ‘‘COMPETING APPLICATION,’’ ‘‘PROTEST,’’ or contract number 68D60014. 3562–018, and 4202–017. Some of the information may be c. Date Filed: September 25, 1996. ‘‘MOTION TO INTERVENE,’’ as applicable, and the Project Number of claimed to be confidential business d. Applicants: Consolidated Hydro information (CBI) by the submitter. Maine, Inc., Ridgewood Maine Hydro the particular application to which the DATES: Access to confidential data Partners, L.P. filing refers. Any of these documents must be filed by providing the original submitted to EPA will occur no sooner e. Name of Projects and Locations: than October 28, 1996. Barker’s Mill ‘‘Lower Barker’’, on the and the number of copies provided by the Commission’s regulations to: The FOR FURTHER INFORMATION CONTACT: Little Androscoggin River, in Doris Maxwell, Document Control Androscoggin County, Maine Secretary, Federal Energy Regulatory Commission, 888 First Street, N.E., Officer, Office of Air Quality Planning American Tissue ‘‘Gardiner’’, on the Washington, D.C. 20426. A copy of a and Standards (MD–13), U.S. Cobbosseecontee Stream, in notice of intent, competing application, Environmental Protection Agency, Kennebec County, Maine or motion to intervene must also be Research Triangle Park, North Carolina Barker Mill ‘‘Upper Barker’’, on the served upon each representative of the 27711, (919) 541–5312. Little Androscoggin River, in Applicant specified in the particular SUPPLEMENTARY INFORMATION: The EPA Androscoggin County, Maine application. is issuing this notice to inform all Lowell Tanner ‘‘Pumpkin Hill’’, on D2. Agency Comments—Federal, submitters of information under section the Passadumkeag River, in state, and local agencies are invited to 114 of the CAA that EPA may provide Penobscot County, Maine file comments on the described the above mentioned contractors access Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54437 to these materials on a need-to-know 1996, Contact: Steve Patterson (208) Albany and Dougherty Counties, GA, basis. These contractors will provide 364–7400. Due: November 18, 1996, Contact: technical support to the Office of Air EIS No. 960481, Draft EIS, FHW, WV, Todd Davison (404) 853–4401. Quality Planning and Standards WV–9 Corridor Transportation EIS No. 960490, Draft EIS, BLM, UT, (OAQPS) in economic impact Improvements, Berkeley Spring to Price Coalbed Methane Gas Resources assessment for Federal Air Pollution Martinsburg, Morgan and Berkeley Project, Construction, Federal and Control Regulations. Counties, WV, Due: December 13, Non-Federal Lands, Permit-to-Drill In accordance with 40 CFR 2.301(h), 1996, Contact: David A. Leighow Applications, Right-of-Way Grants EPA has determined that each (304) 347–5268. and COE Section 404 Permits, Carbon contractor requires access to CBI EIS No. 960482, Draft EIS, NPS, WA, and Emery Counties, UT, Due: submitted to EPA under sections 112 Lake Crescent Management Plan, December 2, 1996, Contact: Dary and 114 of the CAA in order to perform Implementation, Olympic National Trotter (801) 259–6111. work satisfactorily under the above Park, WA, Due: December 17, 1996, EIS No. 960491, Final EIS, USA, AR, noted contracts. The contractors’ Contact: Joe Dunstan (206) 220–4273. Disposal of Chemical Agents and personnel will be given access to EIS No. 960483, Draft EIS, AFS, UT, Munitions Stored at Pine Bluff information submitted under section Alta Ski Area Master Development Arsenal, Construction and Operation, 114 of the CAA. Some of the Plan Update Approval, Special-Use- Approval of Permits, Jefferson information may be claimed or Permit and COE Permits Issuance, County, AR, Due: November 18, 1996, determined to be CBI. The contractors’ Wasatch-Cache National Forest, Salt Contact: Trent Motley (800) 488–0648. personnel will be required to sign Lake Ranger District, Salt Lake EIS No. 960492, Final EIS, COE, LA, nondisclosure agreements and will be County, UT, Due: December 2, 1996, Estelle Plantation Partnership briefed on appropriate security Contact: Robert Cruz (801) 943–9438. Municipal Golf Course and Housing procedures before they are permitted EIS No. 960484, Final EIS, BLM, NV, Development, Implementation, access to CBI. All contractor access to Talapoosa Gold Mine Project, Jefferson Parish, LA, Due: November 18, 1996, Contact: Bob Martinson CAA CBI will take place at the Construction and Operation, Plan of (504) 862–2582. contractors’ facility. Each contractor Operations Approval, Special-Use- Permit and COE Section 404 Permit EIS No. 960493, Final EIS, FHW, MI, M– will have appropriate procedures and 84 Reconstruction Transportation facilities in place to safeguard the CAA Issuance, Silver Springs, Lyon County, NV, Due: November 18, 1996, Project, Titabawassee Road and CBI to which the contractor has access. Euclid Avenue, Funding, COE Section Clearance for access to CAA CBI is Contact: Ron Moore (702) 885–6000. EIS No. 960485, Final AL EIS, COE, FL, 10 and 404 Permits, Bay City, Bay and scheduled to expire on September 30, Brevard County Shore Protection Saginaw Counties, MI, Due: 1998 under contract 68D40099 and on Study, Implementation, Beach November 18, 1996, Contact: J.A. September 30, 1997 under contract Restoration Project, Brevard County, Kirschensteiner (517) 377–1880. 68D40107. FL, Due: November 18, 1996, Contact: EIS No. 960494, Draft EIS, AFS, ID, Dated: October 9, 1996. Michael Dupes (904) 232–1689. Middle Fork Analysis Area Mary D. Nichols, EIS No. 960486, Final EIS, AFS, NV, Management Plan, Implementation, Assistant Administrator for Air and Spring Mountains National Recreation Nez Perce National Forest, Selway Radiation. Area General Management Plan, Ranger District, Idaho County, ID, [FR Doc. 96–26817 Filed 10–17–96; 8:45 am] Toiyabe National Forest Land and Due: December 2, 1996, Contact: BILLING CODE 6560±50±P Resource Management Plan, Jerome A. Bird (208) 926–4258. Amendment, Implementation, Clark Amended Notices and Nye Counties, NV, Due: EIS No. 960441, Final EIS, FHW, UT, [ER±FRL±5473±9] November 18, 1996, Contact: Alan Pinkerton (702) 873–8800. US 89 Corridor Transportation Environmental Impact Statements; EIS No. 960487, Final EIS, DOE, NV, Improvements, I–15/Farmington to Notice of Availability Nevada Test Site (NTS) and Off-Site Harrison Boulevard/South Ogden, Locations, Implementation, at the Funding, COE Section 404 and Responsible Agency: Office of Federal Following Sites: Tonopah Test Range; NPDES Permits, Davis and Weber Activities, General Information (202) Portions of the Nellis Air Force Range Counties, UT, Due: October 28, 1996, 564–7167 or (202) 564–7153. (NAFR) Complex; the Central Nevada Contact: William R. Gedris (801) 399– Weekly receipt of Environmental Test Area and Shoal Area Project, Nye 5921. Published FR 09–27–96 Impact Statements Filed October 7, 1996 County, NV, Due: November 18, 1996, Correction to EIS Title and Telephone Through October 11, 1996 Pursuant to Contact: Bob Golden (702) 295–4652. Number for Contact Person. 40 CFR 1506.9. EIS No. 960488, Draft Supplement, Dated: October 15, 1996. EIS No. 960479, Final EIS, IBR, CA, NOA, Fishery Management Plan William D. Dickerson, American River Bridge Crossing (FMP) for the Shrimp Fishery of the Director, NEPA Compliance Division, Office Project, Construction and Roadway Gulf of Mexico, US Waters, of Federal Activities. Improvement, Funding, Right-of-Way Amendment 9 concerning Reduction [FR Doc. 96–26819 Filed 10–17–96; 8:45 am] Approval, Coast Guard Bridge Permit of Unwanted Bycatch of Juvenile Red BILLING CODE 6560±50±U and COE Section 404 Permit, City of Snapper with Ancillary Benefits to Folsom, Sacramento County, CA, Due: Other Finfish Species, November 18, 1996, Contact: Doug Implementation, MXG, Due: [ER±FRL±5474±1] Kleinsmith (916) 979–2482. December 2, 1996, Contact: Wayne E. Environmental Impact Statements and EIS No. 960480, Draft EIS, AFS, ID, Swingle (813) 228–2815. Regulations; Availability of EPA Prince John Timber Sale Project, EIS No. 960489, Final EIS, FEM, GA, Comments Implementation, Boise National Albany Flood Recovery Activities, Forest, Cascade Ranger District, Replacement of Damaged Public Availability of EPA comments Valley County, ID, Due: December 2, Schools, Housing and Businesses, prepared September 30, 1996 Through 54438 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

October 4, 1996 pursuant to the coordination continues as the mitigation [FRL±5637±6] Environmental Review Process (ERP), plan is finalized. National Advisory Council for under Section 309 of the Clean Air Act ERP No. F–FHW–E40762–AL Environmental Policy and and Section 102(2)(c) of the National Montgomery Outer Loop Construction, TechnologyÐTotal Maximum Daily Environmental Policy Act as amended. US 80 southwest of Montgomery to I–85 Load Committee; Public Meeting Requests for copies of EPA comments east of Montgomery, Funding and COE can be directed to the Office of Federal Section 404 Permit Issuance, AGENCY: Environmental Protection Activities at (202) 564–7167. An Montgomery County, AL. Agency (EPA). explanation of the ratings assigned to Summary: EPA expressed ACTION: Notice of public meeting. draft environmental impact statements environmental concerns about the loss (EISs) was published in FR dated April of wetland and forest resources. EPA SUMMARY: Under the Federal Advisory 5, 1996 (61 FR 15251). requested that coordination continue as Committee Act, PL 92463, EPA gives Draft EISs the mitigation plan is finalized. notice of a three-day meeting of the ERP No. F–FHW–G40141–OK National Advisory Council for ERP No. D–FHW–C40138–NY Rating Canadian River Bridge Crossing Environmental Policy and Technology’s LO, NY–17 Highway Conversion from a Construction, OK–37 east of Tuttle (NACEPT) Total Maximum Daily Load Partial to a Full Access Control Facility, northward to OK–152 in or near (TMDL) Committee. NACEPT provides Five-Mile Point to Occanum and NY–17 Mustang, Funding, COE Section 404 and advice and recommendations to the Rehabilitation or Reconstruction, EPA NPDES Permits Issuance, Canadian Administrator of EPA on a broad range Funding and COE Section 404 Permit and Grady Counties, OK. of environmental policy issues. The Issuance, Towns of Kirkwood and TMDL Committee has been charged to Windsor, Broome County, NY. Summary: EPA had no objection to the selection of the preferred plan of provide recommendations for actions Summary: EPA believed that the which will lead to a substantially more proposed project will not result in action and has no other comment to offer. effective TMDL program. This meeting significant adverse environmental is being held to enable the Committee impacts. EPA had no objection to its ERP No. F–NPS–K65180–CA Lava and EPA to hear the views and obtain implementation. Beds National Monument, General the advice of a widely diverse group of ERP No. D–GSA–C81017–NY Rating Management Plan, Implementation, stakeholders in the national Water EC2, US Brooklyn Court Project, Siskiyou and Modoc Counties, CA. Program. Summary: Review of the Final EIS Demolition of the Emanuel Celler DATES: The three-day public meeting was not deemed necessary. No formal Federal Building, Construction of a New will be held on Tuesday, November 19, comment letter was sent to the Courthouse and Renovation/Adaptive 1996, Wednesday, November 20, 1996, preparing agency. Reuse of the General Post Office at and Thursday, November 21, 1996 Cadman Plaza East, Kings County, NY. ERP No. F–USN–A11073–00 United beginning at 8:30 a.m. each day. The Summary: EPA expressed States Navy Shipboard Solid Waste meeting is scheduled to adjourn at 5:30 environmental concerns about the Disposal, Implementation, MARPOL p.m. on November 19 and 20, and at project’s potential impacts to air quality Special Areas: Designation Baltic Sea, 2:30 p.m. on November 21. and lead and asbestos abatement North Sea, Wilder Caribbean, Antarctic ADDRESSES: The meeting will be held at activities. Additional information is Ocean, Mediterranean Sea, Black Sea the Hilton Washington Dulles Airport, requested in the final EIS to address and Red Sea, Gulfs Region: Persian Gulf 13869 Park Center Road, Herndon, these concerns. and Gulf of Oman. Virginia. ERP No. D-MMS-E02008–00 Rating Summary: EPA continued to have Materials, or written comments, may LO, Central and Western Planing Areas, environmental concerns with allowing be transmitted to the Committee through Gulf of Mexico 1997 Outer Continental waste disposal in the Antarctic Ocean in Corinne S. Wellish, Designated Federal Shelf Oil and Gas Sales 166 (March view of the Protocol on Environmental Official, NACEPT/TMDL, U.S. EPA, 1997) and 168 (August 1997) Lease Protection to the Antarctic Treaty, Office of Water, Office of Wetlands, Offering, Offshore Marine Environment recently ratified by the United States. Oceans, and Watersheds, Assessment and coastal counties, Parishes of AL, EPA also questioned allowing disposal and Watershed Protection Division MS, TX and LA. in the Baltic and North Seas, urged the (4503F), 401 M Street, SW, Washington, Summary: EPA had no objections to Navy to restrict discharges near D.C. 20460. the selection of the preferred alternative; sensitive ecosystems and recommend FOR FURTHER INFORMATION CONTACT: however, we would ask that MMS research designed to assure full Navy provide commitment in the Record of compliance with MARPOL Annex V. Corinne S. Wellish, Designated Federal Decision to incorporate mitigation Official for the Total Maximum Daily ERP No. F–USN–K11069–CA Port Load Committee at 202–260–0740. stipulations on live bottom, topographic Hueneme Naval Civil Engineering Dated: October 10, 1996. features, archaeological resources, and Laboratory (NCEL) Disposal and Reuse, military areas. Implementation, Ventura County, CA. Corinne S. Wellish, Designated Federal Official. Final EISs Summary: The Final EIS responds to our concerns, which involved air [FR Doc. 96–26815 Filed 10–17–96; 8:45 am] ERP No. F–FHW–E40256–AL Southern quality and NEPA issues, therefore EPA BILLING CODE 6560±50±P Bypass and Weatherly Road Extension had no objection to the proposed action. Project, Hobbs Island Road to I–565 Interchange, Funding and COE Section Dated: October 15, 1996. [OPP±00453; FRL±5571±5] William D. Dickerson, 404 Permit, City of Huntsville, Madison Food Safety Advisory Committee; County, AL. Director, NEPA Compliance Division, Office Open Meeting Summary: EPA expressed of Federal Activities. environmental concern regarding the [FR Doc. 96–26820 Filed 10–17–96; 8:45 am] AGENCY: Environmental Protection impact to wetlands. EPA requested that BILLING CODE 6560±50±U Agency (EPA). Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54439

ACTION: Notice. become part of the permanent file and opportunity to comment on the will be provided to FSAC members for following proposed and/or continuing SUMMARY: As required by section 9(c) of their information. information collections, as required by the Federal Advisory Committee Act Materials related to the Food Safety the Paperwork Reduction Act of 1995, (Public Law 92–463), EPA’s Office of Advisory Committee are maintained in Public Law 104–13. An agency may not Pesticide Programs (OPP) is giving a public record. These materials are conduct or sponsor a collection of notice of the second meeting of the Food available for inspection from 8 a.m. to information unless it displays a Safety Advisory Committee (FSAC). 4 p.m. Monday through Friday, currently valid control number. No DATES: This meeting will take place excluding legal holidays. The public person shall be subject to any penalty October 22–23, 1996. record is located in Rm. 1132 of the for failing to comply with a collection ADDRESSES: The meeting will be held at: Public Response and Program Resources of information subject to the Paperwork The Washington Marriott, 1221, 22nd Branch, Field Operations Division Reduction Act (PRA) that does not St., NW., Washington, DC. (7506C), Office of Pesticide Programs, display a valid control number. FOR FURTHER INFORMATION CONTACT: By Environmental Protection Agency, Comments are requested concerning (a) mail: Margie Fehrenbach, Designated Crystal Mall #2, 1921 Jefferson Davis whether the proposed collection of Federal Officer or Carol Peterson, Office Highway, Arlington, VA. information is necessary for the proper of Pesticide Programs (7501C), III. Meeting Schedule performance of the functions of the Environmental Protection Agency, 401 Commission, including whether the The topics to be discussed are at this M St., SW., Washington, DC 20460. information shall have practical utility; meeting are: Consideration of pesticide Office location and telephone number: (b) the accuracy of the Commissions benefits under FQPA; reduced risk, Room 1119, Crystal Mall #2, 1921 burden estimates; (c) ways to enhance Integrated Pest Management (IPM), and Jefferson Davis Highway, Arlington, VA the quality, utility, and clarity of the Pollution Prevention; minor use 22202, (703) 305–7090; e-mail: information collected; and (d) ways to pesticide issues; communication and [email protected]. minimize the burden of the collection of right-to-know requirements; and human information on the respondents, SUPPLEMENTARY INFORMATION: health risk issues associated with including the use of automated I. Background exposure from various pesticide collection techniques or other forms of products that have a common mode of The Food Quality Protection Act information technology. action, as well as aggregate exposure to The FCC is reviewing the following (FQPA), signed into law on August 3, pesticides (e.g., dietary, drinking water, 1996, (Public Law 104–170) amends the information collection requirements for swimming pools; residential aggregate possible 3-year extension under Federal Insecticide, Fungicide, and exposure including dietary, drinking Rodenticide Act (FIFRA) and the delegated authority 5 CFR part 1320, water, in the home, lawns, gardens and authority delegated to the Commission Federal Food, Drug, and Cosmetic Act recreational areas). (FFDCA) to provide greater protection by the Office of Management and A third meeting is now planned for Budget (OMB). for U.S. consumers, particularly infants November 14–15, 1996. Meeting DATES: Written comments should be and children. location and agenda topics will be submitted on or before December 17, EPA formed the FSAC as a published prior to the meeting. To 1996. If you anticipate that you will be subcommittee under the auspicies of the receive an agenda for this (Oct 22–23) submitting comments, but find it National Advisory Council for meeting please write or call one of the difficult to do so within the period of Environmental Policy and Technology people listed under FOR FURTHER time allowed by this notice, you should (NACEPT) to provide a structured INFORMATION CONTACT. environment for exchange of advise the contact listed below as soon information and ideas on regulatory, List of Subjects as possible. policy, and implementation issues. ADDRESSES: Direct all comments to These discussions will assist EPA in the Environmental protection. Dorothy Conway, Federal implementation of the new food safety Dated: October 15, 1996. Communications Commission, Room statute and are essential if EPA is to be 234, 1919 M St., NW., Washington, DC responsive to the needs of the public Daniel M. Barolo, 20554 or via internet to and the affected industry. Director, Office of Pesticide Programs. [email protected]. II. Participation [FR Doc. 96–26916 Filed 10–17–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: For BILLING CODE 6560±50±F additional information or copies of the The FSAC is composed of a balanced information collections contact Dorothy group of participants from the following Conway at 202–418–0217 or via internet sectors: pesticide user and commodity FEDERAL COMMUNICATIONS at [email protected]. groups; environmental/public interest COMMISSION groups, including the general public; SUPPLEMENTARY INFORMATION: federal and state governments; Notice of Public Information OMB Number: 3060–0176 academia; industry; the public health Collections Being Reviewed by FCC Title: Section 73.1510, Experimental community; and congressional offices. for Extension Under Delegated authorizations FSAC meetings are open to the public. Authority 5 CFR Part 1320 Authority, Form Number: None Outside statements by observers are Comments Requested Type of Review: Extension welcome. Oral statements will be Respondents: Business or other for- limited to five minutes, and it is October 11, 1996. profit preferred that only one person per SUMMARY: The Federal Communications Number of Respondents: 30 organization present the statement. Any Commission, as part of its continuing Estimated time per response: 15 person who wishes to file a written effort to reduce paperwork burden minutes (respondent time)—5 hours statement can do so before or after an invites the general public and other (consulting engineer) FSAC meeting. These statements will Federal agencies to take this Total annual burden: 8 hours 54440 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Needs and Uses: Section 73.1510 facilities. If such licensee needs to FEDERAL MARITIME COMMISSION requires that a licensee of an AM, FM discontinue operations or operate with and TV broadcast station file an temporary facilities for more than 30 Ocean Freight Forwarder License; informal application with the FCC to days, then an informal letter request Applicants request an experimental authorization to must be sent to the FCC prior to the 30th conduct technical experimentation day. The data is used by FCC staff to Notice is hereby given that the directed toward improvement of the maintain complete technical records following applicants have filed with the technical phases of operation and and to ensure that interference will not Federal Maritime Commission service. This request shall describe the be caused to other licensed broadcast applications for licenses as ocean freight nature and purpose of experimentation facilities. forwarders pursuant to section 19 of the to be conducted, the nature of the OMB Number: 3060–0465 Shipping Act of 1984 (46 U.S.C. app. experimental signal to be transmitted, 1718 and 46 CFR part 510). Title: Section 74.985 Signal Booster and the proposed schedule of hours and Stations Persons knowing of any reason why duration of the experimentation. The Form Number: None any of the following applicants should data is used by FCC staff to maintain not receive a license are requested to complete technical information about a Type of Review: Extension contact the Office of Freight Forwarders, broadcast station and to ensure that Respondents: Business or other for- Federal Maritime Commission, such experimentation will not cause profit, non-profit institutions Washington, D.C. 20573. interference to other stations. OMB Number: 3060–0178 Number of Respondents: 20 Salinas International Freight Co., 8901 Title: Section 73.1560 Operating Estimated time per response: 30 Sovereign Row, Dallas, TX 75247–4640 Power and Mode Tolerance minutes—1 hour per response Officers: Gilbert Raymond Khoury, Form Number: None Total annual burden: 15 hours President; Francesca Johanna Johnson, Type of Review: Extension Vice President Needs and Uses: Section 74.985 Respondents: Business or other for- Airport Clearance Service, Inc., 55 Inip Drive, requires signal booster stations to obtain profit Inwood, NY 11096 written consent from the licensee of the Number of Respondents: 273 Officers: Darren S. Schulman, President; Estimated time per response: 1 hour MDS, MMDS or ITFS station to be Robert Imbriani, Vice President Total annual burden: 273 hours retransmitted and requires low power Dated: October 11, 1996. signal booster station to submit a Needs and Uses: Section 73.1560(d) Ronald D. Murphy, requires that licensees of AM, FM or TV certification statement within 48 hours Assistant Secretary. stations file a notification with the FCC of installation of a booster station in Washington, D.C. when operation at demonstrating compliance with Section [FR Doc. 96–26723 Filed 10–17–96; 8:45 am] reduced power will exceed ten 74.985(g). The data are used by FCC BILLING CODE 6730±01±M consecutive days and upon restoration staff to ensure consent to retransmit of normal operations. If causes beyond signal has been obtained and to ensure the control of the licensee prevent that low power booster would not cause restoration of authorized power within interference. FEDERAL RESERVE SYSTEM a 30 day period, an informal written Federal Communications Commission. Change in Bank Control Notices; request must be made for any additional William F. Caton, Formations of, Acquisitions by, and time as may be necessary to restore Acting Secretary. Mergers of Bank Holding Companies; normal operations. [FR Doc. 96–26752 Filed 10–17–96; 8:45 am] Correction The data is used by FCC staff to BILLING CODE 6712±01±P maintain accurate and complete This notice corrects a notice (FR Doc. technical information about a station’s operation. In the event that a complaint 96-25753) published on pages 52794 and 52795 of the issue for Tuesday, is received from the public regarding a FEDERAL HOUSING FINANCE BOARD station’s operation, this information is October 8, 1996. necessary to provide an accurate Sunshine Act Meeting Under the Federal Reserve Bank of response. Dallas heading, the entry for Paul A. OMB Number: 3060–0181 FEDERAL REGISTER CITATION OF PREVIOUS Rowntree, Bedford, Texas, is revised to Title: Section 73.1615, Operation ANNOUNCEMENT: 61 FR 52032, October 8, read as follows: during modification of facilities 1996. 1. Paul A. and Beverly Rowntree, Form Number: None PREVIOUSLY ANNOUNCED TIME AND DATE OF Bedford, Texas; to acquire an additional Type of Review: Extension THE MEETING: 37.59 percent, for a total of 37.87 Respondents: Business or other for- 10:00 a.m., October 9, percent, of the voting shares of Mid- profit 1996. Cities Bancshares, Hurst, Texas, and Number of Respondents: 113 CHANGES IN THE MEETING: The following thereby indirectly acquire Mid-Cities Estimated time per response: 10 topic was withdrawn from the open National Bank, Hurst, Texas. minutes—1 hour portion of the meetings: Amendment to Total annual burden: 61 hours the Community Support Regulation. Comments on this application must Needs and Uses: Section 73.1615 be received by October 22, 1996. requires notification to the FCC by a CONTACT PERSON FOR MORE INFORMATION: Elaine L. Baker, Secretary to the Board, Board of Governors of the Federal Reserve licensee of an AM, FM or TV station System, October 11, 1996. when it is in the process of modifying (202) 408–2837. existing facilities as authorized by a Rita I. Fair, Jennifer J. Johnson, construction permit and it becomes Managing Director. Deputy Secretary of the Board. necessary to either discontinue [FR Doc. 96–26851 Filed 10–15–96; 4:19 pm] [FR Doc. 96–26758 Filed 10–17–96; 8:45 am] operation or to operate with temporary BILLING CODE 6725±01±M BILLING CODE 6210±01±F Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54441

Formations of, Acquisitions by, and all of Paola, Kansas; to acquire 100 transmission activities in conformance Mergers of Bank Holding Companies percent of the voting shares of Crown with Regulation Y. See 12 CFR Bancshares, Inc., Bellevue, Nebraska, 225.25(b)(7). Notificants also propose to The companies listed in this notice and thereby indirectly acquire First engage in activities that they maintain have applied to the Board for approval, United Bank of Bellevue, Bellevue, are incidental to permissible data pursuant to the Bank Holding Company Nebraska. processing and data transmission Act of 1956 (12 U.S.C. 1841 et seq.) In connection with this application, activities. See 12 CFR 225.21(a)(2). (BHC Act), Regulation Y (12 CFR Part TeamBank Acquisition Subsidiary, Inc., Notificants propose to acquire more 225), and all other applicable statutes also has applied to become a bank than 5 percent of the voting shares of and regulations to become a bank holding company. Integrion Financial Network, L.L.C. holding company and/or to acquire the B. Federal Reserve Bank of Chicago (Company), a de novo limited liability assets or the ownership of, control of, or (James A. Bluemle, Vice President) 230 company. Other investors in Company the power to vote shares of a bank or South LaSalle Street, Chicago, Illinois would include national banks, a savings bank holding company and all of the 60690: and loan holding company and a banks and nonbanking companies 1. F & M Bancorporation, Inc., subsidiary of International Business owned by the bank holding company, Kaukauna, Wisconsin; to merge with Machines Corporation. Company would including the companies listed below. East Troy Bancshares, Inc., East Troy, engage in the design, development, The applications listed below, as well Wisconsin, and thereby indirectly operation and maintenance of a as other related filings required by the acquire State Bank of East Troy, East computer software and data Board, are available for immediate Troy, Michigan. transmission system (Gateway) that inspection at the Federal Reserve Bank C. Federal Reserve Bank of Dallas would permit customers of banks and indicated. Once the application has (Genie D. Short, Vice President) 2200 other financial service companies been accepted for processing, it will also North Pearl Street, Dallas, Texas 75201- (Financial Service Providers) to be available for inspection at the offices 2272: communicate electronically with their of the Board of Governors. Interested 1. Coastal Bend Bancshares, Inc., Financial Service Providers. The persons may express their views in Alice, Texas, and Buckeye Bancshares, Gateway would serve as the electronic writing on the standards enumerated in Inc., Dover, Delaware; to become a bank interface between the communications the BHC Act (12 U.S.C. 1842(c)). If the holding companies by acquiring 100 device used by the customer (such as a proposal also involves the acquisition of percent of the voting shares of First personal computer or telephone) and a nonbanking company, the review also Community Bank, N.A., Alice, Texas. the Financial Service Provider, thereby includes whether the acquisition of the Board of Governors of the Federal Reserve providing customers access to the home nonbanking company complies with the System, October 11, 1996. banking or other electronic products or standards in section 4 of the BHC Act, Jennifer J. Johnson services offered by the Financial Service including whether the acquisition of the Deputy Secretary of the Board Provider. The Gateway also would nonbanking company can ‘‘reasonably [FR Doc. 96–26760 Filed 10–17–96; 8:45 am] permit customers to gain electronic be expected to produce benefits to the BILLING CODE 6210±01±F access to the Internet, and other on-line public, such as greater convenience, financial or nonfinancial data bases or increased competition, or gains in services that are maintained or provided efficiency, that outweigh possible Royal Bank of Canada, et al.; Notices by persons other than Financial Service adverse effects, such as undue to Engage in Certain Nonbanking Providers. The proposed activities, concentration of resources, decreased or Activities which are described in further detail in unfair competition, conflicts of the notices, would be conducted interests, or unsound banking practices’’ Federal Reserve Bank of New York throughout the United States. (12 U.S.C. 1843). Any request for a (Christopher J. McCurdy, Senior Vice Section 4(c)(8) of the BHC Act hearing must be accompanied by a President) 33 Liberty Street, New York, provides that a bank holding company statement of the reasons a written New York 10045; Federal Reserve Bank may, with Board approval, engage in presentation would not suffice in lieu of of Chicago (James A. Bluemle, Vice any activity that the Board has a hearing, identifying specifically any President) 230 South LaSalle Street, determined (by order or regulation) to questions of fact that are in dispute, Chicago, Illinois 60690; and Federal be so closely related to banking or summarizing the evidence that would Reserve Bank of Minneapolis (Karen L. managing or controlling banks as to be be presented at a hearing, and indicating Grandstrand, Vice President) 250 a proper incident thereto. The Board how the party commenting would be Marquette Avenue, Minneapolis, previously has determined that certain aggrieved by approval of the proposal. Minnesota 55480. data processing and data transmission Unless otherwise noted, nonbanking 1. Royal Bank of Canada, Montreal, services are closely related to banking activities will be conducted throughout Canada; Norwest Corporation, for purposes of section 4(c)(8) of the the United States. Minneapolis, Minnesota; Stichting BHC Act, so long as the data to be Unless otherwise noted, comments Prioriteit ABN AMRO Holding, Stichting processed or furnished are financial, regarding each of these applications Administratiekantoor ABN AMRO banking, or economic in nature, and must be received at the Reserve Bank Holding, ABN AMRO Holding N.V., and certain other conditions are met. See 12 indicated or the offices of the Board of ABN AMRO Bank N.V., all of CFR 225.25(b)(7). Notificants contend Governors not later than November 12, Amsterdam, The Netherlands; and ABN that all of the proposed activities will be 1996. AMRO North America, Inc., Chicago, conducted in conformance with the A. Federal Reserve Bank of Kansas Illinois (collectively, Notificants), have Board’s Regulation Y, or are activities City (John E. Yorke, Senior Vice applied under § 225.23(a) of the Board’s that are incidental to permissible President) 925 Grand Avenue, Kansas Regulation Y (12 CFR 225.23(a)) for the activities. City, Missouri 64198: Board’s approval under section 4(c)(8) In determining whether the proposal 1. TeamBanc, Inc., Employee Stock of the Bank Holding Company Act (BHC satisfies the proper incident standard of Ownership Plan, TeamBanc, Inc., and Act) (12 U.S.C. 1843(c)(8)) to engage de section 4(c)(8) of the BHC Act, the Board TeamBanc Acquisition Subsidiary, Inc. novo in data processing and data must consider whether consummation 54442 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices of the proposal can ‘‘reasonably be that is listed in § 225.25 of Regulation Board of Governors of the Federal Reserve expected to produce benefits to the Y (12 CFR 225.25) or that the Board has System, October 11, 1996. public, such as greater convenience, determined by Order to be closely Jennifer J. Johnson increased competition, or gains in related to banking and permissible for Deputy Secretary of the Board efficiency, that outweigh possible bank holding companies. Unless [FR Doc. 96–26757 Filed 10–17–96; 8:45 am] adverse effects, such as undue otherwise noted, these activities will be BILLING CODE 6210±01±F concentration of resources, decreased or conducted throughout the United States. unfair competition, conflicts of interests, or unsound banking Each notice is available for inspection Sunshine Act Meeting practices.’’ 12 U.S.C. 1843(c)(8). at the Federal Reserve Bank indicated. Notificants contend that consummation Once the notice has been accepted for AGENCY HOLDING THE MEETING: Board of of the proposal will increase processing, it will also be available for Governors of the Federal Reserve competition in the market for home inspection at the offices of the Board of System. banking and other electronic financial Governors. Interested persons may TIME AND DATE: 10:00 a.m., Wednesday, services, and will not result in any express their views in writing on the October 23, 1996. adverse effects. question whether the proposal complies PLACE: Marriner S. Eccles Federal In publishing the proposal for with the standards of section 4 of the Reserve Board Building, C Street comment, the Board does not take a BHC Act, including whether entrance between 20th and 21st Streets, position on issues raised by the consummation of the proposal can N.W., Washington, D.C. 20551. proposal. Notice of the proposal is ‘‘reasonably be expected to produce STATUS: Open. published solely to seek the views of benefits to the public, such as greater interested persons on the issues convenience, increased competition, or MATTERS TO BE CONSIDERED: presented by the notices and does not gains in efficiency, that outweigh Summary Agenda: Because of its represent a determination by the Board possible adverse effects, such as undue routine nature, no discussion of the that the proposal meets, or is likely to concentration of resources, decreased or following item is anticipated. This meet, the standards of the BHC Act. The matter will be voted on without notices are available for immediate unfair competition, conflicts of discussion unless a member of the inspection at the Federal Reserve Banks interests, or unsound banking practices’’ Board requests that the item be moved indicated above and at the offices of the (12 U.S.C. 1843). Any request for a to the discussion agenda. Board of Governors. Any request for a hearing on this question must be 1. Proposed interim amendment to hearing on the notices must be accompanied by a statement of the Regulation Y (Bank Holding Companies accompanied by a statement of reasons reasons a written presentation would why a written presentation would not not suffice in lieu of a hearing, and Change in Bank Control) and suffice in lieu of a hearing, identifying identifying specifically any questions of request for public comment on the specifically any questions of fact that fact that are in dispute, summarizing the definition of ‘‘well-capitalized’’ for bank are in dispute, summarizing the evidence that would be presented at a holding companies. 2. Any items carried forward from a evidence that would be presented at a hearing, and indicating how the party previously announced meeting. hearing, and indicating how the party commenting would be aggrieved by Discussion Agenda: Please note that commenting would be aggrieved by approval of the proposal. approval of the proposal. no discussion items are scheduled for Unless otherwise noted, comments Unless otherwise noted, comments this meeting. regarding each of these notices must be regarding the applications must be Note: If the item is moved from the received at the Reserve Banks indicated received at the Reserve Bank indicated Summary Agenda to the Discussion Agenda, above or the offices of the Board of or the offices of the Board of Governors discussion of the item will be recorded. Governors not later than October 31, not later than October 31, 1996. Cassettes will then be available for listening 1996. A. Federal Reserve Bank of in the Board’s Freedom of Information Office, and copies can be ordered for $5 per cassette Board of Governors of the Federal Reserve Minneapolis (Karen L. Grandstrand, by calling (202) 452–3684 or by writing to: System, October 11, 1996. Vice President) 250 Marquette Avenue, Freedom of Information Office, Board of Jennifer J. Johnson Minneapolis, Minnesota 55480: Governors of the Federal Reserve System, Deputy Secretary of the Board 1. Bancommunity Services Washington, D.C. 20551. [FR Doc. 96–26759 Filed 10–17–96; 8:45 am] Corporation and Security Shares, Inc., CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 6210±01±F both of St. Peter, Minnesota; to engage Mr. Joseph R. Coyne, Assistant to the de novo in making and servicing loans, Board; (202) 452–3204. pursuant to § 225.25(b)(1) of The Notice of Proposals to Engage in Dated: October 16, 1996. Board’s Regulation Y. Permissible Nonbanking Activities or Jennifer J. Johnson, to Acquire Companies that are 2. MidAmerica Bancshares, Inc., St. Deputy Secretary of the Board. Engaged in Permissible Nonbanking Paul, Minnesota; to engage de novo [FR Doc. 96–26896 Filed 10–16–96; 11:32 Activities through its subsidiary, MidAmerica am] Financial, St. Paul, Minnesota, in BILLING CODE 6210±01±P The companies listed in this notice making, acquiring and servicing loans have given notice under section 4 of the and other extensions of credit, pursuant Bank Holding Company Act (12 U.S.C. to § 225.25(b)(1) of the Board’s Sunshine Act Meeting 1843) (BHC Act) and Regulation Y, (12 CFR Part 225) to engage de novo, Regulation Y; and in leasing personal AGENCY HOLDING THE MEETING: Board of or to acquire or control voting securities and real property, pursuant to § Governors of the Federal Reserve or assets of a company that engages 225.25(b)(5)(i) and (ii) of the Board’s System. either directly or through a subsidiary or Regulation Y. TIME AND DATE: Approximately 10:15 other company, in a nonbanking activity a.m., Wednesday, October 23, 1996, Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54443 following a recess at the conclusion of successfully compete on an unrestricted businesses. If no expectation exists, the the open meeting. basis. The four (4) industry groups are: procurements will be conducted on an PLACE: Marriner S. Eccles Federal construction (except dredging); unrestricted basis. Reserve Board Building, C Street architectural and engineering (A&E) Region 2 encompasses the states of entrance between 20th and 2lst Streets, services (including surveying and New Jersey, New York, and the N.W., Washington, D.C. 20551. mapping); refuse systems and related territories of Puerto Rico and the Virgin Islands. STATUS: Closed. services (limited to trash/garbage collection); and non-nuclear ship repair. Region 3 encompasses the states of MATTERS TO BE CONSIDERED: Under the program, when a Pennsylvania, Delaware, West Virginia, 1. Personnel actions (appointments, participating agency misses its small Maryland (except Montgomery and promotions, assignments, business participation goal, restricted Prince Georges counties), and Virginia reassignments, and salary actions) competition is reinstituted only for (except the city of Alexandria and the involving individual Federal Reserve those contracting activities that failed to counties of Arlington, Fairfax, Loudoun, and Prince William). System employees. attain the goal. The small business goal Region 5 encompasses the states of 2. Any items carried forward from a is 40 percent of the total contract dollars Illinois, Indiana, Ohio, Michigan, previously announced meeting. awarded for construction, trash/garbage Minnesota, and Wisconsin. CONTACT PERSON FOR MORE INFORMATION: collection services, and non-nuclear ship repair and 35 percent of the total Region 6 encompasses the states of Mr. Joseph R. Coyne, Assistant to the Iowa, Kansas, Missouri and Nebraska. contract dollars awarded for architect- Board; (202) 452–3204. You may call Region 7 encompasses the states of engineer services. This notice (202) 452–3207, beginning at Arkansas, Louisiana, Oklahoma, New approximately 5 p.m. two business days announces modifications to GSA’s Mexico, and Texas. before this meeting, for a recorded solicitation practices under the Region 9 encompasses the states of announcement of bank and bank demonstration program based on a Arizona, California, Hawaii, and holding company applications review of the agency’s performance Nevada. scheduled for the meeting. during the period from July 1, 1995 to June 30, 1996. Modifications to Trash/Garbage Collection Services in Dated: October 16, 1996. solicitation practices are outlined in the PSC S205. Jennifer J. Johnson, Supplementary Information section Procurements for trash/garbage Deputy Secretary of the Board. below and apply to solicitations issued collection services in PSC S205 will be [FR Doc. 96–26897 Filed 10–16–96; 11:32 on or after October 1, 1996. conducted on an unrestricted basis. am] EFFECTIVE DATE: October 1, 1996. BILLING CODE 6210±01±P Architect-Engineer Services (All PSC FOR FURTHER INFORMATION CONTACT: Codes Under the Demonstration Tom Wisnowski, Office of GSA Program) Acquisition Policy, (202) 501–1224. GENERAL SERVICES Procurements for all architect- SUPPLEMENTARY INFORMATION: ADMINISTRATION engineer services (except procurements Procurements of construction or trash/ issued by contracting activities in GSA Change in Solicitation Procedures garbage collection with an estimated Regions 3, 4, 5, 9, and the National Under the Small Business value of $25,000 or less will be reserved Capital Region) shall be conducted on Competitiveness Demonstration for emergency small business concerns an unrestricted basis. Program in accordance with the procedures Procurements for architect-engineer outlined in the interim policy directive services issued by contracting activities AGENCY: Office of Acquisition Policy, issued by the Office of Federal in Regions 3, 4, 5, 9, and the National GSA. Procurement Policy (58 FR 13513, Capital Region shall be set aside for ACTION: Notice. March 11, 1993). small business when there is a Procurements of construction or reasonable expectation of obtaining SUMMARY: Title VII of the Business trash/garbage collection with an competition from two or more small Opportunity Development Reform Act estimated value that exceeds $25,000 by businesses. If no expectation exists, the of 1988 (Public Law 100–656) GSA contracting activities will be made procurements may be conducted on an established the Small Business in accordance with the following unrestricted basis. Competitiveness Demonstration procedures: Region 3 encompasses the states of Program and designated nine (9) Pennsylvania, Delaware, West Virginia, agencies, including GSA, to conduct the Construction Services in Groups 15, 16, and 17 Maryland (except Montgomery and program over a four (4) year period from Prince Georges counties), and Virginia January 1, 1989 to December 31, 1992. Procurements for all construction (except the city of Alexandria and the The Small Business Opportunity services (except solicitions issued by counties of Arlington, Fairfax, Loudoun, Enhancement Act of 1992 (Public Law GSA contracting activities in Regions 2, and Prince William). 102–366) extended the demonstration 3, 6, and 9 in SIC Group 15 and Regions Region 4 encompasses the states of program until September 1996 and 2, 3, 5, 6, 7, and 9 in individual SIC Alabama, Florida, Georgia, Kentucky, made certain changes in the procedures code 1796) shall be conducted on an North Carolina, South Carolina, for operation of the demonstration unrestricted basis. Mississippi, and Tennessee. program. The program has been Procurements for construction Region 5 encompasses the states of extended for an additional one-year services in SIC Group 15 issued by GSA Illinois, Indiana, Ohio, Michigan, period by the Omnibus Consolidated contracting activities in Regions 2, 3, 6, Minnesota, and Wisconsin. Appropriations Act (Public Law 104– and 9, and individual SIC code 1796 in Region 9 encompasses the states of 208). The law designated four (4) Regions 2, 3, 5, 6, 7, and 9, shall be set Arizona, California, Hawaii, and industry groups for testing whether the aside for small business when there is Nevada. competitive capabilities of the specified a reasonable expectation of obtaining The National Capital Region industry groups will enable them to competition from two or more small encompasses the District of Columbia, 54444 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Montgomery and Prince Georges proposed information collection should DATES: The meeting will be open to the counties in Maryland, and the city of be sent directly to the OMB desk officer public on Friday, October 25, from 9:00 Alexandria and the counties of designated above at the following a.m. to 4:00 p.m. Arlington, Fairfax, and Loudoun, and address: Human Resources and Housing ADDRESSES: The meeting will be held at Prince William in Virginia. Branch, Office of Management and the Hotel Washington, 15th & Budget, New Executive Office Building, Non-Nuclear Ship Repair Pennsylvania Avenue, Washington, D.C. Room 10235, 725 17th Street N.W., 20004. GSA does not procure non-nuclear Washington, D.C. 20503. FOR FURTHER INFORMATION CONTACT: ship repairs. Comments may also be sent to Deborah L. Queenan, Executive Dated: October 9, 1996. Cynthia Agens Bauer, OS Reports Secretary of the Advisory Council at the Ida M. Ustad, Clearance Officer, Room 503H, Agency for Health Care Policy and Deputy Associate Administrator for Humphrey Building, 200 Independence Research, 2101 East Jefferson Street, Acquisition Policy. Avenue S.W., Washington, DC, 20201. Suite 603, Rockville, Maryland 20852, [FR Doc. 96–26825 Filed 10–17–96; 8:45 am] Written comments should be received (301) 594–1321. BILLING CODE 6829±61±M within 30 days of this notice. In addition, if sign language Dated: October 11, 1996. interpretation or other reasonable Dennis P. Williams, accommodation for a disability is DEPARTMENT OF HEALTH AND Deputy Assistant Secretary, Budget. needed, please contact Linda Reeves, HUMAN SERVICES [FR Doc. 96–26809 Filed 10–17–96; 8:45 am] the Assistant Administrator for Equal Opportunity, AHCPR, on (301) 594– BILLING CODE 8010±01±M Office of the Secretary 6665 no later than October 22. Agency Information Collection SUPPLEMENTARY INFORMATION: Senior Executive Service; Performance Activities: Submission for OMB Review Board Membership I. Purpose Review; Comment Request Section 921 of the Public Health Title 5, U.S. Code, Section 4314(c)(4) The Department of Health and Human Service Act (42 U.S.C. 299c) establishes of the Civil Service Reform Act of 1978, Services, Office of the Secretary the National Advisory Council for Public Law 95–454, requires that the publishes a list of information Health Care Policy, Research, and appointment of Performance Review collections it has submitted to the Office Evaluation. The Council provides Board members be published in the of Management and Budget (OMB) for advice to the Secretary and the Federal Register. clearance in compliance with the Administrator, Agency for Health Care Paperwork Reduction Act of 1995 (44 Dated: October 10, 1996. Policy and Research (AHCPR), on U.S.C. Chapter 35) and 5 CFR 1320.5. Eugene Kinlow, matters related to AHCPR activities to The following are those information Deputy Assistant Secretary for Human enhance the quality, appropriateness, collections recently submitted to OMB. Resources. and effectiveness of health care services 1. Recordkeeping Requirements for The following persons will serve on and access to such services through Government Owned/Contractor Held the Performance Review Boards or scientific research and the promotion of Property and Report of Accounting Panels which oversee the evaluation of improvements in clinical practice and Personal Property (HHS–565)—0990– performance appraisals of Senior in the organization, financing, and 0015—Extension—The recordkeeping Executive Service members of the delivery of health care services. requirements are needed to assure Department of Health and Human The Council is composed of public accountability and control for Services in the Office of the Secretary members appointed by the Secretary. government owned/contractor held and the Administration on Aging: These members are: property for HHS contracts. Form 565 is Beverly Dennis III, Anna L. Durand, Richard E. Behrman, M.D., J.D.; Helen used to report all accountable personal Eugene Kinlow, Edwin M. Sullivan, Darling, M.A.; Nancy Wilson Dickey, property purchased or fabricated by Edwin L. Walker, and Jacquelyn Y. M.D.; Jose Julio Escarce, M.D., Ph.D.; contractors and billed to HHS. White. Ada Sue Hinshaw, Ph.D., R.N.; Sharon Respondents: state or local C. Keily, M.D.; Jeffrey P. Koplan, M.D., governments, business or other for- [FR Doc. 96–26701 Filed 10–17–96; 8:45 am] M.P.H.; Robert M. Krughoff, J.D.; W. profit, non-profit institutions, small BILLING CODE 4150±04±M David Leak, M.D.; Harold S. Luft, Ph.D.; business; Burden Information for Form Woodrow A. Myers, Jr., M.D., M.B.A.; HHS–565: Annual Number of Martin Paris, M.D., M.P.H.; E. Walter J. Respondents: 3,600; Annual Frequency Agency for Health Care Policy and McNerney, M.H.A.; Edward B. Perrin, of Response: one time; Average Burden Research Ph.D.; Stephen M. Shortell, Ph.D.; and per Response: 30 minutes; Total Annual W. Leigh Thompson, M.D., Ph.D. Meeting of the National Advisory Burden: 1,800 hours. Burden There also are Federal ex-officio Council for Health Care Policy, Information for Recordkeeping members. These members are: Research, and Evaluation Requirements: Annual Number of Administrator, Substance Abuse and Responses: 4,500; Average Burden per AGENCY: Agency for Health Care Policy Mental Health Services Administration; Response: 30 minutes; Total Annual and Research, HHS. Director, National Institutes of Health; Burden: 2250 hours. Total Burden: 4050 ACTION: Notice of public meeting. Director, Centers for Disease Control hours. and Prevention; Administrator, Health OMB Desk Officer: Allison Eydt. SUMMARY: In accordance with section Care Financing Administration; Copies of the information collection 10(a) of the Federal Advisory Committee Commissioner, Food and Drug packages listed above can be obtained Act, this notice announces a meeting of Administration; Assistant Secretary of by calling the OS Reports Clearance the National Advisory Council for Defense (Health Affairs); and Chief Officer on (202) 690–6207. Written Health Care Policy, Research, and Medical Director, Department of comments and recommendations for the Evaluation. Veterans Affairs. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54445

II. Agenda Dated: October 11, 1996. Purpose: This committee is charged with Carolyn J. Russell, advising the Director, CDC, regarding On Friday, October 25, 1996, the objectives, strategies, and priorities for HIV Director, Management Analysis and Services meeting will begin at 9:00 a.m. with the and STD prevention efforts including Office, Centers for Disease Control and call to order by the Council Chairman. maintaining surveillance of HIV infection, Prevention (CDC). The Administrator, AHCPR, will update AIDS, and STDs, the epidemiologic and the status of current Agency issues and [FR Doc. 96–26749 Filed 10–17–96; 8:45 am] laboratory study of HIV/AIDS and STDs, program initiatives. Council discussion BILLING CODE 4163±70±M information/education and risk reduction will follow. activities designed to prevent the spread of The meeting will adjourn at 4:00 p.m. HIV and STDs, and other preventive Agenda items are subject to change as Centers for Disease Control and measures that become available. Prevention Matters to be Discussed: Agenda items will priorities dictate. include an overview of HIV and STD Dated: October 15, 1996. National Institute for Occupational divisions and the Prevention Services Office; Clifton R. Gaus, Safety and Health; Notice of Meeting updates on prevention activities related to injecting drug users and persons in Administrator. The National Institute for correctional facilities, partner notification, [FR Doc. 96–26923 Filed 10–17–96; 8:45 am] Occupational Safety and Health lesbian HIV issues, HIV counseling and BILLING CODE 4160±90±M (NIOSH) of the Centers for Disease testing, syphilis elimination, behavioral research and managed care; surveillance on Control and Prevention (CDC) unusual variants of HIV; and an evaluation announces the following meeting. Agency for Toxic Substances and plan for HIV. Disease Registry Name: Laboratory Evaluation of Back Agenda items are subject to change as Support Belts. priorities dictate. Board of Scientific Counselors, Time and Date: 1 p.m.–4 p.m., November Contact Person for More Information: Agency for Toxic Substances and 4, 1996. Connie Granoff, Committee Management Specialist, National Center for HIV, STD, and Disease Registry: Meeting Place: Suncrest Facility, Large Conference Room, NIOSH, CDC, 3040 University TB Prevention, 1600 Clifton Road, NE., In accordance with section 10(a)(2) of Avenue, Morgantown, West Virginia 26505. Mailstop E–07, Atlanta, Georgia 30333, the Federal Advisory Committee Act Status: Open to the public, limited only by telephone (404) 639–8029. (Pub. L. 92–463), the Agency for Toxic the space available. The meeting room Dated: October 11, 1996. accommodates approximately 50 people. Carolyn J. Russell, Substances and Disease Registry Purpose: Participants will provide NIOSH (ATSDR) announces the following with their individual advice and comments Director, Management Analysis and Services committee meeting. regarding the technical and scientific aspects Office, Centers for Disease Control and Prevention (CDC). Name: Board of Scientific Counselors, of the study protocol ‘‘Laboratory Evaluation [FR Doc. 96–26747 Filed 10–17–96; 8:45 am] Agency for Toxic Substances and Disease of Back Support Belts,’’ being conducted at Registry (BSC, ATSDR). NIOSH. Peer review panelists will review the BILLING CODE 4163±18±M Times and Dates: 8:30 a.m.–5:30 p.m., study protocol and provide individual advice November 14, 1996. 8:30 a.m.–2:15 p.m., on the conduct of the study. Viewpoints and November 15, 1996. suggestions from industry, labor, academia, Food and Drug Administration Place: The ATSDR Training Room, other governmental agencies, and the public [Docket No. 96N±0327] Building 35, 35 Executive Park Drive, NE, are invited. Contact Person for Additional Information: Atlanta, Georgia 30329. Use of Formalin Solution on All Status: Open to the public, limited only by Hongwei Hsiao, Ph.D., NIOSH, CDC, M/S the space available. The meeting room P119, 3040 University Avenue, West Virginia Finfish; Availability of Data accommodates approximately 60 people. 26505, telephone 304/285–5981. Purpose: The Board of Scientific Dated: October 11, 1996. AGENCY: Food and Drug Administration, Counselors, ATSDR, advises the Carolyn J. Russell, HHS. Administrator, ATSDR, on ATSDR programs Director, Management Analysis and Services ACTION: Notice. to ensure scientific quality, timeliness, Office, Centers for Disease Control and SUMMARY: utility, and dissemination of results. Prevention (CDC). The Food and Drug Specifically, the Board advises on the Administration (FDA) is announcing the [FR Doc. 96–26748 Filed 10–17–96; 8:45 am] adequacy of the science in ATSDR-supported availability of target animal safety and research, emerging problems that require BILLING CODE 4160±19±M effectiveness data, human food safety scientific investigation, accuracy and data, and environmental data to be used currency of the science in ATSDR reports, and program areas to emphasize and/or to de- CDC Advisory Committee on HIV and in support of a new animal drug emphasize. STD Prevention Meeting application (NADA) or supplemental Matters to be Discussed: Agenda items will NADA for control of certain external include an update on the ATSDR In accordance with section 10(a)(2) of protozoa and monogenetic trematodes Community/Tribal Forum and will also focus the Federal Advisory Committee Act on all finfish and certain fungi on the on other issues of concern to ATSDR (Pub. L. 92–463), the Centers for Disease eggs of all finfish through water including: 1) the ATSDR Peer Review Policy Control and Prevention (CDC) treatment with formalin solution. The and Procedures; 2) external perspectives from announces the following committee data, contained in Public Master File chemical manufacturers, grantees, universities, states, and communities; 3) the meeting. (PMF) 5228, were compiled under ATSDR Site-Specific Evaluation Initiative; Name: CDC Advisory Committee on HIV National Research Support Project No. 7 and 4) the ATSDR Child Health Initiative. and STD Prevention. (NRSP–7), a national agricultural Written comments are welcome and should Times and Dates: 9 a.m.–5 p.m., November program for obtaining clearances for use be received by the contact person listed 12, 1996. 9 a.m.–1 p.m., November 13, 1996. of new drugs in minor animal species or below prior to the meeting. Place: Corporate Square Office Park, in any animal species for the control of Contact Person for More Information: Corporate Square Boulevard, Building 11, diseases that occur infrequently or in Charles Xintaras, Sc.D., Executive Secretary, Room 1413, Atlanta, Georgia 30329. BSC, ATSDR, M/S E–28, 1600 Clifton Road, Status: Open to the public, limited only by limited geographical areas. NE, Atlanta, Georgia 30333, telephone 404/ the space available. The meeting room will ADDRESSES: Submit NADA’s or 639–0708. accommodate approximately 100 people. supplemental NADA’s to the Document 54446 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Control Unit (HFV–199), Center for drug labeling and other data needed for SUPPLEMENTARY INFORMATION: On Veterinary Medicine, Food and Drug approval, such as manufacturing December 23, 1991, CareLink Corp., Administration, 7500 Standish Pl., methods, facilities, and controls, and Santa Ana, CA 92705, submitted to Rockville, MD 20855, 301–827–3125. information addressing the potential CDRH an application for premarket FOR FURTHER INFORMATION CONTACT: environmental impacts (including approval of CareFoneTM Home Uterine Naba K. Das, Center for Veterinary occupational) of the manufacturing Activity Monitoring System, Model Medicine (HFV–133), Food and Drug process. Persons desiring more 2001. The device is a home uterine Administration, 7500 Standish Pl., information concerning the PMF or activity monitor and is indicated for use Rockville, MD 20855, 301–594–1659. requirements for approval of an NADA in conjunction with standard high risk may contact Naba K. Das (address care, for the daily at-home measurement SUPPLEMENTARY INFORMATION: The use of ≥ formalin solution on finfish is a new above). of uterine activity in pregnancies 24 animal drug use under section 201(v) of In accordance with the freedom of weeks gestation for women with the Federal Food, Drug, and Cosmetic information provisions of part 20 (21 previous preterm delivery. Uterine Act (the act) (21 U.S.C. 321(v)). As a CFR part 20) and 21 CFR activity data are displayed at a remote new animal drug, formalin solution is 514.11(e)(2)(ii), a summary of target location to aid in the early detection of subject to section 512 of the act (21 animal safety, effectiveness, and human preterm labor. In accordance with the provisions of U.S.C. 360b), which requires that its use safety data and information provided in section 515(c)(2) of the act (21 U.S.C. on finfish be the subject of an approved this PMF to support approval of an application may be seen in the Dockets 360e(c)(2)) as amended by the Safe NADA or supplemental NADA. Finfish Medical Devices Act of 1990, this are a minor species under Management Branch (address above) between 9 a.m. and 4 p.m., Monday premarket approval application (PMA) § 514.1(d)(1)(ii) (21 CFR 514.1(d)(1)(ii)). was not referred to the Obstetrics and Formalin solution is currently through Friday. Gynecology Devices Panel of the approved for control of: (1) Certain Dated: October 7, 1996. Medical Devices Advisory Committee, external, protozoan parasites and Stephen F. Sundlof, an FDA advisory committee, for review monogenetic trematodes on salmon, Director, Center for Veterinary Medicine. and recommendation because the trout, catfish, largemouth bass, and [FR Doc. 96–26682 Filed 10–17–96; 8:45 am] information in the PMA substantially bluegill; and (2) fungi of the family BILLING CODE 4160±01±F duplicates information previously Saprolegniaceae on salmon, trout, and reviewed by this panel. On September esocid eggs in accordance with 21 CFR 29, 1995, CDRH approved the 529.1030. The NRSP–7 Project, [Docket No. 96M±0255] application by a letter to the applicant Southern and Western Regions from the Director of the Office of Device (University of Florida, Gainesville, CareLink Corp.; Premarket Approval of Evaluation, CDRH. Florida and University of California, CareFoneTM Home Uterine Activity A summary of the safety and Davis, California), has filed data and Monitoring System, Model 2001 effectiveness data on which CDRH information that demonstrate safety and based its approval is on file in the effectiveness to all other finfish when AGENCY: Food and Drug Administration, Dockets Management Branch (address they are administered formalin solution HHS. above) and is available from that office for the above mentioned conditions of ACTION: Notice. upon written request. Requests should use. NRSP–7 has also filed human food be identified with the name of the safety data and an environmental SUMMARY: The Food and Drug device and the docket number found in assessment (EA), amended by the Center Administration (FDA) is announcing its brackets in the heading of this for Veterinary Medicine, that adequately approval of the application by CareLink document. addresses the potential impacts due to Corp., Santa Ana, CA, for premarket Opportunity for Administrative Review the expanded use of the drug product. approval, under the Federal Food, Drug, Approval of an application based on the and Cosmetic Act (the act), of Section 515(d)(3) of the act (21 U.S.C. data and information in this file requires CareFoneTM Home Uterine Activity 360e(d)(3)) authorizes any interested additional information concerning the Monitoring System, Model 2001. FDA’s person to petition, under section 515(g) potential environmental impact of the Center for Devices and Radiological of the act (21 U.S.C. 360e(g)), for manufacturing process. The abbreviated Health (CDRH) notified the applicant, administrative review of CDRH’s EA will be displayed when the NADA by letter of September 29, 1995, of the decision to approve this application. A is approved, so that the manufacturing approval of the application. petitioner may request either a formal site environmental impact can be hearing under part 12 (21 CFR part 12) DATES: Petitions for administrative included in the assessment. The EA of FDA’s administrative practices and review by November 18, 1996. filed by NRSP–7 may be seen at the procedures regulations or a review of Dockets Management Branch (HFA– ADDRESSES: Written requests for copies the application and CDRH’s action by an 305), Food and Drug Administration, of the summary of safety and independent advisory committee of 12420 Parklawn Dr., rm. 1–23, effectiveness data and petitions for experts. A petition is to be in the form Rockville, MD 20857, between 9 a.m. administrative review to the Dockets of a petition for reconsideration under and 4 p.m., Monday through Friday. Management Branch (HFA–305), Food § 10.33(b) (21 CFR 10.33(b)). A The data and information are and Drug Administration, 12420 petitioner shall identify the form of contained in PMF 5228. Sponsors of Parklawn Dr., rm. 1–23, Rockville, MD review requested (hearing or NADA’s or supplemental NADA’s may, 20857. independent advisory committee) and without further authorization, refer to FOR FURTHER INFORMATION CONTACT: shall submit with the petition the PMF to support approval of an Colin M. Pollard, Center for Devices and supporting data and information application filed under § 514.1(d) (21 Radiological Health (HFZ–470), Food showing that there is a genuine and CFR 514.1(d)). An NADA or and Drug Administration, 9200 substantial issue of material fact for supplemental NADA must include, in Corporate Blvd., Rockville, MD 20850, resolution through administrative addition to reference to the PMF, animal 301–594–1180. review. After reviewing the petition, Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54447

FDA will decide whether to grant or Assurance Advisory Committee would for public participation, and an open deny the petition and will publish a be held on October 21, 22, and 23, 1996. public hearing may last for whatever notice of its decision in the Federal On page 50033, in the first column, longer period the committee Register. If FDA grants the petition, the the ‘‘Type of meeting and contact chairperson determines will facilitate notice will state the issue to be person’’ portion is amended as follows: the committee’s work. reviewed, the form of review to be used, Type of meeting and contact person. Public hearings are subject to FDA’s the persons who may participate in the Open public hearing, October 21, 1996, guideline (subpart C of 21 CFR part 10) review, the time and place where the 9 a.m. to 10 a.m., unless public concerning the policy and procedures review will occur, and other details. participation does not last that long; for electronic media coverage of FDA’s Petitioners may, at any time on or open committee discussion, 10 a.m. to public administrative proceedings, before November 18, 1996, file with the 5 p.m.; open committee discussion, including hearings before public Dockets Management Branch (address October 22, 1996, 9 a.m. to 5 p.m.; open advisory committees under 21 CFR part above) two copies of each petition and committee discussion, October 23, 1996, 14. Under 21 CFR 10.205, supporting data and information, 8 a.m. to 10 a.m.; closed committee representatives of the electronic media identified with the name of the device deliberations, 10 a.m. to 10:30 a.m.; may be permitted, subject to certain and the docket number found in open committee discussion, 10:30 a.m. limitations, to videotape, film, or brackets in the heading of this to 5 p.m.; Charles K. Showalter, Center otherwise record FDA’s public document. Received petitions may be for Devices and Radiological Health administrative proceedings, including seen in the office above between 9 a.m. (HFZ–240), Food and Drug presentations by participants. and 4 p.m., Monday through Friday. Administration, 1350 Piccard Dr., Meetings of advisory committees shall This notice is issued under the Rockville, MD 20850, 301–594–3332, or be conducted, insofar as is practical, in Federal Food, Drug, and Cosmetic Act FDA Advisory Committee Information accordance with the agenda published (secs. 515(d), 520(h) (21 U.S.C. 360e(d), Hotline, 1–800–741–8138 (301–443– in this Federal Register notice. Changes 360j(h))) and under authority delegated 0572 in the Washington, DC area), in the agenda will be announced at the to the Commissioner of Food and Drugs National Mammography Quality beginning of the open portion of a (21 CFR 5.10) and redelegated to the Assurance Advisory Committee, code meeting. Director, Center for Devices and 12397. Any interested person who wishes to Radiological Health (21 CFR 5.53). On page 50033, in the second column, be assured of the right to make an oral in addition to the open committee presentation at the open public hearing Dated: October 4, 1996. discussion of the request of the portion of a meeting shall inform the Joseph A. Levitt, American Board of Certification in contact person listed above, either orally Deputy Director for Regulations Policy, Center Radiology to be designated as eligible to or in writing, prior to the meeting. Any for Devices and Radiological Health. certify interpreting physicians under the person attending the hearing who does [FR Doc. 96–26683 Filed 10–17–96; 8:45 am] Mammography Quality Standards Act not in advance of the meeting request an BILLING CODE 4160±01±F (the MQSA), a ‘‘Closed committee opportunity to speak will be allowed to deliberations’’ portion is added as make an oral presentation at the follows: hearing’s conclusion, if time permits, at Advisory Committee Meeting; Closed committee deliberations. On the chairperson’s discretion. Amendment of Notice October 23, 1996, the committee will The agenda, the questions to be discuss confidential commercial addressed by the committee, and a AGENCY: Food and Drug Administration, information submitted in connection current list of committee members will HHS. with the request of the American Board be available at the meeting location on ACTION: Notice. of Certification in Radiology to be the day of the meeting. designated as eligible to certify Transcripts of the open portion of the SUMMARY: The Food and Drug interpreting physicians under the meeting may be requested in writing Administration (FDA) is announcing an MQSA. This portion of the meeting will from the Freedom of Information Office amendment to the notice of a meeting of be closed to permit discussion of this (HFI–35), Food and Drug the National Mammography Quality information (5 U.S.C. 552b(c)(4)). Administration, 5600 Fishers Lane, rm. Assurance Advisory Committee, which Each public advisory committee 12A–16, Rockville, MD 20857, is scheduled for October 21, 22, and 23, meeting listed above may have as many approximately 15 working days after the 1996. This meeting was announced in as four separable portions: (1) An open meeting, at a cost of 10 cents per page. the Federal Register of September 24, public hearing, (2) an open committee The transcript may be viewed at the 1996 (61 FR 50031 at 50033). The discussion, (3) a closed presentation of Dockets Management Branch (HFA– amendment is being made to add a data, and (4) a closed committee 305), Food and Drug Administration, closed session to the agenda scheduled deliberation. Every advisory committee 12420 Parklawn Dr., rm. 1–23, for October 23, 1996. There are no other meeting shall have an open public Rockville, MD 20857, approximately 15 changes. This amendment will be hearing portion. Whether or not it also working days after the meeting, between announced at the beginning of the open includes any of the other three portions the hours of 9 a.m. and 4 p.m., Monday portion of the meeting. will depend upon the specific meeting through Friday. Summary minutes of FOR FURTHER INFORMATION CONTACT: involved. The dates and times reserved the open portion of the meeting may be Charles K. Showalter, Center for Devices for the separate portions of each requested in writing from the Freedom and Radiological Health (HFZ–240), committee meeting are listed above. of Information Office (address above) Food and Drug Administration, 1350 The open public hearing portion of beginning approximately 90 days after Piccard Dr., Rockville, MD 20850, 301– the meeting(s) shall be at least 1 hour the meeting. 594–3332. long unless public participation does The Commissioner has determined for SUPPLEMENTARY INFORMATION: In the not last that long. It is emphasized, the reasons stated that those portions of Federal Register of September 24, 1996, however, that the 1 hour time limit for the advisory committee meetings so FDA announced that a meeting of the an open public hearing represents a designated in this notice shall be closed. National Mammography Quality minimum rather than a maximum time The Federal Advisory Committee Act 54448 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

(FACA) (5 U.S.C. app. 2, 10(d)), permits Dated: October 15, 1996. Agreement With the European Union such closed advisory committee Michael A. Friedman, Concerning the Mutual Recognition of meetings in certain circumstances. Deputy Commissioner for Operations. Inspections to Determine Adherence to Those portions of a meeting designated [FR Doc. 96–26915 Filed 10–16–96; 12:37 Good Manufacturing Practices for as closed, however, shall be closed for pm] Pharmaceuticals Including Biologicals’’ the shortest possible time, consistent BILLING CODE 4160±01±F to Walter M. Batts or Merton V. Smith with the intent of the cited statutes. (address below). Send two self- The FACA, as amended, provides that addressed adhesive labels to assist that a portion of a meeting may be closed [Docket No. 95S±0181] office in processing your requests. where the matter for discussion involves Mutual Recognition Agreement (MRA); Submit written comments on ‘‘FDA a trade secret; commercial or financial Public Meeting; Availability Proposal for an Agreement With the information that is privileged or European Union Concerning the Mutual confidential; information of a personal AGENCY: Food and Drug Administration, Recognition of Inspections to Determine nature, disclosure of which would be a HHS. Adherence to Good Manufacturing clearly unwarranted invasion of ACTION: Notice of public meeting and Practices for Pharmaceuticals Including personal privacy; investigatory files availability of draft document. Biologicals’’ to Merton V. Smith (address below). Two copies of any compiled for law enforcement purposes; SUMMARY: The Food and Drug information the premature disclosure of Administration (FDA) (Office of comments are to be submitted, except which would be likely to significantly External Affairs, Office of International that individuals may submit one copy. frustrate implementation of a proposed Affairs; Office of Policy; Office of Comments are to be identified with the agency action; and information in Operations, Office of Regulatory Affairs; docket number found in brackets in the certain other instances not generally and the Centers for Biologics Evaluation heading of this document. A copy of relevant to FDA matters. and Research, Drug Evaluation and ‘‘FDA Proposal for an Agreement with Examples of portions of FDA advisory Research, and Veterinary Medicine) is the European Union Concerning the committee meetings that ordinarily may announcing a public meeting to provide Mutual Recognition of Inspections to be closed, where necessary and in information about discussions with the Determine Adherence to Good accordance with FACA criteria, include European Union (EU) related to a Manufacturing Practices for the review, discussion, and evaluation possible agreement to exchange Pharmaceuticals Including Biologicals’’ of drafts of regulations or guidelines or inspectional information on good and received comments may be seen at similar preexisting internal agency manufacturing practices and quality the Dockets Management Branch documents, but only if their premature controls for human biologicals and between 9 a.m and 4 p.m., Monday disclosure is likely to significantly human and animal drugs. At a meeting through Friday. frustrate implementation of proposed held on March 31, 1995, FDA FOR FURTHER INFORMATION CONTACT: agency action; review of trade secrets committed to keeping the public For information regarding registration: and confidential commercial or informed about the progress of these Nathaniel L. Geary, Industry and financial information submitted to the negotiations and to receiving comments Small Business Liaison Staff (HF– agency; consideration of matters on FDA’s proposal for an MRA. FDA is 50), Food and Drug Administration, involving investigatory files compiled also announcing the availability of the 5600 Fishers Lane, Rockville, MD for law enforcement purposes; and document entitled ‘‘FDA Proposal for an 20857, 301–827–3375, FAX 301– review of matters, such as personnel Agreement With the European Union 443–5153. records or individual patient records, Concerning the Mutual Recognition of For information regarding comments: where disclosure would constitute a Inspections to Determine Adherence to Walter M. Batts or Merton V. Smith, clearly unwarranted invasion of Good Manufacturing Practices for Office of International Affairs personal privacy. Pharmaceuticals Including Biologicals.’’ (HFG–1), Food and Drug Examples of portions of FDA advisory DATES: The public meeting will be held Administration, 5600 Fishers Lane, committee meetings that ordinarily shall on Wednesday, October 30, 1996, from Rockville, MD 20857, 301–827– not be closed include the review, 9 a.m. to 1 p.m. Those persons 4480, FAX 301–443–0235. discussion, and evaluation of general interested in attending this meeting SUPPLEMENTARY INFORMATION: Joint preclinical and clinical test protocols must fax their registration, including discussions between the U.S. and procedures for a class of drugs or name(s), firm/organization name, Department of Agriculture, Animal and devices; consideration of labeling address, and telephone and fax number Plant Health Inspection Service, and the requirements for a class of marketed by October 25, 1996, to Nathaniel L. FDA with the EU, were disclosed in a drugs or devices; review of data and Geary (address below). Those persons public meeting held in Washington, DC information on specific investigational interested in making a presentation at on March 31, 1995. FDA is interested in or marketed drugs and devices that have this meeting must contact Nathaniel L. the views of industry and other previously been made public; Geary (address below) by October 25, interested parties on its approach to presentation of any other data or 1996. There is no registration fee for this negotiating an MRA with the EU. It information that is not exempt from meeting, but advance registration is would be useful for FDA to receive public disclosure pursuant to the FACA, required. Space is limited and all comments on the following issues: What as amended; and, deliberation to interested parties are encouraged to effect will such an agreement have upon formulate advice and recommendations register early. Written comments may be importation and exportation of those to the agency on matters that do not submitted at any time. drug and biological products which independently justify closing. ADDRESSES: The public meeting will be would be covered by an MRA? What This notice is issued under section held at the Parklawn Bldg., conference effect on product safety or other 10(a)(1) and (a)(2) of the Federal room E, 5600 Fishers Lane, Rockville, product-related matters, if any, do Advisory Committee Act (5 U.S.C. app. MD 20857. industry and other interested parties 2), and FDA’s regulations (21 CFR part Submit written requests for single perceive to result from entering into an 14) on advisory committees. copies of ‘‘FDA Proposal for an MRA? Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54449

Interested persons may submit written Ms. Marie Watkins, Committee National Institute of Child Health and comments on ‘‘FDA Proposal for an Management Officer, NEI, EPS/350, Human Development; Notice of Agreement With the European Union Bethesda, Maryland 20892, (301) 496–5301, Meeting of the National Advisory Concerning the Mutual Recognition of will provide a summary of the meeting, roster Board on Medical Rehabilitation Inspections to Determine Adherence to of committee members, and substantive Research Good Manufacturing Practices for program information upon request. Pharmaceuticals Including Biologicals’’ Individuals who plan to attend and need Pursuant to Section 10(d) of the to Merton V. Smith (address above). special assistance, such as sign language Federal Advisory Committee Act, as Two copies of any comments are to be interpretation or other reasonable amended (5 United States Code submitted, except that individuals may accommodations, should contact Ms. Appendix 2), notice is hereby given of submit one copy. Comments are to be Watkins in advance of the meeting. the meeting of the National Advisory identified with the docket number (Catalog of Federal Domestic Assistance Board on Medical Rehabilitation found in brackets in the heading of this Program No. 93.867, Vision Research; Research, National Institute of Child document. A copy of ‘‘FDA Proposal for National Institutes of Health) Health and Human Development, an Agreement With the European Union Dated: October 10, 1996. November 18–19, 1996, Radisson Mark Concerning the Mutual Recognition of Plaza Hotel, 5000 Seminary Road, Paula N. Hayes, Alexandria, Virginia. Inspections to Determine Adherence to Acting Committee Management Officer, NIH. Good Manufacturing Practices for The meeting will be open to the public [FR Doc. 96–26690 Filed 10–17–96; 8:45 am] Pharmaceuticals Including Biologicals’’ from 8:30 a.m. to 5:00 p.m. on November 18 and received comments may be seen at BILLING CODE 4140±01±M and 8:30 a.m. to adjournment on November the Dockets Management Branch 19. Attendance by the public will be limited to space available. Board topics will include: (address above) between 9 a.m. and 4 National Institute of Mental Health; (1) A report on fiscal issues concerning the p.m. Notice of Closed Meeting National Center for Medical Rehabilitation Dated: October 16, 1996. Research (Center) and the Institute; (2) William K. Hubbard, reports on program activities of the Center; Pursuant to Section 10(d) of the (3) a discussion of general priority areas of Associate Commissioner for Policy Federal Advisory Committee Act, as research for the Center; (4) a discussion of Coordination. amended (5 U.S.C. Appendix 2), notice support for medical rehabilitation research [FR Doc. 96–26914 Filed 10–17–96; 8:45 am] is hereby given of the following meeting by government agencies; and (5) BILLING CODE 4160±01±F of the National Institute of Mental development of a conference to define the Health Special Emphasis Panel: structure for clinical trials in medical rehabilitation. National Institutes of Health Agenda/Purpose: To review and evaluate Ms. Debbie Welty, Board Secretary, grant applications. NICHD, 6100 Building, Room 2A03, National National Eye Institute; Notice of Committee Name: National Institute of Institutes of Health, Bethesda, Maryland Meeting of Board of Scientific Mental Health Special Emphasis Panel. 20892, Area Code 301–402–2242, will Date: October 24, 1996. provide a summary of the meeting and a Counselors roster of Advisory Board members as well as Time: 1 p.m. substantive program information. Individuals Pursuant to Pub. L. 92–463, notice is Place: Parklawn Building, Room 9C–18, who plan to attend and need special hereby given of the meeting of the Board 5600 Fishers Lane, Rockville, MD 20857. assistance, such as sign language of Scientific Counselors, National Eye Contact Person: Phyllis L. Zusman, interpretation or other reasonable Institute, December 9 and 10, 1996 in Parklawn Building, Room 9C–18, 5600 accommodations, should contact Ms. Welty. Building 31, Room 6A35, National Fishers Lane, Rockville, MD 20857, Dated: October 10, 1996. Institutes of Health, Bethesda, Telephone: 301, 443–1340. Paula N. Hayes, The meeting will be closed in accordance Maryland. Acting Committee Management Officer, NIH. with the provisions set forth in secs. This meeting will be open to the public on 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. [FR Doc. 96–26691 Filed 10–17–96; 8:45 am] December 9 from 9 a.m. until approximately Applications and/or proposals and the BILLING CODE 4140±01±M 4 p.m. for general remarks by the Director, discussions could reveal confidential trade Intramural Research Program, National Eye Institute (NEI), on matters concerning the secrets or commercial property such as patentable material and personal information National Institute of Neurological intramural program of the NEI. Attendance Disorders and Stroke; Division of by the public will be limited to space concerning individuals associated with the applications and/or proposals, the disclosure Extramural Activities; Notice of Closed available. Meeting In accordance with provisions set forth in of which would constitute a clearly sec. 552b(c)(6), Title 5, U.S.C. and sec. 10(d) unwarranted invasion of personal privacy. Pursuant to Section 10(d) of the of Pub. L. 92–463, the meeting will be closed This notice is being published less than Federal Advisory Committee Act, as to the public on December 9 from fifteen days prior to the meeting due to the amended (5 U.S.C. Appendix 2), notice approximately 4 p.m. until recess and on urgent need to meet timing limitations is hereby given of the following December 10 from 8:30 a.m. until imposed by the review and funding cycle. adjournment for the review, discussion, and meeting: (Catalog of Federal Domestic Assistance evaluation of individual projects conducted Name of Committee: National Institute of by the Laboratory of Retinal Cell and Program Numbers 93.242, 93.281, 93.282) Neurological Disorders and Stroke Special Molecular Biology. These evaluations and Dated: October 11, 1996. Emphasis Panel. discussions could reveal personal Paula N. Hayes, Date: November 6, 1996. information concerning individuals Time: 8:00 a.m. Acting Committee Management Officer, NIH. associated with the projects, including Place: Federal Building, Conference Room consideration of personnel qualifications and [FR Doc. 96–26689 Filed 10–17–96; 8:45 am] 6B08 7550 Wisconsin Avenue, Bethesda, MD performance, and the competence of BILLING CODE 4140±01±M 20814. individual investigators, the disclosure of Contact Person: Dr. Katherine Woodbury- which would constitute a clearly Harris, Scientific Review Administrator unwarranted invasion of personal privacy. National Institutes of Health, 7550 Wisconsin 54450 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Avenue, Room 9C10, Bethesda, MD 20892, This notice is being published less than Health Sciences Special Emphasis Panel (301) 496–9223. fifteen days prior to the meetings due to the (SEP) meeting: Purpose/Agenda: To review and evaluate urgent need to meet timing limitations 20 contract proposals. imposed by the review and funding cycle. Name of SEP: Paternal Exposure The meeting will be closed in accordance Assessment for Reproductive Studies, (Catalog of Federal Domestic Assistance (Telephone Conference Call). with the provisions set forth in secs. Program Numbers 93.242, 93.281, 93.282) Date: October 21, 1996. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Dated: October 10, 1996. Time: 1:00 p.m. Applications and/or proposals and the Place: National Institute of Environmental discussions could reveal confidential trade Paula N. Hayes, Acting Committee Management Officer, NIH. Health Sciences, Building 17, Rm. 1713, secrets or commercial property such as Research Triangle Park, NC 27709. patentable material and personal information [FR Doc. 96–26693 Filed 10–17–96; 8:45 am] Contact Person: Mr. David P. Brown, concerning individuals associated with the BILLING CODE 4140±01±M National Institute of Environmental Health applications and/or proposals, the disclosure Sciences, P.O. Box 12233, Research Triangle of which would constitute a clearly Park, NC 27709, (919) 541–4964. unwarranted invasion of personal privacy. National Institute on Deafness and Purpose/Agenda: To review and evaluate This notice is being published less than Other Communication Disorders; grant applications. fifteen days prior to the meeting due to the Notice of Closed Meeting The meeting will be closed in accordance urgent need to meet timing limitations with the provisions set forth in secs. imposed by the review and funding cycle. Pursuant to Section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. (Catalog of Federal Domestic Assistance Grant applications and proposals and the Program No. 93.853, Clinical Research Federal Advisory Committee Act, as discussions could reveal confidential trade Related to Neurological Disorders; No. amended (5 U.S.C., Appendix 2), notice secrets or commercial property such as 93.854, Biological Basis Research in the is hereby given of the following patentable material and personal information Neurosciences) meeting: concerning individuals associated with the applications, the disclosure of which would Dated: October 10, 1996. Name of Committee: National Institute on constitute a clearly unwarranted invasion of Deafness and Other Communication, Paula N. Hayes, personal privacy. Disorders Special Emphasis Panel. Acting Committee Management Officer, NIH. This notice is being published less than Date: November 8, 1996. fifteen days prior to this meeting due to the [FR Doc. 96–26692 Filed 10–17–96; 8:45 am] Time: 8:00 a.m.–5:00 p.m. BILLING CODE 4140±01±M urgent need to meet timing limitations Place: Doubletree Hotel, 1750 Rockville imposed by the grant review and funding Pike, Rockville MD 20852. cycle. Contact Person: Melissa Stick, Ph.D., National Institute of Mental Health; M.P.H., Scientific Review Administrator, (Catalog of Federal Domestic Assistance Programs Nos. 93.113, Biological Response to Notice of Closed Meetings NIDCD/DEA/SRB, EPS Room 400C, 6120 Environmental Agents; 93.114, Applied Executive Boulevard, MSC 7180, Bethesda Toxicological Research and Testing; 93.115, MD 20892–7180, 301–496–8683. Pursuant to Section 10(d) of the Biometry and Risk Estimation; 93.894, Purpose/Agenda: To review and evaluate Federal Advisory Committee Act, as Resource and Manpower Development, amended (5 U.S.C. Appendix 2), notice Small Grant applications. The meeting will National Institutes of Health) is hereby given of the following be closed in accordance with the provisions set forth in sections 552b(c)(4) and Dated: October 10, 1996. meetings of the National Institute of 552b(c)(6), Title 5, U.S.C. The applications Paula N. Hayes, Mental Health Special Emphasis Panel: and/or proposals and the discussion could Acting Committee Management Officer, NIH. Agenda/Purpose: To review and evaluate reveal confidential trade secrets or [FR Doc. 96–26696 Filed 10–17–96; 8:45 am] commercial property such as patentable grant applications. BILLING CODE 4140±01±M Committee Name: National Institute of material and personal information Mental Health Special Emphasis Panel. concerning individuals associated with the Date: October 16, 1996. applications and/or proposals, the disclosure of which would constitute a clearly Division of Research Grants; Notice of Time: 9:15 a.m. Meeting of the Division of Research Place: Parklawn, Room 9C–18, 5600 unwarranted invasion of personal privacy. Fishers Lane, Rockville, MD 20857. This notice is being published less than Grants Advisory Committee Contact Person: Angela L. Redlingshafer, fifteen days prior to the meeting due to the Pursuant to Pub. L. 92–463, notice is Parklawn, Room 9C–18, 5600 Fishers Lane, urgent need to meet timing limitations imposed by the review and funding cycle. hereby given of the meeting of the Rockville, MD 20857, Telephone: 301, 443– Division of Research Grants Advisory 1367. (Catalog of Federal Domestic Assistance Committee Name: National Institute of Program No. 93.173 Biological Research Committee, November 18–19, 1996, Mental Health Special Emphasis Panel. Related to Deafness and Communication Building 31C, Conference Room 6, Date: October 31, 1996. Disorders) National Institutes of Health, Bethesda, Time: 1:30 p.m. Dated: October 10, 1996. Maryland 20892. Place: Parklawn Building, Room 9C–26, Paula N. Hayes, The entire meeting will be open to the 5600 Fishers Lane, Rockville, MD 20857. Acting Committee Management Officer, NIH. public from 8:30 a.m. on November 18 to Contact Person: Phyllis D. Artis, Parklawn adjournment on November 19. The meeting Building, Room 9C–26, 5600 Fishers Lane, [FR Doc. 96–26695 Filed 10–17–96; 8:45 am] will include, among other topics, a Rockville, MD 20857, Telephone: 301, 443– BILLING CODE 4140±01±M discussion of some recent experiences and 6470. experiments in streamlining the peer review The meetings will be closed in accordance system. Attendance by the public will be with the provisions set forth in secs. National Institute of Environmental limited to space available. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Health Sciences; Notice of Closed The Office of Committee Management, Applications and/or proposals and the Meeting Division of Research Grants, Rockledge 2 discussions could reveal confidential trade Building, Suite 3016, National Institutes of secrets or commercial property such as Pursuant to Section 10(d) of the Health, Bethesda, Maryland 20892–7778, patentable material and personal information telephone (301) 435–1124, will furnish a concerning individuals associated with the Federal Advisory Committee Act, as summary of the meeting and a roster of the applications and/or proposals, the disclosure amended (5 U.S.C. Appendix 2), notice committee members. of which would constitute a clearly is hereby given of the following Dr. Samuel Joseloff, Executive Secretary of unwarranted invasion of personal privacy. National Institute of Environmental the Committee, Rockledge 2 Building, Suite Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54451

3176, National Institutes of Health, Bethesda, Time: 1:00 p.m. Dated: October 10, 1996. Maryland 20892–7762, phone (301) 435– Place: NIH, Rockledge 2, Room 4154, Paula N. Hayes, 0691, will provide substantive program Telephone Conference. information upon request. Contact Person: Dr. Gopa Rakhit, Scientific Acting Committee Management Officer, NIH. Individuals who plan to attend and need Review Administrator, 6701 Rockledge Drive, [FR Doc. 96–26694 Filed 10–17–96; 8:45 am] special assistance, such as sign language Room 4154, Bethesda, Maryland 20892, (301) BILLING CODE 4140±01±M interpretation or other reasonable 435–1721. accommodations, should contact the Name of SEP: Chemistry and Related Executive Secretary at least two weeks in Sciences. Statement of Organization, Functions, advance of the meeting. Date: November 21–23, 1996. and Delegations of Authority Dated: October 9, 1996. Time: 8:00 p.m. Paula N. Hayes, Place: Sheraton University Inn, Part H, Chapter HN (National Philadelphia, PA. Institutes of Health) of the Statement of Acting Committee Management Officer, NIH. Contact Person: Dr. Richard Panniers, [FR Doc. 96–26688 Filed 10–17–96; 8:45 am] Scientific Review Administrator, 6701 Organization, Functions, and BILLING CODE 4140±01±M Rockledge Drive, Room 5106, Bethesda, Delegations of Authority for the Maryland 20892, (301) 435–1166. Department of Health and Human Name of SEP: Clinical Sciences. Services (40 FR 22859, May 27, 1975, as Division of Research Grants; Notice of Date: November 22, 1996. amended most recently at 61 FR 42433, Closed Meetings Time: 1:00 p.m. August 15, 1996) is amended to reflect Place: NIH Rockledge 2, Room 4140, organizational changes at the National Pursuant to Section 10(d) of the Telephone Conference. Institute of General Medical Sciences Federal Advisory Committee Act, as Contact Person: Dr. Larry Pinkus, Scientific (NIGMS) (HNS) as follows: (1) Revise amended (5 U.S.C. Appendix 2), notice Review Administrator, 6701 Rockledge Drive, the functional statement for the Office of is hereby given of the following Division Room 4140, Bethesda, Maryland 20892, (301) 435–1214. the Director (HNS1); (2) retitle the Office of Research Grants Special Emphasis of Research Reports as the Public Panel (SEP) meetings: Purpose/Agenda: To review Small Business Innovation Research. Information Office (HNS13); and (3) Purpose/Agenda: To review individual Name of SEP: Microbiological and revise the functional statement for the grant applications. Immunological Sciences. Public Information Office. Name of SEP: Biological and Physiological Date: November 13, 1996. Section HNS–B, Organization and Sciences. Time: 9:00 a.m. Date: November 4–5, 1996. Place: Holiday Inn, Bethesda, Maryland. Functions is amended as follows: (1) Time: 8:00 a.m. Contact Person: Dr. Gilbert Meier, Under the heading National Institute of Place: George Washington University Inn, Scientific Review Administrator, 6701 General Medical Sciences (HNS), insert Washington, DC. Rockledge Drive, Room 4200, Bethesda, the following: Contact Person: Dr. Gilbert Meier, Maryland 20892, (301) 435–1219. Scientific Review Administrator, 6701 Office of the Director (HNS1). (1) Name of SEP: Microbiological and Plans, directs, and coordinates the Rockledge Drive, Room 4200, Bethesda, Immunological Sciences. Maryland 20892, (301) 435–1219. development and progress of Institute Date: November 22, 1996. programs; (2) provides consultative This notice is being published less than Time: 9:00 a.m. fifteen days prior to the meeting due to the Place: Holiday Inn, Chevy Chase, MD. services and research information to urgent need to meet timing limitations Contact Person: Dr. Gilbert Meier, other NIH components, Federal and imposed by the review and funding cycle. Scientific Review Administrator, 6701 non-Federal organizations, and for Name of SEP: Chemistry and Related Rockledge Drive, Room 4200, Bethesda, guidance of the National Advisory Sciences. Maryland 20892, (301) 435–1219. General Medical Sciences Council; (3) Date: November 13, 1996. Time: 2:00 p.m. Name of SEP: Biological and Physiological directs evaluation of the status of Place: NIH, Rockledge 2, Room 4156, Sciences. support and accomplishments of Telephone Conference. Date: November 22, 1996. Institute program areas; (4) provides Contact Person: Dr. Ronald DuBois, Time: 9:00 a.m. internal management, research reports, Scientific Review Administrator, 6701 Place: American Inn, Bethesda, MD. and administrative services to the Rockledge Drive, Room 4156, Bethesda, Contact Person: Dr. Nicholas Mazarella, Institute; and (5) directs and manages Maryland 20892, (301) 435–1722. Scientific Review Administrator, 6701 Rockledge Drive, Room 5128, Bethesda, the Institute’s Equal Employment Name of SEP: Chemistry and Related Maryland 20892, (301) 435–1018. Opportunity (EEO) Program. Sciences. Date: November 18. 1996. The meetings will be closed in Public Information Office (HNS13). Time: 8:30 a.m. accordance with the provisions set forth (1) Communicates the goals and results Place: Hyatt Arlington, Arlington, VA. in secs. 552b(c)(4) and 552b(c)(6), Title of NIGMS-supported research and Contact Person: Dr. Alex Liacouras, 5, U.S.C. Applications and/or proposals provides information about NIGMS’s Scientific Review Administrator, 6701 and the discussions could reveal mission, programs, activities, and Rockledge Drive, Room 5154, Bethesda, confidential trade secrets or commercial initiatives to the general public and Maryland 20892, (301) 435–1740. property such as patentable material specific target audiences, both directly Name of SEP: Multidisciplinary Sciences. and personal information concerning and via intermediaries, such as the news Date: November 20, 1996. indidivudals associated with the media; (2) advises the Director and other Time: 2:30 p.m. applications and/or proposals, the NIGMS staff on communication matters Place: NIH, Rockledge 2, Room 5114, and, as appropriate, assists NIGMS staff Telephone Conference. disclosure of which would constitute a Contact Person: Dr. Gerald Becker, clearly unwarranted invasion of in meeting their communication needs; Scientific Review Administrator, 6701 personal privacy. and (3) assures compliance with NIH Rockledge Drive, Room 5114, Bethesda, (Catalog of Federal Domestic Assistance and Departmental procedures for the Maryland 20892, (301) 435–1750. Program Nos. 93.306, 93.333, 93,337, 93.393– review and clearance of public Name of SEP: Chemistry and Related 93.396, 93.837–93.844, 93.846–93.878, materials, including manuscripts, Sciences. 93.892, 93.893, National Institutes of Health, speeches, and publicly available Date: November 21, 1996. HHS) electronic documents. 54452 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Dated: October 7, 1996. Dated: October 11, 1996. inspection and reproduction during Harold Varmus, Jacquie M. Lawing, regular business hours within thirty (30) Director, NIH. Deputy Assistant Secretary for Economic days following the meeting. [FR Doc. 96–26697 Filed 10–17–96; 8:45 am] Development. Stuart L. Freer, BILLING CODE 4140±01±M Correction: Properties at Fort Totten, New Associate District Manager. York were recently published inadvertently [FR Doc. 96–26801 Filed 10–17–96; 8:45 am] on September 6, 1996 at 61 FR 47133, 47150. BILLING CODE 4310±JB±P [FR Doc. 96–26717 Filed 10–17–96; 8:45 am] BILLING CODE 4210±29±M DEPARTMENT OF HOUSING AND [CO±010±06±1020±00±241A] URBAN DEVELOPMENT Northwest Colorado Resource [Docket No. FR±4124±N±08] DEPARTMENT OF THE INTERIOR Advisory Council; Meeting AGENCY: Bureau of Land Management, Office of the Assistant Secretary for Bureau of Land Management Interior. Community Planning and [CO±050±1020±00] ACTION: Development; Federal Property Notice of meeting. Suitable as Facilities To Assist the Front Range Resource Advisory SUMMARY: Notice is hereby given that Homeless Council (Colorado); Meeting the next meeting of the Northwest AGENCY: Bureau of Land Management, Colorado Resource Advisory Council AGENCY: Office of the Assistant Interior. will be held on November 15, 1996. Secretary for Community Planning and ACTION: Notice of meeting. DATES: The meeting is scheduled for Development, HUD. Friday, November 15, 1996 in ACTION: Notice. SUMMARY: In accordance with the Kremmling, Colorado. Federal Advisory Committee Act of ADDRESSES: For further information, SUMMARY: This Notice identifies 1972 (FACA), 5 U.S.C. Appendix, notice contact Lynda Boody, Bureau of Land unutilized, underutilized, excess, and is hereby given that the next two Measurement (BLM), Grand Junction meetings of the Front Range Resource surplus Federal property reviewed by District Office, 2815 H Road, Grand Advisory Council (Colorado) will be HUD for suitability for possible use to Junction, Colorado 81506; Telephone held on November 14, 1996 and January assist the homeless. This notice also (970) 244–3000; TDD (970) 244–3011. 16, 1997 in Canon City, Colorado. SUPPLEMENTARY INFORMATION: The removes properties at Fort Totten, NY, Both meetings are scheduled to begin which were inadvertently published on meeting is scheduled to begin at 9:00 at 9 a.m. at the Bureau of Land a.m. September 6, 1996, at 61 FR 47113, Management’s (BLM) Canon City 47150. This meeting will be held at the District Office, 3170 East Main Street, Latigo Ranch, 201 County Road 1911, EFFECTIVE DATE: October 18, 1996. Canon City, Colorado. The agenda on Kremmling, CO 80459, (970) 724–9008. November 14 will include a brief The agenda for this meeting will focus FOR FURTHER INFORMATION CONTACT: discussion of Rangeland Standard and on general Council business, issues with Mark Johnston, Department of Housing Guidelines and a discussion about which the Council would like to become and Urban Development, Room 7256, beginning work on recreation involved, new business, committee 451 Seventh Street SW, Washington, DC guidelines. The meeting January 16 will reports, and reports from the Area 20410; telephone (202) 708–1226; TDD be a continuation of the topics of the Managers on local issues. number for the hearing- and speech- previous meeting. All Resource Advisory Council impaired (202) 708–2565, (these All Resource Advisory Council meetings are open to the public. telephone numbers are not toll-free), or meetings are open to the public. Interested persons may make oral call the toll-free Title V information line Interested persons may make oral statements to the Council, or written at 1–800–927–7588. statements to the Council at 9:15 a.m. or statements may be submitted for the written statements may be submitted for Council’s consideration. Public SUPPLEMENTARY INFORMATION: In the Council’s consideration. The District comment will be taken throughout the accordance with the December 12, 1988 Manager may limit the length of oral meeting. Depending on the number of court order in National Coalition for the presentations depending on the number persons wishing to make oral Homeless versus Veterans of people wishing to speak. statements, a per-person time limit may Administration, No. 88–2503–OG DATES: The meetings are scheduled for be established by the Grand Junction/ (D.D.C.), HUD publishes a Notice, on a Thursday, November 14, 1996 and Craig District Manager. weekly basis, identifying unutilized, January 16, 1997 from 9 a.m. to 4 p.m. Summary minutes for the Council underutilized, excess and surplus ADDRESSES: Bureau of Land meeting will be maintained in the Grand Federal buildings and real property that Management (BLM), Canon City District Junction and Craig District Offices and HUD has reviewed for suitability for use Office, 3170 East Main Street, Canon will be available for public inspection to assist the homeless. Today’s Notice is City, Colorado 81212; Telephone (719) and reproduction during regular for the purpose of announcing that no 269–8500; TDD (719) 269–8597. business hours within thirty (30) days additional properties have been following the meeting. FOR FURTHER INFORMATION CONTACT: Ken determined suitable or unsuitable this Smith at (719) 269–8553. Dated: October 7, 1996. week and to correct the notice of SUPPLEMENTARY INFORMATION: Mark Morse, September 6, 1996. Summary minutes for the Council meeting will be Grand Junction/Craig District Manager. maintained in the Canon City District [FR Doc. 96–26792 Filed 10–17–96; 8:45 am] Office and will be available for public BILLING CODE 4310±70±M Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54453

[UT±940±1910±00±4677] Service, Geometronics Service Center, to land have been examined and identified support its mapping program. as suitable for disposal by sale under Idaho: Filing of Protraction Diagrams All inquiries concerning the survey of section 203 of the Federal Land Policy in Idaho the above described land must be sent and Management Act (FLPMA) of 1976 to the Chief, Cadastral Survey, Idaho (90 Stat. 2750; 43 U.S.C. 1713) at no less The protraction diagrams of the State Office, Bureau of Land than the appraised fair market value following described unsurveyed Management, 3380 Americana Terrace, shown. The parcels are isolated, townships, all in Boise Meridian, Idaho, Boise, Idaho, 83706. were officially filed in the Idaho State difficult and uneconomical to manage as Office, Bureau of Land Management, Dated: October 7, 1996. part of the public land system, and are Boise, Idaho, effective 9:00 a.m. October Harry K. Smith, not suitable for management by another 7, 1996. Acting Chief Cadastral Surveyor for Idaho. Federal department or agency. The sale [FR Doc. 96–26795 Filed 10–17–96; 8:45 am] is consistent with the BLM’s planning T. 33 N., R. 8 E.; T. 34 N., R. 8 E.; T. 33 BILLING CODE 4310±GG±M efforts, and the public interest will be N., R. 9 E.; T. 34 N., R. 9 E.; T. 33 N., R. 10 E.; T. 34 N., R. 10 E.; T. 33 N., R. 11 E.; T. served by offering this land for sale. 34 N., R. 11 E.; T. 35 N., R. 11 E.; T. 36 N., [NM±038±1430±00] Sale Method R. 11 E.; T. 33 N., R. 12 E.; T. 34 N., R. 12 E.; T. 35 N., R. 12 E.; T. 36 N., R. 12 E.; T. Sale of Public Land In Socorro County, Parcels 1 and 2 will be offered for sale 33 N., R. 13 E.; T. 34 N., R. 13 E.; T. 35 N., NM using competitive bidding procedures R. 13 E.; T. 36 N., R. 13 E.; T. 33 N., R. 14 AGENCY: Bureau of Land Management (43 CFR 2711.3–1) as described below. E.; T. 34 N., R. 14 E.; T. 33 N., R. 15 E.; T. Parcels 3, 4 and 5 will be offered to the 34 N., R. 15 E.; T. 33 N., R. 16 E.; T. 34 N., (BLM), Interior. listed parties through direct sale R. 16 E. ACTION: Notice of realty action. procedures not less than 60 days from The preparation of these diagrams SUMMARY: The BLM announces the publication of this notice (43 CFR was requested by the USDA Forest following described parcels of public 2711.3–3).

PARCEL INFORMATION [Legal description, NMPM]

Appraised Parcel No. Serial NMNM Township Rge. Sec. Lot Acres value Method of sale

1 ...... 69950 4S 1E 18 21 5.78 $5,780 Competitive. 2 ...... 69955 4S 1E 33 17 17.20 8,600 Competitive. 3 ...... 66330 2S 1E 31 11 2.76 6,900 Direct to Connie Gonzales, et al. 4 ...... 75579 5S 1E 4 40 16.92 1,690 Direct to Cleto Vasquez. 5 ...... 75580 5S 1E 4 41 16.93 1,690 Direct to Esquipula Vigil, Jr.

Competitive Bidding Procedures received for that parcel, the required amount must be marked in the determination of which is to be lower left-hand corner as follows: The sale of Parcels 1 and 2 will be by considered the highest designated bid llllllll competitive sealed bids followed by oral Public Sale Bid Parcel No. will be by supplemental bidding. In Serial No. llllllllllllllll bidding. Sealed bids will be accepted in such a case, the high bidders will be the Socorro Resource Area Office, 198 llllllllllllllll allowed to submit oral or sealed bids as Sale Date Neel Avenue, NW, Socorro, New lllllllll designated by the Authorized Officer. Date of Bid Submission Mexico 87801, until 10 a.m. on January After oral bids are received, the highest 15, 1997, the day of the sale. Oral bids Each successful oral bidder will be will be accepted commencing at 10:15 qualifying bid, whether sealed or oral, required to pay not less than 20 percent a.m. following the opening of all sealed shall be declared by the Authorized of the amount of the bid immediately bids, at the same place on the same sale Officer. following the sale. Payment must be by date. Sealed bids of less than the Bidders must be 18 years of age or cash, personal check, bank draft, money appraised fair market value will be over and United States citizens, and order, or any combination of these. rejected. The apparent highest qualified corporations must be subject to the laws Successful bidders, whether such bid is sealed bid will be publicly declared by of any state or the United States. oral or sealed, will be required to pay the Authorized Officer. The apparent Apparent high bidders must submit the remainder of the sale price prior to highest qualified sealed bid will then proof of these requirements within 15 expiration of 180 days from the date of become the starting point for the oral days after the sale date. Bids must be the sale. Failure to submit the full sale bidding. If no apparent qualified sealed made by the principal or his duly price within the above specified time bids are received, the oral bidding will qualified agent. Each sealed bid must be limit will result in cancellation of the start at the appraised fair market value. written or typed and accompanied by sale of the specific parcel and the In the absence of oral bids, the postal money order, bank draft, or deposit will be forfeited and disposed as apparent highest qualified sealed bid cashier’s check made payable to the other receipts of sale. All sealed bids will establish the sale price for that Department of Interior, Bureau of Land will be either returned, accepted, or parcel. In the event that two or more Management, for not less than 10 rejected within 30 days of the sale date. sealed bids are received containing percent or more than 30 percent of the In the event that the Authorized valid bids of the same amount for the amount of the bid. The sealed bid Officer rejects the highest qualified bid same parcel, and no higher oral bid is envelope containing the bid and the for any of the above parcels, or releases 54454 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices the bidder from it, the Authorized FOR FURTHER INFORMATION CONTACT: Humboldt Meridian, California Officer shall determine whether the Chella Herrera or Jon Hertz at (505) 835– T. 10 N., R. 8 E.,—Dependent resurvey, public land shall be withdrawn from the 0412. (Group 1215) accepted September 24, 1996, market or reoffered. SUPPLEMENTARY INFORMATION: to meet certain administrative needs of the US Forest Service, Klamath National Unsold Parcels Additional information concerning the land, terms and conditions of sale, and Forest. If parcels 1 or 2 are unsold on January bidding instructions may be obtained Mount Diablo Meridian, California 15, 1997, they will be reoffered by from the Socorro Resource Area Office. T. 1 S., R. 15 E.,—Supplemental plat of the competitive bidding procedures in a Comments must reference specific S 1⁄2 of section 7, accepted September 3, second sale to be held February 20, parcel numbers. Adverse comments 1996, to meet certain administrative needs 1997. received on specific parcels will not of the BLM, Bakersfield District, Folsom If parcels 3, 4, or 5 are unsold to the affect the sale of any other parcel. In the Resource Area. listed parties by close of business absence of any objection, this realty T. 16 S., R. 38 E.,—Dependent resurvey and February 7, 1997, they will be offered by action will become the final subdivision of section 31, (Group 1170) competitive bidding on the second sale determination of the Department of the accepted September 6, 1996, to meet certain administrative needs of the BLM, date of February 20, 1997. Interior. Upon publication in the Federal Bakersfield District, Folsom Resource Area. Competitive bidding procedures for T. 45 N., 8 W.,—Dependent resurvey, (Group unsold parcels will be as described Register, the lands described above will 1194) accepted September 13, 1996, to above. Sealed bids for unsold parcels be segregated from appropriation under meet certain administrative needs of the will be accepted until 10:00 a.m. on the public land laws, including the US Forest Service, Klamath National February 20, 1997, followed by oral mining laws. The segregative effect of Forest. bidding commencing at 10:15 a.m. after this Notice of Realty Action shall T. 22 S., R. 45 E.,—Dependent resurvey of opening of all sealed bids. terminate upon issuance of patent or mineral surveys, (Group 1148) accepted other document of conveyance to such August 18, 1996, to meet certain Terms and Conditions land, upon publication in the Federal administrative needs of the BLM, Register of a termination of the California Desert District, Ridgecrest Terms and conditions applicable to Resource Area. the sale are: segregation, or 270 days from the date San Bernardino Meridian, California 1. The patents or conveyance of publication, whichever occurs first. documents, when and if issued, will The BLM may accept or reject any offer T. 1 N., R. 16 & 17 W.,—Metes-and-bounds contain a reservation to the United to purchase or withdraw any tract from survey, (Group 1199) accepted September 13, 1996, to meet certain administrative States for ditches and canals. sale if the Authorized Officer determines that consummation of the needs of the National Park Service, Santa 2. All minerals will be reserved to the sale would not be fully consistent with Monica Mountains National Recreation United States together with the right to FLPMA or another applicable law. Area. prospect for, mine, and remove the T. 9 N., R. 25 W.,—Dependent resurvey and minerals. Dated: October 10,1996. subdivision of sections 1, 2, 3, 11 and 12, 3. All patents or conveyance Linda S.C. Rundell, (Group 1048) accepted September 13, 1996, documents will be issued subject to Las Cruces District Manager. to meet certain administrative needs of the BLM, Bakersfield District, Caliente existing access road rights-of-way and [FR Doc. 96–26703 Filed 10–17–96; 8:45 am] Resource Area. easements. BILLING CODE 4310±VC±P All of the above listed survey plats are 4. On parcels 3, 4, and 5, the lands lie now the basic record for describing the within a 100-year floodplain and the [CA±942±5700±00] lands for all authorized purposes. The patents or conveyance documents will survey plats have been placed in the contain land use restrictions as required Filing of Plats of Survey; California open files in the BLM, California State by Executive Order 11988. Office, and are available to the public as 5. On parcels 4 and 5, the lands lie AGENCY: Bureau of Land Management, Interior. a matter of information. Copies of the within a wetland area and the patent survey plats and related field notes will ACTION: Notice. will contain wetland restrictions in be furnished to the public upon accordance with Solicitor’s opinion SUMMARY: The purpose of this notice is payment of the appropriate fee. BLM SA 0057. to inform the public and interested state Dated: October 7, 1996. 6. On parcel 1, the patent will be and local government officials of the Clifford A. Robinson, issued subject to those rights for latest filing of Plats of Survey in Chief, Branch of Cadastral Survey. waterline, access road and water berm California. purposes as have been granted to Calvin [FR Doc. 96–26797 Filed 10–17–96; 8:45 am] EFFECTIVE DATE: Unless otherwise noted, and Liz Cryer and Joe and Laura Lopez BILLING CODE 4310±40±M filing was effective at 10:00 a.m. on the by right-of-way NMNM 83794. next federal work day following the plat 7. On parcels 2, 3, 4, and 5, the acceptance date. purchasers of the land will acquire the FOR FURTHER INFORMATION CONTACT: JUDICIAL CONFERENCE OF THE property realizing that legal access to Clifford A. Robinson, Chief, Branch of UNITED STATES the property is lacking. Cadastral Survey, Bureau of Land DATES: Interested parties may submit Management (BLM), California State Meeting of the Judicial Conference comments regarding the proposed Office, 2135 Butano Drive, Sacramento, Advisory Committee on Rules of action to the Socorro Resource Area CA 95825–0451, (916) 979–2890. Evidence Manager by December 2, 1996. SUPPLEMENTARY INFORMATION: The plats AGENCY: Judicial Conference of the ADDRESSES: Comments should be sent to of Survey of lands described below have United States Advisory Committee on the BLM, Socorro Resource Area Office, been officially filed at the California Rules of Evidence. 198 Neel Avenue, NW, Socorro, NM State Office of the Bureau of Land ACTION: Notice of open meeting. 87801. Management in Sacramento, CA. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54455

SUMMARY: The Advisory Committee on The proposed consent decree requires County, Maryland (‘‘Cecil County’’), as Rules of Evidence will hold a one-day the Settling Defendants to pay the the owner and operator of the meeting. The meeting will be open to United States $562,250 in Woodlawn Landfill Superfund Site (the public observation but not participation reimbursement of certain response costs ‘‘Site’’), pursuant to Section 107(a) of and will be held from 8:30 a.m. to 5:00 that the United States has incurred or the Comprehensive Environmental p.m. will incur for response actions at the Response, Compensation and Liability DATE: November 12, 1996. Site. The City of Minot is implementing Act (‘‘CERCLA’’), 42 U.S.C. § 9607(a). ADDRESS: Park Hyatt San Francisco, 333 the remedial action at the Site under a The proposed Consent Decree resolves Battery Street, San Francisco, California. separate Consent Decree with the the alleged liability of Cecil County for FOR FURTHER INFORMATION CONTACT: United States. response costs incurred and to be The Department of Justice will John K. Rabiej, Chief, Rules Committee incurred by the United States at the Site. Support Office, Administrative Office of receive, for a period of thirty (30) days from the date of this publication, The proposed Consent Decree also the United States Courts, Washington, resolves the alleged liability in D.C. 20544, telephone (202) 273–1820. comments relating to the proposed consent decree. Comments should be contribution of the United States Dated: October 15, 1996. addressed to the Assistant Attorney Department of the Navy (‘‘Navy’’) for John K. Rabiej, General for the Environment and response costs incurred and to be Chief, Rules Committee Support Office. Natural Resources Division, Department incurred at the Site. Pursuant to the [FR Doc. 96–26777 Filed 10–17–96; 8:45 am] of Justice, Washington, D.C. 20530, and terms of the Decree, Cecil County will BILLING CODE 2210±01±M should refer to United States v. AGSCO, pay $4.75 million in response costs, Inc. et al., DOJ Ref. #90–11–3–1107–A. plus interest, over 5 years. The United The proposed consent decree may be States on behalf of the Navy will pay DEPARTMENT OF JUSTICE examined at the Office of the United $1.25 million in response costs. States Attorney, District of North The Department of Justice will accept Notice of Lodging of Consent Decree Dakota, 219 Fed. Bldg. & U.S. Cthse., Pursuant to the Comprehensive written comments relating to the 655 1st Ave. N., Fargo, North Dakota proposed Consent Decree for thirty (30) Environmental Response, 58102; the Region VIII Office of the days from the date of publication of this Compensation, and Liability Act Environmental Protection Agency, 999 notice. Please address comments to the In accordance with Departmental 18th Street—Suite 500, Denver, Colorado 80202; and at the Consent Assistant Attorney General, policy, 28 C.F.R. § 50.7 and 42 U.S.C. Environment and Natural Resources § 9622(d)(2), notice is hereby given that Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202) Division, Department of Justice, P.O. a proposed consent decree in United Box 7611, Ben Franklin Station, States v. AGSCO, Inc. et al., Civil Action 624–0892. A copy of the proposed consent decree may be obtained in Washington, D.C. 20044 and refer to No. A4–96109, was lodged on United States v. Board of September 27, 1996, with the United person or by mail from the Consent Decree Library, 1120 G Street, N.W., 4th Commissioners for Cecil County, DOJ States District Court for the District of No. 90–11–2–972. North Dakota, Northwestern Division. Floor, Washington, D.C. 20005. In The proposed consent decree settles requesting a copy of the proposed Copies of the proposed Consent certain claims asserted by the United decree and attachments, please refer to Decree may be examined at the Office of States, on behalf of the United States the referenced case and enclose a check the United States Attorney, District of Environmental Protection Agency in the amount of $9.25 (25 cents per Pennsylvania, U.S. Courthouse, 8th (EPA), under Sections 106 and 107(a) of page reproduction costs), for each copy. Floor, 101 West Lombard Street, CERCLA, 42 U.S.C. §§ 9606 and 9607(a), The check should be made payable to Baltimore, MD 21201; Environmental with respect to the release and/or the Consent Decree Library. Protection Agency, Region III, 841 threatened release of hazardous Walker B. Smith, Chestnut Building, Philadelphia, substances at the Old Minot Landfill Deputy Chief, Environmental Enforcement Pennsylvania 19107; and at the Consent Superfund Site (‘‘Site’’). The following Section Environment and Natural Resources Decree Library, 1120 G Street, N.W., 4th Division. parties are signatories to the proposed Floor, Washington, D.C. 20005 (202) [FR Doc. 96–26798 Filed 10–17–96; 8:45 am] consent decree: (1) AGSCO, Inc.; (2) The 624–0892. A copy of the proposed Boeing Company; (3) Bridgeman BILLING CODE 4410±01±M Decree may be obtained in person or by Creameries/Land O’Lakes, Inc.; (4) mail from the Consent Decree Library, Farmers Union Elevator Company; (5) Notice of Consent Decree in 1120 G Street, N.W., 4th Floor, Farstad Oil, Inc.; (6) Owl Constructors; Comprehensive Environmental Washington, D.C. 20005. When (7) Lockheed Martin Corporation; (8) Response, Compensation and Liability requesting a copy of the proposed Montana-Dakota Utilities Co., a Division Action Consent Decree, please enclose a check of MDU Resources Group, Inc.; (9) in the amount of $15.25 for the Decree Flying J Petroleums, Inc, and Flying J In accordance with the Departmental only or $66.25 for the Decree and all Inc.; (10) Bacon Signs, Inc; (11) Cargill, Policy, 28 C.F.R. § 50.7, notice is hereby attachments (twenty-five cents per page Incorporated; (12) Cummins Diesel given that a Consent Decree in United reproduction costs) payable to the Sales, Inc., a Minnesota Corporation; States v. Board of Commissioners for (13) Midland Diesel Service and Engine Cecil County, Maryland, Civil Action ‘‘Consent Decree Library.’’ Company; (14) Minot Farmers Elevator; No. AMD 96–3082, was lodged with the Joel M. Gross, (15) Norwest Bank North Dakota, N.A.; United States District Court for the Chief, Environmental Enforcement Section, (16) Porter Bros. Dakota Hide & Fur Co; District of Maryland on September 30, Environment and Natural Resources Division, and (17) Trinity Medical Center, Trinity 1996. U.S. Department of Justice. Hospital and Trinity Nursing Home On September 30, 1996, the United [FR Doc. 96–26799 Filed 10–17–96; 8:45 am] (hereinafter referred to as ‘‘Settling States filed a complaint against the BILLING CODE 4410±01±M Defendants’’). Board of Commissioners for Cecil 54456 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

Notice of Lodging of Consent Decree acknowledgement by carrier of arrival of (4) Affected public who will be asked Pursuant to the Comprehensive possible excludable alien. or required to respond, as well as a brief Environmental Response, abstract: Primary: Business or other for- Compensation, and Liability Act The proposed information collection profit. This information collection is is published to obtain comments from necessary to notify the agent, master or Notice is hereby given that a proposed the public and affected agencies. commanding officer of the vessel or Settlement Agreement in In Re Comments are encouraged and will be aircraft, if applicable, that the alien Diversified Metals Corporation, accepted until December 17, 1996. passenger may be excludable from the Bankruptcy No. 95–42881–293, was Request written comments and United States and in the event the alien lodged on October 3, 1996 with the suggestions from the public and affected is formally ordered excluded and United States Bankruptcy Court for the agencies concerning the proposed deported, the carrier will be responsible Eastern District of Missouri. The collection of information. Your for detention and transportation Settlement Agreement allows the United comments should address one or more expenses to the last foreign port of States a claim of $40,000 against the of the following four points: embarkation as provided in 8 CFR estate of Diversified Metals Corporation (1) evaluate whether the proposed 237.5. and requires payment on that claim be collection of information is necessary (5) An estimate of the total number of made to reimburse a portion of the for the proper performance of the respondents and the amount of time United States’ past costs associated with functions of the agency, including estimated for an average respondent to the investigation and clean up of the whether the information will have respond: 55,000 responses at 1 minute Jack’s Creek/Sitkin Smelting Superfund practical utility; per response. Site (‘‘Site’’), located in Mifflin County, (2) evaluate the accuracy of the (6) An estimate of the total public Pennsylvania. agencies estimate of the burden of the burden (in hours) associated with the The Department of Justice will proposed collection of information, collection: 935 annual burden hours. receive, for a period of thirty (30) days including the validity of the If additional information is required from the date of this publication, methodology and assumptions used; contact: Mr. Robert B. Briggs, Clearance comments relating to the proposed (3) enhance the quality, utility, and Officer, United States Department of Settlement Agreement. Comments clarity of the information to be Justice, Information Management and should be addressed to the Assistant collected; and Security Staff, Justice Management Attorney General for the Environment (4) minimize the burden of the Division, Suite 850, Washington Center, and Natural Resources Division, collection of information on those who 1001 G Street, NW, Washington, DC Department of Justice, Washington, D.C. are to respond, including through the 20530. 20530, and should refer to In Re use of appropriate automated, Dated: October 11, 1996. Diversified Metals Corporation, DOJ Ref. electronic, mechanical, or other Robert B. Briggs, technological collection techniques or #90–11–2–911G. Department Clearance Officer, United States The proposed Settlement Agreement other forms of information technology, Department of Justice. e.g., permitting electronic submission of may be examined at the office of the [FR Doc. 96–26750 Filed 10–17–96; 8:45 am] responses. United States Attorney, 1114 Market BILLING CODE 4410±18±M Street, Room 401, St. Louis, MO 63101; If you have additional comments, the Region III Office of the suggestions, or need a copy of the proposed information collection Environmental Protection Agency, 841 DEPARTMENT OF LABOR Chestnut Building, Philadelphia, instrument with instructions, or Pennsylvania 19107; and at the Consent additional information, please contact Office of the Secretary Decree Library, 1120 G Street, N.W., 4th Richard A. Sloan 202–616–7600, Floor, Washington, D.C. 20005, (202) Director, Policy Directives and Submission for OMB review; comment 624–0892. A copy of the proposed Instructions Branch, Immigration and request consent decree may be obtained in Naturalization Service, U.S. Department person or by mail from the Consent of Justice, Room 5307, 425 I Street, NW., October 15, 1996. Decree Library, 1120 G Street, N.W., 4th Washington, DC 20536. Additionally, The Department of Labor (DOL) has Floor, Washington, D.C. 20005. In comments and/or suggestions regarding submitted the following public requesting a copy please refer to the the item(s) contained in this notice, information collection request (ICR) to referenced case and enclose a check in especially regarding the estimated the Office of Management and Budget the amount of $2.00 (25 cents per page public burden and associated response (OMB) for review and approval in reproduction costs), payable to the time may also be directed to Mr. accordance with the Paperwork Consent Decree Library. Richard A. Sloan. Reduction Act of 1995 (P.L. 104–13, 44 Overview of this information U.S.C. Chapter 35). A copy of this Joel M. Gross, collection: individual ICR, with applicable Chief, Environmental Enforcement Section, (1) Type of Information Collection: supporting documentation, may be Environment and Natural Resources Division. Extension of a currently approved obtained by calling the Department of [FR Doc. 96–26800 Filed 10–17–96; 8:45 am] collection. Labor Acting Departmental Clearance BILLING CODE 4410±01±M (2) Title of the Form/Collection: Officer, Theresa M. O’Malley (202 219– Notice to Carrier—Acknowledgment by 5095). Individuals who use a Carrier of Arrival of Possible Excludable telecommunications device for the deaf Immigration and Naturalization Service Alien. (TTY/TDD) may call (202) 219–4720 Agency Information Collection (3) Agency form number, if any, and between 1:00 p.m. and 4:00 p.m. Eastern Activities: Extension of Existing the applicable component of the time, Monday through Friday. Collection; Comment Request Department of Justice sponsoring the Comments should be sent to Office of collection: Form I–295C, Inspections Information and Regulatory Affairs, ACTION: Notice of information collection Division, Immigration and Attn: OMB Desk Officer for BLS, DM, under review; notice to carrier— Naturalization Service. ESA, ETA, MSHA, OSHA, PWBA, or Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54457

VETS, Office of Management and Title: Cognitive and Psychological individual to serve as a member of the Budget, Room 10235, Washington, DC Research. Performance Review Board of the Senior 20503 (202 395–7316), within 30 days OMB Number: 1220–0141. Executive Service shall be published in from the date of this publication in the Frequency: One Time. the Federal Register. Federal Register. Affected Public: Individuals or The following individuals are hereby The OMB is particularly interested in households. appointed to a three-year term on the comments which: Number of Respondents: 3,000. Department’s Performance Review * evaluate whether the proposed Estimated Time Per Respondent: 1 Board: collection of information is necessary hour. Carol A. Gaudin for the proper performance of the Total Burden Hours: 3,000. Peter Rell functions of the agency, including Total Annualized capital/startup James Henry whether the information will have costs: 0. Edmundo Gonzales Total annual costs (operating/ practical utility; Meredith Miller maintaining systems or purchasing * evaluate the accuracy of the FOR FURTHER INFORMATION CONTACT: Mr. services): 0. agency’s estimate of the burden of the Larry K. Goodwin, Director of Human Description: The proposed laboratory proposed collection of information, Resources, Room C5526, U.S. research will be conducted from FY97– including the validity of the Department of Labor, Frances Perkins FY99 to enhance data quality in the methodology and assumptions used; Building, 200 Constitution Avenue, Bureau of Labor Statistics’ surveys. * enhance the quality, utility, and NW., Washington, DC 20210, telephone: Improvements will be made by clarity of the information to be (202) 219–6551. examining psychological and cognitive collected; and Signed at Washington, D.C., this 11th day * minimize the burden of the aspects of BLS’s data collection of October, 1996. collection of information on those who procedures, including questionnaire Robert B. Reich, are to respond, including through the design, interviewing procedures, and Secretary of Labor. administrative technology. use of appropriate automated, [FR Doc. 96–26779 Filed 10–17–96; 8:45 am] Agency: Employment and Training electronic, mechanical, or other BILLING CODE 4510±23±M technological collection techniques or Administration. other forms of information technology, Title: Trade Adjustment Assistance e.g., permitting electronic submission of (TAA) Financial. Employment Standards Administration Status/Request Funds Report. responses. OMB Number: 1205–0275. Wage and Hour Division Agency: Employment Standards Form Number: ETA 9023. Administration. Affected Public: State or Local Minimum Wages for Federal and Title: Request for Examination and/or Governments. Federally Assisted Construction; Treatment. General Wage Determination Decisions OMB Number: 1215–0066. Average Frequency: On occasion. Number time per General wage determination decisions Affected Public: Individuals or Number of re- Activity of reports spond- respond- of the Secretary of Labor are issued in households. ents ent accordance with applicable law and are Number of Respondents: 16,500 (hours) based on the information obtained by × (8 16,500=132,000 total responses per TAA ...... 5 50 2 the Department of Labor from its study year). NAFTA ..... 5 50 2 of local wage conditions and data made Estimated Time Per Respondent: 1 available from other sources. They hour. Total Burden Hours: 1,000. specify the basic hourly wage rates and Total Burden Hours: 142,560. Description: The Department of Labor fringe benefits which are determined to Total Annualized capital/startup requires financial data for the Trade be prevailing for the described classes of costs: 0. Adjustment Assistance (TAA) program laborers and mechanics employed on Total annual costs (operating/ administered by States which are not construction projects of a similar maintaining systems or purchasing available from the Standard form 269. character and in the localities specified services): 0. The required data are necessary in order therein. Description: The Longshore and to meet statutory requirements The determinations in these decisions Harbor Workers’ Compensation Act prescribed by the Omnibus Trade and of prevailing rates and fringe benefits provides benefits to workers injured in Competitiveness Act of 1988, P.L. 100– have been made in accordance with 29 maritime employment on navigable 418, and the North American Free Trade CFR Part 1, by authority of the Secretary waters of the United States or in an Agreement Implementation Act, P.L. of Labor pursuant to the provisions of adjoining area customarily used by an 103–182, in accordance with section the Davis-Bacon Act of March 3, 1931, employee in loading, unloading, 250(a) Subchapter D, Chapter 2, Title II as amended (46 Stat. 1494, as amended, repairing or building a vessel. Under of the Trade Act of 1974. 40 U.S.C. 276a) and of other Federal Section 702.419 of the Act the Theresa M. O’Malley, statutes referred to in 29 CFR Part 1, employer/insurance carrier is Appendix, as well as such additional Acting Departmental Clearance Officer. responsible for furnishing medical care statutes as may from time to time be for the injured employee for such period [FR Doc. 96–26778 Filed 10–17–96; 8:45 am] enacted containing provisions for the of time as the injury or recovery period BILLING CODE 4510±24±M payment of wages determined to be may require. Form LS–1 serves two prevailing by the Secretary of Labor in purposes: (1) It authorizes the medical Senior Executive Service; Appointment accordance with the Davis-Bacon Act. care; and (2) provides a vehicle for the The prevailing rates and fringe benefits treating physician to report the findings, of a Member to the Performance Review Board determined in these decisions shall, in treatment, given and anticipated accordance with the provisions of the physical condition of the employee. Title 5 U.S.C. 4314(c)(4) provides that foregoing statutes, constitute the Agency: Bureau of Labor Statistics. Notice of the appointment of an minimum wages payable on Federal and 54458 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices federally assisted construction projects in parentheses following the decisions ID960003 (March 15, 1996) to laborers and mechanics of the being modified. South Dakota SD960005 (March 15, 1996) specified classes engaged on contract Volume I work of the character and in the SD960006 (March 15, 1996) None Wyoming localities described therein. WY960004 (March 15, 1996) Good cause is hereby found for not Volume II General Wage Determination utilizing notice and public comment Pennsylvania procedure thereon prior to the issuance PA960015 (March 15, 1996) Publication of these determinations as prescribed in PA960016 (March 15, 1996) General wage determinations issued 5 U.S.C. 553 and not providing for delay PA960051 (March 15, 1996) under the Davis-Bacon and related Acts, in the effective date as prescribed in that Volume III including those noted above, may be section, because the necessity to issue found in the Government Printing Office Florida (GPO) document entitled ‘‘General Wage current construction industry wage FL960032 (March 15, 1996) determinations frequently and in large Kentucky Determinations Issued Under The Davis- volume causes procedures to be KY960003 (March 15, 1996) Bacon and Related Acts’’. This impractical and contrary to the public KY960004 (March 15, 1996) publication is available at each of the 50 interest. KY960006 (March 15, 1996) Regional Government Depository General wage determination KY960007 (March 15, 1996) Libraries and many of the 1,400 decisions, and modifications and KY960026 (March 15, 1996) Government Depository Libraries across supersedeas decisions thereto, contain KY960027 (March 15, 1996) the country. no expiration dates and are effective KY960028 (March 15, 1996) The general wage determinations from their date of notice in the Federal KY960029 (March 15, 1996) issued under the Davis-Bacon and Register, or on the date written notice Volume IV related Acts are available electronically by subscription to the FedWorld is received by the agency, whichever is Illinois earlier. These decisions are to be used IL960001 (March 15, 1996) Bulletin Board System of the National in accordance with the provisions of 29 IL960002 (March 15, 1996) Technical Information Service (NTIS) of CFR Parts 1 and 5. Accordingly, the IL960004 (March 15, 1996) the U.S. Department of Commerce at applicable decision, together with any IL960005 (March 15, 1996) (703) 487–4630. modifications issued, must be made a IL960007 (March 15, 1996) Hard-copy subscriptions may be part of every contract for performance of IL960008 (March 15, 1996) purchased from: Superintendent of IL960010 (March 15, 1996) the described work within the Documents, U.S. Government Printing IL960011 (March 15, 1996) Office, Washington, D.C. 20402, (202) geographic area indicated as required by IL960012 (March 15, 1996) an applicable Federal prevailing wage 512–1800. IL960013 (March 15, 1996) When ordering hard-copy law and 29 CFR Part 5. The wage rates IL960014 (March 15, 1996) subscription(s), be sure to specify the and fringe benefits, notice of which is IL960016 (March 15, 1996) IL960017 (March 15, 1996) State(s) of interest, since subscriptions published herein, and which are may be ordered for any or all of the six contained in the Government Printing IL960026 (March 15, 1996) Minnesota separate volumes, arranged by State. Office (GPO) document entitled Subscriptions include an annual edition ‘‘General Wage Determinations Issued MN960007 (March 15, 1996) MN960008 (March 15, 1996) (issued in January or February) which Under The Davis-Bacon And Related MN960015 (March 15, 1996) includes all current general wage Acts,’’ shall be the minimum paid by MN960027 (March 15, 1996) determinations for the States covered by contractors and subcontractors to MN960031 (March 15, 1996) each volume. Throughout the remainder laborers and mechanics. MN960035 (March 15, 1996) of the year, regular weekly updates are MN960039 (March 15, 1996) Any person, organization, or distributed to subscribers. governmental agency having an interest MN960061 (March 15, 1996) in the rates determined as prevailing is Ohio Signed at Washington, DC, this 11th Day of October 1996. encouraged to submit wage rate and OH960002 (March 15, 1996) OH960028 (March 15, 1996) Philip J. Gloss, fringe benefit information for OH960029 (March 15, 1996) consideration by the Department. Chief, Branch of Construction Wage OH960034 (March 15, 1996) Determinations. Further information and self- Wisconsin [FR Doc. 96–26600 Filed 10–17–96; 8:45 am] explanatory forms for the purpose of WI960010 (March 15, 1996) submitting this data may be obtained by WI960014 (March 15, 1996) BILLING CODE 4510±27±M writing to the U.S. Department of Labor, Volume V Employment Standards Administration, Wage and Hour Division, Division of Arkansas LIBRARY OF CONGRESS AR960001 (March 15, 1996) Wage Determinations, 200 Constitution AR960023 (March 15, 1996) Copyright Office Avenue, N.W., Room S–3014, AR960027 (March 15, 1996) Washington, D.C. 20210. Iowa [Docket No. 96±6 CARP NCBRA] Modifications to General Wage IA960002 (March 15, 1996) Kansas Noncommercial Educational Determination Decisions KS960009 (March 15, 1996) Broadcasting Compulsory License The number of decisions listed in the KS960025 (March 15, 1996) Texas AGENCY: Copyright Office, Library of Government Printing Office document Congress. entitled ‘‘General Wage Determinations TX960018 (March 15, 1996) ACTION: Voluntary negotiation period, Issued Under the Davis-Bacon and Volume VI precontroversy discovery schedule, and Related Acts’’ being modified are listed California request for notices of intent to by Volume and State. Dates of CA960034 (March 15, 1996) participate. publication in the Federal Register are Idaho Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54459

SUMMARY: The Copyright Office of the In the absence of license agreements and rates from noncommercial Library of Congress is announcing a negotiated under paragraph (2), the Librarian education broadcasting entities and voluntary negotiation period for the 17 of Congress shall, pursuant to chapter 8, subject them to the public notice and U.S.C. 118 noncommercial educational convene a copyright arbitration royalty panel comment provisions of § 251.63(b) of to determine and publish in the Federal broadcasting compulsory license, along Register a schedule of rates and terms which, the Library’s rules. The Librarian will with a precontroversy discovery subject to paragraph (2), shall be binding on adopt the proposed rates and terms, schedule, a request for Notices of Intent all owners of copyright in works specified by unless a copyright owner, with a to Participate, and the initiation date this subsection and public broadcasting significant interest in the proposal and should arbitration proceedings be entities, regardless of whether such copyright an intent to participate fully in a CARP necessary. owners have submitted proposals to the proceeding, files comment opposing the DATES: Notices of Intent to Participate Librarian of Congress. * * * proposed terms and rates. are due on or before December 13, 1996. Subsection (c) provides that these For all other terms and rates for the ADDRESSES: If sent by mail, an original procedures are to ‘‘be * * * concluded section 118 license, in the absence of and five copies of Notices of Intent to between June 30 and December 31, negotiated licenses, the Librarian of Participate should be addressed to: 1997. * * *’’ 1 Congress will convene a CARP. The Copyright Arbitration Royalty Panel In order to commence the adjustment proceeding will be conducted according (CARP), P.O. Box 70977, Southwest process described in section 118, the to the following schedule. Station, Washington, D.C. 20024. If Copyright Office of the Library of Notices of Intent To Participate hand delivered, an original and five Congress is publishing today’s notice. copies of Notices of Intent to Participate With respect to private licenses, we note Any party wishing to appear before should be brought to: Office of the that the statute provides that they may the CARP, and to present evidence, in Copyright General Counsel, James be negotiated at any time and must be this proceeding must file a Notice of Madison Memorial Building, Room LM– submitted to the Copyright Office in Intent to Participate by December 13, 407, First and Independence Avenue, order to be effective. However, in 1996. Failure to file a timely Notice of S.E. Washington D.C. 20540. keeping with Copyright Royalty Intent to Participate will preclude a party from participating in this FOR FURTHER INFORMATION CONTACT: Tribunal tradition, see e.g. 57 FR 29066 proceeding. William Roberts, Senior Attorney, or (June 30, 1992), we believe that it is Tanya Sandros, CARP Specialist, appropriate and efficient to designate a Precontroversy Discovery Schedule negotiation period, prior to copyright Copyright Arbitration Royalty Panel The Library of Congress is arbitration royalty panel (CARP) (CARP), P.O. Box 70977, Southwest announcing the scheduling of the proceedings, in order to encourage Station, Washington, DC 20024. precontroversy discovery period, and private agreements and, possibly, avoid Telephone (202) 707–8380. Telefax: other procedural matters, for the the need for a CARP. Consequently, we (202) 707–8366. establishment of rates and terms for the are announcing a voluntary negotiation SUPPLEMENTARY INFORMATION: Section section 118 compulsory license. In period commencing November 1, 1996, 118 of the Copyright Act, 17 U.S.C., addition, the Library is announcing the and running to December 13, 1996. Any creates a compulsory license for the use date on which arbitration proceedings agreements entered into during this of certain copyrighted works in will be initiated before a CARP, thereby period should be deposited with the connection with noncommercial commencing the 180-day arbitration Copyright Office in accordance with the broadcasting. Terms and rates for this period. Once a CARP has been regulations established in 37 CFR 201.9. compulsory license, applicable to convened, the scheduling of the Of course, license agreements may still parties who are not subject to privately arbitration period is within the be negotiated and deposited prior to, negotiated licenses, are published in 37 discretion of the CARP and will be and after, the designated negotiation CFR part 253 and are subject to announced at that time. adjustment at five year intervals. The period. The Library notes that while many of last adjustment of the terms and rates A. Commencement of the Proceeding the terms and rates of the section 118 for the section 118 license occurred in A rate adjustment proceeding under license typically have been subject to 1992, thus, making 1997 a window year part 251 of 37 CFR is divided into two private negotiation, certain terms and for the adjustment of these terms and essential phases. The first is the 45-day rates have not. These terms and rates rates. precontroversy discovery phase, during Section 118(b) provides that copyright affect the works of unknown copyright which the parties exchange their written owners and public broadcasting entities owners and owners not affiliated with direct cases, exchange their may voluntarily negotiate licensing one or more of the performing rights documentation and evidence in support agreements at any time, and that such societies and/or artists organizations. of their written direct cases, and engage licensing agreements will be ‘‘given See, e.g. 37 CFR 253.5(c)(4) and in the pre-CARP motions practice effect in lieu of any determination by 253.6(c)(4). The Library recognizes that described in § 251.45. The other phase the Librarian of Congress; Provided, it is difficult, if not impossible, for is the proceeding before the CARP itself, That copies of such agreements are filed noncommercial educational including the presentation of evidence in the Copyright Office within thirty broadcasting entities to identify these and the submission of proposed days of execution in accordance with copyright owners in order to negotiate findings by all of the participating regulations that the Register of terms and rates of licenses. parties. The proceeding before the CARP Copyrights shall prescribe.’’ 17 U.S.C. Consequently, in these limited may be in the form of hearings or, in 118(b)(2). circumstances where negotiated licenses accordance with the requirements of Those parties not subject to a are not practicable, the Library is § 251.41(b) of the rules, the proceeding negotiated license must follow the terms willing to accept proposals for terms may be conducted solely on the basis of and rates adopted through arbitration written pleadings. 1 Section 253.1 of the Copyright Office’s rules, 37 proceedings conducted under chapter 8 CFR, provides that the current statutory terms and Both of these phases to a rate of the Copyright Act. Section 118(b)(3) rates for the section 118 license will expire on adjustment proceeding require provides: December 31, 1997. significant amounts of work, not just for 54460 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices the parties, but for the Librarian, the section 118 are most likely aware that discovery period is limited to discovery Copyright Office, and the arbitrators as 1997 is a window year for the of documents related to written direct well. The rates and terms proceeding for adjustment of terms and rates, and, as cases and any amendments made during section 118 is not the only CARP described above, are being given a the period. proceeding likely to take place during formal negotiation period to reach The rules of the Library of Congress 1997. Other proceedings will include agreements. Because of the other do not specify any particular steps or distribution of cable, satellite, and proceedings which must be scheduled, regimen to the precontroversy discovery digital audio royalties, as well as rate the attending workload, and the need to period. We believe, however, that it is adjustment proceedings for satellite, the manage the interests of all involved, the necessary to establish procedural dates digital performance license (section Library is announcing the for exchange of documents and filing of 114), and the mechanical license precontroversy discovery schedule and motions within the 45-day period to (section 115). It would be extremely arbitration period in this proceeding provide order and allow discovery to difficult for the Office to conduct the without seeking further comment from proceed smoothly and efficiently. The precontroversy discovery phase of more the participating parties. than one of these proceedings at the precontroversy discovery schedule set same time, and the Library must, B. Precontroversy Discovery Schedule forth by the Library in the recent cable therefore, conduct them sequentially. and Procedures distribution proceeding, see 60 FR Because of the number of CARP Any party that has filed a Notice of 14975 (March 21, 1995), proved to be proceedings to be conducted in 1996 Intent to Participate in the section 118 successful in promoting an orderly and and 1997, and the attending workload, adjustment proceeding is entitled to efficient discovery period, and we have selection of a date to initiate a section participate in the precontroversy chosen to adopt the same format and 118 rate setting proceeding is not discovery period. Each party may structure for the precontroversy dependent on the schedules of one or request of an opposing party discovery period in this proceeding. more of the participating parties, but nonprivileged documents underlying The following is the precontroversy must be weighed against the interests of facts asserted in the opposing party’s discovery procedural schedule with all involved. The parties affected by written direct case. The precontroversy corresponding deadlines:

Action Deadline

Filing of Written Direct Cases ...... January 10, 1997 Requests for Underlying Documents Related to Written Direct Cases ...... January 17, 1997 Responses to Requests for Underlying Documents ...... January 24, 1997 Completion of Document Production ...... January 31, 1997 Follow-up Requests for Underlying Documents ...... February 5, 1997 Responses to Follow-up Requests ...... February 10, 1997 Motions Related to Document Production ...... February 14, 1997 Production of Documents in Response to Follow-up Requests ...... February 19, 1997 All Other Motions, Petitions, and Objections ...... February 24, 1997

The precontroversy discovery period, January 24, 1997. Documents which are that study or survey must make its as specified by § 251.45(b) of the rules, produced as a result of the requests request by January 17, 1997. If, after begins on January 10, 1997, with the must be exchanged by January 31, 1997. receiving a copy of the study, the filing of written direct cases by each It is important to note that all initial reviewing party determines that the party. Each party in this proceeding document requests must be made by the study heavily relies on the results of a who has filed a Notice of Intent to January 17, 1997, deadline. Thus, for statistical survey, it would be Participate must file a written direct example, if one party asserts facts that appropriate for that party to make a case on the date prescribed above. expressly rely on the results of a follow-up request for production of the Failure to submit a timely filed written particular study that was not included statistical survey by the February 5, direct case will result in dismissal of in the written direct case, another party 1997, deadline. Again, failure to make a that party’s case. Parties must comply desiring production of that study must timely follow-up request would waive with the form and content of written make its request by January 17, 1997; that party’s right to request production direct cases as prescribed in 37 CFR otherwise, the party is not entitled to of the survey. 251.43. Each party to the proceeding production of the study. In addition to the deadlines for must deliver a complete copy of its The precontroversy discovery document requests and production, written direct case to each of the other schedule also establishes deadlines for there are two deadlines for the filing of parties to the proceeding, as well as file follow-up discovery requests. Follow-up precontroversy motions. Motions related a complete copy with the Copyright requests are due by February 5, 1997, to document production must be filed Office by close of business on January and responses to those requests are due by February 14, 1997. Typically, these 10, 1997, the first day of the 45-day by February 10, 1997. Any motions are motions to compel period. documentation produced as a result of production of requested documents for After the filing of the written direct a follow-up request must be exchanged failure to produce them, but they may cases, document production will by February 19, 1997. An example of a also be motions for protective orders. proceed according to the above- follow-up request would be as follows. Finally, all other motions, petitions and described schedule. Each party may In the above example, one party objections must be filed by February 24, request underlying documents related to expressly relies on the results of a 1997, the final day of the 45-day each of the other parties’ written direct particular study which is not included precontroversy discovery period. These cases by January 17, 1997, and in its written direct case. As noted motions, petitions, and objections responses to those requests are due by above, a party desiring production of include, but are not limited to, Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54461 objections to arbitrators appearing on arbitrators to the Librarian, in Federal Register (60 FR 34381; June 30, the arbitrator list under 37 CFR 251.4, accordance with 17 U.S.C. 802(e), must 1995) should be revised. and petitions to dispense with formal be no later than October 3, 1997. Many operating licenses contain a hearings under § 251.41(b). Dated: October 9, 1996. finding which states that the licensed Due to the time limitations between facility is as described in the FSAR, as Marybeth Peters, the procedural steps of the amended and revised. In accordance precontroversy discovery schedule, we Register of Copyrights. with 10 CFR 50.59, the Commission are requiring that all discovery requests Approved: allows licensees to make changes to the and responses to such requests be James H. Billington, facility or procedures described in the served by hand or fax on the party to The Librarian of Congress. FSAR and to perform certain tests or whom such response or request is [FR Doc. 96–26754 Filed 10–17–96; 8:45 am] experiments not described in the FSAR directed. Filing of requests and BILLING CODE 1410±33±P without prior NRC approval provided responses with the Copyright Office is evaluations are performed to not required. demonstrate that the change does not Filing and service of all NUCLEAR REGULATORY involve an unreviewed safety question precontroversy motions, petitions, COMMISSION and the change does not conflict with a objections, oppositions, and replies technical specification. Specifically, 10 shall be as follows. In order to be [NUREG±1600] CFR 50.59(a) provides: considered properly filed with the Librarian and/or Copyright Office, all Policy and Procedure for Enforcement The holder of a license authorizing Actions; Departures From FSAR operation of a production or utilization pleadings must be brought to the facility may (i) make changes in the facility Copyright Office at the following AGENCY: Nuclear Regulatory as described in the safety analysis report, (ii) address no later than 5 p.m. of the filing Commission. make changes in the procedures as described deadline date: Office of the Register of ACTION: Policy statement: Revision. in the safety analysis report, and (iii) conduct Copyrights, Room LM–403, James tests or experiments not described in the Madison Memorial Building, 101 SUMMARY: The Nuclear Regulatory safety analysis report, without prior Independence Avenue, S.E., Commission (NRC) is amending its Commission approval, unless the proposed Washington, D.C. 20540. The form and General Statement of Policy and change, test, or experiment involves a change content of all motions, petitions, Procedure for Enforcement Actions in the technical specifications incorporated objections, oppositions, and replies filed in the license or an unreviewed safety (Enforcement Policy) to address issues question. with the Office must be in compliance associated with departures from the with §§ 251.44 (b)–(e). As provided in Final Safety Analysis Report. If an unreviewed safety question or a § 251.45(b), oppositions to any motions DATES: This revision is effective on change to a technical specifications is or petitions must be filed with the October 18, 1996. Comments are due on involved, 10 CFR 50.59(c) requires that Office no later than seven business days or before November 18, 1996. the licensee submit an application for a from the date of filing of such motion license amendment pursuant to 10 CFR ADDRESSES: Send written comments to: 50.90, before making the change or or petition. Replies are due five business The Secretary of the Commission, U.S. departing from the FSAR. days from the date of filing of such Nuclear Regulatory Commission, oppositions. Service of all motions, Section 50.59(b) requires that the Washington, DC 20555, ATTN: evaluation be documented in writing petitions, objections, oppositions, and Docketing and Service Branch. Deliver replies must be made on counsel or the and maintained and reports of the comments to: 11555 Rockville Pike, parties by means no slower than changes be submitted to the Rockville, Maryland 20852, between overnight express mail on the same day Commission. Periodic updates to the 7:45 am and 4:15 pm, on Federal the pleading is filed. FSAR are required by 10 CFR 50.71(e) workdays. Copies of comments may be to reflect changes made under 10 CFR C. Initiation of Arbitration examined at the NRC Public Document 50.59. Because there are two phases to a rate Room, 2120 L Street, NW. (Lower The regulatory process is predicated adjustment proceeding—precontroversy Level), Washington, DC. on the assumption that when the license discovery and arbitration—there are two FOR FURTHER INFORMATION CONTACT: is issued, the facility, procedures, tests, time periods to be scheduled. The James Lieberman, Director, Office of and experiments will be as described in regulations do not provide how much Enforcement, U.S. Nuclear Regulatory the FSAR. Thus, 10 CFR 50.59 is time must separate precontroversy Commission, Washington, DC 20555 primarily a prospective requirement. discovery from initiation of arbitration. (301)–415–2741. Section 50.59 requires a process to be There is no reason to schedule an SUPPLEMENTARY INFORMATION: As a result followed in evaluating proposed inordinate amount of time between the of increased regulatory attention to Part changes from the description of the two; however, there must be adequate 50 licensees’ adherence to the Final facility and its procedures described in time for the Librarian to rule upon all Safety Analysis Report and the Updated the FSAR. However, 10 CFR 50.59 is motions filed within the 45-day Final Safety Analysis Report (FSAR), also used to form the basis for citations precontroversy period. The Librarian is both licensees and NRC have identified when the facility or procedures never also mindful that the arbitration phase numerous failures to conform to these met the description in the FSAR. These must be concluded, and the Librarian’s documents. Given these findings, the cases represent de facto changes from review of the panel’s decision must be Commission has reviewed the current the FSAR. A failure of the facility to completed, by December 31, 1997. Enforcement Policy to determine if conform to the FSAR may also mean Consequently, the Library will initiate additional guidance is needed to treat that the FSAR may contain inaccurate or arbitration on April 7, 1997. The compliance issues associated with incomplete information, subjecting the schedule of the arbitration proceeding departures from the FSAR. The licensee to enforcement action for a will be established by the CARP after Commission has concluded that the violation of 10 CFR 50.9. the three arbitrators have been selected. guidance in the current Enforcement In addition, failure to meet a specific Delivery of the written report of the Policy, NUREG–1600, published in the commitment in the FSAR which 54462 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices describes how the licensee was to meet The Commission recognizes that not An after-the-fact evaluation that a regulatory requirement, may be a every unreviewed safety question is a demonstrates that an unreviewed safety violation of that regulatory requirement. significant safety issue. However, until question was not involved would, in In some cases, the departure from the the question is reviewed and general, not mitigate the regulatory FSAR, if it does not involve a change to understood, there is an uncertainty in significance of failing to perform an the facility, procedures, or tests or the basis for the Commission’s safety appropriate evaluation prior to experiments described in the FSAR, decision in licensing the plant. implementation of the change. may not cause the licensee to be in Therefore, the failure to follow the The second example, I.D.2, provides violation of any legal requirement. In regulatory process established by 10 that a Severity Level IV violation would such cases, the departure from the FSAR CFR 50.59, regardless of the actual be a failure to meet the requirements of would not be a violation, and only a safety significance of the change, when 10 CFR 50.59 that does not result in a Notice of Deviation may be warranted. there is an unreviewed safety question Severity Level I, II, or III violation. Thus, there are a variety of or a conflict with a technical requirements that can be used to form specification, is a significant regulatory Revised Examples of Severity Levels the basis for enforcement action to concern. Licensees must ensure that Consistent with the above two address departures from the FSAR. Each they are in conformance with the FSAR principles, the changes to the potential enforcement case is reviewed as it was a key element for the basis for Enforcement Policy provide additional on its merits to determine which the Commission’s decision in licensing examples to categorize severity levels requirement, or set of requirements, is the plant and continues to be an for violations associated with failures to appropriate to base the enforcement important consideration in current meet the FSAR. The current two action on. Given a violation of NRC licensing actions. The enforcement examples described above are deleted requirements, the next step in the process is a tool that the Commission and the following ten examples are process is to determine the severity intends to use to emphasize the being added to the policy: level of the violation based on the safety importance of achieving this and regulatory significance of the conformance and deter violations from Severity Level II continuing in this area. violation. The Enforcement Policy One example of a Severity Level II provides definitions of severity levels 1. Severity Levels problem (the term ‘‘problem’’ is used (Section IV. Severity of Violations) and The definitions and examples of here since more than one violation is examples (Supplements I–VIII) which 1 severity levels in the current involved) is proposed. Example I.B.4 are used in categorizing the severity addresses inspection findings involving levels of violations. Enforcement Policy provide sufficient guidance to cover most potential a number of failures to meet 10 CFR Revisions to the NRC Enforcement violations. Additional guidance is 50.59 including several unreviewed Policy needed to address violations of 10 CFR safety questions, and/or conflicts with a 50.59 and 50.71(e) which are the technical specification, involving a Given the variety of discrepancies broad spectrum of problems affecting from the FSARs that have been recently requirements that likely will most often be used to address departures from the multiple areas, some of which impact found, additional guidance has been the operability of required equipment. developed to address severity levels to FSAR. Currently, two specific examples are provided to categorize violations of This situation is a very significant categorize violations of 10 CFR 50.59 concern, the definition of a Severity and 50.71(e) and reporting 10 CFR 50.59 in Supplement I, Reactor Operations and no examples specifically Level II problem, because of the breadth requirements, application of the of the process failures and the impact on corrective action factor in Section address violations of 10 CFR 50.71(e). The first example, I.C.5, provides that equipment operability as well as the VI.B.2.c. of the Enforcement Policy, use licensing envelope. of Section VII.B.3 of the Enforcement a Severity Level III violation would Policy, Enforcement Discretion for involve: As to Severity Level II violations or problems, the Enforcement Policy Violations Involving Old Design Issues, A significant failure to meet the and applying enforcement discretion to requirements of 10 CFR 50.59, including a provides that the base civil penalty for increase sanctions in this area under failure such that a required license a Severity Level II violation or problem Section VII.A.2 of the Enforcement amendment was not sought. is $88,000. However, Section VII.A.1.a of the Policy provides that discretion Policy. This example includes changes should be considered for Severity Level In developing this guidance, the involving unreviewed safety questions II cases. In assessing civil penalties for Commission considered the following and conflicts with technical cases meeting the above example, two principles: (1) The importance of specifications. It also includes situations discretion will be considered, consistent licensees performing appropriate not involving an unreviewed safety with the Policy, based on the number evaluations to ensure that there are not question where the licensee would need and nature of the violations and the unreviewed safety questions or conflicts to perform a detailed evaluation before breadth of the problem that warranted with technical specifications, and (2) it would have had a reasonable the Severity Level II categorization in the importance of maintaining and expectation that an unreviewed safety determining whether civil penalties controlling changes to the FSAR so that question was not involved without the substantially in excess of the base both the licensee and the NRC performance of a detailed evaluation. amount are warranted. This will include understand the regulatory envelope that This is significant because of the consideration of assessing separate civil has been established for the facility. The importance of licensees using the penalties for each violation that is changes to the Enforcement Policy required process for maintaining and aggregated into the Severity Level II described below should make it clear to operating the facilities in accordance problem. licensees that the Commission believes with the design and procedures that failures in either area can be described in the FSAR when there is 1 The examples are numbered in accordance with significant and can justify substantial uncertainty as to whether an the numbering used in the changes to the regulatory action. unreviewed safety question is present. Enforcement Policy. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54463

Severity Level III inadequate decision was made that an Minor Violations Four examples of Severity Level III unreviewed safety question was not An example is added to address violations are added that demonstrate a present for a subsequent change to the minor violations which are not subject significant regulatory concern, the facility based on the presumed presence to formal enforcement action under the definition of a Severity Level III of equipment that the FSAR erroneously Enforcement Policy and are not violation: indicated was still present in the plant. normally addressed in inspection Example I.C.10 involves an Severity Level IV reports. Example I.E addresses a failure unreviewed safety question, and/or to meet 10 CFR 50.59 requirements that conflict with a technical specification. Four examples of Severity Level IV involves a change to the FSAR Example I.C.11. addresses the failure to violations are added that demonstrate description or procedure, or involves a perform the required evaluation under violations of more than minor concern test or experiment not described in the section 50.59 prior to implementation of which left uncorrected, could become a FSAR, where there was not a reasonable the change in those situations in which more significant concern, the definition likelihood that the change to the facility an extensive evaluation would be of a Severity Level IV violation. or procedure or the conduct of the test needed before a licensee would have Example I.D.5 addresses relatively or experiment would ever be an 2 had a reasonable expectation that an isolated violations of 10 CFR 50.59 not unreviewed safety question. The unreviewed safety question did not involving severity level II or III example also addresses a failure to meet exist. The fact that a post- violations that do not suggest a a 10 CFR 50.71(e) violation, where a implementation evaluation programmatic failure to meet 10 CFR failure to update the FSAR would not demonstrated that no unreviewed safety 50.59. Example I.D.6 addresses a have a material impact on safety or question existed would not mitigate the relatively isolated failure to document licensed activities. regulatory significance of the failure to an evaluation where there is evidence This example is provided because 10 perform the required evaluation prior to that an adequate evaluation was CFR 50.59 covers the complete FSAR. implementation of the change. These performed prior to the change in the However, there are some descriptions in two examples encompass the prior facility or procedures, or the conduct of the FSAR of the facility or procedures example I.C.5. Example I.C.11 is set out an experiment or test. Example I.D.7 that have very little or no relevance to as a separate example to give clearer addresses a failure to update the FSAR safety and are of little or no regulatory notice. as required by 10 CFR 50.71(e) where an concern. Nevertheless, by the specific Example I.C.12 addresses adequate evaluation under 10 CFR 50.59 terms of the regulation, changes to the programmatic failures (i.e., multiple or had been performed and documented. facility as described in the FSAR must recurring failures) to meet the These three examples are, by their be evaluated. Violations in these areas requirements of 10 CFR 50.59 and/or nature, less significant than a Severity are by definition minor and if included 50.71(e) which show a significant lack Level III violation. in an inspection report would be non- of attention to detail resulting in a Example I.D.8 addresses a past cited pursuant to section IV of the current safety or regulatory concern programmatic failure to meet 10 CFR Enforcement Policy such as a change to about the accuracy of the FSAR or a 50.59 and/or 10 CFR 50.71(e) the location of sanitary sewer lines (in concern that 10 CFR 50.59 requirements requirements not involving Severity contrast to natural gas pipelines) in are not being met. This example Level II or III violations that does not owner controlled areas. The focus of addresses a current programmatic reflect a current safety or regulatory this example is on plant equipment, failure or past programmatic failure of concern about the accuracy of the FSAR procedures, tests, or experiments current concern to meet 10 CFR 50.59 or or a current concern that 10 CFR 50.59 described in the FSAR that would not 50.71(e). Application of this example requirements are not being met. This reasonably have any impact on safety requires weighing factors such as: a) the example is similar to example I.C.12. regardless of the change. If the change time period over which the violations However, it is less significant because it involves equipment, procedures and occurred and existed, b) the number of does not involve a current performance tests that have some safety purpose the failures, c) whether one or more issue nor does it have a current impact. violation should normally be considered systems, functions, or pieces of This would address past programmatic to be of more than a minor concern. equipment were involved and the issues where both the cause and the importance of such equipment, impacts have been corrected. 2. Corrective Action functions, or systems, and d) the The determination of whether a Corrective action is a key element in potential significance of the failures. violation or grouping of violations considering the appropriate sanction. Example I.C.13. addresses the failure should be considered a severity level III The discussion of corrective action in to update the FSAR as required by 10 or IV matter will require exercise of Section VI.B.2.c. of the Enforcement CFR 50.71(e) where the failure to update judgement to determine if the failures Policy has been expanded to provide the FSAR resulted in an inadequate are sufficiently broad and programmatic that in response to violations of 10 CFR decision that demonstrates a significant to warrant a finding of significant 50.59, corrective action should normally regulatory concern. This example regulatory concern. To maintain be considered prompt and addresses a significant failure associated consistency and fairness, the regions comprehensive only if the licensee (1) with 10 CFR 50.71(e) where the will coordinate with the Office of makes a prompt decision on operability, violation adversely impacted other Enforcement on severity level IV cases and either (2) makes a prompt decisions such as whether or not a where there is a potential to categorize evaluation under 10 CFR 50.59 if the license amendment is needed or the violations at a severity level III. licensee intends to maintain the facility whether or not an NRC licensing action or procedure in the as found condition, should be taken. An example of such a 2 Relatively isolated violations or failures would or (3) promptly initiates corrective violation would be the failure to update include a number of recently discovered violations action consistent with Criterion XVI of that occurred over a period of years and are not the FSAR to delete a reference to indicative of a programmatic safety concern with 10 CFR 50, Appendix B if it intends to equipment that had been properly meeting the requirements of 10 CFR 50.59 or restore the facility or procedure to the removed from the facility. As a result an 50.71(e). FSAR description. It is important for 54464 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices licensees to recognize the need for these CFR 50.59 and 50.71(e), the licensee Applying this discretion should actions because until such actions are should be taking broad corrective action further the objectives of the taken the violation continues unabated. to ensure that the licensee is meeting its Enforcement Policy to encourage licensing basis. The corrective action identification and correction of 3. Reporting should have a defined scope and violations as well as provide deterrence Section IV.D. of the Enforcement schedule. for future violations. Policy provides that unless otherwise The Commission intends to utilize The Commission recognizes the categorized in the Supplements, the Section VII.B.3 of the Enforcement importance to provide licensees with severity level of a violation involving Policy to provide incentives to incentives to embark on voluntary the failure to make a required report to encourage licensees to identify and initiatives to identify and correct FSAR the NRC will be based upon the correct violations which are not discrepancies. However, licensees significance of and the circumstances normally identified through current should be designing and implementing surrounding the matter that should be surveillance and quality assurance their programs with goals to have these reported. The Policy has been clarified activities. Enforcement action would discrepancies identified in the near to make it clear that failure to make a normally not be taken against a licensee term. Therefore, it is not appropriate to required report under 10 CFR 50.72 and if the licensee identifies violations up to continue indefinitely the granting of 50.73, if the matter not reported and including Severity Level II enforcement discretion in cases where involves (i) an unreviewed safety associated with the FSAR by a voluntary the NRC identifies the violations. As question (ii) a conflict with a technical initiative (including either a formal provided above in item a, for NRC specification or (iii) any Severity Level program or informal effort where issues identified violations use of Section III violation, is a significant regulatory are identified through a questioning VII.B.3 enforcement discretion for FSAR concern. The NRC needs such attitude of an employee), provided the discrepancies will consider the information concerning significant licensee takes comprehensive corrective schedule for the licensee’s voluntary issues to carry out its regulatory action and appropriately expands the initiative and when NRC identified the responsibilities. scope of the voluntary initiative to violation. The two year period will 4. Old Design Issues identify other failures with similar root provide a reasonable time period and causes. If this enforcement discretion is incentive for licensees to plan and Section VII.B.3, Violations Involving utilized, the licensee’s voluntary conduct appropriate reviews to ensure Old Design Issues, of the Enforcement initiative must be described in writing that their facilities meet the descriptions Policy addresses enforcement discretion and be publicly available. The staff will in the FSAR and take necessary for old design issues and may be reference and summarize the licensee’s corrective action. The staff will continue applicable to some 10 CFR 50.59 voluntary initiative, including the scope to document in inspection reports the violations to the extent that voluntary and schedule for corrective action, in an results of its inspections against the action by a licensee identifies a past inspection report and will follow the FSAR and other than the exception problem, such as in engineering, design, licensee’s corrective action until noted in item a, above, will continue or installation. This discretion addresses complete as an inspection report open enforcement for NRC-identified violations that would not likely be item. violations. identified by routine licensee efforts Section VII.B.3 discretion would not Following this two year period, if a such as normal surveillance or quality normally be applied to departures from Severity Level II ($88,000) or III assurance activities. Identification of the FSAR if: ($55,000) violation is identified, the past violations through required efforts (a) The NRC identifies the violation Commission intends to use its would be treated using the normal unless it was likely in the staff’s view discretion to increase the fine and could policy. that the licensee would have identified assess civil penalties for each violation This provision was originally adopted the violation in light of the defined or problem of $110,000 which may be to encourage voluntary initiatives to scope, thoroughness, and schedule of further escalated after considering the establish design reconstitution programs the licensee’s initiative (provided the number and nature of the violations, the such as licensee initiated safety systems schedule provides for completion of the severity of the violations, whether the functional inspections to identify and licensee’s initiative within two years of violations were continuing, and who correct past design errors. This section this policy change); identified the violations (and if the places a premium on licensees (b) The licensee identifies the licensee identified the violation, identifying issues before degraded violation as a result of an event or whether exercise of Section VII.B.3 equipment is called upon to work. surveillance or other required testing enforcement discretion is warranted), Similarly, application of this provision where required corrective action rather than the normal assessment in the policy to past FSAR issues could identifies the FSAR issue; factors. This approach is intended to encourage licensees to establish (c) The licensee identifies the increase the incentive for licensees to programs with goals to ensure full violation but had prior opportunities to take timely action to ensure that their compliance with the FSAR licensing do so (was aware of the departure from facilities match the FSAR. For example, basis and determine if there are the FSAR) and failed to correct it earlier; if a single Severity Level III violation is unknown unreviewed safety questions (d) There is willfulness associated identified by the NRC and it lasted for that have not been identified and with the violation; more than one day, a civil penalty of addressed. To justify the exercise of (e) The licensee fails to make a report $220,000 could be assessed. If the Section VII.B.3 discretion, licensees required by the identification of the licensee identified the same violation must take comprehensive corrective departure from the FSAR; or and application of enforcement action. The policy provides that (f) The licensee either fails to take discretion under Section VII.B.3 was not licensees should expand their reviews, comprehensive corrective action or fails warranted, a civil penalty of $110,000 as necessary, to identify other failures to appropriately expand the corrective ($55,000 × 2 days) could be assessed for from similar root causes. Thus, in action program. The corrective action the example cited above which will applying this discretion, as with any should be broad with a defined scope provide some recognition of the significant violation associated with 10 and schedule. licensee’s efforts. Section VII.A.1 of the Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54465

Enforcement Policy is being amended Accordingly, the NRC Enforcement licensee’s initiative within two years consistent with this approach. Policy is amended as follows: after October 18, 1996; (b) The licensee identifies the In summary, to encourage licensees GENERAL STATEMENT OF POLICY violation as a result of an event or promptly to undertake voluntary AND PROCEDURE FOR NRC surveillance or other required testing initiatives to identify and correct FSAR ENFORCEMENT ACTIONS noncompliances, the NRC is modifying where required corrective action Section VII.B.3 of the Enforcement 1. In Section VI., add the following identifies the FSAR issue; Policy to provide for: language at the end of paragraph B.2.c. (c) The licensee identifies the violation but had prior opportunities to (1) The exercise of discretion to VI. Enforcement Actions refrain from issuing civil penalties and, do so (was aware of the departure from in some instances, citations for a two * * * * * the FSAR) and failed to correct it earlier; year period where a licensee undertakes B. Civil Penalty. * * * (d) There is willfulness associated voluntary initiative to identify and 2. Civil Penalty assessment. * * * with the violation; correct FSAR noncompliances that will c. Credit for prompt and (e) The licensee fails to make a report be completed within that two year comprehensive corrective action * * * required by the identification of the period, and In response to violations of 10 CFR departure from the FSAR; or 50.59, corrective action should normally (2) The exercise of discretion to (f) The licensee either fails to take be considered prompt and escalate the amount of the civil comprehensive corrective action or fails comprehensive only if the licensee penalties for FSAR/50.59 to appropriately expand the corrective (i) Makes a prompt decision on noncompliances identified by the NRC action program. The corrective action operability; and either subsequent to the two year voluntary should be broad with a defined scope (ii) Makes a prompt evaluation under initiative period. and schedule. 10 CFR 50.59 if the licensee intends to 4. In Supplement I, paragraphs C(5) Amounts of Penalties maintain the facility or procedure in the and D(2); are removed and paragraphs as found condition; or The amounts of penalties reflected in B(4), C(10), C(11), C(12), C(13), C(14), (iii) Promptly initiates corrective this Notice and the accompanying D(5), D(6), D(7), D(8) and E are added to action consistent with Criterion XVI of Policy Statement are based on the read as follows: 10 CFR 50, Appendix B if it intends to current Policy Statement that was restore the facility or procedure to the Supplement I—Reactor Operations revised on October 4, 1996 and FSAR description. B. Severity Level II—Violations published in the Federal Register on involving for example: October 11, 1996 (61 FR 53557). The * * * * * revised penalty amounts apply to 2. In Section VII., add the following * * * * * violations occurring or continuing after language as paragraph h. at the end of 4. Failures to meet 10 CFR 50.59 November 12, 1996. Otherwise the paragraph A.1.g.: including several unreviewed safety questions, or conflicts with technical amounts in the Policy Statement at the VII. Exercise of Discretion time of the violation will be used in specifications, involving a broad A. Escalation of Enforcement assessing any civil penalty. spectrum of problems affecting multiple Sanctions. * * * areas, some of which impact the Paperwork Statement h. Severity Level II or III violations operability of required equipment. This policy statement does not associated with departures from the C. Severity Level III—Violations contain a new or amended information Final Safety Analysis Report identified involving for example: collection requirement subject to the after two years from October 18, 1996. * * * * * Paperwork Reduction Act of 1995 (44 Such a violation or problem would 5. [Reserved] consider the number and nature of the U.S.C. 3501 et seq.). Existing * * * * * requirements were approved by the violations, the severity of the violations, 10. The failure to meet 10 CFR 50.59 Office of Management and Budget, whether the violations were continuing, where an unreviewed safety question is approval number 3150–0136. The and who identified the violations (and involved, or a conflict with a technical approved information collection if the licensee identified the violation, specification, such that a license requirements contained in this policy whether exercise of Section VII.B.3 amendment is required; statement appear in Section VII.C. enforcement discretion is warranted). 11. The failure to perform the * * * * * required evaluation under 10 CFR 50.59 Public Protection Notification 3. In Section VII. add at the end of prior to implementation of the change in The NRC may not conduct or sponsor, paragraph B.3: those situations in which no and a person is not required to respond B. Mitigation of Enforcement unreviewed safety question existed, but to, a collection of information unless it Sanctions. * * * an extensive evaluation would be displays a currently valid OMB control 3. Violations Involving Old Design needed before a licensee would have number. Issues. * * * had a reasonable expectation that an * * * * * unreviewed safety question did not Small Business Regulatory Enforcement Section VII.B.3 discretion would not exist; Fairness Act normally be applied to departures from 12. Programmatic failures (i.e., In accordance with the Small the FSAR if: multiple or recurring failures) to meet Business Regulatory Enforcement (a) The NRC identifies the violation the requirements of 10 CFR 50.59 and/ Fairness Act of 1996, the NRC has unless it was likely in the staff’s view or 50.71(e) that show a significant lack determined that this action is not a that the licensee would have identified of attention to detail, whether or not major rule and has verified this the violation in light of the defined such failures involve an unreviewed determination with the Office of scope, thoroughness, and schedule of safety question, resulting in a current Information and Regulatory Affairs of the licensee’s initiative (provided the safety or regulatory concern about the OMB. schedule provides for completion of the accuracy of the FSAR or a concern that 54466 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

10 CFR 50.59 requirements are not being would ever be an unreviewed safety (312–751–3363). Comments regarding met. Application of this example question. In the case of a 10 CFR the information collection should be requires weighing factors such as: (a) the 50.71(e) violation, where a failure to addressed to Ronald J. Hodapp, Railroad time period over which the violations update the FSAR would not have a Retirement Board, 844 North Rush occurred and existed, (b) the number of material impact on safety or licensed Street, Chicago, Illinois 60611–2092 and failures, (c) whether one or more activities. The focus of the minor the OMB reviewer, Laura Oliven (202– systems, functions, or pieces of violation is not on the actual change, 395–7316), Office of Management and equipment were involved and the test, or experiment, but on the potential Budget, Room 10230, New Executive importance of such equipment, safety role of the system, equipment, Office Building, Washington, D.C. functions, or systems, and (d) the etc. that is being changed, tested, or 20503. potential significance of the failures; experimented on. Chuck Mierzwa, 13. The failure to update the FSAR as * * * * * Clearance Officer. required by 10 CFR 50.71(e) where the Dated at Rockville, MD, this 11th day of [FR Doc. 96–26803 Filed 10–17–96; 8:45 am] unupdated FSAR was used in October 1996. BILLING CODE 7905±01±M performing a 10 CFR 50.59 evaluation For the Nuclear Regulatory Commission. and as a result, an inadequate decision John C. Hoyle, was made demonstrating a significant Secretary of the Commission. SECURITIES AND EXCHANGE regulatory concern; or [FR Doc. 96–26679 Filed 10–17–96; 8:45 am] COMMISSION 14. The failure to make a report required by 10 CFR 50.72 or 50.73 BILLING CODE 7590±01±P [Investment Company Act Release No. associated with (a) an unreviewed safety 22279; 811±4439] question, (b) a conflict with a technical RAILROAD RETIREMENT BOARD Alliance Convertible Fund; Notice of specification, or (c) any other Severity Application Level III violation. Agency Forms Submitted for OMB D. Severity Level IV—Violations October 11, 1996. Review involving for example: AGENCY: Securities and Exchange * * * * * SUMMARY: In accordance with the Commission (‘‘SEC’’). 2. [Reserved] Paperwork Reduction Act of 1995 (44 ACTION: Notice of application for an * * * * * U.S.C. Chapter 35), the Railroad Order under the Investment Company 5. Relatively isolated violations of 10 Retirement Board has submitted the Act of 1940 (the ‘‘Act’’). CFR 50.59 not involving severity level II following proposal(s) for the collection APPLICANT: Alliance Convertible Fund. or III violations that do not suggest a of information to the Office of RELEVANT ACT SECTIONS: Section 8(f). programmatic failure to meet 10 CFR Management and Budget for review and 50.59. Relatively isolated violations or approval. SUMMARY OF APPLICATION: Applicant seeks an order declaring that it has failures would include a number of Summary of Proposal(s) recently discovered violations that ceased to be an investment company. occurred over a period of years and are (1) Collection title: Evidence of FILING DATES: The application was filed not indicative of a programmatic safety Martial Relationship—Living with on August 5, 1996 and amended on concern with meeting 10 CFR 50.59 or Requirements. October 10, 1996. 50.71(e); (2) Form(s) submitted: G–124, G–124a, HEARING OR NOTIFICATION OF HEARING: An 6. A relatively isolated failure to G–237, G–238, and G–238a. order granting the application will be document an evaluation where there is (3) OMB Number: 3220–0021. issued unless the SEC orders a hearing. evidence that an adequate evaluation (4) Expiration date of current OMB Interested persons may request a was performed prior to the change in clearance: November 30, 1996. hearing by writing to the SEC’s the facility or procedures, or the (5) Type of request: Extension of a Secretary and serving applicants with a conduct of an experiment or test; currently approved collection. copy of the request, personally or by 7. A failure to update the FSAR as (6) Respondents: Individuals or mail. Hearing requests should be required by 10 CFR 50.71(e) where an households, State, Local or Tribal received by the SEC by 5:30 p.m. on adequate evaluation under 10 CFR 50.59 Government. November 5, 1996, and should be had been performed and documented; (7) Estimated annual number of accompanied by proof of service on or respondents: 1,100. applicants, in the form of an affidavit, 8. A past programmatic failure to meet (8) Total annual responses: 1,100. or, for lawyers, a certificate of service. 10 CFR 50.59 and/or 10 CFR 50.71(e) (9) Total annual reporting hours: 196. Hearing requests should state the nature requirements not involving Severity (10) Collection description: Under the of the writer’s interest, the reason for the Level II or III violations that does not RRA, to obtain a benefit as a spouse of request, and the issues contested. reflect a current safety or regulatory an employee annuitant or as the Persons may request notification of a concern about the accuracy of the FSAR widow(er) of the deceased employee, hearing by writing to the SEC’s or a concern that 10 CFR 50.59 applicants must submit information to Secretary. requirements are not being met. be used in determining if they meet the ADDRESSES: Secretary, SEC, 450 Fifth E. Minor Violations: marriage requirements of such benefits. Street, N.W., Washington, D.C. 20549. A failure to meet 10 CFR 50.59 The collection obtains information Applicant, 1345 Avenue of the requirements that involves a change to supporting claimed common-law Americas, New York, New York 10105. the FSAR description or procedure, or marriage, termination of previous FOR FURTHER INFORMATION CONTACT: involves a test or experiment not marriages and residency requirements. Elaine M. Boggs, Staff Attorney, at (202) described in the FSAR, where there was ADDITIONAL INFORMATION OR COMMENTS: 942–0572, or Alison E. Baur, Branch not a reasonable likelihood that the Copies of the form and supporting Chief, at (202) 942–0564 (Division of change to the facility or procedure or documents can be obtained from Chuck Investment Management, Office of the conduct of the test or experiment Mierzwa, the agency clearance officer Investment Company Regulation). Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54467

SUPPLEMENTARY INFORMATION: The 6. Subsequent to the filing of the Form Applicant, 1345 Avenue of the following is a summary of the N–8F, applicant will terminate its legal Americas, New York, New York 10105. application. The complete application existence in accordance with the laws of FOR FURTHER INFORMATION CONTACT: may be obtained for a fee from the SEC’s Massachusetts. Elaine M. Boggs, Staff Attorney, at (202) Public Reference Branch. 7. There are no securityholders to 942–0572, or Alison E. Baur, Branch whom distributions in complete Applicant’s Representations Chief, at (202) 942–0564 (Division of liquidation of their interests have not Investment Management, Office of 1. Applicant is an open-end been made. Applicant has retained no Investment Company Regulation). management investment company that assets. Applicant has no debts or other SUPPLEMENTARY INFORMATION: The is organized as a business trust under liabilities that remain outstanding. following is a summary of the the laws of Massachusetts. Applicant Applicant is not a party to any litigation application. The complete application registered under the Act and filed a or administrative proceeding. may be obtained for a fee from the SEC’s registration statement on Form N–1A on 8. Applicant is not now engaged, nor Public Reference Branch. October 28, 1985. Applicant’s does it propose to engage, in any registration statement was declared business activities other than those Applicant’s Representations effective on January 29, 1986, and necessary for the winding up of its 1. Applicant is an open-end applicant commenced a public offering affairs. management investment company that of its shares shortly thereafter. is organized as a business trust under 2. On January 17, 1991, applicant’s For the Commission, by the Division of Investment Management, pursuant to the laws of Massachusetts. Applicant board of trustees considered and delegated authority. registered under the Act and filed a approved a sale of substantially all of Margaret H. McFarland, registration statement on Form N–1A on the assets and liabilities of applicant to Deputy Secretary. October 31, 1984. Applicant’s the Alliance Growth and Income Fund, registration statement was declared [FR Doc. 96–26789 Filed 10–17–96; 8:45 am] Inc. (the ‘‘Acquiring Fund’’), a registered effective on February 8, 1985, and open-end investment company. The BILLING CODE 8010±01±P applicant commenced a public offering board of trustees made the findings of its shares shortly thereafter. required by rule 17a–8 under the Act, [Investment Company Act Release No. 2. On November 28, 1995, applicant’s i.e., that the reorganization was in the 22280; 811±4139] board of trustees considered and best interest of applicant and that there approved a sale of substantially all of would be no dilution, by virtue of the Alliance Counterpoint Fund; Notice of the assets and liabilities of applicant to proposed exchange, in the value of Application the Alliance Premier Growth Fund, Inc. shares held at that time by applicant’s (the ‘‘Acquiring Fund’’), a registered shareholders.1 In determining that October 11, 1996. open-end investment company. The applicant should enter into the AGENCY: Securities and Exchange board of trustees made the findings reorganization, the trustees considered, Commission (‘‘SEC’’). required by rule 17a–8 under the Act, among other things, the investment ACTION: Notice of application for an i.e., that the reorganization was in the objectives, policies, and restrictions of order under the Investment Company best interest of applicant and that there applicant and the Acquiring Fund. Act of 1940 (the ‘‘Act’’). would be no dilution, by virtue of the 3. On February 19, 1991, a proxy proposed exchange, in the value of statement was filed with the SEC and APPLICANT: Alliance Counterpoint Fund. shares held at that time by applicant’s applicant mailed proxy materials to its RELEVANT ACT SECTIONS: Section 8(f). shareholders.1 In determining that shareholders approximately a month SUMMARY OF APPLICATION: Applicant applicant should enter into the later. On April 26, 1991, applicant’s seeks an order declaring that it has reorganization, the trustees considered, shareholders approved the ceased to be an investment company. among other things, the investment reorganization. FILING DATES: The application was filed objectives, policies, and strategies of 4. On May 10, 1991, applicant on July 26, 1996 and amended on applicant and the Acquiring Fund. transferred its assets and liabilities to October 10, 1996. 3. On December 22, 1995, a proxy the Acquiring Fund in exchange for statement was filed with the SEC and HEARING OR NOTIFICATION OF HEARING: An shares of the Acquiring Fund on the applicant mailed proxy materials to its order granting the application will be basis of the relative net asset values per shareholders approximately a month issued unless the SEC orders a hearing. share of applicant and the Acquiring later. On February 29, 1996, applicant’s Interested persons may request a Fund. The shares of the Acquiring Fund shareholders approved the hearing by writing to the SEC’s received by applicant were distributed reorganization. Secretary and serving applicants with a to the holders of applicant’s shares 4. On March 22, 1996, applicant copy of the request, personally or by based on the relative net asset values transferred its assets and liabilities to mail. Hearing requests should be per share of the two funds. the Acquiring Fund in exchange for 5. The expenses incurred in received by the SEC by 5:30 p.m. on shares of the Acquiring Fund on the connection with the reorganization were November 5, 1996, and should be basis of the relative net asset values per paid by Alliance Capital Management accompanied by proof of service on share of applicant and the Acquiring L.P., applicant’s investment adviser. No applicants, in the form of an affidavit, Fund. The class A, B, and C shares of brokerage fees were paid in connection or, for lawyers, a certificate of service. the Acquiring Fund received by with the reorganization. Hearing requests should state the nature applicant were distributed to the of the writer’s interest, the reason for the 1 Rule 17a–8 provides an exemption from section request, and the issues contested. 1 Rule 17a–8 provides an exemption from section 17(a) for certain reorganizations among registered Persons may request notification of a 17(a) for certain reorganizations among registered investment companies that may be affiliated hearing by writing to the SEC’s investment companies that may be affiliated persons, or affiliated persons of an affiliated person, Secretary. persons, or affiliated persons of an affiliated person, solely by reason of having a common investment solely by reason of having a common investment adviser, common directors, and/or common ADDRESSES: Secretary, SEC, 450 Fifth adviser, common directors, and/or common officers. Street, N.W., Washington, D.C. 20549. officers. 54468 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices holders of the corresponding class of Hearing requests should state the nature 4. On March 25, 1994, applicant applicant’s shares based on the relative of the writer’s interest, the reason for the transferred its assets and liabilities to net asset values per share of the two request, and the issues contested. the Acquiring Fund in exchange for funds. Persons may request notification of a shares of the Acquiring Fund on the 5. The expenses incurred in hearing by writing to the SEC’s basis of the relative net asset values per connection with the reorganization were Secretary. share of applicant and the Acquiring paid by Alliance Capital Management ADDRESSES: Secretary, SEC, 450 Fifth Fund. The shares of the Acquiring Fund L.P., applicant’s investment adviser. No Street, N.W., Washington, D.C. 20549. received by applicant were distributed brokerage fees were paid in connection Applicant, 1345 Avenue of the to the holder of applicant’s shares based with the reorganization. Americas, New York, New York 10105. on the relative net asset values per share 6. Subsequent to the filing of the Form FOR FURTHER INFORMATION CONTACT: of the two funds. N–8F, applicant will terminate its legal Elaine M. Boggs, Staff Attorney, at (202) 5. The expenses incurred in existence in accordance with the laws of connection with the reorganization were Massachusetts. 942–0572, or Alison E. Baur, Branch Chief, at (202) 942–0564 (Division of paid by Alliance Capital Management 7. There are no securityholders to L.P., applicant’s investment adviser. No whom distributions in complete Investment Management, Office of Investment Company Regulation). brokerage fees were paid in connection liquidation of their interests have not with the reorganization. SUPPLEMENTARY INFORMATION: The been made. Applicant has retained no 6. Subsequent to the filing of the Form following is a summary of the assets. Applicant has no debts or other N–8F, applicant will terminate its legal application. The complete application liabilities that remain outstanding. existence in accordance with the laws of may be obtained for a fee from the SEC’s Applicant is not a party to any litigation Massachusetts. Public Reference Branch. or administrative proceeding. 7. There are no securityholders to 8. Applicant is not now engaged, nor Applicant’s Representations whom distributions in complete does it propose to engage, in any liquidation of their interests have not business activities other than those 1. Applicant is an open-end management investment company that been made. Applicant has retained no necessary for the winding up of its assets. Applicant has no debts or other affairs. is organized as a business trust under the laws of Massachusetts. Applicant liabilities that remain outstanding. For the Commission, by the Division of registered under the Act and filed a Applicant is not a party to any litigation Investment Management, pursuant to or administrative proceeding. delegated authority. registration statement on Form N–1A on August 1, 1985. Applicant’s registration 8. Applicant is not now engaged, nor Margaret H. McFarland, statement was declared effective on does it propose to engage, in any Deputy Secretary. October 21, 1985, and applicant business activities other than those [FR Doc. 96–26787 Filed 10–17–96; 8:45 am] commenced a public offering of its necessary for the winding up of its BILLING CODE 8010±01±M shares shortly thereafter. affairs. 2. On December 9, 1993, applicant’s For the Commission, by the Division of [Investment Company Act Release No. board of trustees considered and Investment Management, pursuant to 22278; 811±4371] approved a sale of substantially all of delegated authority. the assets and liabilities of applicant to Margaret H. McFarland, Alliance Global Fund; Notice of the Alliance International Fund (the Deputy Secretary. Application ‘‘Acquiring Fund’’), a registered open- [FR Doc. 96–26788 Filed 10–17–96; 8:45 am] October 11, 1996. end investment company. The board of BILLING CODE 8010±01±M AGENCY: Securities and Exchange trustees made the findings required by Commission (‘‘SEC’’). rule 17a–8 under the Act, i.e., that the ACTION: Notice of application for an reorganization was in the best interest of [Investment Company Act Release No. order under the Investment Company applicant and that there would be no 22281; 811±6207] Act of 1940 (the ‘‘Act’’). dilution, by virtue of the proposed exchange, in the value of shares held at Alliance Multi-Market Income Trust, APPLICANT: Alliance Global Fund. that time by applicant’s shareholders.1 Inc.; Notice of Application RELEVANT ACT SECTIONS: Section 8(f). In determining that applicant should October 11, 1996. SUMMARY OF APPLICATION: Applicant enter into the reorganization, the AGENCY: Securities and Exchange seeks an order declaring that it has trustees considered, among other things, Commission (‘‘SEC’’). ceased to be an investment company. the investment objectives, policies, and FILING DATES: The application was filed restrictions of applicant and the ACTION: Notice of Application for an on July 26, 1996 and amended on Acquiring Fund. Order under the Investment Company October 10, 1996. 3. On January 7, 1994, a proxy Act of 1940 (the ‘‘Act’’). HEARING OR NOTIFICATION OF HEARING: An statement was filed with the SEC and APPLICANT: Alliance Multi-Market order granting the application will be applicant mailed proxy materials to its Income Trust, Inc. issued unless the SEC orders a hearing. shareholders approximately a month RELEVANT ACT SECTIONS: Section 8(f). Interested persons may request a later. On March 18, 1994, applicant’s hearing by writing to the SEC’s shareholders approved the SUMMARY OF APPLICATION: Applicant Secretary and serving applicants with a reorganization. seeks an order declaring that it has copy of the request, personally or by ceased to be an investment company. mail. Hearing requests should be 1 Rule 17a–8 provides an exemption from section FILING DATES: The application was filed received by the SEC by 5:30 p.m. on 17(a) for certain reorganizations among registered on July 26, 1996 and amended on November 5, 1996, and should be investment companies that may be affiliated October 10, 1996. persons, or affiliated persons of an affiliated person, HEARING OR NOTIFICATION OF HEARING: accompanied by proof of service on solely by reason of having a common investment An applicants, in the form of an affidavit, adviser, common directors, and/or common order granting the application will be or, for lawyers, a certificate of service. officers. issued unless the SEC orders a hearing. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54469

Interested persons may request a policies, and restrictions of applicant HEARING OR NOTIFICATION OF HEARING: An hearing by writing to the SEC’s and the Acquiring Fund. order granting the application will be Secretary and serving applicants with a 3. On June 24, 1994, a proxy issued unless the SEC orders a hearing. copy of the request, personally or by statement was filed with the SEC and Interested persons may request a mail. Hearing requests should be applicant mailed proxy materials to its hearing by writing to the SEC’s received by the SEC by 5:30 p.m. on shareholders approximately a month Secretary and serving applicant with a November 5, 1996, and should be later. On September 1, 1994, applicant’s copy of the request, personally or by accompanied by proof of service on shareholders approved the mail. Hearing requests should be applicants, in the form of an affidavit, reorganization. received by the SEC by 5:30 p.m. on 4. On September 1, 1994, applicant or, for lawyers, a certificate of service. November 4, 1996, and should be transferred its assets and liabilities to Hearing requests should state the nature accompanied by proof of service on the the Acquiring Fund in exchange for of the writer’s interest, the reason for the applicant, in the form of an affidavit or, request, and the issues contested. shares of the Acquiring Fund on the basis of the relative net asset values per for lawyers, a certificate of service. Persons may request notification of a Hearing requests should state the nature hearing by writing to the SEC’s share of applicant and the Acquiring of the writer’s interest, the reason for the Secretary. Fund. The shares of the Acquiring Fund request, and the issues contested. ADDRESSES: Secretary, SEC, 450 Fifth received by applicant were distributed Persons may request notification of a Street, N.W., Washington, D.C. 20549. to the holders of applicant’s shares hearing by writing to the SEC’s Applicant, 1345 Avenue of the based on the relative net asset values Secretary. Americas, New York, New York 10105. per share of the two funds. FOR FURTHER INFORMATION CONTACT: 5. The expenses incurred in ADDRESSES: Secretary, SEC, 450 Fifth Elaine M. Boggs, Staff Attorney, at (202) connection with the reorganization were Street, N.W., Washington, D.C. 20549. 942–0572, or Alison E. Baur, Branch paid by Alliance Capital Management Applicant, 6735 Anders Terrace, Chief, at (202) 942–0564 (Division of L.P., applicant’s investment adviser. No Springfield, Virginia 22151. Investment Management, Office of brokerage fees were paid in connection FOR FURTHER INFORMATION CONTACT: Investment Company Regulation). with the reorganization. 6. Subsequent to the filing of the Form SUPPLEMENTARY INFORMATION: The Diane L. Titus, Paralegal Specialist, at following is a summary of the N-8F, applicant will dissolve under the (202) 942–0584, or Alison E. Baur, application. The complete application laws of Maryland. Branch Chief, at (202) 942–0564 7. There are no securityholders to may be obtained for a fee from the SEC’s (Division of Investment Management, whom distributions in complete Public Reference Branch. Office of Investment Company liquidation of their interests have not Regulation). Applicant’s Representations been made. Applicant has retained no 1. Applicant is an open-end assets. Applicant has no debts or other SUPPLEMENTARY INFORMATION: The management investment company that liabilities that remain outstanding. following is a summary of the is organized as a corporation under the Applicant is not a party to any litigation application. The complete application laws of Maryland. Applicant registered or administrative proceeding. may be obtained for a fee from the SEC’s under the Act and filed a registration 8. Applicant is not now engaged, nor Public Reference Branch. statement on Form N–1A on October 31, does it propose to engage, in any Applicant’s Representation 1990. Applicant’s registration statement business activities other than those was declared effective on December 11, necessary for the winding up of its 1. Applicant is an open-end 1990, and applicant commenced a affairs. diversified management investment public offering of its shares shortly For the Commission, by the Division of company that is organized as a thereafter. Investment Management, pursuant to management investment company. SEC 2. On June 14, 1994, applicant’s board delegated authority. records indicate that, on September 25, of directors considered and approved a Margaret H. McFarland, 1989, applicant registered under the Act sale of substantially all of the assets and Deputy Secretary. and filed a registration statement on liabilities of applicant to the Alliance [FR Doc. 96–26786 Filed 10–17–96; 8:45 am] Form N–1A under the Act and the World Income Trust, Inc. (the BILLING CODE 8010±01±M Securities Act of 1933. Applicant’s ‘‘Acquiring Fund’’), a registered open- registration statement was not declared end investment company. The board of [Investment Company Act Release No. IC± effective, and applicant made no public directors made the findings required by 22276; 811±5905] offering of its securities. rule 17a–8 under the Act, i.e., that the 2. Applicant has not sold any reorganization was in the best interest of Photonic Fund, Inc.; Notice of securities. Applicant has no assets, applicant and that there would be no Application liabilities, or security holders. Applicant dilution, by virtue of the proposed October 10, 1996. is not a party to any litigation or exchange, in the value of shares held at AGENCY: Securities and Exchange administrative proceeding. that time by applicant’s shareholders.1 Commission (‘‘SEC’’). In determining that applicant should ACTION: Notice of application for 3. Applicant is not now engaged, nor enter into the reorganization, the deregistration under the Investment does it intend to engage, in any business directors considered, among other Company Act of 1940 (the ‘‘Act’’). activities other than those necessary for things, the investment objectives, the winding up of its affairs. APPLICANT: Photonic Fund, Inc. For the SEC, by the Division of Investment 1 Rule 17a–8 provides an exemption from section RELEVANT ACT SECTION: Section 8(f). Management, under delegated authority. 17(a) for certain reorganizations among registered SUMMARY OF APPLICATION: Applicant Margaret H. McFarland, investment companies that may be affiliated requests an order declaring that it has persona, or affiliated persons of an affiliated person, Deputy Secretary. solely by reason of having a common investment ceased to be an investment company. adviser, common directors, and/or common FILING DATE: The application was filed [FR Doc. 96–26713 Filed 10–17–96; 8:45 am] officers. on September 19, 1996. BILLING CODE 8010±01±M 54470 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

[Rel. No. ICÐ22275; 812±10246] September 27, 1996. Applicants agree to shareholders of each of its member file an amendment, the substance of Funds. Vanguard also provides Vanguard Money Market Reserves, which is incorporated herein, during the investment advisory services to certain Inc., et al.; Notice of Application notice period. member Funds on an at-cost basis. October 10, 1996. HEARING OR NOTIFICATION OF HEARING: An Vanguard Institutional Index Fund is AGENCY: Securities and Exchange order granting the application will be not a member of the Vanguard Group, Commission (‘‘SEC’’). issued unless the SEC orders a hearing. but receives services from Vanguard on an at-cost basis pursuant to an ACTION: Notice of Application for Interested persons may request a individual service agreement. Vanguard Exemption Under the Investment hearing by writing to the SEC’s STAR Fund, which invests exclusively Company Act of 1940 (the ‘‘Act’’). Secretary and serving applicants with a copy of the request, personally or by in other Vanguard Funds, is also not a APPLICANTS: Vanguard Money Market mail. Hearing requests should be member of the Vanguard Group. The Reserves, Inc., Vanguard Balanced Index received by the SEC by 5:30 p.m. on boards of directors of the Funds and of Fund, Inc., Vanguard Municipal Bond November 4, 1996, and should be Vanguard are presently the same. Eight Fund, Inc., Vanguard California Tax- accompanied by proof of service on of the ten directors have no affiliation Free Fund, Vanguard Florida Insured applicants in the form of an affidavit or, with the Funds or Vanguard other than Tax-Free Fund, Vanguard New Jersey for lawyers, a certificate of service. as directors. Tax-Free Fund, Vanguard New York Hearing requests should state the nature 3. The Existing Order permits the Insured Tax-Free Fund, Vanguard Ohio of the writer’s interest, the reason for the Funds to invest through a joint account Tax-Free Fund, Vanguard Pennsylvania request, and the issues contested. (‘‘Joint Account’’) in repurchase Tax-Free Fund, Vanguard Bond Index Persons who wish to be notified of a agreements with a maturity of seven Fund, Inc., Vanguard Fixed Income hearing may request notification by days or less. Applicants propose to Securities Fund, Inc., Vanguard/ writing to the SEC’s Secretary. continue to operate the Joint Account in the same manner as permitted by the Wellesley Income Fund, Inc., Vanguard ADDRESSES: Secretary, SEC, 450 5th Existing Order, subject to the proposed Asset Allocation Fund, Inc., Vanguard Street, N.W., Washington, D.C. 20549. Convertible Securities Fund, Inc., modifications discussed below. Applicants: Vanguard Financial Center, 4. Applicants propose to amend the Vanguard/Windsor Funds, Inc., Valley Forge, Pennsylvania 19482. Vanguard/Wellington Fund, Inc., Existing Order to permit the Funds to FOR FURTHER INFORMATION CONTACT: Vanguard/Trustees’ Equity Fund, pool their daily uninvested cash Sarah A. Buescher, Staff Attorney, at Vanguard Equity Income Fund, Inc., balances into one or more Joint Vanguard Index Trust, Vanguard (202) 942–0573, or Alison E. Baur, Accounts authorized to (a) invest in (i) Institutional Index Fund, Vanguard Branch Chief, (202) 942–0564 (Office of tax-exempt variable rate demand notes International Equity Index Fund, Inc., Investment Company Regulation, (‘‘VRDNs’’) with demand features Vanguard Quantitative Portfolios, Inc., Division of Investment Management). providing for maturities of up to 30 days Vanguard Preferred Stock Fund, SUPPLEMENTARY INFORMATION: The or one month and (ii) securities (other Vanguard/PRIMECAP Fund, Inc., following is a summary of the than VRDNs) exempt from federal and/ Vanguard World Fund, Inc., Vanguard/ application. The complete application or state income tax with remaining Morgan Growth Fund, Inc., Vanguard may be obtained for a fee at the SEC’s maturities of up to 60 days (collectively, Explorer Fund, Inc., Vanguard Public Reference Branch. ‘‘Tax-Exempt Securities’’), (b) invest in commercial paper, certificates of Specialized Portfolios, Inc., Vanguard Applicants’ Representations Variable Insurance Fund, Vanguard deposit, other non-government money Admiral Funds, Inc., Vanguard Tax- 1. The Funds, except for Vanguard market securities, and U.S. Government Managed Fund, Inc., Vanguard STAR Fund and Vanguard Institutional Securities (i.e., obligations issued or Whitehall Funds, Inc., Vanguard STAR Index Fund, are members of the guaranteed as to principal or interest by Fund, and Gemini II, Inc., (collectively, Vanguard Group of Investment the U.S. Government and by any of its the ‘‘Funds’’) and The Vanguard Group, Companies, a group of over 30 agencies or instrumentalities, and Inc. (the ‘‘Vanguard Group’’ or registered management investment satisfying the uniform standards set by ‘‘Vanguard’’). companies that currently offer shares in the Funds for such investments) that over 90 portfolios. Each Fund is RELEVANT ACT SECTION: Order requested have remaining maturities of up to 60 registered as an open-end management under section 17(d) of the Act and rule days (collectively, ‘‘Short-Term Money investment company, except for Gemini 17d–1 thereunder. Market Securities’’) and (c) invest in II, Inc., which is registered as a closed- repurchase agreements with maturities SUMMARY OF APPLICATION: Applicants end investment company. Applicants of up to 60 days. seek to amend an existing order (the request that any relief granted pursuant 5. If a tax-exempt money market fund ‘‘Existing Order’’) that permitted to the application also apply to any contributes cash to a Joint Account, the applicants to operate a joint account other investment companies or cash only will be invested in securities that invests solely in repurchase portfolios thereof which are or may that qualify for purchase by a tax- agreements of seven days or less.1 The become members of the Vanguard exempt money market fund under rule amended order would permit applicants Group of Investment Companies or for 2a–7 under the Act, as it may be to deposit uninvested cash into one or which Vanguard provides advisory or amended from time to time. more joint accounts authorized to invest distribution services. 6. The VRDNs include short-term tax- in repurchase agreements with 2. The Vanguard Group, a wholly and exempt demand obligations that have a maturities of up to 60 days as well as jointly owned subsidiary of its member variable or floating interest rate and an other short-term investments. Funds, and a registered investment unconditional right to demand payment FILING DATES: The application was filed adviser and transfer agent, provides of the unpaid principal and accrued on July 11, 1996, and amended on corporate management, administrative, interest within 30 days or one month. 1 Wellington Fund, Inc., et al., Investment transfer agent, and distribution services The variable or floating rate features of Company Act Release Nos. 15605 (March 5, 1987) to the Funds on a at-cost basis pursuant the VRDNs provide for the readjustment (notice) and 15653 (March 31, 1987) (order). to an agreement approved by of the interest rate to a rate then Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54471 prevailing for similar instruments so meaning of section 17(d). In addition, a ‘‘Eligible Securities’’ within the that such securities reasonably can be proposed Joint Account could be meaning of rule 2a–7 under the Act expected to maintain a market value deemed to be a ‘‘joint enterprise or other which have remaining maturities of up that approximates the par value of the joint arrangement’’ within the meaning to 60 days, and (c) repurchase notes. of rule 17d–1. agreements with maturities of up to 60 7. Vanguard’s investment 3. Applicants believe that the days ‘‘collateralized fully,’’ as defined in management staff is responsible for proposed amendments to the method of rule 2a–7 under the Act, by U.S. negotiating the terms of the repurchase operating the Joint Account will not Government Securities. agreements. In connection with the use result in any conflicts of interest 3. Any investment made by a Fund or of repurchase transactions collateralized between any of the Funds or between Funds through the Joint Account will by U.S. Government Securities, each of the Funds and Vanguard or a Fund’s satisfy the investment criteria of all the Funds has established the same adviser. Although an adviser will realize Funds participating in that investment. systems and standards. These include some benefits through administrative 4. All investments held by a Fund or quality standards for issuers of convenience and some possible Funds through the Joint Account would repurchase agreements and for reduction in clerical costs, the Funds be valued on the basis of amortized cost collateral, and requirements that the will be the primary beneficiaries to the extent permitted by applicable repurchase agreements will be because the Joint Accounts may result SEC release, rule or order. collateralized fully, as defined in rule in higher returns and would be a more 5. Each Fund valuing its net assets in 2a–7 under the Act. Any joint efficient means of administering daily reliance upon rule 2a–7 under the Act repurchase agreement transaction will cash investments. Applicants believe will use the average maturity of the be effected in accordance with that the operation of the Joint Account instrument(s) in the Joint Account in Investment Company Act Release No. will be free of any inherent bias favoring which such Fund has an interest 13005 (Feb. 2, 1983) and with any other one Fund over another. (determined on a dollar weighted basis) existing and future positions taken by 4. Applicants also believe that the for the purpose of computing the Fund’s the SEC in any release proposing, future participation in the Joint Account average portfolio maturity with respect reproposing, or adopting any new rule by one or more Funds that do not to the portion of its assets held in the or any amendments to any existing rule. presently exist would be desirable Joint Account on that day. 8. Each Fund will automatically without the necessity of applying for an 6. In order to assure that there will be transfer its uninvested cash remaining amendment of the requested order. no opportunity for one Fund to use any after the conclusion of its daily trading Applicants represent that additional part of a balance of the Joint Account activity into the Joint Account. The Funds will only be permitted to credited to another Fund, no one Fund officers and employees of Vanguard, or participate in the Joint Account on the will be allowed to create a negative the investment adviser of each Fund same terms and conditions as the balance in the Joint Account for any will determine whether to invest a existing Funds. reason. A Fund’s decision to invest in Fund’s assets in repurchase agreements, the Joint Account will be solely at the Applicants’ Conditions Tax-Exempt Securities, or Short-Term Fund’s option. A Fund will not be Money Market Securities (collectively, Applicants will comply with the obligated to invest in the Joint Account ‘‘Short-Term Investments’’). Each Fund following as conditions to any order nor to maintain any minimum balance. will be able to invest in Short-Term granted by the SEC: A Fund will be permitted to withdraw Investments through a Joint Account if 1. The Joint Account will not be all, or a portion, of its investment in the such investment is consistent with the distinguishable from any other accounts Joint Account at any time. In addition, Fund’s investment objectives and maintained by a Fund with its custodian a Fund will retain the sole rights of policies. The transactions entered into bank or a designated sub-custodian bank ownership of any of its assets, including on behalf of a Joint Account will be except that monies from the Fund will any interest payable on such assets recorded and monitored following the be deposited in it on a commingled invested in the Joint Account. same procedures set forth in the basis. The Joint Account will not have 7. Each Fund and the custodian for Existing Order. Each portfolio manager any separate existence which will have each Fund will maintain records (in would have the discretion whether to indicia of a separate legal entity. The conformity with section 31 of the Act invest a Fund’s cash in the securities sole function of the Joint Account will and the rules and regulations purchased by the Joint Account or to be to provide a convenient way of thereunder) documenting, for any given separately invest cash on an individual aggregating what otherwise will be one day, each Fund’s aggregate investment Fund basis in appropriate short-term or more individual daily transactions for in the Joint Account and each Fund’s investments given a Fund’s investment each Fund necessary to manage the pro rata share of each Short-Term limitations. daily uninvested cash balances of each Investment made through the Joint Fund. Account. Applicants’ Legal Analysis 2. Cash contributed by a Fund to the 8. Not every Fund participating in the 1. Section 17(d) of the Act and rule Joint Account will be invested in one or Joint Account will necessarily have its 17d–1 thereunder prohibit an affiliated more of the following, as directed by the cash invested in every Short-Term person of a registered investment Fund: (a)(1) Tax-exempt variable rate Investment held in the Joint Account. company from participating in any joint demand notes (‘‘VRDNs’’) with demand However, to the extent a Fund’s cash is enterprise or arrangement in which such features providing for maturities of up applied to particular Short-Term investment company is a participant, to 30 days or one month and (2) Investments made through the Joint without an SEC order. securities (other than VRNDs) exempt Account, the Fund will participate in 2. Each Fund, by participating in the from federal and/or state income tax and own a proportionate share of such proposed Joint Accounts, as proposed to with remaining maturities of up to 60 investment, and the income earned or be modified, and Vanguard, by days, (b) commercial paper, certificates accrued thereon, based upon the managing the proposed Joint Accounts, of deposit, other non-government percentage of such investment could be deemed to be ‘‘joint money market securities, and U.S purchased with monies contributed by participants’’ in a transaction within the Government Securities that constitute the Fund. 54472 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

9. Vanguard will administer the management investment company hereby given that on October 3, 1996, investment of cash balances in and registered under the Act, subject to the the Cincinnati Stock Exchange (‘‘CSE’’ operation of the Joint Account without restriction that the Fund may not invest or ‘‘Exchange’’) filed with the Securities payment of any additional fee or more than 15% (or such other and Exchange Commission compensation. The investment adviser percentages as set forth by the SEC from (‘‘Commission’’) the proposed rule of each Fund will collect its fees based time to time) of its net assets in illiquid change as described in Items I, II, and upon the assets of the Fund, which securities, if the Fund cannot sell its III below, which Items have been include the value of any assets the Fund fractional interest in the Short-Term prepared by the self-regulatory has invested in the Joint Account. Investment pursuant to the organization. The Commission is 10. The Board of Directors (Trustees) requirements described in the preceding publishing this notice to solicit of each Fund will adopt procedures condition. comments on the proposed rule change pursuant to which the Joint Account For the SEC, by the Division of Investment from interested persons. will operate, which will be reasonably Management, pursuant to delegated designed to provide that the I. Self-Regulatory Organization’s authority. Statement of the Terms of Substance of requirements of the application will be Margaret H. McFarland, met. Each Board will make and approve the Proposed Rule Change Deputy Secretary. such changes as it deems necessary to The CSE hereby proposes to issue a ensure that such procedures are [FR Doc. 96–26712 Filed 10–17–96; 8:45 am] reiteration and clarification of its rules followed. In addition, the Boards will BILLING CODE 8010±01±M concerning dealer obligations to provide determine, no less frequently than continuous, two-sided quotations. annually, that the Joint Account has Members will be notified of this Sunshine Act Meeting been operated in accordance with such reiteration and clarification by means of procedures and will only permit a Fund ``FEDERAL REGISTER'' CITATION OF a Regulatory Circular (‘‘Circular’’).1 to continue to participate in a Joint PREVIOUS ANNOUNCEMENT: [To be II. Self-Regulatory Organization’s Account if it determines that there is a Published]. Statement of the Purpose of, and reasonable likelihood that the Fund and STATUS: Closed Meeting. Statutory Basis for, the Proposed Rule its shareholders will benefit from the PLACE: 450 Fifth Street, N.W., Change Fund’s continued participation. Washington, D.C. 11. The administration of the Joint In its filing with the Commission, the DATE PREVIOUSLY ANNOUNCED: Account will be within the fidelity bond To be self-regulatory organization included coverage required by section 17(g) of the Published. statements concerning the purpose of Act and rule 17g–1 thereunder. CHANGE IN THE MEETING: Additional Item. and basis for the proposed rule change 12. Short-Term Investments held The following item will be considered and discussed any comments it received through the Joint Account generally will at a closed meeting scheduled to be held on the proposed rule change. The text not be sold prior to maturity except: (a) on Wednesday, October 16, 1996, at of these statements may be examined at If the officers or employees of Vanguard 10:00 a.m.: the places specified in Item IV below. believe the security no longer presents Opinion. The self-regulatory organization has prepared summaries, set forth in minimal credit risk; (b) in the case of Commissioner Wallman, as duty Sections A, B, and C below, of the most taxable and tax-exempt securities, if as officer, determined that Commission significant aspects of such statements. a result of a credit downgrading or business required the above change and otherwise, the security no longer that no earlier notice thereof was A. Self-Regulatory Organization’s satisfies the investment criteria of all possible. Statement of the Purpose of, and Funds participating in that investment; At times, changes in Commission Statutory Basis for, the Proposed Rule or (c) in the case of a repurchase priorities require alterations in the Change agreement, if the counterparty defaults. scheduling of meeting items. For further 1. Purpose A Fund may, however, sell its fractional information and to ascertain what, if portion of a Short-Term Investment any, matters have been added, deleted The purpose of the proposed rule prior to the maturity of the investment or postponed, please contact: The Office change is to clarify the obligations of if the cost of such transaction will be of the Secretary (202) 942–7070. Designated Dealers to provide borne solely by the selling Fund and the continuous quotations during the transaction would not adversely affect Dated: October 16, 1996. trading day. The Circular to be the other Funds participating in the Jonathan G. Katz, disseminated following approval of the Short-Term Investment. In no case Secretary. proposal will provide guidance would an early termination by less than [FR Doc. 96–26928 Filed 10–16–96; 2:10 pm] concerning quotation obligations at the all participating Funds be permitted if it BILLING CODE 8010±01±M opening and intra-day, during computer would reduce the principal amount or systems problems and unusual market yield received by other funds conditions and will delineate participating in a particular Short-Term [Release No. 34±37811; File No. SR±CSE± 96±08] enforcement standards. It will reiterate Investment or otherwise adversely affect the obligations of a Designated Dealer to the other participating Funds. Each Self-Regulatory Organizations; Notice display a two-sided quotation Fund participating in the Short-Term of Filing of Proposed Rule Change by immediately following the opening of Investment will be deemed to have the Cincinnati Stock Exchange the security on the primary market, and consented to such sale and partition of Relating to Continuous or Regular immediately to reestablish a quotation if the Short-Term Investment. Quotation Obligations that quotation is taken out during the 13. Any Short-Term Investment held day as a result of a transaction. The through the Joint Account with a October 11, 1996. Exchange will thus reemphasize the remaining maturity of more than seven Pursuant to Section 19(b)(1) of the days will be considered illiquid and, for Securities Exchange Act of 1934 1 The text of the Circular may be examined at the any Fund that is an open-end (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is places specified in Item IV, infra. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54473 need for Designated Dealers to maintain IV. Solicitation of Comments the Federal Register on October 9, 3 continuous, two-sided quotations Interested persons are invited to 1996. The amendment is described in throughout the trading day. submit written data, views, and Items I, II, and III below, which items The Circular will specify the arguments concerning the foregoing. have been prepared primarily by DTC. notification procedures to be followed Persons making written submissions The Commission is publishing this in the event of a computer system should file six copies thereof with the notice to solicit comments on the problem that prevents a member firm Secretary, Securities and Exchange proposed rule change from interested from providing a continuous two-sided Commission, 450 Fifth Street, N.W., persons. quotation. Frequent systems problems Washington, D.C. 20549. Copies of the may result in deregistration in certain I. Self-Regulatory Organization’s submission, all subsequent issues, or otherwise impact a dealer’s Statement of the Terms of Substance of amendments, all written statements status. In addition, the existence of the Proposed Rule Change with respect to the proposed rule unusual market conditions will not change that are filed with the exempt a dealer from its continuous The purpose of the amendment to the Commission, and all written quotation obligations. Finally, the proposed rule change is to delete the communications relating to the Circular will place members on notice requirement that limited participants proposed rule change between the that they will be informed of their accept dividend reinvestment Commission and any person, other than compliance status at least quarterly, and instructions from DTC on DRS eligible those that may be withheld from the will set forth possible sanctions securities that offer dividend resulting from non-compliance. public in accordance with the provisions of 5 U.S.C. 552, will be reinvestment plans. 2. Statutory Basis available for inspection and copying at II. Self-Regulatory Organization’s The Exchange believes that the the Commission’s Public Reference Statement of the Purpose of, and proposed rule change is consistent with Section, 450 Fifth Street, N.W., Statutory Basis for, the Proposed Rule Section 6 of the Act 2 in general and Washington, D.C. 20549. Copies of such Change Section 6(b)(5) of the Act in particular filing will also be available for in that it is designed to promote just and inspection and copying at the principal In its filing with the Commission, equitable principals of trade and to office of the Exchange. All submissions DTC included statements concerning remove impediments to and perfect the should refer to File No. SR–CSE–96–08 the purpose of and basis for the mechanism of a free and open market and should be submitted by November proposed rule change and discussed any and a national market system, and, in 8, 1996. comments it received on the proposed general, to protect investors and the For the Commission, by the Division of rule change. The text of these statements public interest. Market Regulation, pursuant to delegated may be examined at the places specified authority. B. Self-Regulatory Organization’s in Item IV below. DTC has prepared Margaret H. McFarland, Statement on Burden on Competition summaries, set forth in sections (A), (B), Deputy Secretary. and (C) below, of the most significant The CSE does not believe that the [FR Doc. 96–26785 Filed 10–17–96; 8:45 am] aspects of such statements.4 proposed rule change will impose any BILLING CODE 8010±01±M burden on competition that is (A) Self-Regulatory Organization’s unnecessary or inappropriate in Statement of the Purpose of, and furtherance of the purposes of the Act. [Release No. 34±37800; File No. SR±DTC± Statutory Basis for, the Proposed Rule 96±15] C. Self-Regulatory Organization’s Change Statement on Comments on the Self-Regulatory Organizations; The The purpose of the amendment of the Proposed Rule Change Received From Depository Trust Company; Notice of proposed rule change is to delete a Members, Participants, or Others Filing of an Amendment to a Proposed requirement that in order to participate Written comments were neither Rule Change Relating to the in the DRS program that any DRS issue solicited nor received with respect to Procedures To Establish a Direct with a dividend reinvestment plan must the proposed rule change. Registration System be open to street-name holders. The III. Date of Effectiveness of the October 9, 1996. amendment also modifies the Limited Proposed Rule Change and Timing for On September 17, 1996, The Participant Account Agreement to Commission Action Depository Trust Company (‘‘DTC’’) reflect the change in requirements.5 Within 35 days of the publication of filed with the Securities and Exchange (B) Self-Regulatory Organization’s this notice in the Federal Register or Commission (‘‘Commission’’) the Statement on Burden on Competition within such longer period (i) as the proposed rule change (File No. SR– Commission may designate up to 90 DTC–96–15) pursuant to Section DTC perceives no impact on days of such date if it finds such longer 19(b)(1) of the Securities Exchange Act competition by reason of the proposed period to be appropriate and publishes of 1934 (‘‘Act’’) 1 relating to the rule change. its reasons for so finding or (ii) as to procedures to establish a direct which the self-regulatory organization registration system. On October 7, 1996, 3 consents, the Commission will: DTC filed an amendment to the Securities Exchange Act Release No. 37778 (October 3, 1996), 61 FR 52985. (A) By order approve the proposed proposed rule change.2 Notice of the proposed rule change was published in 4 The Commission has modified parts of these rule change, or statements. (B) Institute proceedings to determine 5 A complete description of the amended DRS 1 15 U.S.C. 78s(b)(1) (1988). whether the proposed rule change service may be found in the Important Notices 2 Letter from Larry Thompson, Senior Vice should be disapproved. President and Deputy General Counsel, DTC, to issued by DTC on the implementation of a DRS, Jerry Carpenter, Assistant Director, Division of which are attached as Exhibit A and Exhibit B. 2 15 U.S.C. 78f(b). Market Regulation. Commission (October 7, 1996). Important Notice B# 1811–96 (October 7, 1996) and Important Notice B# 1841–96 (October 7, 1996). 54474 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

(C) Self-Regulatory Organization’s For the Commission by the Division of processed and will drop since no DRS Statement on Comments on the Market Regulation, pursuant to delegated indicator has been provided. DRS WTs Proposed Rule Change Received From authority. would then have to be processed over PTS Margaret H. McFarland, until the Participant’s new CCF formats are Members, Participants or Others in place. All DRS WT’s that drop will be Deputy Secretary. carefully monitored, and the Participant will Although DTC did not solicit be contacted by a Participant Services comments on DRS, over the last two Exhibit A—The Depository Trust Company Important Notice, DRS Alert representative regarding follow-up on these years, a joint committee of items. representatives of the Securities October 7, 1996. When a Participant’s customer requests a Transfer Association, the Securities B#: 1811–96 DRS position, a DRS ‘‘transaction advice’’ Industry Association, the Corporate To: All Participants will be mailed directly by the agent to the Attention: Managing Partner/Officer, Cashier, customer. The transfer agent’s fee of 55¢ for Transfer Agents Association, and the Transfer Manager mailing and handling the DRS transaction depositories had met and agreed on the Subject: Implementation of a Direct advice will be charged back to the Participant features of DRS. Registration System directly by DTC, similar to the Direct Mail process. DTC will then receive an automated III. Date of Effectiveness of the In July DTC advised Participants (reference Important Notice #1368–96 dated July 15, confirmation from the agent that the DRS Proposed Rule Change and Timing for 1996) to plan for the implementation of a transaction advice has been process and Commission Action Direct Registration System (DRS) scheduled mailed. Participants can access this to pilot in November. Under DRS, Investors information through their normal DMA Within thirty-five days of the date of electing to have their ownership of securities return files (CCF, PTS, or hard copy). publication of this notice in the Federal registered on the issuer’s records would be Participants not currently using the Direct Register or within such longer period (i) offered a choice between a registered Mail service will need to consider as the Commission may designate up to certificate and a book-entry or ‘‘direct modifications to their procedures to monitor registration’’ position recorded on the books these advices as they are printed over the ninety days of such date if it finds such PTS network. longer period to be appropriate and of the issuer’s transfer agent. The DRS pilot is scheduled to begin on Investor-Directed Sale publishes its reasons for so finding or November 11. DTC expects to be able to (ii) as to which the self-regulatory announce the issue selected for the initial An investor who opted for a DRS position must contact the transfer agent to direct the organization consents, the Commission pilot next week. movement of the DRS position to its bank or will: Eligibility broker/dealer. Specifications for the changes (A) By order approve such proposed The DRS issues will be identified with to the delivery order record to reflect rule change or special indicators on the Eligible Corporate movement of a DRS position were released Securities File (ELISC and ELISCD) and the on August 20 with modifications made on (B) Institute proceedings to determine September 17. whether the proposed rule change Eligible Securities (CONI) Inquiry on PTS effective November 8, 1996. Specifications Preparing for Implementation should be disapproved. for the new indicators were released on Participants are urged to complete their August 20. IV. Solicitation of Comments final systems modifications to accommodate Transfers the DRS pilot scheduled to begin on Interested persons are invited to November 11. As mentioned previously, the Beginning November 11, all Withdrawal- pilot issues will be announced next week. submit written data, views, and by-Transfer (WT) requests on the DRS Issues DTC will be issuing weekly ‘‘updates’’ on arguments concerning the foregoing. made via PTS using function NWT1 or via the status of preparation for the DRS pilot Persons making written submissions computer-to-computer (CCF/CCFII) must from today through initial implementation. include the following: should file six copies thereof with the In addition, Participant Services fl a DRS indicator (permissible values are Secretary, Securities and Exchange representatives will be contacting those ‘‘C’’ if the investor wants a certificate issued, Commission, 450 Fifth Street, N.W., Participants submitting significant numbers ‘‘S’’ if the investor is choosing to have a DRS Washington, D.C. 20549. Copies of the of WT instructions to ensure their position established, ‘‘Y’’ if the instruction preparedness. submission, all subsequent represents a third-party transfer for a DRS amendments, all written statements Please direct your questions to Al DeMalo, position, or ‘‘X’’ if the Participant is reversing Director of Operations, at (212) 898–3171, the with respect to the proposed rule a previously established DRS position), undersigned at (516) 227–4004, or your change that are filed with the fl the Participant’s account number for Participant Services representative. this customer (required if the value of the Commission, and all written Ronald J. Burns, communications relating to the DRS indicator is ‘‘S’’ or ‘‘Y’’), and fl the Participant’s or correspondent’s Vice President, Operations. proposed rule change between the name (required if the value of the DRS Commission and any person, other than Exhibit B—The Depository Trust Company, indicator is ‘‘S’’ or ‘‘Y’’). Important those that may be withheld from the Specifications for the new WT input record public in accordance with the were released on August 20. The new PTS October 7, 1996. provisions of 5 U.S.C. 552, will be input screen on the NWT1 function will be B#: 1841–96 available for inspection and copying in available in early November before the start To: All Participants Attention: Managing Partner/Officer, Cashier, the Commission’s Public Reference of the DRS pilot. Participants submitting WT requests prior to cut-off time on Friday, Transfer Manager Room in Washington, D.C. Copies of November 8, for normal processing on Subject: Direct Registration System such filing will also be available for Monday, November 11, for the pilot issues Amendment inspection and copying at the principal should not submit these WTs until Monday, The Direct Registration System (DRS) will office of DTC. All submissions should November 11, to avoid drops due to a permit issuers of securities to elect to create refer to the file number SR–DTC–96–15 missing DRS indicator. a DRS Program under which investors and should be submitted by November It should be noted that if a Participant has seeking to be registered on the books of an not made the new CCF changes to issuer or transfer agent would be offered the 8, 1996. accommodate DRS, DTC will continue to option of having their ownership reflected in accept the current format and process non- a DRS position (essentially a ‘‘book share’’ DRS WTs. However, DRS WTs will not be position), rather than through the issuance of Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54475 a physical securities certificate. Under the amendment to the proposed rule laws are being revised to permit structure for DRS developed by a joint change.2 The Commission is publishing Managing Directors, rather than Vice committee of representatives of the Securities this notice to solicit comments on the Presidents, to call special meetings, to Industry Association, the Securities Transfer proposed rule change from interested serve as presiding officers of meetings, Association, and the Corporate Transfer Agents Association, issuers or transfer agents persons. and to sign GSCC’s share certificates. GSCC’s rules are being amended to desiring to establish a DRS Program and I. Self-Regulatory Organization’s meeting certain criteria would become DRS authorize Managing Directors to act in Statement of the Terms of Substance of those instances where First Vice ‘‘Limited Participants’’ at DTC (see Important the Proposed Rule Change Notice B#1368–96). Presidents, Senior Vice Presidents, or In connection with certain recent actions The proposed rule change will revise Executive Vice Presidents were formerly by the New York Stock Exchange to amend GSCC’s by-laws and rules to replace the authorized to take certain actions. the Exchange’s listing standards as they titles of ‘‘First Vice President,’’ ‘‘Senior Specifically, Rule 22, Suspension of apply to DRS issues, DTC is amending the Vice President,’’ and ‘‘Executive Vice Rules, is being amended to allow any criteria which must be met by entities President’’ with the new title of wishing to become DRS Limited Participants officer having a rank of Managing at DTC. Under the original criteria as recently ‘‘Managing Director.’’ Director or higher, instead of any officer filed for approval with the SEC, transfer II. Self-Regulatory Organization’s to extend, waive, or suspend time 5 agents or issuers seeking admission to DTC Statement of the Purpose of, and requirements fixed by GSCC’s rules. as Limited Participants for the purpose of Statutory Basis for, the Proposed Rule Rule 23, Action by the Corporation, is participating in DRS are required to, among Change being revised to allow only officers other things, accept dividend reinvestment having a rank of Managing Directors or instructions from DTC on DRS issues which In its filing with the Commission, higher to act for GSCC. offer Dividend Reinvestment Plans. DTC will GSCC included statements concerning The proposed rule change is no longer require those seeking DRS Limited the purpose of and basis for the Participant status to meet this requirement as consistent with the requirements of proposed rule change and discussed any Section 17A of the Act 6 in that it makes a condition precedent to membership. comments it received on the proposed Nevertheless, DTC continues to believe technical modifications to GSCC’s by- that the issue of ‘‘open access’’ to issuers’ rule change. The text of these statements laws and rules so that they coincide Dividend Reinvestment Plans for investors may be examined at the places specified with GSCC’s new internal management holding their positions through the in Item IV below. GSCC has prepared structure. depository is a significant one. The current summaries, set forth in sections (A), (B), exclusion of these investors by some issuers’ and (C) below, of the most significant (B) Self-Regulatory Organization’s plans is inappropriate and conflicts directly aspects of such statements.3 Statement on Burden on Competition with the industry’s efforts to promote GSCC does not believe that the efficient clearance and settlement practices. (A) Self-Regulatory Organization’s DTC will continue to press the SEC and Statement of the Purpose of, and proposed rule change will impact or issuers to make Dividend Reinvestment Plans Statutory Basis for, the Proposed Rule impose a burden on competition. available to all investors without regard to Change (C) Self-Regulatory Organization’s the form in which securities are held, working with others in the industry to In order to conform GSCC’s Statement on Comments on the achieve this important objective. management structure with that of its Proposed Rule Change Received From Please direct your questions to the members, GSCC has created a new title, Members, Participants, or Others undersigned at (516) 227–4004. ‘‘Managing Director,’’ in lieu of the titles Written comments relating to the Ronald J. Burns, ‘‘First Vice President,’’ ‘‘Senior Vice proposed rule change have not yet been Vice President, Operations. President,’’ and ‘‘Executive Vice solicited or received. Members will be [FR Doc. 96–26715 Filed 10–17–96; 8:45 am] President.’’ The purpose of this rule notified of the rule change filing and change is to modify GSCC’s rules and BILLING CODE 8010±01±M comments will be solicited by an by-laws to accommodate this change. Important Notice. GSCC will notify the Article III, Section 3.1 of GSCC’s by- Commission of any written comments [Release No. 34±37806; File No. SR±GSCC± laws is being amended to establish the received by it. 96±10] position of Managing Director as an officer of GSCC. Similarly, the III. Date of Effectiveness of the Self-Regulatory Organizations; definition of ‘‘Officer of the Proposed Rule Change and Timing for Government Securities Clearing Corporation’’ contained in Rule 1 is Commission Action Corporation; Notice of Filing and being amended to replace First Vice The foregoing rule change has become Immediate Effectiveness of a Proposed President, Executive Vice President, and effective pursuant to Section Rule Change Relating to Substitution Senior Vice President with Managing 19(b)(3)(A)(iii) of the Act 7 and Rule of Officer Titles Director. Article III, Section 3.5, which 19b–4(e)(3) 8 thereunder in that the October 10, 1996. describes the powers and duties of Vice proposed rule change is concerned Pursuant to Section 19(b)(1) of the Presidents, is being revised to establish solely with the administration of GSCC. Securities Exchange Act of 1934 the powers and duties in Managing At any time within sixty days after the (‘‘Act’’),1 notice is hereby given that on Directors that currently exists in Vice filing of such rule change, the 4 September 19, 1996, the Government Presidents. Article I, Sections 1.2 and Commission may summarily abrogate Securities Clearing Corporation 1.8 and Article V, Section 5.1 of the by- such rule change if it appears to the (‘‘GSCC’’) filed with the Securities and Commission that such action is 2 Letter from Karen Walraven, Vice President and Exchange Commission (‘‘Commission’’) Associate Counsel, GSCC, to Jerry W. Carpenter, the proposed rule change as described Assistant Director, Division of Market Regulation, 5 Pursuant to the definition of officer of GSCC, the in Items I, II, and III below, which items Commission (September 27, 1996). positions of Chairman of the Board, Vice Chairman 3 The Commission has modified such summaries. of the Board, and President have a higher rank than have been prepared primarily by GSCC. Managing Director. 4 In the absence or inability of the President to 6 On September 30, 1996, GSCC filed an act, Section 3.5 is amended to replace Vice 15 U.S.C. 78q–1 (1988). President with Managing Director as that officer 7 15 U.S.C. 78s(b)(3)(A)(iii) (1988). 1 15 U.S.C. 78s(b)(1) (1988). who is to act in place of the President. 8 17 CFR 240.19b–4(e)(3) (1996). 54476 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices necessary or appropriate in the public I. Self-Regulatory Organization’s (A) Self-Regulatory Organization’s interest, for the protection of investors, Statement of the Terms of Substance of Statement of the Purpose of, and or otherwise in furtherance of the the Proposed Rule Change Statutory Basis for, the Proposed Rule purposes of the Act. Currently, the NYSE requires listed Change IV. Solicitation of Comments companies to mail stock certificates to The purpose of the proposed rule record holders for all distributions, such change is to rescind the NYSE’s policy Interested persons are invited to as stock splits, mergers, and spin-offs, of requiring listed companies to provide submit written data, views, and other than those relating to dividend registered holders with share certificates arguments concerning the foregoing. reinvestment plans (‘‘DRIPs’’) and for all stock distributions except for Persons making written submissions dividend reinvestment stock purchase DRIPs and DRSPPs. The NYSE is should file six copies thereof with the plans (‘‘DRSPPs’’). The NYSE proposes proposing to rescind this policy in light Secretary, Securities and Exchange to rescind this policy. Accordingly, of changes in the securities marketplace, Commission, 450 Fifth Street N.W., listed companies engaged in including the decreasing importance of Washington, D.C. 20549. Copies of the distributions will be permitted to offer physical certificates and the submission, all subsequent shareholders whose ownership of stock technological enhancements in the amendments, all written statements is directly registered with them or their automation of stock ownership records. with respect to the proposed rule transfer agents the choice of receiving The NYSE also is acting in response to change that are filed with the either certificates or account statements. the DRS proposal of DTC. Commission, and all written The NYSE is proposing to rescind the With respect to changes in the communications relating to the current policy due to the decreasing marketplace, a declining number of proposed rule change between the importance of physical certificates, the shareholders hold stock certificates. Commission and any person, other than technological enhancements in the Approximately seventy percent to those that may be withheld from the automation of stock ownership records, eighty percent to all outstanding shares public in accordance with the and a recent rule filing by The of issuers are held in ‘‘street’’ name provisions of 5 U.S.C. 552, will be Depository Trust Company (‘‘DTC’’) whereby investors place their securities available for inspection and copying in proposing to commence an electronic with a broker-dealer or bank, which the Commission’s Public Reference ‘‘direct registration system’’ (‘‘DRS’’).2 registers the securities in its own name Section, 450 Fifth Street N.W., DRS will provide a linkage between as nominee. Investors receive account Washington, D.C. 20549. Copies of such transfer agents, broker-dealers, and DTC statements evidencing their securities filing will also be available for and will allow an investor to move a positions. inspection and copying at the principal stock position from a transfer agent to a In addition, a growing number of office of GSCC. All submissions should broker-dealer in connection with a sale investors hold securities through direct refer to File No. SR–GSCC–96–10 and of that stock. As a condition to offering registration in their own names on the should be submitted by November 8, an issuer the choice of sending investors shareholder register but without 1996. certificates or account statements for receiving certificates. Such investors For the Commission by the Division of distribution other than DRIPs and receive account statements from the Market Regulation, pursuant to delegated DRSPPs, the proposed rule change issuer or its transfer agent. A major authority. would require the issuer to include its source of such holdings are DRIPs and Margaret H. McFarland, stock in a DRS. Such a DRS must be DRSPPs with at least one thousand Deputy Secretary. operated by a registered clearing agency public companies are offering these [FR Doc. 96–26716 Filed 10–17–96; 8:45 am] and must be available for exchange- plans. BILLING CODE 8010±01±M traded stock. Permitting listed companies, in effect, to offer their registered holders account II. Self-Regulatory Organization’s statements in lieu of certificates is Statement of the Purpose of, and consistent with technological [Release No. 34±37809; File No. SR±NYSE± Statutory Basis for, the Proposed Rule 96±29] advancements in account management Change systems. Today, corporate issuers or Self-Regulatory Organizations; New In its filing with the Commission, their transfer agents maintain automated York Stock Exchange Inc.; Notice of NYSE included statements concerning systems for recording stock ownership. Filing of Proposed Rule Change the purpose of and basis for the The NYSE believes that registered Relating to Stock Distributions proposed rule change and discussed any holders should benefit from this comments it received on the proposed automation and have the opportunity to October 10, 1996. rule change. The text of these statements forego certificates. This follows the Pursuant to Section 19(b)(1) of the may be examined at the places specified practice in other securities markets Securities Exchange Act of 1934 in Item IV below. NYSE has prepared where account statements are already (‘‘Act’’),1 notice is hereby given that on summaries, set forth in sections (A), (B), commonplace, as in the case of October 10, 1996, the New York Stock and (C) below, of the most significant securities issued by open-ended Exchange Inc. (‘‘NYSE’’) filed with the aspects of such statements.3 investment companies and by the U.S. Securities and Exchange Commission Treasury Department. (‘‘Commission’’) the proposed rule 2 In its original filing, DTC proposed that DRS be Repealing the policy also is consistent change as described in Items I, II, and available only for issuers that, among other things, with DRS. DRS will allow investors allows investors holding stock in ‘‘street’’ or III below, which items have been nominee name to participate in a company’s DRIP. whose share ownership is recorded prepared primarily by NYSE. The Securities Exchange Act Release No. 37778 (October directly on the issuer’s register the Commission is publishing this notice to 3, 1996), 61 FR 52985. In an amendment to the ability to transfer their stock positions solicit comments on the proposed rule filing, DTC deleted that eligibility requirement. electronically to a bank or broker-dealer Securities Exchange Act Release No. 37800 (October change from interested persons. 9, 1996). in connection with a sale. DRS, which 3 The Commission has modified parts of these will begin with a pilot program later this 1 15 U.S.C. 78s(b)(1) (1988). statements. year, is the result of two year’s work. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54477

Participating in these efforts were comments from members or other [Release No. 34±37812; File No. SR±NYSE± representatives of the Securities interested parties. 96±28] Transfer Association, Securities Industry Association, and the Corporate III. Date of Effectiveness of the Self-Regulatory Organizations; Notice Transfer Association. Proposed Rule Change and Timing for of Filing and Immediate Effectiveness of Proposed Rule Change by the New DRS will provide significant Commission Action York Stock Exchange, Inc. Relating to efficiencies in the processing of Within thirty-five days of the date of Six-Month Extension of Pilot Program securities. In particular, it will facilitate publication of this notice in the Federal to Display Price Improvement on the the ability of a registered holder to Register or within such longer period (i) Execution Report Sent to the Entering deliver stock in time to settle a sale as the Commission may designate up to Firm within the required three business days. ninety days of such date if it finds such More generally, it will limit the need for longer period to be appropriate and October 11, 1996. the physical transfer of paper Pursuant to Section 19(b)(1) of the certificates and thus will reduce risks, publishes its reasons for so finding or (ii) as to which the self-regulatory Securities Exchange Act of 1934 delays, and costs in the clearance and (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is settlement process. For these reasons, organization consents, the Commission will: hereby given that on October 8, 1996, the NYSE is proposing that as a the New York Stock Exchange, condition to a listed company being able (A) By order approve such proposed Incorporated (‘‘NYSE’’ or ‘‘Exchange’’) to offer registered holders the rule change or filed with the Securities and Exchange opportunity to receive account (B) Institute proceedings to determine Commission (‘‘Commission’’) the statements in lieu of stock certificates whether the proposed rule change proposed rule change as described in for distributions other than DRIPs and should be disapproved. Items I, II, and III below, which Items DRSPPs the company must include its have been prepared by the self- stock in an available DRS. IV. Solicitation of Comments regulatory organization. The Following the pilot period for DTC’s Commission is publishing this notice to Interested persons are invited to DRS, the NYSE expects that DTC will solicit comments on the proposed rule submit written data, views, and expand DRS so that it will be available change from interested persons. to all NYSE-listed companies. A listed arguments concerning the foregoing. company would need to take steps to Persons making written submissions I. Self-Regulatory Organization’s meet all eligibility standards for a DRS. should file six copies thereof with the Statement of the Terms of Substance of For DTC’s proposed system this Secretary, Securities and Exchange the Proposed Rule Change includes the requirement that the Commission, 450 Fifth Street, N.W., The proposed rule change extends for company have a transfer agent that Washington, D.C. 20549. Copies of the six months (until April 24, 1997) the participates in DTC’s Fast Automated submission, all subsequent pilot program most recently extended in Transfer (‘‘FAST’’) program. amendments, all written statements Securities Exchange Act Release No. The proposed rule change is with respect to the proposed rule 37151 (April 29, 1996), 61 FR 20302 consistent with the requirements of the change that are filed with the (May 6, 1996) (File No. SR–NYSE–96– Act under Section 6(b)(5) 4 in that an Commission, and all written 10) (extending pilot until October 24, exchange have rules that are designed to communications relating to the 1996.) 1 This is a program to calculate prevent fraudulent and manipulative proposed rule change between the and display, on the execution reports acts and practices, to promote just and Commission and any person, other than sent to member firms, the dollar equitable principles of trade, to foster those that may be withheld from the amounts realized as savings to their cooperation and coordination with public in accordance with the customers as a result of price persons engaged in regulating, clearing, provisions of 5 U.S.C. 552, will be improvement in the execution of their settling, processing information with available for inspection and copying in orders on the Exchange. respect to, and facilitating transactions the Commission’s Public Reference in securities, to remove impediments to II. Self-Regulatory Organization’s Room in Washington, D.C. Copies of and perfect the mechanism of a free and Statement of the Purpose of, and such filing will also be available for open market and a national market Statutory Basis for, the Proposed Rule system, and in general to protect inspection and copying at the principal Change office of NYSE. All submissions should investors and the public interest. In its filing with the Commission, the refer to the file number SR–NYSE–96– self-regulatory organization included (B) Self-Regulatory Organization’s 29 and should be submitted by Statement on Burden on Competition statements concerning the purpose of November 8, 1996. and basis for the proposed rule change NYSE perceives no impact on For the Commission by the Division of and discussed any comments it received competition by reason of the proposed Market Regulation, pursuant to delegated on the proposed rule change. The text rule change. authority. of these statements may be examined at (C) Self-Regulatory Organization’s Margaret H. McFarland, the places specified in Item IV below. Statement on Comments on the Deputy Secretary. The self-regulatory organization has Proposed Rule Change Received From [FR Doc. 96–26782 Filed 10–17–96; 8:45 am] prepared summaries, set forth in Members, Participants or Others Sections A, B, and C below, of the most BILLING CODE 8010±01±M significant aspects of such statements. The NYSE has not solicited and does not intend to solicit comments on this 1 This program was originally filed as a pilot in proposed rule change. The NYSE has Securities Exchange Act Release Nos. 36421 not received any unsolicited written (October 26, 1995), 60 FR 55625 (November 1, 1995) (File No. SR–NYSE–95–35) and 36489 (November 16, 1995), 60 FR 58123 (November 24, 1995) (File 4 15 U.S.C. 78f (1988). No. SR–NYSE–95–37). 54478 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

A. Self-Regulatory Organization’s Data from the operation of the pilot the protection of investors or the public Statement of the Purpose of, and during the first eight months of 1996 interest; (ii) does not impose any Statutory Basis for, the Proposed Rule show price improvement on 26.3% of significant burden on competitions; and Change the execution reports for eligible post- (iii) does not have the effect of limiting opening market orders entered on the access to or availability of any Exchange 1. Purpose Exchange. The Exchange believes that order entry or trading system, the The purpose of this proposed rule the NYSE PRIME enhances the extension of the NYSE PRIME program change is to extend for six months a information made available to investors has become effective pursuant to pilot program for calculating and and improves their understanding of the Section 19(b)(3)(A) of the Act 7 and displaying, on execution reports sent to auction market. subparagraph (e)(5) of Rule 19b–4 member firms entering orders, the dollar The most recent extension of the thereunder.8 At any time within 60 days value saved by their customers as a NYSE PRIME pilot program began on of the filing of such proposed rule result of price improvement of orders April 24, 1996 and continues until change, the Commission may summarily executed on the Exchange. The program October 24, 1996. The proposed rule abrogate such rule change if it appears does not in any way affect the actual change extends the pilot program for an to the Commission that such action is execution of orders. The Exchange refers additional six months, to April 24, 1997. necessary or appropriate in the public to this calculated dollar savings as the interest, for the protection of investors, SM 2 2. Statutory Basis ‘‘NYSE PRIME .’’ or otherwise in furtherance of the NYSE PRIME is available to all The basis under the Act for this purposes of the Act. member organizations 3 for intra-day proposed rule change is the requirement IV. Solicitation of Comments market orders entered via the under Section 6(b)(5) 6 that an exchange Exchange’s SuperDOT system that are have rules that are designed to promote Interested persons are invited to not tick-sensitive and are entered from just and equitable principles of trade, to submit written data, views, and 4 off the Floor. In calculating the dollar remove impediments to and perfect the arguments concerning the foregoing. value of price improvement, NYSE mechanism of a free and open market Persons making written submissions PRIME utilizes the Best Pricing Quote and a national market system and, in should file six copies thereof with the (‘‘BPQ’’) as approved by the general, to protect investors and the Secretary, Securities and Exchange Commission in connection with the public interest. This proposed rule 5 Commission, 450 Fifth Street, NW., Exchange’s pricing of odd-lot orders. change is designed to perfect the Washington, DC 20549. Copies of the mechanism of a free and open market in submission, all subsequent 2 NYSE PRIME is a service mark of the New York Stock Exchange, Inc. that it enhances the information amendments, all written statements 3 The Commission notes that member provided to investors by displaying to with respect to the proposed rule organizations electing to receive NYSE PRIME them the dollar value of the price change that are filed with the information are required to enter into an agreement improvement their orders may have Commission, and all written with the Exchange regarding the use of NYSE received when executed on the NYSE. communications relating to the PRIME information and the NYSE PRIME service mark. Among other things, the agreement provides B. Self-Regulatory Organization’s proposed rule change between the that in any publication or use of NYSE PRIME Statement on Burden on Competition Commission and any person, other than information (unless the Exchange otherwise agrees), those that may be withheld from the the member organization must employ the NYSE The Exchange does not believe that public in accordance with the PRIME service mark. the proposed rule change will impose provisions of 5 U.S.C. 552, will be 4 Also excluded from the NYSE PRIME feature are any burden on competition that is not booth entered or booth routed orders, booked available for inspection and copying at orders, combination orders (e.g., switch orders) and necessary or appropriate in furtherance the Commission’s Public Reference orders diverted to sidecar. of the purposes of the Act. Section, 450 Fifth Street, NW., 5 See Securities Exchange Act Release No. 27981 C. Self-Regulatory Organization’s Washington, DC 20549. Copies of such (May 2, 1990), 55 FR 19407 (May 9, 1990) (File No. filing will also be available for SR–NYSE–90–06). The BPQ is the highest bid and Statement on Comments on the lowest offer, respectively, disseminated by the Proposed Rule Change Received From inspection and copying at the principal Exchange or another market center participating in Members, Participants or Others office of the Exchange. All submissions the Intermarket Trading System (‘‘ITS’’) at the time should refer to File No. SR–NYSE–96– the order is received by the Exchange. In order to The Exchange has neither solicited 28 and should be submitted by protect against the inclusion of incorrect or stale nor received any written comments on November 8, 1996. quotations in the BPQ, however, the Exchange the proposed rule change. includes quotations in a stock from other markets For the Commission, by the Division of only if: (1) the stock is included in ITS in that other III. Date of Effectiveness of the Market Regulation, pursuant to delegated market; (2) the quotation size is for more than 100 Proposed Rule Change and Timing for authority. shares; (3) the bid or offer is not more than one- quarter point away from the NYSE’s bid or offer; (4) Commission Action Margaret H. McFarland, the quotation conforms to NYSE Rule 62 governing Because the foregoing proposed rule Deputy Secretary. minimum variations; (5) the quotation does not [FR Doc. 96–26784 Filed 10–17–96; 8:45 am] create a locked or crossed market; (6) the market change: (i) Does not significantly affect disseminating the quotation is not experiencing BILLING CODE 8010±01±M operational or system problems with respect to the under the Act, 17 CFR 240.11Ac1–1, and the dissemination of quotation information; and, (7) the market’s rules. 7 15 U.S.C. 78s(b)(3)(A). quotation is ‘‘firm’’ pursuant to Rule 11Ac1–1 6 15 U.S.C. 78f(b)(5). 8 17 CFR 240.19b–4(e)(5). Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54479

[Release No. 34±37799; File No. SR±PSE± (a) [1] Admission to the Equities (b) [7] Allied Members shall be 96±30] Trading Floors shall be by badge only. considered visitors for the purposes of (b) [2] Members working on the this Advice. Self-Regulatory Organizations; Notice Equities Trading Floors who seek of Filing of Proposed Rule Change by (c) [8] The Floor Trading Committee admission to a Floor without a badge the Pacific Stock Exchange Members of each respective trading must identify themselves at the Incorporated Relating to the Use of floor may restrict the access of any reception desk and obtain a temporary Member Badges on, and the visitor to the Floor when the Committee badge. Admission of Visitors to, the Equity Members deem that the visitor’s Floors of the Exchange (c) [3] Exchange employees working presence interferes with orderly Floor on the Trading Floor who seek procedures. October 9, 1996. admission to the Floor without a badge A Member who is responsible for a Pursuant to Section 19(b)(1) of the must be identified by the appropriate violation of these provisions on the Securities Exchange Act of 1934 (‘‘Act’’) Equities Floor Manager, and issued a admission of visitors will be subject to and Rule 19b–4 thereunder, notice is temporary badge. the following fines: hereby given that on August 22, 1996, (d) [4] Member Firm employees 1st Offense $25.00 the Pacific Stock Exchange Incorporated working on the Trading Floor seeking (‘‘PSE’’ or ‘‘Exchange’’) filed with the admission to the Floor without a badge 2nd Offense $50.00 Securities and Exchange Commission must be identified by a Member with a 3rd Offense $100.00 (‘‘Commission’’ or ‘‘SEC’’) the proposed badge, and issued a temporary badge. Violations of this Advice 1–C shall be rule change as described in Items I, II (e) [5] Repeated failure of Members or cumulative and the number of offenses and III below, which Items have been Member Firm personnel to have a for a violation of Equity Floor Procedure prepared by the self-regulatory permanent badge on admission to the Advice 1–C shall be calculated on a organization. The Commission is Trading Floor may subject the Member twelve-month rotating basis. Therefore, publishing this notice to solicit or Member Firm to the following fines: a violation in January would be comments on the proposed rule change [a fine.] removed from the calculation in January from interested persons. 1st Offense [$10.00] $25.00 of the following year. I. Self-Regulatory Organization’s 2nd Offense [$25.00] $50.00 * * * * * Statement of the Terms of Substance of 3rd Offense [$50.00] $100.00 ¶6133 Minor Rule Plan the Proposed Rule Change (ii) Badge Transfers Rule 10.13 (a)–(h)—No change. The Pacific Stock Exchange (a) A Member may transfer his or her (i) Minor Rule Plan: Equity Floor Incorporated (‘‘PSE’’ or ‘‘Exchange’’) is membership privileges to another Decorum and Minor Trading Rule proposing to amend its Equity Floor Violations Procedure Advice (‘‘EFPA’’) 1–C person of the same Member Firm for one relating to the use of Member badges on, or more days, provided that the Member (1)–(2)—No change. and the admission of visitors to, the must first obtain the approval of the (3) Admission of Members to [Use of Equity Floors of the Exchange. The text Exchange. A Member who allows Badges on] the Equity Floor. (EFPA of the proposed rule change is stated another person to use that Member’s 1–C(i)) below, new text is italicized, deletions badge for one full day or longer and who (4)–(9)—No change. fails to obtain Exchange approval for are in brackets: (10) Badge Transfers. (EFPA 1–C(ii)) such transfer will be subject to the * * * * * following fines: (11) Admission of Visitors to the Equity Floor (EFPA 1–C(iii)) EQUITY FLOOR PROCEDURE 1st Offense $100.00 ADVICES 2nd Offense $250.00 * * * * * * * * * * 3rd Offense $500.00 MINOR RULE PLAN, RECOMMENDED FINE SCHEDULE 1–C (iii) Admission of Visitors ¶ 7610 Badges and Visitors on the * * * * * [Equity] Equities Trading Floors (a) [6] Visitors must be the invited guests of Exchange Members or Rule 10.13(i) (i) Admission of Members Exchange Officials. Visitors must be Equity Floor Decorum and Minor The security of individuals and signed in at the reception desk by the Trading Rule Violations 1 proprietary trading information on the inviting Member or staff personnel. Equities Trading Floors requires the Visitors will be issued a temporary 1 Fines for multiple violations of Equity Floor following provisions be adopted with badge to wear at all times while on the Decorum and Minor Trading Rules are calculated on a running two-year basis, except that violations respect to admission on the Trading Floor. Visitors shall be accompanied at denoted with an asterisk are calculated on a Floor: all times on the Floor. running one-year basis. 54480 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

1st viol. 2nd viol. 3rd viol.

(1)±(2)ÐNo change. (3) Admission of Members to [Use of Badges on] the Equity Floor (EFPA 1±C(i)) ...... [$10] [$25] [$50] $25 $50 $100 (4)±(9)ÐNo change. (10) Badge Transfers (EFPA 1±C(ii)) ...... $100 $250 $500 (11) Admission of Visitors to the Equity Floor (EFPA 1±C(iii)) ...... [$10] [$25] [$50] $25 $50 $100

II. Self-Regulatory Organization’s for first offense, $250 for a second V. Date of Effectiveness of the Proposed Statement of the Purpose of, and offense and $500 for a third offense.4 Rule Change and Timing for Statutory Basis for, the Proposed Rule Second, the Exchange is proposing to Commission Action Change raise the recommended fines for Within 35 days of the date of violations of the provisions in EFPA 1– publication of this notice in the Federal In its filing with the Commission, the C relating to the Admission of Members Register or within such longer period (i) self-regulatory organization included and Admission of Visitors.5 as the Commission may designate up to statements concerning the purpose of Accordingly, a Member (or Member 90 days of such date if it finds such and basis for the proposed rule change Firm personnel) who repeatedly fails to longer period to be appropriate and and discussed any comments it received have a permanent badge on admission publishes its reasons for so finding or on the proposed rule change. The text to the Trading Floor will be subject to (ii) as to which the self-regulatory of these statements may be examined at fines of $25 (first offense), $50 (second organization consents, the Commission the places specified in Item IV below. offense), and $100 (third offense).6 In will— The self-regulatory organization has addition, a Member who is responsible prepared summaries, set forth in for a violation of the provisions on the (A) by order approve such proposed sections (A) and (B) below, of the most Admission of Visitors 7 will also be rule change, or significant aspects of such statements. subject to fines of $25 (first offense), $50 (B) institute proceedings to determine (second offense), and $100 (third whether the proposed rule change A. Purpose offense), under the proposed rule should be disapproved. EFPA 1–C currently sets forth the change. VI. Solicitation of Comments rules and procedures on the admission B. Statutory Basis Interested persons are invited to to the trading floor and the use of The Exchange believes that the submit written data, views and badges by Members. Violations of these proposal is consistent with Section 6(b) arguments concerning the foregoing. rules may currently result in of the Act, in general, and Section Persons making written submissions recommended fines of $10, $25 and $50 6(b)(6), in particular, in that it is should file six copies thereof with the for first-, second- and third-time designed to assure that Exchange Secretary, Securities and Exchange violations under the Exchange’s Minor members and persons associated with Commission, 450 Fifth Street, N.W., 2 Rule Plan (‘‘MRP’’). such members are appropriately Washington, D.C. 20549. Copies of the The Exchange is proposing to modify disciplined for violations of the Rules of submission, all subsequent EFPA 1–C and, correspondingly, the the Exchange. amendments, all written statements MRP in two respects. First, the with respect to the proposed rule III. Self-Regulatory Organization’s Exchange is proposing to add a change that are filed with the Statement on Burden on Competition provision, entitled ‘‘Badge Transfers,’’ to Commission, and all written EFPA 1–C, stating that a Member may The Exchange does not believe that communications relating to the transfer his or her membership the proposed rule change will impose proposed rule change between the privileges to another person of the same any burden on competition that is not Commission and any person, other than Member Firm for one or more days, necessary or appropriate in furtherance those that may be withheld from the provided that the Member must first of the purposes of the Act. public in accordance with the obtain the approval of the Exchange.3 provisions of 5 U.S.C. 552, will be IV. Self-Regulatory Organization’s available for inspection and copying in The provision further states that a Statement on Comments on the Member who allows another person to the Commission’s Public Reference Proposed Rule Change Received From Room, 450 Fifth Street, N.W., use that Member’s badge for one full day Members, Participants, or Others or longer and who fails to obtain Washington, D.C. 20549. Copies of such filing will also be available for Exchange approval for such transfer will Written comments on the proposed inspection and copying at the principal be subject to the following fines: $100 rule change were neither solicited nor received. office of the PSE. All submissions should refer to File No. SR–PSE–96–30 2 See PSE Rule 10.13 (Procedures under the MRP); see also File No. SR–PSE–96–26 (pending 4 Violations of EFPA 1–C are cumulative and the and should be submitted by November proposal to grant Exchange staff the authority to number of offenses for a violation of that Advice are 8, 1996. make findings of violations and to impose monetary calculated on a twelve-month rotating basis. Therefore, a violation in January would be removed For the Commission, by the Division of fines under the MRP). Market Regulation, pursuant to delegated 3 from the calculation in January of the following See Exchange Act Release No. 37373 (June 26, authority. 1996), 61 FR 34918 (July 3, 1996) (approving year. See EFPA 1–C. proposal to establish a new fee of $50 for one-day 5 These fines are currently $10, $25 and $50 for Margaret H. McFarland, transfers of membership, and noting that the fee for first, second and third violations, respectively. Deputy Secretary. temporary intrafirm transfers of membership (i.e., 6 See Note 3, supra. transfers for a consecutive period lasting from two 7 These are specified in current subsections (6)– [FR Doc. 96–26714 Filed 10–17–96; 8:45 am] days to less than 30 days) is $100. (8) of EFPA 1–C. BILLING CODE 8010±01±M Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54481

[Release No. 34±37810; File No. SR±PSE± approved LMMs to manage the Book eligible to perform all functions of the 96±09] function in certain designated options Order Book Official (‘‘OBO’’) in issues. The Exchange believes that the designated options issues pursuant to Self-Regulatory Organizations; Pacific proposed rule change will give the Rules 6.51 through 6.59. In that regard, Stock Exchange, Inc.; Order Approving Exchange greater flexibility in the the Exchange will allow the LMM to use Proposed Rule Change by the Pacific operation of its lead market maker Exchange personnel to assist the LMM Stock Exchange Incorporated and program (‘‘LMM Program’’). It will allow in performing the OBO function, and Notice of Filing and Order Granting approved LMMs to have greater control the Exchange will charge the LMM a Accelerated Approval of Amendment over their operations on the Exchange reasonable fee for such use of Exchange No. 2 to Proposed Rule Change floor. In particular, it will allow them to personnel. If the program is made Relating to the Options Book Pilot set rates for execution services provided Program permanent, it is contemplated that to customers, in a manner similar to that LMMs would be responsible for hiring October 11, 1996. exercised by options specialists at other and maintaining their own employees, exchanges and Designated Primary but the Exchange would provide I. Introduction Market Markers at the Chicago Board employees to assist LMMs when On April 1, 1996, the Pacific Stock Options Exchange. Accordingly, the necessary due to market conditions. Exchange, Inc. (‘‘PSE’’ or ‘‘Exchange’’) Exchange believes that the rule change Whether employed by LMMs or by the submitted to the Securities and will make the PSE’s LMM Program more Exchange, however, employees working Exchange Commission (‘‘Commission’’), competitive.1 in the Book operation will be subject to pursuant to Section 19(b)(1) of the The Book pilot program will be all rules, policies, and procedures Securities Exchange Act of 1934 implemented on a limited basis, established by the Exchange. In (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a involving no more than three LMMs and addition, LMMs will be required to proposal to establish a pilot program no more than forty options symbols in resolve trading disputes, subject to the under which a limited number of lead total,8 during a one-year pilot phase. No review of two floor officials, upon the market makers (‘‘LMMs’’) will be able to market maker cooperatives will be request of any party to such dispute. assume operational responsibility for permitted to participate in the pilot.9 LMMs also will be required to disclose the options public limit order book The Exchange will evaluate the Book information to members upon (‘‘Book’’) in certain options issues.3 The program, and, six months prior to its request, pursuant to PSE Rule 6.57. Exchange filed an amendment expiration, will determine whether to With regard to their duties as market (‘‘Amendment No. 1’’) 4 to the proposed modify it and whether to seek makers, LMMs will be required to rule change on June 4, 1996. The permanent approval from the perform all obligations provided in proposed rule change was published for Commission. Under the pilot, the Rules 6.35 through 6.40 and 6.82(c). In comment in the Federal Register on designated LMMs will manage the Book addition, in executing transactions for June 27, 1996.5 The Exchange filed a function, take responsibility for trading their own ‘‘market maker’’ accounts, second amendment (‘‘Amendment No. disputes and errors, set rates for Book LMMs will have a right to participate 2’’) to the proposed rule change on execution, and pay the Exchange a fee pro rata with the trading crowd in trades October 3, 1996.6 No comments were for systems and services. that take place at the LMM’s principal received on the proposed rule change. The LMMs who participate during the bid or offer. This order approves the Exchange’s pilot phase will be selected by the The proposal further provides that if proposal. Options Floor Trading Committee based the Options Allocation Committee II. Description of the Proposal on some or all of the following factors: decides to reallocate an options issue to experience with trading an options issue the market maker system pursuant to The Exchange proposes to amend its as a market maker or LMM and PSE Rule 6.82(f)(i),10 the terminated rules governing LMMs to allow willingness to assume LMM LMM may receive a proportionate share responsibilities; trading volume of the 1 of the net Book revenues, not to exceed 15 U.S.C. 78s(b)(1) (1988). options issue(s); adequacy of capital; 2 17 CFR 240.19b–4. one-half, for any period specified by the 3 An ‘‘options issue’’ refers to all types of options willingness to promote the Exchange as Options Appointment Committee up to contracts (puts and calls) of the same class of a marketplace; history of adherence to a maximum of five years. The decision options covering the same underlying stock. See Exchange rules and securities laws; to make an award will be based on PSE Rule 6.1(a) (7) and (10). trading crowd/LMM evaluations various factors, including: the length of 4 Amendment No. 1 adds a provision to proposed PSE Rule 6.82, Commentary .05 stating that no conducted pursuant to Options Floor the time of LMM service, the LMM’s market maker cooperatives may participate as Procedure Advice B–13; and ability to capital commitment; efforts expended as LMMs in the pilot program. Amendment No. 1 also manage the Book operation. Only LMM; activity level of the options issue replaces a PSE Rule 6.82, Commentary .05 reference dually- or multiple-traded options when the LMM assumed responsibility to ‘‘April —, 1997’’ as the proposed expiration date for the pilot program, with a reference to ‘‘[Date]’’. issues will be eligible during the pilot for the Book function; and other Letter from Michael D. Pierson, Senior Attorney, phase. relevant factors. The Exchange intends Market Regulation, PSE, to Michael Walinskas, The Exchange proposes to amend its to develop a procedure for determining Special Counsel, Office of Market Supervision Rule 6.82 to provide that, subject to the ‘‘net Book revenues’’ and specific (‘‘OMS’’), Division of Market Regulation approval of the Exchange, LMMs will be (‘‘Division’’), Commission, dated June 4, 1996. guidelines for the Options Appointment 5 See Securities Exchange Act Release No. 37335 Committee to follow in determining the (June 19, 1996), 61 FR 33568. 7 Amendment No. 2, supra note 6. 6 Letter from Michael D. Pierson, Senior Attorney, 8 Amendment No. 1, supra note 4. 10 In Amendment No. 2, the Exchange is making Market Regulation, PSE, to Janet Russell-Hunter, Each options issue typically has only one symbol a technical correction to the proposal by changing Special Counsel, Office of Market Supervision associated with it, unless LEAPs are traded on that the cross reference in proposed Rule 6.82(h)(1)(e) (‘‘OMB’’), Division of Market Regulation issue, in which case there usually would be two from (f)(2) to (f)(1). This change is being made to (‘‘Division’’), Commission, dated October 3, 1996. additional symbols related to the issue, or unless a reflect a change in another filing, and accordingly, Amendment No. 2 clarifies the purpose of the contract adjustment is necessary due, for example, this change to the filing is not substantive. See proposal, amends proposed Rule 6.82(h) to change to a merger or stock split, in which case one Amendment No. 2, supra note 6. See also Securities a reference to another part of the rule, and requests additional symbol usually would be added. Exchange Act Release No. 37780, (October 3, 1996) accelerated approval of Amendment No. 2. 9 Amendment No. 1, supra note 4. (approving changes to the LMM Program). 54482 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices amount of net Book revenues, if any, to 31, 1997, unless extended or The proposal also requires the PSE, for be awarded. permanently approved. a reasonable fee, to make available The proposal specifies that LMMs The Commission finds in particular Exchange personnel to assist LMMs in who perform the function of an OBO that the program will be implemented their OBO functions, though if the pilot pursuant to PSE Rule 6.82(h) shall on a limited basis involving no more is permanently approved, LMMs may be maintain ‘‘minimum net capital,’’ as than three LMMs and no more than responsible for hiring and maintaining provided in Rule 15c3–1 under the forty options symbols in total during a their own employees. The Commission Act,11 and also shall maintain a cash or one-year pilot phase. The Commission notes that employees working in the liquid asset position of at least finds the selection criteria for LMMs to Book operation, whether employed by $500,000, plus $25,000 for each options participate in this limited pilot to be an LMM or the Exchange, will be issue over five issues for which they appropriate. The Commission finds subject to all rules, policies, and perform the function of an OBO. consistent with the Act the requirement procedures established by the Exchange. The Exchange believes that the that any LMMs who perform the Finally, the Commission finds that the proposal is consistent with Section 6(b) function of an OBO will be required to LMM Rule contains adequate provisions of the Act, in general, and Section maintain minimum net capital pursuant to permit the Exchange to reassign one 6(b)(5), in particular, in that it is to Rule 15c3–1 under the Act, as well or more options issues in the event that designed to facilitate transactions in as a cash or liquid asset position of at an LMM has not performed its duties securities, to promote just and equitable least $500,000, plus $25,000 for each satisfactorily.23 principles of trade, and to protect options issue over five issues for which The Commission finds appropriate 15 investors and the public interest. they perform the function of an OBO. the provision of the proposal permitting The Commission finds appropriate that an LMM to receive a proportionate share III. Discussion no market maker cooperatives will be of net Book revenues for a limited time, PSE Rule 6.82 (‘‘LMM Rule’’) sets permitted to participate in the pilot.16 in the event that an options issue is forth the basic rules and procedures The Commission believes that the reallocated to the market maker applicable to the LMM Program. The pilot contains adequate safeguards to system.24 The Commission finds that it Commission notes that the LMM permit proper Exchange oversight of the is appropriate for the Exchange to have Program was adopted in January 1990 as LMMs managing the Book function. the discretion to determine what a pilot program.12 The Commission Specifically, the Commission finds compensation, if any, an LMM should recently approved changes to the LMM appropriate that LMMs will be receive in the event of reallocation of an Program that added several new designated as OBOs and perform OBO options issue. functions pursuant to Rules 6.51 The Commission notes that, pursuant substantive provisions to the LMM Rule 17 and clarified and streamlined its through 6.59. These functions include to recent amendments to the LMM Rule, existing provisions.13 In addition, the the OBO’s duty to assist in the LMMs will be evaluated by the Options maintenance of a fair, orderly, and pilot LMM Program recently was Allocation Committee at least competitive market.18 LMMs running 25 extended to September 30, 1997.14 The semiannually. Before the Book pilot the Book will be required to report to an Exchange is now proposing to establish program can be approved on a Options Floor Official any unusual a pilot program whereby LMMs will permanent basis, or further extended, trading activity, transactions, or price assume operational responsibility for however, the Exchange must provide changes, or other unusual market the Book in a limited number of options the Commission, within 6 months prior conditions or circumstances that are issues. to its expiration, with a report on the detrimental to the maintenance of a fair, After careful consideration, the operation of the Book pilot program. orderly, competitive market.19 LMMs Commission finds that the Exchange’s Specifically, the PSE must submit an also will be required to disclose to updated pilot program report by April proposal to create a limited pilot members, upon request, the price and program is consistent with the 1997 that addresses: (1) Whether there number of contracts which are bid have been any complaints regarding the requirements of the Act and the rules below or that are offered above the Book and regulations thereunder applicable to operation of the pilot; (2) whether the information displayed pursuant to Rule PSE has taken any disciplinary or a national securities exchange in that 6.55.20 The Commission also notes that the proposal is consistent with Section performance action against any member the proposal incorporates the due to the operation of the pilot; (3) 6(b) of the Act, in general, and Section requirement that LMMs perform all 6(b)(5), in particular, in that it is whether the PSE has reassigned any market maker obligations provided in options issues traded pursuant to the designed to facilitate transactions in 21 Rules 6.35 through 6.40 and 6.82(c). pilot; and (4) the impact of the pilot on securities, to promote just and equitable The Commission finds consistent the bid/ask spreads, depth and principles of trade, and to protect with the Act that the proposal places continuity in PSE options markets. investors and the public interest. Giving additional obligations on LMMs, and LMMs greater control over their The Committee finds good cause for provides for their support by the approving Amendment No. 2 prior to operations on the Exchange floor may Exchange. The proposal includes a continue to enhance the PSE’s LMM the thirtieth day after the date of the provision subjecting an LMM’s publication of notice of filing thereof in Program, thereby improving the market resolution of a trading dispute to the for listed options on the Exchange. The the Federal Register because review of two floor officials upon the Amendment No. 2 does not change the Book pilot program is approved for a request of any party to such dispute.22 one year period, to expire on October substance of the proposal, rather, it 15 Proposed PSE Rule 6.82, Commentary .06. clarifies the purpose for the proposal 16 and makes a technical correction to the 11 17 CFR 240.15c3–1 Amendment No. 1. supra note 4. 12 See Securities Exchange Act Release No. 27631 17 See Proposed PSE Rule 6.82(h)(1)(a). text of the proposed rule. In addition, (January 17, 1990), 55 FR 2462. 18 See PSE Rule 6.53. 13 Securities Exchange Act Release No. 37780, 19 See PSE Rule 6.54. 23 See PSE Rule 6.82(f). supra note 10. 20 See PSE Rule 6.57. 24 Proposed PSE Rule 6.82(h)(1)(e). 14 See Securities Exchange Act Release No. 37767 21 Proposed PSE Rule 6.82(h)(2)(a). 25 See PSE Rule 6.82(e)(4) and Securities (September 30, 1996). 22 Proposed PSE Rule 6.82(h)(1)(c). Exchange Act Release No. 37780, supra note 10. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54483 the PSE’s proposal was published in the Section 19(b)(1) of the Securities Establishing the Federal Reserve Federal Register for the full 21 day Exchange Act of 1934 (‘‘Exchange participant as a category of participation comment period without any comments Act’’)1 to establish a new category of will enable Federal Reserve Banks to being received by the Commission. PTC participant, a ‘‘Federal Reserve participate in PTC in a capacity participant.’’ Notice of the proposal was different from that of PTC’s current IV. Solicitation of Comments published in the Federal Register on participants or limited purpose Interested persons are invited to September 23, 1996.2 No comment participants.6 Like limited purpose submit written data, views, and letters were received. For the reasons participants, Federal Reserve arguments concerning Amendment No. discussed below, the Commission is participants will be restricted from 2. Persons making written submissions granting accelerated approval of the receiving securities versus payment and should file six copies thereof with the proposed rule change. from incurring a debit balance. In Secretary, Securities and Exchange addition, Federal Reserve participants I. Description Commission, 450 Fifth Street, N.W., will not receive principal and interest Washington, D.C. 20549. Copies of the The proposed rule change establishes (‘‘P&I’’) advances on securities held at submission, all subsequent a new category of PTC participant, a PTC and therefore are not required to amendments, all written statements Federal Reserve participant, for Federal repay third-party loans obtained for this with respect to the proposed rule Reserve Banks.3 The new category of purpose.7 change that are filed with the participants will enable Federal Reserve Consistent with the restricted nature Commission, and all written Banks to maintain accounts at PTC for of Federal Reserve Bank participation, communications relating to the the purpose of accepting securities the proposed rule change also provides proposed rule change between the pledged as collateral by PTC that Federal Reserve participants will be Commission and any person, other than participants for discount window exempt from some of the obligations those that may be withheld from the advances from the Federal Reserve applicable to PTC’s other participants public in accordance with the Banks. At a later date, PTC participants and limited purpose participants.8 The provisions of 5 U.S.C. § 552, will be may be able to deliver securities to the most significant exemptions applicable available for inspection and copying in accounts of Federal Reserve participants to Federal Reserve participants are that the Commission’s Public Reference as collateral to secure Treasury tax and they are not required to: (1) Indemnify Section, 450 Fifth Street, N.W., loan accounts.4 PTC or any licensor or provider of data Washington, D.C. 20549. Copies of such Following approval of this proposed processing services to PTC; (2) furnish filing will also be available for rule change, PTC and the Federal periodic financial reports and open inspection and copying at the principal Reserve Bank of New York (‘‘FRBNY’’) books and records for inspection by office of the PSE. All submissions will commence a pilot program which PTC; (3) pay fees, fines, or assessments; should refer to File No. SR–PSE–96–09 will be open to a limited number of PTC (4) contribute to the participants fund; and should be submitted by November participants. During the pilot program, or (5) submit disputes to arbitration. 8, 1996. PTC participants taking part in the pilot Additional provisions of the proposed program will be able to deliver rule change are as follows. Securities V. Conclusion securities that meet the requirements of and property in the account of a Federal It is therefore ordered, pursuant to the FRBNY to the FRBNY’s Federal Reserve participant are not subject to Section 19(b)(2) of the Act,26 that the Reserve participant’s account to secure any lien, security interest, or ownership proposed rule change (File No. SR–PSE– discount window advances. During the interest by PTC.9 PTC shall not be liable 96–09), as amended, is approved pilot program, PTC also will undertake to a Federal Reserve participant or any through October 31, 1997. software changes that may later permit third party for losses arising from For the Commission, by the Division of pledges of Treasury tax and loan nonperformance or misperformance of Market Regulation, pursuant to delegated collateral and pledges of collateral by the custody of deposited securities or its 27 authority. institutions that are not direct duties other than the custody of Margaret H. McFarland, participants themselves but use PTC deposited securities except to the extent Deputy Secretary. participants as custodians.5 that such loss is attributable to the [FR Doc. 96–26783 Filed 10–17–96; 8:45 am] failure to exercise ordinary care by PTC BILLING CODE 8010±01±M 1 15 U.S.C. 78s(b)(1) (1988). or in the case of willful misconduct or 2 Securities Exchange Act Release No. 37684 fraudulent or criminal acts of PTC. PTC (September 16, 1996), 61 FR 49807. will not waive any of its rules or [Release No. 34±37813; File No. SR±PTC± 3 The new category of Federal Reserve participant procedures without a Federal Reserve 96±05] will be governed by a new Section 2A to Rule 1 of Article IV of PTC’s rules (‘‘Qualifications and participant’s consent if the effect of such Self-Regulatory Organizations; Duties of Participants and Limited Purpose Participants’’) and by a new form of participation PTC plans to implement as a result of its review of Participants Trust Company; Order agreement for Federal Reserve participants. the pilot program. Granting Accelerated Approval of a 4 A financial institution can be designated as a 6 Currently, PTC’s rules permit participation as Proposed Rule Change Relating to Treasury tax and loan depository to process either a participant or as a limited purpose Establishing a New Category of PTC deposits of Federal taxes and to maintain and participant. Participant administer separate accounts known as Treasury tax 7 Federal Reserve participants will not receive P&I and loan accounts. In order to accept these deposits, through PTC because P&I on securities in a pledgee October 11, 1996. the financial institution must pledge collateral account is paid to the pledgor pursuant to PTC’s security to secure Treasury tax and loan balances rules. On August 21, 1996, the Participants with the Federal Reserve Bank of the district in 8 These exemptions are set forth in the new Trust Company (‘‘PTC’’) filed with the which it is located. 31 CFR 202, 203. Section 2A to Rule 1 of Article IV of PTC’s rules. Securities and Exchange Commission 5 Many smaller institutions which cannot meet 9 Because securities held by PTC for the account (‘‘Commission’’) a proposed rule change PTC’s participants’ requirements establish clearing of a Federal Reserve participant are held in pledgee (File No. SR–PTC–96–05) pursuant to arrangements with PTC participants in order to accounts and transferred free into such accounts, utilize PTC’s services. this change is merely a restatement of PTC’s As necessary, PTC should submit a proposed rule existing rules, which provide that PTC does not 26 15 U.S.C. 78s(b)(2) (1988). change under Section 19(b) of the Exchange Act have a lien, security interest, or ownership interest 27 17 CFR 200.3-–3(a)(12). describing any modifications to the program which in securities held and transferred in this manner. 54484 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices waiver would be to prejudice a Federal the Federal Reserve Banks’ participation Area 3 Office, 4400 Amon Carter Blvd., Reserve participant’s rights. at PTC. Suite 102, Fort Worth, Texas 76155, or PTC has requested that the other locally announced locations. II. Discussion Commission find good cause for The interest rates are: 10 Section 17A(b)(3)(F) of the approving the proposed rule change For physical damage: Exchange Act requires that the rules of prior to the thirtieth day after the date Homeowners with credit available a clearing agency be designed to assure of publication of notice of the filing. The elsewhere—8.000%. the safeguarding of securities and funds Commission finds good cause for so Homeowners without credit available in the custody or control of the clearing approving the proposed rule change elsewhere—4.000%. agency or for which it is responsible. because accelerated approval will Businesses with credit available For the reasons set forth below, the permit PTC and the FRBNY to elsewhere—8.000%. Commission believes that PTC’s immediately commence the pilot Businesses and non-profit proposed rule change is consistent with program. Furthermore, the Commission organizations without credit this obligation under the Exchange Act. has not received any comment letters available elsewhere—4.000%. PTC was established in 1989 as a and does not expect to receive any Others (including non-profit depository for mortgage-backed comment letters on the proposal. In organizations) with credit available securities, primarily those guaranteed addition, the staff of the Board of elsewhere)—7.125%. by the Government National Mortgage Governors of the Federal Reserve For economic injury: Association (‘‘GNMAs’’), in order to System (‘‘Board of Governors’’) has Businesses and small agricultural immobilize these securities and to allow concurred with the Commission’s cooperatives without credit them to be settled by book-entry. decision to grant accelerated approval.11 available elsewhere—4.000%. However, GNMAs, unlike other The number assigned to this disaster III. Conclusion mortgage-backed securities such as for physical damage is 290606. For those guaranteed by the Federal On the basis of the foregoing, the economic injury the number is 922100. National Mortgage Association Commission finds that the proposed (‘‘FNMAs’’) and the Federal Home Loan (Catalog of Federal Domestic Assistance rule change is consistent with the Program Nos. 59002 and 59008) Mortgage Association (‘‘FHLMCs’’), are requirements of the Exchange Act and Dated: October 9, 1996. issued in certificated form and therefore in particular Section 17A of the cannot be transferred over the Fedwire. Exchange Act and the rules and Ginger Lew, Currently, in order to use GNMAs as regulations thereunder. Acting Administrator. collateral for discount window advances It is therefore ordered, pursuant to [FR Doc. 96–26765 Filed 10–17–96; 8:45 am] from Federal Reserve Banks, PTC Section 19(b)(2) of the Exchange Act, BILLING CODE 8025±01±P participants must physically remove the that the proposed rule change (File No. certificates from PTC and deposit them SR–PTC–96–05) be and hereby is with the Federal Reserve Banks. The approved on an accelerated basis. OFFICE OF THE UNITED STATES proposed rule change will enable TRADE REPRESENTATIVE Federal Reserve Banks to maintain For the Commission by the Division of Market Regulation, pursuant to delegated accounts at PTC for the purpose of authority.12 Generalized System of Preferences accepting from PTC participants Margaret H. McFarland, (GSP); Initiation of a Review to securities pledged as collateral for Consider the Designation of Cambodia Deputy Secretary. discount window advances and as as a Beneficiary Developing Country collateral to secure Treasury tax and [FR Doc. 96–26781 Filed 10–17–96; 8:45 am] Under the GSP; Solicitation of Public loan accounts. This will allow PTC BILLING CODE 8010±01±M Comments relating to the Designation participants to utilize GNMAs as Criteria collateral without having to physically remove the certificates from PTC. As a SMALL BUSINESS ADMINISTRATION AGENCY: Office of the United States Trade Representative. result, the Commission believes the [Declaration of Disaster Loan Area #2906] proposed rule change facilitates the ACTION: Notice and solicitation of public safeguarding of securities in the custody Texas; Declaration of Disaster Loan comment with respect to the eligibility or control of PTC by reducing the Area of Cambodia for the GSP program. physical movement of GNMAs and the SUMMARY: risk of loss associated with the physical Tyler County and the contiguous This notice announces the movement of these securities. counties of Angelina, Hardin, Jasper, initiation of a review to consider the Furthermore, the Commission believes and Polk in the State of Texas constitute designation of Cambodia as a that the proposal is consistent with a disaster area as a result of damages beneficiary developing country under industry efforts to immobilize securities caused by flooding that occurred on the GSP program and solicits public certificates and maximize efficiencies in September 26 and 27, 1996. comment relating to the designation securities processing. Applications for loans for physical criteria. As previously stated, the proposed damage as a result of this disaster may FOR FURTHER INFORMATION CONTACT: GSP rule change also provides that Federal be filed until the close of business on Subcommittee, Office of the United Reserve participants will be exempt December 9, 1996 and for economic States Trade Representative, 600 17th from some of the obligations applicable injury until the close of business on July Street, NW., Room 518, Washington, DC to participants and limited purpose 9, 1997 at the address listed below: U.S. 20506. The telephone number is (202) participants. The Commission believes Small Business Administration, Disaster 395–6971. that the special provisions applicable to SUPPLEMENTARY INFORMATION: The Trade Federal Reserve participants are 11 Telephone conversation between John Policy Staff Committee (TPSC) has Rudolph, Board of Governors, and Ari Burstein, consistent with the restricted nature of Division of Market Regulation, Commission initiated a review to determine if (October 3, 1996). Cambodia meets the designation criteria 10 15 U.S.C. 78q–1(b)(3)(F) (1988). 12 17 CFR 200.30–3(a)(12) (1996). of the GSP law and should be Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54485 designated as a beneficiary developing ACTION: Notice of initiation of 301(a). Brazil has adopted since country for purposes of the GSP, which investigation; request for written December 1995 a series of decrees that is provided for the Trade Act of 1974, comments. provide that manufacturers of as amended (19 U.S.C. 2461 et. seq.) (the automobiles may get reductions in Act). The designation criteria are listed SUMMARY: The Acting United States duties on inputs and assembled vehicles in section 502 of the Act. Interested Trade Representative (USTR) has if they maintain a specified level of parties are invited to submit comments initiated an investigation under section local content, and export an offsetting regarding the eligibility of Cambodia for 302(b)(1) of the Trade Act of 1974, as amount of finished vehicles and parts designation as a GSP beneficiary. The amended (the Trade Act), with respect and maintain specified ratios of designation criteria mandate to certain acts, policies and practices of imported to domestic capital goods and determinations related to participation the Government of Brazil concerning the of imported to domestic inputs. Brazil in commodity cartels, preferential grant of tariff-reduction benefits also provides more favorable treatment treatment provided to other developed contingent on satisfying certain export to automobiles and auto parts from countries, expropriation without performance and domestic content Argentina. compensation, enforcement of arbitral requirements. The United States alleges The USTR believes that these acts, awards, support of international that these acts, policies and practices policies and practices of Brazil are terrorism, and protection of are inconsistent with certain provisions inconsistent with certain aspects of the internationally recognized worker of the General Agreement on Tariffs and GATT 1994, the TRIMs Agreement, and rights. Other practices taken into Trade 1994 (GATT 1994), the the SCM Agreement. In particular, the account relate to the extent of market Agreement on Trade-Related Investment program appears to be inconsistent with access for goods and services, Measures (TRIMS Agreement), and the the most-favored-nation treatment and investment practices and protection of Agreement on Subsidies and national treatment provisions found in intellectual property rights. Countervailing Measures (SCM Articles I and III of the GATT 1994; the Comments must be submitted in 15 Agreement), each administered by the prohibition in Article 2 of the TRIMs copies, in English, to the Chairman of World Trade Organization (WTO). Agreement on investment measures that the GSP Subcommittee, Trade Policy USTR invites written comments from are inconsistent with the national Staff Committee, 600 17th Street, NW., the public on the matter being treatment and quantitative restriction Room 518, Washington, DC 20506. investigated. provisions in the GATT 1994, and the Comments must be received no later DATES: This investigation was initiated prohibition on certain subsidies in than 5 p.m. on Monday, November 18, on October 11, 1996. Written comments Articles 3 and 28.2 of the SCM 1996. Information and comments from the public are due on or before Agreement. In August 1996 the USTR invoked submitted regarding Cambodia will be noon on Thursday, November 14, 1996. WTO dispute procedures and held subject to public inspection by ADDRESSES: Office of the United States consultations with Brazil regarding its appointment with the staff of the USTR Trade Representative, 600 17th Street, auto regime. As a result of these N.W., Washington, DC 20508. Public Reading Room, except for consultations, Brazil has agreed to enter information granted ‘‘business FOR FURTHER INFORMATION CONTACT: into intensive talks with the United confidential’’ status pursuant to 15 CFR Karen Chopra, Deputy Assistant U.S. States. The goal of these talks is the 2003.6. If the document contains Trade Representative for the Western removal of the discriminatory impact of business confidential information, 15 Hemisphere, (202) 395–5190, or Amelia the Brazilian practices on U.S. exports. copies of a nonconfidential version of Porges, Senior Counsel for Dispute Pending the outcome of these talks the the submission along with 15 copies of Settlement, (202) 395–7305. USTR has decided pursuant to section the confidential version must be SUPPLEMENTARY INFORMATION: Section 303(b)(1)(A) of the Trade Act to delay submitted. In addition, the submission 302(b)(1) of the Trade Act) (19 U.S.C. for up to 90 days requesting the should be clearly marked ‘‘confidential’’ 2412(b)(1)), authorizes the USTR to consultations required under section at the top and bottom of each and every initiate an investigation under chapter I 303(a) of the Trade Act for the purpose page of the document. The version of Title III of the Trade Act (commonly of ensuring an adequate basis for such which does not contain business referred to as ‘‘section 301’’) with consultations. Pursuant to section confidential information (the public respect any matter in order to determine 303(b)(1)(B) of the Trade Act the time version) should also be clearly market at whether the matter is actionable under limitations for making the the top and bottom of each and every section 301. Matters actionable under determinations required by section 304 page (either ‘‘public version’’ or ‘‘non- section 301 include, inter alia, the of the Trade Act will be extended for the confidential’’). denial of rights of the United States period of the delay. Frederick L. Montgomery, under a trade agreement, or acts, Public Comment: Requirements for Chairman, Trade Policy Staff Committee. policies, and practices of a foreign Submissions [FR Doc. 96–26821 Filed 10–17–96; 8:45 am] country that violate or are inconsistent BILLING CODE 3190±01±M with the provisions of, or otherwise Interested persons are invited to deny benefits to the United States submit written comments concerning under, any trade agreement. the acts, policies and practices of Brazil which are the subject of this [Docket No. 301±110] Investigation and Consultations investigation, the amount of burden or Initition of Section 302 Investigation On October 11, 1996, having restriction on U.S. commerce caused by and Request for Public Comment; consulted with the appropriate private these acts, policies and practices, and Practices of the Government of Brazil sector advisory committees, the USTR the determinations required under Regarding Trade and Investment in the determined that an investigation should section 304 of the Trade Act. Comments Auto Sector initiated to determine whether certain must be filed in accordance with the acts, policies and practices of Brazil requirements set forth in 15 CFR AGENCY: Office of the United States concerning trade and investment in the 2006.8(b) (55 FR 20593) and must be Trade Representative. auto sector are actionable under section filed on or before noon on Thursday, 54486 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

November 14, 1996. Comments must be Washington, DC 20591, or sent by under the provisions of the Aviation in English and provided in twenty facsimile to 202/358–5434. Safety and Capacity Expansion Act of copies to: Sybia Harrison, Staff Assistant SUPPLEMENTARY INFORMATION: The FAA 1990 (Title IX of the Omnibus Budget to the Section 301 Committee, Room Office of System Architecture and Reconciliation Act of 1990) (Public Law 223, Office of the U.S. Trade Program Evaluation invites public 101–508) and Part 158 of the Federal Representative, 600 17th Street, NW, comment on the National Airspace Aviation Regulations (14 CFR Part 158). Washington, D.C. 20508. System (NAS) Architecture. The NAS DATES: Comments must be received on Comments will be placed in a file Architecture is a comprehensive plan or before November 18, 1996. (Docket 301–110) open to public for modernizing the NAS well into the ADDRESSES: Comments on this inspection pursuant to 15 CFR 2006.13, 21st century through effective and application may be mailed or delivered except confidential business efficient use of equipment, software, in triplicate to the FAA at the following information exempt from public services, facilities, procedures, and address: Minneapolis Airports District inspection in accordance with 15 CFR resources. Office, 6020 28th Avenue South, Room 2006.15. Confidential business Version 2.0 represents a proposed 102, Minneapolis, Minnesota 55450. information submitted in accordance NAS Architecture through the year In addition, one copy of any with 15 CFR 2006.15 must be clearly 2015. This proposed NAS Architecture comments submitted to the FAA must marked ‘‘BUSINESS CONFIDENTIAL’’ is being coordinated within the FAA be mailed or delivered to Peter L. Drahn, in a contrasting color ink at the top of and with the entire aviation community Airport Director of the County of Dane, each page on each of 20 copies, and with the goal of establishing a baseline Madison, WI at the following address: must be accompanied by a NAS Architecture (Version 3.0) in 1997. 4000 International Lane, Madison, WI In developing Version 2.0, the NAS nonconfidential summary of the 53704–3120. Air carriers and foreign air architects faced the challenge of confidential information. The carriers may submit copies of written accommodating the forecasted increase nonconfidential summary shall be comments previously provided to the in airspace usage while addressing the placed in the file that is open to public County of Dane under section 158.23 of issues of an aging NAS infrastructure inspection. An appointment to review Part 158. and shrinking Federal budgets. Version the docket (Docket No. 301–110) may be FOR FURTHER INFORMATION CONTACT: made by calling Brenda Webb (202) 2.0 strives to balance users’ needs and the realities of technology and funding Sandra E. DePottey, Program Manager, 395–6186. The USTR Reading Room is Minneapolis Airports District Office, open to the public from 10:00 a.m. to 12 availability. This Architecture incorporates comments to the prior 6020 28th Avenue South, Room 102, noon and 1:00 p.m. to 4:00 p.m., Minneapolis, MN 55450, 612–725–4221. Monday through Friday, and is located release (Version 1.5, issued in February 1996). The application may be reviewed in in Room 101. person at this same location. Irving A. Williamson, For more information on Version 2.0, please visit the NAS Architecture Home SUPPLEMENTARY INFORMATION: The FAA Chairman, Section 301 Committee. Page (http://asd.orlab.faa.gov) or write proposes to rule and invites public [FR Doc. 96–26711 Filed 10–17–96; 8:45 am] to the Federal Aviation Administration, comment on the application to use the BILLING CODE 3190±01±M Office of System Architecture and revenue from a PFC at Dane County Program Evaluation, ATTN: ASD–1, Regional Airport under the provisions of requesting the Version 2.0 document. the Aviation Safety and Capacity DEPARTMENT OF TRANSPORTATION A comment form is included in the Expansion Act of 1990 (Title IX of the Version 2.0 document. Feedback is Omnibus Budget Reconciliation Act of Federal Aviation Administration encouraged. While the FAA cannot 1990) (Public Law 101–508) and Part guarantee a response to each and every 158 of the Federal Aviation Regulations Notice of Intent To Distribute and comment received, each comment that (14 CFR Part 158). Request Comment on the National is received by December 16, 1996, will On September 23, 1996 the FAA Airspace System (NAS) Architecture be considered in developing the next determined that the application to use Version 2.0 version of the NAS Architecture. the revenue from a PFC submitted by AGENCY: Federal Aviation Issued in Washington, DC, on October 11, County of Dane was substantially Administration (FAA). 1996. complete within the requirements of section 158.25 of Part 158. The FAA ACTION: Distribute and request comment Janice L. Peters, Designated Official. will approve or disapprove the on the NAS Architecture, Version 2.0. application, in whole or in part, no later [FR Doc. 96–26823 Filed 10–17–96; 8:45 am] than December 24, 1996. SUMMARY: The FAA Office of System BILLING CODE 4810±13±M Architecture and Program Evaluation The following is a brief overview of has developed a revised version of the the application. PFC Application Number: 96–02–U– NAS Architecture. This proposed Notice of Intent To Rule on Application 00–MSN. architecture, Version 2.0, is being To Use the Revenue From a Passenger Level of the PFC: $3.00. formally coordinated with all segments Facility Charge (PFC) at Dane County of the FAA and the aviation community. Actual charge effective date: 9/1/93. Regional Airport, Madison, WI Revised estimated charge expiration The FAA, therefore, invites public date: 4/30/2000. comment. AGENCY: Federal Aviation Administration (FAA), DOT. Revised total PFC revenue: DATE: Comments must be received on or ACTION: $9,558,000. before December 16, 1996. Notice of intent to rule on application. Brief description of proposed ADDRESS: Comments may be mailed to: project(s): Construct Runway 3/21. Federal Aviation Administration, Office SUMMARY: The FAA proposes to rule and Class or classes of air carriers which of System Architecture and Program invites public comment on the the public agency has requested not be Evaluation, ATTN: ASD–1, 800 application to use the revenue from a required to collect PFCs: FAR Part 135 Independence Avenue, SW., PFC at Dane County Regional Airport Air Taxi. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54487

Any person may inspect the Estate Specialist, Office of Program doors at each end of the bay and a 10′ application in person at the FAA office Management, at 202/418–8552. overhead door and a pedestrian door listed above under FOR FURTHER located in the middle of the building. SUPPLEMENTARY INFORMATION: INFORMATION CONTACT. The six-year-old lift is a Grand Model In addition, any person may, upon Background #TR–10–A 4-post 25,000 lb. lift with request, inspect the application, notice 49 U.S.C. Section 5334(g) provides two (2) three-foot track extensions ′ × ′ and other documents germane to the guidance on the transfer of capital attached to a 20 70 foot concrete slab. application in person at the County of assets. Specifically, if a recipient of FTA Issued on October 8, 1996. Dane. assistance decides an asset acquired Susan E. Schruth, Issued in Des Plaines, Illinois on October under this chapter at least in part with Regional Administrator. that assistance is no longer needed for 10, 1996. [FR Doc. 96–26745 Filed 10–17–96; 8:45 am] Benito De Leon, the purpose for which it was acquired, the Secretary of Transportation may BILLING CODE 4910±57±U Manager, Planning/Programming Branch, Airports Division, Great Lakes Region. authorize the recipient to transfer the asset to a local governmental authority [FR Doc. 96–26822 Filed 10–17–96; 8:45 am] Research and Special Programs to be used for a public purpose with no Administration BILLING CODE 4910±13±M further obligation to the Government. The Secretary may authorize a transfer Office of Hazardous Materials Safety; Federal Transit Administration for a public purpose other than mass Notice of Delays in Processing of transportation only if the Secretary Exemption Applications Transfer of Federally Assisted Land or decides: Facility 49 U.S.C. Section 5334(g) AGENCY: Research and Special Programs DETERMINATIONS: Administration, DOT. AGENCY: Federal Transit Administration, (A) the asset will remain in public use ACTION: List of applications delayed DOT. for not less than 5 years after the date more than 180 days. of the transfer the asset is transferred; ACTION: Notice of intent to transfer (B) there is no purpose eligible for Federally assisted land or facility. SUMMARY: In accordance with the assistance under this chapter for which requirements of 49 U.S.C. 5117(c), RSPA the asset should be used; SUMMARY: 49 U.S.C. Section 5334(g) is publishing the following list of [formerly called Section 12(k) of The (C) the overall benefit of allowing the exemption applications that have been Federal Transit Act], permits the transfer is greater than the interest of the in process for 180 days or more. The Government in liquidation and return of Administrator of the Federal Transit reason(s) for delay and the expected the financial interest of the Government Administration (FTA) to authorize a completion date for action on each in the asset, after considering fair recipient of FTA funds to transfer land application is provided in association market value and other factors; and or a facility to a public body for any with each identified application. (D) through an appropriate screening public purpose with no further FOR FURTHER INFORMATION CONTACT: or survey process, that there is interest obligation to the Federal Government if, in acquiring the asset for Government J. Suzanne Hedgepeth, Director, Office among other things, no Federal agency use if the asset is a facility or land. of Hazardous Materials, Exemptions and is interested in acquiring the asset for Approvals, Research and Special Federal use. Accordingly, FTA is Federal Interest in Acquiring Land or Programs Administration, U.S. issuing this Notice to advise Federal Facility Department of Transportation, 400 agencies that the City of New Smyrna This document implements the Seventh Street, SW, Washington, DC Beach intends to transfer a two-bay requirements of 49 U.S.C. Section 20590–0001, (202) 366–4535. addition to the existing Fleet 5334(g) [formerly referenced as Section Key to ‘‘Reasons for Delay’’ Maintenance Facility and four-post bus 12(k) of the Federal Transit Act, now lift, located at 124 Industrial Park Drive, 1. Awaiting additional information from codified]. Accordingly, FTA hereby applicant New Smyrna Beach, Florida. provides notice of the availability of the 2. Extensive public comment under review EFFECTIVE DATE: Any Federal agency land or facility further described below. 3. Application is technically very complex interested in acquiring the land or Any Federal agency interested in and is of significant impact or precedent- facility must notify the FTA Region IV acquiring the affected land or facility setting and requires extensive analysis office of its interest by November 18, should promptly notify the FTA. 4. Staff review delayed by other priority If no Federal agency is interested in issues or volume of exemption 1996. applications acquiring the existing land or facility, ADDRESSES: Interested parties should FTA will make certain that the other Meaning of Application Number Suffixes notify the Regional Office by writing requirements specified in 49 U.S.C. N—New application Ms. Susan E. Schruth, Regional Section 5334(g) (1)(A) through (1)(D) are M—Modification request Administrator, Federal Transit met before permitting the asset to be PM—Party to application with modification Administration, 1720 Peachtree Road transferred. request NW, Suite 400, Atlanta, GA 30309– Issued in Washington, DC, on October 11, 2437. Additional Description of Land or 1996. FOR FURTHER INFORMATION CONTACT: Mr. Facility J. Suzanne Hedgepeth, Brian A. Glenn, Program Manager, at The six-year-old metal clear-span Director, Office of Hazardous Materials 404/347–1889, or Ms. Ann Catlin, Real garage bay is 21′ × 70′ with 14′ overhead Exemptions and Approvals. 54488 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices

NEW EXEMPTION APPLICATIONS

Rea- Estimated Application No. Applicant son for date of com- delay pletion

10581±N ...... Luxfer UK Limited, Nottingham, England ...... 4 11/30/1996 10664±N ...... EFIC Corporation, San Jose, CA ...... 3 11/30/1996 10915±N ...... Luxfer USA Limited, Riverside, CA ...... 3 11/30/1996 10945±N ...... Structural Composites Industries, Pomona, CA ...... 3 11/30/1996 11193±N ...... U.S. Department of Defense Falls Church, VA ...... 4 12/31/1996 11194±N ...... Pressure Technology, Inc., Hanover, MD ...... 3 12/31/1996 11302±N ...... Stolt Tank Containers Limited, Hull, North Humberside, EN ...... 1 11/30/1996 11322±N ...... Hydra Rig, Inc., Ft. Worth, TX ...... 1 12/31/1996 11375±N ...... Oceaneering Space Systems, Houston, TX ...... 4 12/31/1996 11396±N ...... Laidlaw Environmental Services, LaPorte, TX ...... 4 12/31/1996 11409±N ...... Pure Solve, Inc., Irving, TX ...... 4 12/31/1996 11411±N ...... National Propane Gas Association, Arlington, VA ...... 1, 3 11/30/1996 11442±N ...... Union Tank Car Co., East Chicago, IN ...... 4 12/31/1996 11443±N ...... Hercules Inc., Wilmington, DE ...... 4 11/30/1996 11450±N ...... Coast Gas Inc., Bakersfield, C ...... 4 12/31/1996 11465±N ...... Monsanto Co., St. Louis, MO ...... 4 11/30/1996 11466±N ...... Monsanto Co., St. Louis, MO ...... 4 12/31/1996 11470±N ...... North East Chemical Corp., Cleveland, OH ...... 4 11/30/1996 11491±N ...... P.M. Industrial Gas Ltd., Georgetown ...... 1 11/01/1996 11505±N ...... Manchester Tank, Brentwood, TN ...... 4 11/01/1996 11511±N ...... Brenner Tank Inc., Fond du Lac, WI ...... 4 11/30/1996 11523±N ...... Bio-Lab, Inc., Conyers, GA ...... 4 11/30/1996 11527±N ...... Technical Service Co., Long Beach, CA ...... 4 11/30/1996 11537±N ...... Babson Bros. Co., Romeoville, IL ...... 4 11/30/1996 11538±N ...... Process Engineering, Plaistow, NH ...... 4 11/30/1996 11540±N ...... Convenience Products, Fenton, MO ...... 1 11/30/1996 11541±N ...... Kaiser Compositek, Brea, CA ...... 3 11/30/1996 11542±N ...... Sunrise Supply Enterprises, Ltd., Albuquerque, NM ...... 4 11/30/1996 11559±N ...... Japan Oxygen, Inc., Long Beach, CA ...... 4 11/30/1996 11561±N ...... Solkatronic Chemicals, Fairfield, NJ ...... 4 11/30/1996 11565±N ...... C.P.F. Dualam Inc., Gatesville, TX ...... 4 11/30/1996 11572±N ...... North American Biologicals, Inc., Miami, FL ...... 4 11/30/1996 11578±N ...... General Alum & Chemical Co., Searsport, MA ...... 4 11/15/1996 11583±N ...... Alaska Railroad Corp., Anchorage, AL ...... 4 12/31/1996 11586±N ...... Chem Coast Inc., La Porte, TX ...... 4 11/15/1996 11591±N ...... Clearwater Distributors, Inc., Woodridge, NY ...... 4 12/31/1996 11592±N ...... Amtrol Inc., West Warwick, RI ...... 4 12/31/1996 11593±N ...... Johnson & Johnson, Skillman, NJ ...... 4 11/01/1996 11597±N ...... Zeneca, Inc., Wilmington, DE ...... 4 11/30/1996 11598±N ...... Metalcraft Inc., Baltimore, MD ...... 4 12/31/1996 11599±N ...... Haviland Products Co., Grand Rapids, MI ...... 1 12/31/1996 11606±N ...... Safety-Kleen Corp., Elgin, IL ...... 4 12/31/1996 11609±N ...... Rubbermaid Commercial Products Inc., Winchester, VA ...... 4 12/31/1996 11615±N ...... Allied-Signal Aerospace Co., Kansas City, MO ...... 4 13/31/1996 11621±N ...... Aerojet Industrial Products, North Las Vegas, NV ...... 4 12/31/1996 11622±N ...... Monsanto Co., St. Louis, MO ...... 4 11/01/96 11625±N ...... Exxon Chemical Co., Baytown, TX ...... 4 12/31/96 11626±N ...... DeVilbiss Health Care, Inc., Ft. Pierce, FL ...... 4 11/01/96 11627±N ...... Cabot Corporation, Revere, PA ...... 4 12/31/96 11631±N ...... Health Care Incinerators, Fargo, ND ...... 4 12/31/96 11644±N ...... United States Can Company, Elgin, IL ...... 4 1/31/97 11645±N ...... Chemical Products Corp., Cartersville, GA ...... 4 1/31/97 11646±N ...... Barton Solvents Inc., Des Moines, IO ...... 4 1/31/97 11647±N ...... Taylor-Wharton Co., Harrisburg, PA ...... 4 1/31/97 11648±N ...... Ill. Dept. of Nuclear Safety, Springfield, IL ...... 4 1/31/97 11649±N ...... VTG USA, Inc., West Chester, PA ...... 4 1/31/97 11653±N ...... Phillips Petroleum Co., Bartlesville, OK ...... 4 1/31/97 11654±N ...... Hoechst Celanese Corp., Dallas, TX ...... 4 1/31/97 11662±N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 1/31/97 11663±N ...... Pfizer Inc., Groton, CT ...... 4 1/31/97 11664±N ...... Breed Technologies, Inc., Lakeland, FL ...... 4 1/31/97 11666±N ...... UCar International Inc., Danbury, CT ...... 4 1/31/97 11667±N ...... Weldship Corp., Bethlehem, PA ...... 4 2/15/97 11668±N ...... AlliedSignal, Inc., Morristown, NJ ...... 4 2/15/97 11669±N ...... Ciba-Geigy Corp., Tarrytown, NJ ...... 4 2/15/97 11670±N ...... Oilphase Sampling Services Limited, Dye, Aberdeen, Scotland ...... 4 2/15/97 11671±N ...... Matheson Gas Products, Secaucus, NJ ...... 4 2/15/97 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Notices 54489

MODIFICATIONS TO EXEMPTIONS

Rea- Estimated Application No. Applicant son for date of com- delay pletion

4354±M ...... PPG Industries, Inc., Pittsburgh, PA ...... 4 11/30/1996 5493±M ...... Montana Sulphur & Chemical Co., Billings, MT ...... 4 11/30/1996 6117±M ...... Montana Sulphur & Chemical Co., Billings, MT ...... 4 11/30/1996 8556±M ...... Air Products & Chemicals, Inc., Allentown, PA ...... 4 12/31/1996 9184±M ...... The Carbide/Graphite Group, Inc., Louisville, KY ...... 4 12/31/1996 9706±M ...... Taylor-Wharton, Harrisburg, PA ...... 4 12/31/1996 9778±M ...... Western Atlas International, Houston, TX ...... 4 12/31/1996 9909±M ...... Taylor-Wharton, Harrisburg, PA ...... 4 12/31/1996 9926±M ...... Implementos Agricolas LaLa, S.A., S.A. Durango, ME ...... 4 12/31/1996 10511±M ...... Schlumberger Technology Corporation, Houston, TX ...... 4 12/31/1996 10517±M ...... Nalco Chemical Co., Naperville, IL ...... 4 11/30/1996 10962±M ...... International Compliance Center Ltd., Niagara Falls, NY ...... 4 12/31/1996 11005±M ...... Pressure Technology, Inc., Hanover, MD ...... 4 12/31/1996 11055±M ...... Rollis Chempak Inc., Wilmington, DE ...... 4 11/30/1996 11055±M ...... Rollins CHEMPAK Inc., Wilmington, DE ...... 4 11/30/1996 11058±M ...... Spex Certiprep Inc., Metuchen, NJ ...... 4 12/31/1996 11171±M ...... Dart Container Corp. of PA, Leola, PA ...... 4 12/31/1996 11248±M ...... HAZMATPAC, Houston, TX ...... 4 11/30/1996 11321±M ...... E.I. du Pont de Nemours & Company, Inc., Wilmington, DE ...... 4 11/30/1996

[FR Doc. 96–26746 Filed 10–17–96; 8:45 am] BILLING CODE 4910±60±M 54490

Corrections Federal Register Vol. 61, No. 203

Friday, October 18, 1996

This section of the FEDERAL REGISTER DEPARTMENT OF ENERGY Wednesday, October 9, 1996, the docket contains editorial corrections of previously line should read as set forth above. published Presidential, Rule, Proposed Rule, Federal Energy Regulatory and Notice documents. These corrections are Commission BILLING CODE 1505±01±D prepared by the Office of the Federal Register. Agency prepared corrections are [Docket No. RP96-398-000] issued as signed documents and appear in DEPARTMENT OF TRANSPORTATION the appropriate document categories Transwestern Pipeline Company; elsewhere in the issue. Notice of Proposed Changes in FERC Office of the Secretary Gas Tariff 48 CFR Part 1212 Correction DEPARTMENT OF ENERGY In notice document 96–25852 RIN 2105-AC-59 appearing on page 52935 in the issue of Federal Energy Regulatory Wednesday, October 9, 1996, the docket Commission Revision of Department of line should read as set forth above. Transportation Regulations; BILLING CODE 1505±01±D Correction [Docket No. RP97-9-000] Correction Koch Gateway Pipeline Company; DEPARTMENT OF ENERGY Notice of Proposed Changes in FERC In rule document 96–25884 appearing Gas Tariff Federal Energy Regulatory on page 53677 in the issue of October Commission 15, 1996, make the following correction: Correction [Docket No. RP96-400-000 and RP89-183- PART 1212Ð[CORRECTED] In notice document 96–25856 064] appearing on page 52930 in the issue of Williams Natural Gas Company; Notice On page 53677, in the third column, Wednesday, October 9, 1996, the docket in amendatory instruction 10., remove line should read as set forth above. of Proposed Changes in FERC Gas Tariff the period (.) after ‘‘above’’ and insert ‘‘, BILLING CODE 1505±01±D and the part is removed and reserved.’’ Correction BILLING CODE 1505±01±D In notice document 96–25854 appearing on page 52936 in the issue of federal register October 18,1996 Friday Combined IncomeandRent;FinalRule 24 CFRPart5,etal. Office oftheSecretary Development Housing andUrban Department of Part II 54491 54492 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND a collection of information unless the expenses and excessive travel expenses, URBAN DEVELOPMENT collection displays a valid control as required by section 103(a)(2) of the number. 1992 HCD Act. Finally, the interim rule Office of the Secretary made two technical corrections to II. The April 5, 1995 Interim Rule HUD’s existing regulations at 24 CFR 24 CFR Parts 5, 200, 236, 813, 913, 950, On April 5, 1995 (60 FR 17388), HUD parts 236 and 913. The April 5, 1995 and 960 published for public comment an interim rule described in detail the [Docket No. FR±3324±F±04] interim rule amending HUD’s amendments to HUD’s regulations. regulations governing public housing, RIN 2501±AB61 Indian housing, Section 8 housing, and III. Summary of Changes to the April 5, other assisted housing programs by 1995 Interim Rule Combined Income and Rent adding nine exclusions to the definition The public comment period on the AGENCY: Office of the Secretary, HUD. of annual income. Specifically, the interim rule expired on June 5, 1995. A ACTION: Final rule. interim rule excluded from annual total of 12 comments were received. income the following: (1) Resident This final rule makes one change in SUMMARY: On April 5, 1995 (60 FR service stipends; (2) adoption assistance response to public comment. 17388), HUD published an interim rule payments in excess of $480 per adopted Specifically, it amends the exclusion on amending its regulations governing child; (3) student financial assistance; compensation received from State or public housing, Indian housing, and (4) earned income of full-time students, local job training programs to cover only assisted housing programs by adding except the family head or spouse, in incremental increases in income. HUD nine exclusions to the definition of excess of $480 per student; (5) adult also determined that it was necessary to annual income. The interim rule also foster care payments; (6) compensation make several other revisions to the April added provisions that implement a from State or local job training programs 5, 1995 interim rule. For example, this statutory change to the definition of and training of resident management rule consolidates and streamlines the adjusted income for the Indian housing staff; (7) property tax rebates; (8) nearly identical requirements of 24 CFR program, and made two technical homecare payments for parts 813 and 913. This rule also revises corrections to the existing regulations. developmentally disabled children or the definitions of the terms This rule finalizes the policies and adult family members; and (9) deferred ‘‘dependent’’ and ‘‘child care expenses.’’ procedures set forth in the April 5, 1995 periodic amounts of supplemental The following section of the preamble interim rule and takes into security income and social security describes the changes made by this final consideration the public comments benefits received in a lump sum or in rule to the April 5, 1995 interim rule. received on the interim rule. Further, periodic amounts. The change made in response to public this rule consolidates the nearly With regard to the first eight comment is discussed in section V of identical provisions of 24 CFR parts 813 exclusions to the definition of income, this preamble, which presents a and 913 into a new subpart F of part 5. the Secretary merely exercised the summary of the significant issues raised discretion conferred upon him to define EFFECTIVE DATE: November 18, 1996. by the public commenters on the April family income by section 3(b)(4) of the FOR FURTHER INFORMATION CONTACT: For 5, 1995 interim rule, and HUD’s U.S. Housing Act of 1937 (42 U.S.C. responses to these comments. Section VI Public Housing, Section 8 Certificates, 1437 et seq.) (the 1937 Act), section of the preamble discusses recent Vouchers and Moderate Rehabilitation: 101(c)(2) of the Housing and Urban statutory requirements established by Linda Campbell, Room 4206, telephone Development Act of 1965 (12 U.S.C. the Balanced Budget Downpayment Act, number (202) 708–0744; For Native 1701s(c)(2)), and section 236(m) of the I (Pub. L. 104–99, approved January 26, American Programs: Deborah National Housing Act (12 U.S.C. 1701 et 1996). Finally, section VII describes a Lalancette, Room B–133, telephone seq.). HUD believes these exclusions are correction made by this rule to the number (202) 755–0088; For Housing: essential for achieving its goals of authority citations in 24 CFR part 5. Barbara D. Hunter, Room 6182, ensuring economic opportunity, telephone number (202) 708–3944; empowering the poor and expanding IV. Changes to the April 5, 1995 Interim Department of Housing and Urban affordable housing. Rule Development, 451 Seventh Street SW, The ninth exclusion to the definition Washington, DC 20410. Hearing- or of annual income was statutorily A. Parts 215 and 236 speech-impaired individuals may access mandated. Section 103(a)(1) of the In response to President Clinton’s these telephone numbers by calling the Housing and Community Development regulatory reform initiative, HUD Federal Information Relay Service TTY Act of 1992 (Pub. L. 102–550, approved conducted a page-by-page review of its at 1–800–877–8339. (Except for the October 28, 1993) (1992 HCD Act) regulations to determine which could be ‘‘800’’ number, these telephone numbers amended section 3(b)(4) of the 1937 Act eliminated, consolidated, or otherwise are not toll-free.) to exclude from annual income, ‘‘any improved. As a result of this review, SUPPLEMENTARY INFORMATION: amounts which would be eligible for HUD, in a separate rulemaking, has exclusion under section 1613(a)(7) of removed 24 CFR part 215 and subpart I. Paperwork Reduction Act the Social Security Act (42 U.S.C. A of 24 CFR part 236. (61 FR 14396, The information collection 1382b(a)(7)).’’ Section 1613(a)(7) of the April 1, 1996.) requirements contained in §§ 5.607 and Social Security Act covers deferred Part 215 codified HUD’s Rent 5.617 of this rule have been approved by periodic payments received in a lump Supplement Payments Program. New the Office of Management and Budget in sum or in prospective monthly amounts rent supplement contracts were no accordance with the Paperwork from supplemental security income longer authorized under the program. Reduction Act of 1995 (44 U.S.C. 3501– (SSI) and social security benefits. Accordingly, HUD has removed these 3520), and assigned OMB control The April 5, 1995 interim rule also obsolete provisions from title 24 of the numbers 2502–0204 and 2577–0083. An amended the definition of adjusted Code of Federal Regulations. All of the agency may not conduct or sponsor, and income for Indian Housing programs by existing projects and rent supplement a person is not required to respond to allowing a deduction for both child care contracts remain subject to the part 215 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54493 regulations through a savings clause 960. Part 960 sets forth HUD’s Accordingly, HUD has decided not to contained in new § 200.1301. requirements for the admission to, and include these provisions in subpart F of Part 236 pertains to Mortgage occupancy of, public housing. Section 24 CFR part 5. However, new § 5.613 Insurance and Interest Reduction 960.208 repeats the utility contains a savings clause which states Payments for Rental Projects. A reimbursement provisions currently that the total tenant payment phase-in moratorium on the issuance of located in 24 CFR part 913. This final provisions will continue to be commitments to insure new mortgages rule amends § 960.208 to cross-reference applicable to public housing families under part 236 was imposed on January to the consolidated requirements of new whose initial lease was effective before 5, 1973. HUD has therefore removed § 5.615. August 1, 1982. subpart A of part 236 and replaced it This rule also removes provisions 2. Updated Introduction to the which merely repeat statutory language with a savings clause. Definition of Annual Income The April 5, 1995 interim rule and replaces them with a citation to the amended 24 CFR part 215 and subpart HUD’s definition of ‘‘annual income’’ specific statutory section. It is A of 24 CFR part 236 to add the nine is currently set forth at §§ 813.106 and unnecessary to repeat statutory new exclusions to annual income. Due 913.106, and is consolidated by this rule requirements in the CFR, since these to HUD’s regulatory reform efforts, this at § 5.609. This final rule updates and requirements are otherwise accessible rule finalizes these amendments by clarifies the introductory paragraph of and binding. Furthermore, regulatory establishing new §§ 200.1303 and 236.3. this definition, which presents an provisions which reiterate statutory These new sections make the annual overview of annual income. For language must be updated each time income exclusions established by this example, the revised introductory text Congress amends the statute. final rule applicable to those program now states that annual income includes Accordingly, this final rule replaces the participants still subject to the amounts ‘‘monetary or not’’ that go to total tenant payment provisions located requirements of 24 CFR part 215 and ‘‘or on behalf of’’ a family member and at paragraph (a) of §§ 813.107 and subpart A of 24 CFR part 236. are received ‘‘from a source outside the 913.107, and now consolidated at family.’’ These revisions do not signify § 5.613, with a cross-reference to the B. Consolidating Parts 813 and 913 a change in HUD’s policy. Rather, the identical language in the 1937 Act. 1. Consolidation of Regulatory changes reflect the interpretation of This rule also eliminates unnecessary Requirements annual income under which HUD and repetition by removing the definitions of Public Housing Agencies (PHAs) are terms that are already defined in the The provisions of 24 CFR parts 813 currently operating. Since the original 1937 Act or in part 5 and replacing them and 913 are virtually identical. These publication of parts 813 and 913, HUD’s with simple cross-references. two parts establish the definitions of day-to-day administration of these ‘‘annual income’’, ‘‘adjusted income’’, regulatory requirements has resulted in 4. Nonapplicability to HUD’s Indian and ‘‘total tenant payment’’, along with the clarification and interpretation of Housing Regulations other related definitions and the definition of annual income. The New 24 CFR part 5, subpart F does requirements for assistance under the changes made by this final rule merely not incorporate the similar requirements 1937 Act. Part 813 applies to assistance update the definition to incorporate for HUD’s Indian housing programs. The administered under Section 8 of the these clarifications. Indian housing provisions continue to 1937 Act. The requirements of part 913 be set forth in 24 CFR part 950. apply to HUD’s public housing 3. Elimination of Unnecessary programs. On February 9, 1996 (61 FR Regulatory Provisions C. Revised Definitions of the Terms 5198), HUD, as part of its continuing This rule also removes redundant or ‘‘Child Care Expenses’’ and regulatory-reform efforts, published a obsolete regulatory provisions from 24 ‘‘Dependent’’ final rule creating a new 24 CFR part 5. CFR parts 813 and 913. For example, This final rule also revises the HUD established part 5 to set forth those although parts 813 and 913 originally definitions of the terms ‘‘dependent’’ requirements which are applicable to became effective on July 1, 1984, HUD and ‘‘child care expenses.’’ These one or more program regulations. On chose to delay implementation of the amendments are necessary to clarify the February 13, 1996 (61 FR 5662), HUD definitions of ‘‘annual income’’ and exclusions to annual income established published a final rule consolidating 24 ‘‘adjusted income’’ until October 1, by the April 5, 1995 interim rule. CFR parts 812 and 912 in a new subpart 1984. Accordingly, §§ 813.110 and Sections 813.102, 913.102, and D to part 5. Parts 812 and 912 described 913.110 set forth extensive transition 950.102 currently define the term nearly identical general requirements provisions concerning the initial ‘‘adjusted income’’ to mean annual for assistance under the 1937 Act. As implementation of these definitions. income less certain specified was the case with parts 813 and 913, These provisions have become obsolete deductions. One of the permitted these requirements were originally set and are not included in new 24 CFR deductions is for ‘‘child care expenses’’ forth in separate parts of title 24 part 5, subpart F. necessary to enable a family member to designated for different forms of Paragraphs (b) and (c) of § 913.107 set be gainfully employed or to further his assistance under the 1937 Act. forth the total tenant payment or her education. The amount deducted, This final rule takes the next logical provisions for public housing families however, may not exceed the amount of step in HUD’s regulatory reinvention whose initial lease was effective before income received from the employment efforts by consolidating parts 813 and August 1, 1982. These regulatory made possible by the child care 913 in a new subpart F to 24 CFR part provisions require the gradual phasing- expense. 5. Consolidation of these provisions in in of the total tenant payment The April 5, 1995 interim rule part 5 will eliminate redundancy in title established in 24 CFR 913.107(a) for amended the definition of annual 24 and assist in HUD’s efforts to public housing families whose initial income to exclude earned income of streamline the content of its regulations. lease was effective before August 1, full-time students, other than the family As a result of the consolidation of 1982. There is a very small number of head or spouse, in excess of $480. parts 813 and 913, this final rule makes public housing families to whom these Under the current regulations an a conforming amendment to 24 CFR part phase-in provisions might still apply. employed full-time student would be 54494 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations able to deduct the full amount of the These exclusions are designed to benefit or resident from dependence to total earned income made possible by a child working families and families in independence. The initial 50% care expense, despite the fact that most transition from welfare to work. Many of exclusion when added to the other of these earnings are already excluded the exclusions are temporary in nature, income sources could equal a 110% from annual income. This final rule and others exclude only a portion of the exclusion. amends the definition of ‘‘child care family’s income, with the remainder HUD Response. The suggested expenses’’ to limit the deduction to the being considered in determining rent. method is not in keeping with HUD’s amount of employment income that is goals of both assisting families and 2. Administration of the Rule Presents included in annual income. providing HAs with less regulation. The rule makes a second change to Difficulties Additionally, such a formula would be the definition of ‘‘child care expenses.’’ Comment. One commenter believed administratively burdensome. As explained above, the only child care the April 5, 1995 interim rule created 4. Rule Should Take Short-Term expenses which are currently excluded administrative difficulties by not Employment Into Account from annual income are those which specifying that HAs implement the rule permit a family member to be gainfully in the course of their normal annual Comment. One of the commenters employed or to further his or her review cycles. The commenter believed the April 5, 1995 interim rule education. This final rule expands the recommended that HUD permit HAs to unfairly penalized tenants taking scope of the definition to include those make any required rental adjustments in advantage of short-term employment child care expenses which are necessary the course of the first regular opportunities, such as those provided in to permit a family member to actively reexamination after the final rule’s occasional construction related jobs. seek employment. The revised effective date. The commenter pointed out that these definition will empower low-income The commenter also urged that the opportunities did not fall under either families and broaden the economic effective date of the final rule be set at the interim rule’s definition of resident opportunities which are available to the first day of the month. The April 5, service stipends or employee training them. Specifically, this change will 1995 interim rule had an effective date programs. The commenter provide family members with the of May 5, 1995. The commenter recommended that the interim rule be additional flexibility they may require believed that establishing the effective amended to provide direction to HAs on to obtain gainful employment. date at the first of the month would how to treat income from these types of Family members are also permitted to eliminate the computational problems programs. deduct $480 for each ‘‘dependent.’’ The resulting from the need to prorate a rent HUD Response. One of the goals of definition of ‘‘dependent’’ excludes change for a partial month. this final rule is to foster full-time, long- foster children. This is due to the fact HUD Response. HUD has decided not term employment by supporting a that child foster care payments are to adopt the commenter’s suggestions. number of efforts, primarily training and already excluded from annual income. If Like the interim rule, this final rule education. Short-term employment only HUD were to treat foster children as requires that HAs amend their policies continues the dispiriting welfare-work- dependents, a family would be able to to incorporate all the required changes, welfare cycle HUD has observed for deduct the foster child payments which and that HAs must then make whatever many residents. HUD hopes that this are already excluded from annual retroactive adjustments are necessary for rule will assist HAs in adding a training income. The April 5, 1995 interim rule families that have applied, been component to their existing efforts to excluded adult foster care payments admitted, or been reexamined since the create employment opportunities for from the definition of annual income. rule’s effective date. Historically, HUD residents. In many cases, only through However, HUD inadvertently failed to has implemented all changes to the additional training and education will amend the definition of ‘‘dependent’’ to definition of income in such a manner, long-term employment become a viable exclude foster adults. This final rule so that the maximum benefit of the option. corrects the oversight. changes are realized. However, HAs have the discretion to 5. Rule Should Not Apply to Section 8 V. Discussion of Public Comments on apply the exclusions to rent paid as of Housing the April 5, 1995 Interim Rule June 1, 1995 when determining Comment. One commenter believed A. General Comments on the Interim retroactive payments. Since the April 5, that the income exclusions established Rule 1995 interim rule was effective May 5, by the April 5, 1995 interim rule should 1995, it is reasonable for HAs to make not apply to Section 8 housing. The 1. Rule Will Reduce Revenue adjustments to rent as of June 1, 1995. commenter pointed out that public Comment. Two commenters were housing is not profit driven and the concerned about the drop in rent- 3. Formula Should Be Used To operating income is determined by generated revenue Public Housing Determine Income Exclusion tenant rent and performance funding Agencies (PHAs) and Indian Housing Comment. One of the commenters subsidy. The commenter stated that Authorities (IHAs) (collectively referred believed that the April 5, 1995 interim Section 8 housing is profit driven and to as HAs) would experience as a result rule should be revised to include an not dependent on tenant income. of the April 5, 1995 interim rule. The income exclusion formula. The According to the commenter, this commenters believed that the overall commenter believed that such a formula difference justifies denying the income effect of the rule would be to reduce HA could allow an initial fifty percent exclusions to Section 8 housing revenue. (50%) exclusion for income affiliated residents. HUD Response. HUD recognizes that with each exclusionary item, but have HUD Response. The objective of this in the short-term, these exclusions will each of the remaining sources of income rule is to assist low income families. reduce the revenues an HA receives tied to weighted percentages. The Accordingly, as the rule is directed to from rent. HUD believes that any short- commenter suggested that the families and not programs, it would be term loss in rental income will be offset percentages be established according to inappropriate to limit benefits based on by the long-term benefits of retaining the value of the subsidy in its the program in which a family is higher income families in occupancy. importance toward elevating the tenant assisted. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54495

B. Comments on Specific Income $200 limit was established because, adoption subsidy payments. The Exclusions based on existing minimum wage rates commenter also suggested that HUD and standard definitions of full-time modify the definition of ‘‘dependent’’ to 1. Resident Service Stipend and part-time employment, if a exclude ‘‘children for whom the family Comment. The April 5, 1995 interim development is paying a stipend in receives an adoption subsidy payment’’, rule provided for the exclusion of excess of $200 a month it may need to as well as foster children. resident service stipends from annual determine whether a wage-employment Another commenter feared that the income. However, the rule limited the arrangement would be more appropriate adoption assistance exclusion lent itself exclusion to stipends that did not than a stipend-for-service one. Further, to abuse by unscrupulous persons who exceed $200 per month. Furthermore, HUD wishes to encourage all residents might adopt multiple children as a the interim rule permitted only one to contribute positively to their means of obtaining extra income. This resident service stipend per family community, even if the residents are commenter believed the exclusion member. members of one family. should be limited to one adopted child One commenter wrote that the interim In response to the commenter who per family. rule’s resident service stipend believed the resident stipend exclusion The second commenter also believed provisions created contradictory was vague, HUD notes that it is the that the adoption assistance exclusion incentives for families. The commenter responsibility of the individual HAs to was vague concerning necessary believed the provision was over- establish such matters as whether a documentation. The commenter inclusive because it encouraged a single contract is required for resident services suggested that the interim rule be family to accumulate as many and whether board members qualify for amended to list the documents required deductible ‘‘stipend’’ positions as family payment for such services. for verification of the adoption members. On the other hand, the The resident stipend exclusion has assistance payments. commenter believed the provision was successfully been in effect since its HUD Response. Adopted children under-inclusive because it penalized inclusion in a final rule published by already receive a $480 dependent individual residents who provided part- HUD on August 24, 1994 (59 FR 43622). deduction when adjusted income is time services for which appropriate The April 5, 1995 interim rule only calculated for purposes of determining compensation might have exceeded made a technical correction to the rent. If the remaining $480 of earned $200 per month. The commenter resident stipend income exclusion, income is excluded from annual suggested that the interim rule be expanding the scope to include all income, the net effect, per adopted amended to permit the first $200 of any residents and not just resident leaders. child, would no longer be $0, but rather resident service stipend to qualify for Further, HUD wishes to note that would become $(480). Further, HUD the exclusion. The commenter also felt neither the April 5, 1995 interim rule does not believe that, in most instances, the one stipend per family member nor this final rule modify the existing $480 will change whether or not a limitation was ‘‘unnecessarily exclusion of income earned by children family is eligible under the existing restrictive’’ and ‘‘administratively (including foster children) under 18 income limits. Also, HUD has little burdensome.’’ years of age. discretion to change the definition of A second commenter believed the 2. Adoption Assistance dependent, as the definition of adjusted resident service stipend exclusion was income is statutory. vague. The commenter wrote that the Comment. The April 5, 1995 interim In response to the second commenter, interim rule neglected to address exactly rule excluded payments received for the it is the responsibility of the family how the resident service stipend would care of adopted children to the extent social service agency to ensure that the be documented. The commenter that the payments exceeded $480 per family adopting the child is able to care wondered whether a contract would be adopted child. One commenter believed for the child appropriately, and is not required for the resident service and this provision discouraged adoption. merely adopting the child for some whether board members would qualify Specifically, the commenter pointed out monetary gain. Limiting the exclusion to for payment of services. that the April 5, 1995 interim rule, one adopted child per family could HUD Response. The intent of the when read in conjunction with HUD’s potentially cause problems, especially resident service stipend exclusion is to definition of ‘‘adjusted income’’ at 24 where families are adopting children exclude the stipends received by CFR 813.102 and 913.102, treated the who are siblings who need to remain residents for performing a service, on a family with adopted children and the together. part-time basis, that enhances the otherwise identical family with foster Finally, adoption assistance payments quality of life in a housing development. children as having the same ‘‘adjusted are well documented and therefore Such services include, but are not income’’ and, therefore, required both to easily verified. In situations where limited to: fire patrol, hall monitoring, pay the same rent. However, the residents do not provide the HA with lawn maintenance, resident initiatives commenter also noted that for the the necessary documentation needed for coordination, etc. purpose of determining whether the verification, it is the responsibility of The parameters of the exclusion (i.e., family qualified for eligibility as a ‘‘low the HA to take appropriate action until the $200 limitation, the one exclusion income’’ or ‘‘very low income’’ family such information is provided. per family member restriction, and under §§ 813.105 or 913.105, or whether permitting the exclusion for as many the family qualified for a rent-hardship 3. Full-Time Student Earned Income family members that are eligible) were preference under §§ 960.215 or 982.213, Comment. The April 5, 1995 interim developed to ensure that the exclusion the first $480 of adoption subsidy rule established an exclusion for income is utilized by residents who are truly payments would have been included in earned by full-time students similar to performing a service for the annual income whereas the first $480 of the exclusion for adoption assistance development, and not actually working foster-care payments would have been payments. Specifically, the interim rule for the development without the excluded from annual income. excluded earnings in excess of $480 for benefits of legitimate employment The commenter recommended that each full-time student 18 years of age or (compensation based on wage rates, the April 5, 1995 interim rule be older, excluding the head of household benefits, tax contributions, etc.). The amended to exclude the full amount of and spouse. The same commenter who 54496 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations believed adoption assistance should be training programs. The commenter interim rule only made technical completely excluded from income wrote noted that a tenant’s entitlement corrections to this exclusion. to advocate the total exclusion of full- subsidies could be discontinued due to 6. Employment Training Under Section time student earned income. This the income received from the on-the-job 515(b) of the NAHA commenter made the recommendation training or apprenticeship program. In for the same reasons that it urged such cases, these tenant rents could Comment. One commenter questioned exclusion of adoption assistance. drop to $0. The commenter the logic of the exclusion set forth by Another commenter believed that the recommended that the April 5, 1995 the interim rule at 24 CFR full-time student earned income interim rule be amended to state that 913.106(c)(13) (now 24 CFR exclusion should be limited by rents will be frozen at the amount 5.609(c)(13)) and paragraph (2)(xiii) of establishing an age eligibility charged at the time of entry into the the definition of ‘‘Annual Income’’ in requirement. The commenter feared that training program. § 950.102. This exclusion implements an open-ended exclusion easily lent Another commenter wrote that the section 515(b) of the National itself to abuse by persons seeking exclusion should be modified in order Affordable Housing Act of 1990 additional income. The commenter to prevent abuse by tenants seeking to (NAHA). Section 515(b) excludes from pointed out that many health insurance unscrupulously accumulate income. annual income the earnings and benefits policies contain such a requirement by Specifically, the commenter suggested resulting from programs providing limiting coverage to students 25 years of that the exclusion be amended to employment training in accordance age or younger. contain either a limitation on the with the Family Support Act of 1988, Another commenter believed that in number of training programs in which a section 22 of the 1937 Act, or any order to ‘‘eliminate needless family is permitted to participate and comparable Federal, State, or local law. consternation and controversy’’ the still qualify for an exclusion, or a time Section 515(b) excludes training income April 5, 1995 interim rule should be limitation beyond which the exclusion for the period of the program, plus a amended to define ‘‘full time student.’’ would no longer apply. running 18 month period starting at the HUD Response. In response to the HUD Response. HUD has adopted the point the family member begins his or commenter who recommended total suggestion made by the first commenter. her first job after completing the exclusion of full-time student earned The exclusion on compensation from program. The commenter wrote that by income, HUD reiterates its response State and local job training programs extending the exclusion period beyond above to the suggestion that adoption has been amended to exclude only the twelve months customarily utilized assistance payments be completely incremental increases in income for rent determination, the interim rule excluded. Like adopted children, full- resulting from the training program. In overly complicated the administration time students, who are not the family most cases this will have the effect of of the exclusion. head or spouse, already receive a $480 freezing the rent at the amount charged HUD Response. HUD has not adopted dependent deduction for rent at the start of the job training program. the recommendations made by this determination purposes. HUD has also In addition to addressing the concerns commenter. As described above, the 18 not adopted the other two comments. raised by the commenter, this revision month exclusion period is prescribed by HUD will not unnecessarily limit the will assure that this income exclusion is statute and HUD has no authority to benefit of this exclusion by imposing an not more generous than that established adjust the length of the exclusion. HUD age restriction. Further, the definition of by section 515(b) of the NAHA. The wishes to clarify several matters relating ‘‘full-time student’’ can be found in new provisions of this final rule which to this exclusion. First, the exclusion is 24 CFR 5.603. implement section 515(b) limit the separate from the State and local job exclusion to incremental increases in training program exclusion described 4. Adult Foster Care Payments earnings and benefits. previously in this preamble. Secondly, Comment. One commenter urged that HUD has also made several clarifying the provisions of this final rule which the exclusion of adult foster care changes to the exclusion on income implement section 515(b) of the NAHA payments should be limited to a small received as a result of a State or local apply only to HUD’s public housing and number of adults per household. job training program. First, this final Indian housing programs. Further, the According to the commenter, this would rule clarifies that the exclusion applies exclusion applies only to those job prevent the warehousing of large to all State and local job training training programs which meet the numbers of adults in rooming houses programs, including training programs criteria set forth in those implementing with minimal service to foster care cases that are not affiliated with a local regulatory provisions. Finally, the and maximum profits to providers. government. Further, this rule clarifies exclusion only covers incremental HUD Response. HUD has not adopted that the exclusion only covers income increases in income resulting from the comment. The issue raised by the received during the period of the job participation in the job training commenter is more of an occupancy and training program. program. space standards issue than one HUD has not adopted the 7. Property Tax Rebates concerning the definition of annual recommendations made by the second income. Any limitation on the number commenter. HUD believes that the Comment. One of the commenters of foster adults is at the discretion of the limitations suggested by this commenter wrote that the property tax rebate HA. The HA has certain controls over would be over-regulation that would exclusion was in need of clarification. who is, and is not, permitted to live in defeat the exclusion’s intent of assisting The commenter noted that the preamble a unit. families in transition from welfare to to the April 5, 1995 interim rule referred work. to an exclusion of rent ‘‘credits.’’ (60 FR 5. State or Local Job Training Program HUD wishes to note that the job- 17388, 17389). However, the commenter Compensation training program exclusion applies only also pointed out that the regulatory Comment. One of the commenters to its public housing and section 8 language made no mention of rent was concerned about the reduction in programs. This exclusion has credits, but referred to amounts received revenue resulting from the exclusion of successfully been in effect since by the family in the form of ‘‘refunds or compensation from State or local job September 23, 1994. The April 5, 1995 rebates.’’ Since rent credits are not the Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54497 same as property tax rebates, the annual income ‘‘any amounts which income can have longer lasting effect. commenter believed greater definition would be eligible for exclusion under The Secretary exercised this authority in was needed in order for the exclusion to section 1613(a)(7) of the Social Security publishing the August 30, 1996 interim be applied correctly. Act.’’ The amounts referred to are rule. New subpart F to 24 CFR part 5 Two commenters believed the tax deferred periodic amounts from incorporates the interim amendment to rebate exclusion was overly broad, and supplemental security income and part 913 at § 5.609(d). permitted tenants to benefit from social security benefits. Deferred In the interest of obtaining the fullest improperly received rebates. The periodic amounts received in a lump participation possible in determining commenters wrote that in certain States, sum or in prospective monthly amounts the factors that should be considered in public housing residents are not eligible from Supplemental Security Income and an HA’s determination to adopt an for tax rebates, because the HAs do not Social Security Benefits are excluded, optional earned income exclusion, HUD pay taxes. Therefore, the commenters because that is what the law provides. welcomes public comment on the recommended that the April 5, 1995 Deferred periodic amounts received in a amendments made by the interim rule. interim rule be amended to include lump sum or prospective monthly The public comment deadline is improperly received rebates in income. amounts from other sources are counted October 29, 1996. The August 30, 1996 HUD Response. HUD wishes to clarify as income because they are not covered interim rule contains a detailed that the property tax rebate exclusion by a statutory exclusion. discussion of the interim amendments applies to tax refunds or rebates. The and provides the address where exclusion does not apply to rent credits. VI. The Balanced Budget Downpayment comments should be submitted. Act, I As the commenter noted, the regulatory VII. Updating the Authority Citations text of the April 5, 1995 interim rule The Balanced Budget Downpayment for 24 CFR Part 5 utilized the term ‘‘refunds or rebates.’’ Act, I (Pub. L. 104–99, approved January This final rule adopts the term without 26, 1996), also known as the Continuing HUD established 24 CFR part 5 to set change. Resolution (CR), contained three forth cross-cutting definitions and HUD decided to implement the tax provisions which impact this final rule. program requirements. Since rebate exclusion in order to support Section 402(a) of the CR provided that publication of the February 9, 1996 final State initiatives designed to benefit low HAs must establish minimum rents, rule establishing subpart A of 24 CFR income families. If, based on State ‘‘[n]otwithstanding sections 3(a) and part 5, HUD has issued additional regulations, individuals are not eligible (8)(o)(2)’’ of the 1937 Act.1 The second rulemakings establishing new subparts for such a benefit, or are receiving the provision, section 402(b) of the CR, to part 5. This final rule, for example, benefit in error, it is the responsibility amended section 3(a)(2) of the 1937 Act creates a new subpart F. The of the State agency administering the to permit HAs to adopt ceiling rents. establishment of these additional program to make the necessary Section 402(c) of the CR amended subparts has caused the original adjustments. section 3(b)(5) of the 1937 Act to permit authority citation set forth in 24 CFR part 5 to become outdated. This final 8. Homecare Payments for the Disabled HAs, at their expense, to establish additional deductions from annual rule updates and corrects the authority Comment. One of the commenters income in deriving adjusted income. citations in 24 CFR part 5. believed the income exclusion for home Section 402(f) of the CR makes all VIII. Findings and Certifications care payments was lacking in clarity. three of the provisions described above The commenter suggested that the April Executive Order 12866, Regulatory effective only for Fiscal Year (FY) 1996. Planning and Review. This final rule 5, 1995 interim rule be amended to With respect to the first two provisions, define the terms ‘‘developmentally was reviewed by the Office of HUD has decided not to amend its Management and Budget (OMB) under disabled children’’ and ‘‘adult family regulations to incorporate these members.’’ Executive Order 12866, Regulatory statutory changes. HUD has Planning and Review. Any changes HUD Response. There is no need for implemented these changes made by the HUD to define these terms, as they are made to the final rule as a result of that CR through other, non-regulatory review are clearly identified in the defined by the State program providing means. the payments. If the family is receiving docket file, which is available for public On August 30, 1996 (61 FR 46344), inspection in the office of the such a payment from the State because HUD published for public comment an a family member meets the criteria of Department’s Rules Docket Clerk, Room interim rule implementing section 10276, 451 Seventh Street SW, the definition, the HA should consider 402(c) of the CR. The August 30, 1996 the family eligible for the exclusion. Washington D.C. interim rule amended 24 CFR parts 913 This final rule was appropriate for 9. Deferred Periodic Amounts of and 950 to permit HAs to establish review under E.O. 12866 because it is a Supplemental Security Income and exclusions to earned income as a means significant regulatory action of HUD but Social Security Benefits of attracting more tenants with earned not an ‘‘economically significant’’ Comment. One of the commenters income. Although section 402(c) of the regulatory action under Executive Order questioned why the April 5, 1995 CR expired at the end of FY 1996 12866. This final rule will not have an interim rule did not also exclude (September 30, 1996), a change made by annual effect on the economy of $100 deferred periodic amounts received in a the Secretary in the definition of income million or more, nor will it adversely lump sum from sources other than permitting an exclusion for earned affect in a material way the economy, a Supplemental Security Income and sector of the economy, productivity, 1 This minimum rent provision was later Social Security Benefits. The amended by section 230 of the Omnibus competition, jobs, the environment, commenter believed this unnecessarily Consolidated Rescissions and Appropriations Act of public health or safety, or State, local, complicated implementation of the rule. 1996 (OCRA) (Pub. L. 104–134, approved April 26, or tribal governments or communities. A HUD Response. This exclusion 1996). Section 230 of OCRA provided that the cost estimate prepared by HUD at the Secretary of HUD may waive the minimum rent implements section 103(a)(1) of the requirement established by section 402 of the CR in interim rule stage concluded that the 1992 HCD Act, which amended section order ‘‘to provide a transition period for affected cost of the amendments would not 3(b)(4) of the 1937 Act to exclude from families.’’ exceed $10 million. A copy of the cost 54498 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations estimate is available for public annual income. With regard to the lump 24 CFR Part 813 inspection in the office of the sum exclusion, the number of lump sum Grant programs—housing and Department’s Rules Docket Clerk at the exclusions in any one project will be community development, Rent above address. minor, and will not significantly impact subsidies, Reporting and recordkeeping Unfunded Mandates Reform Act. The any HA. With regard to the remaining requirements, Utilities. Secretary has reviewed this final rule income exclusions, since HUD will before publication and by approving it supplement any lost rental income from 24 CFR Part 913 certifies, in accordance with the the added exclusions, the exclusions Grant programs—housing and Unfunded Mandates Reform Act of 1995 will not have an economic impact on community development, Public (2 U.S.C. 1532), that this rule does not housing authorities. housing, Reporting and recordkeeping impose a Federal mandate that will requirements. result in the expenditure by State, local, This rule also consolidates the nearly and tribal governments, in the aggregate, identical provisions of 24 CFR part 813 24 CFR Part 950 and 913 in a new subpart F to 24 CFR or by the private sector, of $100 million Aged, Energy conservation, Grant part 5. The consolidation of these or more in any one year. programs—housing and community regulatory requirements merely Environmental Impact. A Finding of development, Grant programs—Indians, eliminates unnecessary repetition from No Significant Impact with respect to Homeownership, Indians, Individuals title 24. New subpart F to 24 CFR part the environment was made at the with disabilities, Lead poisoning, Loan 5 does not affect or establish any interim rule stage in accordance with programs—housing and community substantive policy. Accordingly, it will HUD regulations at 24 CFR part 50, development, Loan programs—Indians, not have an economic impact on small which implement section 102(2)(C) of Low and moderate income housing, entities. the National Environmental Policy Act Public housing, Reporting and of 1969. This Finding of No Significant Catalog of Federal Domestic Assistance. recordkeeping requirements. Impact remains applicable to this final The Catalog of Federal Domestic Assistance rule and is available for public program number(s) are 14.146, 14.147, 14.850 24 CFR Part 960 inspection between 7:30 a.m. and 5:30 and 15.141. Aged, Grant programs—housing and p.m. weekdays in the Office of General community development, Individuals Counsel, the Rules Docket Clerk, Room List of Subjects with disabilities, Public housing. 10276, 451 Seventh Street, SW, 24 CFR Part 5 Accordingly, subtitle A and chapters Washington, D.C. 20410. II, VIII, and IX of title 24 of the Code of Executive Order 12612, Federalism. Administrative practice and Federal Regulations are amended as The General Counsel has determined, as procedure, Aged, Claims, Drug abuse, follows: the Designated Official for HUD under Drug traffic control, Grant programs— section 6(a) of Executive Order 12612, housing and community development, PART 5ÐGENERAL HUD PROGRAM Federalism, that the policies contained Grant programs—Indians, Grant REQUIREMENTS; WAIVERS in this final rule will not have programs—low and moderate income federalism implications and, thus, are housing, Indians, Individuals with 1. The authority citation for 24 CFR not subject to review under that Order. disabilities, Intergovernmental relations, part 5 is revised to read as follows: Specifically, the final rule adds Loan programs—housing and Authority: 42 U.S.C. 3535(d), unless additional exclusions to the definition community development, Low and otherwise noted. of income in the assisted housing moderate income housing, Mortgage Subpart BÐ[Amended] programs. As such, the final rule will insurance, Penalties, Pets, Public not impinge upon the relationship housing, Rent subsidies, Reporting and 2. A new authority citation to subpart between the Federal Government and recordkeeping requirements, Social B is added to read as follows: State and local governments, and the Security, Unemployment compensation, final rule is not subject to review under Authority: 42 U.S.C. 3535(d), 3543, 3544, Wages. and 11901 et seq. the order. Executive Order 12606, The Family. 24 CFR Part 200 Subpart CÐ[Amended] The General Counsel, as the Designated Official under Executive Order 12606, Administrative practice and 3. A new authority citation to subpart The Family, has determined that this procedure, Claims, Equal employment C is added to read as follows: opportunity, Fair housing, Home final rule has potential for significant Authority: 42 U.S.C. 1701r–1 and 3535(d). impact on family formation, improvement, Housing standards, maintenance, and general well-being. Incorporation by reference, Lead Subpart EÐ[Amended] Families will benefit from this final rule poisoning, Loan programs—housing and 4. A new authority citation to subpart by being allowed additional exclusions community development, Minimum E is added to read as follows: from annual income. Accordingly, since property standards, Mortgage insurance, the impact on the family is beneficial, Organization and functions Authority: 42 U.S.C. 1436a and 3535(d). (Government agencies), Penalties, no further review is considered 5. A new subpart F is added to read Reporting and recordkeeping necessary. as follows: Regulatory Flexibility Act. The requirements, Social security, Unemployment compensation, Wages. Subpart FÐIncome Limits, Annual Income, Secretary, in accordance with the Adjusted Income, Rent, and Examinations Regulatory Flexibility Act (5 U.S.C. 24 CFR Part 236 for the Public Housing and Section 8 605(b)) has reviewed and approved this Programs final rule, and in so doing certifies that Grant programs—housing and Sec. this final rule will not have a significant community development, Low and 5.601 Purpose and applicability. economic impact on a substantial moderate income housing, Mortgage 5.603 Definitions. number of small entities. This rule adds insurance, Rent subsidies, Reporting 5.605 Overall income eligibility for nine exclusions to HUD’s definition of and recordkeeping requirements. admission. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54499

5.607 Income limits for admission. (d) The following terms shall have the (2) In cases where a trust fund has 5.609 Annual income. meanings set forth below: been established and the trust is not 5.611 Adjusted income. Adjusted income. See § 5.611. revocable by, or under the control of, 5.613 Total tenant payment. Annual income. See § 5.609. any member of the family or household, 5.615 Utility reimbursements. the value of the trust fund will not be 5.617 Reexamination and verification. Child care expenses. Amounts anticipated to be paid by the family for considered an asset so long as the fund Authority: 42 U.S.C. 1437a, 1437c, 1437d, continues to be held in trust. Any 1437f, 1437n, and 3535(d). the care of children under 13 years of age during the period for which annual income distributed from the trust fund Subpart FÐIncome Limits, Annual income is computed, but only where shall be counted when determining Income, Adjusted Income, Rent, and such care is necessary to enable a family annual income under § 5.609. Examinations for the Public Housing member to actively seek employment, (3) In determining net family assets, and Section 8 Programs be gainfully employed, or to further his PHAs or owners, as applicable, shall or her education and only to the extent include the value of any business or § 5.601 Purpose and applicability. such amounts are not reimbursed. The family assets disposed of by an (a) This subpart establishes amount deducted shall reflect applicant or tenant for less than fair definitions and requirements reasonable charges for child care. In the market value (including a disposition in concerning income limits for admission, case of child care necessary to permit trust, but not in a foreclosure or annual income, adjusted income, total employment, the amount deducted shall bankruptcy sale) during the two years tenant payment, utility allowances and not exceed the amount of employment preceding the date of application for the reimbursements, and reexamination of income that is included in annual program or reexamination, as income and family composition for: income. applicable, in excess of the (1) HUD’s public housing programs, Dependent. A member of the family consideration received therefor. In the including its public housing (except foster children and foster adults) case of a disposition as part of a homeownership programs. other than the family head or spouse, separation or divorce settlement, the (2) Housing assisted under section 8 who is under 18 years of age, or is a disposition will not be considered to be of the United States Housing Act of person with a disability, or is a full-time for less than fair market value if the 1937 (the 1937 Act) (42 U.S.C. 1437f). student. applicant or tenant receives important (i) Section 5.613 (Total tenant Disability assistance expenses. consideration not measurable in dollar terms. payment) and the definitions of ‘‘tenant Reasonable expenses that are Owner has the meaning provided in rent’’ and ‘‘total tenant payment’’ found anticipated, during the period for which the relevant program regulations. As in § 5.603 do not apply to the Section annual income is computed, for 8 Rental Voucher Program. used in this subpart, where appropriate, attendant care and auxiliary apparatus the term ‘‘owner’’ shall also include a (ii) Section 5.615 (Utility for a disabled family member and that reimbursement) and the definition of ‘‘borrower’’ as defined in 24 CFR part are necessary to enable a family member 885. ‘‘utility reimbursement’’ found in (including the disabled member) to be § 5.603 also do not apply to the Section Tenant rent. The amount payable employed, provided that the expenses monthly by the family as rent to the 8 Rental Voucher Program. For the are neither paid to a member of the Voucher Program, in cases where the PHA or owner, as applicable. Where all family nor reimbursed by an outside utilities (except telephone) and other amount of the HAP payment exceeds source. the rent to owner, the excess will be essential housing services are supplied Full-time student. A person who is by the PHA or owner, tenant rent equals paid to the family. carrying a subject load that is (iii) Section 5.607 (Income limits for total tenant payment. Where some or all considered full-time for day students utilities (except telephone) and other admission) does not apply to the under the standards and practices of the Section 8 Rental Voucher and Rental essential housing services are supplied educational institution attended. An by the PHA or owner and the cost Certificate Programs. educational institution includes a (3) Applicants and tenants assisted thereof is not included in the amount vocational school with a diploma or under sections 10(c) and 23 of the 1937 paid as rent, tenant rent equals total certificate program, as well as an Act as in effect before amendment by tenant payment less the utility institution offering a college degree. the Housing and Community allowance. Medical expenses. Medical expenses, Development Act of 1974 (42 U.S.C. Total tenant payment. See § 5.613. including medical insurance premiums, 1410 and 1421b (1970 ed.)). Utility allowance. If the cost of that are anticipated during the period (b) This subpart does not apply to utilities (except telephone) and other for which annual income is computed, HUD’s Indian housing programs. The housing services for an assisted unit is and that are not covered by insurance. analogous rule that applies to Indian not included in the tenant rent but is the housing is located at 24 CFR part 950. Monthly adjusted income. One responsibility of the family occupying twelfth of adjusted income. the unit, an amount equal to the § 5.603 Definitions. Monthly income. One twelfth of estimate made or approved by a PHA or As used in this subpart: annual income. HUD of the monthly cost of a reasonable (a) The terms elderly person, low- Net family assets. (1) Net cash value consumption of such utilities and other income family, person with disabilities, after deducting reasonable costs that services for the unit by an energy- State, and very low-income family are would be incurred in disposing of real conservative household of modest defined in section 3(b) of the 1937 Act property, savings, stocks, bonds, and circumstances consistent with the (42 U.S.C. 1437a(b)). other forms of capital investment, requirements of a safe, sanitary, and (b) The terms 1937 Act and public excluding interests in Indian trust land healthful living environment. housing agency (PHA) are defined in and excluding equity accounts in HUD Utility reimbursement. The amount, if § 5.100. homeownership programs. The value of any, by which the utility allowance for (c) The terms disabled family, elderly necessary items of personal property the unit, if applicable, exceeds the total family, family, and live-in aide are such as furniture and automobiles shall tenant payment for the family defined in § 5.403. be excluded. occupying the unit. 54500 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

Welfare assistance. Welfare or other of potential applicants who are very or intended to be sold to public housing payments to families or individuals, low-income families; tenants under section 5(h) of the 1937 based on need, that are made under (iv) Commitment of an owner to Act (42 U.S.C. 1437c(h)). programs funded, separately or jointly, attaining occupancy by families with a (f) Inapplicability to the Section 8 by Federal, State or local governments. broad range of incomes, as evidenced in Rental Voucher and Rental Certificate the application for development. An Programs. The provisions of this section § 5.605 Overall income eligibility for application citing this basis should be do not apply to the Section 8 Rental assistance. supported by evidence that the owner is Voucher and Section 8 Rental Certificate No family other than a low-income pursuing this goal throughout its Programs. family shall be eligible for admission to assisted projects in the community; and a program covered by this part. (Approved by the Office of Management and (v) Project supervision by a State Budget under Control number 2502–0204.) Housing Finance Agency having a § 5.607 Income limits for admission. policy of occupancy by families with a § 5.609 Annual income. (a) General. (1) Admission to units broad range of incomes, supported by (a) Annual income means all available before October 1, 1981. Not evidence that the Agency is pursuing amounts, monetary or not, which: more than 25 percent of the dwelling this goal throughout its assisted projects (1) Go to, or on behalf of, the family units that were available for occupancy in the community, or a project with head or spouse (even if temporarily under Annual Contributions Contracts financing through Section 11(b) of the absent) or to any other family member; (ACC) and Section 8 Housing Assistance 1937 Act (42 U.S.C. 1437i) or under or Payments (HAP) Contracts taking effect Section 103 of the Internal Revenue (2) Are anticipated to be received before October 1, 1981 and that are Code (26 U.S.C. 103). from a source outside the family during leased on or after that date shall be (2) For public housing only. (i) Need the 12-month period following available for leasing by low-income for admission of a broader range of admission or annual reexamination families other than very low-income tenants to obtain full occupancy; effective date; and families. HUD reserves the right to limit (ii) Local commitment to attaining (3) Which are not specifically the admission of low-income families occupancy by families with a broad excluded in paragraph (c) of this other than very low-income families to range of incomes. An application citing section. these units. this basis should be supported by (4) Annual income also means (2) Admission to units available on or evidence that the PHA is pursuing this amounts derived (during the 12-month after October 1, 1981. Not more than 15 goal throughout its housing program in period) from assets to which any percent of the dwelling units that the community; member of the family has access. initially become available for occupancy (iii) Need for higher incomes to (b) Annual income includes, but is under Annual Contributions Contracts sustain homeownership eligibility in a not limited to: (ACC) and Section 8 Housing Assistance homeownership project; and (1) The full amount, before any Payments (HAP) Contracts on or after (iv) Need to avoid displacing low- payroll deductions, of wages and October 1, 1981 shall be available for income families from a project acquired salaries, overtime pay, commissions, leasing by low-income families other by the PHA for rehabilitation. fees, tips and bonuses, and other than very low-income families. Except (c) Action on request for exception. compensation for personal services; with the prior approval of HUD under Whether to grant any request for (2) The net income from the operation paragraphs (b) and (c) of this section, no exception is a matter committed by law of a business or profession. low-income family, other than a very to HUD’s sole discretion, and no Expenditures for business expansion or low-income family shall be admitted to implication is intended to be created amortization of capital indebtedness these units. that HUD will seek to grant approvals shall not be used as deductions in (b) Request for exception. A request up to the maximum limits permitted by determining net income. An allowance by a PHA or owner for approval of statute, nor is any presumption of an for depreciation of assets used in a admission of low-income families other entitlement to an exception created by business or profession may be deducted, than very low-income families to units the specification of certain grounds for based on straight line depreciation, as described in paragraph (a)(2) of this exception that HUD may consider. HUD provided in Internal Revenue Service section must state the basis for will review exceptions granted to regulations. Any withdrawal of cash or requesting the exception and provide owners and PHAs at regular intervals. assets from the operation of a business supporting data. Bases for exceptions HUD may withdraw permission to or profession will be included in that may be considered include the exercise those exceptions for program income, except to the extent the following: applicants at any time that exceptions withdrawal is reimbursement of cash or (1) For Section 8 Programs: (i) Low- are not being used or after a periodic assets invested in the operation by the income families that would otherwise review, based on the findings of the family; be displaced from Section 8 Substantial review. (3) Interest, dividends, and other net Rehabilitation or Moderate (d) Reporting. PHAs and owners shall income of any kind from real or Rehabilitation projects; comply with HUD-prescribed reporting personal property. Expenditures for (ii) Low-income families that are requirements that will permit HUD to amortization of capital indebtedness displaced as a result of Rental maintain the reasonably current data shall not be used as deductions in Rehabilitation or Development activities necessary to monitor compliance with determining net income. An allowance assisted under section 17 of the 1937 the income eligibility restrictions for depreciation is permitted only as Act (42 U.S.C. 1437o), or as a result of described in paragraph (a) of this authorized in paragraph (b)(2) of this activities under the Rental section. section. Any withdrawal of cash or Rehabilitation Demonstration Program; (e) Inapplicability to certain scattered assets from an investment will be (iii) Need for admission of a broader site housing. The income eligibility included in income, except to the extent range of tenants to preserve the financial restrictions described in paragraph (a) of the withdrawal is reimbursement of or management viability of a project this section do not apply to scattered cash or assets invested by the family. because there is an insufficient number site public housing dwelling units sold Where the family has net family assets Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54501 in excess of $5,000, annual income shall losses (except as provided in paragraph older (excluding the head of household include the greater of the actual income (b)(5) of this section); and spouse); derived from all net family assets or a (4) Amounts received by the family (12) Adoption assistance payments in percentage of the value of such assets that are specifically for, or in excess of $480 per adopted child; based on the current passbook savings reimbursement of, the cost of medical (13) For public housing only: (i) The rate, as determined by HUD; expenses for any family member; earnings and benefits to any family (4) The full amount of periodic (5) Income of a live-in aide, as defined member resulting from the participation amounts received from Social Security, in § 5.403; in a program providing employment annuities, insurance policies, retirement (6) The full amount of student training and supportive services in funds, pensions, disability or death financial assistance paid directly to the accordance with the Family Support Act benefits, and other similar types of student or to the educational institution; of 1988, section 22 of the 1937 Act (42 periodic receipts, including a lump-sum (7) The special pay to a family U.S.C. 1437t), or any comparable amount or prospective monthly member serving in the Armed Forces Federal, State, or local law during the amounts for the delayed start of a who is exposed to hostile fire; exclusion period. periodic amount (except as provided in (8)(i) Amounts received under (ii) For purposes of this paragraph, the paragraph (c)(14) of this section); training programs funded by HUD; following definitions apply: (5) Payments in lieu of earnings, such (ii) Amounts received by a person (A) Comparable Federal, State or local as unemployment and disability with a disability that are disregarded for law means a program providing compensation, worker’s compensation a limited time for purposes of employment training and supportive and severance pay (except as provided Supplemental Security Income services that— in paragraph (c)(3) of this section); eligibility and benefits because they are (1) Is authorized by a Federal, State or (6) Welfare assistance. If the welfare set aside for use under a Plan to Attain local law; assistance payment includes an amount Self-Sufficiency (PASS); (2) Is funded by the Federal, State or specifically designated for shelter and (iii) Amounts received by a local government; utilities that is subject to adjustment by participant in other publicly assisted (3) Is operated or administered by a the welfare assistance agency in programs which are specifically for or in public agency; and accordance with the actual cost of reimbursement of out-of-pocket (4) Has as its objective to assist shelter and utilities, the amount of expenses incurred (special equipment, participants in acquiring employment welfare assistance income to be clothing, transportation, child care, etc.) skills. included as income shall consist of: and which are made solely to allow (B) Exclusion period means the period (i) The amount of the allowance or participation in a specific program; during which the family member grant exclusive of the amount (iv) Amounts received under a participates in a program described in specifically designated for shelter or resident service stipend. A resident this section, plus 18 months from the utilities; plus service stipend is a modest amount (not date the family member begins the first (ii) The maximum amount that the to exceed $200 per month) received by job acquired by the family member after welfare assistance agency could in fact a resident for performing a service for completion of such program that is not allow the family for shelter and utilities. the PHA or owner, on a part-time basis, funded by public housing assistance If the family’s welfare assistance is that enhances the quality of life in the under the 1937 Act. If the family ratably reduced from the standard of development. Such services may member is terminated from employment need by applying a percentage, the include, but are not limited to, fire with good cause, the exclusion period amount calculated under this paragraph patrol, hall monitoring, lawn shall end. (b)(6)(ii) shall be the amount resulting maintenance, and resident initiatives (C) Earnings and benefits means the from one application of the percentage; coordination. No resident may receive incremental earnings and benefits (7) Periodic and determinable more than one such stipend during the resulting from a qualifying employment allowances, such as alimony and child same period of time; training program or subsequent job; support payments, and regular (v) Incremental earnings and benefits (14) Deferred periodic amounts from contributions or gifts received from resulting to any family member from supplemental security income and organizations or from persons not participation in qualifying State or local social security benefits that are received residing in the dwelling; employment training programs in a lump sum amount or in prospective (8) All regular pay, special pay and (including training programs not monthly amounts. allowances of a member of the Armed affiliated with a local government) and (15) Amounts received by the family Forces (except as provided in paragraph training of a family member as resident in the form of refunds or rebates under (c)(7) of this section). management staff. Amounts excluded State or local law for property taxes paid (c) Annual income does not include by this provision must be received on the dwelling unit; the following: under employment training programs (16) Amounts paid by a State agency (1) Income from employment of with clearly defined goals and to a family with a member who has a children (including foster children) objectives, and are excluded only for the developmental disability and is living at under the age of 18 years; period during which the family member home to offset the cost of services and (2) Payments received for the care of participates in the employment training equipment needed to keep the foster children or foster adults (usually program; developmentally disabled family persons with disabilities, unrelated to (9) Temporary, nonrecurring or member at home; or the tenant family, who are unable to live sporadic income (including gifts); (17) Amounts specifically excluded alone); (10) Reparation payments paid by a by any other Federal statute from (3) Lump-sum additions to family foreign government pursuant to claims consideration as income for purposes of assets, such as inheritances, insurance filed under the laws of that government determining eligibility or benefits under payments (including payments under by persons who were persecuted during a category of assistance programs that health and accident insurance and the Nazi era; includes assistance under any program worker’s compensation), capital gains (11) Earnings in excess of $480 for to which the exclusions set forth in 24 and settlement for personal or property each full-time student 18 years old or CFR 5.609(c) apply. A notice will be 54502 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations published in the Federal Register and results from the adoption of any of the (2) For public housing only. Total distributed to PHAs and housing owners optional earned income exclusions tenant payment for families residing in identifying the benefits that qualify for discussed in paragraph (d)(1) of this public housing does not include charges this exclusion. Updates will be section, including any variations of the for excess utility consumption or other published and distributed when listed options. miscellaneous charges (see § 966.4 of necessary. (e) If it is not feasible to anticipate a this chapter). (d) For public housing only. In level of income over a 12-month period, (b) Total tenant payment for families addition to the exclusions from annual the income anticipated for a shorter residing in public housing whose initial income covered in paragraph (c) of this period may be annualized, subject to a lease was effective before August 1, section, a PHA may adopt additional redetermination at the end of the shorter 1982. Paragraphs (b) and (c) of 24 CFR exclusions for earned income pursuant period. 913.107, as it existed immediately to an established written policy. before November 18, 1996 (contained in (1) In establishing such a policy, a § 5.611 Adjusted income. the April 1, 1995 edition of 24 CFR, PHA must adopt one or more of the Adjusted income means annual parts 900 to 1699), will continue to following types of earned income income less the following deductions: govern the total tenant payment of exclusions, including variations thereof: (a) $480 for each dependent; families, under a public housing (i) Exclude all or part of the family’s (b) $400 for any elderly family or program, whose initial lease was earned income; disabled family; effective before August 1, 1982. (ii) Apply the exclusion only to new (c) For any family that is not an (c) Inapplicability to the Section 8 sources of earned income or only to elderly family or disabled family but has Rental Voucher Program. The increases in earned income; a member (other than the head of provisions of this section do not apply (iii) Apply the exclusion to the earned household or spouse) who is a person to the Section 8 Rental Voucher income of the head, the spouse, or any with a disability, disability assistance Program. other family member age 18 or older; expenses in excess of three percent of (iv) Apply the exclusion only to the annual income, but this allowance may § 5.615 Utility reimbursements. earned income of persons other than the not exceed the employment income (a) General. Where applicable, the primary earner; received by family members who are 18 utility reimbursement shall be paid to (v) Apply the exclusion to applicants, years of age or older as a result of the the family in the manner provided in newly admitted families, existing assistance to the person with the pertinent program regulations. If the tenants, or persons joining the family; disabilities; family and the utility company consent, (vi) Make the exclusion temporary or (d) For any elderly family or disabled a PHA or owner may pay the utility permanent, for the PHA, the family, or family: reimbursement jointly to the family and the affected family member; (1) That has no disability assistance the utility company, or directly to the (vii) Make the exclusion graduated, so expenses, an allowance for medical utility company. that more earned income is excluded at expenses equal to the amount by which (b) Inapplicability to the Section 8 first and less earned income is excluded the medical expenses exceed three Rental Voucher Program. The after a period of time; percent of annual income; provisions of this section do not apply (viii) Exclude any or all of the costs (2) That has disability assistance to the Section 8 Rental Voucher that are incurred in order to go to work expenses greater than or equal to three Program. For the Voucher Program, in but are not compensated, such as the percent of annual income, an allowance cases where the amount of the HAP cost of special tools, equipment, or for disability assistance expenses payment exceeds the rent to owner, the clothing; computed in accordance with paragraph excess will be paid to the family. (ix) Exclude any or all of the costs that (c) of this section, plus an allowance for result from earning income, such as medical expenses that is equal to the § 5.617 Reexamination and verification. social security taxes or other items that family’s medical expenses; (a) Responsibility for initial are withheld in payroll deductions; (3) That has disability assistance determination and reexamination. The (x) Exclude any portion of the earned expenses that are less than three percent PHA or owner, as applicable, must income that is not available to meet the of annual income, an allowance for conduct a reexamination of family family’s own needs, such as amounts combined disability assistance expenses income and composition at least that are paid to someone outside the and medical expenses that is equal to annually. The ‘‘effective date’’ of an family for alimony or child support; and the amount by which the sum of these examination or reexamination refers to: (xi) Exclude any portion of the earned expenses exceeds three percent of (1) In the case of an examination for income that is necessary to replace annual income; and admission, the effective date of the benefits lost because a family member (e) Child care expenses. lease; and becomes employed, such as amounts (2) In the case of a reexamination of that the family pays for medical costs or § 5.613 Total tenant payment. an existing participant, the effective to obtain medical insurance. (a) Total tenant payment for families date of the redetermined housing (2) Any amounts that are excluded whose initial lease is effective on or after assistance payment with respect to the from annual income under this August 1, 1982. (1) Total tenant Rental Voucher program and the paragraph (d) may not also be deducted payment is the amount calculated under effective date of the redetermined total in determining adjusted income, as section 3(a)(1) of the 1937 Act (42 U.S.C. tenant payment in all other cases. defined in § 5.611. 1437a(a)(1)). If the family’s welfare (b) Verification. (1) As a condition of (3) Housing agencies do not need assistance is ratably reduced from the admission to, or continued occupancy HUD approval to adopt optional earned standard of need by applying a of, any assisted unit, the PHA or owner, income exclusions. percentage, the amount calculated as applicable, shall require the family (4) In the calculation of Performance under paragraph (C) of section 3(a)(1) of head and other such family members as Funding System operating subsidy the 1937 Act (42 U.S.C. 1437a(a)(1)(C)) it designates to execute a HUD-approved eligibility, housing agencies will have to shall be the amount resulting from one release and consent form (including any absorb any loss in rental income that application of the percentage. release and consent as required under Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54503

24 CFR part 760) authorizing any § 236.3 Annual income exclusions. (2) Annual income does not include depository or private source of income, The exclusions to annual income the following: or any Federal, State or local agency, to described in 24 CFR 5.609(c) apply to (i) Income from employment of furnish or release to the PHA or owner, those program participants governed by children (including foster children) as applicable, and to HUD such the regulations at subpart A of 24 CFR under the age of 18 years; information as the HA or owner, as part 236 in effect immediately before (ii) Payments received for the care of applicable, and HUD determines to be May 1, 1996 (contained in the April 1, foster children or foster adults (usually necessary. 1995 edition of 24 CFR, parts 220 to individuals with disabilities, unrelated to the tenant family, who are unable to (2) The PHA or owner shall also 499), in lieu of the annual income live alone); require the family to submit directly exclusions described in 236.3(c) (iii) Lump-sum additions to family documentation determined to be (contained in the April 1, 1995 edition assets, such as inheritances, insurance necessary. Information or of 24 CFR, parts 220 to 499). payments (including payments under documentation shall be considered PART 813Ð[REMOVED] health and accident insurance and necessary if it is required for purposes worker’s compensation), capital gains of determining or auditing a family’s 10. Part 813 is removed. and settlement for personal or property eligibility to receive housing assistance, losses (except as provided in paragraph for determining the family’s annual PART 913Ð[REMOVED] (1)(v) of this definition); income, adjusted income or total tenant 11. Part 913 is removed. (iv) Amounts received by the family, payment. that are specifically for, or in (3) The use of disclosure of PART 950ÐINDIAN HOUSING reimbursement of, the cost of medical information obtained from a family or PROGRAMS expenses for any family member; from another source pursuant to this (v) Income of a live-in aide; release and consent shall be limited to 12. The authority citation for 24 CFR (vi) The full amount of student purposes directly connected with part 950 continues to read as follows: financial assistance paid directly to the administration of this part or applying Authority: 25 U.S.C. 450e(b); 42 U.S.C. student or to the educational institution; for assistance. 1437a, 1437aa, 1437bb, 1437cc, 1437ee; and (vii) The special pay to a family 3535(d). member serving in the Armed Forces (Approved by the Office of Management and Budget under control numbers 2502–0204 13. Section 950.102 is amended by: who is exposed to hostile fire; and 2577–0083.) a. Revising paragraphs (5) and (6) to (viii)(A) Amounts received under the definition of ‘‘Adjusted income’’; training programs funded by HUD; PART 200ÐINTRODUCTION TO FHA b. Revising paragraphs (1)(iv), (1)(v), (B) Amounts received by a disabled PROGRAMS and (2) of the definition of ‘‘Annual person that are disregarded for a limited Income’’; time for purposes of Supplemental 6. The authority citation for 24 CFR c. Revising the definition of ‘‘Child Security Income eligibility and benefits part 200 continues to read as follows: care expenses’’; and because they are set aside for use under d. Revising the definition of a Plan to Attain Self-Sufficiency (PASS); Authority: 12 U.S.C. 1701–1715z–18; 42 (C) Amounts received by a participant U.S.C. 3535(d). ‘‘Dependent’’ to read as follows: in other publicly assisted programs Subpart WÐAdministrative Matters § 950.102 Definitions. which are specifically for or in * * * * * reimbursement of out-of-pocket 7. A new § 200.1303 is added to read Adjusted income. *** expenses incurred (special equipment, clothing, transportation, child care, etc.) as follows: * * * * * and which are made solely to allow (5) Child care expenses, as defined in § 200.1303 Annual income exclusions for participation in a specific program; this definition; and the rent supplement program. (D) Amounts received under a (6) Excessive travel expenses, not to resident service stipend. A resident The exclusions to annual income exceed $25 per family per week, for service stipend is a modest amount (not described in 24 CFR 5.609(c) apply to employment- or education-related to exceed $200 per month) received by those rent supplement contracts travel. governed by the regulations at 24 CFR an Indian housing resident for * * * * * part 215 in effect immediately before performing a service for the IHA, on a Annual Income. *** May 1, 1996 (contained in the April 1, part-time basis, that enhances the (1) * * * 1995 edition of 24 CFR, parts 200 to quality of life in the development. Such (iv) The full amount of periodic 219), in lieu of the annual income services may include, but are not amounts received from Social Security, exclusions described in 24 CFR limited to, fire patrol, hall monitoring, annuities, insurance policies, retirement 215.21(c) (contained in the April 1, 1995 lawn maintenance, and resident funds, pensions, disability or death edition of 24 CFR, parts 200 to 219). initiatives coordination. No resident benefits, and other similar types of may receive more than one such stipend PART 236ÐMORTGAGE INSURANCE periodic receipts, including a lump sum during the same period of time; AND INTEREST REDUCTION amount or prospective monthly (E) Incremental earnings and benefits PAYMENT FOR RENTAL PROJECTS amounts for the delayed start of a resulting to any family member from periodic amount (except as provided in participation in qualifying State or local 8. The authority citation for 24 CFR paragraph (2)(xiv) of this definition); employment training programs part 236 continues to read as follows: (v) Payments in lieu of earnings, such (including training programs not as unemployment and disability affiliated with a local government) and Authority: 12 U.S.C. 1715b and 1715z–1; compensation, worker’s compensation 42 U.S.C. 3535(d). training of a family member as resident and severance pay (except as provided management staff. Amounts excluded 9. A new § 236.3 is added to subpart in paragraph (2)(iii) of this definition); by this provision must be received A to read as follows: * * * * * under employment training programs 54504 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations with clearly defined goals and this definition, plus 18 months from the such care is necessary to enable a family objectives, and are excluded only for the date the family member begins the first member to actively seek employment, period during which the family member job acquired by the family member after be gainfully employed, or to further his participates in the employment training completion of such program that is not or her education and only to the extent program; funded by public housing assistance such amounts are not reimbursed. The (ix) Temporary, nonrecurring or under the Act. If the family member is amount deducted shall reflect sporadic income (including gifts); terminated from employment with good reasonable charges for child care, and, (x) Reparation payments paid by a cause, the exclusion period shall end. in the case of child care necessary to foreign government pursuant to claims (C) Earnings and benefits means the permit employment, the amount filed under the laws of that government incremental earnings and benefits deducted shall not exceed the amount of by persons who were persecuted during resulting from a qualifying employment countable income received from such the Nazi era; training program or subsequent job; employment. (xi) Earnings in excess of $480 for (xiv) Deferred periodic amounts from * * * * * each full-time student 18 years old or supplemental security income and Dependent. A member of the family older (excluding the head of household social security benefits that are received (except foster children and foster adults) and spouse); in a lump sum amount or in prospective other than the family head or spouse, (xii) Adoption assistance payments in monthly amounts; who is under 18 years of age or is a excess of $480 per adopted child; (xv) Amounts received by the family (xiii) The earnings and benefits to any in the form of refunds or rebates under disabled person or handicapped person, family member resulting from the State or local law for property taxes on or is a full-time student. participation in a program providing the dwelling unit; * * * * * (xvi) Amounts paid by a State agency employment training and supportive § 950.103 [Removed] services in accordance with the Family to a family with a developmentally Support Act of 1988, section 22 of the disabled family member living at home 14. Section 950.103 is removed. Act (42 U.S.C. 1437t), or any to offset the cost of services and PART 960ÐADMISSION TO, AND comparable Federal, State, Tribal or equipment needed to keep the OCCUPANCY OF, PUBLIC HOUSING local law during the exclusion period. developmentally disabled family For purposes of this paragraph (2)(xiii) member at home; or (xvii) Amounts specifically excluded 15. The authority citation for 24 CFR of this definition, the following part 960 continues to read as follows: definitions apply. by any other Federal statute from (A) Comparable Federal, State, Tribal consideration as income for purposes of Authority: 42 U.S.C. 1437a, 1437c, 1437d, or local law means a program providing determining eligibility or benefits under 1437n, and 3535(d). employment training and supportive a category of assistance programs that 16. Section 960.208 is revised to read services that: includes assistance under the Act. A as follows: (1) Is authorized by a Federal, State, notice will be published in the Federal Tribal or local law; Register and distributed to IHAs § 960.208 Rent. (2) Is funded by the Federal, State, identifying the benefits that qualify for The amount of rent payable by the Tribal or local government; this exclusion. Updates will be tenant to the PHA shall be the Tenant (3) Is operated or administered by a published and distributed when Rent, as defined in 24 CFR part 5, public agency; and necessary. subpart F. (4) Has as its objective to assist * * * * * participants in acquiring employment Child care expenses. Amounts Dated: September 6, 1996. skills. anticipated to be paid by the family for Henry G. Cisneros, (B) Exclusion period means the period the care of children under 13 years of Secretary. during which the family member age during the period for which annual [FR Doc. 96–26496 Filed 10–17–96; 8:45 am] participates in a program described in income is computed, but only where BILLING CODE 4210±32±P federal register October 18,1996 Friday Rule Materials ReleasedOffshore;Proposed Conducted OffshoreandPressRelated With CompanyRepresentatives Offshore PressConferences,Meetings Business Acquisitions;FinalRulesand Requirements RelatingtoSignificant Sales; andStreamliningDisclosure Periodic ReportingofUnregisteredEquity 17 CFRPart210,etal. Commission Exchange Securities and Part III 54505 54506 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

SECURITIES AND EXCHANGE disclosure of unregistered sales of For Regulation S sales, however, COMMISSION equity securities. The amendments were current reporting on Form 8–K will be proposed in June 1995. 12 They are required within 15 days of their 17 CFR Parts 228, 229 and 249 designed to address concerns that the occurrence. The Commission believes current rules do not require adequate that quarterly reporting would not be [Release No. 34±37801; International Series and timely disclosure to shareholders timely enough for Regulation S sales No. 1020; File No. S7±19±95] and the markets of unregistered because, under the current 40-day RIN 3235±AG47 offerings of equity securities, Regulation S restricted period for sales particularly those made in reliance of equity securities by domestic Periodic Reporting of Unregistered upon Regulation S 13, the safe harbor for reporting companies, the restricted Equity Sales offshore sales, and Section 4(2) 14, the period could expire, and securities AGENCY: Securities and Exchange private placement exemption. As a could be resold in the U.S. market Commission. result, shareholders and the markets (assuming an exemption is available), before disclosure is made. Several ACTION: Final rules. have been unaware of the potential dilution or the effects on the financial commenters supported a Form 8–K SUMMARY: The Commission is adopting condition of the issuer that these filing requirement.17 revisions to forms under the Securities unregistered sales can cause. Moreover, The Commission is currently Exchange Act of 1934 and Regulations the lack of a specific disclosure considering whether to revise the issuer S–K and S–B to require registrants to requirement may be permitting the safe harbor for sales of equity securities report recent sales of equity securities abusive practices 15 of some U.S. issuers by domestic reporting companies under that have not been registered under the selling common equity offshore Regulation S, including possibly Securities Act of 1933. The revisions are purportedly in reliance upon Regulation lengthening the restricted period.18 If designed, in part, to address abusive S to occur without notice to the market the restricted period for sales of equity practices in connection with the sale of of such offerings. For example, without securities pursuant to Regulation S is equity securities by domestic companies a timely disclosure requirement, issuers changed, the Commission intends to in purported Regulation S offerings by have been able to sell shares offshore at consider revising the periodic requiring more disclosure about such a substantial discount to the U.S. market disclosure requirement for Regulation S sales in a timely fashion. price, and the shares have been resold sales adopted in this release. EFFECTIVE DATE: The revisions are in the U.S. markets before the U.S. B. Description of Amendments effective November 18, 1996. markets have been made aware of 1. Disclosure Required FOR FURTHER INFORMATION CONTACT: potential significant dilution or effects Walter Van Dorn, Office of International on the financial condition of the issuer Under the new requirements, the Corporate Finance, Division of of such transactions. following information about Corporation Finance, U.S. Securities The amendments are being adopted unregistered sales of equity securities 19 and Exchange Commission, substantially as proposed, with one will be required to be disclosed for the Washington, D.C. 20549, (202) 942– important change. In the proposal, the applicable reporting period: 2990. rules generally would have required * the title and amount of securities quarterly reporting of exempt equity sold, and the date of the transaction SUPPLEMENTARY INFORMATION: The sales (e.g., Regulation S and private * the name of the underwriter or Commission is adopting amendments to placement agent the following forms under the Securities placements). As adopted, quarterly reporting will be required for exempt * the consideration received Exchange Act of 1934 1 to require * persons or classes of persons to periodic disclosure of unregistered equity sales other than those made in reliance on Regulation S. The whom the securities were sold equity offerings: Form 10–Q, 2 Form 10– * the exemption from registration QSB, 3 Form 10–K, 4 Form 10–KSB 5 and Commission believes that quarterly reporting of most exempt equity sales claimed Form 8–K. 6 In addition the Commission * in the case of convertible or will provide adequate and timely is amending the following Rules: Item exchangeable securities, warrants and disclosure. Most exempt sales by 701 7 of Regulation S–K 8 and Item 701 9 options, the terms of conversion or reporting companies involve private of Regulation S–B 10. exercise. placements. In those cases, the With the exception of the last I. Discussion securities cannot be freely resold into disclosure item, this information is A. Introduction and Summary the public markets until a significant period of time after sale. Consequently, be resold without registration into the public Today the Commission is adopting quarterly reporting should provide markets. amendments to its rules and forms sufficient notice.16 17 Twenty-four letters of comment were received applicable to U.S. reporting in response to the Proposing Release, 16 of which 11 responded specifically to questions relating to companies to require timely 12 Securities Act Release No. 7189 (June 27, 1995) quarterly reporting of sales of unregistered sales of [60 FR 35656] (the ‘‘Proposing Release’’). equity securities. Five commenters stated that 13 1 15 U.S.C. 78a et seq. (the ‘‘Exchange Act’’). 17 CFR 230.901–904. unregistered offerings of equity securities should be 2 17 CFR 249.308a. 14 15 U.S.C. 77d(2). reported on Form 8–K. These comment letters, 3 17 CFR 249.308b. 15 For a description of such practices, see together with a Summary of Comments prepared by 4 17 CFR 249.310. Securities Act Release No. 7190 (June 27, 1995) [60 Commission staff, are available for inspection and 5 17 CFR 249.310b. FR 35663] (the ‘‘Regulation S Interpretive Release’’). copying in the Commission’s Public Reference 16 Room, 450 Fifth Street, N.W., Washington D.C. 6 17 CFR 249.308. Under Rule 144, the safe harbor for resales of ‘‘restricted’’ securities (including privately placed 20549. Persons seeking these materials should make 7 17 CFR 229.701. securities), resales into the public markets cannot reference to File No. S7–19–95. 8 17 CFR Part 229. be made until at least two years after the sale by 18 See Securities Act Release No. 7190 (June 27, 9 17 CFR 228.701. the issuer or an affiliate. Although the Commission 1995). 10 17 CFR Part 228. proposed to reduce these time periods (see 19 ‘‘Equity security’’ is defined in Rule 3a11–1 [17 11 The new disclosure requirements apply to U.S. Securities Act Release No. 7187), even under a CFR 240.3a11–1]. It includes convertible and reporting companies and foreign companies not shortened time period quarterly reporting would exchangeable securities, warrants, options and using the foreign integrated disclosure system. still result in disclosure before the securities could other types of equity-related securities. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54507 currently required to be disclosed in occurring before the effective date must in small business financing. The certain Securities Act filings pursuant to be reported on Form 8–K if the Commission is aware of approximately Item 701 of Regulation S–K and Regulation S sale was made within 15 1,100 Exchange Act reporting Regulation S–B. In response to the days before the effective date. companies that currently satisfy the Commission’s request for comment in definition of ‘‘small business’’ under II. Cost-Benefit Analysis the Proposing Release, one commenter Rule 157. Because these rules will affect suggested that such information in The new requirement to disclose sales issuers that sell securities in addition to that currently listed in Item of unregistered equity securities is unregistered offerings, and in the 701 would be helpful to investors. The expected to increase modestly majority of situations no reporting with additional information required is registrants’ costs and compliance the Commission of unregistered security disclosure of pricing information for the burdens. That requirement should not offerings currently is required, little underlying common equity when significantly increase the burden on information is available to the convertible securities, warrants and company resources, since most Commission that would make it similar securities are sold. In those registrants are required to gather such possible to estimate the number of small situations, information about the information in connection with the issuers that will be affected by these conversion or exercise price is preparation of audited and unaudited amendments. However, approximately important to shareholders and the financial statements. To the extent the 11,400 issuers are subject to Exchange market place since it shows the requirement results in any additional Act reporting requirements, and, based potential dilutive effects of conversion expense, it is justified in view of the on discussions with intermediaries and or exercise. Item 701 of Regulation S–K material information that will be made other participants in the Regulation S and Regulation S–B will be amended to available to investors in a timely market, the Commission staff estimates require that this additional information manner. that approximately 500 of such issuers be provided in filings of annual, III. Summary of Final Regulatory may conduct Regulation S offerings of periodic or current reports under the Flexibility Analysis equity securities per year. The Exchange Act. Commission staff further estimates that The Commission has prepared a Final Several commenters opposed the approximately 250 such issuers are Regulatory Flexibility Analysis pursuant requirement that the names of persons ‘‘small businesses’’ under Rule 157. to whom the securities were sold be to the requirements of the Regulatory As stated in the analysis, the 20 disclosed. Item 701 would continue to Flexibility Act, regarding the economic impact of the new rules is provide companies with an option to amendments. The new rules with expected to be small, particularly in describe the person or persons to whom respect to disclosure of recent sales of view of the additional information and the securities were sold by class (for unregistered securities are intended to protection to be provided to investors. example, to an accredited investor), as provide investors with more timely and In part, to minimize the recordkeeping opposed to the names of individual complete information regarding changes and reporting burden, and investors. in outstanding securities of public corresponding economic impact, on companies. small entities and others, the 2. Timing of Disclosure Small U.S. entities that file current or Commission has decided to require that Information about unregistered sales quarterly reports will be affected by the unregistered sales of securities (other of equity securities (except those made proposed amendments to the extent that than sales in reliance on Regulation S) under Regulation S) will be required to they offer equity securities in be reported on a quarterly basis. Only be provided in an issuer’s Quarterly unregistered offerings. To the extent sales of securities which were not Report on Form 10–Q or 10–QSB for small U.S. entities are affected by the registered in reliance on Regulation S sales during the issuer’s first three fiscal proposed amendments, the investors in are proposed to be reported within 15 quarters, and in the Annual Report on such small entities are expected to Form 10–K or 10–KSB for sales made days. benefit from the increased information A copy of the Final Regulatory during the final fiscal quarter. required to be provided. Flexibility Analysis may be obtained by Information about sales made in The analysis also indicates that the contacting Walter Van Dorn, Office of reliance upon Regulation S will be amendments to the rules and forms International Corporate Finance, required to be reported pursuant to new modestly increase reporting, Division of Corporation Finance, U.S. Item 9 of Form 8–K and filed within 15 recordkeeping and compliance Securities and Exchange Commission, days of the sale. The Form 8–K filing requirements. These requirements 450 Fifth Street, N.W., Washington, D.C. will be required if the issuer claims should not significantly increase the 20549, (202) 942–2990. reliance on Regulation S under Item 701 burden on company resources, since of Regulation S–K, even if reliance on such information will be readily IV. Paperwork Reduction Act other possible bases for the unregistered available, as the transaction in question In June, 1995, the staff submitted to sale also could be claimed. would have been completed within the the Office of Management and Budget prior fiscal quarter, or, in the case of C. Effective Date of Amendments (‘‘OMB’’) for review proposals to amend Form 8–K reporting, within the prior 15 the following information collections The amendments will be effective days. under the Exchange Act to require November 18, 1996. Sales that occur The term ‘‘small business,’’ as used periodic disclosure of unregistered prior to the effective date, but for which with reference to an issuer for purposes equity offerings: Form 10–Q, Form 10– a report is not due until after the of the Regulatory Flexibility Act, is QSB, Form 10–K and Form 10–KSB.22 effective date, must be reported on the defined by Rule 157 21 under the appropriate form. For example, an Securities Act as an issuer whose total 22 There are no changes regarding the purpose, exempt private placement occurring assets on the last day of its most recent use or necessity of the information collections for before the effective date must be fiscal year were $5 million or less and which OMB approval was requested, nor are there reported on the Form 10–Q covering the who is engaged or proposing to engage changes to the estimates of reporting or quarter if that form has not been filed recordkeeping burden expected to result from adoption of the proposed amendments. See the before the effective date. A sale of equity 20 5 U.S.C. 603 (1988). Proposing Release for estimates of changes in securities pursuant to Regulation S 21 17 CFR 230.157. reporting or recordkeeping burden. 54508 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

These information collections display and 60 days after publication, so a 4. By amending § 229.701 by adding an OMB control number and expiration comment to OMB is best assured of paragraph (e) before the Instructions to date.23 The information collections are having its full affect if OMB receives it read as follows: required to be filed by registrants within 30 days of publication. subject to the Exchange Act reporting § 229.701 (Item 701) Recent sales of V. Statutory Bases requirements and are publicly available. unregistered securities. The Commission solicited comment on The amendments to the Commission’s * * * * * the compliance burdens associated with rules and forms are being adopted (e) Terms of conversion or exercise. If the proposals but received no public pursuant to sections 3(b), 4A, 12, 13, 14, the information called for by this comment on the burden estimates. 15, 16 and 23 of the Securities Exchange paragraph (e) is being presented on In response to public comments Act. Form 8–K, Form 10–QSB, Form 10–Q, received on the Proposing Release, as List of Subjects in 17 CFR Parts 228, Form 10–KSB or Form 10–K discussed in Section I.A of this release, 229 and 249 (§§ 249.308, 249.308b, 249.308a, in addition to adopting changes to the 249.310b or 249.310) under the Reporting and recordkeeping information collections listed in the Exchange Act, and where the securities requirements, and Securities. preceding paragraph, the Commission sold by the registrant are convertible or also is adopting changes to Form 8–K to Text of Amendments exchangeable into equity securities, or require current reporting on Form 8–K are warrants or options representing of Regulation S sales within 15 days In accordance with the foregoing, Title 17, Chapter II of the Code of equity securities, disclose the terms of after their occurrence. Form 8–K conversion or exercise of the securities. contains ‘‘collection of information’’ Federal Regulations is amended as * * * * * requirements within the meaning of the follows: 24 Paperwork Reduction Act of 1995. The PART 228ÐINTEGRATED PART 249ÐFORMS, SECURITIES Commission is submitting the revision DISCLOSURE SYSTEM FOR SMALL EXCHANGE ACT OF 1934 to Form 8–K to OMB for review. BUSINESS ISSUERS The title of the affected information 5. The authority citation for part 249 collection is ‘‘Form 8–K.’’ The likely 1. The authority citation for part 228 continues to read in part as follows: respondents to Form 8–K generally are continues to read as follows: all issuers reporting under the Exchange Authority: 15 U.S.C. 78a, et seq., unless Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, otherwise noted; Act that are not foreign private issuers. 77k, 77s, 77aa(25), 77aa(26), 77ddd, 77eee, Currently, an estimated 11,400 77ggg, 77hhh, 77jjj, 77nnn, 77sss, 78l, 78m, * * * * * respondents file 21,000 Forms 8–K per 78n, 78o, 78w, 78ll, 80a–8, 80a–29, 80a–30, 6. By amending Form 8–K (referenced year for a total annual burden of 105,000 80a–37, 80b–11, unless otherwise noted, in § 249.308) by adding a sentence to the hours. The Commission believes that 2. By amending § 228.701 by adding end of General Instruction B.1 and by the same number of respondents will paragraph (e) to read as follows: adding Item 9 to read as follows: file Form 8–K after the revision described in this release becomes § 228.701 (Item 701) Recent sales of Note: Form 8–K does not and these effective, but those making Regulation S unregistered securities. amendments will not appear in the Code of sales will file Form 8–K more * * * * * Federal Regulations frequently, resulting in an increased (e) If the information called for by this Form 8–K number of total burden hours. Since paragraph (e) is being presented on there currently is not any Exchange Act Form 8–K, Form 10–QSB, Form 10–Q, * * * * * reporting requirement when Regulation Form 10–KSB or Form 10–K GENERAL INSTRUCTIONS S sales are made, the Commission has (§§ 249.308, 249.308b, 249.308a, no basis for estimating the increase in 249.310b or 249.310) under the * * * * * the Form 8–K total burden hours Exchange Act, and where the securities B. Events To Be Reported and Time for expected to result from this rulemaking. sold by the registrant are convertible or Filing of Reports Persons desiring to submit comments exchangeable into equity securities, or on the collection of information are warrants or options representing 1. * * * A report on this form requirements should direct them to the equity securities, disclose the terms of pursuant to Item 9 is required to be filed Office of Management and Budget, conversion or exercise of the securities. within 15 calendar days after the date of Attention: Desk Officer for the sale. PART 229ÐSTANDARD Securities and Exchange Commission, * * * * * Office of Information and Regulatory INSTRUCTIONS FOR FILING FORMS Affairs, Washington, D.C. 20503, and UNDER SECURITIES ACT OF 1933, INFORMATION TO BE INCLUDED IN should also send a copy of their SECURITIES EXCHANGE ACT OF 1934 THE REPORT AND ENERGY POLICY AND comments to Jonathan G. Katz, * * * * * Secretary, Securities and Exchange CONSERVATION ACT OF 1975Ð Commission, 450 5th Street, N.W., REGULATION S±K Item 9. Sales of Equity Securities Pursuant to Regulation S. Washington, D.C. 20549 with reference 3. The authority citation for part 229 to File No. S7–19–95. OMB is required continues to read in part as follows: Furnish the information required by to make a decision concerning the Item 701 of Regulation S–B (§ 228.701 of Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, this chapter) as to all equity securities collections of information between 30 77k, 77s, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss, 78c, of the registrant sold by the registrant 23 Unless a currently valid OMB number is 78i, 78j, 78l, 78m, 78n, 78o, 78w, 78ll(d), 79e, that were not registered under the displayed, an agency may not sponsor or conduct 79n, 79t, 80a–8, 80a–29, 80a–30, 80a–37, Securities Act in reliance upon or require response to an information collection pursuant to 44 U.S.C. § 3506(c)(1)(B). 80b–11, unless otherwise noted, Regulation S under the Securities Act. 24 44 U.S.C. 3501 et seq. * * * * * * * * * * Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54509

7. By amending Form 10–Q equity securities of the registrant sold by statements of significant business (referenced in § 249.308a) by adding the registrant during the period covered acquisitions in filings made under the paragraph (c) to Item 2 of Part II prior by the report that were not registered Securities Act of 1933 and the Securities to the Instruction to read as follows: under the Securities Act other than Exchange Act of 1934. Note: Form 10–Q does not and these unregistered sales made in reliance on EFFECTIVE DATE: The rule revisions are amendments will not appear in the Code of Regulation S. Provided that if the Item effective November 18, 1996. Federal Regulations 701 information previously has been FOR FURTHER INFORMATION CONTACT: included in a Quarterly Report on Form Form 10–Q Douglas Tanner, (202) 942–2960, 10–Q or 10–QSB (§ 249.308a or Associate Chief Accountant, Office of * * * * * 249.308b of this chapter) it need not be Chief Accountant, or Walter Van Dorn, furnished. Part II (202) 942–2990, Special Counsel, Office * * * * * of International Corporate Finance, Item 2. Changes in Securities. 10. By amending Form 10–KSB Division of Corporation Finance, U.S. * * * * * (referenced in § 249.310b) by revising Securities and Exchange Commission, (c) Furnish the information required Item 5 of Part II to read as follows: Washington, D.C. 20549. by Item 701 of Regulation S–K Note: Form 10–K does not and these SUPPLEMENTARY INFORMATION: The (§ 229.701 of this chapter) as to all amendments will not appear in the Code of Commission is adopting amendments to equity securities of the registrant sold by Federal Regulations the following rules and forms under the the registrant during the period covered Securities Act of 1933 (the ‘‘Securities Form 10–KSB by the report that were not registered Act’’) 1 and the Securities Exchange Act under the Securities Act other than * * * * * of 1934 (the ‘‘Exchange Act’’) 2 unregistered sales made in reliance on concerning financial statements of Part II Regulation S. acquired (or to be acquired) businesses: * * * * * * * * * * Rule 3–05 of Regulation S–X,3 Item 310 8. By amending Form 10–QSB Item 5. Market for Common Equity of Regulation S–B,4 Item 17 of Form S– (referenced in § 249.308b) by adding and Related Stockholder Matters. 4,5 Item 17 of Form F–4,6 and General paragraph (c) to Item 2 of Part II prior Furnish the information required by Instructions and Item 7 of Form 8–K.7 to the Instruction to read as follows: Item 201 of Regulation S–B and Item 701 of Regulation S–B as to all equity I. Introduction Note: Form 10–QSB does not and these securities of the registrant sold by the On June 27, 1995, the Commission amendments will not appear in the Code of Federal Regulations registrant during the period covered by published for comment proposed the report that were not registered under revisions to rules and forms that would Form 10–QSB the Securities Act other than streamline reporting requirements * * * * * unregistered sales made in reliance on concerning financial statements of Regulation S. Provided that if the Item acquired and to be acquired businesses Part II 701 information previously has been and require quarterly reporting of * * * * * included in a Quarterly Report on Form unregistered equity offerings.8 The Item 2. Changes in Securities. 10–Q or 10–QSB it need not be proposals were intended to reduce * * * * * furnished. impediments to registered offerings and (c) Furnish the information required * * * * * address certain problematic practices by Item 701 of Regulation S–B Dated: October 10, 1996. involving unregistered sales of equity (§ 228.701 of this chapter) as to all By the Commission. securities of domestic reporting equity securities of the registrant sold by Margaret H. McFarland, companies purportedly in reliance on Regulation S.9 A significant number of the registrant during the period covered Deputy Secretary. by the report that were not registered sales under Regulation S have been [FR Doc. 96–26560 Filed 10–17–96; 8:45 am] attributed to the inability of issuers to under the Securities Act other than BILLING CODE 8010±01±P unregistered sales made in reliance on meet the registration disclosure requirement of providing audited Regulation S. financial statements of significant * * * * * SECURITIES AND EXCHANGE businesses acquired or likely to be 9. By amending Form 10–K COMMISSION acquired.10 The Commission is today (referenced in § 249.310) by revising adopting amendments to those Item 5 of Part II to read as follows: 17 CFR Parts 210, 228, 239 and 249 requirements. In a companion release Note: Form 10–K does not and these [Release Nos. 33±7355; 34±37802; FR±47; amendments will not appear in the Code of International Series No. 1021; File No. S7± 1 15 U.S.C. 77a et seq. Federal Regulations 19±95] 2 15 U.S.C. 78a et seq. 3 17 CFR 210.3–05. Form 10–K RIN 3235±AG47 4 17 CFR 228.310. * * * * * 5 17 CFR 239.25. Streamlining Disclosure Requirements 6 17 CFR 239.34. Part II Relating to Significant Business 7 17 CFR 249.308. 8 * * * * * Acquisitions Securities Act Release No. 7189 (June 27, 1995) [60 FR 35656] (the ‘‘Proposing Release’’). Item 5. Market for Registrant’s AGENCY: Securities and Exchange 9 17 CFR 230.901–904. Regulation S was adopted Common Equity and Related Commission. by the Commission in 1990 to clarify the Stockholder Matters. ACTION: Final rules. extraterritorial application of the registration Furnish the information required by requirements of the Securities Act. See Release No. 33–6863 (Apr. 24, 1990) [55 FR 18306]. Item 201 of Regulation S–K (§ 229.201 of SUMMARY: The Commission is adopting 10 See ‘‘Recent Problems Arising Under this chapter) and Item 701 of Regulation revisions to its rules that will streamline Regulation S,’’ Insights, Volume 98, Number 8, S–K (§ 229.701 of this chapter) as to all requirements with respect to financial August 1994. 54510 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations issued today, the Commission is also rules would have permitted omission of conflicting considerations in the light of adopting certain amendments regarding those financial statements in all comments received on the proposal. requirements for reporting unregistered circumstances other than offerings by The amended rules do not require the sales of equity securities, including ‘‘blank check companies,’’ 13 the rules as financial statements of businesses below sales made under Regulation S.11 adopted provide that financial the 50% significance level to be The amendments adopted today will statements of probable and recently included in registration statements until allow companies in most circumstances consummated business acquisitions will 75 days after consummation of the to provide information about significant continue to be required in registration acquisition, although registrants may acquisitions in Securities Act statements of any issuer if the choose to do so on a voluntary basis. registration statements on the same acquisition would be significant above Under the proposal, the requirement to basis as for Exchange Act reporting. The the 50% level using the tests that have furnish financial statements in amendments eliminate in most cases the been previously established.14 As was registration statements would have been impediment of obtaining audited permitted prior to today’s amendments, automatically waived until the 75th day financial statements for a business registered offerings that are not unless the financial statements were acquisition more promptly than primarily of a capital raising nature and readily available at an earlier time, otherwise would be required. That certain private placements may go which was similar to the requirement requirement may have caused forward without financial statements of for Exchange Act reporting purposes.16 companies to forgo public offerings and an acquired business, regardless of its Eight commenters criticized the term to undertake private or offshore significance, until 75 days following the ‘‘readily available’’ as vague and offerings. As discussed more completely acquisition.15 unworkable. In that regard, several in Section II, the amended rules provide The Commission received nineteen commenters observed that, although an that financial statements of a business comment letters on the Proposing acquired business’s financial statements acquired within the preceding 74 days Release, of which seventeen generally may have been audited previously, or expected to be acquired in the future supported conforming the disclosure filing of the financial statements may be need not be furnished in connection requirements under the Exchange Act delayed while consents and with most initial and repeat offerings and the Securities Act for significant representations are obtained, due under the Securities Act if the business business acquisitions. Although some diligence procedures are performed, pro falls below a 50% significance level. commenters recommended that forma information is prepared, and Those financial statements will offerings be allowed to proceed without compliance with all filing requirements continue to be required to be filed in limitation as to the size of the business is ascertained. While some issuers may most cases on Form 8–K subsequent to acquisition, most commenters favored choose to complete promptly all steps the offering. In addition, as discussed limiting the waiver of financial necessary to file the financial statements more completely in Section III, the statements to acquisitions below some well in advance of the 75th day Commission is raising the thresholds of particular significance level. Among the deadline, others may schedule these significance that determine whether commenters supporting a limit, the activities solely to ensure that the financial statements of an acquired recommended thresholds for disclosure financial statements can be filed by the business must be provided in filings varied greatly, ranging from 10% to final date due. Because of the discretion made under either the Securities Act or 80%. exercisable by issuers, the ‘‘readily As adopted, the amendments to Rule the Exchange Act, and the number of available’’ criterion would not appear to years for which historical financial 3–05 of Regulation S–X and Item 310 of result in more prompt filing of financial statements must be furnished. Audited Regulation S–B require inclusion of the statements nor would it be interpreted financial statements of acquired audited financial statements in consistently by issuers. Accordingly, as businesses for one, two or three years registration statements only if the adopted, the rule omits the ‘‘readily were required under the former rules for pending or recent acquisition exceeds available’’ criterion for presenting businesses significant at the 10%, 20%, the 50% significance level. The financial statements during the 75-day and 40% levels, respectively. The Commission believes it is an period. A conforming change to the amended rules raise those thresholds to appropriate policy to strive to remove obstacles to proceeding with registered requirements of Form 8–K also has been 20%, 40%, and 50%, respectively. 17 offerings despite pending or recent adopted. II. Waiver of Financial Statements for acquisitions, but recognizes that an As contemplated by the proposal, Certain Pending and Recently acquisition could be so large relative to today’s amendments provide that the Completed Business Acquisitions in an issuer that investors would need pro forma financial information Registration Statements and Proxy financial statements of the acquired required by Regulation S–X to depict Statements business for a reasoned evaluation of the effects of a business acquisition The amendments adopted today will any primary capital raising transaction need not be furnished unless the eliminate in most circumstances the by the issuer. The selection of the 50% financial statements of the acquiree are requirement to include in Securities Act significance level reflects a weighing of furnished. Article 11 of Regulation S–X registration statements audited financial is amended to conform the significance statements for probable business filed with the Commission pursuant to Rule 424(b) threshold for providing pro forma acquisitions or for business acquisitions [17 CFR 230.424(b)] under the Securities Act. financial statements in connection with that were consummated 74 or fewer 13 A ‘‘blank check company’’ is defined in days before a registered offering of § 230.419 of Regulation C [17 CFR 230.419(a)(2)]. 16 A Form 8–K reporting a significant acquisition 14 The significance of an acquired business is securities.12 Although the proposed is required to be filed within 15 days of evaluated based on: (i) the amount of the issuer’s consummation of the acquisition. If financial investment in the acquired business; (ii) the total statements of the acquired business are not 11 Release No. 34–37801 (Oct. 10, 1996). assets of the acquired business; and (iii) the pre-tax available, they are required to be filed by 12 income of the acquired business, all as compared See revisions to Rule 3–05 of Regulation S–X amendment to the Form 8–K as soon thereafter as and Item 310(c) of Regulation S–B [17 CFR 210.3– to the comparable items in the registrant’s most practicable, but not later than 60 days after the 05 and 17 CFR 228.310(c)]. The date of an offering recent audited annual financial statements. [See 17 is specified as the date of a final prospectus or CFR 210.1–02(w) and 17 CFR 228.310(c)(2).] initial report is filed. See General Instructions and prospectus supplement relating to the offering as 15 See Instruction 2 to Item 7 of Form 8–K. Items 2 and 7(a)(4) of Form 8–K. 17 See revisions to Item 7 of Form 8–K. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54511 business acquisitions to the minimum statements of each significant acquired as businesses under common ownership 20% significance level in Rule 3–05 and business within 75 days of or management or whose acquisitions Item 310 of Regulation S–B.18 consummation of the acquisition.21 are conditional on each other or on a Other than the changes described Although the amended rules apply to single common condition.23 herein affecting the financial statements offerings of domestic and foreign issuers In addition, the amended rules and pro forma information required alike, foreign private issuers are not require one year of audited financial pursuant to Rules 3–05 and Article 11 subject to quarterly or Form 8–K statements of a majority of individually of Regulation S–X and Item 310 of reporting rules. Several commenters insignificant businesses acquired Regulation S–B, the amendments do not believed that foreign issuers should be subsequent to the issuer’s latest audited change the information required in required to file the financial statements filings with respect to significant balance sheet date if, in the aggregate, within some specified time after the businesses are significant at a level acquisitions. For example, likely effects completion of a business acquisition as exceeding 50%.24 Accordingly, the of a probable or recently consummated a condition for omission of the amendment raises the threshold for the business combination are required to be acquiree’s financial statements in a requirement to furnish financial discussed in Management’s Discussion registration statement under the new statements of individually insignificant and Analysis, to the extent material.19 In rules. However, a requirement to furnish addition, an issuer’s financial those financial statements would businesses from the present 20% level statements must include disclosures modify significantly the foreign private to 50%. regarding the terms and effects of issuer’s interim and current events Although there may be other material business combinations to the reporting requirements, which rely circumstances in which investors would extent required by generally accepted generally on home country standards want audited financial statements of accounting principles.20 and already contemplate that investors individually insignificant businesses to The Commission recognizes the in securities of foreign private issuers be provided, the Commission believes difficulty in determining the disclosure will not necessarily receive the that extending the requirement to other to be made regarding significant information customarily provided by circumstances would unintentionally transactions and events that occur in domestic issuers regarding significant impose a costly and unnecessary proximity to an issuer’s capital raising business acquisitions. Consequently, no burden. Existing rules permit the staff to activities before complete and reliable amendment to require a special report exercise appropriate discretion where information becomes available. Issuers by foreign private issuers is adopted. warranted in determining that financial may conclude in some cases that an The Commission also had proposed to statements in addition to those offering must be delayed until eliminate the requirement that issuers expressly required by a form should be significant uncertainties are resolved, or provide in registration statements provided for an adequate presentation of at least until they are identified fully, audited financial statements of recently an issuer’s financial condition, as well while in other cases no delay is acquired businesses that, in the as to permit the omission of required necessary because adequate disclosure aggregate, but not individually, are financial statements where consistent can be furnished. One commenter significant at the 20% level.22 Although with investor protection.25 recommended that a safe harbor be a number of commenters supported Consistent with the proposal, the provided for disclosures pertaining to elimination of the requirement, several amendments do not modify the significant acquisitions until audited commenters observed that individually requirement to furnish audited financial financial statements are available. Since insignificant businesses could be so statements of a business to be acquired a business acquisition is not numerous as to become material, or if securities are being registered in fundamentally different from other could be components of a broader significant events affecting issuers and connection with the acquisition of that acquisition plan that is material. 26 requiring careful consideration of the To address these concerns, the business. In such a registration appropriate disclosure to be made in amendments adopted today provide that statement, however, the issuer may rely Management’s Discussion and Analysis the acquisition of ‘‘related businesses’’ on the amended rules with respect to and the financial statements, the should be treated as a single business omission of other pending or recently Commission believes it is not combination for purposes of completed acquisitions. The amended appropriate at this time to address determining the transaction’s rules apply to proxy statements and separately the need for a safe harbor. significance under Rule 3–05 and the registration statements under the A domestic company may proceed periods for which financial statements Exchange Act, but do not change the with a registered offering of securities of those businesses are required. The proxy statement requirement of Item 14 without financial statements of a recent amendment codifies present staff of Schedule 14A to provide financial or probable acquiree in the interpretive practices concerning statements of a business to be circumstances described above, but it is acquisitions of related businesses. The acquired.27 Accordingly, the financial required by Form 8–K to file financial amended rule defines related businesses 23 See revisions to Rule 3–05(a)(3). 24 18 See revisions to Rule 11–01 of Regulation S–X 21 See Item 2 and Item 7 of Form 8–K [17 CFR Instructions to Item 2 of Form 8–K are amended and Item 310(c) of Regulation S–B [17 CFR 210.11– 249.308]. Also, under the rules as revised, an issuer, to clarify that acquisitions of individually 01 and 228.310(c)]. other than a foreign private issuer, that omits insignificant businesses do not result in a reporting 19 See Item 303 of Regulations S–K and S–B [17 financial statements of a recently consummated requirement under that item unless the businesses CFR 229.303 and 228.303]. business combination from its initial registration are related businesses, as defined. See revisions to 20 Material terms, significant accounting policies statement in reliance on the new rules must furnish Instruction to Item 2 of Form 8–K. applied, and certain summarized pro forma those financial statements, and related pro forma 25 17 CFR 210.3–13. information, within 75 days of the consummation information must be included with respect to 26 material business combination in a note to financial of the acquisition under cover of Form 8–K. Forms S–4 and F–4 do provide certain statements for the period in which the transaction 22 Under the former rules, if the businesses in accommodations with respect to acquirees that are occurs. See paragraphs 95 and 96 of Accounting aggregate exceeded the 20% level under the tests for not reporting companies under the Exchange Act. Principles Board Opinion No. 16, ‘‘Business significance, the issuer was required to furnish See Item 17 in each Form [17 CFR 239.25 and 34]. Combinations.’’ Comparable summary disclosure is audited financial statements of the most recent 27 If action is to be taken with respect to a merger, required in interim financial statements pursuant to fiscal year for a majority of the individually consolidation, acquisition or similar matters, Rule 10–01(b)(4) of Regulation S–X [17 CFR 210.10– insignificant businesses. See Rule 3–05(b)(i) of financial statements of an acquired business that is 01(b)(4)]. Regulation S–X. the subject of the action are required pursuant to Item 14 [17 CFR 240.14a–101.14]. 54512 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations statements of the acquiree will continue practicable thereafter, but no later than availability.34 The amended rules to be required in registration statements 60 days after the initial report on Form provide that audited financial and proxy statements delivered to 8–K. Audited financial statements for statements of an acquired business shareholders in connection with the one, two or three years were required if should be furnished for the most recent solicitation of their approval of the the acquired business was significant at fiscal year if the significance of the acquisition transaction or other the 10%, 20% or 40% levels, acquiree exceeds 20%, for the most investment decision.28 respectively.31 A small business issuer recent two years if significance exceeds The revisions adopted today do not could omit audited financial statements 40%, and, except with respect to issuers effect Rule 3–14 of Regulation S–X of an acquired business falling below making offerings under Regulation S–B governing financial statements required the 20% level if they were not readily and acquired businesses reporting for acquired operating real estate available, and could omit under similar annual revenues of less than $25 properties.29 Several commenters circumstances the first of two years of million, for the latest three years if the expressed the view that clarification or financial statements required if the significance exceeds 50%. No financial modification of that rule was needed. In acquired business was between the 20% statements will be required for the future, the Commission may address and 40% significance level. Financial acquisitions below the 20% significance generally disclosure requirements statements for periods preceding the threshold.35 applicable to real estate partnerships, two most recent fiscal years are not The threshold at which audited real estate investment trusts, and similar required in filings by small business financial statements of an acquired types of businesses. Because Rule 3–14 issuers.32 business are required for three years, as is intended to address unique features of As originally proposed, the rules required for the issuer itself (except for that industry, such as the ‘‘blind pool’’ applicable to businesses acquired by small business issuers), has been raised type of offering frequently used in the small business issuers would be from 40% to 50% in recognition of the industry, the Commission has decided extended to all issuers, except that the to consider revision of Rule 3–14 in the present requirement applicable to all significant burden imposed by the lower context of its evaluation of a more issuers other than small business threshold. In addition, consistent with comprehensive disclosure scheme.30 issuers—that three years of audited the criteria for small business issuers, financial statements must be furnished financial statements for periods III. Increased Significance Thresholds for acquirees exceeding the 40% preceding the most recent two fiscal for Acquiree Financial Statements significance level—would be retained.33 years would not be required for The rules amended today raise the The Commission requested comment as acquired businesses reporting revenues 36 thresholds at which an acquired to the appropriate significance threshold below $25 million. business will be considered significant for determining when financial The revised rules are expected to be enough to require the provision of its statements that are not readily available less subjective in their application. audited financial statements in filings should be waived. Also, they will accomplish the goal of made under either the Exchange Act or As discussed above, many reducing the burden of providing the Securities Act. Issuers are required commenters criticized the ‘‘readily audited financial statements of acquired to report under Form 8–K the available’’ criterion because of the businesses, thereby increasing issuers’ acquisition of a significant business possibility of different interpretations flexibility to make registered offerings within 15 days of consummation of that and, therefore, different levels of without jeopardizing investor transaction. Prior to today’s disclosure based on factors such as an protection. Although investors will amendments, issuers were required to issuer’s discretionary scheduling of receive less information about some furnish audited financial statements of activities necessary to furnish the business acquisitions under the revised the acquired business as soon as financial statements. In addition, several rules, the Commission believes that the commenters favored raising the benefits of the amendments outweigh 28 The Commission may consider in the future significance thresholds for required that cost. certain recommendations to modify requirements financial statements and believed that a for financial statements of nonreporting companies IV. Cost-Benefit Analysis in registration statements relating to exchange requirement for readily available offers. See Section VI.B.2 of the Report of the Task financial statements at lower thresholds It is expected that the amendments Force on Disclosure Simplification, published by was unnecessary. Several commenters will decrease registrants’ costs and the Commission on March 6, 1996. expressed the view that imposition of 29 Audited income statements of significant compliance burdens because the acquired or to be acquired operating real estate the costs of providing financial instances in which financial statements properties are required to be furnished pursuant to statements of acquired businesses was of acquired businesses and the number Rule 3–14 of Regulation S–X and Item 310(e) of justified only at thresholds higher than of years for which such financial Regulation S–B [17 CFR 210.3–14 and 228.310(e)]. those in place currently. The income statements are required to be presented statements are required will be reduced, only for the most recent fiscal year, regardless of The amendments to Rule 3–05 of enabling issuers to avoid the cost of Regulation S–X and Item 310 of significance, if the property is not acquired from a preparing and auditing those related party and the registrant is not aware of any Regulation S–B adopted today do not statements. The amendments also are material factors relating to the specific property that include a ‘‘readily available’’ criterion, would cause the reported financial information not expected to reduce impediments to sales and provisions of Item 310 of Regulation to be necessarily indicative of future operating of securities in registered offerings, S–B are amended in a conforming results. The income statements may exclude items enabling companies the flexibility to not comparable to the proposed future operation of fashion to eliminate requirements to the property, such as mortgage interest, leasehold furnish financial statements based on rental, depreciation, corporate expenses and federal 34 See revisions to Item 310(c) of Regulation S–B. and state income taxes. Also, a technical correction revises a reference in 30 See Section IX.E. of the Report of the Task 31 See General Instructions and Items 2 and 7 of Form 8–K to paragraphs of Item 310 of Regulation Force on Disclosure Simplification, published by Form 8–K. S–B. See revisions to the General Instructions to the Commission on March 6, 1996, which discusses 32 See Item 310 of Regulation S–B [17 CFR Form 8–K. 228.310]. recommendations to streamline and update 35 See revisions to Rule 3–05 of Regulation S–X requirements of Industry Guide 5 pertaining to 33 See old Item 310(c) of Regulation S–B [17 CFR and Item 310(c) of Regulation S–B. partnerships and REITs. 228.310(c)]. 36 See Item 10 of Regulation S–B [17 CFR 228.10]. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54513 raise capital at a lower cost that may be Securities Act filing requirements, only Securities Act with respect to individual available through unregistered sales. small businesses that undertake a acquisitions below the 20% significance registered offering during the pendency level or individually insignificant V. Summary of Final Regulatory of an acquisition will be affected. Of the acquisitions below the 50% significance Flexibility Analysis above-referenced 1,100 companies, the level. Only one year of audited financial The Commission has prepared a Final Commission staff estimates that a statements, rather than two years, will Regulatory Flexibility Analysis pursuant maximum of approximately 50 be required for acquisitions falling in to the requirements of the Regulatory companies will be affected in any single the 20% to 40% significance levels; and Flexibility Act,37 regarding the fiscal year. The Commission staff does only two years, rather than three years, amendments to Rule 3–05 of Regulation not believe any will be negatively of audited financial statements will be S–X, Item 310 of Regulation S–B, Form affected by these amendments. With required for acquisitions falling in the S–4 and Form F–4 and Form 8–K. The respect to the amended Exchange Act 40% to 50% significance levels. The analysis notes that these amendments reporting requirements, the Commission amendments also permit omission of relating to financial statement staff does not believe the amendments audited financial statements of acquired requirements for acquired businesses will have any significant effect on the businesses between the 20% and 50% will provide issuers greater flexibility such 1,100 companies. Therefore, the significance levels from registration and efficiency in accessing the public economic impact of the proposed statements and proxy materials in securities markets. amendments would be only to lessen certain circumstances, although those As stated in the analysis, the the regulatory, reporting, recordkeeping financial statements will be required at amendments would eliminate certain and compliance burden on all reporting a later date in a Form 8–K. Although requirements that a company registering entities, both small and large. some of the differences will increase the securities under the Securities Act A copy of the Final Regulatory total annual burdens estimated at the provide information, including audited Flexibility Analysis may be obtained by proposing stage, other differences will financial statements, in the registration contacting Walter Van Dorn, Office of decrease the burdens estimated at the statement about significant acquisitions International Corporate Finance, proposing stage. The overall effect is from such time as the acquisition is Division of Corporation Finance at (202) that the differences will not result in probable, and provide an automatic 942–2990, U.S. Securities and Exchange any significant changes to the total waiver in some circumstances for such Commission, 450 Fifth Street, N.W., burden estimates that were submitted to financial statements under the Exchange Washington, D.C. 20549. OMB at the proposing stage. Act. The reduction in expense, time and effort resulting from the elimination of VI. Paperwork Reduction Act VII. Statutory Bases this requirement will benefit all entities In June, 1995, the staff submitted to The foregoing amendments to the that issue securities in the United the Office of Management and Budget Commission’s rules and forms are being States, including small entities. An (‘‘OMB’’) for review proposals to amend adopted pursuant to sections 2, 3, 4 and additional expected benefit of the the following information collections: 19 of the Securities Act of 1933 and amendments would be that offerings Form 10, Form 8–K, Form S–1, Form S– 3(b), 4A, 12, 13, 14, 15, 16 and 23 of the may be registered for sale in the United 2, Form S–3, Form SB–1, Form SB–2, Securities Exchange Act of 1934. States in situations where hitherto Form 20–F, Form F–1, Form F–2, and investors in the United States would Form F–3.38 These information List of Subjects in 17 CFR Parts 210, have been excluded due to the time and collections display an OMB control 228, 239, and 249 expense involved in registration. A number and expiration date.39 The Accountants, Accounting, Reporting resulting increase in registered offerings information collections are required to and recordkeeping requirements, in the United States by issuers could be be filed by companies registering Securities, Small businesses. expected to increase ease of investment securities under the Securities Act. The for small U.S. entities acting as Commission solicited comment on the Text of Amendments investors. compliance burdens associated with the In accordance with the foregoing, title As stated in the analysis, the proposals but received no public 17, chapter II of the Code of Federal proposed amendments would eliminate comment on the burden estimates. Regulations is to be amended as follows: certain requirements that a company As discussed in Sections II and III of registering securities under the this release, some changes to the PART 210ÐFORM AND CONTENT OF Securities Act provide information in a information collections are being AND REQUIREMENTS FOR FINANCIAL registration statement, including adopted that differ from the proposed STATEMENTS, SECURITIES ACT OF audited financial statements, about changes to such information collections. 1933, SECURITIES EXCHANGE ACT significant acquisitions from such time Specifically, audited annual and OF 1934, PUBLIC UTILITY HOLDING as the acquisition is probable, and unaudited interim financial statements COMPANY ACT OF 1935, INVESTMENT would provide an automatic waiver in of business acquired or to be acquired COMPANY ACT OF 1940, AND some circumstances for such financial will no longer be required in filings ENERGY POLICY AND statements under the Exchange Act. made under the Exchange Act or CONSERVATION ACT OF 1975 It is expected that the new rules will decrease reporting, recordkeeping and 38 There are no changes regarding the purpose, 1. The authority citation for part 210 compliance burdens for persons that are use or necessity of the information collections for continues to read as follows: small entities, as defined by the which OMB approval was requested, nor are there Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, changes to the estimates of reporting or Commission’s rules. The Commission is recordkeeping burden expected to result from 77aa(25), 77aa(26), 78l, 78m, 78n, 78o(d), aware of approximately 1,100 reporting adoption of the proposed amendments. See the 78w(a), 78ll(d), 79e(b), 79j(a), 79n, 79t(a), companies that currently satisfy the Proposing Release for estimates of changes in 80a–8, 80a–20, 80a–29, 80a–30, 80a–37a, definition of ‘‘small business’’ under reporting or recordkeeping burden. unless otherwise noted. 39 Unless a currently valid OMB number is Rule 157. With respect to the amended displayed, an agency may not sponsor or conduct 2. By amending § 210.3–05 by revising or require response to an information collection paragraphs (a)(3) and (b) to read as 37 5 U.S.C. 603 (1988). pursuant to 44 U.S.C. § 3506(c)(1)(B). follows: 54514 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

§ 210.3±05 Financial statements of (ii) If any of the conditions exceeds 20 statements have not previously been businesses acquired or to be acquired. percent, but none exceed 40 percent, filed by the registrant. (a) * * * financial statements shall be furnished (ii) An issuer, other than a foreign (3) Acquisitions of a group of related for at least the most recent fiscal year private issuer required to file reports on businesses that are probable or that have and any interim periods specified in Form 6–K, that omits from its initial occurred subsequent to the latest fiscal §§ 210.3–01 and 210.3–02. registration statement financial year-end for which audited financial (iii) If any of the conditions exceeds statements of a recently consummated statements of the registrant have been 40 percent, but none exceed 50 percent, business combination pursuant to filed shall be treated under this section financial statements shall be furnished paragraph (b)(4)(i) of this section shall as if they are a single business for at least the two most recent fiscal furnish those financial statements and combination. The required financial years and any interim periods specified any pro forma information specified by statements of related businesses may be in §§ 210.3–01 and 210.3–02. Article 11 of this chapter under cover of presented on a combined basis for any (iv) If any of the conditions exceeds Form 8–K (§ 249.308 of this chapter) no periods they are under common control 50 percent, the full financial statements later than 75 days after consummation or management. For purposes of this specified in §§ 210.3–01 and 210.3–02 of the acquisition. section, businesses shall be deemed to shall be furnished. However, financial (iii) Separate financial statements of be related if: statements for the earliest of the three the acquired business need not be (i) They are under common control or fiscal years required may be omitted if presented once the operating results of management; net revenues reported by the acquired the acquired business have been (ii) The acquisition of one business is business in its most recent fiscal year conditional on the acquisition of each reflected in the audited consolidated are less than $25 million. other business; or financial statements of the registrant for (iii) Each acquisition is conditioned (3) The determination shall be made a complete fiscal year unless such on a single common event. by comparing the most recent annual financial statements have not been financial statements of each such previously filed or unless the acquired * * * * * (b) Periods to be presented. (1) If business, or group of related businesses business is of such significance to the securities are being registered to be on a combined basis, to the registrant’s registrant that omission of such offered to the security holders of the most recent annual consolidated financial statements would materially business to be acquired, the financial financial statements filed at or prior to impair an investor’s ability to statements specified in §§ 210.3–01 and the date of acquisition. However, if the understand the historical financial 210.3–02 shall be furnished for the registrant made a significant acquisition results of the registrant. For example, if, business to be acquired, except as subsequent to the latest fiscal year-end at the date of acquisition, the acquired provided otherwise for filings on Form and filed a report on Form 8–K business met at least one of the N–14, S–4 or F–4 (§§ 239.23, 239.25 or (§ 249.308 of this chapter) which conditions in the definition of 239.34 of this chapter). The financial included audited financial statements of significant subsidiary in § 210.1–02 at statements covering fiscal years shall be such acquired business for the periods the 80 percent level, the income audited except as provided in Item 14 required by this section and the pro statements of the acquired business of Schedule 14A (§ 240.14a–101 of this forma financial information required by should normally continue to be chapter) with respect to certain proxy § 210.11, such determination may be furnished for such periods prior to the statements or in registration statements made by using pro forma amounts for purchase as may be necessary when filed on Forms N–14, S–4 or F–4 the latest fiscal year in the report on added to the time for which audited (§§ 239.23, 239.25 or 239.34 of this Form 8–K (§ 249.308 of this chapter) income statements after the purchase chapter). rather than by using the historical are filed to cover the equivalent of the (2) In all cases not specified in amounts of the registrant. The tests may period specified in § 210.3–02. paragraph (b)(1) of this section, financial not be made by ‘‘annualizing’’ data. (iv) A separate audited balance sheet statements of the business acquired or to (4) Financial statements required for of the acquired business is not required be acquired shall be filed for the periods the periods specified in paragraph (b)(2) when the registrant’s most recent specified in this paragraph (b)(2) or such of this section may be omitted to the audited balance sheet required by shorter period as the business has been extent specified as follows: § 210.3–01 is for a date after the date the in existence. The periods for which (i) Registration statements not subject acquisition was consummated. such financial statements are to be filed to the provisions of § 230.419 of this * * * * * shall be determined using the chapter (Regulation C) and proxy 3. By amending § 210.11–01 by conditions specified in the definition of statements need not include separate revising paragraphs (b) and (c) to read significant subsidiary in § 210.1–02(w) financial statements of the acquired or as follows: as follows: to be acquired business if it does not (i) If none of the conditions exceeds exceed any of the conditions of § 210.11±01 Presentation requirements. 20 percent, financial statements are not significance in the definition of * * * * * required. However, if the aggregate significant subsidiary in § 210.1–02 at (b) A business combination or impact of the individually insignificant the 50 percent level, and either: disposition of a business shall be businesses acquired since the date of the (A) The consummation of the considered significant if: most recent audited balance sheet filed acquisition has not yet occurred; or (1) A comparison of the most recent for the registrant exceeds 50%, financial (B) The date of the final prospectus or annual financial statements of the statements covering at least the prospectus supplement relating to an business acquired or to be acquired and substantial majority of the businesses offering as filed with the Commission the registrant’s most recent annual acquired shall be furnished. Such pursuant to § 230.424(b) of this chapter, consolidated financial statements filed financial statements shall be for at least or mailing date in the case of a proxy at or prior to the date of acquisition the most recent fiscal year and any statement, is no more than 74 days after indicates that the business would be a interim periods specified in §§ 210.3–01 consummation of the business significant subsidiary pursuant to the and 210.3–02. combination, and the financial conditions specified in § 210.1–02(w), Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54515 substituting 20 percent for 10 percent (2) The periods for which financial a date after the acquisition was each place it appears therein; or statements are to be presented are consummated. (2) The business to be disposed of determined by comparison of the most (iii) If the aggregate impact of meets the conditions of a significant recent annual financial statements of the individually insignificant businesses subsidiary in § 210.1–02(w). business acquired or to be acquired and acquired since the date of the most (c) The pro forma effects of a business the small business issuer’s most recent recent audited balance sheet filed for combination need not be presented annual financial statements filed at or the registrant exceeds 50%, financial pursuant to this section if separate prior to the date of acquisition to statements covering at least the financial statements of the acquired evaluate each of the following substantial majority of the businesses business are not included in the filing. conditions: acquired shall be furnished. Such * * * * * (i) Compare the small business financial statements shall be for the issuer’s investments in and advances to most recent fiscal year and any interim PART 228ÐINTEGRATED the acquiree to the total consolidated DISCLOSURE SYSTEM FOR SMALL periods specified in paragraph (b) of this assets of the small business issuer as of Item. BUSINESS ISSUERS the end of the most recently completed (iv) Registration statements not fiscal year. For a proposed business 4. The authority citation for part 228 subject to the provisions of § 230.419 of combination to be accounted for as a continues to read as follows: this chapter (Regulation C) and proxy pooling of interests, also compare the Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, statements need not include separate number of common shares exchanged or 77k, 77s, 77aa(25), 77aa(26), 77ddd, 77eee, financial statements of the acquired or to be exchanged by the small business 77ggg, 77hhh, 77jjj, 77nnn, 77sss, 78l, 78m, to be acquired business if it does not 78n, 78o, 78w, 78ll, 80a–8, 80a–29, 80a–30, issuer to its total common shares meet or exceed any of the conditions 80a–37, 80b–11, unless otherwise noted. outstanding at the date the combination specified in paragraph (c)(2) of this Item is initiated. 5. By amending § 228.310 by revising at the 50 percent level, and either: paragraphs (c) and (d)(1), removing (ii) Compare the small business (A) The consummation of the paragraph (d)(2), and redesignating issuer’s proportionate share of the total paragraph (d)(3) as paragraph (d)(2), to assets (after intercompany eliminations) acquisition has not yet occurred; or read as follows: of the acquiree to the total consolidated (B) The effective date of the assets of the small business issuer as of registration statement, or mailing date in § 228.310 (Item 310) Financial Statements. the end of the most recently completed the case of a proxy statement, is no more * * * * * fiscal year. than 74 days after consummation of the (c) Financial Statements of Businesses (iii) Compare the small business business combination, and the financial Acquired or to be Acquired. (1) If a issuer’s equity in the income from statements have not been filed business combination accounted for as a continuing operations before income previously by the registrant. ‘‘purchase’’ has occurred or is probable, taxes, extraordinary items and (v) An issuer that omits from its initial or if a business combination accounted cumulative effect of a change in registration statement financial for as a ‘‘pooling of interest’’ is probable, accounting principles of the acquiree to statements of a recently consummated financial statements of the business such consolidated income of the small business combination pursuant to acquired or to be acquired shall be business issuer for the most recently paragraph (c)(3)(iv) of this section shall furnished for the periods specified in completed fiscal year. furnish those financial statements and paragraph (c)(3) of this Item. (i) The term ‘‘purchase’’ encompasses Computational note to paragraph (c)(2): any pro forma information specified by the purchase of an interest in a business For purposes of making the prescribed paragraph (d) of this Item under cover accounted for by the equity method. income test the following guidance should be of Form 8–K (§ 249.308 of this chapter) (ii) Acquisitions of a group of related applied: If income of the small business no later than 75 days after businesses that are probable or that have issuer and its subsidiaries consolidated for consummation of the acquisition. the most recent fiscal year is at least 10 occurred subsequent to the latest fiscal percent lower than the average of the income (4) If the small business issuer made year-end for which audited financial for the last five fiscal years, such average a significant business acquisition statements of the issuer have been filed income should be substituted for purposes of subsequent to the latest fiscal year end shall be treated as if they are a single the computation. Any loss years should be and filed a report on Form 8–K which business combination for purposes of omitted for purposes of computing average included audited financial statements of this section. The required financial income. such acquired business for the periods statements of related businesses may be (3)(i) If none of the conditions required by paragraph (c)(3) of this Item presented on a combined basis for any specified in paragraph (c)(2) of this Item and the pro forma financial information periods they are under common control exceeds 20%, financial statements are required by paragraph (d) of this Item, or management. A group of businesses not required. If any of the conditions the determination of significance may are deemed to be related if: exceed 20%, but none exceeds 40%, be made by using pro forma amounts for (A) They are under common control the latest fiscal year in the report on or management; financial statements shall be furnished for the most recent fiscal year and any Form 8–K rather than by using the (B) The acquisition of one business is historical amounts of the registrant. The conditional on the acquisition of each interim periods specified in paragraph (b) of this item. If any of the conditions tests may not be made by ‘‘annualizing’’ other business; or data. (C) Each acquisition is conditioned on exceed 40%, financial statements shall a single common event. be furnished for the two most recent (d) Pro Forma Financial Information. (iii) Annual financial statements fiscal years and any interim periods (1) Pro forma information showing the required by this paragraph (c) shall be specified in paragraph (b) of this item. effects of the acquisition shall be audited. The form and content of the (ii) The separate audited balance sheet furnished if financial statements of a financial statements shall be in of the acquired business is not required business acquired or to be acquired are accordance with paragraphs (a) and (b) when the small business issuer’s most presented. of this Item. recent audited balance sheet filed is for * * * * * 54516 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations

PART 239ÐFORMS PRESCRIBED annual report on Form 20–F (17 CFR Item 2. Acquisition or Disposition of UNDER THE SECURITIES ACT OF 1993 249.220f) had the company being Assets. acquired been required to prepare such 6. The authority citation for part 239 * * * * * a report; Provided, however, that the Instructions. continues to read in part as follows: balance sheet for the year preceding the * * * * * Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, latest full fiscal year and the income 4. An acquisition or disposition shall 77sss, 78c, 78l, 78m, 78n, 78o(d), 78w(a), statements for the two years preceding 78ll(d), 79e, 79f, 79g, 79j, 79l, 79m, 79n, 79q, be deemed to involve a significant 79t, 80a–8, 80a–29, 80a–30 and 80a–37, the latest full fiscal year need not be amount of assets (i) if the registrant’s unless otherwise noted. audited if they have not previously been and its other subsidiaries’ equity in the * * * * * audited. In any case, such financial net book value of such assets or the 7. By revising paragraph (b)(7) of Item statements need only be audited to the amount paid or received therefor upon 17 of Form S–4 (referenced in § 239.25) extent practicable. If this Form is used such acquisition or disposition to read as follows: for resales to the public by any person exceeded 10 percent of the total assets who with regard to the securities being of the registrant and its consolidated Note: Form S–4 does not and these reoffered is deemed to be an amendments will not appear in the Code of subsidiaries, or (ii) if it involved a Federal Regulations. underwriter within the meaning of Rule business (see § 210.11–01(d)) which is 145(c) (§ 230.145(c) of this chapter), the significant (see § 210.11.01(b)). Form S–4 financial statements of such companies Acquisitions of individually * * * * * must be audited for the fiscal years insignificant businesses are not required Item 17. Information with Respect to required to be presented pursuant to to be reported pursuant to this item Companies Other Than S–3 or S–2 paragraph (b)(2) of Rule 3–05 of unless they are related businesses (see Companies. Regulation S–X (17 CFR 210.3–05). § 210.3–05(a)(3)) and are, in the * * * * * * * * * * aggregate, significant. (b) * * * * * * * * (7) Financial statements as would PART 249ÐFORMS, SECURITIES Item 7. Financial Statements and have been required to be included in an EXCHANGE ACT OF 1934 Exhibits. annual report furnished to security * * * * * holders pursuant to Rules 14a–3 (b)(1) 9. The authority citation for part 249 (a) * * * and (b)(2) (§ 240.14a–3 of this chapter) continues to read in part as follows: (4) Financial statements required by or Rules 14c–3 (a)(1) and (a)(2) Authority: 15 U.S.C. 78a, et seq., unless this item may be filed with the initial (§ 240.14c–3 of this chapter), had the otherwise noted; report, or by amendment not later than company being acquired been required * * * * * 60 days after the date that the initial to prepare such a report; Provided, report on Form 8–K must be filed. If the however, that the balance sheet for the 10. By amending Form 8–K financial statements are not included in year preceding the latest full fiscal year (referenced in § 249.308) by removing the initial report, the registrant should and the income statements for the two Instruction 2, by revising paragraph C.3 so indicate in the Form 8–K report and years preceding the latest full fiscal year of the General Instructions, revising state when the required financial need not be audited if they have not Instruction 4 of Item 2, and revising statements will be filed. The registrant previously been audited. In any case, paragraph (a)(4) and Instruction 1 of may, at its option, include unaudited such financial statements need only be Item 7 to read as follows: financial statements in the initial report audited to the extent practicable. If this Note: Form 8–K does not and these on Form 8–K. Form is used for resales to the public by amendments will not appear in the Code of * * * * * any person who with regard to the Federal Regulations. Instructions. 1. During the period after securities being reoffered is deemed to Form 8–K a registrant has reported a business be an underwriter within the meaning of combination pursuant to Item 2 above Rule 145(c) (§ 230.145(c) of this * * * * * until the date on which the financial chapter), the financial statements of GENERAL INSTRUCTIONS statements specified by Item 7 above such companies must be audited for the must be filed, the registrant will be fiscal years required to be presented * * * * * deemed current for purposes of its pursuant to paragraph (b)(2) of Rule 3– C. Application of General Rules and reporting obligations under section 13(a) 05 of Regulation S–X (17 CFR 210.3–05). Regulations or 15(d) of the Securities Exchange Act of 1934. With respect to filings under * * * * * * * * * * 8. By revising paragraph (b)(5) of Item the Securities Act of 1933, however, 17 of Form F–4 (referenced in § 239.34) 3. A ‘‘small business issuer,’’ defined registration statements will not be to read as follows: under Rule 12b-2 of the Exchange Act declared effective and post-effective (§ 240.12b-2 of this chapter), shall refer amendments to registrations statements Note: Form F–4 does not and these to the disclosure items in Regulation S– amendments will not appear in the Code of will not be declared effective unless Federal Regulations. B (17 CFR 228.10 et seq.) and not financial statements meeting the Regulation S–K. If there is no requirements of Rule 3–05 of Regulation Form F–4 comparable disclosure item in S–X (§ 210.3–05 of this chapter) are * * * * * Regulation S–B, a small business issuer provided. In addition, offerings should Item 17. Information with Respect to need not provide the information not be made pursuant to effective Foreign Companies Other Than requested. A small business issuer shall registrations statements or pursuant to F–3 or F–2 Companies. provide the information required by Rules 505 and 506 of Regulation D * * * * * Item 310 (c) and (d) of Regulation S–B (§§ 230.501 through 506 of this chapter), (b) * * * in lieu of the financial information where any purchasers are not accredited (5) Financial statements as would required by Item 7 of this Form. investors under Rule 5–01(a) of that have been required to be included in an * * * * * Regulation, until the audited financial Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Rules and Regulations 54517 statements required by Rule 3–05 of convertible securities or upon the (e) Sales of securities pursuant to Rule Regulation S–X (§ 210.3–05 of this exercise of outstanding warrants or 144 (§ 230.144 of this chapter). chapter) are filed. Provided, however, rights; * * * * * that the following offerings or sales of (b) Dividend or interest reinvestment Dated: October 10, 1996. securities may proceed notwithstanding plans; By the Commission. that financial statements of the acquired (c) Employee benefit plans; Margaret H. McFarland, business have not been filed: Deputy Secretary. (d) Transactions involving secondary (a) Offerings or sales of securities [FR Doc. 96–26561 Filed 10–17–96; 8:45 am] offerings; or upon the conversion of outstanding BILLING CODE 8010±01±P 54518 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

SECURITIES AND EXCHANGE would not be deemed to have made an conferences, issue press releases, and COMMISSION ‘‘offer’’ for the purposes of Section 5 2 of meet with members of the press when the Securities Act of 1933 (the offering securities or conducting a 17 CFR Parts 230 and 240 ‘‘Securities Act’’), by virtue of providing tender offer. As contrasted with the [Release Nos. 33±7356; 34±37803; File No. any journalist, whether foreign or traditional and permitted offering S7±26±96; International Series Release No. domestic, with access to press process in the United States which does 1022] conferences held outside the United not freely allow such activities to occur, States, to meetings with issuer or selling these activities are not only permitted RIN 3235±AG85 security holder representatives by foreign regulatory regimes, but in fact Offshore Press Conferences, Meetings conducted outside the United States, or often are an integral part of the offering With Company Representatives to press related materials released or tender offer process in some foreign outside the United States, at or in which jurisdictions. Conducted Offshore and Press Related a present or proposed offering of The Commission has been made Materials Released Offshore securities is discussed. Likewise, the aware for a number of years that AGENCY: Securities and Exchange Commission proposes amending journalists for publications with a Commission. existing rules 3 to make clear that significant U.S. circulation (whether the ACTION: Proposed rule. providing such access would not be publication is U.S.-based or foreign- deemed ‘‘directed selling efforts’’ within based) have had difficulty obtaining SUMMARY: The Securities and Exchange the meaning of Regulation S 4 under the direct access to offshore press Commission (the ‘‘Commission’’) is Securities Act, or a ‘‘general conferences, offshore meetings with publishing for comment proposed safe solicitation’’ within the meaning of company representatives and press harbors designed to facilitate U.S. press Regulation D 5 under the Securities Act. materials released offshore where a access to offshore press activities. The In addition, a bidder for securities of a present or proposed offering of safe harbors would clarify the foreign private issuer, as well as the securities or tender offer is discussed. conditions under which journalists may subject company, their representatives, These journalists have been told by be provided with access to offshore or any other person specified in Rule company representatives that their press conferences, offshore meetings 14d–9(d) 6 under the Securities access to these events or materials is and press materials released offshore, Exchange Act of 1934 (the ‘‘Exchange restricted because of uncertainty where a present or proposed offering of Act’’), will not be subject to the filing whether such access would result in a securities or tender offer is discussed, and procedural requirements of violation of the U.S. federal regulatory without violating the provisions of Regulations 14D and 14E 7 under the requirements for offerings of securities section 5 of the Securities Act, or the Exchange Act, by virtue of providing or tender offers. procedural requirements of the tender any journalist, whether foreign or The Commission has been sensitive to offer rules promulgated under the domestic, with access to its press the concerns of journalists for Williams Act. conferences held outside the United publications with U.S. circulation that DATES: Comments should be received on States, to meetings with its they not be denied access to the same or before December 17, 1996. representatives conducted outside the information made available to journalists for foreign publications with ADDRESSES: Comments should be United States, or to press related minimal or no U.S. circulation when submitted in triplicate to Jonathan G. materials released outside the United covering offshore offerings or tender Katz, Secretary, Securities and Exchange States, at or in which a present or offers and has provided prior guidance Commission, 450 Fifth Street, N.W., proposed tender offer is discussed. in this area. The Commission and staff Stop 6–9, Washington, D.C. 20549. I. Background already have taken a number of actions, Comment letters also may be submitted In today’s global securities markets, both through rulemaking and electronically to the following electronic corporate transactions involving interpretations, to address the problem mail address: [email protected]. securities (whether public offerings, of press access to information about Comment letters should refer to File No. acquisitions, exchange offers or tender offerings of securities by foreign S7–26–96; this file number should be offers) are increasingly newsworthy companies,8 including specific guidance included in the subject line if electronic events, regardless of where in the world in Regulation S stating that such mail is used. All comment letters these transactions are taking place. The contacts do not raise Securities Act received will be available for public U.S. financial press, and foreign registration concerns under certain inspection and copying in the publications with a general circulation circumstances.9 Similarly, the Commission’s public reference room, in the United States, often provide news 450 Fifth Street, N.W., Washington, D.C. coverage of these transactions, even if 8 See generally Securities Act Rules 135 (notice 20549. Electronically submitted the transaction does not involve U.S. given by an issuer that it proposes to make a registered public offering of securities) and 135c comment letters will be posted on the companies and will not take place in the Commission’s Internet Web site (http:// (notice by an issuer that it proposes to make, is United States. In addition, in some making, or has made an offering of securities not www.sec.gov). foreign countries, companies offering registered or required to be registered under the FOR FURTHER INFORMATION CONTACT: securities, or soliciting tenders of Securities Act), 17 CFR 230.135 and 230.135c. Luise M. Welby, Office of International 9 Preliminary Note 7 to Regulation S specifically securities, commonly conduct press states that: ‘‘Nothing in these rules precludes access Corporate Finance, Division of by journalists for publications with a general Corporation Finance, at (202) 942–2990. 2 15 U.S.C. 77e. circulation in the United States to offshore press SUPPLEMENTARY INFORMATION: The 3 Proposed amendments to Rule 502(c) of conferences, press releases and meetings with company press spokespersons in which an offshore Commission is publishing for comment Regulation D (17 CFR 230.502(c)) and Rule 902(b) of Regulation S (17 CFR 230.902(b)). offering or tender offer is discussed, provided that a proposed rule 1 that would establish a the information is made available to the foreign and 4 17 CFR 230.901–230.904 and Preliminary Notes. United States press generally and is not intended safe harbor whereby an issuer, selling 5 17 CFR 230.501–230.508 and Preliminary Notes. to induce purchases of securities by persons in the security holder, or their representatives, 6 17 CFR 240.14d–9(d). See infra n.29. United States or tenders of securities by United 7 17 CFR 240.14d–1—240.14d–10; 17 CFR States holders in the case of exchange offers.’’ 1 Proposed Rule 135e. 240.14e–1—240.14e–2. Supra n.4. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54519

Commission staff has emphasized that has expressed its concern through the press releases that discuss the offering U.S. press coverage of tender offers for legislative process. Recently passed or tender offer—without running afoul the securities of foreign companies does legislation directs the Commission to of U.S. securities regulations. not trigger the procedural requirements adopt rules to address the applicability Otherwise, U.S. issuers may be unfairly of the Williams Act.10 of the Securities Act to the issue of disadvantaged in their ability to raise Despite the previous efforts by the foreign press conferences and foreign capital in other countries, or to acquire Commission and its staff to clarify this press releases.12 the securities of foreign companies. area, the Commission has been informed In response to the concerns expressed The proposed rules are intended to that U.S. journalists, and foreign by the press and the recently passed provide greater assurance to companies journalists for publications or other legislation, the Commission reiterates its news services with a general circulation previously expressed view that the U.S. that such access does not implicate the in the United States, continue to be federal securities laws do not require procedural and filing provisions of the excluded from offshore press that journalists for publications with federal securities laws. The new rule, conferences and offshore meetings with U.S. circulation be excluded from and amendment of existing rules, representatives, and denied access to offshore press conferences, meetings, or should eliminate perceived grounds for press related materials released offshore. other press coverage concerning the exclusion of U.S. journalists, or Foreign issuers involved in global offshore offerings or tender offers. The journalists for foreign publications and offerings with a public or private U.S. Commission believes that such access other news services with a general tranche continue to be concerned that currently is provided for legitimate circulation in the United States, from contacts with journalists for journalistic purposes consistent with access to foreign press conferences, publications with a general circulation traditional international practices, not to offshore meetings with representatives, in the United States could constitute circumvent the U.S. federal securities or press related materials released ‘‘gun jumping’’ and thus improper offers laws. Moreover, in the Commission’s offshore. The safe harbors proposed under the Securities Act,11 or a general view, the imposition of such a today address only the regulatory filing solicitation in violation of a private requirement would be meaningless in and disclosure requirements of Section offering exemption. Even where no U.S. many instances in terms of investor 5 of the Securities Act and the Williams offering is contemplated, foreign issuers protection, since denying access to Act,13 but not the antifraud, civil conducting large newsworthy offshore journalists for publications with U.S. liability, or other provisions of the offerings of securities in accordance circulation does not prevent such federal securities laws with respect to with local offering practices also deny journalists from indirectly receiving the material misstatements or omissions in such journalists access to offshore information disseminated to the foreign the press communications, whether oral meetings, news conferences and press press. Rather, the receipt of such or written. materials due to concern that allowing information is merely delayed, thereby The proposed safe harbors are such access would violate the unnecessarily competitively intended to address a specific identified prohibition on directed selling efforts disadvantaging the journalist denied problem—to remove obstacles faced by under Regulation S. In addition, a direct access to the information. The journalists for publications with U.S. foreign company that is either the proposed safe harbors are intended to circulation in obtaining access to bidder for the securities of another reflect existing offering practices in offshore press activities. The foreign company, or the subject of a certain foreign countries and level the Commission recognizes that the present or proposed tender offer itself, playing field between U.S. and foreign proposed safe harbor is broad in may deny such journalists access to the journalists with respect to these application because it applies to press same activities or materials due to practices, although the proposed rule activities in any foreign country and can concerns regarding triggering the filing does not require that press activities be be utilized by any issuer conducting and procedural requirements of the limited to countries where such press some portion of its offering offshore. Williams Act. The Commission has been activities are a traditional part of the This release includes specific questions advised that continued concerns focus offering process. about the appropriate scope of the on uncertainty regarding the Moreover, the proposed safe harbors proposed safe harbors.14 These applicability of the language in previous also would allow U.S. companies to proposals, however, do not attempt to Commission guidance that the provision avail themselves of local offering of the access not be ‘‘intended to practices when conducting an offshore address, or to suggest a framework for induce’’ participation in the offer by offering, or a tender offer for the addressing, broader policy questions, persons in the United States. securities of a foreign company. The such as how publicity during the The U.S. Congress also has been Commission preliminarily believes that offering process should be regulated aware of this continued exclusion and U.S. companies conducting offerings in generally or the U.S. regulatory foreign countries, or soliciting tenders of implications of the dissemination of 10 See Reuters Holding plc, SEC No-Action Letter the securities of foreign companies, information concerning present or (publicly available March 6, 1990), stating: ‘‘* ** should be able to conduct the offshore proposed offerings or tender offers using the Commission’s rules are not intended to limit or portion of their offering or tender offer electronic media such as the Internet in interfere with news stories or other bona fide the international environment. The journalistic activities, or otherwise hinder the flow in the same manner as foreign issuers— of normal corporate news. Access by American i.e., in accordance with local practice, Commission’s Securities Act Concept journalists or non-U.S. journalists whose reports are such as by holding press conferences or disseminated in the U.S. to offshore press 13 If a proposed transaction potentially could conferences, press releases and company press meetings with the press, or by issuing implicate both the Securities Act and the Williams spokesmen in which an offshore tender offer is Act (for example, an exchange offer), the provisions discussed need not be limited where the 12 H.R. 3005, the National Securities Markets of the Securities Act safe harbor would be available information is made available to the foreign and Improvements Act of 1996, which was recently for relief under the Securities Act, and the tender U.S. press generally and is not intended to induce passed by the Congress and is awaiting the offer safe harbor would provide relief with respect participation in the offer by U.S. holders.’’ signature of the President, recognizes this problem to the Williams Act, assuming that all the 11 See Report of the Task Force on Disclosure and directs the Commission to conduct rulemaking Simplification to the Securities and Exchange to clarify the status under the Securities Act of conditions of the respective safe harbors are Commission (March 5, 1996), at 33. offshore press activity. satisfied. 14 See infra p. 14–16, and p. 24–27. 54520 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Release issued in July 1996 15 raises a subjective and causes many issuers to activities traditionally have occurred in number of questions, and presents a continue to feel uncomfortable about each of these cases and journalists for variety of approaches, to dealing with admitting journalists for publications publications with a circulation in the some of these issues in the context of an with a general circulation in the United United States have been excluded due overall framework. States to offshore press activities. It also to perceived problems with Commission is the Commission’s understanding that II. Proposals rules. Thus, the safe harbor would not offshore press conferences, meetings be available for an offering exclusively A. Securities Act Safe Harbor with representatives conducted in the United States, because similar Under the proposed Securities Act offshore, and the release of press related press activities in the United States have safe harbor, an issuer, selling security materials offshore, are conducted today been viewed as inconsistent with holder, or their representatives, would based on local practices and for offering practices in the United States not be deemed to have (i) made an offer legitimate business purposes—not to due to, among other things, a concern for purposes of Section 5; (ii) engaged in induce participation in the offering by that these press activities may be used a general solicitation or general persons in the United States without the to ‘‘condition the market.’’ advertising within the meaning of protections of the U.S. federal securities Comment is requested whether the Regulation D; or (iii) engaged in laws. Consistent with this background proposed application of the safe harbor ‘‘directed selling efforts’’ within the and to increase the utility of the safe in each of the situations enumerated meaning of Regulation S, by allowing harbor, the Commission is proposing a above is appropriate. For example, is it journalists access to offshore press purely objective test—no intent or appropriate, as proposed, to provide conferences, meetings with issuer or similar subjective elements are protections for these activities when a selling security holder representatives included. In the event that abusive U.S. private placement is planned? Are conducted offshore, or press related practices designed to evade the investor there types of offerings, such as initial materials released offshore, where or in protection mandate of the federal public offerings, that should be which a present or proposed offering of securities laws develop under the excluded from the safe harbor? Are securities is discussed, provided certain proposed safe harbor, the Commission there any other contexts not covered by conditions are met. As described below, will revisit some or all portions of the the proposed safe harbor in which the these four conditions require that the rules as appropriate. proposed safe harbor should be applied? press activity be conducted offshore, at Comment is requested as to whether Should the safe harbor apply to press least part of the offering be conducted this lack of an ‘‘intent’’ requirement is activities, whether offshore or in the appropriate, or whether a subjective outside the United States, that the United States, in connection with standard should continue to apply. If a access also be provided to foreign press, offerings exclusively in the United subjective standard is appropriate, not just the U.S. press, and that any States? Do U.S.-only offerings have should the same ‘‘inducement’’ standard written materials to which journalists unique characteristics that would make be retained, or would a different are provided access under the safe these press activities inappropriate? harbor that are related to certain subjective standard be more appropriate? Would the absence of an As currently proposed, all domestic offerings likely to have significant U.S. and foreign issuers conducting offshore investor interest contain a cautionary intent element permit conduct that, while in technical compliance with the offerings would be eligible for the safe legend and do not attach any form of harbor, regardless of the type of issuer, purchase order or coupon that could be safe harbor, nevertheless is inconsistent with the purposes of the Securities Act? and whether it files periodic reports returned to express interest in the under the Exchange Act with the offering. Conversely, if an intent element were included as a condition of the safe Commission. The Commission As noted above, the safe harbor relates preliminarily believes that ‘‘issuer’’ solely to the applicability of the harbor, would issuers continue to exclude U.S. press? limitations of this kind would be registration requirements of Section 5 of inconsistent with the purposes of the the Securities Act and does not limit in 2. Coverage of the Safe Harbor proposed safe harbor and would not any way the scope or applicability of the The proposed Securities Act safe further investor protection. Restricting antifraud or other provisions of the harbor would apply to the definition of the access of U.S. journalists to offshore federal securities laws, including ‘‘offer’’ for the purposes of Section 5, the press activities of specified classes of Sections 12(a)(2) and 17(a) of the concept of ‘‘directed selling efforts’’ issuers would not appear to prevent the Securities Act, relating to both oral and information from reaching U.S. written material misstatements and under Rule 902(b) of Regulation S, and ‘‘general solicitation’’ under Rule 502(c) persons—it merely delays the receipt omissions in the offer and sale of and places U.S. journalists at a securities. of Regulation D. Consequently, the safe harbor would be available in each of the competitive disadvantage. Comment is 1. Use of an Objective Test following situations: requested, however, whether issuer • Prior Commission and staff guidance An offshore offering that will eligibility requirements should be include a registered U.S. tranche; imposed. First, as discussed above, the concerning foreign press activities has • stated that such activities generally do An offshore offering that will not safe harbors would be available to not raise concerns provided that they include any U.S. offering (whether domestic issuers conducting offerings are not undertaken for the purpose of registered or exempt); and that include an offshore tranche so that • An offshore offering that will inducing purchases of securities by domestic and foreign issuers would be include a U.S. tranche not registered in persons in the United States.16 As stated on equal footing in seeking capital reliance upon the Section 4(2) private above, the Commission understands that offshore. Is it appropriate to include placement exemption or any other this ‘‘intent’’ standard is considered by domestic issuers, or would their available Securities Act exemption. issuers and their counsel to be too inclusion raise concerns that these The Commission proposes to make the issuers might be more likely to use 15 Securities Act Rel. 7314 (July 25, 1996) [61 FR safe harbor available for each of these offshore press activities to evade 40044 (July 31, 1996)]. situations based on the Commission’s important investor protections provided 16 See supra n.9 and n.10. understanding that offshore press by the federal securities laws? Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54521

Assuming domestic issuers are activities conducted by entities or report rules, such as Rules 138 and included, should different eligibility individuals other than the issuer or the 139.18 The benefit of the safe harbor to standards apply to domestic issuers selling security holder. Should the issuers or selling security holders with than to foreign issuers? For example, Commission specifically define who or respect to oral or written should only large multinational what parties would constitute communications to journalists would domestic companies be covered, or ‘‘representatives’’ of the issuer or the not become unavailable, however, should smaller companies be eligible as selling security holder? Should such merely because nonjournalists attend well? Would it be appropriate to limit definition be inclusionary or the press conferences or meetings, or the safe harbor for domestic companies exclusionary in nature? have access to the press related to those eligible to use Form S–3 for a The Commission is not proposing a materials. primary common stock offering based definition of ‘‘journalist’’ as part of the The proposed rule would not restrict on, among other things, an assumption proposed safe harbor. It is expected that the content of the information that may that their activities are followed by the the term ‘‘journalist’’ would be broadly be discussed during the press related press? Should the threshold be higher interpreted to cover reporters and other activities. The Commission than the current Form S–3 eligibility representatives of news services. preliminarily is concerned that such a requirements? Should any distinction Comment is requested whether the restriction would limit the ability of depend on whether the domestic issuer Commission should include a definition issuers to use the safe harbor or that will be conducting any portion of the of the term ‘‘journalist’’ as part of the U.S. journalists may continue to be offering in the United States, and if so, proposed safe harbor, and if so, excluded from offshore press activities how? according to what criteria. where the issuer expects the content to Comment also is requested whether The Commission also does not exceed the scope of the rule. Comment there are classes of issuers, whether propose limiting the safe harbor to is requested whether the proposed safe foreign or domestic, that should not be journalists for publications with a harbor should limit the information that eligible for the safe harbor. For example, specified minimum U.S. circulation or may be discussed at the press are there classes of issuers who lack to any particular news medium. In the conference or meeting. Further, should legitimate (i.e., non-market Commission’s view, journalists for the information set forth in any written conditioning) reasons to inform the smaller publications, newsletters and press related materials released under press of their offering activities due to other services should benefit from the the safe harbor be restricted (e.g., similar their small size or lack of press safe harbor as well. Is this view to the restrictions in Rules 135 or 135c following? Should historically appropriate, or should the safe harbor be under the Securities Act)? Should the ‘‘problematic’’ types of issuers (e.g., limited to large international news rule limit the type or nature of written partnerships, blank check companies or organizations only? If the latter materials that may be distributed to the penny stock issuers) be excluded from approach is used, should the rule define press under the safe harbor (e.g., press the proposed rule? ‘‘international news organization,’’ and releases, prospectuses, sales literature)? The Commission also proposes that if so, how? the safe harbor be available for selling The Commission is concerned, 3. Conditions To Minimize Possibility of security holders as well as issuers. The however, that the safe harbor be Abuse Commission staff has been informed available only for legitimate meetings The Commission is concerned that, in that governments conducting with, or releases to, members of the the future, issuers may attempt to use privatizations, or holding companies press. Therefore, the safe harbor would the new procedural protections of the conducting demergers, often avail not cover paid advertisements.17 Should safe harbor to circumvent important themselves of local offering practices the Commission define ‘‘paid Securities Act protections. when offering securities as selling advertisements’’ or provide further Consequently, the proposed safe harbor security holders. Comment is requested interpretive guidance on the ability to includes certain conditions that may whether selling security holders should utilize wire services that the issuer pays minimize the possibility of abuse. be able to avail themselves of the safe to run its press releases and other news Comment is requested generally harbor. items? Also, the Commission would not whether there is a different approach In addition, the Commission does not consider analysts’ reports to come that would accomplish the propose limiting relief to press within the new safe harbor—analysts’ Commission’s stated objectives conferences or meetings held only by reports would continue to be governed consistent with investor protection. the issuer or a selling security holder, or by the existing Securities Act research a. Press Activity Must Take Place press related materials released by Offshore. Under the proposed safe either of them. Rather, the proposed safe 17 For similar statements previously made by the harbor, the press conference or meeting harbor also would cover any of such Commission regarding paid advertisements, see the with issuer or selling security holder definition of ‘‘directed selling efforts’’ under activities conducted by representatives Regulation S, stating that directed selling efforts representatives to which access is of the issuer or the selling security would include the ‘‘placement of an advertisement provided to journalists must be holder, such as underwriters and public in a publication with a general circulation in the conducted outside the United States, relations firms. The Commission United States that refers to the offering of securities and any press related materials to which being made in reliance upon this Regulation S.’’ 17 preliminarily believes that the safe CFR 230.902(b)(1). See also Offshore Offers and access is provided to journalists must be harbor should be available to issuers Sales, Securities Act Rel. 6863 (April 24, 1990) [55 released outside the United States. The and selling security holders that use FR 18306 (May 2, 1990)], stating that the proposed safe harbor is intended to be agents and other advisers to conduct prohibition in Regulation S against ‘‘directed selling a narrow statement regarding whether efforts’’ would preclude, among other things, their press related activities; on the activities such as ‘‘placing advertisements with the procedural and filing requirements other hand, there does not appear to be radio and television stations broadcasting into the under the U.S. federal securities laws any need to extend the safe harbor to United States or in publications with a general are triggered by allowing journalists for press related activities of persons with circulation in the United States, which discuss the publications with U.S. circulation offering or are otherwise intended to condition, or no relationship to the issuer. Comment could reasonably be expected to condition, the access to certain offshore press is requested as to the appropriateness of market for the securities purportedly being offered the applicability of the safe harbor to abroad.’’ 18 17 CFR 230.138 and 230.139. 54522 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules activities, recognizing that foreign provide guidance on whether follow-up whether, for example, the issuer is a offering practices differ from the U.S. activities can take place with one foreign or domestic issuer, Exchange offering practices currently permitted participant in a communication being Act reporting or nonreporting, eligible under the U.S. federal securities laws.19 physically located in the United States? for Form S–3/F–3, or otherwise? Should Comment is requested whether this Should the rule contain geographical the standard depend on the type of narrow approach is appropriate. Should restrictions at all, or, alternatively, offering (registered or exempt), or the it matter under the proposed safe harbor should the rule require that only part of type of security to be offered (e.g., debt where the press activity takes place? the press activity take place offshore or equity)? Should U.S. and foreign issuers be able (e.g., a ‘‘conference call’’ press c. Access Provided to Both U.S. and to conduct press activity in the United conference originating offshore at which Foreign Journalists. As noted, the States without triggering the procedural U.S. journalists within the geographic purpose of the proposed rule is to and filing requirements of the federal boundaries of the United States remove uncertainties that impede the securities laws? If extended to cover participate)? Is there any particular ability of issuers and selling security press activity in the United States, potential for abuse from press activities holders to allow U.S. journalists, and should the applicability depend on the with all or part of the activity physically journalists for foreign publications or type of offering (registered or exempt), located in the United States? Is potential other news services with a general the type of security to be offered (e.g., for abuse eliminated or reduced by circulation in the United States, the debt or equity), or the type or size of requiring the activity to take place same access to press conferences, press issuer of the securities to be offered offshore? materials and meetings with (e.g., foreign or domestic, Exchange Act b. Offshore Offering. The Commission representatives that non-U.S. journalists reporting or nonreporting, eligible for is proposing as a condition to the safe have. The safe harbor is not designed as Form S–3/F–3), or otherwise? Under harbor that the offering cannot be a means for issuers and other offering each scenario, commenters are conducted solely in the United States. In participants to channel widespread requested to address what liability this way, issuers cannot claim the publicity regarding the offering standard should apply to any statements protections of the safe harbor for exclusively into the United States. To made or written materials released offshore press activities where there is limit the rule’s ability to be used in this within the United States, and whether no offshore nexus or apparent reason for manner, the proposed rule requires that any written materials released in the conducting offshore press activities. As ‘‘access is provided to both U.S. and United States should be required to be currently proposed, if any portion of the foreign journalists,’’ i.e., that whatever filed with the Commission. offering is offshore, this condition is made available to U.S. journalists also With respect to written press related would be satisfied. Comment is must be made available to foreign materials, the condition that the access requested whether the Commission journalists. For example, an issuer take place offshore would require that should require as a condition of the safe would not qualify for the safe harbor if the journalist receive such material at an harbor that a minimum amount of the it held an offshore press conference and offshore address. Thus, for example, offering take place offshore, and only allowed U.S. journalists to attend. materials sent by facsimile or electronic whether such requirement should Comment is requested whether this mail to an offshore address would include a quantifiable standard or not. requirement is appropriate or necessary satisfy this condition; materials sent to It is the Commission’s understanding for investor protection. Are there any a U.S. address would not. Comment is that some global offerings do not have circumstances where excluding all or requested whether this distinction is separately identifiable tranches, or that certain non-U.S. journalists would be appropriate or necessary. such tranches may not be identified consistent with the purposes of the The Commission recognizes that the until after the offshore press activity proposed safe harbor? Assuming that evolution of communications takes place. Consequently, at the time of press activity takes place offshore and technology increasingly has blurred the offshore press activity, the issuer or subsequently is reported in the United geographic boundaries. Is it appropriate selling security holder may not know States, does requiring that foreign to require that U.S. journalists travel how much of the offering ultimately journalists have ‘‘access’’ provide offshore or maintain foreign offices in will be conducted in the United States, additional investor protections? Should order to have access to issuer press if any. This potential uncertainty in the status of the issuer (e.g., foreign or activities in compliance with this advance of the offering as to whether the domestic, Exchange Act reporting or condition, particularly where the standard would be met may make it nonreporting, eligible for Form S–3/F–3) information eventually may be more difficult for issuers to rely on the affect the applicability or interpretation disseminated in the United States? How safe harbor, thus limiting its utility. of this condition? Should the type of should follow-up conversations be Comment is sought on whether the offering, or the type of security to be treated when a U.S. journalist attends Commission should require that a offered, matter? offshore press activities and returns to certain amount of the offering be The focus of this provision of the the United States? Should the rule conducted outside the United States, proposed rule is on the access—not e.g., a ‘‘minimal’’ amount of the offering, whether in fact any foreign journalists 19 Under the U.S. federal securities laws, unless a ‘‘majority’’ of the offering, or a attend the offshore press conference or exempted, no written or oral offers of securities may ‘‘substantial’’ amount of the offering. meeting with representatives, or receive be made prior to filing a registration statement with the Commission. After filing, oral offers may be Should the portion to be conducted the press related materials. The made, but written offers may only be made through outside the United States be quantified Commission preliminarily believes that the delivery to a prospective investor of a document (e.g., 10%, 25%, 50%, or some other it may be burdensome to require that containing the information mandated by Section 10 percentage), and if so, how should such foreign journalists actually take part of the Securities Act. Consequently, press conferences conducted by issuers or their standard be defined (e.g., as a since their attendance or receipt of representatives in the United States or press percentage of the total offering, as a materials likely is beyond the issuer’s releases released by issuers or their representatives percentage of the issuer’s outstanding control. Comment is requested whether in the United States prior to or during the securities, or otherwise)? Should the this approach is appropriate. With registration process in which a present or proposed offering of securities is discussed may violate the same standard apply to all issuers, or respect to meetings with the issuer, U.S. federal securities laws. should the standard differ depending on selling security holder, or their Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54523 representatives, under the proposed safe secondhand? Should exclusive ‘‘one-on- public offering of securities to be made harbor, the ability to request a meeting one’’ meetings be covered by the safe in the United States will be made by must not be limited to U.S. journalists. harbor at all? means of a prospectus that may be In this regard, the Commission staff has d. Written Materials Requirements. obtained from the issuer or selling been informed that, in some countries, With regard to any written materials security holder and that will contain ‘‘one-on-one’’ presentations are released to U.S. journalists under the detailed information about the company commonly conducted during the safe harbor, the Commission is and management, as well as financial offering process and as part of the concerned that such written materials statements; offering process. Thus, this requirement be released to journalists for legitimate fl A statement that no money, would not prohibit ‘‘one-on-one’’ press purposes, and not for the purpose securities or other consideration is being presentations to a U.S. journalist, so of offering securities in the United solicited, and, if sent in response by a long as ‘‘one-on-one’’ meetings also are States without the protections of the U.S. resident, will not be accepted; made available to foreign journalists. federal securities laws, or conditioning fl If the issuer or selling security The Commission staff also has been the market in the United States for the holder intends to register any part of the informed that some ‘‘one-on-one’’ securities to be offered. In certain offers present or proposed offering in the presentations are granted to a journalist where there is likely to be a significant United States, a statement regarding this on an ‘‘exclusive’’ basis. Therefore, it is intention; and interest in the offering by U.S. investors, • conceivable that an issuer or its the Commission is proposing additional The issuer or selling security holder representatives might only conduct a procedural safeguards for written cannot attach to, or otherwise make a single ‘‘one-on-one’’ interview. The materials in order to alert U.S. investors part of, the written materials any form Commission does not intend for this that these materials are not to be of purchase order or coupon that could requirement to prevent journalists for considered an offer of securities for sale be returned indicating interest in the publications with a general circulation in the United States, and that when and offering. Comment is requested as to whether in the United States from competing for if an offer is made in the United States, the addition of the Written Materials such exclusive interviews. the appropriate required disclosure will Requirements, in whole or in part, will The Commission preliminarily be disseminated at that time. be effective in deterring the use of the believes, however, that exclusive ‘‘one- As proposed, where the written written materials for the purpose of on-one’’ presentations to purely materials released under the proposed domestic publications in the absence of conditioning the market in the United safe harbor discuss (i) any offering of the States for the securities to be offered, any other press contact during the securities of a domestic issuer (whether offering may be indicative of a scheme and if not, why not. Do written registered or exempt or conducted materials present more danger of market to channel publicity regarding the wholly offshore), or (ii) any offering of offering into the United States, rather conditioning than oral statements the securities of any foreign private than for legitimate journalistic purposes, reported by the press, and if so, why? To issuer 20 where part of the offering is or and therefore, are not covered by the what extent do issuers conducting will be conducted in the United States proposed safe harbor. However, if prior offshore press activities disseminate (whether registered or exempt), the to or subsequent to the exclusive ‘‘one- written materials? In addition, are each following ‘‘Written Materials on-one,’’ the issuer or its representatives of the Written Materials Requirements Requirements’’ must be satisfied: conducts a press conference complying necessary and appropriate for their • The materials must include the with the requirements of the proposed stated purpose? Will the Written following information: 21 safe harbor, i.e., both U.S. and foreign Materials Requirements unnecessarily fl journalists are allowed access, then this A statement that the materials are deter reliance on the safe harbor by requirement will be deemed satisfied not an offer of securities for sale in the issuers and selling security holders? Are with respect to the exclusive ‘‘one-on- United States; there alternative or additional fl one’’ to a purely domestic publication as A statement that the securities procedural or substantive requirements well. may not be offered or sold in the United that could or should be imposed on Comment is requested whether this States absent registration or an written materials released offshore, and interpretation regarding exclusives is exemption from registration, that any if so, what kind? Should the Written appropriate or necessary for investor Materials Requirements be imposed on 20 ‘‘Foreign private issuer’’ is defined in Securities protection. Are exclusive ‘‘one-on-one’’ Act Rule 405. Under the rule, a foreign private all offerings by domestic issuers, and all meetings with purely domestic issuer is any foreign issuer other than a foreign offerings by foreign issuers that will publications potentially indicative of an government except an issuer meeting the following include a U.S. tranche, or should the improper scheme to channel publicity conditions: (1) more than 50 percent of the applicability depend upon some other into the United States? Is any potential outstanding voting securities of such issuer are held of record either directly or through voting trust criteria, such as, among others, the type for abuse lessened by requiring other certificates or depositary receipts by residents of the of offering (registered or exempt), the press activities to which foreign United States; and (2) any of the following: (i) the type of security to be issued (e.g., debt journalists have access? Would it be too majority of the executive officers or directors are or equity), or the type of issuer of the burdensome on issuers to require that United States citizens or residents, (ii) more than 50 percent of the assets of the issuer are located in securities to be offered (e.g., foreign or other press activities beyond an the United States, or (iii) the business of the issuer domestic, Exchange Act reporting or exclusive ‘‘one-on-one’’ meeting take is administered principally in the United States. 17 nonreporting, eligible for Form S–3/F– place, thereby leading issuers to deny CFR 230.405. 3)? Should a different definition of a exclusives to journalists with a general 21 The statements required under the proposed foreign issuer be used rather than the Written Materials Requirements are similar to circulation in the United States? Is the information currently required under other current definition of ‘‘foreign private potential for abuse any greater than if a Commission rules. See Securities Act Rule 254 issuer,’’ as defined in Rule 405 under foreign journalist, or a journalist for a (solicitation of interest document for use prior to an the Securities Act? 22 news service with both foreign and offering statement) and Securities Act Rule 135c The Commission does not currently (notice by an issuer that it proposes to make, is domestic circulation, conducts an making, or has made an offering of securities not believe that it is necessary to impose the exclusive ‘‘one-on-one’’ meeting and the registered or required to be registered under the U.S. press reports the same information Securities Act), 17 CFR 230.254 and 230.135c. 22 See supra n.20. 54524 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules

Written Materials Requirements on press conference or some other type of amendment as the offering proceeds? wholly offshore offerings of the offshore meeting with issuer or selling Would such a prefiling requirement lead securities of foreign issuers since these security holder representatives, or just issuers or selling security holders to offerings would appear to be of less pursuant to a press release issued exclude U.S. press because they might significant interest to U.S. investors, and offshore without a press conference or not believe that the benefits of allowing therefore, foreign issuers would be less other meeting? access to U.S. press outweigh whatever likely to release written materials The Commission intends that written burden is imposed by a prefiling offshore for the purpose of conditioning materials released to the press under the requirement? the U.S. market for the securities to be safe harbor be for legitimate press The Commission also is considering offered. Comment is requested whether purposes, not for the purpose of offering whether any written materials covered there are some wholly offshore offerings securities in the United States without by the safe harbor should be required to by foreign issuers that would appear the protections of the federal securities be filed with the Commission. The more likely to be of significant interest laws. For this reason, the Commission to U.S. investors, and thus, possibly currently proposes prohibiting the Commission currently does not believe should require the additional issuer or selling security holder from that a filing requirement is appropriate protections of the Written Materials attaching to, or otherwise making a part because it would appear to impose a Requirements. For example, should the of, the written materials any form of burden that might deter otherwise Written Materials Requirements be purchase order or coupon that could be appropriate access for U.S. press. imposed on wholly offshore offerings of returned indicating interest in the Comment is requested whether the the securities of foreign issuers with a offering. Comment is requested whether Commission’s belief is correct, and ‘‘substantial U.S. market interest’’ (as this prohibition is appropriate and whether any written materials should be currently defined in Regulation S) 23 in accomplishes this stated objective. required to be filed with the the class of securities to be offered or Would any other alternative approach, Commission, and if so, according to sold (or, in the case of an exchange such as prohibiting the acceptance of what criteria: whether the offering is offer, the securities to be tendered) at purchase orders at the press conference being conducted in the United States the time of the offering? Would any or meeting, be more appropriate? (either registered or exempt), the type of other distinction be more appropriate? Should this limitation only apply where issuer (e.g., foreign or domestic, Should the Written Materials the offer will be extended into the Exchange Act reporting or Requirements be imposed on all written United States? nonreporting), type of offering (debt or materials released under the safe harbor, While the Commission does not equity), or otherwise. If the materials are or just certain types—e.g., press intend to interfere with customary news to be filed with the Commission, how releases, prospectuses, sales literature? coverage of offshore offerings, previous should they be treated for liability Should it matter for the purposes of Commission guidance has made clear purposes? If any part of the offering is imposing the Written Materials that the press activities should not be to be registered in the United States, Requirements whether the written intended to generate buying interest would such materials be filed as part of materials are released at an offshore (‘‘condition the market’’) in the United the registration statement, as part of the States for any securities offered or to be Section 10(a) prospectus, both, or 23 Under Rule 902(n) of Regulation S, with respect offered. Where the issuer or selling neither? Should the written materials be to a class of an issuer’s equity securities, security holder intends to register part treated in the same manner as ‘‘Test the ‘‘substantial U.S. market interest’’ is defined as: (i) The securities exchanges and inter-dealer quotation or all of the offering in the United Waters’’ materials under Regulation systems in the United States in the aggregate States, the Commission is concerned A? 25 If not registering, should these constituted the single largest market for such class that they might conduct prefiling written materials nevertheless be of securities in the shorter of the issuer’s prior fiscal offering activities offshore, including required to be filed, and should such year or the period since the issuer’s incorporation; or (ii) 20 percent or more of all trading in such class releasing written materials outside the decision depend on whether the issuer of securities took place in, on or through the registration process to the U.S. press, for is a reporting company? If required to be facilities of securities exchanges and inter-dealer the sole purpose of conditioning the filed, should the written materials be quotation systems in the United States and less than market in the United States for those 55 percent of such trading took place in, on or filed on Form 8–K, or merely furnished through the facilities of securities markets of a securities. Consequently, where an to the Commission similar to the single foreign country in the shorter of the issuer’s issuer, whether foreign or domestic, or treatment of Form 6–Ks and materials prior fiscal year or the period since the issuer’s a selling security holder intends to file furnished under Rule 12g3–2(b) by incorporation. With respect to an issuer’s debt a registration statement with the 26 securities, ‘‘substantial U.S. market interest’’ is foreign private issuers? defined as: (i) Its debt securities and the securities Commission registering any part of the described in 230.903(c)(4)(1) and (ii) (i.e., certain offering, the Commission requests B. Tender Offer Safe Harbor non-participating preferred stock and asset-backed comment as to whether there should be The Commission also is proposing to securities), in the aggregate, are held of record by a requirement in that context that the 300 or more U.S. persons; (ii) $1 billion or more of: address concerns about access to foreign registration statement for the offering be The principal amount outstanding of its debt press conferences and press materials in securities, the greater of liquidation preference or filed as a precondition to reliance on the par value of its securities described in proposed safe harbor. If a prefiling of 25 Written solicitation of interest materials 230.903(c)(4)(i) (i.e., certain non-participating the registration statement is required, preferred stock), and the principal amount or submitted to the Commission and otherwise in principal balance of its securities described in should such registration statement be compliance with Securities Act Rule 254 [17 CFR 230.903(c)(4)(ii) (i.e., certain asset-backed required to contain all information 230.254] are not deemed to be a prospectus as securities), in the aggregate, is held of record by required to be included in a preliminary defined in Section 2(10) of the Securities Act. Such U.S. persons; and (iii) 20 percent or more of: the prospectus under Section 10(a) 24 of the materials, however, are subject to the antifraud principal amount outstanding of its debt securities, provisions of the federal securities laws. the greater of liquidation preference or par value of Securities Act, or would a simplified 26 its securities described in 230.903(c)(4)(i) (i.e., registration statement be sufficient, with Information ‘‘furnished’’ to the Commission certain non-participating preferred stock), and the the normal, full information regarding under cover of Form 6–K or pursuant to Rule 12g3– principal amount or principal balance of its 2(b) is not deemed to be ‘‘filed’’ with the securities described in 230.903(c)(4)(ii) (i.e., certain the issuer and the offering filed by Commission or otherwise subject to the liabilities asset-backed securities), in the aggregate, is held of of Section 18 of the Exchange Act. See Exchange record by U.S. persons. 17 CFR 230.902(n). 24 15 U.S.C. 77j(a). Act Rules 13a–16 [17 CFR 240.13a–16] and 12g3– 2(b)(4) [17 CFR 240.12g3–2(b)(4)]. Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54525 the tender offer area.27 This goal would Solicitation/Recommendation Statement this issue in the context of broader be accomplished by amending Rule on Schedule 14D–9 by virtue of granting rulemaking on foreign tender offers? 14d–1 28 under the Exchange Act to the U.S. press access to an offshore 1. Coverage of the Safe Harbor make clear that a bidder for securities of news conference where the tender offer a foreign private issuer, as well as the is addressed. The safe harbor, however, The principal intended benefit of the foreign target company, either of their would not affect the applicability of the safe harbor would be to prevent representatives, and any other person antifraud prohibition of Section 14(e) 32 application of the U.S. tender offer rules who may have a filing obligation under of the Exchange Act, as well as the where the bidder is not yet prepared to the Williams Act,29 would not be prohibition against trading on material proceed with the offer or does not deemed to have triggered the filing and nonpublic information regarding a intend to extend the offer to U.S. procedural requirements of the Williams tender offer contained in Rule 14e–3 33 holders of the target’s shares. Act by virtue of providing U.S. or under the Exchange Act. Accordingly, once an offer has foreign journalists access to offshore The Commission recognizes that, even commenced with the filing of press conferences, offshore meetings in the absence of the proposed safe documents under Regulation 14D with with their representatives, and press harbor, press coverage of the the Commission, the Commission related materials released offshore, at or announcement of a tender offer for the currently proposes that the safe harbor in which a present or proposed tender securities of a foreign private issuer would no longer be available. offer of securities is discussed. often results in U.S. holders of the The Commission also proposes As explained more fully below, the foreign target company’s securities limiting the availability of the safe safe harbor would be available to a U.S. selling their securities into the open harbor only to tender offers or proposed or foreign bidder for the securities of a market. To the extent that large amounts tender offers for the securities of foreign foreign private issuer target company, of U.S. holders were to engage in market companies. The safe harbor would not but not for the securities of a domestic sales, bidders may have a reduced be available for tender offers by foreign issuer. Thus, for example, a bidder or its incentive to comply with the procedural private issuers for the securities of representatives could hold a foreign and filing requirements of the Williams domestic companies because there news conference to announce a tender Act and formally extend the offer to U.S. appears to be no need in that case to offer for a foreign private issuer and holders in compliance with U.S. law. accommodate foreign offering practices. would not, on that basis, trigger the Particularly in the case of foreign In the interest of consistent requirements for formal commencement private issuers that have significant U.S. application of Commission rules of the offer within five business days as applicable to offshore regulatory issues, 30 ownership, have securities registered required by Rule 14d–2(b), and the under Section 12 of the Exchange Act, the Commission proposes using the requirement under Rule 14d–10 to and are listed on a U.S. exchange or current definition of ‘‘foreign private extend the offer to all holders of the issuer,’’ as defined in Exchange Act 31 actively traded in the United States in target company’s securities. Similarly, the over-the-counter market, the Rule 3b–4,34 for purposes of the tender when the target company is both a proposed safe harbor could, in effect, offer safe harbor. Comment is solicited reporting issuer and a foreign private allow persons seeking shares of these as to whether a different (either broader issuer, the target company and its companies to ‘‘commence’’ a tender or narrower) definition should be used representatives would not incur an offer by engaging in press activities for the purposes of the safe harbor. For obligation to file a Tender Offer without implicating the procedural example, would the primary market for protections of the Williams Act and the target company’s securities be a 27 Although the recent legislation directs more appropriate focus? If so, how rulemaking only with respect to the Securities Act Regulation 14D (although the antifraud (see supra n.12 and accompanying text), the prohibition of Section 14(e) would should the primary market be Commission stated in its testimony on the Senate continue to apply). Recognizing that determined? Should the ‘‘substantial bill (which contained a provision regarding press journalists for publications with a U.S. market interest’’ 35 standard be activity in the tender offer area) that the tender offer used? Should the standard depend upon question also should be addressed through general circulation in the United States rulemaking. See Testimony of Arthur Levitt, often indirectly receive information the percentage of the target company’s Chairman, U.S. Securities and Exchange from offshore press activity, would securities held by U.S. holders or Commission, Concerning S. 1815, the ‘‘Securities allowing direct access as permitted by whether the target company is eligible Investment Promotion Act of 1996,’’ Before the for the use of Form F–3? Committee on Banking, Housing, and Urban Affairs the proposed safe harbor affect this of the U.S. Senate (June 5, 1996). In addition, the market dynamic, and if so, how? The All bidders, whether U.S. or foreign, Commission staff previously has provided guidance Commission requests comment whether their representatives, and any other in the tender offer area. See supra n.10. these potential effects of the proposed person who may incur a filing 28 17 CFR 240.14d–1. rule would be appropriate in light of the obligation under the Williams Act,36 29 See Exchange Act Rule 14d–9(d) [17 CFR may avail themselves of the proposed 240.14d–9], specifying that, subject to certain purposes of the U.S. tender offer exclusions, the filing and transmittal requirements regulations. safe harbor as long as the tender offer is of the rule apply to the following persons: (i) The Should other procedural requirements for securities of a foreign private issuer. subject company, any director, officer, employee, be imposed? Alternatively, should the Where the tender offer is or will be for affiliate or subsidiary of the subject company; (ii) the securities of a foreign issuer, the Any record holder or beneficial owner of any safe harbor exempt all press activity (by security issued by the subject company, by the any U.S. or foreign bidder) with regard Commission believes that all such bidder, or by any affiliate of either the subject to a foreign target company, regardless 34 company or the bidder; and (iii) Any person who of whether the press activity is The term ‘‘foreign private issuer’’ as defined in makes a solicitation or recommendation to security Rule 3b–4 [17 CFR 240.3b–4] is the same as defined holders on behalf of any of the foregoing or on conducted in the United States or under Securities Act Rule 405. See supra n.20 for behalf of the bidder other than by means of a offshore, from triggering the procedural the current definition. solicitation or recommendation to security holders requirements of the tender offer rules? 35 See supra n.23 for the current definition under which has been filed with the Commission pursuant to [Rule 14d–9] or Rule 14d–3 (17 CFR Should the Commission instead address the Securities Act of ‘‘substantial U.S. market 240.14d–3). interest.’’ 30 17 CFR 240.14d–2(b). 32 15 U.S.C. 78n(e). 36 See supra n.29 for the definition of those other 31 17 CFR 240.14d–10. 33 17 CFR 240.14e–3. persons who may incur a filing obligation under the Williams Act. 54526 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules parties should be able to conduct their Commission is proposing that such the target’s equity securities are activities in a manner consistent with written materials released by the bidder registered under Section 12. Comment is local offering practices, although the or its representatives under the safe requested whether this distinction is proposed safe harbor does not include a harbor be required to satisfy the appropriate. Should the Tender Offer requirement that the press activity be following ‘‘Tender Offer Written Written Materials Requirements be consistent with local practice. Comment Materials Requirements’’: limited to offers for Section 12 equity • is requested whether any limitations The materials must include the securities only if the bidder intends to should be imposed, and if so, based following information: extend the offer to U.S. holders in fl A statement that the materials are upon what criteria. Should the status of compliance with the procedural and not an extension of a tender offer in the the bidder (e.g., foreign or domestic, filing requirements of the Williams Act? Exchange Act reporting or nonreporting, United States for a class of equity eligible for Form S–3/F–3), or the status securities of the subject company; The Commission also is considering of the present or proposed tender offer fl A statement that no money, whether any written materials covered (e.g., intend to comply, or are securities or other consideration is being by the safe harbor should be required to complying, with the Williams Act; solicited at this time, and, if sent in be filed with the Commission. Comment intend to, or will be required to, register response by a U.S. resident, will not be is requested whether a filing the offer under the Securities Act) accepted; requirement should be imposed matter? Likewise, the Commission fl If the bidder intends to extend a (particularly where there is a proposes that foreign companies that are tender offer in the United States at some ‘‘substantial U.S. market interest’’ 38 in the subject of the tender offer or future time for a class of equity the securities of the target company), proposed tender offer also may claim securities of the subject company, a and if so, according to what criteria, the protections of the safe harbor. statement regarding this intention and when, and with what legal effect. that the procedural and filing Should the subject company be able to Should written materials only be requirements of the Williams Act will use the safe harbor, and if not, why not? required to be filed with the If extended to either the bidder or the be satisfied at that time; and • No means to tender securities, or Commission when the tender offer is or subject company, must the safe harbor will be extended to U.S. holders in be extended to both, and if not, why coupons that could be returned to indicate interest in the tender offer, may compliance with the procedural and not? Should, as proposed, the other filing requirements of the Williams Act? persons specified in Rule 14d–9(d) be provided as part of, or attached to, (such as officers, directors, and any press related materials. III. Request for Comment shareholders) be permitted to avail Comment is requested as to whether themselves of the safe harbor, and if not, the addition of the Tender Offer Written Any interested persons wishing to why not? Materials Requirements, in whole or in submit written comments on the part, will be effective in deterring the proposed safe harbor for offshore press 2. Conditions use of the written materials for the conferences, meetings with issuer The proposed safe harbor for tender purpose of conducting a tender offer in representatives conducted offshore, or offers, like the proposed Securities Act the United States without compliance press releases or other related material safe harbor described above, will be with the procedural and filing released offshore, as well as on other subject to the conditions that access be requirements of the Williams Act, and if matters that might have an impact on provided to both U.S. and foreign not, why not. In addition, are each of the proposals contained herein, are journalists, that written materials the Tender Offer Written Materials requested to do so by submitting them proposed to be covered by the tender Requirements necessary and appropriate in triplicate to Jonathan G. Katz, for their stated purpose? Will the offer safe harbor include a legend Secretary, U.S. Securities and Exchange Tender Offer Written Materials similar to that proposed under the Commission, 450 Fifth Street, N.W., Requirements unnecessarily deter Written Materials Requirements of the Washington, D.C. 20549. Comment reliance on the safe harbor by bidders Securities Act safe harbor in letters also may be submitted circumstances where there is likely to and their representatives? Are there electronically to the following electronic be significant interest in the tender offer alternative or additional procedural or mail address: [email protected]. by U.S. investors, and that no means to substantive requirements that could or tender securities, or coupons that could should be imposed on written materials Comments are requested on the impact be returned to indicate interest in the released offshore, and if so, what kind? of the proposals on issuers, investors, tender offer, be provided as part of, or Should the Tender Offer Written and others. Comments should attached to, any press related materials. Materials Requirements, or some specifically address any possible effects Comment is requested as to whether variation thereof, be imposed on written on investor protection resulting from the some or all areas of the proposed tender materials released under the tender offer proposed safe harbors. The Commission offer safe harbor should function, or be safe harbor by parties other than the also requests comment on whether the interpreted, differently from the bidder and its representatives, such as proposed rules, if adopted, would have Securities Act safe harbor. Any such the subject company or any other person an adverse impact on competition that areas should be identified and an who may incur a filing obligation under is neither necessary nor appropriate in explanation of the difference in the Williams Act? furthering the purposes of the Exchange treatment, and the bases therefor, The Commission proposes requiring Act. Comments will be considered by provided. the Tender Offer Written Materials the Commission in complying with its As proposed, where the present or Requirements only on written materials responsibilities under Section 23(a) 39 of proposed tender offer discussed in the that discuss a present or proposed the Exchange Act. Comment letters written materials released under the tender offer for equity securities should refer to File No. S7–26–96; this proposed tender offer safe harbor is for registered under Section 12 of the file number should be included in the equity securities registered under Exchange Act, because no mandated 37 Section 12 of the Exchange Act, the disclosure document would be required 38 See supra n.23. 37 15 U.S.C. 78l. to be filed with the Commission unless 39 15 U.S.C. 78w(a). Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules 54527 subject line if electronic mail is used. Securities Act as an issuer that, on the List of Subjects in 17 CFR Parts 230 and All comment letters received will be last day of its most recent fiscal year, 240 available for public inspection and had total assets of $5 million or less and copying in the Commission’s Public is engaged or proposing to engage in Reporting and recordkeeping Reference Room, 450 Fifth Street, N.W., small business financing. An issuer is requirements, Securities. Washington, D.C. 20549. Electronically considered to be engaged in small Text of the Proposals submitted comment letters will be business financing if it is conducting or posted on the Commission’s Internet proposes to conduct an offering of In accordance with the foregoing, title Web site (http://www.sec.gov). securities which does not exceed the $5 17, chapter II of the Code of Federal million dollar limitation prescribed by IV. Cost-Benefit Analysis Regulations is proposed to be amended Section 3(b) of the Securities Act. When as follows: To assist the Commission in its used with reference to an issuer other evaluation of the costs and benefits that than an investment company, the term PART 230ÐGENERAL RULES AND may result from the proposals, also is defined in Rule 0–10 42 of the REGULATIONS, SECURITIES ACT OF commenters are requested to provide Exchange Act as an issuer that, on the 1933 views and empirical data relating to any last day of its most recent fiscal year, costs and benefits associated with these had total assets of $5 million or less. 1. The authority citation for part 230 proposals. When used with respect to an continues to read in part as follows: investment company, the term is V. Summary of the Initial Regulatory Authority: 15 U.S.C. 77b, 77f, 77g, 77h, 77j, Flexibility Analysis defined under Rule 0–10 as an investment company with net assets of 77s, 77sss, 78c, 78d, 78l, 78m, 78n, 78o, 78w, The Commission has prepared an $50 million or less as of the end of its 78ll(d), 79t, 80a–8, 80a–29, 80a–30, and 80a– Initial Regulatory Flexibility Analysis most recent fiscal year. 37, unless otherwise noted. (‘‘IRFA’’), pursuant to the requirements Small entities meeting these * * * * * of the Regulatory Flexibility Act,40 definitions would be able to rely on the regarding the proposed rules. The IRFA 2. By adding § 230.135e to read as proposed safe harbor on the same basis follows: notes that the proposed rules are as larger entities, provided that they intended to provide companies with meet the same conditions for relying on § 230.135e Offshore press conferences, greater certainty in determining when it. The Commission is aware of meetings with issuer representatives journalists, both foreign and domestic, approximately 1100 Exchange Act conducted offshore, and press related may access offshore press conferences, reporting companies that currently materials released offshore. meetings with company representatives satisfy the definition of ‘‘small conducted offshore, or press releases or (a) For the purposes only of Section business’’ under Rule 0–10. There is no 5 of the Act [15 U.S.C. 77e], an issuer, other related material released offshore, reliable way of determining, however, selling security holder, or their without violating the U.S. federal how many small businesses may representatives, will not be deemed to securities laws. Other than the proposed become subject to Commission offer any security for sale by virtue of Written Materials Requirements which registration and reporting obligations in the Commission does not consider the future. Further, the Commission has providing any journalist with access to unduly burdensome on small no data that would assist it in its press conferences held outside of the businesses, the proposed rules would determining how many small businesses United States, to meetings with issuer or not impose any new reporting, may actually rely on the proposed safe selling security holder representatives recordkeeping or compliance harbor, or may otherwise be impacted conducted outside of the United States, requirements on any entities. No by the rule proposals. The Commission or to written press related materials alternatives to the proposed rules solicits comments regarding how to released outside the United States, at or consistent with their objectives and the estimate the number of small businesses in which a present or proposed offering Commission’s statutory authority were that may rely on the safe harbor or of securities is discussed, if: found. otherwise be affected by these proposals (1) The present or proposed offering is In general, the proposed rules under together with data or assumptions to not being, or to be, conducted solely in the Securities Act are not limited to support such an approach. the United States; foreign private issuers, but instead Comments are encouraged on any provide a safe harbor for all issuers, aspect of this analysis. A copy of the (2) Access is provided to both U.S. irrespective of size, conducting offshore analysis may be obtained by contacting and foreign journalists; and press conferences, meetings with Luise M. Welby, Office of International (3) Any written press related materials company representatives conducted Corporate Finance, Division of pertaining to transactions in which any offshore, or releasing press releases or Corporation Finance, Mail Stop 3–9, 450 of the securities will be or are being other related materials offshore. In Fifth Street, N.W., Washington, D.C. offered in the United States, or where addition, while the proposed rule under 20549. the issuer of the securities to be or being the Exchange Act is limited to tender VI. Statutory Basis for Rules offered is not a foreign government or a offers for the securities of foreign private foreign private issuer, as defined in issuers only, both foreign and domestic The amendments to the Securities Act § 230.405, satisfy the requirements of bidders, irrespective of size, are eligible rules and Regulation S are being paragraph (b) of this section. under this safe harbor, subject to the proposed pursuant to Sections 3, 4, 5 same conditions. and 19 of the Securities Act, as (b) Any written press related materials The term ‘‘small business,’’ as used in amended.43 The amendment to the specified in paragraph (a)(3) of this reference to a registrant for purposes of Exchange Act rule is being proposed section must: the Regulatory Flexibility Act, is pursuant to Sections 14(d), 14(e) and (1) State that the written press related defined by Rule 157 41 under the 23(a) of the Exchange Act.44 42 17 CFR 240.0–10. materials are not an offer of securities 40 5 U.S.C. 603. 43 15 U.S.C. 77c, 77d, 77e and 77s. for sale in the United States, that 41 17 CFR 230.157. 44 15 U.S.C. 78n(d), 78n(e), and 78w. securities may not be offered or sold in 54528 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Proposed Rules the United States absent registration or 5. By amending § 230.902 to add of a foreign private issuer, as defined in an exemption from registration, that any paragraph (b)(8) to read as follows: § 240.3b–4, the subject company of such public offering of securities to be made a tender offer, their representatives, or in the United States will be made by § 230.902 Definitions. any other person specified in § 240.14d– means of a prospectus that may be * * * * * 9(d), provides any journalist with access obtained from the issuer or the selling (b) Directed Selling Efforts.*** to its press conferences held outside of security holder and that will contain (8) Notwithstanding paragraph (b)(1) the United States, to meetings with its detailed information about the company of this section, providing any journalist representatives conducted outside of the and management, as well as financial with access to press conferences held United States, or to written press related statements; outside of the United States, to meetings materials released outside the United with issuer or selling security holder (2) State that no money, securities or States, at or in which a present or representatives conducted outside of the other consideration is being solicited, proposed tender offer is discussed, if: United States, or to written press related and, if sent in response by a U.S. (1) Access is provided to both U.S. materials released outside the United resident, will not be accepted; and foreign journalists; and States, at or in which a present or (3) If the issuer or selling security (2) With respect to any written press proposed offering of securities is related materials released by the bidder holder intends to register any part of the discussed, will not be deemed ‘‘directed present or proposed offering in the or its representatives that discuss a selling efforts’’ if the requirements of present or proposed tender offer for United States, include a statement § 230.135e are satisfied. regarding this intention; and equity securities registered under * * * * * (4) Not include any purchase order, or section 12 of the Act [15 U.S.C. 78l], the written press related materials must coupon that could be returned PART 240ÐGENERAL RULES AND state that these written press related indicating interest in the offering, as REGULATIONS, SECURITIES materials are not an extension of a part of, or attached to, the written press EXCHANGE ACT OF 1934 related materials. tender offer in the United States for a 6. The authority citation for part 240 class of equity securities of the subject § 230.502 [Amended] continues to read in part as follows: company, that no money, securities or 3. By amending § 230.502 to remove Authority: 15 U.S.C. 77c, 77d, 77g, 77j, other consideration is being solicited at the period at the end of paragraph (c) 77s, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, this time, and, if sent in response by a and add the following: ‘‘; Provided 78d, 78f, 78i, 78j, 78k, 78k–1, 78l, 78m, 78n, U.S. resident, will not be accepted. If further, that, if the requirements of 78o, 78p, 78q, 78s, 78w, 78x, 78ll(d), 79q, the bidder intends to extend such tender § 230.135e are satisfied, providing any 79t, 80a–20, 80a–23, 80a–29, 80a–37, 80b–3, offer in the United States at some future journalist with access to press 80b–4 and 80b–11, unless otherwise noted. time, a statement regarding this conferences held outside of the United * * * * * intention, and that the procedural and States, to meetings with issuer or selling 7. By amending § 240.14d–1 by filing requirements of the Williams Act security holder representatives redesignating paragraphs (c) and (d) as will be satisfied at that time, also must conducted outside of the United States, paragraphs (d) and (e), and adding be included in these written press or to written press related materials paragraph (c) to read as follows: related materials. No means to tender released outside the United States, at or securities, or coupons that could be § 240.14d±1 Scope of and definitions returned to indicate interest in the in which a present or proposed offering applicable to regulations 14D and 14E. tender offer, may be provided as part of, of securities is discussed, will not be * * * * * deemed to constitute general solicitation or attached to, these written press (c) Notwithstanding paragraph (a) of related materials. or general advertising for purposes of this section, the requirements imposed this section.’’ by sections 14(d)(1) through 14(d)(7) of * * * * * Dated: October 10, 1996. * * * * * the Act [15 U.S.C. 78n(d)(1) through 4. By removing Preliminary Note 7 78n(d)(7)], Regulation 14D promulgated By the Commission. and redesignating Preliminary Note 8 as thereunder (§§ 240.14d–1 through Jonathan G. Katz, Preliminary Note 7 following the 240.14d–10), and §§ 240.14e–1 and Secretary. undesignated heading ‘‘Regulation S’’ 240.14e–2 shall not apply by virtue of [FR Doc. 96–26562 Filed 10–17–96; 8:45 am] and before § 230.901. the fact that a bidder for the securities BILLING CODE 8010±01±P federal register October 18,1996 Friday Colombia Narcotics TraffickersCenteredin of EmergencyWithRespecttoSignificant Notice ofOctober16,1996ÐContinuation The President Part IV 54529

54531

Federal Register Presidential Documents Vol. 61, No. 203

Friday, October 18, 1996

Title 3— Notice of October 16, 1996

The President Continuation of Emergency With Respect to Significant Nar- cotics Traffickers Centered in Colombia

On October 21, 1995, by Executive Order 12978, I declared a national emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant foreign narcotics traffickers centered in Colombia, and the unparalleled violence, corruption, and harm that they cause in the United States and abroad. The order blocks all property and interests in property of foreign persons listed in an Annex to the order, as well as foreign persons determined to play a significant role in international narcotics trafficking centered in Colombia, to materially assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to the order, or to be owned or controlled by, or to act for or on behalf of, persons designated in or pursuant to the order. The order also prohibits any transaction or dealing by United States persons or within the United States in such property or interests in property. Because the activities of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause unparalleled violence, corruption, and harm in the United States and abroad, the national emergency declared on October 21, 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 21, 1996. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency for 1 year with respect to significant narcotics traffickers centered in Colombia. This notice shall be published in the Federal Register and transmitted to the Congress. œ–

THE WHITE HOUSE, October 16, 1996. [FR Doc. 96–27026 Filed 10–17–96; 11:15 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 61, No. 203 Friday, October 18, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 274...... 53595 523±6641 Public Laws Update Services (numbers, dates, etc.) 275...... 54282 For additional information 523±5227 Proclamations: 6922...... 51205 278...... 53595, 54303 Presidential Documents 6923...... 51347 279...... 54303 Executive orders and proclamations 523±5227 6924...... 51767 301...... 52190, 53601 The United States Government Manual 523±5227 6925...... 52233 319...... 51208 6926...... 52675 354...... 53603 Other Services 6927...... 52677 502...... 51210 Electronic and on-line services (voice) 523±4534 6928...... 53289 920...... 51575 Privacy Act Compilation 523±3187 6929...... 53291 927...... 52681 TDD for the hearing impaired 523±5229 6930...... 53293 929...... 51353 6931...... 53295 931...... 52681 6932...... 53297 945...... 51354 ELECTRONIC BULLETIN BOARD 6933...... 53301 950...... 53606 Free Electronic Bulletin Board service for Public Law numbers, 6934...... 53591 958...... 52682 Federal Register finding aids, and list of documents on public 6935...... 53593 981...... 53607 989...... 52684 inspection. 202±275±0920 6936...... 53825 6937...... 54069 993...... 51356 FAX-ON-DEMAND 6938...... 54071 1485...... 53303 You may access our Fax-On-Demand service. You only need a fax 6939...... 54073 3010...... 53608 machine and there is no charge for the service except for long 6940...... 54075 Proposed Rules: distance telephone charges the user may incur. The list of 6941...... 54077 Ch. VI...... 52664 documents on public inspection and the daily Federal Register’s Executive Orders: Ch. VII...... 52664 table of contents are available using this service. The document 12924 (See EO 201...... 51791 numbers are 7050-Public Inspection list and 7051-Table of 13020) ...... 54079 301...... 51376 Contents list. The public inspection list will be updated 12978 (See Notice of 361...... 51791 407...... 52717 immediately for documents filed on an emergency basis. October 16, 1996)...... 54531 12981 (Amended by 997...... 51811 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON EO 13020)...... 54079 998...... 51811 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 13019...... 51763 999...... 51811 public inspection may be viewed and copied in our office located Administrative Orders: 1214...... 51378, 51391 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1466...... 53574 telephone number is: 301±713±6905 Presidential Determinations: No. 96±54 of 8 CFR September 28, FEDERAL REGISTER PAGES AND DATES, OCTOBER 103...... 53303, 53830 1996 ...... 52679 235...... 53830 Notice of October 16, 51205±51348...... 1 274...... 52235 1996 ...... 54531 51349±51574...... 2 286...... 53830 51575±51766...... 3 5 CFR 292...... 53609 51767±52232...... 4 Ch. XIV ...... 51207 299...... 53830 52233±52678...... 7 Ch. LVIII...... 53827 Proposed Rules: 52679±52870...... 8 550 ...... 51319, 52497, 53490 312...... 51250 52871±53034...... 9 7 CFR 9 CFR 53035±53302...... 10 Ch. VI...... 52671 92...... 52236 53303±53590...... 11 Ch. VII...... 52671 94...... 51769 53591±53824...... 15 6...... 53002 102...... 52871 53825±54076...... 16 12...... 53490 104...... 52871 54077±54330...... 17 35...... 54081 105...... 52871 54331±54532...... 18 51...... 54082 113...... 51769 90...... 51349 116...... 52871 91...... 51349 304...... 53305 92...... 51349 308...... 53305 93...... 51349 310...... 53305 94...... 51349 320...... 53305 95...... 51349 327...... 53305 96...... 51349 381...... 53305 97...... 51349 416...... 53305 98...... 51349 417...... 53305 271 ...... 53595, 54270, 54282 Proposed Rules: 272 ...... 53595, 54270, 54282, 91...... 52387 54290, 54298, 54303 273 ...... 54270, 54282, 54290, 10 CFR 54298, 54303 2...... 53554 ii Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Reader Aids

13...... 53554 16 CFR 252...... 51319 Ch. V...... 54334 Proposed Rules: 24...... 51577 570...... 51756 Proposed Rules: 20...... 52388 260...... 53304 576...... 51546 356...... 51851 30...... 51835 1020...... 52877 585...... 52186 32...... 51835, 52388 813...... 54492 32 CFR 35...... 52388 17 CFR 913...... 54492 90...... 54097 36...... 52388 210...... 54509 950...... 54492 91...... 54097 39...... 52388 228...... 54506, 54509 960...... 54492 174...... 54097 40...... 51835 229...... 54506 3500...... 51782 175...... 54097 50...... 51835 232...... 52283 Proposed Rules: 706...... 52879 52...... 51835 42...... 53341 239...... 54509 33 CFR 60...... 51835 240...... 52996 92...... 53341 100...... 52695, 53321 61...... 51835 249...... 54506, 54509 215...... 53341 120...... 51597 70...... 51835 420...... 52498, 53996 219...... 53341 128...... 51597 71...... 51835 Proposed Rules: 221...... 53341 Proposed Rules: 72...... 51835 230...... 54518 236...... 53341 100...... 53422, 53344 110...... 51835 240...... 54518 290...... 53341 150...... 51835 511...... 53341 165...... 53345, 53346 19 CFR 570...... 51556, 53341 11 CFR 34 CFR 101...... 51363 572...... 53276 574...... 53341 614...... 51783 Proposed Rules: Proposed Rules: 576...... 53341 617...... 51783 104...... 52901 10...... 51849 582...... 53341 619...... 51783 12 CFR 21 CFR 583...... 53341 641...... 51783 585...... 53341 Proposed Rules: 2...... 51777 50...... 51498 882...... 53341 222...... 52564 213...... 52246 56...... 51498 885...... 53341 350...... 53560 245...... 52875 73...... 51584 886...... 53341 351...... 53560 264...... 53827 177...... 51364, 538520 889...... 53341 352...... 53560 327...... 53834 178...... 51587 890...... 53341 353...... 53560 935...... 52686 312...... 51498 906...... 53341 355...... 53560 Proposed Rules: 314...... 51498 941...... 53341 357...... 53560 327...... 53867 355...... 52285 950...... 53341 360...... 53560 620...... 53331 520...... 52690, 53614 968...... 53341 400...... 54024 630...... 53331 522 ...... 53320, 54332, 54333 970...... 53341 401...... 54024 935...... 52727 556...... 53320 983...... 53341 402...... 54024 558...... 51588, 53615 14 CFR 403...... 54024 601...... 51498 26 CFR 406...... 54024 Ch. I ...... 53610 808...... 52602 1...... 53058 410...... 54024 13...... 53998 812...... 51498, 52602 411...... 54024 16...... 53998 814...... 51498 301...... 53058 602...... 53058 412...... 54024 39 ...... 51212, 51357, 52688, 820...... 52602 413...... 54024 52876, 53035, 53038, 53040, 1309...... 52287 Proposed Rules: 1 ...... 51256, 52902, 53161, 415...... 54024 53042, 53044, 53046, 53611, 1310...... 52287 421...... 54024 53613, 54331 1313...... 52287 53688 301...... 53161 425...... 54024 71 ...... 51360, 51361, 51362, Proposed Rules: 426...... 54024 52281, 52282, 52283, 53050, 310...... 53685 27 CFR 427...... 54024 53841, 53842, 53843, 53844, 330...... 51625 428...... 54024 53845, 53847, 53848, 53849, 352...... 53340 Proposed Rules: 55...... 53688 429...... 54024 53850, 53850, 53996 460...... 54024 73 ...... 53051, 53052, 53852 22 CFR 270...... 54084 275...... 54084 461...... 54024 91...... 51782, 54020 41...... 53058 464...... 54024 97 ...... 53053, 53054, 53056 228...... 53615 285...... 54084 295...... 54084 472...... 54024 440...... 51395 603...... 51593 477...... 54024 Proposed Rules: Proposed Rules: 28 CFR 489...... 54024 Ch. I ...... 51845 171...... 53158 490...... 54024 2...... 54096 25...... 53680 605...... 53185 491...... 54024 91...... 54333 39 ...... 51250, 51255, 51618, 607...... 52399 51619, 51621, 51624, 51845, 23 CFR Proposed Rules: 608...... 52399 51847, 52394, 53155, 53337, Proposed Rules: 16...... 54112 609...... 52399 53339, 53683, 54359, 54362, 655...... 54111 29 CFR 628...... 52399 54364, 54366, 54368, 54370, 636...... 52399 54372 24 CFR 270...... 51596 637...... 52399 71 ...... 51319, 52397, 52398, 1...... 52216 4044...... 53623 645...... 52399 52689, 52734, 53157, 53876, 2...... 52216 30 CFR 647...... 52399 53877, 53878, 53879, 53880, 5...... 54492 649...... 52399 53881, 53882, 54108 8...... 52216 934...... 52691 650...... 52399 42...... 51756 Proposed Rules: 655...... 52399 15 CFR 91...... 51756 202...... 52735 658...... 52399 Ch. VII...... 51395 92...... 51756 206...... 52735 660...... 52399 400...... 53505 103...... 52216 756...... 53884 661...... 52399 902...... 51213 104...... 52216 913...... 51631 669...... 52399 922...... 57577 146...... 52216 935...... 54373, 54375 946...... 53307 180...... 52216 35 CFR Proposed Rules: 200...... 54267, 54492 31 CFR Proposed Rules: 801...... 54109 236...... 54492 353...... 53822 133...... 53886 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Reader Aids iii

135...... 53886 Proposed Rules: 79...... 52299 434...... 53645 1600...... 54120 1386...... 51751 435...... 53645 36 CFR 1820...... 54120 436...... 53645 13...... 54334 1840...... 54120 46 CFR 437...... 53645 Proposed Rules: 1850...... 54120 61...... 52497 438...... 53645 61...... 51536 1860...... 54120 108...... 51789 439...... 53645 1190...... 51397 1880...... 54120 110...... 51789 440...... 53645 1191...... 51397 2090...... 54120 111...... 51789 441...... 53645 2200...... 54120 112...... 51789 442...... 53645 37 CFR 2300...... 54120 113...... 51789 443...... 53645 Proposed Rules: 2450...... 54120 161...... 51789 444...... 53645 1...... 518355 2520...... 54120 190...... 52497 445...... 53645 2530...... 53887 197...... 52497 446...... 53645 38 CFR 2540...... 54120 295...... 58861 447...... 53645 4...... 52695 2560...... 54120 501...... 51230 448...... 53645 2620...... 54120 449...... 53645 39 CFR 502...... 51230 2640...... 54120 506...... 52704 450...... 53645 111...... 52702, 53321 2650...... 54120 514...... 51230 451...... 53645 Proposed Rules: 2720...... 54120 583...... 51230 452...... 53645 111...... 53280 2760...... 51666 453...... 53645 2800...... 54120 47 CFR 501...... 51373 40 CFR 2810...... 54120 1...... 52887 702...... 51234 9 ...... 51365, 52287, 53854, 2880...... 54120 2...... 52301 706...... 51234 54030 2910...... 54120 20...... 51233 715...... 51234 50...... 52852 2920...... 54120 22...... 54098 716...... 51234 51...... 52848 3000...... 54120 24...... 51233 722 ...... 51234, 52497, 53996 52 ...... 51214, 51366, 51598, 3100...... 54120 25...... 52301 726...... 51234 733...... 51234 51599, 51784, 52297, 52865, 3120...... 54120 51...... 52706, 54099 737...... 51234 52882, 53066, 53328, 53624, 3150...... 54120 64...... 52307, 54344 752...... 51234 53628, 53633, 53636, 53639 3160...... 54120 68...... 52307, 54344 837...... 52709 60...... 52865 3180...... 54120 73 ...... 51789, 52899, 52900, 852...... 52709 63...... 54342 3200...... 52736, 54120 53643, 53644, 54104 1212...... 53677, 54490 70...... 51368, 51370 3210...... 52736 90...... 52301, 54098 80...... 53854 3220...... 52736 1815...... 52325 Proposed Rules: 81...... 53328, 53639 3240...... 52736, 54120 1816...... 52325 Ch. I ...... 53694 82...... 54030 3250...... 52736, 54120 1852...... 52325 73 ...... 53698, 54142, 54404, 86...... 51365 3260...... 52736, 54120 1870...... 52325 54405 89...... 52088 3280...... 54120 6101...... 52347 90...... 51877 90...... 52088 3410...... 54120 6102...... 52347 97...... 52767 91...... 52088 3420...... 54120 Proposed Rules: 180...... 51372 3430...... 54120 48 CFR 1...... 52232, 52998 271...... 52884 3450...... 54120 2...... 52998 Ch. 2 ...... 54346 300 ...... 51373, 52886, 52887, 3470...... 54120 3...... 52232 219...... 54346 53328, 54098, 54343 3480...... 54120 4...... 52232 401...... 53645 721...... 52287 3500...... 54120, 54384 6...... 52232, 52999 763...... 52703 3510...... 54120, 54384 402...... 53645 8...... 52232, 52844 403...... 53645 Proposed Rules: 3520...... 54120, 54384 9...... 52232 52 ...... 51257, 51397, 51631, 3530...... 54120, 54384 404...... 53645 12...... 52232, 52999 51638, 51651, 51659, 51877, 3540...... 54120, 54384 405...... 53645 13...... 52844 52401, 52864, 52902, 53163, 3550...... 54120, 54384 406...... 53645 14...... 52232, 52998 53166, 53174, 53180, 53692, 3560...... 54384 407...... 53645 15...... 52998, 52999 53693, 53694 3570...... 54384 408...... 53645 16...... 52232 59...... 52735 3590...... 54120, 409...... 53645 19...... 52232 60...... 52864, 54377 3710...... 54120 410...... 53645 22...... 52232 64...... 53886 3730...... 54120 411...... 53645 23...... 52232 70...... 53886 3740...... 51667, 54120 412...... 53645 25...... 52232 71...... 53886 3800...... 54120 413...... 53645 27...... 52232 80...... 53886 3810...... 51667, 54120 414...... 53645 29...... 52232 81...... 53694 3820...... 51667 415...... 53645 31...... 52232, 52998 140...... 54014 3830...... 54120 416...... 53645 32...... 52232 228...... 54112 3870...... 54120 417...... 53645 36...... 52232, 52998 261...... 51397 4200...... 54120 418...... 53645 37...... 52232 271...... 51397 4300...... 54120 419...... 53645 38...... 52844 281...... 51875 4700...... 54120 420...... 53645 42...... 52232 302...... 51397 5000...... 54120 421...... 53645 45...... 52232 372 ...... 51322, 51330, 54381 5470...... 54120 422...... 53645 47...... 52232 799...... 54383 5510...... 54120 423...... 53645 49...... 52232 8370...... 54120 424...... 53645 51...... 52844 42 CFR 9180...... 54120 425...... 53645 52 ...... 52232, 52998, 52999 57...... 51787 9230...... 54120 426...... 53645 53...... 52232, 52998 412...... 51217 427...... 53645 917...... 53185, 53699 413...... 51217, 51611 44 CFR 428...... 53645 950...... 53185, 53699 489...... 51217 62...... 51217 429...... 53645 952...... 53185, 53699 1003...... 52299 64...... 51226, 51228 430...... 53645 970...... 53185, 53699 431...... 53645 43 CFR 45 CFR 432...... 53645 49 CFR 5470...... 53860 46...... 51531 433...... 53645 106...... 51334 iv Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Reader Aids

107...... 51334 171...... 51235, 51334 172 ...... 51236, 51238, 51334 173 ...... 51238, 51241, 51334, 51495 174...... 51334 175...... 51334 176...... 51334 177...... 51334 178...... 51334 179...... 51334 180...... 51334 593...... 51334 1011...... 52710 1070...... 54104 1071...... 54104 1104...... 52710 1111...... 52710, 53996 1112...... 52710 1113...... 52710 1114...... 52710 1115...... 52710 1121...... 52710 Proposed Rules: 383...... 52401 391...... 52401 393...... 54142 571...... 51669 575...... 52769 1313...... 54144

50 CFR SubCh. D ...... 53329 17 ...... 53070, 53089, 53108, 53124, 53130, 53137, 54044, 54346 216...... 51213 217...... 52370 285...... 53677 622...... 52715 648 ...... 52384, 52715, 53866, 54105 679 ...... 51374, 51789, 52385, 52716, 53153, 53154, 53679 Proposed Rules: 17 ...... 51878, 52402, 53186 23...... 52403 217...... 52404 222...... 52404 227...... 53893 229...... 52769 424...... 51398 648...... 52903, 54406 649...... 52903 660...... 51670 679...... 54145 Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Reader Aids v

REMINDERS designated nationals, ARCHITECTURAL AND implementation; The items in this list were terrorists, and narcotics TRANSPORTATION correction; comments editorially compiled as an aid traffickers, and blocked BARRIERS COMPLIANCE due by 10-25-96; to Federal Register users. vessels; list; published 10- BOARD published 10-15-96 Inclusion or exclusion from 18-96 Americans with Disabilities ENERGY DEPARTMENT this list has no legal Act; implementation: Federal Energy Regulatory significance. COMMENTS DUE NEXT Accessibility guidelines-- Commission WEEK Buildings and facilities; Electric utilities (Federal Power children's facilities; Act): RULES GOING INTO comments due by 10- AGRICULTURE Rate schedules filing-- EFFECT TODAY 21-96; published 7-22- DEPARTMENT 96 Capacity reservation open Agricultural Marketing access transmission AGRICULTURE COMMERCE DEPARTMENT DEPARTMENT Service tariffs; comments due National Oceanic and Agricultural Marketing Dates (domestic) produced or by 10-21-96; published Atmospheric Administration Service packed in California; 7-25-96 Fishery conservation and Grapes and plums, exported; comments due by 10-24-96; ENVIRONMENTAL management: published 10-17-96 published 9-24-96 PROTECTION AGENCY Atlantic sea scallop; Limes and avocados grown in Onions (Vidalia) grown in Air pollution; standards of comments due by 10-21- Florida; published 9-18-96 Georgia; comments due by performance for new 96; published 8-29-96 DEFENSE DEPARTMENT 10-24-96; published 9-24-96 stationary sources: Peanuts, domestically and CONSUMER PRODUCT Nebraska City Power Acquisition regulations: SAFETY COMMISSION Pilot Mentor-Protege foreign produced; comments Station, NE; alternate Hazardous substances: Program; published 10-18- due by 10-24-96; published opacity standard 96 10-4-96 Fireworks devices; fuse burn rescission; comments due time; comments due by by 10-24-96; published 9- ENVIRONMENTAL AGRICULTURE DEPARTMENT 10-21-96; published 8-7- 24-96 PROTECTION AGENCY 96 Superfund program: Animal and Plant Health Air quality implementation DEFENSE DEPARTMENT plans: National oil and hazardous Inspection Service substances contingency Exportation and importation of Acquisition regulations: Preparation, adoption, and plan-- animals and animal Carbon fiber; comments due submittal-- National priorities list products: by 10-21-96; published 8- Motorist compliance update; published 10- Pet birds; importation; 21-96 enforcement 18-96 comments due by 10-21- Federal Acquisition Regulation mechanisms for pre- HEALTH AND HUMAN 96; published 8-21-96 (FAR): existing programs; SERVICES DEPARTMENT Viruses, serums, toxins, etc.: Novation and related vehicle inspection and agreements; comments maintenance program Food and Drug Biological products and requirements; comments Administration guidelines; definition; due by 10-21-96; published 8-21-96 due by 10-23-96; Animal drugs, feeds, and comments due by 10-22- published 9-23-96 related products: 96; published 8-23-96 Grant and agreement regulations: Prevention of significant Phenylbutazone injection; AGRICULTURE Grants and cooperative deterioration and published 10-18-96 DEPARTMENT nonattainment new Polysulfated agreements award and Forest Service administration; uniform source review; Federal glycosaminoglycan; Alaska National Interest Lands regulatory review; published 10-18-96 policies and procedures; Conservation Act; Title VIII comments due by 10-25- comments due by 10- TRANSPORTATION implementation (subsistence 96; published 8-26-96 21-96; published 7-23- DEPARTMENT priority); comments due by 96 EDUCATION DEPARTMENT Coast Guard 10-25-96; published 8-7-96 Air quality implementation Postsecondary education: Drawbridge operations: AGRICULTURE plans; approval and Student assistance general Louisiana; published 9-18-96 DEPARTMENT promulgation; various provisions-- TRANSPORTATION States: Farm Service Agency Federal Perkins loan, DEPARTMENT New York; comments due Federal Agriculture Federal work-study, Maritime Administration Improvement and Reform by 10-21-96; published 9- Federal supplemental 19-96 Subsidized vessels and Act of 1996: educational opportunity operators: Conservation provisions; grant, and Federal Pell North Carolina; comments Maritime security program; implementation; public grant programs; due by 10-21-96; establishment; published forums; comments due by comments due by 10- published 9-20-96 10-16-96 10-22-96; published 10-7- 21-96; published 9-19- Texas; comments due by TREASURY DEPARTMENT 96 96 10-23-96; published 9-23- 96 Customs Service AGRICULTURE ENERGY DEPARTMENT Organization and functions; DEPARTMENT Acquisition regulations: Washington; comments due by 10-23-96; published 9- field organization, ports of Natural Resources Management and operating 23-96 entry, etc.: Conservation Service contracts-- Clean Air Act: Columbus, OH; port limits Federal Agriculture Competition and extension extension; published 9-18- Improvement and Reform contract reform initiative; State operating permits 96 Act of 1996: implementation; programs-- TREASURY DEPARTMENT Conservation provisions; comments due by 10- Maine; comments due by Foreign Assets Control implementation; public 25-96; published 10-10- 10-21-96; published 9- Office forums; comments due by 96 19-96 Sanctions programs; blocked 10-22-96; published 10-7- Competition and extension Hazardous waste program persons, specifically 96 contract reform initiative; authorizations: vi Federal Register / Vol. 61, No. 203 / Friday, October 18, 1996 / Reader Aids

New Mexico; comments due HOUSING AND URBAN and commercial Raytheon; comments due by by 10-21-96; published 9- DEVELOPMENT facilities; comments due 10-21-96; published 8-20- 19-96 DEPARTMENT by 10-21-96; published 96 7-22-96 Pesticide programs: Federal Housing Enterprise Saab; comments due by 10- Grants: Pesticides and ground water Oversight Office 21-96; published 9-11-96 strategy; State Risk-based capital: Police Corps program; comments due by 10-24- Airworthiness standards: management plan Stress tests; house price 96; published 9-24-96 regulation; comments due index (HPI) use and Special conditions-- by 10-24-96; published 6- benchmark loss NATIONAL AERONAUTICS 26-96 AND SPACE Eurocopter Deutschland experience establishment; model MBB-BK Risk/benefit information; ADMINISTRATION comments due by 10-24- helicopters; comments reporting requirements; Federal Acquisition Regulation 96; published 8-19-96 due by 10-25-96; comments due by 10-21- (FAR): INTERIOR DEPARTMENT published 8-26-96 96; published 9-20-96 Novation and related Fish and Wildlife Service FEDERAL agreements; comments Class C and Class D Alaska National Interest Lands COMMUNICATIONS due by 10-21-96; airspace; comments due by Conservation Act; Title VIII COMMISSION published 8-21-96 10-22-96; published 8-22-96 implementation (subsistence PERSONNEL MANAGEMENT Radio stations; table of Class D airspace; comments priority); comments due by OFFICE assignments: due by 10-25-96; published 10-25-96; published 8-7-96 Prevailing rate systems; Alabama; comments due by 9-17-96 JUSTICE DEPARTMENT comments due by 10-23-96; 10-21-96; published 9-9- published 9-23-96 Class E airspace; comments 96 Immigration and Naturalization Service TRANSPORTATION due by 10-21-96; published Colorado; comments due by 9-17-96 Immigration: DEPARTMENT 10-21-96; published 9-9- Federal Aviation 96 Aliens-- TRANSPORTATION Administration DEPARTMENT Kansas; comments due by Conditional residents and Airworthiness directives: 10-21-96; published 9-9- fiancees; persons de Havilland; comments due Federal Highway 96 admitted for permanent by 10-21-96; published 9- Administration FEDERAL DEPOSIT residence; status 11-96 adjustment; comments Motor carrier replacement INSURANCE CORPORATION Airbus; comments due by due by 10-21-96; information/registration Insured State banks; activities 10-21-96; published 9-11- published 8-20-96 system; comments due by and investments; comments 96 10-25-96; published 8-26-96 due by 10-22-96; published JUSTICE DEPARTMENT American Champion Aircraft 8-23-96 Justice Programs Office Corp.; comments due by Motor carrier safety standards: FEDERAL TRADE Grants: 10-25-96; published 8-28- Training of entry-level COMMISSION Indian Tribes program; 96 drivers of commercial Agency information collection violent offender Boeing; comments due by motor vehicles; comments activities: incarceration and truth-in- 10-24-96; published 8-28- due by 10-25-96; 96 published 4-25-96 Proposed collection; sentencing; comments Boeing et al.; comments comment request; due by 10-24-96; due by 10-24-96; TRANSPORTATION comments due by 10-25- published 9-24-96 published 9-13-96 DEPARTMENT 96; published 8-26-96 JUSTICE DEPARTMENT Fokker; comments due by National Highway Traffic GENERAL SERVICES Americans with Disabilities 10-24-96; published 9-13- Safety Administration ADMINISTRATION Act: 96 Federal Acquisition Regulation Nondiscrimination on basis McDonnell Douglas; Fuel economy standards: (FAR): of disability-- comments due by 10-24- Passenger automobiles; low Novation and related State and local 96; published 9-13-96 volume manufacturer agreements; comments government services; Pilatus Britten-Norman; exemptions; comments due by 10-21-96; childrens' facilities in comments due by 10-21- due by 10-21-96; published 8-21-96 public accomodations 96; published 8-22-96 published 9-5-96