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2 III

Contents Federal Register Vol. 62, No. 203

Tuesday, October 21 1997

Agency for Toxic Substances and Disease Registry Commodity Credit Corporation NOTICES NOTICES Meetings: Meetings; Sunshine Act, 54603 Scientific Counselors Board, 54638 Comptroller of the Currency Agriculture Department RULES See Animal and Plant Health Inspection Service Fees assessment; national and District of Columbia banks, See Commodity Credit Corporation 54744–54746 See National Agricultural Statistics Service PROPOSED RULES Fees assessment; national and District of Columbia banks, Animal and Plant Health Inspection Service 54747–54748 RULES Defense Department Exportation and importation of animals and animal See Army Department products: See Engineers Corps Hog cholera and swine vesicular disease; disease status change— Defense Nuclear Facilities Safety Board Spain, 54574–54575 PROPOSED RULES Plant-related quarantine, domestic: Freedom of Information Act; implementation, 54594–54595 Mediterranean fruit fly, 54571––54574 Energy Department Army Department See Bonneville Power Administration See Engineers Corps See Energy Efficiency and Renewable Energy Office NOTICES See Energy Research Office Agency information collection activities: See Federal Energy Regulatory Commission Proposed collection; comment request, 54616–54617 Energy Efficiency and Renewable Energy Office Bonneville Power Administration NOTICES NOTICES Agency information collection activities: Records of decision: Proposed collection; comment request, 54618 Nez Perce Tribal Hatchery Program, 54617–54618 Energy Research Office Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.: NOTICES Fusion Energy Sciences Advisory Committee, 54618– Meetings: 54619 Citizens Advisory Committee, 54638–54639 Injury Prevention and Control Advisory Committee, Engineers Corps 54639 NOTICES Environmental statements; notice of intent: Coast Guard Devils Lake, ND; emergency outlet to Sheyenne River, NOTICES 54617 Agency information collection activities: Proposed collection; comment request, 54679–54680 Environmental Protection Agency Meetings: RULES Port access routes; approaches to the Mississippi River Air pollution control; new motor vehicles and engines: via Southwest Pass, South Pass, and Tiger Pass, Heavy-duty engines, highway-operated; emissions including the Mississippi River Gulf Outlet, 54680– control, 54694–54730 54681 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Commerce Department New Mexico et al., 54589–54591 See National Institute of Standards and Technology Air quality implementation plans; approval and See National Oceanic and Atmospheric Administration promulgation; various States: NOTICES California, 54587–54588 Agency information collection activities: Virginia, 54585–54587 Submission for OMB review; comment request, 54604 PROPOSED RULES Air programs; approval and promulgation; State plans for Committee for the Implementation of Textile Agreements designated facilities and pollutants: NOTICES New Mexico, 54601–54602 Cotton, wool, and man-made textiles: Air quality implementation plans; approval and India, 54615 promulgation; various States: Nepal, 54615–54616 Texas, 54598–54601 Sri Lanka, 54616 Virginia, 54601 IV Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Contents

NOTICES Federal Labor Relations Authority Agency information collection activities: NOTICES Submission for OMB review; comment request, 54629– Agency information collection activities: 54632 Submission for OMB review; comment request, 54635– Meetings: 54636 State FIFRA Issues Research and Evaluation Group, 54632 Federal Maritime Commission NOTICES Executive Office of the President Meetings; Sunshine Act, 54636 See Presidential Documents See Trade Representative, Office of United States Federal Railroad Administration NOTICES Orders: Farm Credit Administration Burlington Northern and Santa Fe Railway Co.; NOTICES temporary cessation of sounding of locomotive horn, Privacy Act: 54681–54683 Systems of records, 54632–54634 Federal Reserve System Federal Aviation Administration NOTICES RULES Banks and bank holding companies: Airworthiness directives: Change in bank control, 54636 Fokker, 54579–54581 Formations, acquisitions, and mergers, 54636 Pilatus Britten-Norman Ltd., 54575–54579 Permissible nonbanking activities, 54636–54637 Standard instrument approach procedures, 54581–54582 Federal Open Market Committee: PROPOSED RULES Domestic policy directives, 54637 Airworthiness directives: New Piper Aircraft, Inc., 54595–54598 Fish and Wildlife Service NOTICES Federal Communications Commissionct Endangered and threatened species permit applications, 54647–54648 NOTICES Marine mammals permit applications, 54648–54649 Common carrier services: Telecommunications relay services; State certification; Food and Drug Administration applications accepted, 54635 NOTICES Meetings: Federal Deposit Insurance Corporation Dermatologic and Ophthalmic Drugs Advisory NOTICES Committee, 54639–54640 Meetings: Medical Devices Advisory Committee, 54640 Affordable Housing Advisory Board, 54635 Reports and guidance documents; availability, etc.: SUPAC-IR; immediate release solid oral dosage forms, Federal Energy Regulatory Commission manufacturing equipment addendum; industry NOTICES guidance, 54640–54641 Electric rate and corporate regulation filings: Cinergy Services, Inc., et al., 54627–5462 General Accounting Office PDC Berkshire Power LLC, et al., 54623–54627 NOTICES Environmental statements; availability, etc.: Meetings: Texas Eastern Transmission Corp., 54627–54628 Federal Accounting Standards Advisory Board, 54637– Environmental statements; notice of intent: 54638 Florida Gas Transmission Co., 54628–54629 Health and Human Services Department Montana Power Co., 54629 Applications, hearings, determinations, etc.: See Agency for Toxic Substances and Disease Registry 3E Energy Services, LLC, 54619 See Centers for Disease Control and Prevention Electrical Associates Power Marketing, Inc., 54619 See Food and Drug Administration Maritimes & Northeast Pipeline L.L.C., 54619 See National Institutes of Health NOTICES Moulton Niguel Water District, 54620 Meetings: PECO Energy Co., 54620 Vital and Health Statistics National Committee, 54638 Pennsylvania Public Utility Commission et al., 54620 Sea Robin Pipeline Co., 54621 Housing and Urban Development Department Sigma Energy, Inc., 54621 NOTICES Tennessee Gas Pipeline Co., 54621 Agency information collection activities: Proposed collection; comment request, 54643–54644 Federal Highway Administration Low income housing: PROPOSED RULES Difficult development areas; statutorily mandated Traffic operations: designation for tax credit, 54732–54742 Traffic control devices; national standards— Uniform traffic control devices manual; railroad- Interior Department highway grade crossings, 54598 See Fish and Wildlife Service Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Contents V

See Land Management Bureau National Institutes of Health See Minerals Management Service NOTICES See National Park Service Inventions, Government-owned; availability for licensing, NOTICES 54641 Grants and cooperative agreements; availability, etc.: Meetings: Tribal self-governance program— National Institute of Allergy and Infectious Diseases, Programs eligible for inclusion in (1999 FY) annual 54641–54642 funding agreements; list, 54644–54647 National Institute of Dental Research, 54642 National Institute on Deafness and Other Communication Internal Revenue Service Disorders, 54642 NOTICES Women’s Health Research Office, 54642–54643 Agency information collection activities: National Oceanic and Atmospheric Administration Proposed collection; comment request, 54687–54691 Meetings: RULES Fishery conservation and management: Commissioner’s Advisory Group, 54691 Alaska; fisheries of Exclusive Economic Zone— Pollock, 54592–54593 Justice Department NOTICES National Park Service Pollution control; consent judgments: NOTICES Boston University Trustees, 54652–54653 Meetings: Citizens for Nuclear Safety, Inc, et al., 54653 Gates of Arctic National Park and Preserve Subsistence Inland Steel Co., 54653 Resource Commission, 54651 Tex Tin Corp., et al., 54653–54654 Gettysburg National Military Park Advisory Commission, World Color Press, Inc., 54654 54651 Jimmy Carter National Historic Site Advisory Land Management Bureau Commission, 54651–54652 NOTICES National Park System Advisory Board, 54652 Classification of public lands: National Science Foundation Idaho, 54649–54650 NOTICES Environmental statements; availability, etc.: Meetings: Castle Mountain Mine Project, Needles Resource Area, Neuroscience Advisory Panel, 54655 CA, 54650 National Transportation Safety Board Marine Mammal Commission NOTICES NOTICES Meetings; Sunshine Act, 54655 Meetings; Sunshine Act, 54654–54655 Nuclear Regulatory Commission Minerals Management Service NOTICES Environmental statements; availability, etc.: NOTICES Cleveland Electric Illuminating Co., et al., 54657 Environmental statements; availability, etc.: Meetings: Alaska OCS— Radiography workshop; American Society for Arctic National Wildlife Refuge; ARCO Warthog No. 1 Nondestructive Testing, 54658 exploration well, 54650 Meetings; Sunshine Act, 54658–54659 Applications, hearings, determinations, etc.: National Agricultural Statistics Service Cleveland Electric Illuminating Co., et al., 54655–54656 NOTICES Elamir, Magdy, M.D., 54656 Agency information collection activities: Westinghouse Electric Corp., 54656–54657 Proposed collection; comment request, 54603–54604 Office of United States Trade Representative National Archives and Records Administration See Trade Representative, Office of United States RULES Postal Service Records management: NOTICES Electronic records transfer; timing and acceptable transfer Meetings; Sunshine Act, 54659 media forms, 54582–54585 NOTICES Presidential Documents Meetings: PROCLAMATIONS Presidential Libraries Advisory Committee, 54655 Special observances: Character Counts Week, National (Proc. 7043), 54754– National Institute of Standards and Technology 54756 NOTICES Forest Products Week, National (Proc. 7042), 54751– Alternative personnel management system: 54752 Demonstration project plan; consolidation and ADMINISTRATIVE ORDERS republication, 54604–54614 Brazil; peaceful uses of nuclear energy, proposed agreement Inventions, Government-owned; availability for licensing, with the U.S. (Presidential Determination No. 98-2 of 54614–54615 October 9, 1997), 54569 VI Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Contents

Public Health Service NOTICES See Agency for Toxic Substances and Disease Registry Aviation proceedings: See Centers for Disease Control and Prevention Certificates of public convenience and necessity and See Food and Drug Administration foreign air carrier permits; weekly applications, See National Institutes of Health 54679

Research and Special Programs Administration Treasury Department RULES See Comptroller of the Currency Pipeline safety: See Internal Revenue Service Hazardous liquid and carbon dioxide— NOTICES Pressure testing older pipelines, 54591–54592 Agency information collection activities: Submission for OMB review; comment request, 54683– Securities and Exchange Commission 54685 NOTICES Organization, functions, and authority delegations: Agency information collection activities: Bureaus heads et al., 54685–54686 Proposed collection; comment request, 54659 Security Office, Director, 54686–54687 Self-regulatory organizations; proposed rule changes: Delta Clearing Corp., 54661–54666 Veterans Affairs Department Depository Trust Co., 54666–54667 NOTICES MBS Clearing Corp., 54667–54668 Meetings: National Securities Clearing Corp., 54668–54669 Future of VA Long Term Care Advisory Committee, Options Clearing Corp., 54669–54670 54691–54692 Submission for OMB review; comment request, 54670 Applications, hearings, determinations, etc.: Smith Barney Muni Funds, et al., 54659–54661 Separate Parts In This Issue Small Business Administration NOTICES Part II Applications, hearings, determinations, etc.: Environmental Protection Agency, 54694–54730 New Vista Capital Fund, L.P., 54670 Southwest/Catalyst Capital, Ltd., 54671 Part III Department of Housing and Urban Development, 54732– Statistical Reporting Service 54742 See National Agricultural Statistics Service Part IV Surface Transportation Board Department of the Treasury, Comptroller of the Currency NOTICES 54744–54748 Railroad operation, acquisition, construction, etc.: Norfolk and Western Railway Co., 54683 Part V Tennessee Valley Authority The President, 54751–54752 NOTICES Meetings; Sunshine Act, 54671 Part VI The President, 54755–54756 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Reader Aids Additional information, including a list of telephone Toxic Substances and Disease Registry Agency numbers, finding aids, reminders, and a list of Public Laws See Agency for Toxic Substances and Disease Registry appears in the Reader Aids section at the end of this issue.

Trade Representative, Office of United States NOTICES Electronic Bulletin Board North American Free Trade Agreement (NAFTA): Accelerated tariff eliminations— Free Electronic Bulletin Board service for Public Law Articles to be considered; comment request, 54671– numbers, Federal Register finding aids, and a list of 54678 documents on public inspection is available on 202–275– 1538 or 275–0920. Transportation Department See Coast Guard See Federal Aviation Administration Public Laws Electronic Notification Service See Federal Highway Administration Free electronic mail notification of newly enacted Public See Federal Railroad Administration Laws is now available. To subscribe, send E-mail to See Research and Special Programs Administration [email protected] with the message: SUBSCRIBE PENS-L See Surface Transportation Board FIRSTNAME LASTNAME. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7042...... 54751 7043...... 54755 Administrative Orders: Presidential Determinations: No. 98±2 of October 9, 1997 ...... 54569 7 CFR 301 (2 documents) ...... 54571, 54572 9 CFR 94...... 54574 10 CFR Proposed Rules: 1703...... 54594 12 CFR 8...... 54744 Proposed Rules: 8...... 54747 14 CFR 39 (3 documents) ...... 54575, 54577, 54579 97...... 54581 Proposed Rules: 39...... 54595 23 CFR Proposed Rules: 655...... 54598 36 CFR 1228...... 54582 1234...... 54582 40 CFR 9...... 54694 52 (2 documents) ...... 54585, 54587 62...... 54589 86...... 54694 Proposed Rules: 52 (2 documents) ...... 54598, 54601 62...... 54598 49 CFR 195...... 54591 50 CFR 679...... 54592 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Presidential Documents 54569

Federal Register Presidential Documents Vol. 62, No. 203

Tuesday, October 21, 1997

Title 3— Presidential Determination No. 98–2

The President Presidential Determination on the Proposed Agreement for Cooperation Between the Government of the United States of America and the Government of the Federative Republic of Brazil Concerning Peaceful Uses of Nuclear Energy

Memorandum for the Secretary of State [and] the Secretary of Energy

I have considered the proposed Agreement for Cooperation Between the Government of the United States of America and the Government of the Federative Republic of Brazil Concerning Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of the interested agencies. I have determined that the performance of the agreement will promote, and will not constitute an unreasonable risk to, the common defense and security. Pursuant to section 123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b)), I hereby approve the proposed agreement and authorize you to arrange for its execution. The Secretary of State is authorized and directed to publish this determina- tion in the Federal Register. œ–

THE WHITE HOUSE, Washington, October 9, 1997. [FR Doc. 97–28026 Filed 10–20–97; 8:45 am] Billing code 4710–10–M 54571

Rules and Regulations Federal Register Vol. 62, No. 203

Tuesday, October 21, 1997

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Mr. quarantined area more accurate. In a contains regulatory documents having general Michael B. Stefan, Operations Officer, fourth interim rule effective on applicability and legal effect, most of which Domestic and Emergency Operations, September 4, 1997, and published in the are keyed to and codified in the Code of PPQ, APHIS, 4700 River Road Unit 134, Federal Register on September 10, 1997 Federal Regulations, which is published under Riverdale, MD 20737–1236, (301) 734– (62 FR 47553–47558, Docket No. 97– 50 titles pursuant to 44 U.S.C. 1510. 8247; or e-mail: 056–5), we quarantined a new area in The Code of Federal Regulations is sold by [email protected]. Polk County, FL, and an area in Sarasota County, FL. the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: new books are listed in the first FEDERAL We have determined, based on REGISTER issue of each week. Background trapping surveys conducted by the The Mediterranean fruit fly, Ceratitis Animal and Plant Health Inspection capitata (Wiedemann), is one of the Service (APHIS) and Florida State and DEPARTMENT OF AGRICULTURE world’s most destructive pests of county agency inspectors, that the Medfly has been eradicated from all or Animal and Plant Health Inspection numerous fruits and vegetables. The portions of the quarantined areas in Service Mediterranean fruit fly (Medfly) can cause serious economic losses. Heavy Hillsborough, Manatee, Orange, Polk, 7 CFR Part 301 infestations can cause complete loss of and Sarasota Counties, FL. The last crops, and losses of 25 to 50 percent are finding of the Medfly thought to be [Docket No. 97±056±7] not uncommon. The short life cycle of associated with the infestation in these this pest permits the rapid development areas occurred on July 24, 1997. Since Mediterranean Fruit Fly; Removal of of serious outbreaks. then, no evidence of infestation has Quarantined Areas The Mediterranean fruit fly been found in these areas. We are, regulations (contained in 7 CFR 301.78 therefore, removing these areas from the AGENCY: Animal and Plant Health through 301.78–10 and referred to list of areas in § 301.78–3(c) quarantined Inspection Service, USDA. below as the regulations) restrict the because of the Medfly. As a result of this ACTION: Interim rule and request for interstate movement of regulated action, there are no longer any comments. articles from quarantined areas to quarantined areas in Manatee, Orange, prevent the spread of Medfly to and Sarasota Counties, FL. Portions of SUMMARY: We are amending the noninfested areas of the United States. Hillsborough and Polk Counties remain Mediterranean fruit fly regulations by Since an initial finding of Medfly quarantined. removing all or portions of the infestation in Hillsborough County, FL, quarantined areas in Hillsborough, Immediate Action in June 1997, quarantined areas have Manatee, Orange, Polk, and Sarasota included all or portions of Hillsborough, The Administrator of the Animal and Counties, FL, from the list of Manatee, Orange, Polk, and Sarasota Plant Health Inspection Service has quarantined areas. We have determined Counties, FL. determined that there is good cause for that the Mediterranean fruit fly has been In an interim rule effective on June publishing this interim rule without eradicated from these areas and that 16, 1997, and published in the Federal prior opportunity for public comment. restrictions are no longer necessary. Register on June 20, 1997 (62 FR 33537– The areas in Florida affected by this This action relieves unnecessary 33539, Docket No. 97–056–2), we added document were quarantined to prevent restrictions on the interstate movement a portion of Hillsborough County, FL, to the Medfly from spreading to of regulated articles from these areas. the list of quarantined areas and noninfested areas of the United States. DATES: Interim rule effective October 15, restricted the interstate movement of Because the Medfly has been eradicated 1997. Consideration will be given only regulated articles from that quarantined from these areas, and because the to comments received on or before area. In a second interim rule effective continued quarantine status of these December 22, 1997. on July 3, 1997, and published in the areas would impose unnecessary ADDRESSES: Please send an original and Federal Register on July 10, 1997 (62 FR regulatory restrictions on the public, three copies of your comments to 36976–36978, Docket No. 97–056–3), we immediate action is warranted to relieve Docket No. 97–056–7, Regulatory expanded the quarantined area in restrictions. Analysis and Development, PPD, Hillsborough County, FL, and added Because prior notice and other public APHIS, suite 3c03, 4700 River Road areas in Manatee and Polk Counties, FL, procedures with respect to this action Unit 118, Riverdale, MD 20737–1238. to the list of quarantined areas. In a are impracticable and contrary to the Please state that your comments refer to third interim rule effective on August 7, public interest under these conditions, Docket No. 97–056–7. Comments 1997, and published in the Federal we find good cause under 5 U.S.C. 553 received may be inspected at USDA, Register on August 13, 1997 (62 FR to make this rule effective upon room 1141, South Building, 14th Street 43269–43272, Docket No. 97–056–4), we signature. We will consider comments and Independence Avenue SW., further expanded the quarantined area that are received within 60 days of Washington, DC, between 8 a.m. and by adding new areas of Hillsborough publication of this rule in the Federal 4:30 p.m., Monday through Friday, County, FL, and an area in Orange Register. After the comment period except holidays. Persons wishing to County, FL, to the list of quarantined closes, we will publish another inspect comments are requested to call areas. In that third interim rule, we also document in the Federal Register. It ahead on (202) 690–2817 to facilitate revised the entry for Manatee County, will include a discussion of any entry into the comment reading room. FL, to make the boundary lines of the comments we receive and any 54572 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations amendments we are making to the rule require administrative proceedings T. 29 S., R. 25 E. to Thornhill Road; then as a result of the comments. before parties may file suit in court north along Thornhill Road to State Highway challenging this rule. 540; then west along State Highway 540 to Executive Order 12866 and Regulatory the section line dividing sections 31 and 32, Flexibility Act Paperwork Reduction Act T. 28 S., R. 25 E.; then north along the section line dividing sections 31 and 32, T. 28 S., R. This rule has been reviewed under This rule contains no new 25 E. to State Highway 542; then west along Executive Order 12866. For this action, information collection or recordkeeping State Highway 542 to State Highway 37 the Office of Management and Budget requirements under the Paperwork (South Florida Avenue); then south along has waived its review process required Reduction Act of 1995 (44 U.S.C. 3501 State Highway 37 (South Florida Avenue) to by Executive Order 12866. et seq.). State Highway 572 (Drane Field Road); then This interim rule amends the Medfly west along State Highway 572 (Drane Field regulations by removing all or portions List of Subjects in 7 CFR Part 301 Road) to Harden Boulevard; then south along of the quarantined areas in Agricultural commodities, Plant Harden Boulevard to Lake Miriam Drive; Hillsborough, Manatee, Orange, Polk, diseases and pests, Quarantine, then west along Lake Miriam Drive to Old State Road 37; then south along Old State and Sarasota Counties, FL. This action Reporting and recordkeeping Road 37 to State Highway 37; then south affects the interstate movement of requirements, Transportation. along State Highway 37 to State Highway 60; regulated articles from these areas. Accordingly, 7 CFR part 301 is then east along State Highway 60 to the point There are approximately 592 small amended as follows: of beginning. entities that could be affected, including Done in Washington, DC, this 15th day of 9 transportation terminals, 223 fruit PART 301ÐDOMESTIC QUARANTINE October 17, 1997. stands, 28 flea markets, 4 processing NOTICES Craig A. Reed, plants, 25 farmers’ markets, 189 1. The authority citation for part 301 Acting Administrator, Animal and Plant nurseries (primarily retail), 149 mobile continues to read as follows: Health Inspection Service. produce vendors, 113 food stores, 2 fruit [FR Doc. 97–27813 Filed 10–20–97; 8:45 am] Authority: 7 U.S.C. 147a, 150bb, 150dd, shippers, 3 commercial growers, 6 BILLING CODE 3410±34±P garbage service firms, 1 vegetable 150ee, 150ff, 161, 162, and 164–167; 7 CFR 2.22, 2.80, and 371.2(c). packinghouse, and 1 hauler/harvester. These small entities comprise less 2. In § 301.78–3, paragraph (c), the DEPARTMENT OF AGRICULTURE than 1 percent of the total number of entry for Florida is revised to read as similar small entities operating in the follows: Animal and Plant Health Inspection State of Florida. In addition, most of Service § 301.78±3 Quarantined areas. these small entities sell regulated articles primarily for local intrastate, not * * * * * 7 CFR Part 301 (c) * * * interstate movement, and the sale of [Docket No. 97±102±1] these articles would not be affected by FLORIDA this interim regulation. Hillsborough County. That portion of Mediterranean Fruit Fly; Addition to Therefore, removing all or portions of Hillsborough County beginning at the Quarantined Areas the quarantined areas in Hillsborough, intersection of I–75 and the Hillsborough/ AGENCY: Manatee, Orange, Polk, and Sarasota Pasco County line; then west along the Animal and Plant Health Counties, FL, should have a minimal Hillsborough/Pasco County line to the Inspection Service, USDA. economic effect on the small entities section line dividing sections 5 and 6, T. 27 ACTION: Interim rule and request for operating there. We anticipate that the S., R. 18 E.; then south along the section line comments. dividing sections 5 and 6, T. 27 S., R. 18 E. economic impact of lifting the to Veterans Expressway; then south along SUMMARY: We are amending the quarantine, though positive, will be no Veterans Expressway to Erhlich Road; then Mediterranean fruit fly regulations by more significant than was the minimal west along Erhlich Road to Gunn Highway; adding a portion of Los Angeles County, impact of its imposition. then north along Gunn Highway to Mobley CA, to the list of quarantined areas, and Under these circumstances, the Road; then west along Mobley Road to restricting the interstate movement of Administrator of the Animal and Plant Racetrack Road; then southwest along regulated articles from the quarantined Racetrack Road to the Pinellas/Hillsborough Health Inspection Service has area. This action is necessary on an determined that this action will not County line; then south along the Pinellas/ Hillsborough County line to I–275; then east emergency basis to prevent the spread of have a significant economic impact on the Mediterranean fruit fly into a substantial number of small entities. along I–275 to the western most land mass at the eastern end of the Howard Franklin noninfested areas of the continental Executive Order 12372 Bridge; then along an imaginary line along United States. the shoreline of the Old Tampa Bay, Tampa This program/activity is listed in the DATES: Interim rule effective October 16, Bay, and Hillsborough Bay (including the 1997. Consideration will be given only Catalog of Federal Domestic Assistance Interbay Peninsula, Davis Island, Harbour under No. 10.025 and is subject to Island, Hooker’s Point, and Port Sutton) to to comments received on or before Executive Order 12372, which requires the northern shoreline of the Alafia River’s December 22, 1997. intergovernmental consultation with extension; then east along the northern ADDRESSES: Please send an original and State and local officials. (See 7 CFR part shoreline of the Alafia River to I–75; then three copies of your comments to 3015, subpart V.) north along I–75 to the point of beginning. Docket No. 97–102–1, Regulatory Polk County. That portion of Polk County Analysis and Development, PPD, Executive Order 12988 beginning at the intersection of State APHIS, suite 3C03, 4700 River Road This rule has been reviewed under Highway 60 (Van Fleet Drive) and West Van Unit 118, Riverdale, MD 20737–1238. Fleet Drive (not Business 60); then east along Executive Order 12988, Civil Justice State Highway 60 (Van Fleet Drive) to U.S. Please state that your comments refer to Reform. This rule: (1) Preempts all State Highway 17; then north along U.S. Highway Docket No. 97–102–1. Comments and local laws and regulations that are 17 to the section line dividing sections 27 received may be inspected at USDA, inconsistent with this rule; (2) has no and 28 , T. 29 S., R. 25 E.; then north along room 1141, South Building, 14th Street retroactive effect; and (3) does not the section line dividing sections 27 and 28, and Independence Avenue SW., Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54573

Washington, DC, between 8 a.m. and four-and-one-half miles from the number of these entities that meet the 4:30 p.m., Monday through Friday, detection sights. The boundary lines U.S. Small Business Administration’s except holidays. Persons wishing to may vary due to factors such as the (SBA) definition of a small entity is inspect comments are requested to call location of Medfly host material, the unknown, since the information needed ahead on (202) 690–2817 to facilitate location of transportation centers such to make that determination (i.e., each entry into the comment reading room. as bus stations and airports, the patterns entity’s gross receipts or number of FOR FURTHER INFORMATION CONTACT: Mr. of persons moving in that State, the employees) is not currently available. Michael B. Stefan, Operations Officer, number and patterns of distribution of However, it is reasonable to assume that Domestic and Emergency Programs, the Medfly, and the use of clearly most of the 613 entities are small in PPQ, APHIS, 4700 River Road Unit 134, identifiable lines for the boundaries. size, since the overwhelming majority of Riverdale, MD 20737–1236, (301) 734– In accordance with these criteria and businesses in California, as well as the 8247; or e-mail: the recent Medfly findings described rest of the United States, are small [email protected]. above, we are amending § 301.78–3 by entities by SBA standards. adding a portion of Los Angeles County, Few, if any, of the 613 entities will be SUPPLEMENTARY INFORMATION: CA, to the list of quarantined areas. The significantly affected by the quarantine Background new quarantined area is described in the action taken in this interim rule because rule portion of this document. few of those entities move regulated The Mediterranean fruit fly, Ceratitis articles outside the State of California capitata (Wiedemann), is one of the Emergency Action during the normal course of their world’s most destructive pests of The Administrator of the Animal and business. Nor do consumers of products numerous fruits and vegetables. The Plant Health Inspection Service has purchased from those entities generally Mediterranean fruit fly (Medfly) can determined that an emergency exists move those products interstate. The cause serious economic losses. Heavy that warrants publication of this interim effect on any small entities that do move infestations can cause complete loss of rule without prior opportunity for regulated articles interstate from the crops, and losses of 25 to 50 percent are public comment. Immediate action is quarantined area will be minimized by not uncommon. The short life cycle of necessary to prevent the Medfly from the availability of various treatments this pest permits the rapid development spreading to noninfested areas of the that, in most cases, will allow those of serious outbreaks. United States. small entities to move regulated articles The Mediterranean fruit fly Because prior notice and other public interstate with very little additional regulations (7 CFR 301.78 through procedures with respect to this action costs. Also, many of those small entities 301.78–10; referred to below as the are impracticable and contrary to the sell other items in addition to regulated regulations) restrict the interstate public interest under these conditions, articles, so the effect, if any, of the movement of regulated articles from we find good cause under 5 U.S.C. 553 interim rule should be minimal. quarantined areas to prevent the spread to make it effective upon signature. We Under these circumstances, the of Medfly to noninfested areas of the will consider comments that are Administrator of the Animal and Plant United States. received within 60 days of publication Health Inspection Service has Recent trapping surveys by inspectors of this rule in the Federal Register. determined that this action will not of California State and county agencies After the comment period closes, we have a significant economic impact on and by inspectors of the Animal and will publish another document in the a substantial number of small entities. Plant Health Inspection Service (APHIS) Federal Register. It will include a have revealed that an infestation of discussion of any comments we receive Executive Order 12372 Medfly has occurred in a portion of Los and any amendments we are making to This program/activity is listed in the Angeles County, CA. the rule as a result of the comments. Catalog of Federal Domestic Assistance The regulations in § 301.78–3 provide under No. 10.025 and is subject to that the Administrator of APHIS will list Executive Order 12866 and Regulatory Flexibility Act Executive Order 12372, which requires as a quarantined area each State, or each intergovernmental consultation with portion of a State, in which the Medfly This rule has been reviewed under State and local officials. (See 7 CFR part has been found by an inspector, in Executive Order 12866. For this action, 3015, subpart V.) which the Administrator has reason to the Office of Management and Budget believe that the Medfly is present, or has waived its review process required Executive Order 12988 that the Administrator considers by Executive Order 12866. This rule has been reviewed under necessary to regulate because of its This interim rule amends the Medfly Executive Order 12988, Civil Justice inseparability for quarantine regulations by adding a portion of Los Reform. This rule: (1) Preempts all State enforcement purposes from localities in Angeles County, CA, to the list of and local laws and regulations that are which the Medfly has been found. quarantined areas. This action is inconsistent with this rule; (2) has no Less than an entire State will be necessary on an emergency basis to retroactive effect; and (3) does not designated as a quarantined area only if prevent the spread of the Medfly into require administrative proceedings the Administrator determines that the noninfested areas of the United States. before parties may file suit in court State has adopted and is enforcing This interim rule affects the interstate challenging this rule. restrictions on the intrastate movement movement of regulated articles from the of the regulated articles that are quarantined area of Los Angeles County, National Environmental Policy Act equivalent to those imposed on the CA. We estimate that there are 613 An environmental assessment and interstate movement of regulated entities in the quarantined area of Los finding of no significant impact have articles, and the designation of less than Angeles County, CA, that sell, process, been prepared for this rule. The site the entire State as a quarantined area handle, or move regulated articles; this specific environmental assessment and will prevent the interstate spread of the estimate includes 2 farmers’ markets, 2 programmatic Medfly environmental Medfly. The boundary lines for a community gardens, 31 distributors, 4 impact statement provide a basis for our portion of a State being designated as food banks, 529 fruit sellers, 4 growers, conclusion that implementation of quarantined are set up approximately 30 nurseries, and 11 swapmeets. The integrated pest management to achieve 54574 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations eradication of the Medfly would not CALIFORNIA into the United States from Spain, and have a significant impact on human Los Angeles County. That portion of Los the importation of swine from Spain is health and the natural environment. Angeles County in the Walnut Park and prohibited. Based on the finding of no significant Huntington Park areas bounded by a line EFFECTIVE DATE: The interim rule was impact, the Administrator of the Animal beginning at the intersection of State effective on April 18, 1997. Highway 60 and Interstate Highway 5; then and Plant Health Inspection Service has FOR FURTHER INFORMATION CONTACT: Dr. determined that an environmental southeast along Interstate Highway 5 to Garfield Avenue; then southwest along John Cougill, Staff Veterinarian, impact statement need not be prepared. Garfield Avenue to Florence Avenue; then Products Program, National Center for The environmental assessment and southeast along Florence Avenue to Old Import and Export, VS, APHIS, suite finding of no significant impact were River School Road; then southwest along Old 3B05, 4700 River Road Unit 40, prepared in accordance with: (1) The River School Road to Firestone Boulevard; Riverdale, MD 20737–1231, (301) 734– National Environmental Policy Act of then southeast along Firestone Boulevard to 3399; or e-mail: 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Paramount Boulevard; then southwest along [email protected]. Regulations of the Council on Paramount Boulevard to Interstate Highway 105; then west along Interstate Highway 105 SUPPLEMENTARY INFORMATION: Environmental Quality for to Interstate Highway 710; then southwest implementing the procedural provisions along Interstate Highway 710 to Rosecrans Background of NEPA (40 CFR parts 1500–1508), (3) Avenue; then west along Rosecrans Avenue In an interim rule effective on April USDA regulations implementing NEPA to Interstate Highway 110; then north along 18, 1997, and published in the Federal (7 CFR part 1b), and (4) APHIS’ NEPA Interstate Highway 110 to Interstate Highway Register on May 27, 1997 (62 FR 28619– Implementing Procedures (7 CFR part 105; then west along Interstate Highway 105 28620, Docket No. 97–040–1), we 372). to Normandie Avenue; then north along Normandie Avenue to Martin Luther King, Jr. amended the regulations in §§ 94.9(a) Copies of the environmental Boulevard; then east along Martin Luther and 94.10(a) by removing Spain from assessment and finding of no significant King, Jr. Boulevard to Interstate Highway the list of countries considered to be impact are available for public 110; then north along Interstate Highway 110 free from hog cholera. inspection at USDA, room 1141, South to Adams Boulevard; then southeast along Comments on the interim rule were Building, 14th Street and Independence Adams Boulevard to San Pedro Street; then required to be received on or before July Avenue SW., Washington, DC, between northeast along San Pedro Street to Interstate 28, 1997. We did not receive any 8 a.m. and 4:30 p.m., Monday through Highway 10; then east along Interstate comments. The facts presented in the Friday, except holidays. Persons Highway 10 to State Highway 60; then east interim rule still provide a basis for the wishing to inspect copies are requested along State Highway 60 to the point of beginning. rule. to call ahead on (202) 690–2817 to This action also affirms the facilitate entry into the reading room. In * * * * * information contained in the interim addition, copies may be obtained by Done in Washington, DC, this 16th day of rule concerning Executive Orders 12866 October 1997. writing to the individual listed under and 12988, and the Paperwork Craig A. Reed, FOR FURTHER INFORMATION CONTACT. Reduction Act. Acting Administrator, Animal and Plant Further, for this action, the Office of Paperwork Reduction Act Health Inspection Service. Management and Budget has waived the This rule contains no information [FR Doc. 97–27815 Filed 10–20–97; 8:45 am] review process required by Executive collection or recordkeeping BILLING CODE 3410±34±P Order 12866. requirements under the Paperwork Regulatory Flexibility Act Reduction Act of 1995 (44 U.S.C. 3501 DEPARTMENT OF AGRICULTURE et seq.). This rule affirms an interim rule that amended the regulations by removing Animal and Plant Health Inspection List of Subjects in 7 CFR Part 301 Spain from the list of countries that are Service Agricultural commodities, Plant considered to be free of hog cholera. We diseases and pests, Quarantine, 9 CFR Part 94 took this action based on reports we received from Spain’s Ministry of Reporting and recordkeeping [Docket No. 97±040±2] requirements, Transportation. Agriculture that an outbreak of hog cholera had occurred in Spain. As a Accordingly, 7 CFR part 301 is Change in Disease Status of Spain result of this action, there are additional amended as follows: Because of Hog Cholera restrictions on the importation of pork PART 301ÐDOMESTIC QUARANTINE AGENCY: Animal and Plant Health and pork products into the United NOTICES Inspection Service, USDA. States from Spain, and the importation ACTION: Affirmation of interim rule as of swine from Spain is prohibited. 1. The authority citation for part 301 final rule. The United States produced 17,697 continues to read as follows: million pounds of pork with a gross SUMMARY: We are adopting as a final income of $10 billion in 1995. Pork Authority: 7 U.S.C. 147a, 150bb, 150dd, rule, without change, an interim rule imports in 1995 were approximately 593 150ee, 150ff, 161, 162, and 164–167; 7 CFR 2.22, 2.80, and 371.2(c). that amended the regulations by million pounds, while exports were 582 removing Spain from the list of million pounds. Prior to the interim 2. In § 301.78–3, paragraph (c) is countries considered to be free from hog rule, the United States did not import amended by adding an entry for Los cholera. We took this action based on any live swine from Spain. In 1995, the Angeles County, CA, in alphabetical reports we received from Spain’s United States imported 57,320 pounds order, to read as follows: Ministry of Agriculture that an outbreak of pork from Spain and exported 37,480 of hog cholera had occurred in Spain. pounds to Spain. This is equivalent to § 301.78±3 Quarantined areas. As a result of this action, there are 0.01 percent and 0.006 percent of the * * * * * additional restrictions on the total U.S. imports and exports of pork, (c) * * * importation of pork and pork products respectively. As these proportions show, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54575

U.S. pork trade with Spain has been Done in Washington, DC, this 15th day of telephone 44–1983 872511; facsimile very small. The interim rule could result October 1997. 44–1983 873246. This information may in less pork being imported into the Craig A. Reed, also be examined at the Federal United States from Spain. Acting Administrator, Animal and Plant Aviation Administration (FAA), Central Among the potential entities that may Health Inspection Service. Region, Office of the Regional Counsel, be affected by the interim rule are U.S. [FR Doc. 97–27812 Filed 10–20–97; 8:45 am] Attention: Rules Docket No. 86–CE–23– producers, consumers, and importers. BILLING CODE 3410±34±P AD, Room 1558, 601 E. 12th Street, Since the amount of pork imported from Kansas City, Missouri 64106; or at the Spain has been so small compared to Office of the Federal Register, 800 North the amount produced domestically and DEPARTMENT OF TRANSPORTATION Capitol Street, NW., suite 700, total pork imports, no impact on Washington, DC. consumer and producer prices is Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Mr. expected. Also, there should be little or S.M. Nagarajan, Aerospace Engineer, no impact on importers. Because the 14 CFR Part 39 Small Airplane Directorate, Airplane amount of pork imported from Spain [Docket No. 86±CE±23±AD; Amendment 39± Certification Service, FAA, 1201 has been so small, importers should 10171; AD 86±07±02 R1] Walnut, suite 900, Kansas City, Missouri easily find replacements from other RIN 2120±AA64 64106; telephone (816) 426–6932; approved sources. facsimile (816) 426–2169. Further, if pork imports from Spain Airworthiness Directives; Pilatus SUPPLEMENTARY INFORMATION: were not restricted and hog cholera was Britten-Norman Ltd. (Formerly Britten- introduced into the United States from Norman) BN2A MK. 111 Series Events Leading to the Issuance of This Spain, the economic impact on Airplanes AD consumers, tax payers, and exporters A proposal to amend part 39 of the AGENCY: Federal Aviation could be great. Consumers would be Federal Aviation Regulations (14 CFR Administration, DOT. affected by increased costs and reduced part 39) to include an AD that would availability of pork. The cost to tax ACTION: Final rule. apply to Pilatus Britten-Norman BN2A payers to eradicate or contain the MK. 111 series airplanes was published SUMMARY: This amendment revises disease would be considerable. in the Federal Register as a notice of Exporters would likely face restrictions Airworthiness Directive (AD) 86–07–02, which currently requires repetitively proposed rulemaking on May 27, 1997 on exporting pork to traditional foreign (62 FR 28644). The NPRM proposed to markets. Affected producers would face inspecting the junction of the torque link lug and upper case of the main revise AD 86–07–02 by removing the increased production costs. The benefits BN–2A, BN–2B, and BN–2T series of avoiding the potential cost of a landing gear (MLG) torque link assemblies for cracks on Pilatus Britten- airplanes from the applicability of that disease outbreak outweighs by far the AD. The NPRM proposed to retain the minimal impact of this rule on Norman Ltd. (Pilatus Britten-Norman) BN–2A, BN–2B, BN–2T, and BN2A MK. requirement of repetitively inspecting consumers, producers, and importers of the junction of the torque link lug and pork products. 111 series airplanes, and replacing any part found cracked with a like part. This upper case of the MLG torque link Under these circumstances, the assemblies for the BN2A MK. 111 series Administrator of the Animal and Plant AD removes from the applicability the BN–2A, BN–2B, and BN–2T series airplanes. The FAA is issuing a separate Health Inspection Service has AD action for the BN–2A, BN–2B, and determined that this action will not airplanes, and retains the repetitive inspection and replacement (if BN–2T series airplanes to require a have a significant economic impact on modification that, when incorporated, a substantial number of small entities. necessary) requirements of AD 86–07– 02 for the BN2A MK. 111 series would eliminate the repetitive List of Subjects in 9 CFR Part 94 airplanes. This AD results from the inspection requirement currently required by AD 86–07–02. Animal diseases, Imports, Livestock, Federal Aviation Administration’s Accomplishment of the proposed Meat and meat products, Milk, Poultry determination that additional AD action inspections as specified in the NPRM and poultry products, Reporting and needs to be taken on the BN–2A, BN– would be in accordance with Fairey recordkeeping requirements. 2B, and BN–2T series airplanes. This additional action will be addressed in a Hydraulics Limited Service Bulletin PART 94ÐRINDERPEST, FOOT-AND- separate AD. The actions specified by (SB) 32–7, Issue 3, dated January 30, MOUTH DISEASE, FOWL PEST (FOWL this AD are intended to prevent failure 1990; and Fairey Hydraulics Limited SB PLAQUE), EXOTIC NEWCASTLE of the main landing gear caused by 32–10, Issue 2, dated November 10, DISEASE, AFRICAN SWINE FEVER, cracks in the torque link area, which 1992. Interested persons have been afforded HOG CHOLERA, AND BOVINE could lead to loss of control of the an opportunity to participate in the SPONGIFORM ENCEPHALOPATHY: airplane during landing operations. making of this amendment. No PROHIBITED AND RESTRICTED DATES: Effective November 28, 1997. IMPORTATIONS comments were received on the The incorporation by reference of proposed AD or the FAA’s Accordingly, we are adopting as a certain publications listed in the determination of the cost to the public. final rule, without change, the interim regulations is approved by the Director rule that amended 9 CFR 94 and that of the Federal Register as of November The FAA’s Determination was published at 62 FR 28619–28620 on 28, 1997. After careful review of all available May 27, 1997. ADDRESSES: Service information that information related to the subject Authority: 7 U.S.C. 147a, 150ee, 161, 162, applies to this AD may be obtained from presented above, the FAA has and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, Fairey Hydraulics Limited, Claverham, determined that air safety and the 134a, 134b, 134c, 134f, 136, and 136a; 31 Bristol, England; or Pilatus Britten- public interest require the adoption of U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR Norman Limited, Bembridge, Isle of the AD as proposed except for minor 2.22, 2.80, and 371.2(d). Wight, United Kingdom PO35 5PR; editorial corrections. The FAA has 54576 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations determined that these minor corrections Administrator, the Federal Aviation (b) If cracked parts are found during any will not change the meaning of the AD Administration amends part 39 of the of the inspections required by this AD, prior and will not add any additional burden Federal Aviation Regulations (14 CFR to further flight, replace the cracked parts upon the public than was already part 39) as follows: with airworthy parts in accordance with the proposed. applicable maintenance manual. PART 39ÐAIRWORTHINESS (c) If the landing gear is replaced, only Cost Impact DIRECTIVES equal pairs of the same manufacturer are approved as replacement parts. Mixing of The FAA estimates that 9 airplanes in 1. The authority citation for part 39 different manufacturer landing gears is not the U.S. registry will be affected by this continues to read as follows: authorized. AD, that it will take approximately 1 (d) The intervals between the repetitive Authority: 49 U.S.C. 106(g), 40113, 44701. workhour per airplane to accomplish inspections required by this AD may be the initial inspection, and that the §39.13 [Amended] adjusted up to 10 percent of the specified average labor rate is approximately $60 2. Section 39.13 is amended by interval to allow accomplishing these actions an hour. Based on these figures, the total along with other scheduled maintenance on removing Airworthiness Directive (AD) cost impact of this AD on U.S. operators the airplane. 86–07–02, Amendment 39–5382, and by is estimated to be $540 or $60 per (e) Special flight permits may be issued in adding a new AD to read as follows: airplane. This figure only takes into accordance with sections 21.197 and 21.199 account the cost of the initial inspection 86–07–02 R1 Pilatus Britten-Norman Ltd: of the Federal Aviation Regulations (14 CFR and does not take into account the cost Amendment 39–10171; Docket No. 86– 21.197 and 21.199) to operate the airplane to a location where the inspection requirements of any repetitive inspections. The FAA CE–23–AD. Revises AD 86–07–02, Amendment 39–5382. of this AD can be accomplished. has no way of determining the number Applicability: Models BN2A MK. 111, (f) An alternative method of compliance or of repetitive inspections each of the BN2A MK. 111–2, and BN2A MK. 111–3 adjustment of the initial or repetitive owners/operators will incur over the life airplanes (all serial numbers), certificated in compliance times that provides an equivalent of the affected airplanes. any category. level of safety may be approved by the In addition, the inspections are Note 1: This AD applies to each airplane Manager, Small Airplane Directorate, 1201 currently required by AD 86–07–02 on identified in the preceding applicability Walnut, suite 900, Kansas City, Missouri the 9 affected airplanes. This AD does provision, regardless of whether it has been 64106. not require any additional actions over modified, altered, or repaired in the area (1) The request should be forwarded that already required by AD 86–07–02. subject to the requirements of this AD. For through an appropriate FAA Maintenance airplanes that have been modified, altered, or Inspector, who may add comments and then Regulatory Impact repaired so that the performance of the send it to the Manager, Small Airplane The regulations adopted herein will requirements of this AD is affected, the Directorate. owner/operator must request approval for an not have substantial direct effects on the (2) Alternative methods of compliance alternative method of compliance in approved for AD 86–07–02 are considered States, on the relationship between the accordance with paragraph (f) of this AD. The approved as alternative methods of national government and the States, or request should include an assessment of the compliance for this AD. on the distribution of power and effect of the modification, alteration, or repair Note 3: Information concerning the responsibilities among the various on the unsafe condition addressed by this AD; and, if the unsafe condition has not been existence of approved alternative methods of levels of government. Therefore, in compliance with this AD, if any, may be accordance with Executive Order 12612, eliminated, the request should include specific proposed actions to address it. obtained from the Small Airplane it is determined that this final rule does Directorate. not have sufficient federalism Compliance: Required prior to further flight after the effective date of this AD (see (g) The inspections required by this AD implications to warrant the preparation Note 2) or within 100 hours time-in-service shall be done in accordance with Fairey of a Federalism Assessment. (TIS) after the last inspection accomplished Hydraulics Limited Service Bulletin 32–7, For the reasons discussed above, I in accordance with AD 86–07–02, whichever Issue 3, dated January 30, 1990, or Fairey certify that this action (1) is not a occurs later, and thereafter at intervals not to Hydraulics Service Bulletin 32–10, Issue 2, ‘‘significant regulatory action’’ under exceed 100 hours TIS. dated November 10, 1992, as applicable. This Executive Order 12866; (2) is not a Note 2: The ‘‘prior to further flight after the incorporation by reference was approved by ‘‘significant rule’’ under DOT effective date of this AD’’ compliance time the Director of the Federal Register in Regulatory Policies and Procedures (44 was the original initial compliance time of accordance with 5 U.S.C. 552(a) and 1 CFR AD 86–07–02, and is being retained to part 51. Copies may be obtained from Fairey FR 11034, February 26, 1979); and (3) Hydraulics Limited, Claverham, Bristol, will not have a significant economic provide credit and continuity for already- accomplished and future inspections. England; or Pilatus Britten-Norman Limited, impact, positive or negative, on a Bembridge, Isle of Wight, United Kingdom To prevent failure of the main landing gear substantial number of small entities PO35 5PR. Copies may be inspected at the under the criteria of the Regulatory caused by cracks in the torque link assembly area, which could lead to loss of control of FAA, Central Region, Office of the Regional Flexibility Act. A copy of the final the airplane during landing operations, Counsel, Room 1558, 601 E. 12th Street, evaluation prepared for this action is accomplish the following: Kansas City, Missouri, or at the Office of the contained in the Rules Docket. A copy (a) Inspect the junction of the torque link Federal Register, 800 North Capitol Street, of it may be obtained by contacting the lug and upper case for cracks (using a 10- NW., suite 700, Washington, DC. Rules Docket at the location provided power magnifying glass or by dye penetrant (h) This amendment (39–10171) revises AD 86–07–02, Amendment 39–5382. under the caption ADDRESSES. methods) in accordance with Fairey Hydraulics Limited Service Bulletin (SB) 32– (i) This amendment (39–10171) becomes List of Subjects in 14 CFR Part 39 7, Issue 3, dated January 30, 1990; or Fairey effective on November 28, 1997. Air transportation, Aircraft, Aviation Hydraulics SB 32–10, Issue 2, dated Issued in Kansas City, Missouri, on November 10, 1992, as applicable. Pilatus October 14, 1997. safety, Incorporation by reference, Britten-Norman SB BN–2/SB. 173, Issue 3, Mary Ellen Schutt, Safety. dated November 16, 1990, references Fairey Acting Manager, Small Airplane Directorate, Hydraulic Limited SB 32–7; and Pilatus Adoption of the Amendment Aircraft Certification Service. Britten-Norman SB BN–2/SB.209, Issue 1, Accordingly, pursuant to the dated November 30, 1992, references Fairey [FR Doc. 97–27785 Filed 10–20–97; 8:45 am] authority delegated to me by the Hydraulic Limited SB 32–10. BILLING CODE 4910±13±U Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54577

DEPARTMENT OF TRANSPORTATION also be examined at the FAA, Central policy simply states that reliance on Region, Office of the Regional Counsel, repetitive inspections of critical areas on Federal Aviation Administration Attention: Rules Docket 96–CE–25–AD, commuter-class airplanes carries an Room 1558, 601 E. 12th Street, Kansas unnecessary safety risk when a design 14 CFR Part 39 City, Missouri 64106; or at the Office of change exists that could eliminate or, in [Docket No. 96±CE±25±AD; Amendment 39± the Federal Register, 800 North Capitol certain instances, reduce the number of 10170; AD 97±22±01] Street, NW., suite 700, Washington, DC. those critical inspections. The alternative to issuing this AD would be RIN 2120±AA64 FOR FURTHER INFORMATION CONTACT: Mr. S.M. Nagarajan, Aerospace Engineer, to rely on repetitive inspections to Airworthiness Directives; Pilatus Small Airplane Directorate, Airplane detect failure of the MLG torque link Britten-Norman Ltd. (Formerly Britten- Certification Service, FAA, 1201 assemblies on the affected airplanes. Norman) BN±2A, BN±2B, and BN±2T Walnut, suite 900, Kansas City, Missouri The intent of the FAA’s aging Series Airplanes 64106; telephone (816) 426–6932; commuter airplane program is to ensure facsimile (816) 426–2169. safe operation of commuter-class AGENCY: Federal Aviation airplanes that are in commercial service SUPPLEMENTARY INFORMATION: Administration, DOT. without adversely impacting private ACTION: Final rule. Events Leading to the Issuance of This operators. Of the approximately 112 AD airplanes in the U.S. registry that would SUMMARY: This amendment adopts a A proposal to amend part 39 of the be affected by this AD, the FAA has new airworthiness directive that applies determined that approximately 25 to Pilatus Britten-Norman Ltd. (Pilatus Federal Aviation Regulations (14 CFR part 39) to include an AD that would percent are operated in scheduled Britten-Norman) BN–2A, BN–2B, and passenger service by 11 different BN–2T series airplanes. This AD apply to Pilatus Britten-Norman BN–2A, BN–2B, and BN–2T series airplanes was operators. A significant number of the requires repetitively inspecting the remaining 75 percent are operated in junction of the torque link lug and published in the Federal Register as a notice of proposed rulemaking (NPRM) other forms of air transportation such as upper case of the main landing gear air cargo and air taxi. (MLG) torque link assemblies for cracks, on May 27, 1997 (62 FR 28646). The NPRM proposed to require repetitively This AD allows at least 1,000 hours and replacing any MLG torque link TIS after the effective date of the AD assembly with a Modification A39 MLG inspecting the junction of the torque link lug and upper case of the MLG before mandatory accomplishment of torque link assembly, either the design modification (upon the immediately when cracks are found or torque link assemblies for cracks, and replacing any MLG torque link assembly accumulation of 5,000 hours TIS or after a certain period of time if cracks within the next 1,000 hours TIS after the are not found. Replacing all MLG torque with a Modification A39 MLG torque link assembly, either immediately when effective date of the AD, whichever is link assemblies with Modification A39 later). The average utilization of the fleet MLG torque link assemblies eliminates cracks are found or at a certain period of time if cracks are not found. for those airplanes in commercial the need for the repetitive inspections. commuter service is approximately 25 These repetitive inspections are Installation of the improved part would eliminate the need for the repetitive to 50 hours TIS per week. Based on currently required by AD 86–07–02 for these figures, operators of commuter the BN–2A, BN–2B, and BN–2T series inspections. Accomplishment of the proposed inspections and installation as airplanes involved in commercial airplanes, as well as the BN2A MK. 111 operation will have to accomplish the series airplanes. There are no improved specified in the NPRM would be in accordance with Fairey Hydraulics replacement within 5 to 10 calendar design parts for the BN2A MK. 111 months (at the least) after this AD series airplanes. The Federal Aviation Limited SB 32–4, Issue 4, dated January 30, 1990. becomes effective. For private owners, Administration (FAA) is issuing in a who typically operate between 100 to separate action a revision to AD 86–07– Interested persons have been afforded an opportunity to participate in the 200 hours TIS per year, this will allow 02 to retain the repetitive inspection 5 to 10 years (at the least) before the and replacement (if necessary) making of this amendment. No comments were received on the replacement becomes mandatory. The requirements for the BN2A MK. 111 time it would take those in air cargo/air series airplanes. The actions specified in proposed rule or the FAA’s determination of the cost to the public. taxi operations before the replacement this AD are intended to prevent failure becomes mandatory is unknown of the main landing gear caused by The FAA’s Determination because of the wide variation between cracks in the torque link area, which After careful review of all available each airplane used in this service. The could lead to loss of control of the information related to the subject exact numbers would fall somewhere airplane during landing operations. presented above, the FAA has between the average for commuter DATES: Effective November 28, 1997. determined that air safety and the operators and private operators. The incorporation by reference of public interest require the adoption of Cost Impact certain publications listed in the the rule as proposed except for minor regulations is approved by the Director editorial corrections. The FAA has The FAA estimates that 112 airplanes of the Federal Register as of November determined that these minor corrections in the U.S. registry will be affected by 28, 1997. will not change the meaning of the AD this AD, that it will take approximately ADDRESSES: Service information that and will not add any additional burden 13 workhours per airplane to applies to this AD may be obtained from upon the public than was already accomplish this AD (1 workhour per Fairey Hydraulics Limited, Claverham, proposed. inspection and 12 workhours for the Bristol, England; or Pilatus Britten- installation), and that the average labor Norman Limited, Bembridge, Isle of The FAA’s Aging Commuter-Class rate is approximately $60 an hour. Parts Wight, United Kingdom PO35 5PR; Airplane Policy cost approximately $6,200 per airplane. telephone 44–1983 872511; facsimile This AD applies to the FAA’s aging Based on these figures, the total cost 44–1983 873246. This information may commuter-class airplane policy. This impact of this AD on U.S. operators is 54578 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations estimated to be $781,760 or $6,980 per threshold cost of $4,975 per year. In PART 39ÐAIRWORTHINESS airplane. order to incur costs of at least $4,975, DIRECTIVES The inspections are currently required an entity would have to operate three or on the 112 affected airplanes by AD 86– more of the airplanes referenced in this 1. The authority citation for part 39 07–02. This AD would not require any AD. FAA data shows that only five continues to read as follows: additional inspection requirements over small entities operate three or more of Authority: 49 U.S.C. 106(g), 40113, 44701. that already required by AD 86–07–02. these airplanes. In addition, this data §39.13 [Amended] In addition, the cost figures referenced shows that approximately 60 entities above are based on the presumption that operate the airplanes referenced in this 2. Section 39.13 is amended by no affected airplane operator has AD, but that only 15 of these entities adding a new airworthiness directive incorporated the inspection-terminating (one-fourth) operate two or more of (AD) to read as follows: installation. Pilatus Britten-Norman these airplanes. 97–22–01 Pilatus Britten-Norman: does not know the number of parts Based on this information, less than Amendment 39–10170; Docket No. 96– distributed to the affected airplane one-third of the entities will incur CE–25–AD. owners/operators. Numerous sets of significant operating costs under FAA Applicability: Models BN–2, BN–2A, BN– parts were sent out to the owners/ Order 2100.14A. Therefore, this AD will 2A–2, BN–2A–3, BN–2A–6, BN–2A–8, BN– operators of the affected airplanes, but not significantly affect a number of 2A–9, BN–2A–20, BN–2A–21, BN–2A–26, over the years Pilatus Britten-Norman BN–2A–27, BN–2B–20, BN–2B–21, BN–2B– small entities. 26, BN–2B–27, and BN–2T airplanes (all has not retained these records. A copy of the full Cost Analysis and serial numbers), certificated in any category. Regulatory Flexibility Determination Regulatory Flexibility Determination for Note 1: This AD applies to each airplane and Analysis this AD may be examined at the FAA, identified in the preceding applicability Central Region, Office of the Regional provision, regardless of whether it has been The Regulatory Flexibility Act of 1980 Counsel, Attention: Rules Docket No. modified, altered, or repaired in the area (RFA) was enacted by Congress to 96–CE–25–AD, Room 1558, 601 E. 12th subject to the requirements of this AD. For ensure that small entities are not Street, Kansas City, Missouri. airplanes that have been modified, altered, or unnecessarily or disproportionally repaired so that the performance of the burdened by government regulations. Regulatory Impact requirements of this AD is affected, the The RFA requires government agencies The regulations adopted herein will owner/operator must request approval for an alternative method of compliance in to determine whether rules would have not have substantial direct effects on the a ‘‘significant economic impact on a accordance with paragraph (f) of this AD. The States, on the relationship between the request should include an assessment of the substantial number of small entities,’’ national government and the States, or effect of the replacement, alteration, or repair and, in cases where they would, on the distribution of power and on the unsafe condition addressed by this conduct a Regulatory Flexibility responsibilities among the various AD; and, if the unsafe condition has not been Analysis in which alternatives to the levels of government. Therefore, in eliminated, the request should include rule are considered. FAA Order accordance with Executive Order 12612, specific proposed actions to address it. 2100.14A, Regulatory Flexibility Criteria it is determined that this final rule does Compliance: Required as indicated after and Guidance, outlines FAA procedures not have sufficient federalism the effective date of this AD, unless already and criteria for complying with the accomplished. implications to warrant the preparation To prevent failure of the main landing gear RFA. Small entities are defined as small of a Federalism Assessment. businesses and small not-for-profit caused by cracks in the torque link assembly For the reasons discussed above, I area, which could lead to loss of control of organizations that are independently certify that this action (1) is not a the airplane during landing operations, owned and operated or airports ‘‘significant regulatory action’’ under accomplish the following: operated by small governmental Executive Order 12866; (2) is not a (a) Prior to further flight after the effective jurisdictions. A ‘‘substantial number’’ is ‘‘significant rule’’ under DOT date of this AD or within the next 100 hours defined as a number that is not less than Regulatory Policies and Procedures (44 time-in-service (TIS) after the last inspection 11 and that is more than one-third of the required by AD 86–07–02, whichever occurs FR 11034, February 26, 1979); and (3) later, and thereafter at intervals not to exceed small entities subject to a rule, or any will not have a significant economic number of small entities judged to be 100 hours TIS until the installations required impact, positive or negative, on a by paragraph (c) of this AD are accomplished, substantial by the rulemaking official. A substantial number of small entities inspect the junction of the torque link lug ‘‘significant economic impact’’ is under the criteria of the Regulatory and upper case of all main landing gear defined by an annualized net Flexibility Act. A copy of the final (MLG) torque link assemblies for cracks compliance cost, adjusted for inflation, evaluation prepared for this action is (using a 10-power magnifying glass or by dye which is greater than a threshold cost contained in the Rules Docket. A copy penetrant methods). Accomplish these level for defined entity types. inspections in accordance with the of it may be obtained by contacting the ACCOMPLISHMENT INSTRUCTIONS The entities that would be affected by Rules Docket at the location provided this AD are mostly in the portion of section of Fairey Hydraulics Limited Service under the caption ADDRESSES. Bulletin (SB) 32–4, Issue 4, dated January 30, Standard Industrial Classification (SIC) 1990. Pilatus Britten-Norman SB BN–2/ 4512, Operators of Aircraft for Hire, List of Subjects in 14 CFR Part 39 SB.170, Issue 4, November 16, 1990, classified as ‘‘unscheduled.’’ FAA Order Air transportation, Aircraft, Aviation references this service bulletin. 2100.14A sets the size threshold for safety, Incorporation by reference, Note 2: The inspections required by small entities operating aircraft in this Safety. paragraph (a) of this AD were initially a part category at nine or fewer aircraft owned of AD 86–07–02, which applied to the BN2A and the annualized cost thresholds of at Adoption of the Amendment MK. 111 series airplanes as well as the least $4,975 (1996 dollars) for Accordingly, pursuant to the airplanes affected by this AD. The ‘‘prior to unscheduled operators. A four-year life authority delegated to me by the further flight after the effective date of this AD’’ compliance time was the original initial for the torque link assembly and capital Administrator, the Federal Aviation compliance time of AD 86–07–02, and is cost of 15-percent would establish an Administration amends part 39 of the being retained to provide credit and annualized cost of $2,445 (1996 dollars). Federal Aviation Regulations (14 CFR continuity for already-accomplished and This is less than 50-percent of the part 39) as follows: future inspections. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54579

(b) If any cracks are found during any of Issued in Kansas City, Missouri, on Standardization Branch, ANM–113, the inspections required by this AD, prior to October 14, 1997. FAA, Transport Airplane Directorate, further flight, replace the MLG torque link Mary Ellen Schutt, 1601 Lind Avenue, SW., Renton, assembly with a Modification A39 MLG Acting Manager, Small Airplane Directorate, Washington 98055–4056; telephone torque link assembly in accordance with the Aircraft Certification Service. ACCOMPLISHMENT INSTRUCTIONS (425) 227–2141; fax (425) 227–1320. section of Fairey Hydraulics Limited SB No. [FR Doc. 97–27795 Filed 10–20–97; 8:45 am] SUPPLEMENTARY INFORMATION: On 32–4, Issue 4, dated January 30, 1990. BILLING CODE 4910±13±U September 12, 1997, the FAA issued (1) Repetitive inspections are no longer emergency AD 97–19–16, which is required when all MLG torque assemblies are applicable to Fokker Model F28 Mark replaced with Modification A39 MLG torque DEPARTMENT OF TRANSPORTATION 0100 series airplanes equipped with link assemblies. Rolls-Royce (RR) Tay 650–15 engines. (2) Repetitive inspections may no longer be Federal Aviation Administration That action was prompted by a report required on one MLG torque assembly, but still be required on another if all haven’t been 14 CFR Part 39 that during preparation for takeoff, a replaced with a Modification A39 MLG Fokker Model F28 Mark 0100 series torque link assembly. [Docket No. 97±NM±246±AD; Amendment airplane equipped with Rolls-Royce Tay (c) Upon the accumulation of 5,000 hours 39±10169; AD 97±19±16] 650–15 engines sustained an engine fan TIS or within the next 1,000 hours TIS after RIN 2120±AA64 blade failure, followed by an engine fire. the effective date of this AD, whichever Investigation revealed that five fan occurs later, unless already accomplished as Airworthiness Directives; Fokker blades failed at the root area, three fan specified in paragraph (b) of this AD, replace Model F28 Mark 0100 Series Airplanes blades failed at mid-height, and the each MLG torque link assembly with a remainder were severely damaged. Modification A39 MLG torque link assembly AGENCY: Federal Aviation Further investigation revealed that all in accordance with the ACCOMPLISHMENT Administration, DOT. INSTRUCTIONS section of Fairey Hydraulics five fan blades failed due to rapid high ACTION: Final rule; request for Limited SB No. 32–4, Issue 4, dated January cycle fatigue cracking with low cycle 30, 1990. comments. fatigue cracking origin. Evidence of rapid high cycle fatigue cracking (d) The intervals between the repetitive SUMMARY: This document publishes in inspections required by this AD may be the Federal Register an amendment indicates that an operational effect is adjusted up to 10 percent of the specified adopting airworthiness directive (AD) causing high vibratory stresses. Rolls interval to allow accomplishing these actions Royce considers that the high cycle along with other scheduled maintenance on 97–19–16, that was sent previously to all known U.S. owners and operators of fatigue cracking was caused by vibration the airplane. during previous thrust reverser (e) Special flight permits may be issued in Fokker Model F28 Mark 0100 series accordance with sections 21.197 and 21.199 airplanes equipped with Rolls-Royce applications. This condition, if not of the Federal Aviation Regulations (14 CFR Tay 650–15 engines, by individual corrected, could result in uncontained 21.197 and 21.199) to operate the airplane to notices. This AD requires a revision to engine fan blade failure due to high a location where the inspection requirements the FAA-approved Airplane Flight cycle fatigue cracking, which could of this AD can be accomplished. Manual (AFM) to include procedures to result in loss of thrust from the affected (f) An alternative method of compliance or prohibit use of reverse engine thrust engine and secondary damage to aircraft adjustment of the initial or repetitive and/or fire. compliance times that provides an equivalent power settings between idle and level of safety may be approved by the emergency maximum; and submission FAA’s Conclusions Manager, Small Airplane Directorate, 1201 of a report to the airplane manufacturer. This airplane model is manufactured Walnut, suite 900, Kansas City, Missouri This action is prompted by a report that, in the Netherlands and is type 64106. The request should be forwarded during preparation for takeoff, an engine certificated for operation in the United through an appropriate FAA Maintenance fan blade failure occurred, followed by Inspector, who may add comments and then States under the provisions of section an engine fire. The actions specified by 21.29 of the Federal Aviation send it to the Manager, Small Airplane this AD are intended to prevent Directorate. Regulations (14 CFR 21.29) and the uncontained engine fan blade failure applicable bilateral airworthiness Note 3: Information concerning the due to high cycle fatigue cracking, existence of approved alternative methods of agreement. Pursuant to this bilateral which could result in loss of thrust from compliance with this AD, if any, may be airworthiness agreement, the the affected engine and secondary obtained from the Small Airplane Rijksluchtvaartdienst (RLD), which is damage to aircraft and/or fire. Directorate. the airworthiness authority for the (g) The inspections and replacement DATES: Effective October 27, 1997, to all Netherlands, has kept the FAA informed required by this AD shall be done in persons except those persons to whom of the situation described above. The accordance with Fairey Hydraulics Limited it was made immediately effective by Service Bulletin (SB) 32–4, Issue 4, dated FAA has examined the findings of the emergency AD 97–19–16, issued on RLD, reviewed all available information, January 30, 1990. This incorporation by September 12, 1997, which contained reference was approved by the Director of the and determined that AD action is the requirements of this amendment. necessary for products of this type Federal Register in accordance with 5 U.S.C. Comments for inclusion in the Rules 552(a) and 1 CFR part 51. Copies may be design that are certificated for operation obtained from Fairey Hydraulics Limited, Docket must be received on or before in the United States. Claverham, Bristol, England; or Pilatus November 20, 1997. Britten-Norman Limited, Bembridge, Isle of ADDRESSES: Submit comments in Explanation of the Requirements of the Wight, United Kingdom PO35 5PR. Copies triplicate to the Federal Aviation Rule may be inspected at the FAA, Central Region, Administration (FAA), Transport Since the unsafe condition described Office of the Regional Counsel, Room 1558, Airplane Directorate, ANM–103, is likely to exist or develop on other 601 E. 12th Street, Kansas City, Missouri, or Attention: Rules Docket No. 97–NM– at the Office of the Federal Register, 800 airplanes of the same type design North Capitol Street, NW., suite 700, 246–AD, 1601 Lind Avenue, SW., registered in the United States, the FAA Washington, DC. Renton, Washington 98055–4056. issued emergency AD 97–19–16 to (h) This amendment (39–10170) becomes FOR FURTHER INFORMATION CONTACT: Tim require a revision to the FAA-approved effective on November 28, 1997. Dulin, Aerospace Engineer, Airplane Flight Manual (AFM). The 54580 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations revision includes procedures to prohibit concerned with the substance of this AD § 39.13 [Amended] use of reverse engine thrust power will be filed in the Rules Docket. 2. Section 39.13 is amended by settings between idle and emergency Commenters wishing the FAA to adding the following new airworthiness maximum. acknowledge receipt of their comments directive: This AD also requires that operators 97–19–16 Fokker: Amendment 39–10169. submit a report to the airplane submitted in response to this rule must submit a self-addressed, stamped Docket 97–NM–246–AD. manufacturer describing any occurrence Applicability: Model F28 Mark 0100 series where the idle reverse thrust limitations postcard on which the following statement is made: ‘‘Comments to airplanes equipped with Rolls-Royce (RR) specified in this AD are exceeded. Tay 650–15 engines, certificated in any This is considered to be interim Docket Number 97–NM–246–AD.’’ The category. action until final action is identified, at postcard will be date stamped and Note 1: This AD applies to each airplane which time the FAA may consider returned to the commenter. identified in the preceding applicability further rulemaking. Regulatory Impact provision, regardless of whether it has been modified, altered, or repaired in the area Publication and Effectivity of AD The regulations adopted herein will subject to the requirements of this AD. For Since it was found that immediate airplanes that have been modified, altered, or not have substantial direct effects on the corrective action was required, notice repaired so that the performance of the States, on the relationship between the and opportunity for prior public requirements of this AD is affected, the comment thereon were impracticable national government and the States, or owner/operator must request approval for an on the distribution of power and alternative method of compliance in and contrary to the public interest, and accordance with paragraph (c) of this AD. good cause existed to make the AD responsibilities among the various levels of government. Therefore, in The request should include an assessment of effective immediately by individual the effect of the modification, alteration, or notices issued on September 12, 1997, accordance with Executive Order 12612, repair on the unsafe condition addressed by to all known U.S. owners and operators it is determined that this final rule does this AD; and, if the unsafe condition has not of Fokker Model F28 Mark 0100 series not have sufficient federalism been eliminated, the request should include airplanes equipped with Rolls-Royce implications to warrant the preparation specific proposed actions to address it. Tay 650–15 engines. These conditions of a Federalism Assessment. Compliance: Required as indicated, unless still exist, and the AD is hereby accomplished previously. The FAA has determined that this To prevent uncontained failure of the published in the Federal Register as an regulation is an emergency regulation amendment to section 39.13 of the engine fan blades, which could result in loss that must be issued immediately to of thrust from the affected engine, and Federal Aviation Regulations (14 CFR correct an unsafe condition in aircraft, secondary damage to the airplane and/or fire, 39.13) to make it effective as to all and that it is not a ‘‘significant accomplish the following: persons. regulatory action’’ under Executive (a) Within 72 hours after the effective date of this AD, revise the Limitations Section, Comments Invited Order 12866. It has been determined Subsection 2.06.01 ‘‘Thrust Reverser,’’ of the Although this action is in the form of further that this action involves an FAA-approved Airplane Flight Manual a final rule that involves requirements emergency regulation under DOT (AFM) to add the following. This may be affecting flight safety and, thus, was not Regulatory Policies and Procedures (44 accomplished by inserting a copy of this AD preceded by notice and an opportunity FR 11034, February 26, 1979). If it is in the AFM. for public comment, comments are determined that this emergency ‘‘THRUST REVERSER invited on this rule. Interested persons regulation otherwise would be Thrust reversers are intended for ground are invited to comment on this rule by significant under DOT Regulatory use only. Intentional use of reverse thrust in submitting such written data, views, or Policies and Procedures, a final flight is prohibited. After reverse thrust has arguments as they may desire. regulatory evaluation will be prepared been initiated, a full stop landing must be made. Communications shall identify the and placed in the Rules Docket. A copy Rules Docket number and be submitted of it, if filed, may be obtained from the Maximum Reverse Thrust Lever Positions in triplicate to the address specified Rules Docket at the location provided Normal Operation: under the caption ADDRESSES. All under the caption ADDRESSES. —The idle detent position shall not be communications received on or before exceeded in normal operation. the closing date for comments will be List of Subjects in 14 CFR Part 39 Emergency Operation: considered, and this rule may be —In case of emergency, the emergency Air transportation, Aircraft, Aviation amended in light of the comments maximum reverse thrust may be used. received. Factual information that safety, Safety. —Stabilized operation with the reverse lever supports the commenter’s ideas and in an intermediate position between idle Adoption of the Amendment reverse and emergency maximum reverse suggestions is extremely helpful in is prohibited. evaluating the effectiveness of the AD Accordingly, pursuant to the —If directional control problems occur, action and determining whether authority delegated to me by the select forward idle. additional rulemaking action would be Administrator, the Federal Aviation Exceeding the idle reverse thrust limitations needed. Administration amends part 39 of the must be reported.’’ Comments are specifically invited on Federal Aviation Regulations (14 CFR (b) If the idle reverse thrust limitations the overall regulatory, economic, part 39) as follows: specified in paragraph (a) of this AD are environmental, and energy aspects of exceeded, within 10 days after exceeding the the rule that might suggest a need to PART 39ÐAIRWORTHINESS idle reverse thrust limitations, submit a modify the rule. All comments DIRECTIVES report of that occurrence to Fokker Services, submitted will be available, both before Technical Support Department, P. O. Box 75047, 1117 ZN Schiphol Airport, The and after the closing date for comments, 1. The authority citation for part 39 Netherlands. Information collection in the Rules Docket for examination by continues to read as follows: requirements contained in this regulation interested persons. A report that Authority: 49 U.S.C. 106(g), 40113, 44701. have been approved by the Office of summarizes each FAA-public contact Management and Budget (OMB) under the Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54581 provisions of the Paperwork Reduction Act of designed to provide safe and efficient expensive and impractical. Further, 1980 (44 U.S.C. 3501 et seq.) and have been use of the navigable airspace and to airmen do not use the regulatory text of assigned OMB Control Number 2120–0056. promote safe flight operations under the SIAPs, but refer to their graphic (c) An alternative method of compliance or instrument flight rules at the affected depiction on charts printed by adjustment of the compliance time that publishers of aeronautical materials. provides an acceptable level of safety may be airports. used if approved by the Manager, DATES: An effective date for each SIAP Thus, the advantages of incorporation Standardization Branch, ANM–113, FAA, is specified in the amendatory by reference are realized and Transport Airplane Directorate. Operators provisions. publication of the complete description shall submit their requests through an Incorporation by reference—approved of each SIAP contained in FAA form appropriate FAA Principal Maintenance by the Director of the Federal Register documents is unnecessary. The Inspector, who may add comments and then on December 31, 1980, and reapproved provisions of this amendment state the send it to the Manager, Standardization as of January 1, 1982. affected CFR (and FAR) sections, with Branch, ANM–113. ADDRESSES: Availability of matters the types and effective dates of the Note 2: Information concerning the incorporated by references in the SIAPS. This amendment also identifies existence of approved alternative methods of the airport, its location, the procedure compliance with this AD, if any, may be amendment is as follows: For Examination—1. FAA Rules identification and the amendment obtained from the Standardization Branch, number. ANM–113. Docket, FAA Headquarters Building, (d) Special flight permits may be issued in 800 Independence Avenue, SW., The Rule accordance with sections 21.197 and 21.199 Washington, DC 20591; This amendment to part 97 is effective 2. The FAA Regional Office of the of the Federal Aviation Regulations (14 CFR upon publication of each separate SIAP 21.197 and 21.199) to operate the airplane to region in which the affected airport is as contained in the transmittal. Some a location where the requirements of this AD located; or SIAP amendments may have been can be accomplished. 3. The Flight Inspection Area Office previously issued by the FAA in a Note 3: The subject of this AD is addressed which originated the SIAP. National Flight Data Center (FDC) in Netherlands airworthiness directive BLA For Purchase—Individual SIAP Notice to Airmen (NOTAM) as an 1997–091(A), dated September 9, 1997. copies may be obtained from: (e) This amendment becomes effective on 1. FAA Public Inquiry Center (APA– emergency action of immediate flight October 27, 1997, to all persons except those 200), FAA Headquarters Building, 800 safety relating directly to published aeronautical charts. The circumstances persons to whom it was made immediately Independence Avenue, SW., which created the need for some SIAP effective by emergency AD 97–19–16, issued Washington, DC 20591; or on September 12, 1997, which contained the 2. The FAA Regional Office of the amendments may require making them requirements of this amendment. region in which the affected airport is effective in less than 30 days. For the Issued in Renton, Washington, on October remaining SIAPs, an effective date at located. 15, 1997. By Subscription—Copies of all SIAPs, least 30 days after publication is James V. Devany, mailed once every 2 weeks, are for sale provided. Further, the SIAPs contained in this Acting Manager, Transport Airplane by the Superintendent of Documents, amendment are based on the criteria Directorate, Aircraft Certification Service. U.S. Government Printing Office, contained in the U.S. Standard for [FR Doc. 97–27787 Filed 10–20–97; 8:45 am] Washington, DC 20402. BILLING CODE 4910±13±U Terminal Instrument Approach FOR FURTHER INFORMATION CONTACT: Paul Procedures (TERPS). In developing J. Best, Flight Procedures Standards these SIAPs, the TERPS criteria were DEPARTMENT OF TRANSPORTATION Branch (AFS–420), Technical Programs applied to the conditions existing or Division, Flight Standards Service, anticipated at the affected airports. Federal Aviation Administration Federal Aviation Administration, 800 Because of the close and immediate Independence Avenue, SW., relationship between these SIAPs and 14 CFR Part 97 Washington, DC 20591; telephone (202) safety in air commerce, I find that notice 267–8277. [Docket No. 28968; Amdt. No. 1808] and public procedure before adopting SUPPLEMENTARY INFORMATION: This these SIAPs are impracticable and RIN 2120±AA65 amendment to part 97 of the Federal contrary to the public interest and, Aviation Regulations (14 CFR part 97) where applicable, that good cause exists Standard Instrument Approach establishes, amends, suspends, or for making some SIAPs effective in less Procedures; Miscellaneous revokes Standard Instrument Approach than 30 days. Amendments Procedures (SIAPs). The complete The FAA has determined that this AGENCY: Federal Aviation regulatory description of each SIAP is regulation only involves an established Administration (FAA), DOT. contained in official FAA form body of technical regulations for which ACTION: Final rule. documents which are incorporated by frequent and routine amendments are reference in this amendment under 5 necessary to keep them operationally SUMMARY: This amendment establishes, U.S.C. 552(a), 1 CFR part 51, and § 97.20 current. It, therefore—(1) is not a amends, suspends, or revokes Standard of the Federal Aviation Regulations ‘‘significant regulatory action’’ under Instrument Approach Procedures (FAR). The applicable FAA Forms are Executive Order 12866; (2) is not a (SIAPs) for operations at certain identified as FAA Forms 8260–3, 8260– ‘‘significant rule’’ under DOT airports. These regulatory actions are 4, and 8260–5. Materials incorporated Regulatory Policies and Procedures (44 needed because of the adoption of new by reference are available for FR 11034; February 26, 1979); and (3) or revised criteria, or because of changes examination or purchase as stated does not warrant preparation of a occurring in the National Airspace above. regulatory evaluation as the anticipated System, such as the commissioning of The large number of SIAPs, their impact is so minimal. For the same new navigational facilities, addition of complex nature, and the need for a reason, the FAA certifies that this new obstacles, or changes in air traffic special format make their verbatim amendment will not have a significant requirements. These changes are publication in the Federal Register economic impact on a substantial 54582 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations number of small entities under the Montrose, CO, Montrose Regional, GPS RWY Weno Island, States of Micronesia, Chuuk criteria of the Regulatory Flexibility Act. 17, Orig International, GPS RWY 4, Orig Montrose, CO, Montrose Regional, GPS RWY Weno Island, States of Micronesia, Chuuk List of Subjects in 14 CFR Part 97 35, Orig International, GPS RWY 22, Orig Air Traffic Control, Airports, Deland, FL, Deland Muni-Sidney H Taylor Yap Island, States of Micronesia, Yap Field, VOR or GPS RWY 23, Amdt 2 Navigation (air). International, GPS RWY 7, Orig West Palm Beach, FL, Palm Beach Intl, LOC Yap Island, States of Micronesia, Yap Issued in Washington, DC on July 11, 1997. BC RWY 27R, Amdt 12A, CANCELLED International, GPS RWY 25, Orig Thomas E. Stuckey, Agana, Guam, Guam International, GPS RWY 6L, Orig [FR Doc. 97–27743 Filed 10–20–97; 8:45 am] Acting Director, Flight Standards Service. Agana, Guam, Guam International, GPS RWY BILLING CODE 4910±13±M Adoption of the Amendment 24R, Orig Houlton, ME, Houlton Intl, VOR RWY 5, Accordingly, pursuant to the Amdt 10 authority delegated to me, part 97 of the Des Moines, IA, Des Moines Intl, RADAR-1, NATIONAL ARCHIVES AND RECORDS Federal Aviation Regulations (14 CFR Amdt 17, CANCELLED ADMINISTRATION part 97) is amended by establishing, Majuro Atoll, Marshall Islands, Marshall amending, suspending, or revoking Islands Intl, GPS RWY 7, Orig 36 CFR Parts 1228 and 1234 Standard Instrument Approach Majuro Atoll, Marshall Islands, Marshall Islands Intl, GPS RWY 25, Orig RIN 3095±AA70 Procedures, effective at 0901 UTC on Sand Island, Midway Islands, Midway Atoll- the dates specified, as follows: Henderson Field, GPS RWY 6, Orig Transfer of Electronic Records to the Sand Island, Midway Islands, Midway Atoll- National Archives PART 97ÐSTANDARD INSTRUMENT Henderson Field, GPS RWY 24, Orig APPROACH PROCEDURES Minneapolis, MN, Minneapolis-St. Paul Intl/ AGENCY: National Archives and Records Wold-Chamberlain, NDB or GPS RWY 30L, Administration (NARA). 1. The authority citation for part 97 is Amdt 24 ACTION: Final rule. revised to read as follows: Minneapolis, MN, Minneapolis-St. Paul Intl/ Authority: 49 U.S.C. 106(g), 40103, 40113, Wold-Chamberlain, NDB or GPS RWY 30R, SUMMARY: This rule revises NARA 40120, 44701; and 14 CFR 11.49(b)(2). Amdt 12 regulations relating to the transfer of Minneapolis, MN, Minneapolis-St. Paul Intl/ 2. Part 97 is amended to read as permanent electronic records to the Wold-Chamberlain, ILS RWY 4, Amdt 26 National Archives of the United States. follows: Minneapolis, MN, Minneapolis-St. Paul Intl/ Wold-Chamberlain, ILS RWY 22, Amdt 5 The rule clarifies the timing of transfers §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Minneapolis, MN, Minneapolis-St. Paul Intl/ and expands the forms of acceptable 97.35 [Amended] Wold-Chamberlain, ILS RWY 12L, Amdt 4 transfer media. The rule affects Federal By amending: § 97.23 VOR, VOR/ Minneapolis, MN, Minneapolis-St. Paul Intl/ agencies. DME, VOR or TACAN, and VOR/DME Wold-Chamberlain, ILS RWY 30R, Amdt 8 DATES: Effective November 20, 1997. or TACAN; § 97.25 LOC, LOC/DME, Minneapolis, MN, Minneapolis-St. Paul Intl/ The incorporation by reference of LDA, LDA/DME, SDF, SDF/DME; Wold-Chamberlain, ILS RWY 12R, Amdt 6 Minneapolis, MN, Minneapolis-St. Paul Intl/ certain publications listed in the rule is § 97.27 NDB, NDB/DME; § 97.29 ILS, approved by the Director of the Federal ILS/DME, ISMLS, MLS, MSL/DME, Wold-Chamberlain, ILS RWY 30L, Amdt 42 Register as of November 20, 1997. MLS/RNAV; § 97.31 RADAR SIAPs; Rochester, NY, Greater Rochester Intl, FOR FURTHER INFORMATION CONTACT: § 97.33 RNAV SIAPs; and § 97.35 RADAR 1, Amdt 14, CANCELLED Thomas E. Brown at 301–713–6630. COPTER SIAPs, identified as follows: Rota Island, North Mariana Islands, Rota Intl, GPS RWY 9, Orig SUPPLEMENTARY INFORMATION: NARA ** * Effective August 14, 1997 Rota Island, North Mariana Islands, Rota Intl, published a notice of proposed Champaign-Urbana, IL, University of Illinois- GPS RWY 27, Orig rulemaking on July 29, 1996 (61 FR Willard, VOR RWY 18, Orig Saipan Island, North Mariana Islands, Saipan 39373) for a 60-day comment period. Champaign-Urbana, IL, University of Illinois- Intl, GPS RWY 7, Orig Comments were received from four Willard, GPS RWY 18, Orig Saipan Island, North Mariana Islands, Saipan agencies. Champaign-Urbana, IL, University of Illinois- Intl, GPS RWY 25, Orig One agency expressed concern that Willard, GPS RWY 36, Orig Tinian Island, North Mariana Islands, West Kendallville, IN, Kendallville Muni, VOR or Tinian, GPS RWY 8, Orig the regulation does not change the GPS–A, Amdt 6, CANCELLED Tinian Island, North Mariana Islands, West requirement that records be transferred Kendallville, IN, Kendallville Muni, VOR/ Tinian, GPS RWY 26, Orig in either ASCII (American National DME–A, Orig John Day, OR, John Day State, GPS RWY 9, Standard Code for Information La Porte, IN, La Porte Muni, VOR or GPS– Orig Interchange) or EBCDIC (Extended A, Amdt 6 Babelthuap Island, Palau, Babelthuap/Koror, binary-coded decimal interchange La Porte, IN, La Porte Muni, LOC RWY 2, GPS RWY 9, Orig code). While the regulation expands the Orig Babelthuap Island, Palau, Babelthuap/Koror, media which NARA will accept, we are La Porte, IN, La Porte Muni, VOR/DME GPS RWY 27, Orig unwilling at this time to expand the RNAV or GPS RWY 20, Amdt 5 Charleston, SC, Charleston AFB/Intl, VOR/ Fort Worth, TX, Fort Worth Alliance, ILS DME or TACAN or GPS RWY 3, Amdt 13 coding formats for transfer beyond RWY 16L, Amdt 3 Charleston, SC, Charleston AFB/Intl, VOR/ ASCII or EBCDIC. However NARA Houston, TX, William P. Hobby, VOR/DME DME or TACAN or GPS RWY 21, Amdt 13 continues to explore additional formats RWY 17, Amdt 1 Laurens, SC, Laurens County, GPS RWY 8, which will meet our long-term Orig ** * Effective September 11, 1997 preservation and access needs. To Kosrae Island, States of Micronesia, Kosrae, ensure the ability to access the records Burbank, CA, Burbank-Glendale-Pasadena, GPS RWY 5, Orig over time, the archival format is ASCII GPS–A, Orig Kosrae Island, States of Micronesia, Kosrae, or EBCDIC. Conversion to these formats Upland, CA, Cable, GPS RWY 6, Orig GPS RWY 23, Orig Victorville, CA, Southern California Pohnpei Island, States of Micronesia, is easier while the records are in their International, GPS RWY 17, Orig Pohnpei Intl, GPS RWY 9, Orig creating systems rather than outside of Montrose, CO, Montrose Regional, GPS RWY Pohnpei Island, States of Micronesia, the creating systems after transfer. 13, Orig Pohnpei Intl, GPS RWY 27, Orig Therefore, we have not modified the Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54583 requirement for data to be in ASCII or One comment objected that NARA continue to monitor the status of EBCDIC format when being transferred permits but does not require agencies to standardization of WORM technology. to NARA. submit textual documents including One comment objected that export of One comment stated that NARA formatting codes, because such codes tables from a relational database to flat should accept relational database files may carry essential structural files is expensive because it requires with embedded control characters information. NARA agrees with this application programming. Most records associated with a particular database comment. Section 1228.188(d)(2) of the schedules for permanent databases management system. Such a format regulation adds an option for require periodic transfers, but special would be proprietary and dependent on transferring electronic documents that programming would only have to be a particular software product. Following contain formatting codes. At this time, done once, if at all. Special the transfer to NARA, it would be only SGML formats can be preserved programming is not necessary in many problematic as to whether the records permanently. NARA will explore other cases because the files could be would be accessible. Rather the new possibilities to preserve structure and exported using any of a variety of off- regulation calls for the export of tables format of electronic documents. We the-shelf tools for data extraction. from a relational data base as software have not changed the regulation in Export costs can also be minimized by independent files. The transfer format response to this comment. including migration in the design of is, in fact, the logical format used in a One comment stated that the those databases that contain permanent relational database. Hence the regulations encourage the use of CD– records. regulation outlines the procedure ROMs for the storage of electronic One comment thought that NARA through which NARA will accept records. It went on to conclude that the should accept imaged documents on records from relational databases but proposed regulation may cause WORM media. This raises two issues: (1) acceptance of image formats, and (2) free of the proprietary control characters technical personnel to argue that CD– acceptance of WORM media. Currently, which would limit access. ROM is an appropriate storage media. One comment recommended that with the exception of the CCITT format 36 CFR 1228.188 concerns the use of NARA should investigate adding to the for digital facsimile (FAX) CD–ROMs for the transfer of records to list of acceptable media CD–ROMs that transmissions, ANSI and ISO standards the NARA. It does not address the use meet ISO standard 13346. As a result of do not exist for any image format or for of any media for the storage of records. this comment, NARA technical staff has any WORM disk. Consequently the The selection of storage media for begun investigating this standard to acceptance of image documents on electronic records is addressed in 36 determine whether NARA can process WORM media would result in the CFR 1234.30. An agency may store records from a CD–ROM recorded in archival records being stored in a records on any media but must be able this format. If this investigation proves proprietary format dependant on a successful, NARA will further amend to migrate permanent records to media proprietary retrieval system. The result the CFR. acceptable for transfer to the National would be either the loss of information One agency stated that NARA must Archives. To clarify the scope of the as a result of technological obsolescence not permit public access to non- regulation, we have modified or extremely expensive preservation permanent software on a CD–ROM § 1228.188(c) to state: ‘‘This section costs to migrate the images and storage unless (1) NARA has appropriate covers the transfer of permanent records media to new technologies. permission to use and the public has to the National Archives; it does not In § 1228.188(c)(2)(i), we have permission to reproduce the software apply to the use and storage of records provided more complete identification and (2) the software is necessary to in agency custody. See 36 CFR 1234.30 of the cited industry standard for CD– access permanent records. We agree that for the requirements governing the ROMs that is incorporated by reference. the public should not be allowed to selection of electronic records storage In § 1228.188(d)(3), we have provided reproduce copyrighted software without media.’’ We are also clarifying 36 CFR more complete identification of the permission. NARA will establish 1234.30 to reinforce this distinction cited standard for digital spatial data internal controls for managing the between storage and transfer media. files and its ordering source. research complex to prevent One comment noted that a distinction We recognize the concerns that this unauthorized reproduction of CD–ROMs exists between storing records and regulation is narrow in scope and does which contain copyrighted software. disseminating information. Specifically, not fully address the needs of Federal However, section 109 of the Copyright the comment stated that WORM (Write agencies for NARA guidance in an Act of 1976 outlined the ‘‘first sale Once—Read Many Times) technology increasingly electronic environment. doctrine.’’ This provision allows should be used to store records, and Impressive developments in technology NARA’s researchers to use copyrighted CD–ROM technology should be used to for creating records have not been software in the NARA research complex disseminate information. NARA agrees matched by technological developments for access to records on a CD–ROM. that there is a difference between the for managing them. Because of these One comment stated that NARA storage of records and the dissemination constraints, NARA has taken a should not provide access to temporary of records. Since dissemination of conservative approach in this regulation files. This comment led us to reconsider information can include the transfer of to ensure that the electronic records we the proposed use of CD–ROMs in records to the National Archives, the accession today are usable 25 and 50 NARA’s research complex, and we comment endorses our proposed change years from now when current software, concluded that we will not provide in the regulations. This change in the hardware, and media are no longer access to temporary records. If an regulation does not cover the storage of available. NARA is working to expand agency transfers both permanent and records. See 36 CFR 1234.28 for the our capabilities to handle electronic temporary records on a CD–ROM, requirements governing the selection of formats and media that Federal agencies NARA will copy only the permanent electronic records storage media. This are using today. We are developing a records and return the CD–ROM to the latter regulation does not dictate storage successor to NARA’s Archival agency or destroy it. In this final rule, media for the records while in agency Preservation System (APS) for electronic we have amended 36 CFR use; the regulation makes clear that it is records, and in FY 1999, we will 1228.188(c)(2)(ii) to reflect this policy. an agency option. NARA will, however, increase APS processing capacity to 54584 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

50,000 files per year. NARA plans to agency custody. See 36 CFR 1234.30 for Information Standards Organization develop the capability for preserving the requirements governing the (NISO), P.O. Box 1056, Bethesda, MD or document image files in FY 2000, selection of electronic records storage the American National Standards textual electronic records by FY 2001, media. The agency shall use only media Institute, 11 West 42nd Street, 13th and raster and vector files by FY 2002. that is sound and free from defects for floor, New York NY 10036. It is also We will seek the involvement and such transfers; the agency shall choose available for inspection at the Office of assistance of agencies in this effort. reasonable steps to meet this the Federal Register, 800 North Capitol This rule is a significant regulatory requirement. The media forms that are Street, NW., Suite 700, Washington, action for the purposes of Executive approved for transfer are open reel D.C. This incorporation by reference Order 12866, and has been reviewed by magnetic tape, magnetic tape cartridge, was approved by the Director of the OMB. As required by the Regulatory and Compact-Disk, Read Only Memory Federal Register in accordance with 5 Flexibility Act, it is hereby certified that (CD–ROM), as described in paragraphs U.S.C. 552(a) and 1 CFR part 51. These this rule will not have a significant (c) (1) and (2) of this section. materials are incorporated by reference impact on small entities. This rule is not (1) Magnetic tape. Agencies may as they exist on the date of approval and a major rule as defined in 5 U.S.C. transfer electronic records to the a notice of any change in these materials Chapter 8, Congressional Review of National Archives on magnetic tape will be published in the Federal Agency Rulemaking. using either open-reel magnetic tape or Register. tape cartridges. Open-reel magnetic tape (ii) Permanently valuable electronic List of Subjects in 36 CFR Parts 1228 shall be on 1⁄2 inch 9-track tape reels records must be stored in discrete files. and 1234 recorded at 1600 or 6250 bpi that meet The CD–ROMs transferred may contain Archives and records, Computer ANSI X3.39–1986, American National other files, such as software or technology, Incorporation by reference. Standard: Recorded Magnetic Tape for temporary records, but all permanently For the reasons set forth in the Information Interchange (1600 CPI, PE) valuable records must be in files that preamble, Chapter XII of title 36, Code or ANSI X3.54–1986, American contain only permanent records. of Federal Regulations, is amended as National Standard: Recorded Magnetic Agencies should indicate at the time of follows: Tape for Information Interchange (6250 transfer if a CD–ROM contains CPI, Group Coded Recording), temporary records and, if so, where PART 1228ÐDISPOSITION OF respectively. Tape cartridges shall be those records are located on the CD– FEDERAL RECORDS 18-track 3480-class cartridges recorded ROM. The agency must also specify 1. The authority citation for part 1228 at 37,871 bpi that meet ANSI X3.180– whether NARA should return the CD– continues to read: 1990, American National Standard: ROM to the agency or dispose of it after Magnetic Tape and Cartridge for copying the permanent records to an Authority: 44 U.S.C. chs. 21, 29, and 33. Information Interchange—18-Track, archival medium. 2. Section 1228.188 is revised to read Parallel, 1⁄2 inch (12.65 mm), 37871 cpi (iii) In some cases, permanently as follows: (1491 cpmm), Group-Coded— valuable electronic records that an Requirements for Recording. The data agency disseminates on CD–ROM exist § 1228.188 Electronic records. shall be blocked at no more than 32,760 on other media, such as magnetic tape. (a) Timing of transfers. Each agency is bytes per block. The standards cited in In such cases, the agency and NARA responsible for the integrity of the this paragraph are available from the will mutually agree on the most records it transfers to the National American National Standards Institute, appropriate medium for transfer of the Archives. To ensure that permanently (ANSI), Inc., 11 West 42nd Street, New records to the National Archives. valuable electronic records are York, NY 10036. They are also available (d) Formats. The agency may not preserved, each Federal agency shall for inspection at the Office of the transfer to the National Archives transfer electronic records to NARA Federal Register, 800 North Capitol electronic records that are in a format promptly in accordance with the Street, NW., Suite 700, Washington, dependent on specific hardware and/or agency’s records disposition schedule. D.C. This incorporation by reference software. The records shall be written in Furthermore, if the agency cannot was approved by the Director of the ASCII or EBCDIC with all control provide proper care and handling of the Federal Register in accordance with 5 characters and other non-data characters media (see part 1234 of this chapter), or U.S.C. 552(a) and 1 CFR part 51. These removed (except as specified in if the media are becoming obsolete and materials are incorporated by reference paragraphs (d) (1), (2), and (3) of this the agency cannot migrate the records to as they exist on the date of approval and section). The records must not be newer media, the agency shall contact a notice of any change in these materials compressed unless NARA has approved NARA to arrange for timely transfer of will be published in the Federal the transfer in the compressed form in permanently valuable electronic Register. advance. In such cases, NARA may records, even when sooner than (2) Compact-Disk, Read Only Memory require the agency to provide the provided in the records schedule. (CD–ROM). Agencies may use CD– software to decompress the records. (b) Temporary retention of copy. Each ROMs to transfer electronic records (1) Data files and databases. Data files agency shall retain a second copy of any scheduled to be preserved in the and databases shall be transferred to the permanently valuable electronic records National Archives. The files on such a National Archives as flat files or as that it transfers to the National Archives CD–ROM must comply with the format rectangular tables; i.e., as two- until it receives official notification and documentation requirements dimensional arrays, lists, or tables. All from NARA that the transfer was specified in paragraphs (d) and (e) of ‘‘records’’ (within the context of the successful and that NARA has assumed this section. computer program, as opposed to a responsibility for continuing (i) CD–ROMs used for this purpose Federal record) or ‘‘tuples,’’ i.e., ordered preservation of the records. must conform to ANSI/NISO/ISO 9660– collections of data items, within a file or (c) Transfer media. This paragraph 1990, American National Standard for table should have the same logical covers the transfer of permanent records Volume and File Structure of CD–ROM format. Each data element within a to the National Archives; it does not for Information Exchange. The standard record should contain only one data apply to the use or storage of records in is available from the National value. A record should not contain Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54585 nested repeating groups of data items. (e) Documentation. Documentation ENVIRONMENTAL PROTECTION The file should not contain extraneous adequate to identify, service and AGENCY control characters, except record length interpret electronic records that have indicators for variable length records, or been designated for preservation by 40 CFR Part 52 marks delimiting a data element, field, NARA shall be transferred with the [VA079±5020a; FRL±5909±9] record, or file. If records or data records. This documentation shall elements in different files need to be include completed NARA Form 14097, Approval and Promulgation of Air linked or combined, then each record Technical Description for Transfer of Quality Implementation Plans; must contain one or more data elements Electronic Records, and a completed VirginiaÐGeneral Conformity Rule that constitute primary and/or foreign NARA Form 14028, Information System keys enabling valid linkages between Description Form, or their equivalents. AGENCY: Environmental Protection the related records in separate files. Where possible, agencies should submit Agency (EPA). (2) Textual documents. Electronic required documentation in an electronic ACTION: Direct final rule. textual documents shall be transferred form that conforms to the provisions of SUMMARY: as plain ASCII files; however, such files this section. EPA is approving a State may contain Standard Generalized (1) Data files. Documentation for data Implementation Plan (SIP) revision Markup Language (SGML) tags. files and data bases must include record submitted by the Commonwealth of (3) Digital spatial data files. Digital layouts, data element definitions, and Virginia. This revision consists of spatial data files shall be transferred to code translation tables (codebooks) for Virginia’s regulation for General NARA in accordance with the Spatial coded data. Data element definitions, Conformity which sets forth policy, Data Transfer Standard (SDTS) as codes used to represent data values and criteria, and procedures for defined in the Federal Information interpretations of these codes must demonstrating and assuring conformity Processing Standard 173–1 (June 10, match the actual format and codes as of non-transportation related federal 1994) which is incorporated by transferred. projects to all applicable reference. Digital geospatial data files (2) Digital spatial data files. Digital implementation plans. The intended created on systems procured prior to spatial data files shall include the effect of this action is to approve February 1994 which do not have a documentation specified in paragraph Virginia’s General Conformity Rule as a SDTS capability are exempt from this (e)(1) of this section. In addition, SIP revision. requirement. Agencies should consult documentation for digital spatial data DATES: This action is effective December with NARA for guidance on transferring files may include metadata that 22, 1997 unless notice is received on or noncompliant digital geospatial data conforms to the Federal Geographic before November 20, 1997 that adverse files created between February 1, 1994 Data Committee’s Content Standards for or critical comments will be submitted. and the effective date of this paragraph. Digital Geospatial Metadata, as specified If the effective date is delayed, timely The standard cited in this paragraph is in Executive Order 12906 of April 11, notice will be published in the Federal available from the National Technical 1994 (3 CFR, 1995 Comp., p. 882). Register. Information Service, Department of (3) Documents containing SGML tags. ADDRESSES: Comments may be mailed to Commerce, Springfield, VA 22161. Documentation for electronic files David L. Arnold, Chief, Ozone/CO & When ordering, cite FIPSPUB173–1, containing textual documents with Mobile Sources Section, Mailcode Spacial Data Transfer Standard (SDTS). SGML tags shall include a table for 3AT21, U.S. Environmental Protection This standard is also available for interpreting the SGML tags, when Agency, Region III, 841 Chestnut inspection at the Office of the Federal appropriate. Building, Philadelphia, Pennsylvania Register, 800 North Capitol Street, NW., 19107. Copies of the documents relevant Suite 700, Washington, D.C. This PART 1234ÐELECTRONIC RECORDS to this action are available for public incorporation by reference was MANAGEMENT inspection during normal business approved by the Director of the Federal hours at the Air, Radiation, and Toxics Register in accordance with 5 U.S.C. 3. The authority citation for part 1234 Division, U.S. Environmental Protection 552(a) and 1 CFR part 51. These continues to read: Agency, Region III, 841 Chestnut materials are incorporated by reference Authority: 44 U.S.C. 2904, 3101, and 3105 Building, Philadelphia, Pennsylvania as they exist on the date of approval and 19107; the Air and Radiation Docket a notice of any change in these materials 4. In § 1234.30, paragraph (a)(4) is and Information Center, Environmental will be published in the Federal revised to read: Protection Agency, 401 M. Street, S.W., Register. § 1234.30 Selection and maintenance of (4) Other categories of electronic Washington, D.C. 20460; and the electronic records storage media. Virginia Department of Environmental records. Agencies should identify any (a) * * * foreseeable problems in the possible Quality, 629 East Main Street, (4) If the media contains permanent Richmond, Virginia 23219. transfer of potentially permanent records and does not meet the electronic records in accordance with FOR FURTHER INFORMATION CONTACT: Rose requirements for transferring permanent Quinto, (215) 566–2182, at the EPA paragraphs (d) (1), (2), and (3) of this records to NARA as outlined in section at the time the records are Region III office or via e-mail at § 1228.188 of this chapter, permit the [email protected]. While scheduled. Special transfer migration of the permanent records at requirements agreed upon by NARA and information may be requested via e- the time of transfer to a medium which mail, comments must be submitted in the agency shall be included in the does meet the requirements. disposition instructions. writing to the above Region III address. (5) NARA consultation. The agency * * * * * SUPPLEMENTARY INFORMATION: On shall consult with NARA for guidance Dated: October 15, 1997. January 27, 1997, the Virginia on the transfer of types of electronic John W. Carlin, Department of Environmental Quality records other than those prescribed in Archivist of the United States. (DEQ) submitted a formal revision to its paragraphs (d) (1), (2), and (3) of this [FR Doc. 97–27822 Filed 10–20–97; 8:45 am] State Implementation Plan (SIP) to EPA section. BILLING CODE 7515±01±P for the purpose of meeting the 54586 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations requirements of 40 CFR 51.851, State the EPA’s evaluation of Virginia enterprises, and government entities Implementation Plans, found under 40 Regulation 9 VAC 5 Chapter 160. with jurisdiction over populations of CFR 51, subpart W, Determining Interested parties may obtain a copy of less than 50,000. Conformity of General Actions to State the TSD by contacting the EPA Regional SIP approvals under section 110 and and Federal Implementation Plans. Part Office listed in the ADDRESSES section of subchapter I, part D of the CAA do not 51, subpart W is commonly referred to this document. create any new requirements but simply as the federal General Conformity Rule. EPA is approving this SIP revision approve requirements that the State is The DEQ submittal, which is the subject without prior proposal because the already imposing. Therefore, because of this approval action, is Regulation 9 Agency views this as a noncontroversial the Federal SIP approval does not VAC 5 Chapter 160—Regulation for amendment and anticipates no adverse impose any new requirements, the General Conformity. The comments. However, in a separate Administrator certifies that it does not Commonwealth of Virginia adopted a document in this Federal Register have a significant impact on any small rule by the State Air Pollution Control publication, EPA is proposing to entities affected. Moreover, due to the Board on August 13, 1996 in accordance approve the SIP revision should adverse nature of the Federal-State relationship with the requirements of § 10.1–1308 of and critical comments be filed. This under the CAA, preparation of a the Virginia Air Pollution Control Law action will be effective December 22, flexibility analysis would constitute and 40 CFR Part 51, with an effective 1997 unless, by November 20, 1997, Federal inquiry into the economic date of January 1, 1997. This action to adverse or critical comments are reasonableness of state action. The CAA approve Virginia’s General Conformity received. If EPA receives such forbids EPA to base its actions regulation as a SIP revision is being comments, this action will be concerning SIPs on such grounds. taken under section 110 of the Clean Air withdrawn before the effective date by Union Electric Co. v. U.S. EPA, 427 U.S. Act (CAA). publishing a subsequent document that 246, 255–66 (1976); 42 U.S.C. 7410(a)(2). Summary of SIP Revision will withdraw the final action. All public comments received will then be C. Unfunded Mandates Virginia Regulation 9 VAC 5 Chapter addressed in a subsequent final rule Under section 202 of the Unfunded 160, Regulation for General Conformity, based on this action serving as a Mandates Reform Act of 1995 establishes standards and procedures to proposed rule. EPA will not institute a (‘‘Unfunded Mandates Act’’), signed follow when evaluating conformity of second comment period on this action. into law on March 22, 1995, EPA must non-transportation related federal Any parties interested in commenting prepare a budgetary impact statement to projects to all applicable on this action should do so at this time. accompany any proposed or final rule implementation plans developed If no such comments are received, the that includes a federal mandate that pursuant to section 110 and part D of public is advised that this action will be may result in estimated costs to state, the CAA. effective on December 22, 1997. At 40 CFR part 51, subpart W, EPA local, or tribal governments in the promulgated the federal rule for General Final Action aggregate; or to the private sector, of Conformity to implement section 176(c) EPA is approving the final SIP $100 million or more. Under section of the CAA. This rule sets forth policy, revision of Virginia Regulation 9 VAC 5 205, EPA must select the most cost- criteria, and procedures for Chapter 160, Regulation for General effective and least burdensome demonstrating and assuring conformity Conformity, submitted by the alternative that achieves the objectives of federal actions to all applicable Commonwealth of Virginia on January of the rule and is consistent with implementation plans developed 27, 1997, effective January 1, 1997. statutory requirements. Section 203 pursuant to section 110 and part D of Nothing in this action should be requires EPA to establish a plan for the CAA. The rule generally applies to construed as permitting or allowing or informing and advising any small federal actions except: establishing a precedent for any future governments that may be significantly (1) Those required under the request for revision to any SIP. Each or uniquely impacted by the rule. transportation conformity rule (40 CFR EPA has determined that the approval request for revision to the SIP shall be part 93, subpart A); action promulgated does not include a considered separately in light of specific (2) Actions with associated emissions Federal mandate that may result in technical, economic, and environmental below specified de minimis levels; and estimated costs of $100 million or more factors and in relation to relevant (3) Certain other actions which are to either state, local, or tribal statutory and regulatory requirements. exempt or presumed to conform to governments in the aggregate, or to the applicable air quality implementation Administrative Requirements private sector. This Federal action plans. approves pre-existing requirements A. Executive Order 12866 At 40 CFR 51.851, State under state or local law, and imposes no Implementation Plans, EPA The Office of Management and Budget new requirements. Accordingly, no promulgated the requirements that must (OMB) has exempted this action from additional costs to state, local, or tribal be adopted by the state and submitted review under Executive Order 12866. governments, or to the private sector, as a SIP revision to implement the result from this action. General Conformity provisions. The B. Regulatory Flexibility Act provisions adopted by the Under the Regulatory Flexibility Act, D. Submission to Congress and the Commonwealth of Virginia for General 5 U.S.C. 600 et seq., EPA must prepare General Accounting Office Conformity are those contained in and a regulatory flexibility analysis Under 5 U.S.C. 801(a)(1)(A) as added required by the federal rule. EPA has assessing the impact of any proposed or by the Small Business Regulatory reviewed Virginia Regulation 9 VAC 5 final rule on small entities. 5 U.S.C. 603 Enforcement Fairness Act of 1996, EPA Chapter 160, Regulation for General and 604. Alternatively, EPA may certify submitted a report containing this rule Conformity, and has determined that it that the rule will not have a significant and other required information to the satisfies the requirements of 40 CFR impact on a substantial number of small U.S. Senate, the U.S. House of 51.851. A Technical Support Document entities. Small entities include small Representatives and the Comptroller (TSD) has been prepared which details businesses, small not-for-profit General of the General Accounting Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54587

Office prior to the publication of the pertaining to Regulation 9 VAC 5 FOR FURTHER INFORMATION CONTACT: rule of today’s Federal Register. This Chapter 160. Mark Brucker, Air Planning Office, AIR– rule is not a ‘‘major rule’’ as defined by [FR Doc. 97–27846 Filed 10–20–97; 8:45 am] 2, Air Division, U.S. Environmental 5 U.S.C. 804(2). Protection Agency, Region IX, 75 BILLING CODE 6560±50±P Hawthorne Street, San Francisco, CA E. Petitions for Judicial Review 94105, Telephone: 415–744–1231, Under section 307(b)(1) of the CAA, ENVIRONMENTAL PROTECTION [email protected]. petitions for judicial review of this AGENCY SUPPLEMENTARY INFORMATION: action to approve revisions to the Virginia SIP must be filed in the United 40 CFR Part 52 I. Applicability States Court of Appeals for the The rules being approved into the appropriate circuit by December 22, [CA 193±054; FRL±5907±9] California SIP include: BAAQMD, ‘‘The 1997. Filing a petition for San Francisco Bay Area Transportation reconsideration by the Administrator of Approval and Promulgation of Air Quality Conformity Procedures,’’ this rule does not affect the finality of Implementation Plans; California State which include sections 93.100–93.104 this rule for the purposes of judicial Implementation Plan Revision, Bay and sections 93.106–93.136 and ‘‘The review nor does it extend the time Area Air Quality Management District San Francisco Bay Area Transportation within which a petition for judicial Air Quality Conformity Interagency review may be filed, and shall not AGENCY: Environmental Protection Consultation Procedures’’. These rules postpone the effectiveness of such a rule Agency (EPA). were submitted by the California Air or action. This action pertaining to the ACTION: Direct final rule. Resources Board to EPA on December Virginia General Conformity Rule may 16, 1996. not be challenged later in the SUMMARY: EPA is finalizing the approval II. Background proceedings to enforce its requirements. of revisions to the California State (See section (b)(2).) Implementation Plan (SIP) proposed in On July 11, 1997 in 62 FR 37172, EPA the Federal Register on July 11, 1997. proposed to approve the following rules List of Subjects in 40 CFR Part 52 The revisions concern rules from the into the California SIP: BAAQMD: ‘‘The Environmental protection, Air following District: Bay Area Air Quality San Francisco Bay Area Transportation pollution control, Hydrocarbons, Management District (BAAQMD). This Air Quality Conformity Procedures,’’ Incorporation by reference, approval action will incorporate these which includes sections 93.100–93.104 Intergovernmental relations, Nitrogen rules into the federally approved SIP. and sections 93.106–93.136 and ‘‘The dioxide, Ozone, Reporting and The intended effect of approving these San Francisco Bay Area Transportation recordkeeping requirements. rules is to implement the transportation Air Quality Conformity Interagency conformity provisions of the Clean Air Consultation Procedures’’. The rules Dated: September 29, 1997. Act, as amended in 1990 (CAA or the were adopted by BAAQMD on Thomas Voltaggio, Act). The rules define the criteria and November 6, 1996. The California Air Acting Regional Administrator, Region III. procedures for transportation Resources Board (CARB) submitted 40 CFR part 52, is amended as conformity actions and consultation for these revisions to EPA on December 16, follows: the Bay Area. EPA is finalizing the 1996. These rules were adopted as part approval of these revisions into the of BAAQMD’s efforts to achieve the PART 52Ð[AMENDED] California SIP under provisions of the National Ambient Air Quality Standards CAA regarding EPA action on SIP (NAAQS) and in response to section 1. The authority citation for part 52 submittals. 176(c) transportation conformity continues to read as follows: DATES: This action is effective on requirements of the Clean Air Act Authority: 42 U.S.C. 7401–7671q. November 20, 1997. (CAA). A detailed discussion of the background for each of the above rules Subpart VVÐVirginia ADDRESSES: Copies of the rule revisions and EPA’s evaluation report for each is provided in the proposed rule cited 2. Section 52.2420 is amended by rule are available for public inspection above. EPA has evaluated the above rule(s) adding paragraph (c)(118) to read as at EPA’s Region IX office during normal for consistency with the requirements of follows: business hours. Copies of the submitted the CAA and EPA regulations and EPA rule revisions are available for § 52.2420 Identification of plan. interpretation of these requirements as inspection at the following locations: * * * * * expressed in the various EPA policy Air Planning Office (AIR–2), Air guidance documents referenced in the (c) * * * Division, U.S. Environmental (118) Revision to the Virginia State proposed rule cited above. EPA has Protection Agency, Region IX, 75 found that the rules meet the applicable Implementation Plan on January 27, Hawthorne Street, San Francisco, CA EPA requirements. A detailed 1997 by the Virginia Department of 94105; Ruth Verlar, 415–744–1208. discussion of the rule provisions and Environmental Quality: Environmental Protection Agency, Air evaluations has been provided in the (i) Incorporation by reference. Docket (6102), 401 ‘‘M’’ Street, SW., proposed rule and in the technical (A) A letter of January 27, 1997 from Washington, DC 20460. support document (TSD), dated June, the Virginia of Department California Air Resources Board, 1997, which is available at EPA’s Region Environmental Quality transmitting the Transportation Strategies Group, 2020 IX office. General Conformity Rule. ‘‘L’’ Street, Sacramento, CA 92123– (B) Virginia Regulation 9 VAC 5 1095; Eric Simon, 916–322–2700. III. Response to Public Comments Chapter 160—Regulation for General Bay Area Air Quality Management A 30-day public comment period was Conformity, effective January 1, 1997. District , 939 Ellis St., San Francisco, provided in 62 FR 37172. No comments (ii) Additional Material from the CA 94109, David Marshall, 415–749– were received, so no response has been Virginia’s January 27, 1997 submittal 4678. prepared. 54588 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

IV. EPA Action 427 U.S. 246, 255–66 (1976); 42 U.S.C. postpone the effectiveness of such rule 7410(a)(2). or action. This action may not be EPA is finalizing this action to challenged later in proceedings to C. Unfunded Mandates approve the above rules for inclusion enforce its requirements. (See section into the California SIP. EPA is Under Section 202 of the Unfunded 307(b)(2).) approving the submittal under section Mandates Reform Act of 1995 110(k)(3) as meeting the requirements of (‘‘Unfunded Mandates Act’’), signed List of Subjects in 40 CFR Part 52 sections 110(a) and 176(c)(4) of the into law on March 22, 1995, EPA must CAA. This approval action will Environmental protection, Air prepare a budgetary impact statement to pollution control, Carbon Monoxide, incorporate these rule(s) into the accompany any proposed or final rule Federally approved SIP. The intended Hydrocarbons, Incorporation by that includes a Federal mandate that reference, Intergovernmental relations, effect of approving these rule(s) is to may result in estimated costs to State, regulate actions of agencies which affect Oxides of Nitrogen, Ozone, Particulate local, or tribal governments in the matter, Reporting and recordkeeping emissions from on-road mobile sources aggregate; or to private sector, of $100 in accordance with the requirements of requirements, Volatile organic million or more. Under Section 205, compounds. the CAA. EPA must select the most cost-effective Nothing in this action should be and least burdensome alternative that Note: Incorporation by reference of the construed as permitting or allowing or achieves the objectives of the rule and State Implementation Plan for the State of establishing a precedent for any future is consistent with statutory California was approved by the Director of the Federal Register on July 1, 1982. request for revision to any State requirements. Section 203 requires EPA implementation plan. Each request for to establish a plan for informing and Dated: September 26, 1997. revision to the State implementation advising any small governments that Felicia Marcus, plan shall be considered separately in may be significantly or uniquely Regional Administrator. light of specific technical, economic, impacted by the rule. Part 52, chapter I, title 40 of the Code and environmental factors and in EPA has determined that the approval of Federal Regulations is amended as relation to relevant statutory and action promulgated does not include a follows: regulatory requirements. Federal mandate that may result in V. Administrative Requirements estimated costs of $100 million or more PART 52Ð[AMENDED] to either State, local, or tribal A. Executive Order 12866 governments in the aggregate, or to the 1. The authority citation for part 52 private sector. This Federal action continues to read as follows: The Office of Management and Budget approves pre-existing requirements (OMB) has exempted this regulatory Authority: 42 U.S.C. 7401–7671q. under State or local law, and imposes action from E.O. 12866 review. no new Federal requirements. Subpart FÐCalifornia B. Regulatory Flexibility Act Accordingly, no additional costs to State, local, or tribal governments, or to 2. Section 52.220 is amended by Under the Regulatory Flexibility Act, the private sector, result from this adding paragraph (c)(243) to read as 5 U.S.C. 600 et seq., EPA must prepare action. follows: a regulatory flexibility analysis assessing the impact of any proposed or D. Submission to Congress and the § 52.220 Identification of plan. General Accounting Office final rule on small entities. 5 U.S.C. 603 * * * * * and 604. Alternatively, EPA may certify Under 5 U.S.C. 801(a)(1)(A) as added (c) * * * that the rule will not have a significant by the Small Business Regulatory impact on a substantial number of small Enforcement Fairness Act of 1996, EPA * * * * * entities. Small entities include small submitted a report containing this rule (243) Transportation Air Quality businesses, small not-for-profit and other required information to the Conformity Procedures and enterprises, and government entities U.S. Senate, the U.S. House of Transportation Conformity Consultation with jurisdiction over populations of Representatives and the Comptroller Procedures for the following AQMD less than 50,000. General of the General Accounting were submitted on December 16, 1996, SIP approvals under section 110 and Office prior to publication of the rule in by the Governor’s designee. subchapter I, part D of the Clean Air Act today’s Federal Register. This rule is (i) Incorporation by reference. do not create any new requirements but not a ‘‘major rule’’ as defined by section simply approve requirements that the 804(2). (A) Bay Area Air Quality Management State is already imposing. Therefore, District. E. Petitions for Judicial Review because the Federal SIP approval does (1) ‘‘The San Francisco Bay Area not impose any new requirements, the Under section 307(b)(1) of the Clean Transportation Air Quality Conformity Administrator certifies that it does not Air Act, petitions for judicial review of Procedures,’’ which includes sections have a significant impact on any small this action must be filed in the United 93.100-93.104 and sections 93.106– entities affected. Moreover, due to the States Court of Appeals for the 93.136, adopted on November 6, 1996. nature of the Federal-State relationship appropriate circuit by December 22, under the CAA, preparation of a 1997. Filing a petition for (2) ‘‘The San Francisco Bay Area flexibility analysis would constitute reconsideration by the Administrator of Transportation Air Quality Conformity Federal inquiry into the economic this final rule does not affect the finality Interagency Consultation Procedures,’’ reasonableness of State action. The of this rule for the purposes of judicial adopted on November 6, 1996. Clean Air Act forbids EPA to base its review nor does it extend the time * * * * * actions concerning SIPs on such within which a petition for judicial [FR Doc. 97–27857 Filed 10–20–97; 8:45 am] grounds. Union Electric Co. v. U.S. EPA, review may be filed, and shall not BILLING CODE 6560±50±P Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54589

ENVIRONMENTAL PROTECTION L), Environmental Protection Agency, CFR subparts WWW and Cc, AGENCY Region 6, 1445 Ross Avenue, Dallas, respectively. The emission guideline’s Texas 75202–2733, telephone (214) specified limits for landfill gas requires 40 CFR Part 62 665–7219. affected facilities to operate a control system designed to reduce collected [NM±33±1±7331a; LA±39±1±7332; FRL± SUPPLEMENTARY INFORMATION: 5910±9] non-methane organic compounds I. Background (NMOC) concentrations by 98 weight- Approval and Promulgation of State The Act requires that States submit percent, or reduce the outlet NMOC Air Quality Plans for Designated plans to EPA to implement and enforce concentration to 20 parts per million or Facilities and Pollutants, New Mexico; the Emission Guidelines (EG) less, using the test methods specified Control of Landfill Gas Emissions promulgated for MSW landfills under section 60.754(d). From Existing Municipal Solid Waste pursuant to Section 111(d) of the Act. II. Analysis of State Submittal Landfills; Correction for Same, Section 111(d) requires that the State Louisiana The official procedures for adoption submit the State Plan not later than 9 and submittal of State Plans are codified AGENCY: Environmental Protection months after EPA promulgates the EG. in 40 CFR part 60, subpart B. The EPA Agency (EPA). On March 12, 1996, EPA promulgated promulgated the original provisions on ACTION: Direct final rule. the EG at 40 CFR part 60, subpart Cc. November 17, 1975, and then amended Thus, the State Plans were due no later them on December 19, 1995, to SUMMARY: This document approves the than December 12, 1996. The State of incorporate changes specific to solid New Mexico State Plan for controlling New Mexico submitted its State Plan to waste incineration. These changes, landfill gas emissions from existing EPA on January 7, 1997. which were necessary to conform with municipal solid waste (MSW) landfills. Under section 111(d) of the Act, the the solid waste incineration The plan was submitted to fulfill the EPA established procedures whereby requirements under section 129 of the requirements of the Clean Air Act (the States submit plans to control existing Act, are not relevant to MSW landfills. Act). The State Plan establishes sources of designated pollutants. Thus, the procedures described in the emission limits for existing MSW Designated pollutants are defined as original provisions for adopting and landfills, and provides for the pollutants which are not included on a submitting State Plans still apply to implementation and enforcement of list published under section 108(a) of MSW landfills and are reflected in 40 those limits, except those located in the Act (i.e., National Ambient Air CFR part 60, subpart B, sections 60.23 Indian Country. Finally, this action Quality Standard pollutants), but to through 60.26. Subpart B addresses makes a correction to a typographical which a standard of performance for public participation, legal authority, error found in the direct final new sources applies under section 111. emission standards and other emission rulemaking for Louisiana’s landfill gas Under section 111(d), emission limitations, compliance schedules, control State Plan. standards are to be adopted by the emission inventories, source DATES: This action is effective on States and submitted to EPA for surveillance, compliance assurance, and December 22, 1997, unless notice is approval. The standards limit the enforcement requirements, and cross- postmarked by November 20, 1997, that emissions of designated pollutants from references to the MSW landfill EG. someone wishes to submit adverse or existing facilities which, if new, would The New Mexico State Plan includes critical comments. If the effective date is be subject to the New Source documentation that all applicable delayed, timely notice will be published Performance Standards (NSPS). Such subpart B requirements have been met. in the Federal Register. facilities are called designated facilities. Please see the evaluation report for a ADDRESSES: Comments should be The procedures under which States detailed description of EPA’s analysis of mailed to Thomas H. Diggs, Chief, Air submit these plans to control existing the Plan’s compliance with the subpart Planning Section (6PD–L), EPA Region sources are defined in 40 CFR part 60, B requirements. 6, 1445 Ross Avenue, Dallas, Texas subpart B. According to subpart B, the The New Mexico Environment 75202–2733. Copies of the State Plan States are required to develop plans Department (NMED) incorporates the and other information relevant to this within Federal guidelines for the control NSPS and cross-references the NSPS for action are available for inspection of designated pollutants. The EPA existing facilities to adopt the during normal hours at the following publishes guideline documents for requirements of the Federal rule. The locations: development of State emission State has ensured, through this cross- Environmental Protection Agency, standards along with the promulgation reference process, that all the applicable Region 6, Air Planning Section (6PD– of any NSPS for a designated pollutant. requirements of the Federal rule have L), 1445 Ross Avenue, Suite 700, These guidelines apply to designated been adopted into the State Plan. The Dallas, Texas 75202–2733. pollutants and include information such emission limits, reporting and Air and Radiation Docket and as a discussion of the pollutant’s effects, recordkeeping requirements, and other Information Center, Environmental description of control techniques and aspects of the Federal rule have been Protection Agency, 401 M Street, their effectiveness, costs and potential adopted into 20 NMAC 2.64, Municipal S.W., Washington, D.C. 20460. impacts. Also as guidance for the States, Solid Waste Landfills. New Mexico Environment Department, recommended emission limits and times Subpart Cc requires affected existing Air Quality Program, 1190 St. Francis for compliance are set forth, and control landfills to be capable of attaining the Drive, Harold Runnels Bldg., Santa equipment which will achieve these specified level of emissions within 30 Fe, NM 87501. emission limits are identified. The months after the State Plan is federally Anyone wishing to review this State emission guidelines for landfill gas are approved. For compliance schedules for Plan at the EPA office is asked to promulgated in 40 CFR part 60. The MSW landfills extending more than 12 contact the person below to schedule an final section 111(d) emission standards months beyond the date required for appointment 24 hours in advance. and guidelines for landfill gas were submittal of the plan (December 12, FOR FURTHER INFORMATION CONTACT: Lt. promulgated on March 12, 1995 (61 FR 1996), the compliance schedule must Mick Cote, Air Planning Section (6PD– 9905), and codified in the CFR at 40 include legally enforceable increments 54590 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations of progress towards compliance for that Nothing in this action should be advising any small governments that MSW landfill. Each increment of construed as permitting or allowing or may be significantly or uniquely progress in section 60.21(h) of subpart B establishing a precedent for any future impacted by the rule. must have a compliance date and must request for revision to any State Plan. The EPA has determined that the be included as an enforceable date in Each request for revision to the State approval action promulgated does not the State Plan. As an alternative, the Plan shall be considered separately in include a Federal mandate that may State must negotiate specific dates for light of specific technical, economic, result in estimated costs of $100 million the increments of progress on a facility- and environmental factors and in by-facility basis, and submit them to the relation to relevant statutory and or more to either State, local, or tribal public participation process. A revision regulatory requirements. governments in the aggregate, or to the to New Mexico’s State Plan must be private sector. This Federal action submitted to EPA once the dates for the V. Administrative Requirements approves preexisting requirements increments of progress are established A. Executive Order (E.O.) 12866 under State or local law, and imposes for each affected facility. The State Plan no new Federal requirements. The Office of Management and Budget may include such additional increments Accordingly, no additional costs to has exempted this regulatory action of progress as may be necessary to State, local, or tribal governments, or to from E.O. 12866 review. permit close and effective supervision of the private sector, result from this progress towards final compliance. The B. Regulatory Flexibility Act action. State did not submit evidence of Under the Regulatory Flexibility Act, authority to regulate sources in Indian D. Submission to Congress and the 5 U.S.C. 600 et seq., EPA must prepare Country. Therefore, EPA is not General Accounting Office a regulatory flexibility analysis approving this State Plan as it relates to assessing the impact of any proposed or Under 5 U.S.C. 801(a)(1)(A) as added those sources. NMED must submit an updated final rule on small entities. See 5 U.S.C. by the Small Business Regulatory source inventory once the affected 603 and 604. Alternatively, EPA may Enforcement Fairness Act of 1996, EPA facilities have reported their design certify that the rule will not have a submitted a report containing this rule capacities and NMOC emissions as significant impact on a substantial and other required information to the required under 40 CFR part 60, subpart number of small entities. Small entities U.S. Senate, the U.S. House of Cc (60.35c). In addition, Title V permit include small businesses, small not-for- Representatives and the Comptroller applications for the affected facilities profit enterprises, and government General of the General Accounting are due within one year from the due entities with jurisdiction over Office prior to publication of this rule in date of the design capacity reports. populations of less than 50,000. today’s Federal Register. This rule is State Plan approvals under section III. Correction of Typographical Error not a ‘‘major rule’’ as defined by 5 111 of the Act do not create any new U.S.C. 804(2). On August 29, 1997 (62 FR 45730), requirements but simply approve EPA published the direct final approval requirements that the State is already E. Petitions for Judicial Review of Louisiana’s section 111(d) State Plan imposing. Therefore, because the for the control of landfill gases. Two Federal State Plan approval does not Under section 307(b)(1) of the Act, typographical errors and the omission of impose any new requirements, I certify petitions for judicial review of this a center heading occurred. Sections that it does not have a significant impact action must be filed in the United States 62.4631 and 62.4632 were incorrectly on any small entities affected. Moreover, Court of Appeals for the appropriate numbered 62.4931 and 62.4932, and the due to the nature of the Federal-State circuit by December 22, 1997. Filing a center heading ‘‘LANDFILL GAS relationship under the Act, preparation petition for reconsideration by the EMISSIONS FROM EXISTING of a flexibility analysis would constitute Administrator of this final rule does not MUNICIPAL SOLID WASTE Federal inquiry into the economic affect the finality of this rule for the LANDFILLS’’ was omitted. Subpart T of reasonableness of State action. The Act purposes of judicial review nor does it 40 CFR part 62 is corrected in the forbids EPA to base its actions extend the time within which a petition rulemaking portion of this document to concerning State Plans on such grounds. for judicial review may be filed, and reflect these changes. See Union Electric Co. v. U.S. EPA, 427 shall not postpone the effectiveness of U.S. 246, 255–66 (1976); 42 U.S.C. IV. Final Action such rule or action. This action may not 7410(a)(2). be challenged later in proceedings to In this final action EPA is C. Unfunded Mandates enforce its requirements. See section promulgating a revision to the New 307(b)(2) of the Act. Mexico State Plan and the Code of Under section 202 of the Unfunded Federal Regulations, part 62, to adopt Mandates Reform Act of 1995, signed List of Subjects in 40 CFR Part 62 the New Mexico State Plan for the into law on March 22, 1995, EPA must control of landfill gas from MSW prepare a budgetary impact statement to Environmental protection, landfills, except those located in Indian accompany any proposed or final rule Administrative practice and procedure, Country. On January 7, 1997, the State that includes a Federal mandate that Air pollution control, Intergovernmental of New Mexico submitted to EPA a plan may result in estimated costs to State, relations, Methane, Municipal solid identifying the existing MSW landfills local, or tribal governments in the waste landfills, Non-methane organic in the State and establishing standards aggregate; or to private sector, of $100 compounds, Reporting and for the control of landfill gas emissions million or more. Under section 205, recordkeeping requirements. from these facilities. The State Plan EPA must select the most cost-effective Dated: October 7, 1997. includes regulation 20 NMAC 2.64, and least burdensome alternative that Jerry Clifford, Municipal Solid Waste Landfills, achieves the objectives of the rule and documentation of the public is consistent with statutory Acting Regional Administrator. participation process, a source requirements. Section 203 requires EPA 40 CFR Part 62 is amended as follows: inventory, and other required elements. to establish a plan for informing and Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54591

PART 62Ð[AMENDED] DEPARTMENT OF TRANSPORTATION Street SW., Washington, DC 20590– 0001. Comments should identify the Subpart GGÐNew Mexico Research and Special Programs docket number and the RSPA Administration rulemaking number. All comments 1. The authority citation for Part 62 received before December 22, 1997, will 49 CFR Part 195 continues to read as follows: be considered before final action is [Docket No. PS±121; Amdt. 195±58] taken. Late-filed comments will be Authority: 42 U.S.C. 7401–7642. considered so far as practicable. All RIN 2137±AD 05 2. A new center heading consisting of comments and other docketed material §§ 62.7855 and 62.7856 is added to read Pressure Testing Older Hazardous will be available for inspection and as follows: Liquid and Carbon Dioxide Pipelines copying in room 401 Plaza between the hours of 10 a.m. and 5 p.m., Monday * * * * * AGENCY: Research and Special Programs through Friday, except Federal holidays. LANDFILL GAS EMISSIONS FROM EXIST- Administration (RSPA), DOT. FOR FURTHER INFORMATION CONTACT: ING MUNICIPAL SOLID WASTE LAND- ACTION: Direct final rule; extension of Mike Israni, (202) 366–4571, e-mail: FILLS time for compliance. [email protected], regarding the subject matter of this document, or the 62.7855 Identification of Plan. SUMMARY: This direct final rule extends Dockets Unit (202) 366–9329, for copies the time for compliance with the of this document or other information in Control of landfill gas emissions from requirements for pressure testing of the docket. existing municipal solid waste landfills, older hazardous liquid and carbon submitted on January 7, 1997. dioxide pipelines. Plans for testing, or SUPPLEMENTARY INFORMATION: establish maximum operating pressure, API Proposal 62.7856 Identification of Sources. which were to be completed by In a petition dated June 23, 1995, API The plan applies to all existing December 7, 1997, would now be required by December 7, 1998. The submitted a risk-based alternative to the municipal solid waste landfills with pressure testing rule and requested that design capacities greater than or equal dates for actual completion of the testing, previously December 7, 1999, RSPA delay implementation of the rule to 2.5 million megagrams and non- until the API proposal was given full methane organic emissions greater than and December 7, 2002, are also extended by one year. RSPA is consideration. A copy of the API or equal to 50 megagrams per year as proposal is available in the docket. API described in 40 CFR part 60, subpart Cc. extending these compliance dates to allow time to complete a rulemaking argued that the rule on pressure testing Subpart T is amended (corrected) to based on the American Petroleum older hazardous liquid and carbon read as follows: Institute’s (API) petition for a risk-based dioxide pipelines presents an alternative to the required pressure opportunity to apply a risk-based PART 62Ð[AMENDED] testing rule. In a separate notice, RSPA approach to pressure testing, and intends to issue a proposed rule for a proposed a risk-based alternative to the Subpart TÐLouisiana risk-based alternative to the existing final rule issued on June 7, 1994 (59 FR pressure testing rule. 29379). A new center heading, consisting of RSPA has been working with the DATES: Effective date: This direct final Sections 62.4631 and 62.4632 is added pipeline industry to develop a risk rule takes effect January 20, 1998. If to read as follows: management framework for pipeline RSPA does not receive any adverse regulation and decided to carefully LANDFILL GAS EMISSIONS FROM EXIST- comment or notice of intent to file an evaluate the API proposal. Because ING MUNICIPAL SOLID WASTE LAND- adverse comment by December 22, substantial planning is required before FILLS 1997, the rule will become effective on pressure testing older pipelines, an the date specified. RSPA will issue a extension of time for compliance was 62.4631 Identification of Sources. subsequent document in the Federal needed to avoid unnecessary costs in Register by January 5, 1998, to confirm The plan applies to all existing planning. that fact and reiterate the effective date. RSPA decided to initiate rulemaking municipal solid waste landfills with If an adverse comment or notice of design capacities greater than 2.5 on the API proposal. A notice of intent to file an adverse comment is proposed rulemaking on risk-based million megagrams and non-methane received, RSPA will issue a timely alternative to pressure testing of older organic emissions greater than 50 notice in the Federal Register to hazardous liquid and carbon dioxide megagrams per year as described in 40 confirm that fact and RSPA would pipelines is being published separately. CFR part 60, subpart Cc. withdraw the direct final rule in whole RSPA published a Final Rule (Docket or in part. RSPA may then incorporate 62.4632 Effective Date. PS–121; 61 FR 43026; August 20, 1996) the adverse comment into a subsequent extending the compliance deadline to The effective date of the portion of the direct final rule or may publish a notice plan and schedule pressure testing or plan applicable to existing municipal of proposed rulemaking. establish maximum operating pressure solid waste landfills is October 28, 1997. Compliance dates: The deadline that to December 7, 1997. The dates for establishes regulations for planning and [FR Doc. 97–27849 Filed 10–20–97; 8:45 am] actual completion of testing were scheduling pressure testing is to be extended by one year. BILLING CODE 6560±50±P extended to December 7, 1998. All other To determine merits of the API deadlines are extended by a year. proposal, RSPA held a public meeting ADDRESSES: Written comments must be on March 25, 1996. On May 8 and submitted in duplicate and mailed to November 6, 1996, and again on May 7, the Docket Facility, U.S. Department of 1997, RSPA briefed the Technical Transportation, Plaza 401, 400 Seventh Hazardous Liquid Pipeline Safety 54592 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

Committee (THLPSSC) on the API Mandates Reform Act of 1995. It does ACTION: Closure. proposal and changes proposed by not result in costs of $100 million or RSPA. RSPA also discussed those more to either State, local, or tribal SUMMARY: NMFS is prohibiting directed changes at the API conference on March governments, in the aggregate, or to the fishing for pollock by vessels catching 13, 1997, in Dallas, Texas. private sector, and is the least pollock for processing by the inshore RSPA received several comments burdensome alternative that achieves component in the Bering Sea subarea of from the industry during these meetings the objective of the rule. the Bering Sea and Aleutian Islands that all the compliance deadlines for the management area (BSAI). This action is current pressure test rule should be List of Subjects in 49 CFR Part 195 necessary to prevent exceeding the extended. Industry argued that they Carbon dioxide, Petroleum, Pipeline amount of the 1997 pollock total were not sure what changes RSPA might safety, Reporting and recordkeeping allowable catch (TAC) apportioned to suggest in the risk-based alternative requirements. vessels catching pollock for processing rulemaking, so they could not plan in In consideration of the foregoing, by the inshore component in the Bering advance. RSPA amends part 195 of title 49 of the Sea subarea of the Bering Sea and RSPA agrees with the comments Code of Federal Regulations as follows: Aleutian Islands management area. about the need for extension of the DATES: Effective 1200 hrs, Alaska local comment period while rulemaking on PART 195Ð[AMENDED] time (A.l.t.), October 16, 1997, until the risk-based alternative is conducted. 2400 hrs, A.l.t., December 31, 1997. These new compliance dates are as 1. The authority citation for part 195 continues to read as follows: FOR FURTHER INFORMATION CONTACT: follows: Mary Furuness, 907–586-7228. —Before December 7, 1998, plan and Authority: 49 U.S.C. 60102, 60104, 60108, SUPPLEMENTARY INFORMATION: The schedule testing; or establish the 60109; and 49 CFR 1.53. groundfish fishery in the BSAI exclusive pipeline’s maximum operating 2. Section 195.302, paragraphs (c)(1), economic zone is managed by NMFS pressure under § 195.406(a)(5). introductory text, and (c)(2)(i), according to the Fishery Management —Before December 7, 2000, pressure introductory text, and (c)(2)(ii) are Plan for the Groundfish Fishery of the test each pipeline containing more revised to read as follows: than 50 percent by mileage of electric Bering Sea and Aleutian Islands Area resistance welded pipe manufactured § 195.302 General requirements. (FMP) prepared by the North Pacific before 1970; and at least 50 percent of * * * * * Fishery Management Council under the mileage of all other pipelines; and (c) * * * authority of the Magnuson-Stevens —Before December 7, 2003, pressure (1) Before December 7, 1998, for each Fishery Conservation and Management test the remainder of the pipeline pipeline each operator shall— Act. Fishing by U.S. processors is mileage. * * * * * governed by regulations implementing (2) * * * the FMP at Subpart H of 50 CFR part Regulatory Analyses and Notices (i) Before December 7, 2000, pressure 600 and 50 CFR part 679. Executive Order 12866 and DOT test— The amount of the 1997 pollock TAC Policies and Procedures * * * * * apportioned to vessels catching pollock (ii) Before December 7, 2003, pressure for processing by the inshore The Office of Management and Budget component in the Bering Sea subarea of (OMB) does not consider this final rule test the remainder of the pipeline mileage. the BSAI was established by the Final to be a significant regulatory action 1997 Harvest Specifications of under section 3(f) of Executive Order * * * * * Issued in Washington, DC, on October 15, Groundfish for the BSAI (62 FR 7168, 12866. Therefore, OMB did not review February 18, 1997) as 365,837 metric the direct final rule under that order. 1997. Kelley S. Coyner, tons (mt). See § 679.20(c)(3)(iii). Also, DOT does not consider the direct In accordance with § 679.20(d)(1)(i), Acting Administrator. final rule to be significant under its the Administrator, Alaska Region, regulatory policies and procedures (44 [FR Doc. 97–27740 Filed 10–20–97; 8:45 am] NMFS (Regional Administrator), has FR 11034, February 26, 1979). This BILLING CODE 4910±60±P determined that the amount of the 1997 extension of compliance dates does not pollock TAC apportioned to vessels warrant preparation of a Regulatory catching pollock for processing by the Evaluation. DEPARTMENT OF COMMERCE inshore component in the Bering Sea subarea of the BSAI has been reached. Executive Order 12612 National Oceanic and Atmospheric Therefore, the Regional Administrator is We analyzed the final rule under the Administration principles and criteria in Executive establishing a directed fishing Order 12612 (‘‘Federalism’’). The final 50 CFR Part 679 allowance of 365,587 mt, and is setting rule does not have sufficient federalism aside the remaining 250 mt as bycatch [Docket No. 961107312±7021±02; I.D. to support other anticipated groundfish impacts to warrant preparation of a 101697A] federalism assessment. fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Regulatory Flexibility Act Fisheries of the Exclusive Economic Zone Off Alaska; Pollock by Vessels Administrator finds that this directed I certify, under section 605 of the Catching Pollock for Processing by the fishing allowance will soon be reached. Regulatory Flexibility Act, that this final Inshore Component in the Bering Sea Consequently, NMFS is prohibiting rule will not have a significant Subarea of the Bering Sea and directed fishing for pollock by vessels economic impact on a substantial Aleutian Islands Management Area catching pollock for processing by the number of small entities. inshore component in the Bering Sea AGENCY: National Marine Fisheries subarea of the BSAI. Unfunded Mandates Reform Act of 1995 Service (NMFS), National Oceanic and Maximum retainable bycatch amounts This rule does not impose unfunded Atmospheric Administration (NOAA), for applicable gear types may be found mandates under the Unfunded Commerce. in the regulations at § 679.20(e) and (f). Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54593

Classification taken the amount of the 1997 pollock Classification TAC apportioned to vessels catching This action responds to the best pollock for processing by the inshore This action is required by Sec. 679.20 available information recently obtained component in the Bering Sea subarea of and is exempt from review under E.O. from the fishery. It must be the BSAI. Further delay would only 12866. implemented immediately in order to result in overharvest which would Authority: 16 U.S.C. 1801 et seq. prevent overharvesting the amount of disrupt the FMP’s objective of providing the 1997 pollock TAC apportioned to sufficient pollock as bycatch to support Dated: October 16, 1997. vessels catching pollock for processing other anticipated groundfish fisheries. Gary C. Matlock, by the inshore component in the Bering NMFS finds for good cause that the Director, Office of Sustainable Fisheries, Sea subarea of the BSAI. Providing prior implementation of this action can not be National Marine Fisheries Service. notice and an opportunity for public delayed for 30 days. Accordingly, under [FR Doc. 97–27885 Filed 10–18–97; 3:55 pm] comment is impracticable and contrary 5 U.S.C. 553(d), a delay in the effective BILLING CODE 3510±22±F to the public interest. The fleet has date is hereby waived. 54594

Proposed Rules Federal Register Vol. 62, No. 203

Tuesday, October 21, 1997

This section of the FEDERAL REGISTER The text of the new paragraph is self- Flexibility Act, as amended, is not contains notices to the public of the proposed explanatory. required. issuance of rules and regulations. The The Board is also amending its rules Paperwork Reduction Act purpose of these notices is to give interested to provide a twenty-working-day time persons an opportunity to participate in the limit for response to initial requests. These regulations will impose no rule making prior to the adoption of the final additional reporting and recordkeeping rules. The Board notes, however, that it has provided documents in response to requirements subject to Office of FOIA requests, during the eight years of Management and Budget clearance. DEFENSE NUCLEAR FACILITIES Board operations, within ten working List of Subjects in 10 CFR Part 1703 days in nearly every case. Regardless of SAFETY BOARD Freedom of information. the statutory changes, the Board will 10 CFR Part 1703 endeavor to provide requested For the reasons stated in the documents promptly. This is usually preamble, the Board proposes to amend Rules Implementing the Freedom of within a few days unless an extensive 10 CFR Part 1703 as follows: Information Act search is required, a large number of Defense Nuclear Facilities Safety Board documents must be reproduced, or AGENCY: Defense Nuclear Facilities PART 1703ÐPUBLIC INFORMATION national security concerns require a Safety Board. AND REQUESTS classification review of documents ACTION: Proposed rule. subject to the request. The Board 1. The authority citation for part 1703 SUMMARY: The Defense Nuclear provides a Public Reading Room with continues to read as follows: Facilities Safety Board (Board) is many documents immediately Authority: 5 U.S.C. 552 as amended, 42 proposing to amend its Freedom of accessible to the public, computer U.S.C. 2286b(c). access to the Board’s electronic files, Information Act (FOIA) rules to provide 2. Section 1703.103 is proposed to be and is continuing to upload new for expedited processing of certain amended by adding paragraph (b)(12) to categories of records to the Board’s requests, to conform response deadlines read as follows: with those now provided in the statute, Internet home page, http:// and to add a category of documents to www.dnfsb.gov. These measures should § 1703.103 Requests for Board records be made available in the Public Reading ensure that the public continues to have available through the public reading room. Room. These changes result from new speedy access to requested documents, * * * * * statutory provisions in the Electronic generally within time less than the (b) * * * Freedom of Information Act statutory requirements. (12) Copies of records released Amendments of 1996, Pub. L. 104–231. The Board will maintain in its Public pursuant to FOIA requests, along with A minor change is also made in the Reading Room documents released an index to these records. The format Board’s fee provision. pursuant to a FOIA request, along with will generally be the same as the format of the released records. DATES: an index of documents so released. In Comments should be submitted 3. Section 1703.105 is proposed to be no later than November 20, 1997. view of the small number of requests received in the past, the Board will amended by adding a new paragraph (e) ADDRESSES: Comments should be sent to include all documents released, to read as follows: Robert M. Andersen, General Counsel, beginning in calendar year 1997. Defense Nuclear Facilities Safety Board, § 1703.105 Requests for Board records not Finally, the Board is making one 625 Indiana Avenue, NW, Suite 700, available through the public reading room minor change to its fee provision, Washington, D.C. 20004–2901. (FOIA requests). § 1703.107, by removing paragraph FOR FURTHER INFORMATION CONTACT: * * * * * (b)(2)(iv). The Board has never made it (e)(1) Expedited processing—A person Robert M. Andersen, General Counsel, a practice to charge mailing fees may request expedited processing of a Defense Nuclear Facilities Safety Board, responding to FOIA requests, so this FOIA request when a compelling need 625 Indiana Ave. NW, Suite 700, provision is not reflective of actual for the requested records has been Washington, D.C. 20004–2901, (202) practice. shown ‘‘Compelling need’’ means: 208–6387. Executive Order No. 12866 (i) Circumstances in which the lack of SUPPLEMENTARY INFORMATION: The expedited treatment could reasonably be Electronic Freedom of Information Act These amendments do not meet the expected to pose an imminent threat to Amendments of 1996, Pub. L. 104–231, criteria for a significant regulatory the life or physical safety of an require that all Federal agencies action under Executive Order 12866. individual; promulgate new regulations on Thus, they were not subject to Office of (ii) An urgency to inform the public expedited processing of FOIA requests Management and Budget review. about an actual or alleged Federal in cases of ‘‘compelling need’’ or other Government activity, if the request is Regulatory Flexibility Act circumstances determined by the made by a person primarily engaged in agency. 5 U.S.C. 552(a)(6)(E)(i). To These amendments will not have a disseminating information; or implement this requirement, the Board significant economic impact on a (iii) The records pertain to an is proposing to add a new paragraph (d) substantial number of small entities immediate source of risk to the public to 10 CFR 1703.105, ‘‘Requests for Board since these rules affect only individuals. health and safety or worker safety at a Records Not Available Through the Therefore, a regulatory flexibility defense nuclear facility under the Public Reading Room (FOIA Requests).’’ analysis as provided in the Regulatory Board’s jurisdiction. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules 54595

(2) A requester seeking expedited ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: processing should so indicate in the (NPRM). Comments Invited initial request, and should state all facts Interested persons are invited to supporting the need to obtain the SUMMARY: This document proposes to participate in the making of the requested records rapidly. The requester supersede Airworthiness Directive (AD) proposed rule by submitting such must also state that these facts are true 80–26–05, which currently requires the written data, views, or arguments as and correct to the best of the requester’s following on certain The New Piper they may desire. Communications knowledge and belief. Aircraft, Inc. (Piper) Models PA–31, (3) When a request for expedited should identify the rules docket number PA–31–300, PA–31–325, PA–31–350, and be submitted in triplicate to the processing is received, the Board will PA–31P, PA–31T, and PA–31T1 respond within ten calendar days from address specified above. All airplanes: repetitively inspecting the the date of receipt of the request, stating communications received on or before main landing gear (MLG) inboard door whether or not the request has been the closing date for comments, specified hinges and attachment angles for cracks, granted. If the request for expedited above, will be considered before taking and replacing any cracked MLG inboard processing is denied, any appeal of that action on the proposed rule. The door hinge or attachment angle. The decision will be acted upon proposals contained in this notice may expeditiously. proposed AD results from the Federal be changed in light of the comments Aviation Administration’s policy on received. § 1703.107 [Removed and Reserved] aging commuter-class aircraft and the Comments are specifically invited on 4. Section 1703.107(b)(2)(iv) is determination that an improved design the overall regulatory, economic, proposed to be removed and reserved. MLG inboard door hinge and environmental, and energy aspects of 5. Section 1703.108 is proposed to be attachment assembly (or approved the proposed rule. All comments revised to read as follows: hinges and angles made of steel), when submitted will be available, both before incorporated, will eliminate the need for § 1703.108 Processing of FOIA requests and after the closing date for comments, the currently required repetitive short- in the rules docket for examination by * * * * * interval inspections. The proposed AD interested persons. A report that (b) Action pursuant to this section to would retain the current repetitive summarizes each FAA-public contact provide access to requested records inspections contained in AD 80–26–05, concerned with the substance of this shall be taken within twenty working and would require installing these proposal will be filed in the rules days. This time period may be extended improved design or approved steel parts docket. up to ten additional working days, in as terminating action for the repetitive Commenters wishing the FAA to unusual circumstances, by written inspection requirement. The actions acknowledge receipt of their comments notice to the requester. If the Board will submitted in response to this notice be unable to satisfy the request in this specified in the proposed AD are intended to prevent separation of the must submit a self-addressed, stamped additional period of time, the requester postcard on which the following will be so notified and given the MLG inboard door from the airplane caused by a cracked inboard door hinge statement is made: ‘‘Comments to opportunity to— Docket No. 96–CE–69–AD.’’ The (1) Limit the scope of the request so or attachment angle, which could result postcard will be date stamped and that it can be processed within the time in the MLG becoming jammed with returned to the commenter. limit, or consequent loss of control of the (2) Arrange with the Designated FOIA airplane during landing operations. Availability of NPRMs Officer an alternative time frame for DATES: Comments must be received on Any person may obtain a copy of this processing the original request or a or before December 26, 1997. NPRM by submitting a request to the modified request. FAA, Central Region, Office of the ADDRESSES: * * * * * Submit comments in Regional Counsel, Attention: Rules Dated: October 14, 1997. triplicate to the Federal Aviation Docket No. 96–CE–69–AD, Room 1558, John T. Conway, Administration (FAA), Central Region, 601 E. 12th Street, Kansas City, Missouri Chairman. Office of the Regional Counsel, 64106. [FR Doc. 97–27704 Filed 10–20–97; 8:45 am] Attention: Rules Docket No. 96–CE–69– Discussion BILLING CODE 3670±01±M AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments On December 1, 1995, the FAA issued may be inspected at this location a proposal to amend part 39 of the DEPARTMENT OF TRANSPORTATION between 8 a.m. and 4 p.m., Monday Federal Aviation Regulations (14 CFR through Friday, holidays excepted. part 39) to include an AD that would Federal Aviation Administration Service information that relates to the apply to Piper Models PA–31, PA–31– proposed AD may be obtained from The 325, PA–31–350, PA–31P, PA–31T, and 14 CFR Part 39 New Piper Aircraft, Inc., Customer PA–31T1 airplanes. This proposal was [Docket No. 96±CE±69±AD] Services, 2926 Piper Drive, Vero Beach, published in the Federal Register as a notice of proposed rulemaking (NPRM) RIN 2120±AA64 Florida 32960. This information also may be examined at the Rules Docket at on December 7, 1995 (60 FR 62774), and Airworthiness Directives; The New the address above. proposed to supersede AD 80–26–05, Piper Aircraft, Inc. (Formerly Piper Amendment 39–3994. The NPRM FOR FURTHER INFORMATION CONTACT: Aircraft Corporation), Models PA±31, proposed to (1) retain the requirement of Christina Marsh, Aerospace Engineer, PA±31±300, PA±31±325, PA±31±350, repetitively inspecting the main landing FAA, Atlanta Aircraft Certification PA±31P, PA±31T, and PA±31T1 gear (MLG) inboard door hinges and Office, One Crown Center, 1895 Phoenix Airplanes attachment angles for cracks, and Boulevard, suite 450, Atlanta, Georgia replacing any cracked MLG inboard AGENCY: Federal Aviation 30349; telephone (770) 703–6079; door hinge or attachment angle; and (2) Administration, DOT. facsimile (770) 703–6097. require incorporating a MLG inboard 54596 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules door hinge and attachment angle The FAA’s Analysis and Determination door hinge or attachment angle; and (2) assembly of improved design (part The FAA service difficulty database require incorporating a MLG inboard number 47529–32) or FAA-approved contains 10 reports of failure or cracks door hinge and attachment angle hinges and angles made of steel, as found in the MLG inboard door hinge assembly of improved design (part terminating action for the repetitive assembly on the affected airplanes. Six number 47529-32) or FAA-approved inspection requirement. of these reports were submitted by the hinges and angles made of steel, as Accomplishment of the proposed commenter to the NPRM, with three of terminating action for the repetitive inspections would have been in these incidents attributed to the original inspection requirement. Accomplishment of the proposed accordance with Piper Service Bulletin MLG inboard door hinge assemblies. inspections would be in accordance (SB) No. 682, dated July 24, 1980. The other four reports are not clear as with Piper SB No. 682, dated July 24, to whether the original MLG inboard Interested persons have been afforded 1980. an opportunity to participate in the door hinge assemblies were installed or making of this amendment. Due the improved design assemblies were The FAA’s Aging Commuter-Class consideration was given to the one installed. However, the incidents Aircraft Policy comment received. occurred on high service time airplanes The actions proposed in this AD are and, since there is no AD action Explanation of the Comment Received part of the FAA’s aging commuter-class mandating the installation of the aircraft policy, which briefly states that, on the NPRM improved design MLG inboard door when a modification exists that could hinge assemblies, the FAA presumes The comment received on the NPRM eliminate or reduce the number of that the original hinge assemblies were contained information that the required critical inspections, the installed. improved design hinge assemblies, part modification should be incorporated. The FAA has reviewed the three number (P/N) 47529–32, are also This policy is based on the FAA’s incident reports on the improved design susceptible to fatigue cracking, and that determination that reliance on critical MLG inboard door hinge assemblies and repetitive inspections on aging installing this assembly should not performed extensive testing and eliminate the need for the repetitive commuter-class airplanes carries an analysis of the improved design MLG unnecessary safety risk when a design inspections currently required by AD inboard door hinge assemblies. The 80–26–05. The commenter states that its change exists that could eliminate or, in FAA has determined that the incidents certain instances, reduce the number of airplane fleet has experienced three were isolated and that mandating failures and three incidents related to those critical inspections. In repetitive inspections is not needed determining what inspections are fatigue cracking of the P/N 47529–32 when the P/N 47529–32 MLG inboard hinge assemblies. critical, the FAA considers (1) the safety door hinge assemblies are installed. The consequences of the airplane if the Subsequent Actions FAA has determined that Piper Model known problem is not detected by the PA–31–300 airplanes incorporate the inspection; (2) the reliability of the The FAA conducted a review of the same type design as the other PA–31 inspection such as the probability of not manufacturer’s service history and series airplanes and could incorporate detecting the known problem; (3) service difficulty reports in the FAA the same part number MLG inboard whether the inspection area is difficult database associated with the P/N door hinge assemblies. to access; and (4) the possibility of 47529–32 MLG inboard door hinge After reviewing all available damage to an adjacent structure as a assembly. Based on a review of this information related to this subject, result of the problem. information, including the information including the referenced service The alternative to installing the received from the commenter, the FAA information, the FAA has determined improved design hinge assemblies on determined that more information and that AD action should be taken to (1) the affected airplanes would be to rely analysis were needed before MLG eliminate the repetitive short-interval on the repetitive inspections required by inboard door hinge assembly inspections required by AD 80–26–05; AD 80–26–05 to detect cracks in these replacements were mandated through and (2) prevent separation of a MLG areas. an AD, as terminating action for the door from the airplane caused by a repetitive inspections currently required cracked inboard door hinge or Cost Impact by AD 80–26–05. attachment angle, which could result in The FAA estimates that 1,769 With the above information in mind, the MLG becoming jammed with airplanes in the U.S. registry would be affected by the proposed AD, that it the FAA issued, on February 11, 1997, consequent loss of control of the would take approximately 2 workhours an advance notice of proposed airplane during landing operations. per airplane to accomplish the proposed rulemaking (ANPRM) to provide an Explanation of the Provisions of the replacement, and that the average labor opportunity for the general public to Proposed AD rate is approximately $60 an hour. Parts participate in the decision as to what Since an unsafe condition has been cost approximately $2,000 per airplane course of rulemaking the FAA should identified that is likely to exist or ($500 per assembly × 4 assemblies per take. The ANPRM was published in the develop in other Piper Models PA–31, airplane). Based on these figures, the Federal Register on February 19, 1997 PA–31–300, PA–31–325, PA–31–350, total cost impact of the proposed AD on (62 FR 7375). At this time, the FAA also PA–31P, PA–31T, and PA–31T1 U.S. operators is estimated to be withdrew the NPRM. airplanes of the same type design, the $3,750,280 or $2,120 per airplane. This Interested persons were encouraged to FAA is proposing an AD. The proposed figure is based on the presumption that provide information that describes what AD would supersede AD 80–26–05 with no affected airplane owner/operator has they consider the best action (if any) to a new AD that would (1) retain the accomplished the proposed be taken regarding the P/N 47529–32 requirement of repetitively inspecting replacement. MLG hinge assembly. No information or the MLG inboard door hinges and Piper has informed the FAA that comments were received on the attachment angles for cracks, and hinge assemblies have been distributed ANPRM. replacing any cracked MLG inboard to equip approximately 400 (1,600 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules 54597 separate assemblies) of the affected accumulated on Piper Models PA–31, PART 39ÐAIRWORTHINESS airplanes. Presuming that 400 of the PA–31–300, PA–31–325, PA–31–350, DIRECTIVES affected airplanes have four of these PA–31P, PA–31T, and PA–31T1 hinge assemblies incorporated, the cost airplanes (such as 5,000 hours TIS) 1. The authority citation for part 39 impact of the proposed AD upon U.S. would impose an undue burden on the continues to read as follows: owners operators of the affected manufacturer of having to maintain a Authority: 49 U.S.C. 106(g), 40101, 40113, airplanes would be reduced by $848,000 supply of replacement parts for the 44701. from $3,750,280 to $2,902,280. entire fleet when many airplanes in the § 39.13 [Amended] The intent of the FAA’s aging fleet may never reach this compliance 2. Section 39.13 is amended by commuter airplane program is to ensure time. removing Airworthiness Directive (AD) safe operation of commuter-class Instead, the FAA believes that Piper airplanes that are in commercial service 80–26–05, Amendment 39–3994, and by should maintain parts for several years; adding a new AD to read as follows: without adversely impacting private in this case about 8 years to allow low- operators. The FAA believes that a large usage airplanes time to accumulate the The New Piper Aircraft, Inc. (formerly Piper number of the remaining 1,369 affected 800 hours after the effective date of the Aircraft Corporation): Docket No. 96– airplanes (1,769 affected airplanes—400 CE–69–AD. Supersedes AD 80–26–05, AD. The FAA has determined that the Amendment 39–3994. airplanes) that would be affected by the compliance time of the proposed rule proposed AD are operated in various Applicability: The following model and provides the level of safety required for serial number airplanes, certificated in any types of air transportation. This commuter air service and general category, that are not equipped with Piper includes scheduled passenger service, aviation, while still minimizing the part number (P/N) 47529–32 main landing air cargo, and air taxi. impact on the private airplane owners of gear (MLG) inboard door hinge assemblies or The proposed AD would allow 800 Piper Models PA–31, PA–31–300, PA– FAA-approved MLG inboard door hinges and hours time-in-service (TIS) after the attachment angles made of steel at all four 31–325, PA–31–350, PA–31P, PA–31T, effective date of the proposed AD before hinge assembly locations: and PA–31T1 airplanes. mandatory accomplishment of the design modification. The average Regulatory Impact Models Serial numbers utilization of the fleet for those The regulations proposed herein PA±31, PA±31± 31±2 through 31±8012077. airplanes in air transportation is would not have substantial direct effects 300, and PA± between 25 to 40 hours TIS per week. on the States, on the relationship 31±325. Based on these figures, operators of between the national government and PA±31±350 ...... 31±5001 through 31± commuter-class airplanes involved in the States, or on the distribution of 8052168. commercial operation would have to PA±31P ...... 31P±3 through 31P± accomplish the proposed modification power and responsibilities among the 7730012. within 5 to 8 months after the proposed various levels of government. Therefore, PA±31T ...... 31T±7400002 through AD would become effective. For private in accordance with Executive Order 31T±8020076. owners, who typically operate between 12612, it is determined that this PA±31T1 ...... 31T±7804001 through 31T±8004040. 100 to 200 hours TIS per year, this proposal would not have sufficient federalism implications to warrant the would allow 4 to 8 years before the Note 1: This AD applies to each airplane proposed modification would be preparation of a Federalism Assessment. For the reasons discussed above, I identified in the preceding applicability mandatory. provision, regardless of whether it has been certify that this action (1) is not a Compliance Time of the Proposed AD modified, altered, or repaired in the area ‘‘significant regulatory action’’ under subject to the requirements of this AD. For The FAA established the 800 hours Executive Order 12866; (2) is not a airplanes that have been modified, altered, or TIS replacement compliance time based ‘‘significant rule’’ under DOT repaired so that the performance of the on its engineering evaluation of the Regulatory Policies and Procedures (44 requirements of this AD is affected, the problem. Among the issues examined in FR. 11034, February 26, 1979); and (3) owner/operator must request approval for an this engineering evaluation were if promulgated, will not have a alternative method of compliance in significant economic impact, positive or accordance with paragraph (g) of this AD. analysis of service difficulty reports, the The request should include an assessment of difficulty level of the inspection, and negative, on a substantial number of the effect of the modification, alteration, or how critical the situation would be if small entities under the criteria of the repair on the unsafe condition addressed by cracks occurred in the subject area Regulatory Flexibility Act. A copy of the this AD; and, if the unsafe condition has not despite accomplishment of the draft regulatory evaluation prepared for been eliminated, the request should include repetitive inspections. this action has been placed in the rules specific proposed actions to address it. Usually, the FAA establishes the docket. A copy of it may be obtained by Compliance: Required as indicated in the mandatory design modification contacting the rules docket at the body of this AD, unless already compliance time on AD’s affecting aging location provided under the caption accomplished. commuter-class airplanes upon the ADDRESSES. To prevent separation of a MLG door from accumulation of a certain number of the airplane caused by a cracked MLG List of Subjects in 14 CFR Part 39 inboard door hinge or attachment angle, hours TIS on the airplane. For this which could result in the MLG becoming action, the FAA is proposing to mandate Air transportation, Aircraft, Aviation jammed with consequent loss of control of the modification for all operators safety, Safety. the airplane during landing operations, ‘‘within the next 800 hours TIS after the The Proposed Amendment accomplish the following: effective date of this AD.’’ The total TIS (a) Within the next 100 hours time-in- levels of the airplane fleet vary from Accordingly, pursuant to the service (TIS) after the effective date of under 1,000 hours TIS to over 5,000 authority delegated to me by the this AD, unless already accomplished hours TIS, and annual accumulation Administrator, the Federal Aviation (compliance with AD 80–26–05), and rates vary from 50 hours TIS to over Administration proposes to amend part thereafter at intervals not to exceed 100 1,000 hours TIS. Establishing a long- 39 of the Federal Aviation Regulations hours TIS until the modification term set compliance time of hours TIS (14 CFR part 39) as follows: required by paragraph (c) or (d) of this 54598 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules

AD is incorporated, inspect (using dye Issued in Kansas City, Missouri, on except Federal holidays. Those desiring penetrant methods) the MLG inboard October 14, 1997. notification of receipt of comments must door hinges and attachment angles for Mary Ellen Schutt, include a self-addressed, stamped cracks. Accomplish the inspections in Acting Manager, Small Airplane Directorate, envelope or postcard. accordance with the INSTRUCTIONS Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: For section of Piper Service Bulletin No. [FR Doc. 97–27794 Filed 10–20–97; 8:45 am] information regarding the notice of 682, dated July 24, 1980. BILLING CODE 4910±13±U proposed amendment contact Ms. Linda (b) The initial dye penetrant inspection Brown, Office of Highway Safety, Room type must be utilized for all future repetitive 3408, (202) 366–2192, or Mr. Raymond inspections. Dye penetrant inspection types DEPARTMENT OF TRANSPORTATION Cuprill, Office of Chief Counsel, Room consist of Type I: fluorescent; Type II: non- 4217, (202) 366–0834, Department of fluorescent or visible dye; and Type III: dual Federal Highway Administration sensitivity. Transportation, Federal Highway (c) If cracks are found during any of the 23 CFR Part 655 Administration, 400 Seventh Street, inspections required in paragraph (a) of this SW., Washington, DC 20590. Office AD, prior to further flight, install a Piper P/ [FHWA Docket No. 96±47, FHWA 97±2295, hours are from 7:45 a.m. to 4:15 p.m., N 47529–32 MLG inboard door hinge and Notice No. 1] e.t., Monday through Friday, except attachment angle assembly or install FAA- RIN 2125±AE11 Federal holidays. approved MLG inboard door hinges and SUPPLEMENTARY INFORMATION: As noted, angles made of steel. National Standards for Traffic Control the original comment period for the (d) Within the next 800 hours TIS after the effective date of this AD, unless already Devices; Revision of the Manual on January 6, 1997, notice of proposed accomplished as required by paragraph (c) of Uniform Traffic Control Devices; amendment to the MUTCD closed on this AD, install a Piper P/N 47529–32 MLG Markings, Signals, and Traffic Control August 30, 1997. The NCUTCD has inboard door hinge and attachment angle Systems for Railroad-Highway Grade expressed concern that this closing date assembly in all four hinge assembly locations Crossings does not provide sufficient time to or install FAA-approved MLG inboard door review the proposed change, hinges and angles made of steel in all four AGENCY: Federal Highway consolidate comments, and submit these hinge assembly locations. Administration (FHWA), DOT. comments to its member organizations (e) Installing a Piper P/N 47529–32 MLG ACTION: Notice of proposed amendment for approval. The NCUTCD only meets inboard door hinge and attachment angle to the Manual on Uniform Traffic in January and June of each year to vote assembly in all four assembly locations or Control Devices (MUTCD), reopening as a full body on proposals and issues installing FAA-approved MLG inboard door and extension of comment period. hinges and angles made of steel in all four relating to the MUTCD. Judging from the number of comments received so far to assembly locations as required by paragraphs SUMMARY: The FHWA is reopening and this docket and considering the large (c) and (d) of this AD is considered extending the comment period for a terminating action for the repetitive amount of materials contained in this notice of proposed amendment to the inspection requirement of this AD. docket, we believe there may be other (f) Special flight permits may be issued in MUTCD which was published January interested persons who need additional accordance with sections 21.197 and 21.199 6, 1997, at 62 FR 691. The original time to respond. of the Federal Aviation Regulations (14 CFR comment period was set to close on The MUTCD is available for 21.197 and 21.199) to operate the airplane to August 30, 1997. This extension inspection and copying as prescribed in a location where the requirements of this AD responds to concern expressed by the 49 CFR part 7, appendix D. It may be can be accomplished. National Committee on Uniform Traffic purchased for $44.00 from the (g) An alternative method of compliance or Control Devices (NCUTCD) that the adjustment of the compliance time that Superintendent of Documents, U.S. August 30 closing date does not provide Government Printing Office, P.O. Box provides an equivalent level of safety may be sufficient time for appropriate response approved by the Manager, Atlanta Aircraft 371954, Pittsburgh, PA 15250–7954, Certification Office (ACO), One Crown to the proposed MUTCD change. The Stock No. 650–001–00001–0. FHWA recognizes that other Center, 1895 Phoenix Boulevard, suite 450, Authority: 23 U.S.C. 315, 49 CFR 1.48. Atlanta, Georgia 30349. commenters may be subject to similar Issued: October 8, 1997. (1) The request shall be forwarded through time constraints and agrees that the an appropriate FAA Maintenance Inspector, comment period should be reopened Gloria J. Jeff, who may add comments and then send it to and extended. Therefore, the closing Acting Federal Highway Administrator. the Manager, Atlanta ACO. date for comments is extended to [FR Doc. 97–27741 Filed 10–20–97; 8:45 am] (2) Alternative methods of compliance December 22, 1997, in order to provide BILLING CODE 4910±22±P approved in accordance with AD 80–26–05 the NCUTCD and other interested (superseded by this action) are not commenters additional time to evaluate considered approved as alternative methods of compliance with this AD. the proposed changes and to submit ENVIRONMENTAL PROTECTION responses. Note 2: Information concerning the AGENCY existence of approved alternative methods of DATES: Submit comments on or before compliance with this AD, if any, may be December 22, 1997. 40 CFR Part 52 obtained from the Atlanta ACO. ADDRESSES: Signed, written comments [TX 57±1±7183: FRL±5911±6] (h) All persons affected by this directive should refer to the docket number that may obtain copies of the document referred appears at the top of this document and Approval and Promulgation of State to herein upon request to The New Piper must be submitted to the Docket Clerk, Implementation Plans (SIP) for Texas: Aircraft, Inc., 2926 Piper Drive,Vero Beach, U.S. DOT Dockets, Room PL–401, 400 Houston Vehicle Miles Traveled (VMT) Florida 32960; or may examine this Offset Plan document at the FAA, Central Region, Office Seventh Street, SW., Washington DC of the Regional Counsel, Room 1558, 601 E. 20590–0001. All comments received AGENCY: Environmental Protection 12th Street, Kansas City, Missouri 64106. will be available for examination at the Agency (EPA). above address between 10 a.m. and 5 (i) This amendment supersedes AD 80–26– ACTION: Proposed rulemaking. 05, mendment 39–3994. p.m., e.t., Monday through Friday, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules 54599

SUMMARY: The EPA is proposing to and implement measures as specified in which prohibits approval of the SIP disapprove the SIP revision submitted section 108(f). The VMT Offsets Plans under sections 110 and 182 of the Act. by the State of Texas for the Houston/ were due to be submitted to EPA by For further information regarding Galveston Area (HGA) severe ozone November 15, 1992. The State submitted EPA’s analysis of the State submittal, nonattainment area to meet the VMT a ‘‘committal’’ SIP to the EPA for VMT refer to the Technical Support offset plan requirements of section 182 offsets for the HGA nonattainment area Document for this action found in the of the Clean Air Act, as amended (the on November 15, 1992. This submittal official docket. Act). The EPA is proposing disapproval committed to submitting subsequent II. Evaluation of Houston VMT SIP because the State’s VMT Offset SIP uses SIPs in 1993 and 1994 to parallel the modeling which relies upon an development of the Rate-of-Progress SIP While the current Texas Motorist Inspection and Maintenance (I/M) revision due November 15, 1993 and the Choice vehicle emission testing program program that was halted. This action is demonstration of attainment SIP appears to fulfill the requirements of the being taken under sections 110 and 182 revision due by November 1994. NHSDA, the Clean Air Act, and Federal of the Act. On November 12, 1993, and I/M Rules, it presents a significant DATES: Comments must be received on November 6, 1994, the State of Texas inconsistency within the VMT Offset or before November 20, 1997. submitted a revision to the SIP for the SIP. This review compares the State’s VMT Offset SIP submittal with the Act ADDRESSES: Written comments on this VMT Offsets Plan to fulfill the to determine compliance with action should be addressed to Mr. ‘‘committal’’ SIP requirement. The Plan requirements in the Act. The following Thomas H. Diggs, Chief, Air Planning was submitted using specific modeling narrative highlights the deficiency and Section, at the EPA Region 6 Office for vehicle emissions based on, among rationale for disapproving this SIP listed below. Copies of the documents other things, a vehicle inspection and maintenance test-only program with revision. relevant to this action are available for The EPA interprets 182(d)(1)(A) to public inspection during normal most vehicles receiving an I/M loaded mode transient emission test known as require sufficient measures be adopted business hours at the following so that projected motor vehicle volatile locations. Persons interested in the ‘‘IM240.’’ EPA approved the I/M program on August 22, 1994 (59 FR organic compound emissions will stay examining these documents should beneath a ceiling level established make an appointment with the 43046). This program began operation in January 1995, before being halted by the through modeling of mandated appropriate office at least 24 hours transportation-related controls. When before the visiting day. Environmental Texas Legislature and Governor. Various states, including Texas, growth in VMT and vehicle trips would Protection Agency, Region 6, Air otherwise cause a motor vehicle Planning Section (6PD-L), 1445 Ross desired greater flexibility in implementing their I/M programs. On emissions upturn, this upturn must be Avenue, Suite 700, Dallas, Texas 75202– prevented by VMT offset measures. If 2733. Texas Natural Resource September 18, 1995, EPA revised and finalized I/M rules that gave states much projected total motor vehicle emissions Conservation Commission, 12100 Park during the ozone season in one year are 35 Circle, Austin, Texas 78711–3087. greater flexibility in implementing I/M programs. One element of the I/M not higher than during the ozone season FOR FURTHER INFORMATION CONTACT: Ms. flexibility amendments included a the year before due to the control Sandra G. Rennie, Air Planning Section provision for a new low enhanced measures in the SIP, the VMT offset (6PD-L), EPA Region 6, 1445 Ross performance standard that would allow requirement is satisfied. Avenue, Dallas, Texas 75202–2733, for less stringent I/M programs if overall In order to make these projections, telephone (214) 665–7367. air quality goals were met. In addition, two curves of vehicle emissions are SUPPLEMENTARY INFORMATION: on November 28, 1995, President calculated. The upper curve includes the effects of mandated controls such as I. Background Clinton signed the National Highway System Designation Act of 1995 reformulated gasoline, Reid Vapor Section 182(d)of the Act, requires (NHSDA) which allowed even greater Pressure control of gasoline, the ozone nonattainment areas classified as flexibility in I/M programs for states, employer trip reduction program, severe or above to develop plans for especially in the area of emission transportation control measures VMT offsets. Section 182(d)(1)(A) reduction estimates. committed to in the 1993 TCM SIP, and requires the State to submit plans which In response to this additional an enhanced I/M program. The lower will identify and adopt specific flexibility, the State of Texas submitted curve is produced by using an enhanced enforceable transportation control a revised I/M program to EPA. The EPA I/M program expanded into additional strategies and Transportation Control proposed conditional interim approval counties and other TCMs. Measures (TCMs) to offset growth in of this new plan on October 3, 1996 (61 The November 15, 1993, VMT Offset vehicle emissions so that, as vehicle FR 51651). As a result, the State of SIP revision included a projection of the trips and vehicle miles traveled Texas has implemented a decentralized mobile source emissions profile for the increase, vehicle emissions stay below testing network which allows for both HGA nonattainment area through the an established ceiling as projected out to test-and-repair and test-only stations, year 2010. The profile included the the attainment date for the National and includes remote sensing. Vehicles effects of required reductions from the Ambient Air Quality Standards for the are subject to a two-speed idle test, and mandatory vehicle I/M program in nonattainment area requiring the VMT an optional Acceleration Simulation Harris and Galveston Counties, Reid Offsets plan. The HGA is classified as a Mode (ASM) loaded mode test. This vapor pressure controls, reformulated severe ozone nonattainment area with program is referred to as the Texas gasoline, an employee trip reduction an attainment deadline of 2007. Motorist Choice Program. Therefore, the program, Stage II vapor recovery for Reduction in vehicle emissions is to be modeling in the VMT Offset SIP is no refueling, and a clean fuel fleets attained as necessary, in combination longer current. The Plan’s modeling program. An estimation of the lowest with other emission reduction does not reflect the Texas Motorist point in these emissions projections was requirements to comply with periodic Choice I/M program; it reflects a established as a ceiling for mobile emissions reduction requirements. program no longer in use. The EPA source emissions. The lower curve States were directed to consider, choose, believes this is a significant deficiency includes the expansion of the enhanced 54600 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules

I/M program into three additional modeling, further emphasizing the need disapproval action, the Administrator counties in 1995 and another three to revise the SIP submittal. must apply one of the sanctions set forth counties in 1997. In summary, the HGA VMT SIP in section 179(b) of the Act. Section The November 6, 1994, submittal submittal is based on out-of-date 179(b) provides two sanctions available included a modification of the mobile modeling and must be revised. Motor to the Administrator: revocation of source emissions projections and ceiling vehicle emission reductions claimed for highway funding and the imposition of level to reflect updated information and the vehicle I/M program will have emission offset requirements. If the methodology as well as TCMs and changed since the SIP revision was administrator imposes the first sanction mobile source controls necessary to submitted in 1993 and 1994. and the deficiency is not corrected achieve VMT offset at least through the Elimination of the ETR program by the within six months, the second sanction year 2010. State eliminates the use of ETR emission shall apply. The sanctions shall apply The final emissions estimates for reductions in the VMT SIP modeling until the administrator determines that Volatile Organic Compounds (VOCs) demonstration. Based on the above the State has come into compliance. were obtained by multiplying the VMT analysis, EPA cannot approve the HGA This sanctions process is set forth in 40 times the vehicle emissions factor. VMT SIP. CFR 52.31. Today’s action serves only to Vehicle miles traveled data was III. Proposed Action propose disapproval of the State’s generated from the Texas Travel revision, and does not constitute final The EPA proposes to disapprove the Demand Package developed and agency action. Thus, the sanctions HGA VMT Offset SIP under sections maintained by the Texas Department of process described above does not 110(k) and 182 of the Act because one Transportation. Transit mode-choice commence with today’s action. The 18 or more of the elements of the VMT SIP estimates were performed by the month period for the State to correct the submitted on November 12, 1993, and deficiency would begin upon the Metropolitan Transit Authority using August 16, 1994, are incorrect. The effective date of a final disapproval their mode choice models. Mobile VMT SIP submittal represents vehicle source emission factors were obtained action. emission credits at one level based on Nothing in today’s action should be using the MOBILE5a model approved by modeling using a test-only I/M loaded construed as permitting or allowing or EPA. Results of the updated modeling mode transient emission test (IM240). establishing a precedent for any future demonstration are found in Appendix B That particular program was halted after request for revision to any SIP. Each of the 1994 SIP submittal. The a few weeks of operation. The State has request for revision to the SIP shall be MOBILE5a model estimated emissions since chosen to implement a different considered separately in light of specific based on a number of input parameters. program, the Texas Motorist Choice technical, economic, and environmental Among these were I/M program type Program, which is a test and repair factors and in relation to relevant and test type. The estimates were program with a two-speed idle test or statutory and regulatory requirements. obtained using a test only I/M program ASM loaded mode test, in a reduced type with either a loaded/idle test or a geographic area, plus remote sensing to IV. Administrative Requirements transient test. The geographic coverage cover the outlying commuter areas. It is A. Executive Order 12866 of the I/M program in the Houston area EPA’s position that the emission was assumed to cover eight counties to reduction credits for the Texas Motorist The Office of Management and Budget include the commuting areas Choice Program will be significantly has exempted this regulatory action surrounding Harris County. different than those for an IM240 test from Executive Order 12866 review. In the Texas Motorist Choice I/M only program. Consequently, the B. Regulatory Flexibility Act Program, adopted by the State and in projected motor vehicle emissions in the operation, not only has the program August 16, 1994, VMT Offset SIP Under the Regulatory Flexibility Act, type changed to primarily a test-and- submittal are incorrect. They are based 5 U.S.C. 600 et seq., EPA must prepare repair format, but the majority of the test on an I/M program that is not in a regulatory flexibility analysis stations offer only the loaded/idle test. existence. They also do not reflect the assessing the impact of any proposed or In addition, the geographic area for projections of the new program. final rule on small entities. See 5 U.S.C. mandatory testing has been reduced to In addition, due to the elimination of 603 and 604. Alternatively, EPA may just Harris County, with remote testing the ETR program, the modeling is based certify that the rule will not have a proposed, but not yet implemented, to on incorrect information. Therefore, the significant impact on a substantial monitor traffic coming into Harris emission reductions projected could not number of small entities. Small entities County from the surrounding counties. be reflecting the trends of VMT in the include small businesses, small not-for- With these major changes in mobile Houston area. profit enterprises, and government source emission parameters, the The State recently approved and entities with jurisdiction over modeling may project different submitted a revision to the HGA VMT populations of less than 50,000. estimates of mobile source emissions, offset SIP to correct concerns raised in The EPA’s proposed disapproval of thereby impacting the emission levels this notice. We expect to review and the State request under sections 110 and projected to demonstrate the VMT take appropriate action on the latest 301, and subchapter I, part D of the Act Offset SIP requirements of the Act. The revision rather than finalize this does not affect any existing submitted SIP does not reflect any of the disapproval. requirements applicable to small changes discussed above. Under section 179(a)(2), if the EPA entities. Any preexisting Federal Employee Trip Reduction (ETR) Administrator takes final disapproval requirements remain in place after this programs are no longer required under action on a submission under section proposed disapproval. Federal the Act. Texas has dropped its ETR 110(k) for an area designated disapproval of the State submittal does program and requested a withdrawal of nonattainment based on the not affect its State-enforceability. the ETR program from the SIP. submission’s failure to meet one or more Moreover, the EPA’s disapproval of the However, ETR credits were used in of the elements required by the Act, and submittal does not impose any new modeling VMT offsets. The ETR credits the deficiency is not corrected within 18 Federal requirements. Therefore, the can no longer be used in VMT months of the effective date of the final EPA certifies that this proposed Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules 54601 disapproval action does not have a ENVIRONMENTAL PROTECTION List of Subjects in 40 CFR Part 52 significant impact on a substantial AGENCY Environmental protection, Air number of small entities because it does pollution control, Carbon monoxide, 40 CFR Part 52 not remove existing requirements, nor Hydrocarbons, Incorporation by does it impose any new Federal [VA079±5020b; FRL±5910±1] reference, Intergovernmental relations, requirements. Nitrogen dioxide, Ozone, Reporting and Approval and Promulgation of Air recordkeeping requirements. C. Small Business Regulatory Quality Implementation Plans; Enforcement Fairness Act Commonwealth of Virginia, General Authority: 42 U.S.C. 7401–7671q. Conformity Rule Dated: September 29, 1997. Under section 801(a)(1)(A) of the Thomas Voltaggio, Administrative Procedures Act (APA) as AGENCY: Environmental Protection Acting Regional Administrator, Region III. amended by the Small Business Agency (EPA). [FR Doc. 97–27845 Filed 10–20–97; 8:45 am] Regulatory Enforcement Fairness Act of ACTION : Proposed rule. BILLING CODE 6560±50±P 1996, EPA submitted a report containing this rule and other required information SUMMARY: EPA proposes to approve the to the U.S. House of Representatives and State Implementation Plan (SIP) ENVIRONMENTAL PROTECTION the Comptroller General of the General revision submitted by the AGENCY Accounting Office prior to publication Commonwealth of Virginia for the of the rule in today’s Federal Register. purpose of establishing the 40 CFR PART 62 requirements for determining This rule is not a ‘‘major rule’’ as [NM±33±1±7331b; FRL±5911±1] defined by section 804(2) of the APA as conformity of general federal actions to applicable air quality implementation amended. Approval and Promulgation of State plans (General Conformity). In the Final Air Quality Plans for Designated Rules section of this Federal Register, D. Unfunded Mandates Act Facilities and Pollutants, New Mexico; EPA is approving the Commonwealth’s Control of Landfill Gas Emissions Under section 202 of the Unfunded SIP revisions as a direct final rule From Existing Municipal Solid Waste Mandate Reform Act of 1995, signed without prior proposal because the Landfills into law on March 22, 1995, EPA must Agency views them as noncontroversial prepare a budgetary impact statement to SIP revisions and anticipates no adverse AGENCY: Environmental Protection accompany any proposed or final rule comments. A detailed rationale for the Agency (EPA). that includes a Federal mandate that approval is set forth in the direct final ACTION: Proposed rulemaking. may result in estimated costs to State, rule. If no adverse comments are local or tribal governments in aggregate; received in response to this proposed SUMMARY: This document proposes or to the private sector, of $100 million rule, no further activity is contemplated approval of the New Mexico State Plan or more. Under section 205, EPA must in relation to this rule. If EPA receives for controlling landfill gas emissions select the most cost-effective and least adverse comments, the direct final rule from existing municipal solid waste burdensome alternative that achieves will be withdrawn and all public landfills. The plan was submitted to the objectives of the rule and is comments received will be addressed in fulfill the requirements of the Clean Air consistent with statutory requirements. a subsequent final rule based on this Act. The State Plan establishes emission Section 203 requires EPA to establish a proposed rule. EPA will not institute a limits for existing MSW landfills, and plan for informing and advising any second comment period on this action. provides for the implementation and small governments that may be Any parties interested in commenting enforcement of those limits, except on this action should do so at this time. significantly or uniquely impacted by those located in Indian Country. Please the rule. DATES: Comments must be received in see the direct final rule of this action writing by November 20, 1997. located elsewhere in today’s Federal The EPA has determined that the ADDRESSES: Comments may be mailed to Register for a detailed description of the proposed disapproval action does not David L. Arnold, Chief, Ozone/CO & State Plan. include a Federal mandate that may Mobile Sources Section, Mailcode DATES: Comments on this proposed rule result in estimated costs of $100 million 3AT21, Environmental Protection must be postmarked by November 20, or more to either State, local, or tribal Agency, Region III, 841 Chestnut 1997. If no adverse comments are governments in the aggregate, or to the Building, Philadelphia, Pennsylvania received, then the direct final rule is private sector. This Federal action does 19107. Copies of the documents relevant effective on December 22, 1997. not impose new requirements. to this action are available for public ADDRESSEES: Comments should be Accordingly, no additional costs to inspection during normal business mailed to Thomas H. Diggs, Chief, Air State, local, or tribal governments, or hours at the EPA office listed above; and Planning Section (6PD–L), EPA Region private sector, result from this action. the Virginia Department of 6, 1445 Ross Avenue, Dallas, Texas Environmental Quality, 629 East Main List of Subjects in 40 CFR Part 52 75202–2733. Copies of the State’s plan Street, Richmond, Virginia 23219. and other information relevant to this Environmental protection, Air FOR FURTHER INFORMATION CONTACT: Rose action are available for inspection pollution control, Hydrocarbons, Ozone, Quinto, (215) 566–2182, at the EPA during normal hours at the following Volatile organic compounds. Region III address above. locations: Dated: October 8, 1997. SUPPLEMENTARY INFORMATION: See the Environmental Protection Agency, information provided in the Direct Final Region 6, Air Planning Section (6PD– Jerry Clifford, action of the same title (Virginia General L), 1445 Ross Avenue, Suite 700, Acting Regional Administrator. Conformity Rule) which is located in Dallas, Texas 75202–2733. [FR Doc. 97–27848 Filed 10–20–97; 8:45 am] the Rules and Regulations section of this New Mexico Environment Department, BILLING CODE 6560±50±P Federal Register. Air Quality Program, 1190 St. Francis 54602 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules

Drive, Harold Runnels Bldg., Santa Fe, NM 87501. Anyone wishing to review this plan at the Region 6 EPA office is asked to contact the person below to schedule an appointment 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote, Air Planning Section (6PD– L), EPA Region 6, telephone (214) 665– 7219. SUPPLEMENTARY INFORMATION: See the information provided in the Direct Final rule which is located in the Rules Section of this Federal Register. List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Paper and paper products industry, Sulfuric acid plants, Sulfuric oxides, Landfill gas emissions from municipal solid waste landfills. Authority: 42 U.S.C. 7401–7671q. Dated: October 7, 1997. Jerry Clifford, Acting Regional Administrator. [FR Doc. 97–27850 Filed 10–20–97; 8:45 am] BILLING CODE 6560±50±P 54603

Notices Federal Register Vol. 62, No. 203

Tuesday, October 21, 1997

This section of the FEDERAL REGISTER 13. Docket P–CON–96–03, re: producers about the functions of NASS contains documents other than rules or Delegating Authority for CCC and the uses of survey data. The proposed rules that are applicable to the Conservation Programs. importance of unbiased NASS estimates public. Notices of hearings and investigations, 14. Docket CZ–332, Rev. 1, re: Food and the potential consequences of committee meetings, agency decisions and for Progress Program. estimates being unavailable are rulings, delegations of authority, filing of petitions and applications and agency CONTACT PERSON FOR MORE INFORMATION: expected to be a major part of the statements of organization and functions are Juanita B. Daniels, Acting Secretary, program. Ways to disseminate this examples of documents appearing in this Commodity Credit Corporation, Stop message will also be investigated. Data section. 0571, U.S. Department of Agriculture, users will be surveyed to gain insight 1400 Independence Avenue SW, into uses of NASS data. Data providers Washington, D.C. 20250–0571. will be surveyed to obtain their COMMODITY CREDIT CORPORATION opinions of how NASS survey data are Dated: October 16, 1997. used. These data will be collected under Sunshine Act Meeting Juanita B. Daniels, the authority of 7 U.S.C. 2204(a). Acting Secretary, Commodity Credit Individually identifiable data collected TIME AND DATE: 2:00 p.m., November 3, Corporation. under this authority are governed by 1997. [FR Doc. 97–27928 Filed 10–16–97; 4:34 pm] Section 1770 of the Food Security Act PLACE: Room 104–A, Jamie Whitten BILLING CODE 3410±05±P of 1985, 7 U.S.C. 2276, which requires Building, U.S. Department of USDA to afford strict confidentiality to Agriculture, Washington, D.C. non-aggregated data provided by STATUS: Open. DEPARTMENT OF AGRICULTURE respondents. Estimate of Burden: Public reporting MATTERS TO BE CONSIDERED: National Agricultural Statistics Service burden for this collection of information is estimated to average 10 minutes per 1. Approval of the Minutes of the Notice of Intent To Seek Approval To Special Open meeting of February 5, response. Conduct an Information Collection Respondents: Subscribers to National 1996. Agricultural Statistics Service 2. Memorandum re: Update of AGENCY: National Agricultural Statistics Service, USDA. commodity reports and producers (data Commodity Credit Corporation (CCC)- providers to NASS commodity reports). Owned Inventory. ACTION: Notice and request for Estimated Number of Respondents: 3. Memorandum re: Commodity comments. 1,000 report subscribers and 4,000 Credit Corporation’s (CCC’s) Financial SUMMARY: In accordance with the producers. Condition Report. Estimated Total Annual Burden on Paperwork Reduction Act of 1995 (Pub. 4. Memorandum re: Resolution for Respondents: 833 hours. L. 104–13) and Office of Management Docket CZ–266, Resolution No. 33, Copies of this information collection and Budget (OMB) regulations at 5 CFR Amendment 2, ratification of and related instructions can be obtained Part 1320 (60 FR 44978, August 29, Commodities Available for Public Law without charge from Larry Gambrell, the 1995), this notice announces the 480 during Fiscal Year 1996. Agency OMB Clearance Officer, at (202) National Agricultural Statistics Service’s 720–5778. 5. Resolution re: Amendment of (NASS) intention to request approval for Bylaws of the Commodity Credit a new information collection, the Comments Corporation. Respondent Information Evaluation. 6. Resolution re: Termination of Comments are invited on: (a) Whether DATES: Comments on this notice must be the proposed collection of information Obsolete CCC Board Dockets. received by December 26, 1997 to be is necessary for the proper performance 7. Resolution re: Amendment of assured of consideration. of the functions of the agency, including Dockets Requiring Only a Change in ADDITIONAL INFORMATION: whether the information will have Nomenclature. Contact Rich Allen, Associate Administrator, practical utility; (b) the accuracy of the 8. Docket GCX–326, Rev. 1, re: Market National Agricultural Statistics Service, agency’s estimate of the burden of the Access Program for Fiscal Year 1996 U.S. Department of Agriculture, 1400 proposed collection of information and Subsequent Years. Independence Avenue SW, Room 4117 including the validity of the 9. Docket GCZ–136, Rev. 2, re: Policy South Building, Washington, D.C. methodology and assumptions used; (c) with Respect to Establishment of 20250–2000, (202) 720–4333. ways to enhance the quality, utility, and Valuation Reserves Against Assets of the clarity of the information to be Commodity Credit Corporation. SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the 10. Docket CZ–266, Rev. 2, re: Title: Respondent Information burden of the collection of information Operations Under Agricultural Trade Evaluation. on those who are to respond, including Development and Assistance Act. Type of Request: Intent to seek through the use of appropriate 11. Docket CZ–148, Rev. 4 re: Capital approval to conduct an information automated, electronic, mechanical, or Fund Commitments and Control of collection. other technological collection Valuation Reserves Against Assets of the Abstract: The NASS is initiating a techniques or other forms of information Commodity Credit Corporation. coordinated effort to increase survey technology. Comments may be sent to: 12. Docket P–CON–96–02, re: cooperation. This effort will include the Larry Gambrell, Agency OMB Clearance Environmental Activities. development of a program to educate Officer, U.S. Department of Agriculture, 54604 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

1400 Independence Avenue SW, Room eliminate much of the existing CIR SUMMARY: This notice (1) consolidates 4162 South Building, Washington, D.C. program and divert those resources to the original plan and the two 20250–2000. the new survey. subsequent amendments into a single All responses to this notice will be Before we give additional document for better understanding and summarized and included in the request consideration to implementation, we are ease of use; (2) documents the for OMB approval. All comments will planning to test the concept. We plan to procedures by which the equivalent of also become a matter of public record. select a sample of approximately 2,900 locality-based comparability payments Signed at Washington, D.C., October 3, companies and ask them to report their are applied at the National Institute of 1997. company level product shipments for Standards and Technology (NIST); (3) Rich Allen, data year 1997. We have drafted specifies how to determine the General Acting Administrator, National Agricultural questionnaires and developed reporting Schedule (GS) grade and rates of pay for Statistics Service. instructions. We plan to compare the employees who leave the NIST [FR Doc. 97–27748 Filed 10–20–97; 8:45 am] results of this test collection to data alternative personnel management from the CIR program and the 1997 system; (4) allows NIST to remove from BILLING CODE 3410±20±P Census of Manufactures. Those the pay-for-performance system any comparisons and the results of response positions not filled by career or career- follow-up to the test survey should help conditional appointment; and (5) DEPARTMENT OF COMMERCE us determine if this type of survey is corrects, simplifies, and clarifies the Submission for OMB Review; feasible and likely to produce the results project plan. Comment Request our data users need. EFFECTIVE DATE: October 21, 1997. Affected Public: Business or other for- DOC has submitted to the Office of profit. FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) for Frequency: One-time. Allen Cassady at NIST on (301) 975– clearance the following proposal for Respondent’s Obligation: Mandatory. 3031; Gail Redd at OPM on (202) 606– collection of information under the Legal Authority: Title 13 U.S.C., 1521. provisions of the Paperwork Reduction Section 182. SUPPLEMENTARY INFORMATION: Act (44 U.S.C. chapter 35). OMB Desk Officer: Jerry Coffey, (202) Agency: Bureau of the Census. 395–7314. 1. Background Title: Annual Commodity Survey Copies of the above information In accordance with Public Law 99– Test. collection proposal can be obtained by 574, the NIST authorization act for Form Number(s): MA25Z, MA28X, calling or writing Linda Engelmeier, 1987, OPM approved a demonstration MA28Z. DOC Forms Clearance Officer, (202) project plan, ‘‘Alternative Personnel Agency Approval Number: None. 482–3272, Department of Commerce, Management System at the National Type of Request: New collection. room 5312, 14th and Constitution Burden: 4,380 hours. Institute of Standards and Technology,’’ Avenue, NW, Washington, DC 20230. and published the plan in the Federal Number of Respondents: 2,900. Written comments and Avg Hours Per Response: 1.5 hours. Register on October 2, 1987 (52 FR recommendations for the proposed 37082). The project plan has been Needs and Uses: The proposed information collection should be sent information collection is a test of an modified two times to clarify certain within 30 days of publication of this NIST authorities (54 FR 21331 of May alternate method of collecting notice to Jerry Coffey, OMB Desk manufacturers’ product shipments data. 17, 1989, and 54 FR 33790 of August 16, Officer, room 10201, New Executive 1989), and to revise the performance Currently, we collect product class Office Building, Washington, DC 20503. shipments from the establishments in appraisal and pay administration the Annual Survey of Manufactures Dated: October 15, 1997. systems to better link pay with (ASM) and product shipments in the W. Dan Haigler, performance (55 FR 19688 of May 10, Census of Manufactures every five Acting Departmental Forms Clearance 1990, and 55 FR 39220 of September 25, years. We also collect product Officer, Office of Management and 1990). shipments for various products from a Organization. In a letter to NIST dated December 30, combination of companies and [FR Doc. 97–27820 Filed 10–20–97; 8:45 am] 1993, OPM offered two options to NIST establishments in the Current Industrial BILLING CODE 3510±07±P for implementing locality pay beginning Reports (CIR) series. The data from the in January 1994. Option 1 would have CIR, while quite detailed, do not cover required implementation of locality pay all manufactured products. The data DEPARTMENT OF COMMERCE in a manner as close as possible to the from the ASM, while comprehensive, implementation for GS employees. National Institute of Standards and Locality pay would have been separate does not provide sufficient detail for Technology some users. from basic pay and would have counted The Census Bureau would like to [Docket No. 970811195±7195±01] as basic pay for the same limited design a survey that would satisfy the purposes for which it is basic pay for GS need for both comprehensive and more Alternative Personnel Management employees (5 CFR 531.606(b)). Option 2 detailed product data. The survey System (APMS) at the National would allow NIST to incorporate the would collect detailed product Institute of Standards and Technology equivalent of locality pay into its own shipments data from a sample of all AGENCY: National Institute of Standards basic pay package. manufacturing companies. The survey and Technology, Department of NIST chose Option 2. Adjustments in would cover all manufacturers’ products Commerce. pay band ranges and in eligible at greater detail than the current ASM employees’ basic pay rates are made at ACTION: Notice of consolidation and but less detail that is available in the the time of GS general and/or locality republication of a demonstration project existing CIR. If it is possible to pay increases. Pay rates under the NIST plan as a permanent system pursuant to successfully design such a survey, we Alternative Personnel Management Public Law 104–113. could reduce the size of the ASM and System (NIST APMS) will be basic pay Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54605 for all purposes except those (4) employees shall be evaluated preparation of reports which, based on specifically stated in this notice. under a performance appraisal system appropriate surveys— This notice formally changes the which— (A) shall include findings as to— project plan to clarify how locality pay (A) uses peer comparison and ranking (i) the extent to which, as of the is applied at NIST. It also documents or wherever appropriate; and commencement of the demonstration clarifies any administrative change (B) affords appeal rights comparable project, the overall average level of made by OPM under its authority on to those afforded under chapter 43 of compensation provided with respect to other pay-related matters. title 5, United States Code; positions under the demonstration (5) the rate of basic pay of each project is deficient in comparison to the 2. Public Law 99–574, National Bureau participating employee will be reviewed overall average level of compensation of Standards Authorization Act For annually, and shall be adjusted on the generally provided with respect to Fiscal Year 1987 basis of the appraised performance of positions involving the same types and Because many elements of the NIST the employee; and levels of work in the private sector; and APMS were originally required by (B) subject to subsection (c)(4)(A)(i), (ii) with respect to each year Section 10 of Pub. L. 99–574, the the adjustment under subparagraph (A) thereafter, any net increase occurring complete text of Section 10 is presented in any year in the case of any employee during such year in the extent of the here. whose performance is rated at the fully deficiency in the overall average level of successful level or higher shall be at compensation provided with respect to Demonstration Project Relating to least the percentage adjustment taking positions under the demonstration Personnel Management effect under subsection (c)(3) in such project, as compared to the overall Sec. 10(a)(1) The Office of Personnel year; average level of compensation generally Management and the National Bureau of (6) appropriate supervisory and provided with respect to positions Standards shall jointly design a managerial pay differentials (which involving the same types and levels of demonstration project which shall be shall be considered a part of basic pay) work in the private sector; and conducted by the Director of the shall be provided; (B) shall recommend a single National Bureau of Standards. (7) performance-recognition bonuses, percentage by which basic pay for all (2) The demonstration project shall, and recruitment and retention positions under the demonstration except as otherwise provided in this allowances, shall be awarded in project must be increased so that, when section, be conducted in accordance appropriate circumstances, (but shall considered in conjunction with the with section 4703 of title 5, United not be considered a part of basic pay); other forms of compensation generally States Code, and shall be counted as a (8) there shall be an employee provided, any net increase determined single project for purposes of subsection development program which includes under subparagraph (A)(ii) will be (d)(2) of such section. provisions under which employees may, eliminated. (3) Subject to subsections (f) and (g) in appropriate circumstances, be (3) Whenever the Director of the of section 4703 of title 5, United States granted sabbaticals, the terms and National Bureau of Standards receives a Code, the demonstration project shall conditions of which shall be consistent recommendation under paragraph cover any position within the National with those applicable for members of (2)(B), the Director— Bureau of Standards which would the Senior Executive Service under (A) shall increase the minimum and otherwise be subject to— section 3396(c) of title 5, United States maximum rates of basic pay for each (A) subchapter III of chapter 53 of title Code (excluding paragraph (2)(B) such pay band by the lesser of— 5, United States Code, relating to the thereof); (i) the percentage recommended; or General Schedule; (9) payment of travel expenses shall (ii) the overall average percentage of (B) subchapter VIII of chapter 53 of be provided for personnel to their first the adjustment in the rates of pay under title 5, United States Code, relating to post of duty in the same manner as is the General Schedule under section the Senior Executive Service; or authorized for members of the Senior 5305 of title 5, United States Code, for (C) chapter 54 of title 5, United States Executive Service under section 5723 of the period involved; and Code, relating to the Performance title 5, United States Code, at the (B) if and to the extent that funds are Management and Recognition System. discretion of the Director; and available for that purpose, may further (b) Under the demonstration project, (10) the methods of establishing increase those minimum and maximum the Director of the National Bureau of qualification requirements for, rates— Standards shall provide that— recruitment for, and appointment to (i) to make up for any part of the (1) the rate of basic pay for a position positions shall, at the discretion of the difference between the respective may not be less than the minimum rate Director, include methods involving percentages under subparagraph (A), if of basic pay, nor more than the direct examination and hiring. the percentage under subparagraph maximum rate of basic pay, payable for (c)(1) For the purpose of this (A)(ii) is the lesser; and the pay band (as referred to in paragraph subsection, the term ‘‘compensation’’ (ii) after making up for the entirety of (3)) within which such position has means the total value of the various any difference determined under clause been placed; forms of compensation provided, (i) (including from any previous year), (2) the minimum and maximum rates including— to eliminate any part of any remaining of basic pay for each pay band shall be (A) basic pay; deficiency as originally determined adjusted at the times, and by the (B) bonuses; under paragraph (2)(A)(i). amounts, provided for under subsection (C) allowances; (4)(A) Notwithstanding any other (c); (D) retirement benefits; provision of this section— (3) positions shall be classified under (E) health insurance benefits; (i) the maximum rate of basic pay a system using pay bands which shall be (F) life insurance benefits; and payable under any pay band may not established by combining or otherwise (G) leave benefits. exceed the rate of basic pay payable for modifying the classes, grades, or other (2) The Director of the National level IV of the Executive Schedule; and units which would otherwise be used in Bureau of Standards shall, by contract (ii) the amount of basic pay, bonuses, classifying the positions involved; or otherwise, provide for the and allowances paid during any fiscal 54606 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices year to any employee participating in provided in subparagraph (B), taking Section 10. PERSONNEL the demonstration project may not, in into account the performance The personnel management the aggregate, exceed the annual rate of requirements applicable to such demonstration project established under basic pay payable for level I of the increase. section 10 of the National Bureau of Executive Schedule. (B) For purposes of subparagraph (A), Standards Authorization Act for Fiscal (B)(i) Any amount which is not paid the pro rata share of an equivalent Year 1987 (15 U.S.C. 275 note) is to an employee during a fiscal year increase referred to in such extended indefinitely. because of the limitation under subparagraph shall be computed subparagraph (A)(ii) shall be paid in a National Institute of Standards and through the day before the date referred Technology. lump sum at the beginning of the to in such subparagraph. Robert E. Hebner, following fiscal year. (e)(1)(A) In carrying out section (ii) Any amount paid under this Acting Director. 4703(h) of title 5, United States Code, subparagraph during a fiscal year shall with respect to the demonstration System Plan be taken into account for purposes of project, the Office of Personnel applying the limitation under The NIST alternative personnel Management shall provide that such subparagraph (A)(ii) with respect to management system plan reads as project will be evaluated on an annual such fiscal year. follows. (5) Notwithstanding any other basis by a contractor. Such contractor shall be especially qualified to perform An Alternative Personnel Management provision of this section, the System To Improve the Ability of the demonstration project shall be the evaluation based on its expertise in matters relating to personnel National Institute of Standards and conducted in such a way so that, with Technology to Attract Highly Qualified respect to the 12-month period management and compensation. (B) The contractor shall report its Candidates, Motivate Employees, and beginning on October 1, 1986, the total Retain Successful Performers cost to the Government relating to findings to the Office in writing. After providing compensation to participating considering the report, the Office shall Introduction transmit a copy of the report, together employees shall not exceed the total Executive Summary cost which would have resulted if this with any comments of the Office and section has not been enacted. any comments submitted by the The NIST APMS was designed by the (6)(A) If the minimum rate of basic National Bureau of Standards, to— National Institute of Standards and pay for a pay band, after an increase (i) the Committee on Post Office and Technology, in cooperation with the under paragraph (3)(A), exceeds the rate Civil Service, and the Committee on U.S. Department of Commerce (DoC) of basic pay payable to an employee Science and Technology, of the House and the Office of Personnel Management whose position would otherwise be of Representatives; and (OPM). The NIST APMS was built on within such pay band, the employees’s (ii) the Committee on Governmental the concepts of: (1) Market sensitivity; position may, notwithstanding Affairs, and the Committee on (2) performance; (3) administrative subsection (b)(1), be placed in the next Commerce, Science, and Transportation, simplicity; (4) management flexibility lower pay band. of the Senate. and accountability; and (5) Broad (B) Placement of a position in a lower (2) The Comptroller General shall, not applicability. pay band under subparagraph (A) shall later than 4 years after the date on The NIST APMS system was designed not be considered a reduction in grade which the demonstration project to (1) improve hiring and allow NIST to or pay for purposes of subchapter II of commences, submit to each of the compete more effectively for high- chapter 75 of title 5, United States Code, committees referred to in paragraph quality researchers, through direct or a comparable provision under the (1)(B) a final report concerning such hiring, selective use of higher entry project. project. Such report shall include any salaries, and selective use of recruiting (d)(1) The rate of basic pay for an recommendations for legislation or allowances; (2) motivate and retain staff, employee serving in a position at the other action which the Comptroller through higher pay potential, pay-for- time it is converted to a position General considers appropriate. performance, more responsive covered by the demonstration project personnel systems, and selective use of (f) The authority to enter into any may not be reduced by reason of the retention allowances; (3) strengthen the contract under this section may be establishment of such project. manager’s role in personnel (2)(A) Each employee referred to in exercised only to such extent or in such management, through delegation of paragraph (1) shall be paid— amounts as are provided in advance in personnel authorities; and (4) increase (i) in the case of an employee serving appropriated Acts. the efficiency of personnel systems, in a position under the General (g) The demonstration project shall through installation of a simpler and Schedule on the date the position commence not later than January 1, more flexible classification system becomes covered by the demonstration 1988. based on pay banding, through project, a lump-sum pro rata share of the After the initial five years of the reduction of guidelines, steps, and equivalent of any within-grade increase project, OPM twice extended the project paperwork in classification, hiring, and which would have been due the administratively. The first extension other personnel systems, and through employee under section 5335 of title 5, extended the project from December 30, automation. United States Code, computed as 1992 through September 30, 1995. The provided in subparagraph (B), and second extension would have extended Participating Organizations (ii) in the case of an employee serving the project until September 30, 1998. All sites of the National Institute of in a position subject to chapter 54 of However, the NIST personnel Standards and Technology participate title 5, United States Code, on such date, management demonstration project was in the NIST APMS. The two main sites a lump sum pro rata share of the extended indefinitely by Section 10 of are located at Gaithersburg, Maryland, equivalent of the employee’s merit the National Technology Transfer and which is also the headquarters of NIST, increase which would have been due Advancement Act of 1995 (Public Law and at Boulder, Colorado. The two main under such chapter, computed as 104–113, March 7, 1996): sites are similar in employment profiles, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54607 with the following exceptions: (1) about APMS. It is incorporated in the new management analysis. Examples of 85 percent of employees covered by the career-path/pay-band system. The step occupational series in this career path NIST APMS are located at the increases of the General Schedule are are 080—Security Officer, 201— Gaithersburg site; and (2) all Operating replaced by the annual performance pay Personnel Management Specialist, Unit (OU) Directors are located in increases. Except as otherwise provided 340—Program Manager, 341— Gaithersburg. A small number of in the NIST APMS plan, laws and Administrative Officer, 510— covered employees may from time to regulations pertaining to GS employees Accountant, 560—Budget Analyst, time work at sites other than (e.g., overtime pay provisions) continue 1082—Writer-Editor, and 1410— Gaithersburg or Boulder. in force for all NIST APMS employees Librarian. Types and Numbers of Participating in the same way as they do for GS employees. (d) Support (ZS): clerical, assistant, Employees secretarial, police, firefighter, and other The NIST APMS covers Position Classification support positions not fitting the approximately 3150 NIST employees. Introduction definition of any of the other career paths. Examples of occupational series Labor Participation The objectives of the NIST in this career path are 081—Firefighter, classification system are to simplify the A few General Schedule employees at 203—Personnel Clerk/Assistant, 305— classification process, make the process the Gaithersburg site are represented by Mail and File clerk, 318—Secretary, the International Association of more serviceable and understandable, 525—Accounting Technician, 1105— Firefighters (IAFF) and the International and delegate decision-making authority Purchasing Agent, 1106—Procurement Association of Machinists and and accountability to line managers. Clerk/Assistant, 1141—Library Aerospace Workers, AFL–CIO; and at Coverage the Boulder site by the American Technician, and 2102—Transportation Federation of Government Employees All former General Schedule positions Clerk/Assistant. at NIST are included in the NIST APMS. (AFGE). NIST consults and negotiates Pay Bands with these unions, as appropriate, in Career Paths accordance with 5 U.S.C. 4703(f). Each career path is divided into five A career path aggregates comparable pay bands, which replace GS grades. Senior Executive Service (SES) and ST– occupations that have parallel career The maximum rate of a pay band is step 3104 Positions patterns and are suitable for similar 10 of the highest GS grade in the band, The personnel systems for SES treatment in staffing, classification, pay, including locality rates. When a special and other personnel functions. positions (see 5 U.S.C. 3131–3136 and 5 rate for one or more of the occupations There are four career paths at NIST: U.S.C. 5381–5385) did not change for in the band is higher than the applicable the NIST APMS. SES classification, (a) Scientific and Engineering (ZP): research, policy, staff, and managerial locality rate, NIST has the option of staffing, compensation, performance using the maximum applicable special appraisal, awards, and reduction in positions in science, engineering, rate to set the maximum rate of the force are based on standard SES computing, and mathematics. Examples band. methods. The personnel systems for ST– of occupational series in this career path 3104 positions (see 5 U.S.C. 3104 and are 401—Biologist, 801—General For each regular pay band, there is a 5376) changed only to the extent that Engineer, 830—Mechanical Engineer, corresponding supervisory pay band for ST–3104 positions are in the same 855—Electronics Engineer, 1301— employees who receive supervisory pay performance appraisal, awards, and General Physical Scientist, 1310— differentials. The supervisory pay band reduction in force systems as General Physicist, 1320—Chemist, 1520— has the same minimum rate as the non- Schedule positions. Classification, Mathematician, and 1530—Statistician. supervisory band, but has a maximum staffing, and compensation, however, (b) Scientific and Engineering rate 6 percent higher than the maximum did not change. Neither SES nor ST– Technician (ZT): science and rate of the non-supervisory band. 3104 employees were subject to the pro engineering support positions. Positions in the supervisory pay bands rata share payouts upon conversion to Examples of occupational services in include positions with formal the NIST APMS system. Pay this career path are 332—Computer supervisory authority over at least three adjustments for their positions under Operator, 802—Engineering Technician, positions and other positions approved 856—Electronics Technician, 1311— the NIST APMS are carried out in by the Personnel Management Board Physical Science Technician, and accordance with existing Federal rules (PMB) on a case-by-case basis. pertaining to SES and ST–3104 pay 1521—Mathemathics Technician. adjustments. (c) Administrative (ZA): specialist The chart below shows the four NIST positions in such fields as finance, APMS career paths, the pay bands in General Schedule (GS) Positions procurement, human resources each career path, and the relationship The GS category no longer exists as an management, public information, between pay bands and General identified category under the NIST technical information, accounting, and Schedule grades.

NIST CAREER PATHS AND PAY BANDS

GS Grades 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

CAREER PATHS BANDS Scientific and Engineering ...... I II III IV V Scientific and Engineering ...... I II III IV V Administrative (ZA) ...... I II III IV V Support (ZS) ...... I II III IV V 54608 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Occupational Series occupations for which there is a special Referral Procedures for Direct The General Schedule occupational rate under the General Schedule pay Examination and Hiring and Agency- series are retained. New occupational system constitute a shortage category; Based Staffing Authorities series may be added or deleted in all occupations at Band III and above in NIST uses either direct referral or response to programmatic needs. New the ZP Career Path constitute a shortage rating and ranking to refer applicants or revised series may also be category; and Nuclear Reactor Operator for vacancies under direct-hire and established. positions at Pay Band III and above in agency-based staffing authorities. the ZT Career Path constitute a shortage 1. Direct Referral NIST Classification Standards category. Any position in these three Each NIST classification standard shortage categories may be filled A qualified candidate may be referred describes each pay band in two factors: through direct-hire procedures. directly without rating and ranking: (1) general duties and responsibilities, a. when there are no more than three and (2) knowledges, skills, and abilities. Direct Hire: Critical Shortage Highly qualified candidates and no preference These two factors complement each Qualified Candidates eligibles; or other at each pay band in a career path b. if the candidate is a preference NIST uses direct-hire procedures for and may not be separated in classifying eligible with a compensable service- additional positions for which there is a position. OPM classification standards connected disability of 10 percent or are not used. a shortage of highly qualified more (these preference eligibles are candidates. Candidates for positions at given absolute preference except when Position Descriptions Band I or II of the ZP Career Path who the position is at Band III or above in Line managers follow an automated have a bachelor’s degree with at least a the Scientific and Engineering Career menu-driven process to classify 2.9 GPA (on a 4.0 scale) or a master’s Path). Selecting officials may choose positions and produce position degree constitute a shortage category; any of these preference eligibles when descriptions. candidates for positions at Band I of the more than one are referred. ZT Career Path who have at least a 2.9 Delegation of Classification Authority 2. Rating and Ranking GPA in a course of study of at least 2 The NIST Personnel Management years in an accredited college, junior Rating and ranking (including veteran Board (PMB) oversees the delegation of college, or technical institute constitute preference and ‘‘rule-of-three’’ classification authority to line managers. a shortage category; and candidates for procedures) are used when the list of NIST will establish a plan to review the positions at Band II of the ZT Career qualified candidates contains: accuracy of classification decisions Path who have at least a 2.9 GPA in 4 a. more than three candidates; or b. two or more candidates including made by line managers and make years of college study constitute a at least one preference eligible (except periodic reports to the NIST Director. shortage category. The Government-wide system of when direct referral of a 10-point approval of SES and ST–3104 positions Agency-Based Staffing veteran is made under 1b above). will be maintained. NIST uses agency-based staffing Priority Placement Staffing procedures to fill vacancies not covered NIST follows all Department of Introduction by direct-hire or the NIST Merit Commerce and OPM priority placement Assignment Plan (MAP). Vacancies programs. NIST uses a variety of staffing options filled by agency-based procedures are to fill positions. Under all options, the Paid Advertising advertised at a minimum through the recruiting and examining efforts are automated nationwide OPM posting NIST may use paid advertising as one based at NIST. OPM registers are not system. of the first steps in recruitment without used. These options include Direct having to first try unpaid methods. Examination and Hiring, Agency-Based Merit Assignment Plan (MAP) Staffing, Merit Assignment, and various Private Sector Temporaries noncompetitive placements. The NIST NIST uses its MAP to fill positions NIST uses private sector temporary Office of Human Resources Management restricted to current or former Federal help services as appropriate. (OHRM) oversees all examining and employees with competitive status. This hiring activity. Line managers plan is amended to include any NIST Probationary Period participate actively in the process. APMS flexibilities. Probation under the NIST APMS follows current law and regulations, Direct Examination and Hiring NIST Applicant Supply File except when an employee in the ZP NIST uses two direct examination and NIST advertises the availability of job Career Path is required to serve a hiring authorities: Direct Hire Critical probationary period. The ZP opportunities in direct-hire occupations Shortage Occupations and Direct Hire probationary period is three years, by continuous posting of the NIST Critical-Shortage Highly-Qualified except that a supervisor may end the Applicant Supply Bulletin on the OPM Candidates. These vacancies are probationary period of a subordinate ZP normally filled through direct recruiting electronic job opportunity listing. NIST employee anytime after one year. by selecting officials, supplemented by accepts applications for this file on an Qualification Standards a required search of the NIST Applicant open-continuous bases for all direct-hire Supply File. authorities. NIST selecting officials may The qualifications required for recruit directly for applicants, but any placement within a pay band and Direct Hire: Critical Shortage applicants they find must compete with within a career path are based on the Occupations applicants who apply through the OPM Qualification Standards for NIST uses direct-hire procedures for Applicant Supply Bulletin and other General Schedule Positions, except that categories of occupations which require applicants whose applications are testing requirements are not used and skills that are in short supply. All stored in the Applicant Supply File. the Superior Academic Criterion is Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54609 defined as a 2.9 GPA (on a 4.0 scale). Link Between Performance and adjustment to basic pay, it is possible The minimum qualifications for the Retention that the new minimum rate of a pay occupation and for the GS grade An employee with an overall band will exceed the basic pay of an corresponding to the lowest grade in the performance score in the top 10 percent employee in that pay band who does not pay band apply. NIST may develop its of scores within a peer group (see receive the NIST annual adjustment to own qualification standards based on ‘‘Performance Evaluation and Rewards’’ basic pay due to unsatisfactory current practices in the scientific, below) is credited with 10 additional performance. When this happens, the engineering, and computer science years of service for retention purposes. employee is placed in the next lower fields and to reflect modern curricula in The total credit is based on the pay band. This placement shall not be recognized degree programs. employee’s three most recent annual considered an adverse action under 5 U.S.C. 7512, nor shall grade (i.e., pay Recruitment and Retention Allowances performance ratings of record received during the 4-year period prior to an band) retention under 5 U.S.C. 5362 be NIST may grant recruiting and applicable. retention allowances in appropriate established cutoff date, for a potential circumstances, not to exceed $10,000 or total credit of 30 years. No reduction-in- Supervisory Pay Differentials 25 percent of basic pay, whichever is force credit converts to this system from The original legislation authorizing greater. Decisions on allowances are any other performance appraisal system. the NIST demonstration project based on market factors such as salary Competitive Areas provided that ‘‘appropriate supervisory comparability and salary offer issues; and managerial pay differentials (which Each of the four career paths in each relocation and dislocation issues; shall be considered a part of basic pay) NIST local commuting areas is a programmatic urgency; emerging shall be provided.’’ The differential does separate competitive area—separate technologies; turnover rates; special not apply to SES and ST–3104 from the other career paths and separate qualifications; and shortage categories positions. or scarcity positions unique to NIST. All from the competitive areas of other Supervisors who formally supervise scientific, engineering, and other hard- NIST employees. three or more subordinates and others to-fill positions are eligible. Recruitment Link Between Pay Bands and Grades approved on a case-by-case basis by the and Retention Allowances are not PMB receive supervisory differentials. OPM reduction in force regulations on considered part of basic pay. The amounts of the differentials are up assignments rights (5 CFR 351.701) are to 6 percent of base salary (see ‘‘Pay Travel Expenses applied to the NIST APMS by Bands’’ above for a description of the substituting ‘‘one band’’ for ‘‘three Travel and transportation expenses, supervisory pay bands and their grades’’ and ‘‘two bands’’ for ‘‘five advancement of funds, per diem maximum rates). grades.’’ OPM severance pay regulations expenses incident to travel, and/or Upon conversion of NIST supervisors (5 CFR 550.703) are applied to the NIST relocation expenses may be provided to to the NIST APMS, all eligible positions APMS by substituting ‘‘one band’’ for new hires in the same manner as is are placed in the supervisory pay bands. ‘‘two grades’’ and for ‘‘two grade or pay authorized in sections 5723, 5724, The incumbents of these positions are levels.’’ 5724a, 5724b, and 5724c of title 5, U.S. converted at their basic pay (including Code. Recipients must sign service Pay Administration special rates or locality pay) at the time agreements indicating commitment to at of conversion, except for ZP Introduction least 12 months continued service. supervisors, who begin receiving the Promotion The NIST APMS pay administration added differential upon conversion. system provides NIST with the ability to There are two types of supervisory A promotion is a change of an attract and retain quality employees differentials. The first type applies to employee to (1) a higher pay band in the through pay setting flexibilities and pay new supervisors in the Scientific and same career path, or (2) a pay band in for performance. Engineering (ZP) Career Path only. The another career path in combination with amount of this type of differential is Pay for Performance an increase in pay. To be eligible for fixed at 3 percent for supervisors below promotion, an employee must have a Pay for performance has three division chief and 6 percent for division current performance rating of Eligible. components: (a) the NIST annual chiefs and equivalent. The second type The time-in-pay-band requirement for adjustment to basic pay; (b) annual applies to all bands in all career paths promotion eligibility is 52 weeks, with performance pay increases; and (c) where there are supervisors. Supervisors two exceptions: (1) an employee may be bonuses. The first component, the in these bands may be eligible for higher promoted from Band I and Band II in annual adjustment to basic pay, is set band ceilings (up to 3 or 6 percent the Support Career Path without time according to the subsections below higher than the normal pay band restriction; and (2) an employee may be referring to general and locality ceiling) which they may reach through promoted from Band II to Band III in the increases. The second component, pay for performance. Support Career Path without time performance pay increases, is set The granting of a differential is not restriction if the employee was not according to the procedures under considered a promotion or a competitive promoted from a Band I to a Band II ‘‘Performance Evaluation and Rewards.’’ action. The differential is canceled position during the previous 52 weeks. The third component, bonuses, is when an employee’s supervisory (For pay provisions related to composed of former cash awards. responsibilities are discontinued. The promotion, see ‘‘Pay Administration.’’) Placement in a Lower Pay Band cancellation of a supervisory differential Reduction In Force does not constitute an adverse action An employee whose performance and there is no right of appeal under 5 Introduction rating is unsatisfactory does not receive U.S.C. Chapter 75. NIST follows reduction-in-force the NIST annual adjustment to basic procedures contained in law and pay. Because the minimum pay rate for Pay and Compensation Ceilings regulation, with the following each pay band is increased each year by The maximum rate for a pay band differences. the amount of the NIST annual (excluding special pay bands 54610 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices established to allow for the supervisory step 10 rate of the highest GS grade band. The maximum rates of bands set pay differential) is equal to the within the band, but if their pay were according to special rates, however, may maximum rate—GS rate, locality rate, or higher than that step 10 rate, they would exceed this amount to the extent special rate, as applicable—payable to have received an adjustment that would necessary to equal the 10th step of the GS employees for the grades have increased their pay to no higher appropriate special rate scale if that rate corresponding to the pay band. An than the GS locality rate for step 10 (i.e., is higher. employee’s basic pay may not exceed GS step 10 rate plus applicable locality Effect of General and Locality Pay the maximum rate of the employee’s pay payment). Increases on Individual Pay band (including a supervisory pay Option 2 allows implementation of band), except for employees receiving locality pay as basic pay, as an increase Only employees with a current retained rates of pay. to the bonus pool, or a combination of performance rating of ‘‘eligible’’ may An employee’s rate of basic pay the two. If applied as basic pay, the receive an increase in their basic pay at payable under any pay band may not locality adjustment would be basic pay the time of pay band adjustments. This exceed the rate of basic pay payable for for all purposes except as otherwise increase in basic pay will reflect any Level IV of the Executive Schedule. An provided in this plan. The locality applicable general and/or locality pay employee’s aggregate monetary adjustment would be applied to the increase for General Schedule compensation for a calendar year may minimum and maximum rates of each employees. The increase in basic pay for not exceed the basic rate of pay for pay band. For pay bands affected by eligible employees whose basic pay is at Level I of the Executive Schedule, as special rates, the maximum rate would the ceiling of their pay band will equal required by 5 U.S.C. 5307 and OPM be the higher of the special rate and the the increase in the ceiling. regulations in subpart B of 5 CFR 530. locality rate. A locality adjustment may The basic pay increase for eligible be applied to an eligible employee’s employees whose basic pay is below the Locality Pay Options basic pay only to the extent that it does ceiling of their band will be calculated On December 30, 1993, OPM not cause the employee’s basic pay to by applying two factors to the approved the extension of locality pay exceed the maximum rate of the pay employee’s rate of pay. One factor is the to the NIST demonstration project. Two band. general increase factor representing the options were made available. NIST selected option 2 and has increase in General Schedule rates Option 1 would have required implemented locality pay as basic pay. under 5 U.S.C. 5303 (e.g., 1.02 if the implementation of locality pay in a However, NIST may change its selection general increase is 2 percent). The manner as consistent as possible with after sufficient internal notice second factor is the locality pay increase implementation for GS employees. toemployees. factor, which is derived by dividing the Locality pay would have been separate newly applicable locality pay from basic pay and would have counted Effect of General and Locality Pay percentage factor by the formerly as basic pay for the same limited Increases on Pay Bands applicable locality pay percentage purposes for which it is basic pay for GS The minimum and maximum rates of factor. (For example, if the locality employees (5 CFR 531.606(b)). All each pay band will be increased at the payment percentage for an area employees would have been eligible for time of a general pay increase under 5 increased from 4.23 percent to 5.48 locality pay adjustments regardless of U.S.C. 5303 and/or a locality pay percent, the locality pay increase factor performance rating. Employees in pay increase under 5 U.S.C. 5304 or 5304a would be 1.0548 divided by 1.0423, or bands affected by special rates would so that they equal the new locality- approximately 1.012.) Thus, the new have received full locality adjustments adjusted minimum and maximum rates rate of basic pay would be calculated if their pay were no higher than the GS of the grades corresponding to the pay using the following formula:

1+ newly applicable locality pay percentage new pay rate = general increase factor × × former pay rate 1+ formerly applicable locality pay percentage

However, a basic pay increase will be Pay Setting Upon Promotion findings on compensation for private applied only to the extent that it does The new basic pay rate upon sector positions. NIST will consider not cause an employee’s basic pay to promotion may be set at any level in the these findings when making NIST pay exceed the ceiling of the applicable pay new pay band (if the move is to a decisions. band. different career path, any pay band in Conversion of NIST Employees From the Basic Pay the new career path would be General Schedule to the NIST APMS considered a ‘‘new pay band’’), except System Employees covered by the NIST that the minimum pay increase upon APMS do not have separate basic pay promotion is 6 percent. For NIST employees being converted rates and locality pay rates, as do from the GS pay system to the NIST Pay Setting for New Hires APMS, GS grades will translate directly General Schedule employees. They have to the NIST APMS’s career-path and a basic pay rate only, which reflects any The setting of initial salaries within pay-band structure. NIST employees general increases and/or locality pay bands for new appointees will be flexible, particularly for hard-to-fill will be converted at their current adjustments calculated by the above positions in the scientific and highest rate under the GS pay system formula. NIST APMS basic pay rates are engineering career path. (i.e., highest of locality rate or special basic pay for all purposes, except as rate or similar rate) at the time of specifically provided in the NIST APMS Private Sector Compensation Reports conversion, except for supervisors in the plan. The Institute will arrange for the Scientific and Engineering Career Path preparation of reports that include who qualify for a supervisory/ Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54611 managerial pay differential upon within-grade increase, as in effect at the employee’s pay to the NIST APMS pay conversion. No one’s salary will be time of conversion. system. When the movement is by new reduced as a result of the conversion. Movements of GS Employees From appointment, promotion, reassignment When conversion of a NIST employee Other Organizations to the NIST APMS with pay adjustment (through merit into the NIST APMS is accompanied by System assignment plan competition), or a geographic move, the employee’s GS transfer to ‘‘higher grade’’ (i.e., to a band pay entitlements (including any locality GS employees can move into the NIST higher than the band that corresponds to rate or special rate) in the new area will APMS from other organizations through the employee’s current GS grade) the be determined before converting the transfer, reassignment, promotion, or new pay rate is set according to NIST employee’s pay to the NIST APMS pay new appointment. When the movement APMS pay setting flexibilities for new is by lateral transfer or lateral system. hires and promotions. At the time of conversion, each reassignment, the employee’s GS grade converted NIST employee will be given will translate directly to the NIST Pay Setting Upon Movement of a NIST a lump-sum cash payment for the time APMS’s career-path/pay-band structure Employee to a Different Pay Area credited to the employee toward what and the employee’s rate of basic pay would have been the employee’s next under the NIST APMS will equal his or NIST employees who move within-grade increase. The payment for her current highest rate under the GS (voluntarily or involuntarily) from one a General Schedule employee will be pay system (i.e., highest of locality rate geographic area to another within NIST computed by (1) calculating the ratio of or special rate or similar rate), except for will have their pay adjusted to account (a) the number of days the employee the addition of a supervisory differential for any change in the pay band will have spent in the employee’s if the position is a supervisory position maximum rates between the two areas. current rate through the day prior to the in the Scientific and Engineering Career This adjustment ensures that the day of conversion, to (b) the total Path. When a lateral transfer or lateral employee’s relative position in the pay number of days in the employee’s reassignment is accompanied by a band (measured as a percentage of the current waiting period for a regular geographic move, the employee’s GS pay band maximum rate) will be within-grade increase (364, 728, or 1092 pay entitlements (including any locality maintained upon movement. The pay days), and (2) multiplying that ratio by rate or special rate) in the new area will rate in the new area will be derived the dollar value of the employee’s next be determined before converting the using the following formula:

pay band maximum rate after movement new pay rate = former pay rate × pay band maximum rate before movement

The new pay rate is calculated before ‘‘two grades’’ and for ‘‘two grade or pay Performance Plans any other simultaneous pay action (e.g., levels.’’ Performance plans are developed each general pay adjustment or promotion year by supervisors with input from effective on the same date). Performance Evaluation and Rewards employees. Critical performance Any reduction in pay solely Introduction attributable to a movement from one pay elements are established for each area to a lower-paying area shall not be The performance evaluation system position (all elements are critical). The supervisor weights each element so that considered a reduction in basic pay provides the basis for decisions on the total weight of all elements is 100 under the adverse action provisions of performance ratings, performance pay points. Benchmark performance 5 U.S.C. 7512(4) or under the pay increases, bonuses, and other standards define the range of retention provisions of 5 U.S.C. 5363. performance related actions. The performance. A supervisor may add Nor shall such action be considered a performance year beings October 1 and supplemental standards to a reduction in basic pay under the pay ends September 30. However, an performance plan to further elaborate retention provisions of 5 U.S.C. 5363. employee’s performance overall or on a the benchmark performance standards. (The employee retains the right to grieve single element may be evaluated at any or file a complaint regarding a time that adequate information for an Mid-Year Review geographic reassignment if there is an evaluation exists. allegation of a violation of A required mid-year review addresses nondiscrimination statutes or a Coverage mid-year accomplishments, prohibited personnel practice.) performance successes and deficiencies, All employees covered by the NIST and any need for performance plan Grade and Pay Retention APMS are covered by the APMS modifications. Additional reviews may Grade and pay retention follow performance evaluation and rewards be held as needed. system, except the NIST may remove current law and regulations, except as Performance Appraisal allowed by specific waiver (e.g., from the system any position not filled substitute ‘‘career path and band’’ for by career or career conditional Performance appraisals bring ‘‘grade’’). Specific waivers are listed in appointment. ST–3104 employees have supervisors and employees together to the section below, titled, ‘‘Authorities their performance evaluated under the discuss performance and and Waiver of Laws and Regulations structure of the performance evaluation accomplishments during the Required’’. system and may receive bonuses, but do performance year. The appraisals lead to not receive performance pay increases. decisions by supervisors and pay pool Severance Pay Members of the Senior Executive managers on performance scores, OPM severance pay regulations (5 Service remain under the DoC–NIST performance ratings, performance pay CFR 550.703) are applied to the NIST SES performance appraisal, pay, and increases, and bonuses. Performance APMS by substituting ‘‘one band’’ for bonus system. appraisal is scheduled for the final 54612 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices weeks of the performance year, though Performance Pay Decisions personnel records, collected data, and at any time of the year a supervisor may The Performance Pay Table divides the results of employee surveys. place an employee on a performance each pay band into three segments of Costs improvement plan, assign an intervals. Each interval is linked to a Although the NIST APMS legislation unsatisfactory rating if performance is range of potential percentage pay does not require budget neutrality, NIST still unsatisfactory, and take appropriate increases beginning at zero and has set for itself an objective to control action. progressing to a maximum percentage total compensation costs associated pay increase. The maximum Performance Ratings with the NIST APMS. NIST maintains performance pay increase an employee total compensation during the NIST may receive, therefore, depends on the The NIST ARMS performance ratings APMS at the level it would have interval into which the employee’s are Eligible (for performance pay reached under the current Government- salary falls. The Pay Pool Manager increase, bonus, and annual adjustment wide system. The procedure permits maker a performance pay decision for to basic pay) and Unsatisfactory. changes in NIST expenditures which each employee in a peer group, based on Eligible covers the same performance result from legislatively mandated the Pay Pool Manager’s ranking and the range as the former ratings of Marginal, program changes and changes in Federal pay increase ranges in the Performance Minimally Successful, Fully Successful. pay and benefits. NIST may offset Pay Table. Within a peer group, an Commendable, and Outstanding. selected salary increases with savings by employee may not receive a higher Unsatisfactory covers the same reducing turnover, eliminating proportion-of-range than a higher- performance as the former ratings of unnecessary overhead, and cutting other ranking employee or a lower proportion- Unsatisfactory and Unacceptable. An personnel costs. NIST measures its or-range than a lower-ranking employee. employee whose performance is adherence to cost control by preparing unsatisfactory is placed on a Performance Bonuses budget estimates based on prescribed performance improvement plan and Bonuses are the only cash awards Federal Budget processes and give an opportunity to improve before a directly linked to the NIST APMS monitoring actual spending under the final rating is assigned. performance appraisal system, and are NIST APMS against this budget estimate. Performance Scores awarded at the ended of the performance year in conjunction with Conversion or Movement From a NIST Each element is evaluated decisions on performance pay increases. APMS Position to a General Schedule individually against the benchmark A pay Poll Manager may award a bonus Position performance standards and any to any employee with an Eligible rating. If a NIST APMS employee is moving supplemental standards. If a single Actions Based on Unsatisfactory to a General Schedule (GS) position, the element in an employee’s plan is rated Performance following procedures will be used to Unsatisfactory, the overall rating is convert the employee’s APMS pay band Unsatisfactory and there is no When an employee’s final rating or to an equivalent GS grade and the performance score. If all elements meet performance on a single element is employee’s APMS rate of pay to at least the minimally acceptable Unsatisfactory (after an opportunity to equivalent GS rates of pay. The benchmark, the overall rating is Eligible. improve performance), NIST may take converted GS grade and rates of pay Rating Officials score the performance action to reassign or remove the must be determined before movement of employees rated Eligible on a 100- employee, or place the employee in a out of the APMS and any accompanying point scale, which corresponds to the lower band, in accordance with geographic movement, promotion, or 100-point element weight scale. An performance action provisions in law other simultaneous action. For lateral individual element score may be as high and regulation. reassignments and lateral transfers, the as the weight of that element. The total Employee Development converted GS grade and rates of pay will performance score is the sum of the The objective of NIST’s Employee become the employee’s actual GS grade element scores. A perfect score on each Development Program is to develop the and rates of pay, unless immediately element would produce a total score of competence of employees for maximum affected by a simultaneous geographic 100 points. achievement of Institute goals and movement or another pay action. For Performance Ranking objectives. The NIST APMS legislation non-lateral transfers, promotions, and mandates the continuation of an other actions, the converted GS grade Employees are ranked, by employee development program and rates of pay will be deemed to be performance score, within a peer group. including, in appropriate circumstances, the employee’s grade and rates of pay at A peer group may involve no more than a sabbatical program. The NIST APMS the time of movement out of the APMS one career path, but may be otherwise sabbatical program is consistent with and will be used in applying applicable organized by any combination of the terms and conditions of the SES pay setting rules (e.g., promotion rules). organization, occupation, pay band, or sabbatical program. It covers all career 1. Grade-Setting Provisions: An appointment type. Rating Officials rank appointees under the NIST APMS have employee in a pay band corresponding their own employees, then Pay Pool a least seven years of Federal service to a single GS grade is converted to that Managers interleave the rankings of and a current performance rating of grade. An employee in a pay band subordinate Rating Officials to produce Eligible. corresponding to two or more grades is peer group rankings at the pay pool converted to one of those grades level. A Pay Pool Manager is a line Evaluation according to the following rules: manager who manages his or her Periodic evaluations focus on human a. The employee’s NIST APMS basic organization’s pay increase and bonus resource management issues. Evaluation rate of pay is compared with step 4 rates fund and has final decision authority criteria are derived from NIST APMS in the highest applicable GS rate range over the performance scores, objectives, such as the objective to (including a rate range in the GS base performance pay increase, and bonuses compete more effectively for high- schedule, a rate range in the applicable of subordinate employees. quality staff. Evaluations are based on locality rate schedule, or a rate range in Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54613 a special rate schedule for the rate of pay. If this rate falls between two NIST). The Director has delegated employee’s occupation). If the series is steps in the locality-adjusted schedule, management and oversight of the NIST a two-grade interval series, only odd- the rate must be set at the higher step. APMS to the Personnel Management numbered grades are considered below The converted GS rate of basic pay is Board (PMB), whose members and staff GS–11. the GS base rate corresponding to the are appointed by the Director. The PMB b. If the employee’s pay rate equals or converted GS locality rate (i.e., same is the NIST body to manage, evaluate, exceeds the applicable step 4 rate of the step position). (If this employee is also and make policy and procedural highest GS grade in the band, the covered by a special rate schedule as a changes to NIST APMS systems when employee is converted to that grade. GS employee, the converted special rate needed. When necessary, the PMB c. If the employee’s pay rate is lower will be determined based on the GS step interprets and clarifies NIST APMS than the applicable step 4 rate of the position. This underlying special rate policy. The PMB establishes the highest grade, the pay rate is compared will be basic pay for certain purposes management and administrative with the step 4 rate of the second for which the employee’s higher locality structures for running and evaluating highest grade in the employee’s pay rate is not basic pay.) the NIST APMS and oversees the band. If the employee’s pay rate equals d. If the highest applicable rate range delegations of authorities to managers, or exceeds step 4 of the second highest is a special rate range, the NIST APMS supervisors, and management bodies, grade, the employee is converted to that rate is converted to a special rate. If this including the withdrawal of authority grade. rate falls between two steps in the when warranted. The PMB has the d. This process is repeated for each special rate schedule, the rate must be authority to make exceptions to normal successively lower grade in the band set at the higher step. The converted GS NIST APMS procedures on a case-by- until a grade is found in which the rate of basic pay will be the GS rate case basis when it believes an exception employee’s rate of basic pay equals or corresponding to the converted special is warranted. The PMB also has the exceeds the applicable step 4 of the rate (i.e., same step position). authority to establish itself as the grade. The employee is then converted e. Exception: If an employee’s NIST approving body for any type of NIST at that grade. If the employee’s rate of APMS of rate exceeds the maximum rate APMS personnel action for which NIST pay is below the step 4 rate of the lowest of the highest applicable rate range has authority. grade in the band, the employee is upon conversion to the General converted to the lowest grade. Schedule the affected employee’s NIST Authorities and Waiver of Laws and e. Exceptions: (1) If the employee’s APMS rate will be converted to a Regulations Required pay rate exceeds the maximum rate of retained rate under 5 U.S.C. 5363. If an Public Law 99–574 gave the National the grade assigned under the above- employee is entitled to a special rate Institute of Standards and Technology described ‘‘step 4’’ rule but fits in the under the General Schedule, the NIST (NIST) the authority to experiment with rate range for the next higher applicable APMS is converted directly to a retained several specific personnel system grade in the band (i.e., between step 1 rate. If an employee is only entitled to innovations which are otherwise and step 4), then the employee shall be locality pay under the General prohibited by law and regulations. In converted to that next higher applicable Schedule, this retained rate is derived addition to the authorities granted by grade; (2) An employee will not be by dividing the NIST APMS rate by the the original NIST project legislation, the converted to a lower grade than the applicable locality pay factor (i.e., 1 following waivers of law and regulation grade held by the employee plus the locality payment percentage). are included: immediately preceding a conversion, Thus, the locality-adjusted retained rate lateral reassignment, or lateral transfer will equal the NIST APMS rate the Title 5, U.S. Code into the NIST APMS, unless since that employee had been receiving before time the employee has undergone a conversion. Since the employee’s total Section 5304, Locality-based reduction in band; (3) In Band I of the rate of pay is not reduced upon comparability payments. ZP and ZA Career Paths, students conversion, this change to converted Section 5333, Minimum rate for new without a bachelor’s degree or rates under the General Schedule will appointments. comparable experience are converted no not be considered a reduction in basic Section 5753–5754 except that higher than GS–4. pay under 5 U.S.C. 5363 or 7512. relocation bonuses under section 5753 2. Pay-Setting Provisions: An continue to apply. employee’s pay within the converted GS NIST APMS Revisions Subchapter VI of Chapter 53 Grade grade is set by converting the NIST Modifications must be made from and Pay Retention, (To the extent APMS rate to GS rates of pay in time to time as experience is gained, necessary to allow the following accordance with the following rules: results are analyzed, and conclusions a. The pay conversion is done before are reached on how the system is modifications: (1) Pay retention does not any geographic movement or other pay- working. Minor procedural apply to reductions in pay caused solely related action that coincides with the modifications of this published NIST by geographic movement; and (2) pay employee’s movement out of the NIST APMS plan within already existing retention does not apply to conversions APMS. waivers may be made by the NIST to the General Schedule as long as the b. An employee’s NIST APMS rate is Director with appropriate notice (e.g., employee’s total rate of pay is not converted to a rate in the highest employee, OPM and/or Federal Register reduced.) applicable rate range for the converted notice). No new waivers from law or Section 7512(4), Adverse actions, (To GS grade (including a rate range in the regulation may be added. the extent necessary to allow the GS base schedule, a rate range in the following modifications: (1) Exclude applicable locality rate schedule, or a NIST APMS Management and reductions in pay that are solely due to rate range in a special rate schedule for Oversight recomputation upon geographic the employee’s occupation). In accordance with the original NIST movement; and (2) exclude conversions c. If the highest applicable rate range project legislation, the project is to the General Schedule that do not is a locality pay rate range, the NIST ‘‘conducted by the Director of the result in a reduction in the employee’s APMS rate is converted to a GS locality National Bureau of Standards’’ (now total rate of pay.) 54614 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Title 5, Code of Federal Regulations Title: Mechanical Support For A Two the exposed areas. Some of the Sections 315.801 Probationary period; Pill Adiabatic Demagnetization advantages of this process are realized when required, (waived only for Refrigerator. by the introduction of atom optical positions in the Scientific and Abstract: The invention uses two techniques, which allow structures to be Engineering Career path) paramagnetic cooling materials, called fabricated with significantly higher Section 315.802 Length of pills, supported on only one side of a resolution than can be achieved with probationary period, (waived only for magnet. The design simplifies the optical lithography, and with a greater positions in the Scientific and support and provides more active pill amount of parallelism than can be Engineering Career path) area in the bore of the magnet. Also achieved with electron or ion beam Section 351.401 Determining described is a support design in which techniques. all of the support strings are placed on Retention Standing. Dated: October 15, 1997. a compact support assembly that Section 351.402 Competitive area in Elaine Bunten-Mines, RIF. provides for stable tensioning. Director, Program Office. Section 351.403 Competitive level in Dated: October 15, 1997. [FR Doc. 97–27798 Filed 10–20–97; 8:45 am] RIF. Elaine Bunten-Mines, BILLING CODE 3510±13±M Section 351.504 (a) and (d) Credit for Director, Program Office. Performance. [FR Doc. 97–27797 Filed 10–20–97; 8:45 am] Section 351.701 Assignment involving displacement. BILLING CODE 3510±13±M DEPARTMENT OF COMMERCE Section 531.203 Minimum rate for National Institute of Standards and new appointments. DEPARTMENT OF COMMERCE Part 575, Subpart A Recruitment Technology Bonuses. National Institute of Standards and Owned Invention Available for Part 575, Subpart C Retention Technology Allowances. Licensing [FR Doc. 97–27796 Filed 10–20–97; 8:45 am] Jointly Owned Invention Available for AGENCY: National Institute of Standards BILLING CODE 3510±13±M Licensing and Technology Commerce; Commerce. AGENCY: National Institute of Standards ACTION: Notice of a jointly owned DEPARTMENT OF COMMERCE and Technology Commerce; Commerce. invention available for licensing. ACTION: Notice of a jointly owned National Institute of Standards and invention available for licensing. SUMMARY: The invention listed below is Technology SUMMARY: The invention listed below is jointly owned by the U.S. Government, Government Owned Invention jointly owned by the U.S. Government, as represented by the Department of Available for Licensing as represented by the Department of Commerce and X-Ray Optical. The Commerce and Cornell University. The Department of Commerce’s ownership AGENCY: National Institute of Standards Department of Commerce’s ownership interest in this invention is available for and Technology Commerce; Commerce. interest in this invention is available for non-exclusive licensing in accordance ACTION: Notice of a government owned non-exclusive licensing in accordance with 35 U.S.C. 207 and 37 CFR part 404 invention available for licensing. with 35 U.S.C. 207 and 37 CFR part 404 to achieve expeditious to achieve expeditious commercialization of results of federally SUMMARY: The invention listed below is commercialization of results of federally funded research and development. owned by the U.S. Government, as funded research and development. represented by the Department of FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Commerce, and is available for licensing Technical and licensing information on Technical and licensing information on in accordance with 35 U.S.C. 207 and 37 this invention may be obtained by this invention may be obtained by CFR part 404 to achieve expeditious writing to: National Institute of writing to: National Institute of commercialization of results of federally Standards and Technology, Industrial Standards and Technology, Industrial funded research and development. Partnerships Program, Building 820, Partnerships Program, Building 820, Room 213, Gaithersburg, MD 20899; FOR FURTHER INFORMATION CONTACT: Room 213, Gaithersburg, MD 20899; Fax FAX 301–869–2751. Any request for Technical and licensing information on 301–869–2751. Any request for information should include the NIST this invention may be obtained by information should include the NIST Docket No. and Title for the relevant writing to: National Institute of Docket No. and Title for the relevant invention as indicated below. Standards and Technology, Industrial invention as indicated below. Partnerships Program, Building 820, The invention available for non- The invention available for non- Room 213, Gaithersburg, MD 20899; Fax exclusive licensing is: exclusive licensing is: 301–869–2751. Any request for NIST Docket Number: 96–019. NIST Docket No: 96–034. information should include the NIST Title: Fabrication Of Structures By Docket No. and Title for the relevant Metastable-Atom Impact Desorption Of Title: Microcalorimeter X-Ray invention as indicated below. A Passivating Layer. Detectors With X-Ray Lens. SUPPLEMENTARY INFORMATION: NIST may Description: This invention consists Description: The invention uses an x- enter into a Cooperative Research and of a new process for fabricating ray polycapillary lens to collect x-rays Development Agreement (‘‘CRADA’’) microstructures on a surface. It utilizes from a point source over a large solid with the licensee to perform further the energy contained in neutral angle and focus them onto an x-ray research on the invention for purposes metastable rare gas atoms to remove microcalorimeter detector. The x-ray of commercialization. The invention passivating atoms from selected areas of lens enhances the capabilities of present available for licensing is: a surface, allowing further chemical detectors and allows for the detector to NIST Docket Number: 96–035. processing to add or remove material to be placed farther from the source. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54615

Dated: October 15, 1997. implementation of certain of their 3 Category 369±D: only HTS numbers provisions. 6302.60.0010, 6302.91.0005 and Elaine Bunten-Mines, 6302.91.0045. Director, Program Office. Troy H. Cribb, 4 Category 665±O: all HTS numbers except [FR Doc. 97–27799 Filed 10–20–97; 8:45 am] Chairman, Committee for the Implementation 5702.10.9030, 5702.42.2020, 5702.92.0010 of Textile Agreements. and 5703.20.1000 (rugs). BILLING CODE 3510±13±M Committee for the Implementation of Textile The Committee for the Implementation of Agreements Textile Agreements has determined that these actions fall within the foreign affairs October 17, 1997. exception to the rulemaking provisions of 5 COMMITTEE FOR THE Commissioner of Customs, U.S.C. 553(a)(1). IMPLEMENTATION OF TEXTILE Department of the Treasury, Washington, DC Sincerely, AGREEMENTS 20229. Troy H. Cribb, Dear Commissioner: This directive Chairman, Committee for the Implementation Adjustment of Import Limits for Certain amends, but does not cancel, the directive of Textile Agreements. Cotton and Man-Made Fiber Textile issued to you on December 20, 1996, by the [FR Doc. 97–27980 Filed 10–20–97; 8:45 am] Products Produced or Manufactured in Chairman, Committee for the Implementation BILLING CODE 3510±DR±P India of Textile Agreements. That directive concerns imports of certain cotton, man- October 17, 1997. made fiber, silk blend and other vegetable fiber textiles and textile products, produced COMMITTEE FOR THE AGENCY: Committee for the or manufactured in India and exported IMPLEMENTATION OF TEXTILE Implementation of Textile Agreements during the twelve-month period which began AGREEMENTS (CITA). on January 1, 1997 and extends through December 31, 1997. Adjustment of Import Limits for Certain ACTION: Issuing a directive to the Cotton and Man-Made Fiber Textile Commissioner of Customs adjusting Effective on October 21, 1997, you are directed to adjust the limits for the following Products Produced or Manufactured in limits. categories, as provided for under the Uruguay Nepal Round Agreements Act and the Uruguay EFFECTIVE DATE: October 21, 1997. Round Agreement on Textiles and Clothing: October 17, 1997. AGENCY: Committee for the FOR FURTHER INFORMATION CONTACT: Implementation of Textile Agreements Category Adjusted twelve-month Janet Heinzen, International Trade level 1 (CITA). Specialist, Office of Textiles and ACTION: Issuing a directive to the Apparel, U.S. Department of Commerce, 218 ...... 8,722,076 square me- ters. Commissioner of Customs adjusting (202) 482–4212. For information on the limits. quota status of these limits, refer to the 219 ...... 63,803,083 square meters. Quota Status Reports posted on the EFFECTIVE DATE: October 21, 1997. bulletin boards of each Customs port or 315 ...... 11,504,704 square meters. FOR FURTHER INFORMATION CONTACT: call (202) 927–5850. For information on 317 ...... 40,078,642 square Janet Heinzen, International Trade embargoes and quota re-openings, call meters. Specialist, Office of Textiles and (202) 482–3715. 338/339 ...... 3,638,394 dozen. Apparel, U.S. Department of Commerce, 340/640 ...... 1,866,252 dozen. (202) 482–4212. For information on the SUPPLEMENTARY INFORMATION: 341 ...... 4,436,434 dozen of quota status of these limits, refer to the Authority: Executive Order 11651 of March which not more than Quota Status Reports posted on the 3, 1972, as amended; section 204 of the 2,529,123 dozen bulletin boards of each Customs port or Agricultural Act of 1956, as amended (7 shall be in Category call (202) 927–5850. For information on 341±Y 2. U.S.C. 1854); Uruguay Round Agreements embargoes and quota re-openings, call Act. 342/642 ...... 1,182,485 dozen. 347/348 ...... 709,521 dozen. (202) 482–3715. The current limits for certain 363 ...... 38,338,869 numbers. SUPPLEMENTARY INFORMATION: categories are being adjusted for swing, 369±D 3 ...... 1,299,344 kilograms. Authority: Executive Order 11651 of March special shift, carryforward and 641 ...... 1,285,070 dozen. 3, 1972, as amended; section 204 of the carryforward used. 647/648 ...... 661,639 dozen. Agricultural Act of 1956, as amended (7 Group II U.S.C. 1854). A description of the textile and 200, 201, 220±229, 104,426,558 square apparel categories in terms of HTS 237, 239, 300, meters equivalent. The current limits for certain numbers is available in the 301, 330±333, categories are being adjusted, variously, CORRELATION: Textile and Apparel 349, 350, 352, for swing and recrediting of unused Categories with the Harmonized Tariff 359±362, 600± carryforward. 607, 611±629, A description of the textile and Schedule of the United States (see 630±633, 638, apparel categories in terms of HTS Federal Register notice 61 FR 66263, 639, 643±646, numbers is available in the published on December 17, 1996). Also 649, 650, 652, CORRELATION: Textile and Apparel see 61 FR 68143, published on 4 659, 665±O , 666, Categories with the Harmonized Tariff December 27, 1996. 669, 670, and Schedule of the United States (see The letter to the Commissioner of 831±859, as a group.. Federal Register notice 61 FR 66263, Customs and the actions taken pursuant published on December 17, 1996). Also to it are not designed to implement all 1 The limits have not been adjusted to ac- see 62 FR 65197, published on of the provisions of the Uruguay Round count for any imports exported after December 31, 1996. December 11, 1996. Agreements Act and the Uruguay Round 2 Category 341±Y: only HTS numbers The letter to the Commissioner of Agreement on Textiles and Clothing, but 6204.22.3060, 6206.30.3010, 6206.30.3030 Customs and the actions taken pursuant are designed to assist only in the and 6211.42.0054. to it are not designed to implement all 54616 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices of the provisions of the bilateral, but are ACTION: Issuing a directive to the categories, as provided for under the Uruguay designed to assist only in the Commissioner of Customs adjusting Round Agreements Act and the Uruguay implementation of certain of its limits. Round Agreement on Textiles and Clothing: provisions. EFFECTIVE DATE: October 21, 1997. Adjusted twelve-month Troy H. Cribb, Category 1 FOR FURTHER INFORMATION CONTACT: limit Chairman, Committee for the Implementation Helen L. LeGrande, International Trade of Textile Agreements. 347/348/847 ...... 1,883,722 dozen. Specialist, Office of Textiles and 647/648 ...... 1,095,301 dozen. Committee for the Implementation of Textile Apparel, U.S. Department of Commerce, Agreements (202) 482–4212. For information on the 1 The limits have not been adjusted to ac- October 17, 1997. count for any imports exported after December quota status of these limits, refer to the 31, 1996. Commissioner of Customs, Quota Status Reports posted on the Department of the Treasury, Washington, DC bulletin boards of each Customs port or The Committee for the Implementation of 20229. call (202) 927–5850. For information on Textile Agreements has determined that embargoes and quota re-openings, call these actions fall within the foreign affairs Dear Commissioner: This directive exception to the rulemaking provisions of 5 amends, but does not cancel, the directive (202) 482–3715. U.S.C.553(a)(1). issued to you on December 5, 1996, by the SUPPLEMENTARY INFORMATION: Sincerely, Chairman, Committee for the Implementation Authority: Executive Order 11651 of March Troy H. Cribb, of Textile Agreements. That directive 3, 1972, as amended; section 204 of the concerns imports of certain cotton and man- Chairman, Committee for the Implementation Agricultural Act of 1956, as amended (7 of Textile Agreements. made fiber textile products, produced or U.S.C. 1854); Uruguay Round Agreements [FR Doc.97–27979 Filed 10–20–97; 8:45 am] manufactured in Nepal and exported during Act. the twelve-month period which began on BILLING CODE 3510±DR±F January 1, 1997 and extends through The current limit for Category 347/ December 31, 1997. 348/847 is being increased for Effective on October 21, 1997, you are additional special shift and additional DEPARTMENT OF DEFENSE directed to adjust the limits for the following special carryforward, reducing the limit for Category 647/648 to account for the categories, as provided for in the bilateral Department of the Army agreement between the Governments of the increase in special shift. United States and the Kingdom of Nepal: A description of the textile and Proposed Collection; Comment apparel categories in terms of HTS Request Adjusted twelve-month numbers is available in the Category 1 limit CORRELATION: Textile and Apparel AGENCY: Deputy Chief of Staff for Categories with the Harmonized Tariff Personnel (DAPE–ZXI–RM), U.S. Army. 336/636 ...... 234,214 dozen. Schedule of the United States (see ACTION: Notice. 340 ...... 280,779 dozen. Federal Register notice 61 FR 66263, 341 ...... 913,818 dozen. published on December 17, 1996). Also SUMMARY 369±S 2 ...... 954,000 kilograms. : In compliance with Section see 61 FR 68246, published on 3506(c)(2)(A) of the Paperwork 1 The limits have not been adjusted to ac- December 27, 1996. Reduction Act of 1995, the Department count for any imports exported after December The letter to the Commissioner of of the Army announces a proposed 31, 1996. Customs and the actions taken pursuant 2 Category 369±S: only HTS number public information collection and seeks 6307.10.2005. to it are not designed to implement all public comment on the provisions of the provisions of the Uruguay Round thereof. Comments are invited on: (a) The Committee for the Implementation of Agreements Act and the Uruguay Round whether the proposed collection of Textile Agreements has determined that Agreement on Textiles and Clothing, but information is necessary for the proper these actions fall within the foreign affairs are designed to assist only in the exception to the rulemaking provisions of 5 performance of the functions of the implementation of certain of their agency, including whether the U.S.C. 553(a)(1). provisions. Sincerely, information shall have practical utility; Troy H. Cribb, Troy H. Cribb, (b) the accuracy of the agency’s estimate Chairman, Committee for the Implementation of the burden of the proposed Chairman, Committee for the Implementation of Textile Agreements. of Textile Agreements. information collection; (c) ways to Committee for the Implementation of Textile enhance the quality, utility, and clarity [FR Doc.97–27981 Filed 10–20–97; 8:45 am] Agreements of the information to be collected; and BILLING CODE 3510±DR±F October 17, 1997. (d) ways to minimize the burden of the Commissioner of Customs, information collection on respondents, Department of the Treasury, Washington, DC including through the use of automated COMMITTEE FOR THE 20229. collection techniques or other forms of IMPLEMENTATION OF TEXTILE Dear Commissioner: This directive information technology. AGREEMENTS amends, but does not cancel, the directive DATES: Consideration will be given to all issued to you on December 20, 1996, by the comments received by December 22, Adjustment of Import Limits for Certain Chairman, Committee for the Implementation Cotton, Man-Made Fiber, Silk Blend of Textile Agreements. That directive 1997. and Other Vegetable Fiber Textile concerns imports of certain cotton, wool, ADDRESSES: Written comments and Products Produced or Manufactured in man-made fiber, silk blend and other recommendations on the proposed Sri Lanka vegetable fiber textiles and textile products, information collection should be sent to produced or manufactured in Sri Lanka and Department of the Army and Air Force October 17, 1997. exported during the period which began on January 1, 1997 and extends through National Guard Bureau, 111 South AGENCY: Committee for the December 31, 1997. George Mason Drive, Arlington, Virginia Implementation of Textile Agreements Effective on October 21, 1997, you are 22202–1382 ATTN: (Major R. Jolly (CITA). directed to adjust the limits for the following Brown). Consideration will be given to Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54617 all comments received within 60 days of Devils Lake, North Dakota, to the Additional issues of significance may the date of publication of this notice. Sheyenne River. The PED authorization be identified through public and agency FOR FURTHER INFORMATION CONTACT: also required that an EIS be prepared. meetings. A notice of those meetings To request more information on this The construction of an emergency outlet will be provided to interested parties proposed information collection or to was not authorized by Pub. L. 105–18. and to local news media. obtain a copy of the proposal and Devils Lake is a terminal lake located Construction of an emergency outlet associated collection instruments, in northeastern North Dakota. Devils would be considered major in scope. An please write the above address, or call Lake has a long history of a wide range outlet to the Sheyenne River has the Department of the Army Reports of fluctuating lake levels. Since 1993, potential to result in significant impacts. clearance officer at (703) 614–0454. the lake has risen about 20 feet. Rising Our environmental review will be Title: Research to Develop a Profile of lake levels have resulted in damage to conducted according to the Army National Guard Members. houses, businesses, infrastructure, requirements of the National Needs and Uses: This research will be transportation systems, and land uses. Environmental Policy Act of 1969, a mail survey among Army National Significant expenditures of Federal, National Historic Preservation Act of Guard members. The research will assist State, and local funds have been 1966, Council on Environmental Quality the Army National Guard (ARNG) in required to relocate structures and to Regulations, Endangered Species Act of making the most effective use of its raise and strengthen roads and levees. 1973, Section 404 of the Clean Water public relations, advertising and While these efforts will provide Act, and applicable laws and marketing budget for recruiting efforts. immediate protection, there is great regulations. We anticipate that the DEIS will be The research will help the ARNG and its concern that the lake could continue to available to the public in the fall of advertising agency prioritize activities, rise. The Devils Lake Basin is a subbasin 1998. focus their messages and understand the of the Hudson Bay drainage system, various segments of Guard members. although Devils Lake has not Dated: September 30, 1997. Affected Public: Individual or contributed to the Hudson Bay drainage J.M. Wonsik, Households. for many centuries. Colonel, Corps of Engineers, District Engineer. Annual Burden Hours: 1500. FOR FURTHER INFORMATION CONTACT: [FR Doc. 97–27879 Filed 10–20–97; 8:45 am] Number of Respondents: 6000. Questions concerning the DEIS can be BILLING CODE 3710±CY±M Responses Per Respondent: 1. directed to: Colonel J.M. Wonsik, Average Burden Per Response: 15 District Engineer, St. Paul District, minutes. Corps of Engineers, ATTN: Mr. Robert DEPARTMENT OF ENERGY Frequency: On occasion. Whiting, 190 Fifth Street East, St. Paul, SUPPLEMENTARY INFORMATION: The Minnesota 55101–1638. Bonneville Power Administration public relations, advertising and SUPPLEMENTARY INFORMATION: The DEIS Nez Perce Tribal Hatchery Program marketing activities can have a will assess impacts, identify areas of significant impact on recruiting and potential impact, identify mitigation AGENCY: Bonneville Power retention of Guard members. Recruiting features, discuss monitoring activities, Administration (BPA), Department of and retention have been areas of and identify future activities associated Energy (DOE). concern in recent years for the Army with an emergency outlet from Devils ACTION: Notice of availability of Record National Guard. This research will assist Lake. of Decision (ROD). the Army National Guard in making the Significant issues and resources to be most effective use of its budget for identified in the DEIS will be SUMMARY: This notice announces the public relations, advertising and determined through coordination with availability of the ROD to implement the marketing activities. responsible Federal, State, Canadian, Proposed Action Alternative of the Nez Gregory D. Showalter, and local agencies; the general public; Perce Tribal Hatchery Program in the Army Federal Register Liaison Officer. interested private organizations and Clearwater River Subbasin in Idaho. This decision is based on the analysis of [FR Doc. 97–27880 Filed 10–20–97; 8:45 am] parties; and affected Native Americans. the alternatives in the Final BILLING CODE 3710±08±M Anyone who has an interest in participating in the development of the Environmental Impact Statement (EIS) DEIS is invited to contact the St. Paul for the Nez Perce Tribal Hatchery (DOE/ DEPARTMENT OF DEFENSE District, Corps of Engineers. EIS–0213, July 1997). In the proposed Significant issues identified to date action, BPA would build and the Nez Department of the Army for discussion in the DEIS are as Perce Tribe would operate two central follows: incubation and rearing hatcheries and Corps of Engineers 1. Natural resources including: six satellite facilities. Spring and fall chinook salmon would be reared and Intent to Prepare a Draft Environmental fishery, wildlife, vegetation, wetlands, and riparian areas; acclimated to different areas in the Impact Statement (DEIS), Devils Lake, Subbasin and released at the hatcheries North Dakota, Emergency Outlet 2. Cultural resources; 3. Water quality and quantity, and satellite sites or in other AGENCY: U.S. Army Corps of Engineers, groundwater, erosion, and watercourses throughout the Subbasin. DoD. sedimentation; Fish would return to reproduce naturally in the areas where they are ACTION: Notice of intent. 4. Federally and State listed threatened or endangered plant or released. SUMMARY: The 1997 Emergency animal species; ADDRESSES: Copies of the ROD and EIS Supplemental Appropriations Act, 5. Social and economic resources; may be obtained by calling BPA’s toll- Public Law (Pub. L.) 105–18, directed 6. Downstream intrastate, interstate, free document request line: 1–800–622– the Secretary of the Army to conduct and international resources; 4520. preconstruction engineering and design 7. Native American and Tribal Trust FOR FURTHER INFORMATION, CONTACT: (PED) for an emergency outlet from resources and responsibilities. Leslie Kelleher—ECN–4, Bonneville 54618 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Power Administration, P.O. Box 3621, questionnaire. The supplemental information, including the use of Portland, Oregon, 97208–3621, phone questionnaire asks for: corporate information technology. number (503) 230–7692, fax number experience including two project C. DOE estimates that respondents (503) 230–5699. descriptions which demonstrate will incur no additional costs for Issued in Portland, Oregon, on October 8, experience in ESPC or the design and reporting other than the hours required 1997. installation of energy conservation to complete the collection. What is the Jack Robertson, measures, technological capabilities, estimated: (1) Total dollar amount Acting Administrator and Chief Executive proposed staff, financial status, and the annualized for capital and start-up Officer. submission of two client questionnaires. costs, and (2) recurring annual costs of [FR Doc. 97–27840 Filed 10–20–97; 8:45 am] The data collection is used to evaluate operation and maintenance, and the firms based on criteria established purchase of services associated with the BILLING CODE 6450±01±P by 10 CFR 436 to be placed on the list. data collection? DOE will later seek a reinstatement of D. Do you know of any other Federal, DEPARTMENT OF ENERGY the approval by the Office of State, or local agency that collects Management and Budget for the similar data? If you do, specify the Office of Energy Efficiency and collection under Section 3507(h) of the agency, the data element(s), and the Renewable Energy Paperwork Reduction Act of 1995 (Pub. methods of collection. L. No. 104–13, Title 44, U.S.C. Chapter As a Potential User Agency Information Collection 35). Activities; Reinstatement of Collection; A. Can you use data at the levels of Comment Request II. Current Actions detail indicated on the form? This is a reinstatement, without B. For what purpose would you use AGENCY: Department of Energy (DOE). change, of a previously approved the data? Be specific. ACTION: Agency information collection collection for which approval has C. Are there alternative sources of activities; reinstatement of collection; expired. The same information will be data and do you use them? If so, what comment request. collected; however, the supplemental are their deficiencies and/or strengths? questionnaire will be reorganized and Comments submitted in response to SUMMARY: DOE is soliciting comments concerning the reinstatement of OMB’s the instructions and questions will be this notice will be summarized and/or approval to collect information for clarified to elicit complete responses. included in the request for OMB DOE’s Qualified List of Energy Service OMB will be requested to approve the approval of the collection. They also Companies using a supplemental collection of information for another will become a matter of public record. questionnaire to Standard Form 129. three years. Statutory Authority: Section 3506(c)(2)(A) DATES: Written comments must be III. Request for Comments of the Paperwork Reduction Act of 1995 submitted by December 22, 1997. (Pub. L. No. 104–13). Prospective respondents and other Issued in Washington, DC, on October 15, ADDRESSES: Send comments to Tanya interested parties should comment on 1997. Sadler, Office of Federal Energy the action discussed in item II. The Joseph J. Romm, Management Programs, EE–92, Forrestal following guidelines are provided to Building, U.S. Department of Energy, Acting Assistant Secretary, Energy Efficiency assist in the preparation of responses. and Renewable Energy. 1000 Independence Avenue, SW, Washington, DC 20585, (202) 586–7755, General Issues [FR Doc. 97–27841 Filed 10–20–97; 8:45 am] e-mail: [email protected], and A. Is the proposed collection of BILLING CODE 6450±01±P fax: (202) 586–3000. information necessary for the proper performance of the functions of the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY Requests for additional information or agency? Does the information have copies of the form and instructions practical utility? Practical utility is Office of Energy Research should be directed to Tanya Sadler at defined as the actual usefulness of the address listed in the ADDRESSES information to or for an agency, taking Fusion Energy Sciences Advisory section. into account its accuracy, adequacy, Committee Notice of Reestablishment reliability, timeliness, and the agency’s SUPPLEMENTARY INFORMATION: ability to process the information it AGENCY: Department of Energy. I. Background collects. ACTION: Notice of reestablishment. II. Current Actions B. What enhancements can DOE make III. Request for Comments to the quality, utility, and clarity of the SUMMARY: Pursuant to Section information to be collected? 14(a)(2)(A) of the Federal Advisory I. Background Committee Act (FACA) Pub. L. No. 92– In accordance with the Energy Policy As a Potential Respondent 463, and section 101–6.1015, title 41 Act of 1992 and 10 CFR 436, the A. Are the instructions and Code of Federal Regulations, and Department of Energy has established definitions clear and sufficient? If not, following consultation with the the DOE Qualified List of Energy which instructions require clarification? Committee Management Secretariat, Service Companies (ESCO), comprised B. Public reporting burden for this General Services Administration (GSA), of private industry firms that are eligible collection is estimated to average 2 notice is hereby given that the Fusion to perform work under energy savings hours per response. Burden includes the Energy Sciences Advisory Committee performance contracts (ESPC) for total time and effort expended to has been reestablished for a two-year Federal facilities. For placement on the generate, maintain, retain, or disclose or period beginning October 1997. list, firms are required to complete an provide the information. Please The Committee will provide advice to application. The application includes a comment on (1) the accuracy of our the Department on long-range plans, Standard Form 129, Solicitation Mailing estimate and (2) how the agency could priorities, and strategies for List Application, and a supplemental minimize the burden of the collection of demonstrating the scientific and Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54619 technological feasibility of fusion Absent a request for hearing within and 214 of the Commission’s Rules of energy. this period, 3E is authorized to issue Practice and Procedure (18 CFR 385.211 The renewal of the Fusion Energy securities and assume obligations or and 385.214). Sciences Advisory Committee has been liabilities as a guarantor, indorser, Absent a request for hearing within determined to be essential to the surety, or otherwise in respect of any this period, EAPM is authorized to issue conduct of the Department’s business security of another person; provided securities and assume obligations or and in the public interest in connection that such issuance or assumption is for liabilities as a guarantor, indorser, with the performance of duties imposed some lawful object within the corporate surety, or otherwise in respect to any upon the Department of Energy by law. purposes of the applicant, and security of another person; provided The Committee will continue to operate compatible with the public interest, and that such issuance or assumption is for in accordance with the provisions of the is reasonably necessary or appropriate some lawful object within the corporate FACA, the Department of Energy for such purposes. purposes of the applicant, and Organization Act (Pub. L. 95–91), the The Commission reserves the right to compatible with the public interest, and GSA regulation on Federal Advisory require a further showing that neither is reasonably necessary or appropriate Committee Management, and other public nor private interests will be for such purposes. directives and instructions issued in adversely affected by continued The Commission reserves the right to implementation of those acts. approval of 3E’s issuances of securities require a further showing that neither FOR FURTHER INFORMATION CONTACT: Ms. or assumptions of liability. public nor private interests will be Rachel M. Samuel, U.S. Department of Notice is hereby given that the adversely affected by continued deadline for filing motions to intervene Energy, HR–7, FORS, Washington, D.C. approval of EAPM’s issuances of or protests, as set forth above, is 20585, Telephone: (202) 586–3279. securities or assumptions of liability. November 10, 1997. Copies of the full Notice is hereby given that the Issued in Washington, D.C. on October 14, text of the order are available from the 1997. deadline for filing motions to intervene Commission’s Public Reference Branch, or protests, as set forth above, is James N. Solit, 888 First Street, N.E. Washington, D.C. November 6, 1997. Copies of the full Advisory Committee Management Officer. 20426. text of the order are available from the [FR Doc. 97–27839 Filed 10–20–97; 8:45 am] Lois D. Cashell, Commission’s Public Reference Branch, BILLING CODE 6450±01±P Secretary. 888 First Street, N.E., Washington, D.C. [FR Doc. 97–27835 Filed 10–20–97; 8:45 am] 20426. BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Lois D. Cashell, Secretary. [FR Doc. 97–27834 Filed 10–20–97; 8:45 am] Federal Energy Regulatory DEPARTMENT OF ENERGY Commission BILLING CODE 6717±01±M [Docket No. ER97±4183±000] Federal Energy Regulatory Commission DEPARTMENT OF ENERGY 3E Energy Services, LLC; Notice of [Docket No. ER97±4173±000] Issuance of Order Federal Energy Regulatory Electrical Associates Power Marketing, October 16, 1997. Commission Inc.; Notice of Issuance of Order 3E Energy Service, LLC (3E) [Docket No. CP96±809±000, et al.] submitted for filing a rate schedule October 16, 1997. under which 3E will engage in Electrical Associates Power Maritimes & Northeast Pipeline L.L.C.; wholesale electric power and energy Marketing, Inc. (EAPM) submitted for Notice of Public Field Trip for the transactions as a marketer. 3E also filing a rate schedule under which Proposed Maritimes Phase II Project requested waiver of various Commission EAPM will engage in wholesale electric October 15, 1997. regulations. In particular, 3E requested power and energy transactions as a On October 29, 30, and 31, 1997, the that the Commission grant blanket marketer. EAPM also requested waiver staff of the Office of Pipeline Regulation approval under 18 CFR Part 34 of all of various Commission regulations. In will conduct a public field trip of future issuances of securities and particular, EAPM requested that the facilities proposed by Maritimes & assumptions of liability by 3E. Commission grant blanket approval Northeast Pipeline, L.L.C. in the above On October 9, 1997, pursuant to under 18 CFR Part 34 of all future referenced docket for the Maritimes delegated authority, the Director, issuances of securities and assumptions Phase II Project. Limited sites along the Division of Rate Applications, Office of of liability by EAPM. Electric Power Regulation, granted On October 7, 1997, pursuant to proposed pipelines including the requests for blanket approval under Part delegated authority, the Director, Skowhegan and Millinocket Laterals, 34, subject to the following: Division of Rate Applications, Office of and alternative routes, including the Within thirty days of the date of the Electric Power Regulation, granted Northern Alternative, will be visited. order, any person desiring to be heard requests for blanket approval under Part Anyone interested in participating in or to protest the blanket approval of 34, subject to the following: the site visit may contact Mr. Paul issuances of securities or assumptions of Within thirty days of the date of the McKee in the Commission’s Office of liability by 3E should file a motion to order, any person desiring to be heard External Affairs at (202) 208–1088 for intervene or protest with the Federal or to protest the blanket approval of more details and must provide their Energy Regulatory Commission, 888 issuances of securities or assumptions of own transportation. First Street, N.E., Washington, D.C. liability by EAPM should file a motion Robert J. Cupina, 20426, in accordance with Rules 211 to intervene or protest with the Federal Deputy Director, Office of Pipeline and 214 of the Commission’s Rules of Energy Regulatory Commission, 888 Regulation. Practice and Procedure (18 CFR 385.211 First Street, N.E., Washington, D.C. [FR Doc. 97–27830 Filed 10–20–97; 8:45 am] and 385.214). 20426, in accordance with Rules 211 BILLING CODE 6717±01±M 54620 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

DEPARTMENT OF ENERGY 888 First Street, N.E., Washington, D.C. DEPARTMENT OF ENERGY 20426. Federal Energy Regulatory Lois D. Cashell, Federal Energy Regulatory Commission Secretary. Commission [FR Doc. 97–27836 Filed 10–20–97; 8:45 am] [Docket No. ER97±4346±000] [Docket Nos. ER98±64±000 and EL98±4± BILLING CODE 6717±01±M 000] Moulton Niguel Water District; Notice Pennsylvania Public Utility of Issuance of Order DEPARTMENT OF ENERGY Commission, Metropolitan Edison October 16, 1997. Federal Energy Regulatory Company and Pennsylvania Electric Moulton Niguel Water District Commission Company, PECO Energy Company, (Moulton) submitted for filing a rate PP&L, and UGI Utilities, Inc.; Notice of Filing schedule under which Moulton will [Docket ER98±28±000] engage in wholesale electric power and October 15, 1997. energy transactions as a marketer. PECO Energy Company; Notice of Moulton also requested waiver of Filing Take notice that on October 3, 1997, various Commission regulations. In the Pennsylvania Public Utility particular, Moulton requested that the October 15, 1997. Commission filed a Petition Requesting Commission grant blanket approval Take notice that on October 3, 1997, Expedited Consideration and under 18 CFR Part 34 of all future PECO Energy Company (PECO) filed the Acceptance of Forms of Retail issuances of securities and assumptions following documents as part of its Transmission Service Agency of liability by Moulton. request for approval of a form of Agreement Necessary to Implement the On October 8, 1997, pursuant to installed capacity obligation allocation Pennsylvania Retail Access Pilot delegated authority, the Director, agreement that it intends to utilize in Programs. Also, Metropolitan Edison Division of Rate Applications, Office of connection with its state approved Company and Pennsylvania Electric Electric Power Regulation, granted Retail Access Pilot Program. Company (doing business as GPU requests for blanket approval under Part Energy), PECO Energy Company, and 34, subject to the following: Letter of Transmittal jointly PP&L, Inc., and UGI Utilities, Within thirty days of the date of the 1. Form of Installed Capacity Obligation Inc., filed their Forms of Retail order, any person desiring to be heard Allocation Agreement Transmission Service Agency or to protest the blanket approval of Agreements (Agency Agreements), Copies of the filing were served on the issuances of securities or assumptions of including unbundled retail transmission Pennsylvania Public Utility liability by Moulton should file a rate schedules, that will be used to Commission, other Pennsylvania PJM motion to intervene or protest with the implement their retail access pilot utilities and on electric generation Federal Energy Regulatory Commission, programs. The Pennsylvania suppliers licensed to sell energy to 888 First Street, N.E., Washington, D.C. Commission and the Pennsylvania PJM participants in the Pennsylvania retail 20426, in accordance with Rules 211 Utilities request the Commission to access pilot programs. and 214 of the Commission’s Rules of grant expedited consideration so that Practice and Procedure (18 CFR 385.211 Any person desiring to be heard or to the Agency Agreements may become and 385.214). protest said filing should file a motion effective on November 1, 1997. to intervene or protest with the Federal Absent a request for hearing within Any person desiring to be heard or to Energy Regulatory Commission, 888 this period, Moulton is authorized to protest said filing should file a motion First Street, N.E., Washington, D.C. issue securities and assume obligations to intervene or protest with the Federal or liabilities as a guarantor, indorser, 20426, in accordance with Rules 211 Energy Regulatory Commission, 888 surety, or otherwise in respect of any and 214 of the Commission’s Rules of First Street, N.E. Washington, D.C. security of another person; provided Practice and Procedure (18 CFR 385.211 20426, in accordance with Rules 211 that such issuance or assumption is for and 18 CFR 385.214). All such motions and 214 of the Commission’s Rules of some lawful object within the corporate or protests should be filed on or before Practice and Procedures (18 CFR purposes of the applicant, and October 24, 1997. Protests will be 385.211 and 18 CFR 385.214). All such compatible with the public interest, and considered by the Commission in motions or protests should be filed on is reasonably necessary or appropriate determining the appropriate action to be or before October 24, 1997. Protests will for such purposes. taken, but will not serve to make be considered by the Commission in protestants parties to the proceeding. determining the appropriate action to be The Commission reserves the right to Any person wishing to become a party taken, but will not serve to make require a further showing that neither must file a motion to intervene. Copies protestants parties to the proceeding. public nor private interests will be of this filing are on file with the adversely affected by continued Any person wishing to become a party Commission and are available for public approval of Moulton’s issuances of must file a motion to intervene. Copies inspection. securities or assumptions of liability. of this filing are on file with the Lois D. Cashell, Commission and are available for public Notice is hereby given that the Secretary. inspection. deadline for filing motions to intervene Lois D. Cashell, or protests, as set forth above, is [FR Doc. 97–27831 Filed 10–20–97; 8:45 am] November 7, 1997. Copies of the full BILLING CODE 6717±01±M Secretary. text of the order are available from the [FR Doc. 97–27832 Filed 10–20–97; 8:45 am] Commission’s Public Reference Branch, BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54621

DEPARTMENT OF ENERGY Sigma will engage in wholesale electric DEPARTMENT OF ENERGY power and energy transactions as a Federal Energy Regulatory marketer. Sigma also requested waiver Federal Energy Regulatory Commission of various Commission regulations. In Commission [Docket No. TM98±1±6±001] particular, Sigma requested that the Commission grant blanket approval [Docket No. TM98±1±9±002] Sea Robin Pipeline Company; Notice under 18 CFR Part 34 of all future of Proposed Changes To FERC Gas issuances of securities and assumptions Tennessee Gas Pipeline Company; Tariff of liability by Sigma. Notice of Compliance Filing October 15, 1997. On October 8, 1997, pursuant to October 15, 1997. delegated authority, the Director, Take notice that on October 8, 1997, Take notice that on October 10, 1997, Sea Robin Pipeline Company (Sea Division of Rate Applications, Office of Tennessee Gas Pipeline Company Robin) tendered for filing to become Electric Power Regulation, granted (Tennessee), tendered for filing as part part of its FERC Gas Tariff, First Revised requests for blanket approval under Part Volume No. 1, the following revised 34, subject to the following: of its FERC Gas Tariff, Fifth Revised, Volume No. 1, Sub Ninth Revised Sheet sheet, with an effective date of October Within thirty days of the date of the 1, 1997: No. 26, with an effective date of October order, any person desiring to be heard 1, 1997. First Substitute Sixth Revised Sheet No. 7 or to protest the blanket approval of First Substitute First Revised Sheet No. 7a issuances of securities or assumptions of Tennessee states that this tariff sheet First Substitute Sixth Revised Sheet No. 8 liability by Sigma should file a motion is filed in compliance with the First Substitute Sixth Revised Sheet No. 9 to intervene or protest with the Federal Commission’s September 29, 1997 Sea Robin states that the aforesaid Energy Regulatory Commission, 888 Order of the Director Accepting, tariff sheets comply with the First Street, N.E., Washington, D.C. Rejecting and Allowing Withdrawal of Commission’s Order dated September 20426, in accordance with Rules 211 Tariff Sheets in the above-referenced 29, 1997 in Docket No. TM98–1–1–000, and 214 of the Commission’s Rules of dockets. (September 29 Order). et al., ordering Sea Robin to revise its Practice and Procedure (18 CFR 385.211 Tennessee Gas Pipeline Company, 80 proposed ACA surcharge of $.0023 to and 385.214). FERC ¶ 62,290 (1997). In the September $.0022. 29, Order, the Commission directed Sea Robin states that copies of Sea Absent a request for hearing within Tennessee to file substitute tariff sheets Robin’s filing were served upon all of this period, Sigma is authorized to issue to reflect the Commission’s rejection of Sea Robin’s customers, affected securities and assume obligations or Ninth Revised Sheet No. 26 and First commissions and interested parties. liabilities as a guarantor, indorser, Revised Sheet No. 26A.1 in Tennessee Any person desiring to protest said surety, or otherwise in respect of any Gas Pipeline Company, 80 FERC filing should file a protest with the security of another person; provided ¶ 61,256 (1997). In accordance with the Federal Energy Regulatory Commission, that such issuance or assumption is for September 29 Order, Tennessee requests 888 First Street, NE., Washington, DC some lawful object within the corporate an effective date of October 1, 1997. 20426, in accordance with section purposes of the applicant, and 385.211 of the Commission’s Rules of compatible with the public interest, and Any person desiring to protest this Practice and Procedure. All such is reasonably necessary or appropriate filing should file a protest with the protests should be filed in accordance for such purposes. Federal Energy Regulatory Commission, with Section 154.210 of the 888 First Street NE., Washington, DC The Commission reserves the right to Commission’s Regulations. Protests will 20426, in accordance with Section require a further showing that neither be considered by the Commission in 385.211 of the Commission’s Rules and public nor private interests will be determining the appropriate action to be Regulations. All such protests must be taken but will not serve to make the adversely affected by continued filed as provided in Section 154.210 of protestants parties to the proceeding. approval of Sigma’s issuances of the Commission’s Regulations. Protests Copies of this filing are on file with the securities or assumptions of liability. will be considered by the Commission Commission and are available for public Notice is hereby given that the in determining the appropriate action to inspection. deadline, for filing motions to intervene be taken, but will not serve to make Lois D. Cashell, or protests, as set forth above, is protestants parties to this proceeding. Secretary. November 7, 1997. Copies of the full Copies of this filing are on file with the [FR Doc. 97–27779 Filed 10–20–97; 8:45 am] text of the order are available from the Commission and available for public BILLING CODE 6717±01±M Commission’s Public Reference Branch, inspection in the Public Reference 888 First Street, N.E. Washington, D.C. Room. 20426. Lois D. Cashell, DEPARTMENT OF ENERGY Lois D. Cashell, Secretary. Federal Energy Regulatory Secretary. [FR Doc. 97–27780 Filed 10–20–97; 8:45 am] Commission [FR Doc. 97–27833 Filed 10–20–97; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M [Docket No. ER97±4145±000]

Sigma Energy, Inc.; Notice of Issuance of Order

October 16, 1997. Sigma Energy, Inc. (Sigma) submitted for filing a rate schedule under which 54622 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

DEPARTMENT OF ENERGY power service pursuant to the 5. Alpha Energy Corporation Consumers’ Power Sales Tariff filed on [Docket No. ER97–4730–000] Federal Energy Regulatory December 31, 1996 and accepted for Take notice that on September 23, Commission filing on September 12, 1997 in Docket 1997, Alpha Energy Corporation (Alpha) No. ER97–964–000 with the following [Docket No. ER97±4726±000, et al.] petitioned the Commission for customers: acceptance of Alpha Rate Schedule Cinergy Services, Inc., et al. Electric Carolina Power & Light Company FERC No. 1; the granting of certain Rate and Corporate Regulation Filings Cinergy Services, Inc. blanket approvals, including the The Cleveland Electric Illuminating authority to sell electricity at market- October 14, 1997. Company based rates; and the waiver of certain Take notice that the following filings Enron Power Marketing, Inc. have been made with the Commission: Holland Board of Public Works Commission Regulations. Illinois Power Company Alpha intends to engage in wholesale 1. Cinergy Services, Inc. Indiana Michigan Power Company electric power and energy purchases [Docket No. ER97–4726–000] Koch Energy Trading, Inc. and sales as a marketer. Alpha is not in the business of generating or Take notice that on September Louisville Gas & Electric Company Michigan Cooperative Coordinated Pool transmitting electric power. 23,1997, Cinergy Services, Inc. Comment date: October 27, 1997, in (Cinergy), tendered for filing a service (Unexecuted) Michigan South Central Power Agency accordance with Standard Paragraph E agreement under Cinergy’s Open Access at the end of this notice. Transmission Service Tariff (the Tariff) Minnesota Power & Light Company entered into between Cinergy and e Northern Indiana Public Service 6. PacifiCorp prime, inc. (E prime). Company Ohio Edison Company [Docket No. ER97–4731–000] Cinergy and e prime are requesting an PanEnergy Trading and Market Services, Take notice that on September 23, effective date of August 31, 1997. LLC 1997, PacifiCorp, tendered for filing in Comment date: October 27, 1997, in PECo Energy Company accordance with 18 CFR Part 35 of the accordance with Standard Paragraph E The Toledo Edison Company Commission’s Rules and Regulations, at the end of this notice. Sonat Power Marketing, L.P. Non-Firm and Short-Term Firm Point- 2. New England Power Pool Southern Minnesota Municipal Power To-Point Transmission Service Agency Agreements with Delhi Energy Services, [Docket No. ER97–4727–000] Virginia Power Company Inc., and a Short-Term Firm Point-To- Take notice that on September 22, Vital Gas & Electric LLC Point Transmission Service Agreement 1997, the New England Power Pool Wabash Valley Power Association, Inc. with Public Services Company of (NEPOOL) filed two (2) Service Wisconsin Electric Power Company Colorado under PacifiCorp’s FERC Agreements for Through or Out Service Wolverine Power Supply Cooperative, Electric Tariff, First Revised Volume No. or Other Point-to-Point Transmission Inc. 11. Service pursuant to § 205 of the Federal Copies of the filed agreements were Copies of this filing were supplied to Power Act and 18 CFR 35.12 of the served upon the Michigan Public the Washington Utilities and Commission’s Regulations. Service Commission and the respective Transportation Commission and the Acceptance of these Service customers. Public Utility Commission of Oregon. Agreements will permit NEPOOL to Comment date: October 27, 1997, in A copy of this filing may be obtained provide transmission service to accordance with Standard Paragraph E from PacifiCorp’s Regulatory Consolidated Edison Company of New at the end of this notice. Administration Department’s Bulletin York, Inc., and to Public Service Electric 4. Washington Water Power Board System through a personal and Gas Company in accordance with computer by calling (503) 464–6122 the provisions of the NEPOOL Open [Docket No. ER97–4729–000] (9600 baud, 8 bits, no parity, 1 stop bit). Access Transmission Tariff filed with Take notice that on September 23, Comment date: October 27, 1997, in the Commission on December 31, 1996, 1997, the Washington Water Power accordance with Standard Paragraph E as amended and supplemented, under Company (WWP), tendered for filing a at the end of this notice. the above-referenced dockets. NEPOOL Notice of Cancellation from Clark 7. Commonwealth Edison Company requests an effective date of September County PUD dated January 31, 1997, 1, 1997 for commencement of terminating service with Clark County [Docket No. ER97–4732–000] transmission services. Copies of this PUD under WWP’s Power Sales Take notice that on September 24, filing were served upon all persons on Agreement for an effective termination 1997, Commonwealth Edison Company the Commission’s official service lists in date of July 31, 1997. Notice is hereby (ComEd) submitted for filing two the captioned proceedings, the NEPOOL given that effective July 31, 1997, Rate Service Agreements, establishing members, the New England Public Schedule FERC No. 222 with Clark Equitable Power Services Company Utility Commissioners and all parties to County PUD and filed with the Federal (EPS) and QST Energy Trading (QST), as the transactions. Energy Regulatory Commission by customers under the terms of ComEd’s Comment date: October 27, 1997, in Washington Water Power is to be Power Sales and Reassignment of accordance with Standard Paragraph E canceled at Clark County PUD’s request. Transmission Rights Tariff PSRT–1 at the end of this notice. Notice of the proposed cancellation (PSRT–1 Tariff). The Commission has 3. Consumers Energy Company has been served upon the following: Mr. previously designated the PSRT–1 Tariff James L. Sanders, Clark County PUD, as FERC Electric Tariff, First Revised [Docket No. ER97–4728–000] Director of Technical Services, PO Box Volume No. 2. Take notice that on September 22, 8900, Vancouver, Washington 98668. ComEd requests an effective date of 1997, Consumers Energy Company Comment date: October 27, 1997, in August 27, 1997, and accordingly seeks (Consumers), tendered for filing service accordance with Standard Paragraph E waiver of the Commission’s agreements for unbundled wholesale at the end of this notice. requirements. Copies of this filing were Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54623 served upon EPS, QST, and the Illinois Comment date: October 27, 1997, in or protests should be filed on or before Commerce Commission. accordance with Standard Paragraph E the comment date. Protests will be Comment date: October 27, 1997, in at the end of this notice. considered by the Commission in accordance with Standard Paragraph E determining the appropriate action to be 12. Duquesne Light Company at the end of this notice. taken, but will not serve to make [Docket No. ER97–4737–000] protestants parties to the proceeding. 8. Maine Electric Power Company Take notice that on September 25, Any person wishing to become a party [Docket No. ER97–4733–000] 1997, Duquesne Light Company (DLC) must file a motion to intervene. Copies Take notice that on September 24, filed a Service Agreement dated of this filing are on file with the 1997, Maine Electric Power Company September 11, 1997, with Strategic Commission and are available for public (MEPCO), tendered for filing a Non- Energy Ltd., under DLC’s FERC inspection. Firm Point-to-Point Transmission Coordination Sales Tariff (Tariff). The Lois D. Cashell, service agreement entered into with Service Agreement adds Strategic Secretary. Williams Energy Services Company. Energy Ltd., as a customer under the [FR Doc. 97–27837 Filed 10–20–97; 8:45 am] Service will be provided pursuant to Tariff. DLC requests an effective date of BILLING CODE 6717±01±P MEPCO’s Open Access Transmission September 11, 1997, for the Service Tariff, designated rate schedule Agreement. MEPCO—FERC Electric Tariff, Original Comment date: October 27, 1997, in DEPARTMENT OF ENERGY Volume No. 1, as supplemented. accordance with Standard Paragraph E Comment date: October 27, 1997, in at the end of this notice. Federal Energy Regulatory accordance with Standard Paragraph E Commission at the end of this notice. 13. Duquesne Light Company [Docket No. ER97–4738–000] 9. Central Illinois Light Company [Docket No. EG98±2±000, et al.] Take notice that on September 25, [Docket No. ER97–4734–000] 1997, Duquesne Light Company (DLC) PDC Berkshire Power LLC, et al. Take notice that on September 24, filed a Service Agreement dated August Electric Rate and Corporate Regulation 1997, Central Illinois Light Company 26, 1997, with CMS Marketing, Services Filings (CILCO), 300 Liberty Street, Peoria, & Trading Company under DLC’s FERC October 10, 1997. Illinois 61202, tendered for filing with Coordination Sales Tariff (Tariff). The the Commission a substitute Index of Service Agreement adds CMS Take notice that the following filings Customers under its Coordination Sales Marketing, Services & Trading Company have been made with the Commission: Tariff and service agreement for one as a customer under the Tariff. DLC 1. PDC Berkshire Power LLC new customer, US Gen Power Services, requests an effective date of August 26, [Docket No. EG98–2–000] L.P. 1997, for the Service Agreement. CILCO requested an effective date of Comment date: October 27, 1997, in On October 8, 1997, PDC Berkshire September 22, 1997. accordance with Standard Paragraph E Power, LLC, 200 High Street, Boston, Copies of the filing were served on the at the end of this notice. Massachusetts 02110, filed with the affected customer and the Illinois Federal Energy Regulatory Commission Commerce Commission. 14. Florida Power Corporation an application for determination of Comment date: October 27, 1997, in [Docket No. ER97–4739–000] exempt wholesale generator status accordance with Standard Paragraph E Take notice that on September 24, pursuant to Part 365 of the at the end of this notice. 1997, Florida Power Corporation Commission’s Regulations. The applicant is a Massachusetts 10. Arizona Public Service Company (Florida Power), tendered for filing a service agreement between Southern limited liability company that proposes [Docket No. ER97–4735–000] Company Services Inc. and Florida to construct and own a two hundred Take notice that on September 23, Power for service under Florida Power’s seventy-two (272) megawatt natural gas- 1997, Arizona Public Service Company, Market-Based Wholesale Power Sales fired electric generation facility, tendered for filing revised Fuel Tariff (MR–1), FERC Electric Tariff, including ancillary and appurtenant Adjustment Clause Exhibits reflecting Original Volume No 8. This Tariff was structures, on a site in the town of changes in the Western System Power accepted for filing by the Commission Agawam, Massachusetts. Pool Agreement. on June 26, 1997, in Docket No. ER97– Comment date: October 31, 1997, in A copy of this filing has been served 2846–000. The service agreement is accordance with Standard Paragraph E on all parties on the Service List. proposed to be effective September 10, at the end of this notice. The Comment date: October 27, 1997, in 1997. Commission will limit its consideration accordance with Standard Paragraph E Comment date: October 27, 1997, in of comments to those that concern the at the end of this notice. accordance with Standard Paragraph E adequacy or accuracy of the application. 11. Additional Signatory to PJM at the end of this notice. 2. Arizona Public Service Company Interconnection, L.L.C. ) Operating Standard Paragraph [Docket No. EL97–61–000] Agreement E. Any person desiring to be heard or Take notice that on September 22, [Docket No. ER97–4736–000] to protest said filing should file a 1997, Arizona Public Service Company Take notice that on September 24, motion to intervene or protest with the (the Company) tendered for filing an 1997, the PJM Interconnection, L.L.C. Federal Energy Regulatory Commission, informational report on refunds of (PJM) filed, on behalf of the Members of 888 First Street, N.E., Washington, D.C. overbilled amounts to wholesale the L.L.C., a membership application of 20426, in accordance with Rules 211 customers through the Company’s FERC Energis Resources Incorporated. PJM and 214 of the Commission’s Rules of Fuel Adjustment Clause. requests an effective date of September Practice and Procedure (18 CFR 385.211 Copies of this filing have been served 25, 1997. and 18 CFR 385.214). All such motions upon the affected parties as follows: 54624 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

APS– Comment date: October 24, 1997, in 9. The Washington Water Power FPC/ accordance with Standard Paragraph E Company Customers FERC at the end of this notice. Rate [Docket No. ER97–4474–000] Schedule 5. Nevada Power Company Take notice that on September 22, 1997, The Washington Water Power Electrical District No. 3 (ED–3) ... 12 [Docket Nos. ER97–3688–000, ER97–3689– Tohono O’odham Utility Author- 000 and ER97–3690–000] Company tendered a supplemental ity (TOUA) ...... 52 filing for the 1997 Agreement For The Welton-Mohawk Irrigation and Take notice that on September 9, Hourly Coordination of Projects on the Drainage District (Welton-Mo- 1997, Nevada Power Company tendered Mid-Columbia River entered into as of hawk) ...... 58 for filing an amendment in the above- July 1, 1997. The supplemental filing Arizona Power Authority (APA) 59 referenced dockets. included Certificates of Concurrence in Colorado River Indian Irrigation Lieu of Filing on behalf of PacifiCorp, Project (CRIP) ...... 65 Comment date: October 23, 1997, in accordance with Standard Paragraph E Portland General Electric Company, and Electrical District No. 1 (ED–1) ... 68 Colockum Transmission Co., Inc. Town of Wickenburg at the end of this notice. (Wickenburg) ...... 74 A copy of this filing has been mailed Southern California Edison Com- 6. Cinergy Services, Inc. to each of the parties to the 1997 pany (SCE) ...... 120 [Docket No. ER97–4083–000] Agreement for Hourly Coordination of Electrical District No. 6 (ED–6) ... 126 Projects on the Mid-Columbia River. Electrical District No. 7 (ED–7) ... 128 Take notice that on September 23, Comment date: October 24, 1997, in Electrical District No. 8 (ED–8) ... 140 1997, Cinergy Services, Inc., tendered accordance with Standard Paragraph E Aguila Irrigation District (AID) ... 141 for filing an amendment in the above- at the end of this notice. McMullen Valley Water Con- referenced docket. servation and Drainage District 10. Duke Energy Corporation (MVD) ...... 142 Comment date: October 24, 1997, in Tonopah Irrigation District (TID) 143 accordance with Standard Paragraph E [Docket No. ER97–4496–000] Harquahala Valley Power District at the end of this notice. Take notice that on September 26, (HVPD) ...... 153 1997, Duke Energy Corporation filed an Buckeye Water Conservation and 7. Cleveland Electric Illuminating amendment in the above-referenced Drainage District (Buckeye) ..... 155 Company and the Toledo Edison docket. Roosevelt Irrigation District (RID) 158 Company Comment date: October 24, 1997, in Maricopa County Municipal Water Conservation District [Docket No. ER97–4158–000] accordance with Standard Paragraph E at the end of this notice. (MCMWCD) ...... 168 Take notice that on September 25, City of Williams (Williams) ...... 192 1997, the Centerior Service Company as 11. Cleveland Electric Illuminating San Carlos Indian Irrigation Company and the Toledo Edison Project (SCIIP) ...... 201 Agent for The Cleveland Electric Maricopa County Municipal Illuminating Company and The Toledo Company Water Conservation District at Edison Company filed amended Service [Docket Nos. ER97–4590–000 and ER97– Lake Pleasant (MCMWCD- Agreements, in the above referenced 4591–000] Lk.Pl.) ...... 209 docket, to provide Non-Firm Point-to- Take notice that on September 25, the California Public Utilities Commission Point Transmission Service for 1997, the Centerior Service Company as and the Arizona Corporation Commission. American Electric Power, AES Power, Agent for The Cleveland Electric Comment date: October 27, 1997, in Incorporated, Cinergy Services, Illuminating Company and The Toledo accordance with Standard Paragraph E Incorporated, Engage Energy Edison Company filed amendments in at the end of this notice. Incorporated, Noram Energy Services, the above-referenced dockets. and Pacificorp Power Marketing, the Comment date: October 24, 1997, in 3. Idaho Power Company Transmission Customers. Services are accordance with Standard Paragraph E [Docket No. ER97–1481–000] being provided under the Centerior at the end of this notice. Open Access Transmission Tariff Take notice that on September 22, submitted for filing by the Federal 12. Cleveland Electric Illuminating 1997, Idaho Power Company tendered Energy Regulatory Commission in Company and the Toledo Edison for filing an amendment in the above- Docket No. OA96–204–000. The Company referenced docket. proposed effective date under the [Docket No. ER97–4613–000] Comment date: October 24, 1997, in Service Agreements are August 12, Take notice that on September 25, accordance with Standard Paragraph E 1997. 1997, the Centerior Service Company as at the end of this notice. Comment date: October 24, 1997, in Agent for The Cleveland Electric 4. Entergy Services, Inc. accordance with Standard Paragraph E Illuminating Company and The Toledo at the end of this notice. Edison Company filed amended Service [Docket No. ER97–2903–000] Agreements, on the above-referenced Take notice that on September 8, 1997 8. Puget Sound Energy, Inc. docket, Firm Point-to-Point and September 24, 1997, Entergy [Docket No. ER97–4241–000] Transmission Service for Vitol Gas & Services, Inc. (Entergy Services), as Electric and Enron Power Marketing, agent for Entergy Arkansas, Inc., Entergy Take notice that on September 18, Incorporated, the Transmission Gulf States, Inc., Entergy Louisiana, Inc., 1997, Puget Sound Energy, Inc., Customers. Services are being provided Entergy Mississippi, Inc., and Entergy tendered for filing a letter of withdrawal under the Centerior Open Access New Orleans, Inc. (collectively, the in the above-referenced docket. Transmission Tariff submitted for filing Entergy Operating Companies), tendered Comment date: October 24, 1997, in by the Federal Energy Regulatory for filing amendments in the above- accordance with Standard Paragraph E Commission in Docket No. OA96–204– referenced docket. at the end of this notice. 000. The proposed effective date under Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54625 the Service Agreement are July 25, 1997 16. Arizona Public Service Company 19. Public Service Electric and Gas and July 28, 1997 respectively. [Docket No. ER97–4709–000] Company Comment date: October 24, 1997, in [Docket No. ER97–4712–000] accordance with Standard Paragraph E Take notice that on September 23, at the end of this notice. 1997, Arizona Public Service Company Take notice that on September 23, (APS), tendered for filing Service 1997, Public Service Electric and Gas 13. Entergy Services, Inc. Agreements to provide umbrella short- Company (PSE&G) of Newark, New [Docket No. ER97–4706–000] term Firm Point-to-Point Transmission Jersey, tendered for filing an agreement Take notice that on September 22, Service under APS’ Open Access for the sale of capacity and energy to 1997, Entergy Services, Inc. (Entergy Transmission Tariff with Williams Baltimore Gas and Electric Company Services), on behalf of Entergy Energy Services, Inc., and Idaho Power (BG&E) pursuant to the PSE&G Arkansas, Inc., Entergy Gulf States, Inc., Company. Wholesale Power Market Based Sales Entergy Louisiana, Inc., Entergy A copy of this filing has been served Tariff, presently on file with the Mississippi, Inc., and Entergy New on Williams Energy Services, Inc., Idaho Commission. Orleans, Inc. (collectively, the Entergy Power Company, the Idaho Public PSE&G further requests waiver of the Operating Companies), tendered for Utilities Commission and the Arizona Commission’s regulations such that the filing a Short-Term Market Rate Sales Corporation Commission. agreement can be made effective as of Agreement between Entergy Services, as Comment date: October 24, 1997, in August 25, 1997. agent for the Entergy Operating accordance with Standard Paragraph E Copies of the filing have been served Companies, and Minnesota Power & at the end of this notice. upon BG&E and the New Jersey Board Light Company, for sale of power under of Public Utilities. Entergy Services’ Rate Schedule SP. 17. Public Service Electric and Gas Comment date: October 24, 1997, in Comment date: October 24, 1997, in Company accordance with Standard Paragraph E accordance with Standard Paragraph E [Docket No. ER97–4710–000] at the end of this notice. at the end of this notice. Take notice that on September 23, 20. Public Service Electric and Gas 14. Washington Water Power 1997, Public Service Electric and Gas Company Company (PSE&G) of Newark, New [Docket No. ER97–4707–000] [Docket No. ER97–4713–000] Take notice that on September 22, Jersey, tendered for filing an agreement for the sale of capacity and energy to Take notice that on September 23, 1997, Washington Water Power, 1997, Public Service Electric and Gas tendered for filing with the Federal ProLiance Energy L.L.C. (ProLiance), pursuant to the PSE&G Wholesale Company (‘‘PSE&G’’) of Newark, New Energy Regulatory Commission Jersey, tendered for filing an agreement pursuant to 18 CFR 35.13, an executed Power Market Based Sales Tariff, presently on file with the Commission. for the sale of capacity and energy to Service Agreement under WWP’s FERC Jersey Central Power & Light Company, PSE&G further requests waiver of the Electric Tariff First Revised Volume No. Metropolitan Edison Company, and Commission’s Regulations such that the 9., with Tenaska Power Services Co. Pennsylvania Electric Company d/b/a agreement can be made effective as of WWP requests waiver of the prior notice GPU Energy (‘‘GPU’’) pursuant to the August 25, 1997. requirement and requests an effective PSE&G Wholesale Power Market Based date of June 1, 1997. Copies of the filing have been served Sales Tariff, presently on file with the Comment date: October 24, 1997, in upon ProLiance and the New Jersey Commission. accordance with Standard Paragraph E Board of Public Utilities. PSE&G further requests waiver of the at the end of this notice. Comment date: October 24, 1997, in Commission’s regulations such that the 15. Western Resources, Inc. accordance with Standard Paragraph E agreement can be made effective as of at the end of this notice. [Docket No. ER97–4708–000] August 25, 1997. Take notice that on September 23, 18. Public Service Electric and Gas Copies of the filing have been served 1997, Western Resources, Inc., tendered Company upon GPU and the New Jersey Board of Public Utilities. for filing three firm transmission [Docket No. ER97–4711–000] agreements between Western Resources Comment date: October 24, 1997, in Take notice that on September 23, and Western Resources Generation accordance with Standard Paragraph E 1997, Public Service Electric and Gas Services. Western Resources states that at the end of this notice. Company (PSE&G) of Newark, New the purpose of the agreements is to Jersey, tendered for filing an agreement 21. Public Service Electric and Gas permit non-discriminatory access to the for the sale of capacity and energy to Company transmission facilities owned or Amoco Energy Trading Corporation controlled by Western Resources in [Docket No. ER97–4714–000] (Amoco) pursuant to the PSE&G accordance with Western Resources’ Take notice that on September 23, Wholesale Power Market Based Sales open access transmission tariff on file 1997, Public Service Electric and Gas Tariff, presently on file with the with the Commission. The agreements Company (‘‘PSE&G’’) of Newark, New Commission. are proposed to become effective Jersey, tendered for filing an agreement September 12, 1997, September 14, PSE&G further requests waiver of the for the sale of capacity and energy to 1997, and September 18, 1997, Commission’s Regulations such that the Carolina Power & Light Company respectively. agreement can be made effective as of (‘‘CP&L’’) pursuant to the PSE&G Copies of the filing were served upon August 25, 1997. Wholesale Power Market Based Sales Western Resources Generation Services Copies of the filing have been served Tariff, presently on file with the and the Kansas Corporation upon Amoco and the New Jersey Board Commission. Commission. of Public Utilities. PSE&G further requests waiver of the Comment date: October 24, 1997, in Comment date: October 24, 1997, in Commission’s regulations such that the accordance with Standard Paragraph E accordance with Standard Paragraph E agreement can be made effective as of at the end of this notice. at the end of this notice. August 25, 1997. 54626 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Copies of the filing have been served Federal Energy Sales, Inc. (‘‘Federal Jersey, tendered for filing an agreement upon CP&L and the New Jersey Board of Energy’’) pursuant to the PSE&G for the sale of capacity and energy to Public Utilities. Wholesale Power Market Based Sales CNG Power Services Corporation Comment date: October 24, 1997, in Tariff, presently on file with the (‘‘CNG’’) pursuant to the PSE&G accordance with Standard Paragraph E Commission. Wholesale Power Market Based Sales at the end of this notice. PSE&G further requests waiver of the Tariff, presently on file with the Commission’s regulations such that the 22. Public Service Electric and Gas Commission. agreement can be made effective as of Company PSE&G further requests waiver of the August 25, 1997. Commission’s regulations such that the [Docket No. ER97–4715–000] Copies of the filing have been served agreement can be made effective as of Take notice that on September 23, upon Federal Energy and the New Jersey August 25, 1997. 1997, Public Service Electric and Gas Board of Public Utilities. Company (‘‘PSE&G’’) of Newark, New Comment date: October 24, 1997, in Copies of the filing have been served Jersey, tendered for filing an agreement accordance with Standard Paragraph E upon CNG and the New Jersey Board of for the sale of capacity and energy to at the end of this notice. Public Utilities. Duquense Light Company (‘‘Duquense’’) 25. Public Service Electric and Gas Comment date: October 24, 1997, in pursuant to the PSE&G Wholesale Company accordance with Standard Paragraph E Power Market Based Sales Tariff, at the end of this notice. presently on file with the Commission. [Docket No. ER97–4718–000] PSE&G further requests waiver of the Take notice that on September 23, 28. Public Service Electric and Gas Commission’s regulations such that the 1997, Public Service Electric and Gas Company agreement can be made effective as of Company (‘‘PSE&G’’) of Newark, New [Docket No. ER97–4721–000] August 25, 1997. Jersey, tendered for filing an agreement Copies of the filing have been served for the sale of capacity and energy to Take notice that on September 23, upon Duquesne and the New Jersey Citizens Power Sales (‘‘Citizens’’) 1997, Public Service Electric and Gas Board of Public Utilities. pursuant to the PSE&G Wholesale Company (‘‘PSE&G’’) of Newark, New Comment date: October 24, 1997, in Power Market Based Sales Tariff, Jersey, tendered for filing an agreement accordance with Standard Paragraph E presently on file with the Commission. for the sale of capacity and energy to at the end of this notice. PSE&G further requests waiver of the Tractabel Energy Marketing, Inc. Commission’s regulations such that the (‘‘Tractabel’’) pursuant to the PSE&G 23. Public Service Electric and Gas agreement can be made effective as of Wholesale Power Market Based Sales Company August 25, 1997. Tariff, presently on file with the [Docket No. ER97–4716–000] Copies of the filing have been served Commission. Take notice that on September 23, upon Citizens and the New Jersey Board PSE&G further requests waiver of the 1997, Public Service Electric and Gas of Public Utilities. Commission’s regulations such that the Company (‘‘PSE&G’’) of Newark, New Comment date: October 24, 1997, in agreement can be made effective as of Jersey, tendered for filing an agreement accordance with Standard Paragraph E August 25, 1997. for the sale of capacity and energy to at the end of this notice. Copies of the filing have been served Northeast Utilities Company, acting as 26. Public Service Electric and Gas upon Tractabel and the New Jersey agent for The Connecticut Light and Company Board of Public Utilities. Power Company, Western Comment date: October 24, 1997, in Massachusetts Electric Company, [Docket No. ER97–4719–000] accordance with Standard Paragraph E Holyoke Water Power Company, Take notice that on September 23, at the end of this notice. Holyoke Power and Electric Company 1997, Public Service Electric and Gas and Public Service Company of New Company (‘‘PSE&G’’) of Newark, New 29. Public Service Electric and Gas Hampshire (‘‘NU’’) pursuant to the Jersey, tendered for filing an agreement Company PSE&G Wholesale Power Market Based for the sale of capacity and energy to Sales Tariff, presently on file with the AYP Energy (‘‘AYP’’) pursuant to the [Docket No. ER97–4722–000] Commission. PSE&G Wholesale Power Market Based Take notice that on September 23, PSE&G further requests waiver of the Sales Tariff, presently on file with the 1997, Public Service Electric and Gas Commission’s regulations such that the Commission. Company (‘‘PSE&G’’) of Newark, New agreement can be made effective as of PSE&G further requests waiver of the Jersey, tendered for filing an agreement August 25, 1997. Commission’s regulations such that the for the sale of capacity and energy to Copies of the filing have been served agreement can be made effective as of Vitol Gas & Electric, L.L.C. (‘‘Vitol’’) upon NU and the New Jersey Board of August 25, 1997. pursuant to the PSE&G Wholesale Public Utilities. Copies of the filing have been served Power Market Based Sales Tariff, Comment date: October 24, 1997, in upon AYP and the New Jersey Board of presently on file with the Commission. accordance with Standard Paragraph E Public Utilities. PSE&G further requests waiver of the at the end of this notice. Comment date: October 24, 1997, in Commission’s regulations such that the accordance with Standard Paragraph E 24. Public Service Electric and Gas agreement can be made effective as of at the end of this notice. Company August 25, 1997. [Docket No. ER97–4717–000] 27. Public Service Electric and Gas Copies of the filing have been served Company Take notice that on September 23, upon Vitol and the New Jersey Board of 1997, Public Service Electric and Gas [Docket No. ER97–4720–000] Public Utilities. Company (‘‘PSE&G’’) of Newark, New Take notice that on September 23, Comment date: October 24, 1997, in Jersey, tendered for filing an agreement 1997, Public Service Electric and Gas accordance with Standard Paragraph E for the sale of capacity and energy to Company (‘‘PSE&G’’) of Newark, New at the end of this notice. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54627

30. American Electric Power Service Comment date: October 24, 1997, in measures, would not constitute a major Corporation accordance with Standard Paragraph E Federal action significantly affecting the [Docket No. ER97–4723–000] at the end of this notice. quality of the human environment. The EA assesses the potential Take notice that on September 22, 33. Southern Indiana Gas & Electric environmental effects of the 1997, the American Electric Power Company construction and operation of the Service Corporation (AEPSC), tendered [Docket No. OA96–117–002 proposed reactivation of Line 1–A in for filing executed service agreements Take notice that on September 23, Chester and Delaware Counties, under the AEP companies’ Power Sales 1997, Southern Indiana Gas & Electric Pennsylvania, including: Tariff. The Power Sales Tariff was Company tendered for filing its • Reactivating about 22.7 miles of the accepted for filing effective October 1, compliance filing in the above- 20-inch-diameter Line 1–A, which 1995, and has been designated AEP referenced docket. includes investigating and repairing/ Companies’ FERC Electric Tariff First Comment date: October 24, 1997, in replacing 101 anomaly sites, if needed, Revised Volume No. 2. AEPSC requests accordance with Standard Paragraph E and hydrostatically testing the entire waiver of notice to permit the service at the end of this notice. length of the pipeline; agreements to be made effective for • Installing new regulating facilities service billed on and after August 24, Standard Paragraph at Eagle Compressor Station; 1997. E. Any person desiring to be heard or • Installing a delivery tap off Line 1– A copy of the filing was served upon to protest said filing should file a A for Texas Eastern’s existing the Parties and the State Utility motion to intervene or protest with the Planebrook Measuring and Regulating Regulatory Commissions of Indiana, Federal Energy Regulatory Commission, Station (M&R); Kentucky, Michigan, Ohio, Tennessee, 888 First Street, N.E., Washington, D.C. • Installing mainline valves at Virginia and West Virginia. 20426, in accordance with Rules 211 Comment date: October 24, 1997, in mileposts 6.8, 12.6, and 16.0; and 214 of the Commission’s Rules of • accordance with Standard Paragraph E Practice and Procedure (18 CFR 385.211 Installing delivery taps on Line 1– at the end of this notice. and 18 CFR 385.214). All such motions H and Line 1–A for PICO Energy or protests should be filed on or before Company’s (PECO) new Hersheys Mill 31. Southern California Edison M&R Station; Company, The Montana Power the comment date. Protests will be • considered by the Commission in Installing delivery taps on Line 1– Company, Nevada Power Company, A and 1–H, and a new Brookhaven M&R PacifiCorp, Pacific Gas and, Electric determining the appropriate action to be taken, but will not serve to make Station at the existing Chester Junction Company, and Sierra Pacific Power site; and Company protestants parties to the proceeding. • Any person wishing to become a party Replacing the existing temporary [Docket No. ER97–4724–000] must file a motion to intervene. Copies pig receiver with a permanent receiver Take notice that on September 22, of this filing are on file with the at the Chester Junction site. 1997, Southern California Edison Commission and are available for public The purpose of the proposed facilities Company (‘‘Edison’’), tendered for filing inspection. would be to allow Texas Eastern to deliver on a firm basis up to 120,000 the revised Western Systems Lois D. Cashell, dekatherms per day (Dth/d) of natural Coordinating Council (‘‘WSCC’’) Secretary. Unscheduled Flow Mitigation Plan gas to PECO and 8,000 Dth/d to Mobil [FR Doc. 97–27838 Filed 10–20–97; 8:45 am] (‘‘Revised Plan’’) which alters the Oil Corporation. methodology for calculating BILLING CODE 6717±01±P The EA has been placed in the public unscheduled flow mitigation dues to be files of the FERC. A limited number of copies of the EA are available for paid by WSCC Members. The Montana DEPARTMENT OF ENERGY Power Company, Nevada Power distribution and public inspection at: Company, PacifiCorp, Pacific Gas and Federal Energy Regulatory Federal Energy Regulatory Commission, Electric Company, and Sierra Pacific Commission Public Reference and Files Maintenance Power Company have tendered Branch, 888 First Street, N.E., Room 2A, [Docket No. CP97±276±000] Certificates of Concurrence supporting Washington, D.C. 20426, (202) 208– 1371. the filing. Copies of the filing were Texas Eastern Transmission Copies of the EA have been mailed to served upon all the WSCC Members and Corporation; Notice of Availability of Federal, state and local agencies, public all the state utility commissions in the Environmental Assessment for the interest groups, interested individuals, which the WSCC Members provide Proposed Line 1±A Reactivation newspapers, and parties to this retail electric service. Project Comment date: October 24, 1997, in proceeding. accordance with Standard Paragraph E October 15, 1997. Any person wishing to comment on at the end of this notice. The staff of the Federal Energy the EA may do so. To ensure Regulatory Commission (FERC or consideration prior to a Commission 32. Cinergy Services, Inc. Commission) has prepared an decision on the proposal, it is important [Docket No. ER97–4725–000] environmental assessment (EA) on the that we receive your comments before Take notice that on September 23, natural gas pipeline facilities proposed the date specified below. Please 1997, Cinergy Services, Inc. (Cinergy), by Texas Eastern Transmission carefully follow these instructions to tendered for filing a service agreement Corporation (Texas Eastern) in the ensure that your comments are received under Cinergy’s Open Access above-referenced docket. in time and properly recorded: Transmission Service Tariff (the Tariff) The EA was prepared to satisfy the • Send two copies of your comments entered into between Cinergy and e requirements of the National to: Lois Cashell, Secretary, Federal prime, inc. (E prime). Environmental Policy Act. The staff Energy Regulatory Commission, 888 Cinergy and e prime are requesting an concludes that approval of the proposed First St., FN.E., Room 1A, Washington, effective date of August 31, 1997. project, with appropriate mitigating DC 20426. 54628 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

• Label one copy of the comments for and replace, within the same right-of- whenever it considers the issuance of a the attention of the Environmental way, two sections of its 24-inch- Certificate of Public Convenience and Review and Compliance Branch, PR– diameter mainline pipeline in Calcasieu Necessity. NEPA also requires us to 11.2 Parish, Louisiana. The sections to be discover and address concerns the • Reference Docket No. CP97–276– replaced are between mileposts 425.99 public may have about proposals. We 000; and and 426.92 (section 1), 430.53 and call this ‘‘scoping.’’ The main goal of the • Mail your comments so that they 432.09 (section 2), and 432.17 and scoping process is to focus the analysis will be received in Washington, DC on 432.40 (section 3). in the EA on the important or before November 14, 1997. Below is an explanation of the work environmental issues. By this Notice of Comments will be considered by the involved. Intent, the Commission requests public Commission but will not serve to make Section 1: Abandon, 5,070 feet of comments on the scope of the issues it the comenter a party to the proceeding. existing 24-inch-diameter mainline and will address in the EA. All comments Any person seeking to become a party install about 8,883 feet of new 24-inch- received are considered during the to the proceeding must file a motion to diameter pipeline. preparation of the EA. State and local intervene pursuant to Rule 214 of the Section 2: Abandon about 8,236 feet government representatives are Commission’s Rules of Practice and of existing 24-inch-diameter mainline encouraged to notify their constituents Procedures (18 CFR 385.214). and install about 7,586 feet of new 24- of this proposed action and encourage The date for filing timely motions to inch-diameter pipeline located 10 feet them to comment on their areas of intervene in this proceeding has passed. south of the existing pipeline. The concern. Therefore, parties now seeking to file remaining 650 feet of new 24-inch- The EA will discuss impacts that late interventions must show good diameter pipeline would be north of the could occur from the construction and cause, as required by Section existing pipeline. operation of the proposed project under 385.214(b)(3), why this time limitation Section 3: Abandon about 1,239 feet these general headings: should be waived. Environmental issues of existing 24-inch-diameter mainline, • Geology and soils have been viewed as good cause for late and install about 1,239 feet of new 24- • Water resources, fisheries, and intervention. You do not need inch-diameter pipeline located 10 feet wetlands intervenor status to have your south of the existing mainline. • Vegetation and wildlife comments considered. All of the facilities are in Calcasieu • Public safety Lois D. Cashell, Parish, Louisiana. The pipeline sections • Land use Secretary. must be replaced to comply with • Cultural resources • [FR Doc. 97–27776 Filed 10–20–97; 8:45 am] Department of Transportation Endangered and threatened species BILLING CODE 6717±01±M Regulations. We will also evaluate possible The proposed facilities would cost alternatives to the proposed project or about $3,762,161. portions of the project, and make DEPARTMENT OF ENERGY The general location of the project recommendations on how to lessen or facilities is shown in appendix 1.2 If you avoid impacts on the various resource Federal Energy Regulatory are interested in obtaining procedural areas. Commission information, please write to the Our independent analysis of the [Docket No. CP97±690±000] Secretary of the Commission. issues will be in the EA. Depending on the comments received during the Florida Gas Transmission Company; Land Requirements for Construction scoping process, the EA may be Notice of Intent To Prepare an The replacement and relocation of the published and mailed to Federal, state, Environmental Assessment for the 3 sections of the 24-inch-diameter and local agencies, public interest Proposed FGT 24′′ Calcasieu Pipeline mainline pipeline would affect about 23 groups, interested individuals, affected Replacement Project and Request for acres with 7 acres being needed for landowners, newspapers, libraries, and Comments on Environmental Issues Section 1, 10 acres for Section 2, and 2 the Commission’s official service list for acres for Section 3. Section 1 would this proceeding. A comment period will October 15, 1997. require an additional 4 acres for a new be allotted for review if the EPA is The staff of the Federal Energy permanent right-of-way. published. We will consider all Regulatory Commission (FERC or Temporary work spaces would comments on the EA before we make Commission) will prepare an require about 3 acres. FGT proposes to our recommendations to the environmental assessment (EA) that will deliver pipeline to the site by truck and Commission. discuss the environmental impacts of string the pipeline directly along the the construction and operation of the Currently Identified Environmental construction right-of-way. All other pipe facilities proposed in the FGT 24′′ Issues fittings would be stored in a leased Calcasieu Pipeline Replacement warehouse facility. We have already identified several Project.1 This EA will be used by the issues that we think deserve attention Commission in its decision-making The EA Process based on a preliminary review of the process to determine whether the The National Environmental Policy proposed facilities and the project is in the public convenience and Act (NEPA) requires the Commission to environmental information provide by necessity. take into account the environmental FGT. This preliminary list of issues may Summary of the Proposed Project impacts that could result from an action be changed based on your comments and our analysis. Florida Gas Transmission Company 2 • A horizontal drill would be used to (FGT) proposes to reroute one section The appendices referenced in this notice are not being printed in the Federal Register. Copies are cross the Calcasieu River. available from the Commission’s Public Reference • A total of 11.9 acres of wetlands 1 Florida Gas Transmission Company’s and Files Maintenance Branch, 888 First Street, application was filed with the Commission under N.E., Washington, D.C. 20426, or call (202) 208– would be temporarily affected and 2.2 Section 7 of the Natural Gas Act and Part 157 of 1371. Copies of the appendices were sent to all acres of wetlands would be permanently the Commission’s regulations. those receiving this notice in the mail. affected. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54629

• Two residences are within 50 feet of DEPARTMENT OF ENERGY should include the appropriate project the proposed construction work area name (Missouri-Madison Project) and along Section 2. Federal Energy Regulatory number (Project No. 2188) on the first Commission page of the correspondence. Public Participation [Project No. 2188] The DEIS considers recommendations You can make a difference by sending received from the license applicant, a letter addressing your specific Montana Power Company; Notice of citizens, resource agencies, and organizations. Resource enhancements comments or concerns about the project. Intent To Hold Public Meetings in Great affect flow regulation, recreation, land You should focus on the potential Falls and Ennis, Montana, To Discuss the Draft Environmental Impact use, fish, wildlife, water quality, environmental effects of the proposal, Statement (DEIS) for the Proposed reservoir shoreline erosion, vegetation alternatives to the proposal (including Relicensing of the Missouri-Madison resources and other resource issues alternative routes), and measures to Hydroelectric Project proposed. avoid or lessen environmental impact. Lois D. Cashell, The more specific your comments, the October 15, 1997. Secretary. more useful they will be. Please follow On September 22, 1997, the the instructions below to ensure that Commission staff mailed the Missouri- [FR Doc. 97–27778 Filed 10–20–97; 8:45 am] your comments are received and Madison Hydroelectric Project DEIS to BILLING CODE 6717±01±M properly recorded: the Environmental Protection Agency, • resource and land management Send two copies of your letter to: ENVIRONMENTAL PROTECTION Lois Cashell, Secretary, Federal Energy agencies, and interested organizations, and individuals. This document AGENCY Regulatory Commission, 888 First St., evaluates the environmental N.E., Room 1A, Washington, D.C. 20426; [FRL±5912±2] consequences of the proposed • Label one copy of the comments for relicensing of the Missouri-Madison Agency Information Collection the attention of the Environmental Hydroelectric Project. The nine dams Activities Submission for OMB Review; Review and Compliance Branch, PR– (Hebgen, Madison, Hauser, Holter, Black National Emission Standards for 11.2; Eagle, Rainbow, Cochrane, Ryan, and Hazardous Air Pollutants (NESHAP) for • Reference Docket No. CP97–690– Morony dams) that are a part of this Halogenated Solvent Cleaning 000; and project are located between West AGENCY: Environmental Protection • Yellowstone and above Great Falls, Mail your comments so that they Montana, on over 300 river miles of the Agency (EPA). will be received in Washington, D.C. on Madison and Missouri Rivers. ACTION: Notice. or before November 14, 1997. The public meetings will be recorded SUMMARY: In compliance with the Becoming an Intervenor by a court reporter and are scheduled as follows: (1) Tuesday, November 18, Paperwork Reduction Act (44 U.S.C. In addition to involvement in the EA 1997 at 7:00 p.m. in the Missouri Room 3501 et seq.), this notice announces that scoping process, you may want to of the Great Falls Civic Center, Great the following Information Collection become an official party to the Falls, Montana and (2) Thursday, Request (ICR) has been forwarded to the proceeding or become an ‘‘intervenor.’’ November 20, 1997 at 7:00 p.m. in the Office of Management and Budget (OMB) for review and approval: Subpart Among other things, intervenor have the Ennis High School Library, Ennis, T, National Emission Standards for right to receive copies of case-related Montana. These meetings will focus on Hazardous Air Pollutants (NESHAP) for Commission documents and filings by the DEIS and issues of concern to Halogenated Solvent Cleaning, OMB other intervenors. Likewise, each resource and land management number 2060–0273, expires 12/31/97. intervenor must provide copies of its agencies, interested organizations, and The ICR describes the nature of the filings to all other parties. If you want individuals. Another meeting is scheduled on Wednesday, November information collection and its expected to become an intervenor you must file burden and cost; where appropriate, it a motion to intervene according to Rule 19, 1997, from 9:00 a.m. to 3:00 p.m. in the Director’s Conference Room of the includes the actual data collection 214 of the Commissions Rules of instrument. Practice and Procedure (18 CFR State of Montana’s Lee Metcalf Building, DATES: Comments must be submitted on 385.214) (see appendix 2). 1520 East Sixth Avenue, Helena, Montana. This meeting will focus on or before November 20, 1997. The date for filing timely motions to clarification of issues of primary FOR FURTHER INFORMATION CONTACT: call intervene in this proceeding has passed. concern to state and federal fish and Sandy Farmer at EPA, (202) 260-2740, Therefore, parties now seeking to file wildlife agencies. or download off the Internet from http:/ late interventions must show good At the public meetings, Commission /www.epa.gov/icr/icr.htm and refer to cause, as required by Section staff will summarize major DEIS EPA ICR No. 1652.03. 385.214(b)(3), why this time limitation findings and recommendations. should be waived. Environmental issues Resource agency personnel and other SUPPLEMENTARY INFORMATION: have been viewed as good cause for late interested persons will be provided an Title: Subpart T, National Emission intervention. opportunity to submit oral and written Standards for Hazardous Air Pollutants You do not need intervenor status to comments about the DEIS for the (NESHAP) for Halogenated Solvent have your scoping comments Commission’s public record. Written Cleaning (OMB Control No. 2060–0273; considered. comments on the DEIS may also be sent EPA ICR No.1652.03) expiring 12/31/97. to: The Secretary, Federal Energy This is a request for extension of a Lois D. Cashell, Regulatory Commission, 888 First currently approved collection. Secretary. Street, NE., Washington, DC 20426. Abstract: This ICR contains [FR Doc. 97–27777 Filed 10–20–97; 8:45 am] Comments must be received by recordkeeping and reporting BILLING CODE 6717±01±M December 2, 1997. All correspondence requirements that are mandatory for 54630 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices compliance with 40 CFR part 63.460, et in 40 CFR part 9 and 48 CFR Chapter ENVIRONMENTAL PROTECTION seq., Subpart T, National Emission 15. The Federal Register Notice AGENCY Standards for Hazardous Air Pollutants required under 5 CFR 1320.8(d), (NESHAP) for Halogenated Solvent soliciting comments on this collection [FRL±5912±1] Cleaning. This information notifies EPA of information was published on 06/18/ Agency Information Collection when a source becomes subject to the 97 (62 FR 33072); no comments were Activities: Submission for OMB regulations, informs the Agency if a received. Review; Standards of Performance for Burden Statement: The annual public source is in compliance when it begins Air Emission Standards for Tanks, reporting and recordkeeping burden for operation, and informs the Agency if the Surface Impoundments and Containers source remained in compliance during this collection of information is any period of operation. In the estimated to average 7 hours/response. AGENCY: Environmental Protection Administrator’s judgment, emissions of Burden means the total time, effort, or Agency (EPA). hazardous air pollutants (HAPs) from financial resources expended by persons ACTION: Notice. halogenated solvent cleaners may cause to generate, maintain, retain, or disclose or contribute to air pollution that may or provide information to or for a SUMMARY: In compliance with the reasonably be anticipated to endanger Federal agency. This includes the time Paperwork Reduction Act (44 U.S.C. public health or welfare. Therefore, needed to review instructions; develop, 3501 et seq.), this notice announces that NESHAP standards were promulgated acquire, install, and utilize technology the following Information Collection for this source category, as required and systems for the purposes of Request (ICR) has been forwarded to the under section 112 of the Clean Air Act. collecting, validating, and verifying Office of Management and Budget HAP emissions from halogenated information, processing and (OMB) for review and approval: solvent cleaners are the result of maintaining information, and disclosing Standards of Performance for Air inadequate equipment design and work and providing information; adjust the Emission Standards for Tanks, Surface practices. These standards rely on the existing ways to comply with any Impoundments and Containers, 40 CFR proper design and operation of previously applicable instructions and part 264, subpart CC and 40 CFR part halogenated solvent cleaners such as requirements; train personnel to be able 265, subpart CC, OMB Control Number working-mode covers, freeboard ratio of to respond to a collection of 2060–0318, expiring on November 30, 1.0, and reduced room draft to reduce information; search data sources; 1997. The ICR describes the nature of solvent emissions from halogenated complete and review the collection of the information collection and its solvent cleaners. Certain records and information; and transmit or otherwise expected burden and cost; where reports are necessary to enable EPA to disclose the information. appropriate, it includes the actual data identify sources subject to the standards Respondents/Affected Entities: collection instrument. and to ensure that the standards are Owners/operators of halogenated DATES: Comments must be submitted on being achieved. Owners/operators of solvent cleaners. or before November 20, 1997. halogenated solvent cleaners must Estimated Number of Respondents: provide EPA with an initial notification 1,845. FOR FURTHER INFORMATION CONTACT: Call of existing or new solvent cleaning Frequency of Response: 4. Sandy Farmer at EPA, (202) 260–2740, machines, initial statement of Estimated Total Annual Hour Burden: or download off the Internet from http:/ compliance, an annual control device 32,483 hours. /www.epa.gov/icr/icr.htm, and refer to monitoring report (owners/operators of Estimated Total Annualized Cost EPA ICR No. 1593.03. Burden: $2,859,000. batch vapor and in-line cleaning SUPPLEMENTARY INFORMATION: machines), an annual solvent emission Send comments on the Agency’s need report (owners/operators of batch vapor for this information, the accuracy of the Title: Standards of Performance for and in-line cleaning machines), an provided burden estimates, and any Air Emission Standards for Tanks, annual solvent emission report (owners/ suggested methods for minimizing Surface Impoundments and Containers, operators of batch vapor and in-line respondent burden, including through 40 CFR part 264, subpart CC and 40 CFR cleaning machines complying with the the use of automated collection part 265, subpart CC, (OMB Control alternative standard), and exceedance of techniques to the following addresses. Number 2060–0318; EPA ICR No. monitoring parameters or emissions. Please refer to EPA ICR No. 1652.03 and 1593.03) expiring on November 30, The records that the facilities maintain OMB Control No. 2060–0273 in any 1997. This is a request for extension of indicate to EPA whether they are correspondence. a currently approved collection. operating and maintaining the Ms. Sandy Farmer, U.S. Environmental Abstract: The collection of this halogenated solvent cleaners properly to Protection Agency, OPPE Regulatory information is used by the EPA to control emissions. In order to ensure Information Division (2137), 401 M ensure that appropriate environmental compliance with the standards Street, SW, Washington, DC 20460 (or rules are being complied with and that promulgated to protect public health, E-Mail emission control devices are properly adequate reporting and recordkeeping is [email protected]). operated and maintained. Reports necessary. In the absence of such and required under this collection authority information enforcement personnel Office of Information and Regulatory are used by the Agency to monitor would be unable to determine whether Affairs, Office of Management and compliance as well as targeting the standards are being met on a Budget, Attention: Desk Officer for treatment, storage and disposal facilities continuous basis, as required by the EPA, 725 17th Street, NW, for inspection. Section 3004(n) of the Clean Air Act. Washington, DC 20503. Hazardous and Solid Waste An agency may not conduct or Amendments (HSWA) directed the EPA sponsor, and a person is not required to Dated: October 14, 1997. to promulgate regulations for respond to, a collection of information Joseph Retzer, monitoring and control of air emissions unless it displays a currently valid OMB Director, Regulatory Information Division. from treatment, storage and disposal control number. The OMB control [FR Doc. 97–27851 Filed 10–20–97; 8:45 am] facilities, as necessary, to protect human numbers for EPA’s regulations are listed BILLING CODE 6560±50±P health and the environment. An agency Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54631 may not conduct or sponsor, and a Budget, Attention: Desk Officer for reducing projects across the country. person is not required to respond to, a EPA, 725 17th Street, NW, Project Partners, on the other hand, collection of information unless it Washington, DC 20503. administer the individual programs and displays a currently valid OMB control Dated: October 10, 1997. actions designed to reduce VMT. Local governments, regional governments, number. The OMB control numbers for Joseph Retzer, EPA’s regulations are listed in 40 CFR local non-governmental organizations, Director, Regulatory Information Division. part 9 and 48 CFR Chapter 15. The and private businesses may become Federal Register Notice required under [FR Doc. 97–27852 Filed 10–20–97; 8:45 am] Project Partners. 5 CFR 1320.8(d), soliciting comments on BILLING CODE 6560±50±P As voluntary participants in the this collection of information was Transportation Partners program, published on June 18, 1997 (62 FR Project Partners may be asked to ENVIRONMENTAL PROTECTION 33074); no comments were received. complete an annual Partner Profile that AGENCY Burden Statement: The annual public requests general project information. reporting and recordkeeping burden for [FRL±5911±9] Project-related information requested this collection of information is may include background data about the estimated to average 77 hours per Agency Information Collection sponsoring entity, a description (and, to response. Burden means the total time, Activities: Submission for OMB the extent possible, quantification) of effort, or financial resources expended Review; Comment Request; EPA's project effects on travel, other project by persons to generate, maintain, retain, Transportation Partners effects, and comments regarding program participation and technical or disclose or provide information to or AGENCY: Environmental Protection assistance. As EPA may request for a Federal agency. This includes the Agency (EPA). time needed to review instructions; additional information from the Project ACTION: Notice. develop, acquire, install, and utilize Partners about their projects, organizations may be requested to technology and systems for the purposes SUMMARY: In compliance with the periodically submit supplementary of collecting, validating, and verifying Paperwork Reduction Act (44 U.S.C. information to the Agency. information, processing and 3501 et seq.), this notice announces that maintaining information, and disclosing In addition, EPA sponsors the Way to the following Information Collection Go! Awards, which honor local and providing information; adjust the Request (ICR) has been forwarded to the existing ways to comply with any innovators who are enhancing their Office of Management and Budget communities and the environment previously applicable instructions and (OMB) for review and approval: EPA’s requirements; train personnel to be able through transportation improvements. Transportation Partners Program, EPA Project Partners will receive an to respond to a collection of ICR No. 1818.01. The ICR describes the information; search data sources; application for the Way to Go! awards. nature of the information collection and Some Project Partners may choose to complete and review the collection of its expected burden and cost; where information; and transmit or otherwise complete and submit the application to appropriate, it includes the actual data EPA. The application asks for the disclose the information. collection instrument. Respondents/Affected Entities: following information: the name and DATES: Comments must be submitted on focus of the project; a description of Owners and operators of facilities that or before November 20, 1997. treat, store or dispose hazardous wastes project management; a description of FOR FURTHER INFORMATION CONTACT: For in tanks, surface impoundments and the end user(s) of the project; and a a copy of the ICR, call Sandy Farmer at project summary and narrative. containers. Principal Partners have a number of Estimated Number of Respondents: EPA, (202) 260–2740, or download off responsibilities, which include: First, 9,393. the Internet at http://www.epa.gov/icr/ they will provide EPA with contact lists Frequency of Response: 1 plus on icr.htm and refer to EPA ICR No. of prospective Project Partners. Second, occasion. 1818.01. they will disseminate information to Estimated Total Annual Hour Burden: SUPPLEMENTARY INFORMATION: 726,022 hours. partners. Third, Principal Partners will Title: EPA’s Transportation Partners Estimated Total Annualized Cost review, sign, and forward Project Program, EPA ICR No. 1818.01. This is Burden: $2,925,000. Partner agreements to EPA. Fourth, Send comments on the Agency’s need a new collection. Principal Partners will assist EPA in Abstract: The Transportation Partners for this information, the accuracy of the reviewing and compiling Partner program is a new, cooperative, provided burden estimates, and any Profiles and supplemental information voluntary program that seeks to reduce suggested methods for minimizing from Project Partners. the growth of vehicle miles traveled respondent burden, including through Participation in the Transportation (VMT) through the adoption of the use of automated collection Partners program is voluntary. If measures that provide or promote the techniques to the following addresses. requested, EPA will treat information as use of non-single occupancy vehicle Please refer to EPA ICR No. 1593.03 and confidential business information and transportation choices for citizens. As OMB Control No. 2060–0318 in any will not make the partner-specific part of the Climate Change Action Plan, correspondence. information collected under the Transportation Partners will play an program available to the general public, Ms. Sandy Farmer, U.S. Environmental important role in the nation’s unless the partner’s approval is Protection Agency, OPPE Regulatory commitment to reduce U.S. greenhouse obtained. Information Division (2137), 401 M gas emissions. An agency may not conduct or Street, SW, Washington, DC 20460. The Transportation Partners program sponsor, and a person is not required to (or E-Mail is designed to work around two types of respond to, a collection of information [email protected]) members: Principal Partners and Project unless it displays a currently valid OMB and Partners. Principal Partners have control number. The OMB control Office of Information and Regulatory substantive areas of expertise and will numbers for EPA’s regulations are listed Affairs, Office of Management and provide direct assistance to VMT- in 40 CFR part 9 and 48 CFR Chapter 54632 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

15. The Federal Register Notice EPA 725 17th Street, NW, 6. Clarification of EPA policy on the required under 5 CFR 1320.8(d), Washington, DC 20503. usurpation of state 24(c) authority. soliciting comments on this collection Dated: October 14, 1997. 7. Update on quality assurance project plans vs. Quality management of information was published on 8/8/97 Joseph Retzer, ( FR Doc. 97–20977 ); Zero (0) plans vs. National Environmental Director, Regulatory Information Division. comments were received. Laboratory Accreditation Program. Burden Statement: The annual public [FR Doc. 97–27853 Filed 10–20–97; 8:45 am] 8. Data quality issues: reporting and recordkeeping burden for BILLING CODE 6560±50±P a. Reference files system vs. this collection of information is Pesticide product information system. estimated to average 11.7 hours per b. How do states report errors ENVIRONMENTAL PROTECTION response. Burden means the total time, detected in EPA’s data. AGENCY effort, or financial resources expended c. Time frame for posting by persons to generate, maintain, retain, [OPP±00511; FRL±5752±7] corrections or disclose or provide information to or 9. Labeling issues with the use of for a Federal agency. This includes the State FIFRA Issues Research and commodity fumigant methyl bromide time needed to review instructions; Evaluation Group (SFIREG) Pesticide for structural fumigation. develop, acquire, install, and utilize Operations Management Working 10. Indoor structural pest control technology and systems for the purposes Committee; Open Meeting concerns. of collecting, validating, and verifying 11. Further review of 24(c) AGENCY: Environmental Protection information, processing and indemnification/waiver of liability Agency (EPA). maintaining information, and disclosing language - Mandatory vs. Advisory. and providing information; adjust the ACTION: Notice. 12. Office of Enforcement and existing ways to comply with any Compliance Topics: SUMMARY: The State FIFRA Issues a. Enforceability of post- previously applicable instructions and Research and Evaluation Group requirements; train personnel to be able application operations on pesticide (SFIREG) Pesticide Operations labels. to respond to a collection of Management Working Committee will information; search data sources; b. Custom dilution/blending. hold a 2-day meeting, October 27, and c. Antimicrobial efficacy testing. complete and review the collection of October 28, 1997. This notice information; and transmit or otherwise d. Worker protection compliance announces the location and times for monitoring/enforcement. disclose the information. the meeting and sets forth the tentative Respondents/Affected Entities: e. Cancellation of section 3 for agenda topics. The meetings are open to Entities potentially affected by this changed active ingredient source. the public. action may include local and suburban 13. Reports from committee transit providers, business associations, DATES: The SFIREG Working Committee members and introduction of issue civic organizations, air and water on Pesticide and Operations papers. resource and solid waste management Management will meet on Monday, 14. Other topics as appropriate. agencies, local and regional government October 27, 1997, from 8:30 a.m. to 5 List of Subjects agencies and other transportation- p.m. and Tuesday, October 28, 1997, related organizations. Additionally, EPA from 8:30 a.m. to 4 p.m. Environmental protection. ADDRESSES: The meeting will be held at: expects to enroll private businesses Dated: October 16, 1997. from a wide range of industries in the the National Airport Doubletree Hotel, Transportation Partners program. 300 Army Navy Drive, Arlington-Crystal Jay Ellenberger, Estimated Number of Respondents: City, VA, 22202. 195. Director, Field and External Affairs Division, FOR FURTHER INFORMATION CONTACT: By Office of Pesticide Programs. Frequency of Response: Annually. mail: Elaine Y. Lyon, Office of Pesticide Estimated Total Annual Hour Burden: Programs (7506C), Environmental [FR Doc. 97–27975 Filed 10–20–97; 8:45 am] 8,371 hours. Protection Agency, 401 M St., SW., BILLING CODE 6560±50±F Estimated Total Annualized Cost Washington, DC 20460. Office location Burden: $0. and telephone number: (703) 305–5306; Send comments on the Agency’s need (703) 308–1850 (fax); e-mail: FARM CREDIT ADMINISTRATION for this information, the accuracy of the [email protected]. provided burden estimates, and any Privacy Act of 1974; Amendment of a SUPPLEMENTARY INFORMATION: The suggested methods for minimizing System of Records tentative agenda of the SFIREG Working respondent burden, including through Committee on Pesticide Operations the use of automated collection AGENCY: Farm Credit Administration. Management includes the following: techniques to the following addresses. ACTION: Notice of amendment of a 1. Policy regarding pesticides used Please refer to EPA ICR No. 1818.01 in system of records maintained on in greenhouses. any correspondence. individuals; request for comments. 2. Worker protection standard/ Ms. Sandy Farmer, U.S. Environmental restricted-entry interval exception for SUMMARY: In accordance with the Protection Agency, OPPE Regulatory BRAVO (chlorothalonil). Privacy Act (5 U.S.C. 552a(e)(11)), the Information Division (2137), 401 M 3. Worker protection standard Farm Credit Administration is issuing Street, SW, Washington, DC 20460 (or language on AZTEC insecticide. notice of our intent to amend the system E-Mail 4. Enforcement of pesticide laws on of records entitled Employee [email protected]) federal and tribal lands. Attendance, Leave, and Payroll and 5. Pesticide exposure from use of Records—FCA (Employee Record Office of Information and Regulatory plant parts - Are cultural-ethnic System) to reflect the addition of several Affairs, Office of Management and subgroups considered in risk new routine uses and the inclusion of Budget, Attention: Desk Officer for assessments. machine readable records, paper Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54633 records, and some computer-output instituted, its files will be matched on System, accessing the records, and microfiche in the category of records. an ongoing basis against the files in the requesting amendments to the records. DATE: The changes will become effective National Directory of New Hires to Several minor technical and editorial as proposed, on November 26, 1997, determine if an employee is a changes that reflect reorganizations unless comments which would warrant participant in a child support case within the Farm Credit Administration our preventing the changes from taking anywhere in the country. If the FPLS and its relocation from Washington, DC, effect are received on or before such identifies a person as being a participant to McLean, Virginia, have also been date. in a State child support case, that State included. In addition to the general ADDRESSES: Interested individuals may will be notified of the participant’s editorial changes, revisions were made comment on this publication by writing current employer. State requests to the to reflect the inclusion of machine to Debra Buccolo, Privacy Act Officer, in FPLS for location information will also readable records, paper records, and care of Cindy Nicholson, Farm Credit continue to be processed after October some computer-output microfiche in the Administration, McLean, Virginia 1, 1998. category of records. 22102–5090. Comments should be The Farm Credit Administration will As required by 5 U.S.C. 552a(r) of the submitted in triplicate. All disclose the following data on Privacy Act, the FCA has sent notice of communications received will be individuals hired after October 1, 1997, this amended system of records to the available for examination by interested to the FPLS: the name, address, and Office of Management and Budget, the parties in the offices of the Farm Credit social security number of the employee; Committee on Government Operations Administration. and the name, address, and Federal of the House of Representatives, and the Employer Identification Number of the Committee on Governmental Affairs of FOR FURTHER INFORMATION CONTACT: employer. the Senate. Debra Buccolo, Privacy Act Officer, In addition, names and social security numbers submitted by the Farm Credit Accordingly, this system notice is Farm Credit Administration, McLean, amended as set forth below. Virginia 22102–5090, (703) 883–4022, Administration to the FPLS will be TDD (703) 883–4444, or disclosed by the Office of Child Support FCA±7 Jane Virga, Office of General Counsel, Enforcement to the Social Security Farm Credit Administration, McLean, Administration for verification to ensure SYSTEM NAME: that the social security number provided Virginia, 22102–5090, (703) 883– Employee Attendance, Leave, and 4071, TDD (703) 883–4444. is correct. The data disclosed by the Farm Credit Payroll Records—FCA. SUPPLEMENTARY INFORMATION: Administration to the FPLS will also be SYSTEM LOCATION: I. Discussion of Additions to Routine disclosed by the Office of Child Support Use Enforcement to the Secretary of the Farm Credit Administration, 1501 Treasury for use in verifying claims or Farm Credit Drive, McLean, VA 22102– Pursuant to Pub. L. 104–193, the the advance payment of the earned 5090 and field offices. Personal Responsibility and Work income tax credit or to verify a claim of Opportunity Reconciliation Act of 1996, employment on a tax return. CATEGORIES OF INDIVIDUALS COVERED BY THE the Farm Credit Administration will SYSTEM: disclose data from its system of records II. Compatibility of Additional Routine Current and former FCA employees. entitled Employee Attendance, Leave, Use and Payroll Records—FCA to the Office We are proposing these routine uses CATEGORIES OF RECORDS IN THE SYSTEM: of Child Support Enforcement, in accordance with the Privacy Act (5 Records consist of paper, electronic, Administration for Children and U.S.C. 552a(b)(3)). The Privacy Act Families, Department of Health and and microfiche files containing payroll- permits the disclosure of information related information for FCA employees Human Services for use in its Federal about individuals without their consent Parent Locator System (FPLS) and reported on a biweekly, year-to-date, for a routine use where the information and, in some cases, an annual basis. The Federal Tax Offset System, DHHS/OCSE will be used for a purpose that is No. 09–90–0074. records contain the ‘‘Agency Time compatible with the purpose for which Tracking System,’’ payroll and leave FPLS is a computerized network the information was originally collected. through which States may request data for each employee, including rate The Office of Management and Budget and amount of pay, hours worked, tax location information from Federal and has indicated that a ‘‘compatible’’ use is State agencies to find non-custodial and retirement deductions, leave bank a use that is necessary and proper. See records, life insurance and health parents and/or their employers for OMB Guidelines, 51 FR 18982, 18985 purposes of establishing paternity and insurance deductions, savings (1986). Because the proposed uses of the allotments, savings bond and charity securing support. Effective October 1, data are required by Pub. L. 104–193, 1997, the FPLS will be enlarged to deductions, other financial deductions, they are necessary and proper uses and, mailing addresses, and home addresses. include the National Directory of New therefore, ‘‘compatible uses.’’ Hires, a database containing information From July 1982 to March 1990, FCA on employees commencing III. Effect of the Proposed Changes on payroll services were provided by the employment, quarterly wage data on Individuals Department of Treasury utilizing its private and public sector employees, We will disclose information under Treasury Personnel Payroll Information and information on unemployment the proposed routine uses only as System (TPPIS). Beginning in April compensation benefits. Effective required under Pub. L. 104–193 and as 1990, FCA payroll services have been October 1, 1998, the FPLS will be permitted by the Privacy Act. provided by the National Finance expanded to include a Federal Case Center’s U.S. Department of Agriculture Registry. The Federal Case Registry will IV. Other Changes Personnel Payroll System. contain abstracts on all participants The notice also reflects changes in involved in child support enforcement designated points of contact for AUTHORITY FOR MAINTENANCE OF THE SYSTEM: cases. When the Federal Case Registry is inquiring about the Employee Record 12 U.S.C. 2249, 2252. 54634 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

ROUTINE USES OF RECORDS MAINTAINED IN THE disclosure of the records to the claim with respect to employment in a SYSTEM, INCLUDING CATEGORIES OF USERS AND Department of Justice or the disclosure tax return. THE PURPOSES OF SUCH USES: of such records in the proceeding is Relevant records in the Employee compatible with the purpose for which DISCLOSURES TO CONSUMER REPORTING AGENCIES: Record System may be disclosed as a the records were collected. routine use: (6) To a court, magistrate, or Disclosure may be made from this (1) In the event that information in administrative tribunal in the course of system, pursuant to 5 U.S.C. this record system indicates a violation presenting evidence, including 552a(b)(12), to a consumer reporting or potential violation of law, whether disclosures to counsel or witnesses in agency in accordance with section civil, criminal, or regulatory in nature, the course of civil discovery, litigation, 3711(f) of title 31. and whether arising by general statute or settlement negotiations or in POLICIES AND PRACTICES FOR STORING, or particular program statute, or by connection with criminal proceedings. RETRIEVING, ACCESSING, RETAINING, AND regulation, rule, or order issued (7) To appropriate offices and DISPOSING OF RECORDS IN THE SYSTEM: pursuant thereto, to the appropriate agencies to prepare payroll, to meet agency or authority, whether Federal, Government payroll recordkeeping and STORAGE: State, local, or foreign, charged with the reporting requirements, and to retrieve Paper records are maintained in responsibility for investigating or and supply payroll and leave cabinets or records are maintained prosecuting such violation or charged information as required for FCA needs. electronically. In addition, information in this record with enforcing or implementing the RETRIEVABILITY: statute, rule, regulation, or order issued system is used to furnish certain Paper records are retrieved by name. pursuant thereto. information (name; permanent or (2) To a Federal, State, or local agency temporary status; most recent position, Electronic records are accessed by social maintaining civil, criminal, or other grade, or salary) to other Government security number. relevant enforcement information or agencies or commercial or credit SAFEGUARDS: other pertinent information, such as organizations or to verify employment Files are kept in areas that are locked current licenses, if necessary to obtain to prospective employers. after business hours. Access to records (8) To Federal, State, and local taxing information relevant to a decision is limited to authorized individuals. concerning the hiring or retention of an authorities concerning compensation to employee, the letting of a contract, or employees or contractors for personal RETENTION AND DISPOSAL: the issuance of a grant or other benefit. services; to the Office of Personnel In accordance with National Archives (3) To a Federal agency, in response Management, Department of the and Records Administration General to its request, in connection with the Treasury, Department of Labor, and Records Schedule requirements for hiring or retention of an employee, the other Federal agencies concerning pay, payroll-related records. issuance of a security clearance, benefits, and retirement of employees; reporting an investigation of an to Federal employees’ health benefits SYSTEM MANAGER(S) AND ADDRESS: employee, the letting of a contract, or carriers concerning health insurance of Chief, Human Resources Division, the issuance of a license, grant, or other employees; to financial organizations Farm Credit Administration, 1501 Farm benefit by the requesting agency to the concerning employee savings account Credit Drive, McLean, VA 22102–5090. extent that the information is relevant allotments and net pay to checking NOTIFICATION PROCEDURE: and necessary to the requesting agency’s accounts; to State human resource decision on the matter. offices administering unemployment All inquiries about this system of (4) To a congressional office from the compensation programs; to educational records shall be addressed to: Privacy record of an individual in response to and training organizations concerning Act Officer, Farm Credit an inquiry from the congressional office employee qualifications and identity for Administration, 1501 Farm Credit Drive, made at the request of that individual. specific courses; and to heirs, executors, McLean, VA 22102–5090. (5) To the Department of Justice for and legal representatives of RECORD ACCESS PROCEDURES: use in litigation or in a proceeding beneficiaries. Requests for access to a record shall before a court or adjudicative body (9) To the Office of Child Support be directed to: Privacy Act Officer, Farm before which the FCA is authorized to Enforcement, dministration for Children Credit Administration, 1501 Farm appear, when and Families, Department of Health and (a) The FCA, or any component Human Services, Federal Parent Locator Credit Drive, McLean, VA 22102–5090, thereof; or System (FPLS), and Federal Tax Offset as provided in 12 CFR part 603. (b) Any employee of the FCA in his System for use in locating individuals CONTESTING RECORD PROCEDURES: or her official capacity; or and identifying their income sources, to Requests for amendments to a record (c) Any employee of the FCA in his establish paternity, establish and modify shall be directed to: Privacy Act Officer, or her individual capacity where the orders of support, and for enforcement Farm Credit Administration, 1501 Farm Department of Justice or the FCA has action. Credit Drive, McLean, VA 22102–5090, agreed to represent the employee; or (10) To the Office of Child Support as provided in 12 CFR part 603. (d) The United States, where the FCA Enforcement for release to the Social determines that litigation is likely to Security Administration for verifying RECORD SOURCE CATEGORIES: affect the FCA or any of its components, Social Security numbers in connection Individual on whom the record is is a party to the litigation or proceeding with the operation of the FPLS by the maintained. FCA employees who or has an interest in such litigation or Office of Child Support Enforcement. approve the records. proceeding, and the use of such records (11) To the Office of Child Support by the Department of Justice or the use Enforcement for release to the Dated: October 15, 1997. of such records in the proceeding is Department of Treasury for purposes of Floyd Fithian, deemed by the FCA to be relevant and administering the Earned Income Tax Secretary, Farm Credit Administration Board. necessary, provided, however, that in Credit Program (section 32, Internal [FR Doc. 97–27789 Filed 10–20–97; 8:45 am] each case, the FCA determines that Revenue Code of 1986) and verifying a BILLING CODE 6705±01±P Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54635

FEDERAL COMMUNICATIONS For further information, contact Al 1994, and a re-charter was issued on COMMISSION McCloud, (202) 418–2499, February 26, 1996. [email protected], or Andy Firth, (202) Agenda [DA 97±2203] 418–2224 (TTY), [email protected], at the Network Services Division, Common An agenda will be available at the Notice of Telecommunications Relay Carrier Bureau, Federal meeting. At this session, the AHAB will Services (TRS) Applications for State Communications Commission. review the status and receive reports on four topics: (1) Status of legislative Certification Accepted (CC Docket No. Federal Communications Commission. 90±571) change for Affordable Housing Advisory Shirley S. Suggs, Board meetings; (2) Status report on Released: October 15, 1997. Chief, Publications Branch. FDIC Affordable Housing Program; and Notice is hereby given that the states [FR Doc. 97–27826 Filed 10–20–97; 8:45 am] (3) Panel discussion on roles regulators listed below have applied to the BILLING CODE 6712±01±P can play in facilitating affordable Commission for State housing. The AHAB will develop Telecommunications Relay Service recommendations at the conclusion of (TRS) Certification. Current state FEDERAL DEPOSIT INSURANCE the Board meeting. The AHAB’s certifications expire July 25, 1998. CORPORATION chairperson or its Delegated Federal Applications for certification, covering Officer may authorize a member or the five year period of July 26, 1998 to Affordable Housing Advisory Board members of the public to address the July 25, 2003, must demonstrate that the Meeting AHAB during the public forum portion state TRS program complies with the of the session. AGENCY: Federal Deposit Insurance Commission’s rules for the provision of Statement TRS, pursuant to Title IV of the Corporation (FDIC). Americans with Disabilities Act (ADA), ACTION: Notice of meeting. Interested persons may submit, in 47 U.S.C. § 225. These rules are codified writing, data, information or views on at 47 CFR §§ 64.601–605. SUMMARY: In accordance with the the issues pending before the Affordable Copies of applications for certification Federal Advisory Committee Act, 5 Housing Advisory Board prior to or at are available for public inspection at the U.S.C. App., established by the the meeting. Seating for the public is Commission’s Common Carrier Bureau, Resolution Trust Corporation available on a first-come first-served Network Services Division, Room 235, Completion Act, Pub. L. No. 103–204, basis. 2000 M Street, N.W., Washington, D.C., § 14(b), 107 Stat. 2369, 2393–2395 Dated: October 16, 1997. Monday through Thursday, 8:30 AM to (1993), announcement is hereby Danita M.C. Walker, published of the Affordable Housing 3:00 PM (closed 12:30 to 1:30 PM) and Committee Management Officer, Federal the FCC Reference Center, Room 239, Advisory Board (AHAB) meeting. The Deposit Insurance Corporation. meeting is open to the public. 1919 M Street, N.W., Washington, D.C., [FR Doc. 97–27884 Filed 10–20–97; 8:45 am] DATES daily, from 9:00 AM to 4:30 PM. : The Federal Deposit Insurance BILLING CODE 6714±01±M Interested persons may file comments Corporation, Affordable Housing on or before December 12, 1997. Advisory Board will hold its second Comments should reference the relevant meeting of 1997 on Wednesday, FEDERAL LABOR RELATIONS state file number of the state application November 5, in Washington, D.C. from AUTHORITY that is being commented upon. One 9:00 a.m. to 11:00 a.m. original and five copies of all comments ADDRESSES: The meeting will be held at Agency Information Collection Activity must be sent to William F. Caton, Acting the following location: Federal Deposit Under OMB Review Secretary, Federal Communications Insurance Corporation, Board Room, AGENCY: Federal Labor Relations Commission, 1919 M Street, N.W., 550 17th Street, NW, Room 6010, Authority. Washington, D.C. 20554. Two copies Washington, D.C. 20429. ACTION: Notice. also should be sent to the Network FOR FURTHER INFORMATION CONTACT: Services Division, Common Carrier Danita M.C. Walker, Committee SUMMARY: In compliance with the Bureau, 2000 M Street, N.W., Room 235, Management Officer, Federal Deposit Paperwork Reduction Act (44 U.S.C. Washington, D.C. 20554. Insurance Corporation, 550 17th Street, 3501 et seq.), this notice announces that A number of state TRS programs NW, Room (F–3038), Washington, D.C. the information collection request currently holding FCC certification have 20249, (202) 898–6711. described below has been forwarded to failed to apply for recertification. SUPPLEMENTARY INFORMATION: The the Office of Management and Budget Applications received after October 1, Affordable Housing Advisory Board (OMB) for review. The Federal Labor 1997, for which no extension has been (AHAB) consists of the Secretary of Relations Authority (FLRA) is requested before October 1, 1997, must Housing and Urban Development (HUD) requesting an emergency approval by be accompanied by a petition explaining or delegate; the Chairperson of the October 31, 1997, in accordance with 5 the circumstances of the late-filing and Board of Directors of the FDIC, or CFR 1320.13. In order that OMB will requesting acceptance of the late-filed delegate; the Chairperson of the Thrift have an opportunity to consider application. Depositor Protection Oversight Board, or comments from interested individuals File No: TRS–97–42 delegate; four persons appointed by the on the information collection request Applicant: Nebraska Public Service General Deputy Assistant Secretary of described below, such comments should Commission . HUD who represent the interests of be submitted to OMB on or before State of Nebraska individuals and organizations involved October 28, 1997. File No: TRS–97–49 in using the affordable housing ADDRESSES: Nancy Speight, Director of Applicant: North Dakota Information programs, and two members of the Program Development, Office of the Services Division Regional Advisory Board. The AHAB’s General Counsel, Federal Labor State of North Dakota original charter was issued March 9, Relations Authority, Suite 210, 607 14th 54636 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

St., N.W., Washington, D.C. 20424. Contact Person for More Information: bank holding company and all of the Joseph Lackey, Paperwork Clearance Joseph C. Polking, Secretary, (202) 523– banks and nonbanking companies Officer for the FLRA, Office of 5725. owned by the bank holding company, Management and Budget, 725 17th St., Joseph C. Polking, including the companies listed below. N.W., Room 10235, Washington, D.C. Secretary. The applications listed below, as well 20503. [FR Doc. 97–28021 Filed 10–17–97; 3:43 pm] as other related filings required by the FOR FURTHER INFORMATION: For more BILLING CODE 6730±01±M Board, are available for immediate information, to submit comments or to inspection at the Federal Reserve Bank request a copy of the OMB submission, indicated. The application also will be please contact Nancy Speight at the FEDERAL RESERVE SYSTEM available for inspection at the offices of address listed above or by telephone at the Board of Governors. Interested 202–482-6680 ext. 205. Interested Change in Bank Control Notices; persons may express their views in parties may also submit comments to Acquisitions of Shares of Banks or writing on the standards enumerated in Joseph Lackey at the address given Bank Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the above. proposal also involves the acquisition of The notificants listed below have a nonbanking company, the review also SUPPLEMENTARY INFORMATION: applied under the Change in Bank includes whether the acquisition of the Control Act (12 U.S.C. 1817(j)) and § Title: Customer Satisfaction Survey. nonbanking company complies with the 225.41 of the Board’s Regulation Y (12 Needs and Uses: The Customer standards in section 4 of the BHC Act. CFR 225.41) to acquire a bank or bank Unless otherwise noted, nonbanking Satisfaction Survey will be holding company. The factors that are disseminated to persons making use of activities will be conducted throughout considered in acting on the notices are the United States. the services and procedures of the set forth in paragraph 7 of the Act (12 FLRA, to obtain input as to the degree Unless otherwise noted, comments U.S.C. 1817(j)(7)). regarding each of these applications of success the agency has achieved in The notices are available for must be received at the Reserve Bank meeting the objective of its Strategic immediate inspection at the Federal indicated or the offices of the Board of Plan concerning providing high quality Reserve Bank indicated. The notices Governors not later than November 14, services in timely resolving disputes in also will be available for inspection at 1997. the federal sector labor-management the offices of the Board of Governors. A. Federal Reserve Bank of Dallas relations community. Interested persons may express their (Genie D. Short, Vice President) 2200 Respondents: Approximately 200 views in writing to the Reserve Bank North Pearl Street, Dallas, Texas 75201- persons, within the meaning of 5 CFR indicated for that notice or to the offices 2272: 1320.3(k), who are representatives of of the Board of Governors. Comments labor organizations and are not federal must be received not later than 1. WNB Bancshares, Inc., Odessa, employees. In addition, approximately November 4, 1997. Texas; to acquire at least 51 percent of 4500 federal employees who are either A. Federal Reserve Bank of St. Louis the voting shares of City National Bank, representatives of labor organizations or (Randall C. Sumner, Vice President) 411 Austin, Texas, a de novo bank. of management of various employer Locust Street, St. Louis, Missouri 63102- Board of Governors of the Federal Reserve agencies of the executive branch will 2034: System, October 15, 1997. also receive the Survey. 1. Rogers Family Limited Partnership Jennifer J. Johnson, Estimated Annual Burden: 30 minutes No. 2, and Doyle W. Rogers, General Deputy Secretary of the Board. per response; 200 respondents for the Partner, Batesville, Arkansas; to acquire [FR Doc. 97–27753 Filed 10–20–97; 8:45 am] purposes of burden calculation under voting shares of Rogers Bancshares, Inc., BILLING CODE 6210±01±F the Paperwork Reduction Act; 100 total Little Rock, Arkansas, and thereby annual burden hours. indirectly acquire Metropolitan National Dated: October 15, 1997. Bank, Little Rock, Arkansas. FEDERAL RESERVE SYSTEM Solly Thomas, Board of Governors of the Federal Reserve System, October 15, 1997. Notice of Proposals to Engage in Executive Director, FLRA. Permissible Nonbanking Activities or [FR Doc. 97–27733 Filed 10–20–97; 8:45 am] Jennifer J. Johnson, Deputy Secretary of the Board. to Acquire Companies that are BILLING CODE 6727±01±P Engaged in Permissible Nonbanking [FR Doc. 97–27752 Filed 10–20–97; 8:45 am] Activities BILLING CODE 6210±01±F The companies listed in this notice FEDERAL MARITIME COMMISSION have given notice under section 4 of the FEDERAL RESERVE SYSTEM Bank Holding Company Act (12 U.S.C. Sunshine Act Meeting Formations of, Acquisitions by, and 1843) (BHC Act) and Regulation Y, (12 Agency Holding the Meeting: Federal Mergers of Bank Holding Companies CFR Part 225) to engage de novo, or to Maritime Commission. acquire or control voting securities or The companies listed in this notice assets of a company that engages either Time and Date: 12:30 P.M.—October have applied to the Board for approval, directly or through a subsidiary or other 17, 1997. pursuant to the Bank Holding Company company, in a nonbanking activity that Place: 800 North Capitol Street, Act of 1956 (12 U.S.C. 1841 et seq.) is listed in § 225.28 of Regulation Y (12 N.W.—Room 1000, Washington, D.C. (BHC Act), Regulation Y (12 CFR Part CFR 225.28) or that the Board has Status: Closed. 225), and all other applicable statutes determined by Order to be closely Matter(s) to be Considered: and regulations to become a bank related to banking and permissible for 1. Docket No. 96–20—Port holding company and/or to acquire the bank holding companies. Unless Restrictions and Requirements in assets or the ownership of, control of, or otherwise noted, these activities will be the United States/Japan Trade the power to vote shares of a bank or conducted throughout the United States. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54637

Each notice is available for inspection The directive was issued to the Federal quarter of 1998. The behavior of the at the Federal Reserve Bank indicated. Reserve Bank of New York as follows: monetary aggregates will continue to be The notice also will be available for The information reviewed at this evaluated in the light of progress toward inspection at the offices of the Board of meeting suggests that economic activity price level stability, movements in their Governors. Interested persons may is expanding at a moderate pace. In velocities, and developments in the express their views in writing on the labor markets, hiring remained robust at economy and financial markets. question whether the proposal complies midyear, and the civilian In the implementation of policy for with the standards of section 4 of the unemployment rate, at 4.8 percent in the immediate future, the Committee BHC Act. July, matched its low for the current seeks conditions in reserve markets Unless otherwise noted, comments economic expansion. Industrial consistent with maintaining the federal regarding the applications must be production increased relatively slowly funds rate at an average of around 5-1/ in July, owing in part to a temporary received at the Reserve Bank indicated 2 percent. In the context of the drop in motor vehicle assemblies. Retail or the offices of the Board of Governors Committee’s long-run objectives for sales rose briskly in June and July after not later than November 4, 1997. price stability and sustainable economic having changed little over the preceding growth, and giving careful consideration A. Federal Reserve Bank of New three months. Housing starts rebounded to economic, financial, and monetary York (Betsy Buttrill White, Senior Vice in June and July after having weakened developments, a somewhat higher President) 33 Liberty Street, New York, in May. Business fixed investment federal funds rate would or a slightly New York 10045-0001: increased substantially further in the lower federal funds rate might be 1. The Toronto-Dominion Bank, second quarter and available indicators acceptable in the intermeeting period. Toronto, Canada, and Waterhouse point to further sizable gains in the The contemplated reserve conditions Investors Services, Inc., New York, New current quarter. The nominal deficit on are expected to be consistent with York; to acquire Kennedy Cabot & Co., U.S. trade in goods and services moderate growth in M2 and M3 over Beverly Hills, California, and thereby narrowed slightly on balance over April coming months. engage in investment advisory activities and May from its downward-revised By order of the Federal Open Market and securities brokerage and riskless average rate in the first quarter. Price Committee, October 8, 1997. principal activities, pursuant to §§ inflation has remained subdued and Donald L. Kohn, 225.28 (b)(6) and (7) of the Board’s increases in labor compensation have Secretary, Federal Open Market Committee. Regulation Y. been moderate. [FR Doc. 97–27775 Filed 10-20-97; 8:45 am] Market interest rates generally have BILLING CODE 6210-01-P B. Federal Reserve Bank of St. Louis declined somewhat further since the (Randall C. Sumner, Vice President) 411 start of the Committee meeting on July Locust Street, St. Louis, Missouri 63102- 1-2, 1997. Share prices in equity GENERAL ACCOUNTING OFFICE 2034: markets have increased on balance. In 1. Louisville Development Bancorp, foreign exchange markets, the trade- Federal Accounting Standards Inc., Louisville, Kentucky; to acquire weighted value of the dollar in terms of Advisory Board Meeting Louisville Enterprise Center, Inc., the other G-10 currencies rose Louisville, Kentucky, and thereby significantly on balance over the AGENCY: General Accounting Office. engage in community development intermeeting period. ACTION: Notice of October meeting. activities, pursuant to § 225.28(b)(12) of After fluctuating sharply from April to the Board’s Regulation Y. May, growth of M2 was at a moderate SUMMARY: Pursuant to section 10(a)(2) of pace over June and July and that of M3 the Federal Advisory Committee Act Board of Governors of the Federal Reserve (Pub. L. No. 92–463), as amended, System, October 15, 1997. picked up to a relatively rapid rate. For notice is hereby given that the Federal Jennifer J. Johnson, the year through July, M2 expanded at a rate near the upper bound of its range Accounting Standards Advisory Board Deputy Secretary of the Board. for the year and M3 at a rate appreciably will meet on Friday, October 24, 1997, [FR Doc. 97–27751 Filed 10–20–97; 8:45 am] above the upper bound of its range. from 9:00 a.m. to 4:00 p.m. in Room BILLING CODE 6210±01±F Total domestic nonfinancial debt has 7C13 of the General Accounting Office continued to expand in recent months at building, 441 G St., N.W., Washington, a rate near the middle of its range. D.C. FEDERAL RESERVE SYSTEM The Federal Open Market Committee The purpose of the meeting is to discuss the following issues: (1) Natural Federal Open Market Committee; seeks monetary and financial conditions that will foster price stability and Resources; (2) Pension Costs; (3) a Domestic Policy Directive of August request for guidance on the Property, 19, 1997. promote sustainable growth in output. In furtherance of these objectives, the Plant, and Equipment (PP&E) Standard; (4) Government-Wide Supplementary In accordance with § 271.5 of its rules Committee at its meeting in July Stewardship Reporting Exposure Draft regarding availability of information (12 reaffirmed the ranges it had established comments; (5) PP&E Technical CFR part 271), there is set forth below in February for growth of M2 and M3 of Corrections and Amendments; and (6) the domestic policy directive issued by 1 to 5 percent and 2 to 6 percent Social Insurance. Any interested person the Federal Open Market Committee at respectively, measured from the fourth may attend the meeting as an observer. its meeting held on August 19, 1997.1 quarter of 1996 to the fourth quarter of 1997. The range for growth of total Board discussions and reviews are open to the public. 1 Copies of the Minutes of the Federal Open domestic nonfinancial debt was Market Committee meeting of August 19, 1997, maintained at 3 to 7 percent for the year. FOR FURTHER INFORMATION CONTACT: which include the domestic policy directive issued For 1988, the Committee agreed on a Wendy Comes, Executive Director, 441 at that meeting, are available upon request to the tentative basis to set the same ranges as G St., N.W., Room 3B18, Washington, Board of Governors of the Federal Reserve System, D.C. 20548, or call (202) 512–7350. Washington, D.C. 20551. The minutes are published in 1997 for growth of the monetary in the Federal Reserve Bulletin and in the Board’s aggregates and debt, measured from the Authority: Federal Advisory Committee annual report. fourth quarter of 1997 to the fourth Act. Pub. L. No. 92–463, Section 10(a)(2), 86 54638 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Stat. 770, 774 (1972) (current version at 5 plans. All topics are tentative and reports, and program areas to emphasize U.S.C. app. section 10(a)(2) (1988); 41 CFR subject to change. Please check the and/or to de-emphasize. 101–6.1015 (1990). NCVHS website for a detailed agenda. Matters To Be Discussed: Agenda Dated: October 15, 1997. Contact Person for More Information: items will include introduction of Wendy M. Comes, Substantive information as well as members and special consultants to the Executive Director. summaries of the meeting and a roster Community/Tribal Subcommittee, [FR Doc. 97–27747 Filed 10–20–97; 8:45 am] of committee members may be obtained updates on ATSDR medical monitoring BILLING CODE 1610±01±M by visiting the NCVHS website (http:// at Hanford and Bunker Hill, ATSDR’s aspe.os.dhhs.gov/ncvhs) or by calling methyl parathion experience, the James Scanlon, NCVHS Executive Staff programs and activities of the ATSDR DEPARTMENT OF HEALTH AND Director, Office of the Assistant Office of Urban Affairs, the Great Lakes HUMAN SERVICES Secretary for Planning and Evaluation, Human Health Effects Research, the DHHS, Room 440–D Humphrey ATSDR Child Health Initiative, and the National Committee on Vital and Health Building, 200 Independence Avenue National Institute of Environmental Statistics; Meeting S.W., Washington, D.C. 20201, Health Sciences Worker Safety and telephone (202) 690–7100, or Marjorie Training Program; a discussion on Purusant to the Federal Advisory S. Greenberg, Executive Secretary, Committee Act, the Department of ATSDR/Native American cooperation; NCVHS, NCHS, CDC, Room 1100, an overview for determining Health and Human Services announces Presidential Building, 6525 Belcrest the following advisory committee contaminant levels in water distribution Road, Hyattsville, Maryland 20782, systems; and a presentation of ATSDR’s meeting. telephone 301/436–7050. Name: National Committee on Vital interim policy on dioxins in soil. and Health Statistics (NCVHS). Dated: October 14, 1997. Written comments are welcome and Times and Dates: 9:00 a.m.–5:30 p.m., James Scanlon, should be received by the contact November 5, 1997; 9:00 a.m.–4:15 p.m., Director, Division of Data Policy. person listed below prior to the opening November 6, 1997. [FR Doc. 97–27825 Filed 10–20–97; 8:45 am] of the meeting. Place: Conference Room 303A–339A, BILLING CODE 4151±04±M Agenda items are subject to change as Hubert H. Humphrey Building, 200 priorities dictate. Independence Avenue S.W., Washington D.C. 20201. DEPARTMENT OF HEALTH AND CONTACT PERSONS FOR MORE Status: Open. HUMAN SERVICES INFORMATION: Charles Xintaras, Sc.D., Purpose: The meeting will focus on a Executive Secretary, BSC, ATSDR, M/S variety of data policy and privacy Agency for Toxic Substances and E–28, 1600 Clifton Road, NE., Atlanta, issues. The Committee will review its Disease Registry Georgia 30333, telephone 404/639– progress and consider next steps in 0708. addressing new responsibilities in Board of Scientific Counselors, Dated: October 9, 1997. Agency for Toxic Substances and health data standards and health Carolyn J. Russell, Disease Registry; Meeting information privacy as outlined in the Director, Management Analysis and Services administrative simplification provisions In accordance with section 10(a)(2) of Office, Centers for Disease Control and of P.L. 104–191, the Health Insurance the Federal Advisory Committee Act Prevention (CDC). Portability and Accountability Act of (Pub. L. 92–463), the Agency for Toxic [FR Doc. 97–27793 Filed 10–20–97; 8:45 am] 1996 (HIPAA), as well as on related Substances and Disease Registry BILLING CODE 4163±70±P matters. Department officials will brief (ATSDR) announces the following the Committee on recent activities of the committee meeting. HHS Data Council, the status of HHS Name: Board of Scientific Counselors, DEPARTMENT OF HEALTH AND activities in implementing the Agency for Toxic Substances and HUMAN SERVICES administrative simplification provisions Disease Registry (BSC, ATSDR). of P.L. 104–191, and related date policy Times and Dates: 9 a.m.–5 p.m., Centers for Disease Control and activities. November 19, 1997, and 8:30 a.m.–4 Prevention The Committee also will hear a p.m., November 20, 1997. briefing on data needs and issues by the Place: ATSDR, 35 Executive Park Citizens Advisory Committee on Public Director of the National Center for Drive, Training Room, Atlanta, Georgia Health Service Activities and Research Health Statistics. Presentations also are 30329. at Department of Energy (DOE) Sites: schedued relating to the President’s Status: Open to the public, limited by Fernald Health Effects Subcommittee Commission on Quality and Consumer the space available. The meeting room In accordance with section 10(a)(2) of Protection, the National Vital Statistics accommodates approximately 60 the Federal Advisory Committee Act Program and Standard Certificates, and people. confidentiality and anti-discrimination Purpose: The Board of Scientific (Pub. L. 92–463), the Agency for Toxic issues in genetic testing. Breakout Counselors, ATSDR, advises the Substances and Disease Registry sessions are planned for the Secretary; the Assistant Secretary for (ATSDR) and the Centers for Disease Subcommittee on Health Data Needs, Health; and the Administrator, ATSDR, Control and Prevention (CDC) announce Standards and Security, the on ATSDR programs to ensure scientific the following meeting. Subcommittee on Privacy and quality, timeliness, utility, and Name: Citizens Advisory Committee Confidentiality, and the Subcommittee dissemination of results. Specifically, on Public Health Service Activities and on Population-Specific Issues. In the Board advises on the adequacy of Research at DOE Sites: Fernald Health addition, the Committee will discuss its the science in ATSDR-supported Effects Subcommittee. recent recommendations relating to the research, emerging problems that Times and Dates: 1 p.m.–9 p.m., unique health identifier for individuals, require scientific investigation, accuracy November 5, 1997, and 8:30 a.m.–5 and will discuss priorities and work and currency of the science in ATSDR p.m., November 6, 1997. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54639

Place: The Plantation, 9660 Dry Fork Subcommittee’s mission and activities meet to discuss a research grants update, Road, Harrison, Ohio 45020, telephone will be part of the evening session. upcoming program announcements, and 513/367–5610. Agenda items are subject to change as related issues. Following the Work Group Status: Open to the public, limited priorities dictate. meeting, the full Committee will meet to only by the space available. The meeting discuss (1) Safe America Partnership CONTACT PERSON FOR MORE INFORMATION: Council; (2) National Partnership Council room accommodates approximately 50 Steven A. Adams, Radiation Studies including Federal and corporate components; people. Branch, Division of Environmental (3) a report from SPRWG; and (4) status of Background: Under a Memorandum Hazards and Health Effects, NCEH, CDC, the Institute of Medicine study on injury of Understanding (MOU) signed in 4770 Buford Highway, NE. (M/S F–35), prevention and control. December 1990 with DOE and replaced Atlanta, Georgia 30341–3724, telephone Agenda items are subject to change as by an MOU signed in 1996, the 770/488–7040, FAX 770/488–7044. Department of Health and Human priorities dictate. Services (HHS) was given the Dated: October 15, 1997. Contact Person for more Information: responsibility and resources for Nancy C. Hirsch, Mr. Thomas E. Blakeney, Executive conducting analytic epidemiologic Acting Director, Management Analysis and Secretary, ACIPC, National Center for investigations of residents of Services Office, Centers for Disease Control Injury Prevention and Control, CDC, communities in the vicinity of DOE and Prevention (CDC). 4770 Buford Highway, NE, M/S K61, facilities, workers at DOE facilities, and [FR Doc. 97–27792 Filed 10–20–97; 8:45 am] Atlanta, Georgia 30341–3724, telephone other persons potentially exposed to BILLING CODE 4163±18±P 770/488–1481. radiation or to potential hazards from Dated: October 15, 1997. non-nuclear energy production use. Nancy C. Hirsch, HHS delegated program responsibility DEPARTMENT OF HEALTH AND HUMAN SERVICES Acting Director, Management Analysis and to CDC. Services Office, Centers for Disease Control In addition, an MOU was signed in Centers for Disease Control and and Prevention (CDC). October 1990 and renewed in November Prevention [FR Doc. 97–27786 Filed 10–20–97; 8:45 am] 1992 between ATSDR and DOE. The BILLING CODE 4163±18±P MOU delineates the responsibilities and Advisory Committee for Injury procedures for ATSDR’s public health Prevention and Control: Meeting activities at DOE sites required under DEPARTMENT OF HEALTH AND sections 104, 105, 107, and 120 of the In accordance with section 10(a)(2) of HUMAN SERVICES Comprehensive Environmental the Federal Advisory Committee Act Response, Compensation, and Liability (Pub. L. 92–463), the Centers for Disease Food and Drug Administration Act (CERCLA or ‘‘Superfund’’). These Control and Prevention (CDC) activities include health consultations announces the following committee Dermatologic and Ophthalmic Drugs and public health assessments at DOE meeting. Advisory Committee; Notice of Meeting sites listed on, or proposed for, the Name: Advisory Committee for Injury Superfund National Priorities List and Prevention and Control (ACIPC). AGENCY: Food and Drug Administration, at sites that are the subject of petitions Time and Date: 1–4:30 p.m., November 18, HHS. from the public; and other health- 1997. ACTION: Notice. related activities such as epidemiologic Place: Sheraton Washington Hotel, 2660 studies, health surveillance, exposure Woodley Road at Connecticut Avenue, NW, This notice announces a forthcoming and disease registries, health education, Washington, DC 20008. meeting of a public advisory committee Status: Open to the public, limited only by of the Food and Drug Administration substance-specific applied research, the space available. emergency response, and preparation of Purpose: The Committee advises and (FDA). The meeting will be open to the toxicological profiles. makes recommendations to the Secretary, the public. Purpose: This subcommittee is Assistant Secretary for Health, and the Name of Committee: Dermatologic charged with providing advice and Director, CDC, regarding feasible goals for the and Ophthalmic Drugs Advisory recommendations to the Director, CDC, prevention and control of injury. The Committee. and the Administrator, ATSDR, Committee makes recommendations General Function of the Committee: regarding community, American Indian regarding policies, strategies, objectives, and To provide advice and priorities, and reviews progress toward injury Tribes, and labor concerns pertaining to prevention and control. The Committee recommendations to the agency on FDA CDC’s and ATSDR’s public health provides advice on the appropriate balance regulatory issues. activities and research at this DOE site. and mix of intramural and extramural Date and Time: The meeting will be The purpose of this meeting is to research, including laboratory research, and held on November 13 and 14, 1997, 8:30 provide a forum for community, provides guidance on intramural and a.m. to 5:30 p.m. American Indian Tribal, and labor extramural scientific program matters, both Location: Holiday Inn, Versailles interaction and serve as a vehicle for present and future, particularly from a long- Ballrooms I and II, 8120 Wisconsin range viewpoint. The Committee provides Ave., Bethesda, MD. community concern to be expressed as second-level scientific and programmatic advice and recommendations to CDC review for applications for research grants, Contact Person: Tracy Riley or Angie and ATSDR. cooperative agreements, and training grants Whitacre, Center for Drug Evaluation Matters To Be Discussed: Agenda related to injury control and violence and Research (HFD–21), Food and Drug items include: presentations from the prevention, and recommends approval of Administration, 5600 Fishers Lane, National Center for Environmental projects that merit further consideration for Rockville, MD 20857, 301–443–5455, or Health (NCEH) regarding current funding support. The Committee FDA Advisory Committee Information activities, the National Institute for recommends areas of research to be Line, 1–800–741–8138 (301–443–0572 supported by contracts and provides concept Occupational Safety and Health and review of program proposals and in the Washington, DC area), code ATSDR will provide updates on the announcements. 12534. Please call the Information Line progress of current studies, and an Matters To Be Discussed: The Science and for up-to-date information on this overview of the Fernald Health Effects Program Review Work Group (SPRWG) will meeting. 54640 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Agenda: On November 13, 1997, the recommendations to the agency on FDA SUMMARY: The Food and Drug committee will discuss new drug regulatory issues. Administration (FDA) is announcing the application (NDA) 20–788, PropeciaTM Date and Time: The meeting will be availability of a Level 1 guidance for (finasteride 1 milligram tablets, Merck held on November 17, 1997, 8:30 a.m. industry entitled ‘‘SUPAC–IR: Research Laboratories), for treatment of to 4:30 p.m. Immediate Release Solid Oral Dosage androgenetic alopecia to increase hair Location: Corporate Bldg., conference Forms—Manufacturing Equipment growth and to prevent further hair loss. room 020B, 9200 Corporate Blvd., Addendum.’’ This guidance is intended On November 14, 1997, the committee Rockville, MD. to provide insight and recommendations will participate in a scientific Contact Person: John C. Monahan, to pharmaceutical sponsors of new drug discussion of clinical trial design Center for Devices and Radiological applications (NDA’s), abbreviated new questions for products intended for the Health (HFZ–470), Food and Drug drug applications (ANDA’s), and treatment of burn wounds. This is one Administration, 9200 Corporate Blvd., abbreviated antibiotic applications segment of an overall effort by the Rockville, MD 20850, 301–594–1212, or (AADA’s) who wish to change agency to develop a guidance document FDA Advisory Committee Information equipment during the postapproval on wound healing products. Line, 1–800–741–8138 (301–443–0572 period. This guidance document Procedure: Interested persons may in the Washington, DC area), code represents the agency’s current thinking present data, information, or views, 12526. Please call the Information Line on scale-up and postapproval orally or in writing, on issues pending for up-to-date information on this equipment changes (SUPAC) for before the committee. Written meeting. immediate release dosage forms submissions may be made to the contact Agenda: The committee will discuss regulated by the Center for Drug person by November 4, 1997. Oral general issues and vote on an original Evaluation and Research (CDER). presentations from the public will be premarket approval application (PMA) for an ultrasound bone sonometer and DATES: Written comments may be scheduled between approximately 8:30 submitted at any time. a.m. and 9 a.m., and between an original PMA for a breast impedance approximately 1 p.m. and 1:30 p.m. on scanner. ADDRESSES: Submit written requests for both days. Time allotted for each Procedure: Interested persons may single copies of the guidance to the Drug presentation may be limited. Those present data, information, or views, Information Branch (HFD–210), Center desiring to make formal oral orally or in writing, on issues pending for Drug Evaluation and Research, Food presentations should notify the contact before the committee. Written and Drug Administration, 5600 Fishers person before November 4, 1997, and submissions may be made to the contact Lane, Rockville, MD 20857. Send one submit a brief statement of the general person by November 10, 1997. Oral self-addressed adhesive label to assist nature of the evidence or arguments presentations from the public will be that office in processing your requests. they wish to present, the names and scheduled between approximately 8:45 Submit written comments on the addresses of proposed participants, and a.m. and 9:45 a.m. Time allotted for guidance document to the Dockets an indication of the approximate time each presentation may be limited. Those Management Branch (HFA–305), Food requested to make their presentation. desiring to make formal oral and Drug Administration, 12420 Notice of this meeting is given under presentations should notify the contact Parklawn Dr., rm. 1–23, Rockville, MD the Federal Advisory Committee Act (5 person before November 10, 1997, and 20857. U.S.C. app. 2). submit a brief statement of the general FOR FURTHER INFORMATION CONTACT: John nature of the evidence or arguments Dated: October 9, 1997. L. Smith, Office of Generic Drugs, they wish to present, the names and Center for Drug Evaluation and Research Michael A. Friedman, addresses of proposed participants, and Deputy Commissioner for Operations. (HFD–623), Food and Drug an indication of the approximate time Administration, 7500 Standish Pl., [FR Doc. 97–27816 Filed 10–20–97; 8:45 am] requested to make their presentation. Rockville, MD 20855, 301–827–5848. BILLING CODE 4160±01±F Notice of this meeting is given under the Federal Advisory Committee Act (5 SUPPLEMENTARY INFORMATION: FDA is U.S.C. app. 2). announcing the availability of a DEPARTMENT OF HEALTH AND guidance for industry entitled ‘‘SUPAC– Dated: October 10, 1997. HUMAN SERVICES IR: Immediate Release Solid Oral Dosage Michael A. Friedman, Forms—Manufacturing Equipment Food and Drug Administration Deputy Commissioner for Operations. Addendum.’’ This guidance is intended [FR Doc. 97–27817 Filed 10–20–97; 8:45 am] to provide recommendations to Radiological Devices Panel of the BILLING CODE 4160±01±F pharmaceutical manufacturers using Medical Devices Advisory Committee; CDER’S Guidance for Industry on Notice of Meeting ‘‘Immediate Release Solid Oral Dosage DEPARTMENT OF HEALTH AND Forms, Scale-Up and Post-Approval AGENCY: Food and Drug Administration, HUMAN SERVICES HHS. Changes: Chemistry, Manufacturing and Controls, In Vitro Dissolution Testing, ACTION: Notice. Food and Drug Administration and In Vivo Bioequivalence This notice announces a forthcoming [Docket No. 95D±0349] Documentation’’ (SUPAC–IR), which meeting of a public advisory committee was issued in November 1995. The Guidance for Industry on SUPAC±IR: manufacturing equipment addendum of the Food and Drug Administration Immediate Release Solid Oral Dosage (FDA). The meeting will be open to the may be used in conjunction with the Forms, Manufacturing Equipment SUPAC–IR guidance in determining public. Addendum; Availability Name of Committee: Radiological what documentation should be Devices Panel of the Medical Devices AGENCY: Food and Drug Administration, submitted to FDA regarding equipment Advisory Committee. HHS. changes made in accordance with the General Function of the Committee: recommendations in sections V and ACTION: Notice. To provide advice and VI.A of the SUPAC–IR guidance. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54641

This guidance for industry represents Boulevard, Suite 325, Rockville, live or fixed monolayers, the agency’s current thinking on scale- Maryland 20852–3804; telephone: 301/ immunoblotting, immunoprecipitation, up and post approval equipment 496–7057, ext. 246; fax: 301/402–0220; immunohistochemical, and flow changes for immediate release solid oral e-mail: [email protected]. A signed cytometric procedures. This kit dosage forms regulated by CDER. It does Confidential Disclosure Agreement will overcomes some of the problems not create or confer any rights for or on be required to receive copies of the associated with prior methods, which any person and does not operate to bind patent applications. may not effectively precipitate proteins FDA or the public. An alternative or react in immunoblots, are not capable Diagnostic Reagents and Vaccines for approach may be used if such approach of detecting MuLVs belonging to all Multiple Genotypes of Hepatitis C Virus satisfies the requirements of the classes with a single reagent, and may applicable statute, regulations, or both. J Bukh, RH Miller, RH Purcell (NIAID) not efficiently neutralize all MuLVs. Interested persons may, at any time, Serial Nos. 08/466,601 and 08/468,570 Dated: October 7, 1997. submit written comments on the filed 06 Jun 95 (DIV of U.S. Patent guidance to the Dockets Management 5,514,539 issued 07 May 96) Barbara M. McGarey, J.D. Branch (address above). Two copies of The invention describes the complete Deputy Director, Office of Technology any comments are to be submitted, nucleotide and deduced amino acid Transfer. except that individuals may submit one sequences of the envelope 1 (E1) gene of [FR Doc. 97–27864 Filed 10–20–97; 8:45 am] copy. Comments and requests are to be 51 hepatitis C virus (HCV) isolates from BILLING CODE 4140±01±M identified with the docket number around the world and the grouping of found in brackets in the heading of this these isolates into twelve distinct HCV document. The guidance and received genotypes. More specifically, this DEPARTMENT OF HEALTH AND comments may be seen in the office invention relates to the HUMAN SERVICES above between 9 a.m. and 4 p.m., oligonucleotides, peptides and Monday through Friday. recombinant proteins derived from the National Institutes of Health Persons with access to the Internet envelope 1 gene sequences of these National Institute of Allergy and may obtain copies of ‘‘SUPAC–IR: isolates and to diagnostic methods and Infectious Diseases; Notice of Closed Immediate Release Solid Oral Dosage vaccines that employ these reagents. Forms—Manufacturing Equipment Meeting Addendum’’ by using the World Wide Antigenic Protein of Borrelia Web (WWW) and going to ‘‘http:// Burgdorferi Pursuant to Section 10(d) of the www.fda.gov/cder/guidance/ WJ Simpson, TG Schwan (NIAID) Federal Advisory Committee Act, as index.htm’’. Serial No. 08/396,957 filed 01 Mar 95 amended (5 U.S.C. Appendix 2), notice is hereby given of the following Dated: October 14, 1997. (DIV of U.S. Patent 5,470,712 issued 28 Nov 95) National Institute of Allergy and William K. Hubbard, Infectious Diseases Special Emphasis Associate Commissioner for Policy This patent application describes a 39 Panel (SEP) meeting: Coordination. kDA protein (P39) that is species- Name of SEP: Therapeutic Strategies for [FR Doc. 97–27738 Filed 10-20-97; 8:45 am] specific and expressed by all North Papillomavirus (Telephone Conference Call). BILLING CODE 4160±01±F American and European B. burgdorferi isolates. The discovery includes the Date: October 29, 1997. cloning and expression of the gene for Time: 2:00 p.m. to Adjournment. DEPARTMENT OF HEALTH AND P39 in E. coli and the use of P39 as a Place: Teleconference, 6003 Executive HUMAN SERVICES diagnostic antigen for the serodiagnosis Boulevard, Solar Building, Room 1A1, of Lyme borreliosis. The P39 described Bethesda, MD 20892, (301) 402–0747. National Institutes of Health in this invention report has been found Contact Person: Dr. Sayeed Quraishi, not only to be species-specific, but Scientific Review Adm., 6003 Executive Government-Owned Inventions; reactive only with human Lyme Boulevard, Solar Bldg., Room 4C22, Availability for Licensing borreliosis sera. This suggests that any Bethesda, MD 20892, (301) 496–7465. Purpose/Agenda: To evaluate contract patient’s serum that is shown to react to AGENCY: National Institutes of Health. proposals. P39, irrespective of the patient’s clinical ACTION: Notice. The meeting will be closed in accordance picture, can be diagnosed as having or with the provisions set forth in secs. SUMMARY: The inventions listed below having had Lyme borreliosis. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. are owned by agencies of the U.S. Versatile Reagent for Detecting Murine Applications and/or proposals and the Government and are available for Leukemia Viruses discussions could reveal confidential trade licensing in the U.S. in accordance with secrets or commercial property such as 35 U.S.C. 207 to achieve expeditious LH Evans, WJ Britt (NIAID) patentable material and personal information commercialization of results of federally Serial No. 08/046,352 filed 08 Apr 93 concerning individuals associated with the funded research and development. Monoclonal antibodies directed at the applications and/or proposals, the disclosure Foreign patent applications are filed on proteins of murine leukemia viruses of which would constitute a clearly selected inventions to extend market (MuLVS) have some value as unwarranted invasion of personal privacy. coverage for U.S. companies and may immunological reagents, but differ This notice is being published less than 15 also be available for licensing. greatly in their applicability. The kit days prior to the meetings due to the urgent ADDRESSES: Licensing information and described in this invention uses a need to meet timing limitations imposed by copies of the U.S. patent applications monoclonal antibody designated 83A25, the review and funding cycle. listed below may be obtained by which identifies almost all ecotropic, (Catalog of Federal Domestic Assistance contacting George Keller, Ph.D., xenotropic, polytropic, and Programs Nos. 93.855, Immunology, Allergic Technology Licensing Specialist, at the amphotropic MuLVs. It can be used in and Immunologic Diseases Research; 93.856, Office of Technology Transfer, National a wide variety of procedures, including Microbiology and Infectious Diseases Institutes of Health, 6011 Executive focal immunofluorescence assays on Research, National Institutes of Health) 54642 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Dated: October 15, 1997. Drive, Natcher Building, Room 4AN–44F, DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, Bethesda, MD 20892, (301) 594–2372. HUMAN SERVICES Committee Management Officer, NIH. Purpose/Agenda: To evaluate and review grant applications and/or contract proposals. [FR Doc. 97–27860 Filed 10–20–97; 8:45 am] National Institutes of Health These meetings will be closed in BILLING CODE 4140±01±M accordance with the provisions set forth in Office of Research on Women's secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Health; Notice of MeetingÐ``Beyond Applications and/or proposals and the DEPARTMENT OF HEALTH AND Hunt Valley: Research on Women's discussions could reveal confidential trade Health for the 21st Century'' HUMAN SERVICES secrets or commercial property such as patentable material and personal information Notice is hereby given that the Office National Institutes of Health concerning individuals associated with the of Research on Women’s Health applications and/or proposals, the disclosure (ORWH), Office of the Director, National National Institutes of Dental Research; of which would constitute a clearly Notice of Closed Meeting Institutes of Health (NIH), will convene unwarranted invasion of personal privacy. a meeting on November 17, 18, and 19, Pursuant to Section 10(d) of the (Catalog of Federal Domestic Assistance 1997, at the Bethesda Marriott (formerly Program No. 93.121, Oral Diseases and Pooks Hill Marriott), Bethesda, Federal Advisory Committee Act, as Disorders Research) amended (5 U.S.C. Appendix 2), notice Maryland. Dated: October 15, 1997. is hereby given of the following The NIH/AES is accredited by the National Institute of Dental Research LaVerne Y. Stringfield, Accreditation Council for Continuing Special Emphasis Panel (SEP) meetings: Committee Management Officer, NIH. Medical Education to sponsor [FR Doc. 97–27861 Filed 10–20–97; 8:45 am] continuing medical educations for Name of SEP: National Institute of Dental Research Special Emphasis Panel—Review of BILLING CODE 4140±01±M physicians. R03 grant (98–14). The NIH/AES designates this Dates: November 5, 1997. educational activity for a maximum of Time: 2:00 p.m. DEPARTMENT OF HEALTH AND 10 hours in category 1 credit towards Place: Natcher Building, Rm. 4AN–44F, HUMAN SERVICES the AMA Physician’s Recognition National Institutes of Health, Bethesda, MD Award. Each physician should claim 20892, (teleconference). National Institutes of Health only those hours of credit that he/she Contact Person: Dr. Philip Washko, National Institute on Deafness and actually spent in the educational Scientist Review Administrator, 4500 Center activity. Drive, Natcher Building, Room 4AN–44F, Other Communication Disorders; Bethesda, MD 20892, (301) 594–2372. Notice of Meeting of the Deafness and The ORWH/NIH research agenda Purpose/Agenda: To evaluate and review Other Communication Disorders recognizes the full spectrum of research grant applications and/or contract proposals. Programs Advisory Committee from basic to clinical research and trials, Name of SEP: National Institute of Dental epidemiological and population studies, Research Special Emphasis Panel—Review of Pursuant to Pub. L. 92–463, notice is clinical applications and health R44 grant (98–12). hereby given of a meeting of the outcomes. Since September 1996, the Dates: November 12, 1997. Deafness and Other Communication ORWH has convened a series of three Time: 10:00 a.m. regional meetings for the purpose of Place: Natcher Building, Rm. 4AN–44F, Disorders Programs Advisory Committee. updating the NIH scientific agenda on National Institutes of Health, Bethesda, MD women’s health research to meet the 20892, (teleconference). Date: November 3, 1997. challenges of a changing scientific and Contact Person: Dr. Philip Washko, Place: National Institutes of Health, 9000 social world. This mechanism provides Scientist Review Administrator, 4500 Center Wisconsin Avenue, Building 31C, Conference Drive, Natcher Building, Room 4AN–44F, Room 7, Bethesda, MD 20892. an opportunity for the continued Bethesda, MD 20892, (301) 594–2372. Time: 8 am to 4:30 pm. collaboration between individuals and Purpose/Agenda: To evaluate and review Purpose/Agenda: To hold discussions on groups of women and their families, grant applications and/or contract proposals. Extramural Research programs. advocates, scientists, health care Name of SEP: National Institute of Dental Contact Person: Ralph F. Naunton, M.D., practitioners and public health policy Research Special Emphasis Panel—Review of Director, Division of Human Communication, makers with the NIH to update and R03 grant (98–08). NIH/NIDCD, 6120 Executive Boulevard, MSC revise the national research agenda for Dates: November 17, 1997. 7180, Bethesda, MD 20892–7180, 301–496– women’s health into the twenty-first Time: 2:30 p.m. 1804. century. The purpose of this national The entire meeting will be open to the Place: Natcher Building, Rm. 4AN–44F, meeting will be to culminate the National Institutes of Health, Bethesda, MD public, with attendance limited to space 20892, (teleconference). available. A summary of the meeting and a dialogue conducted over the last year to Contact Person: Dr. Philip Washko, roster of the members may be obtained from update and revise the current Scientist Review Administrator, 4500 Center Dr. Naunton’s office. For individuals who biomedical research agenda for women’s Drive, Natcher Building, Room 4AN–44F, plan to attend and need special assistance health, as originally presented in the Bethesda, MD 20892, (301) 594–2372. such as sign language interpretation or other Report of the National Institutes of Purpose/Agenda: To evaluate and review reasonable accommodation, please contact Health; Opportunities for Research on grant applications and/or contract proposals. Dr. Naunton prior to the meeting. Women’s Health, a publication based on Name of SEP: National Institute of Dental (Catalog of Federal Domestic Assistance a conference held in Hunt Valley, Research Special Emphasis Panel—Review of Program No. 93.173 Biological Research Maryland, September 1991. R03 grant (98–13). Related to Deafness and Communication The first day of the national meeting, Disorders) Dates: November 20, 1997. November 17, will be devoted to Time: 12:00 noon. Dated: October 15, 1997. receiving public testimony from 1:00 Place: Natcher Building, Rm. 4AN–44F, LaVerne Y. Stringfield, National Institutes of Health, Bethesda, MD p.m. to 6:00 p.m. The ORWH invites 20892, (teleconference). Committee Management Officer, NIH. individuals or individuals representing Contact Person: Dr. Philip Washko, [FR Doc. 97–27862 Filed 10–20–97; 8:45 am] organizations with an interest in Scientist Review Administrator, 4500 Center BILLING CODE 4140±01±M research areas related to women’s health Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54643 to provide written and oral testimony on and/or emerging gaps in knowledge, review, as required by the Paperwork (1) The state of knowledge and areas in need of further research, Reduction Act. The Department is continuing or emerging gaps in strategies to take advantage of soliciting public comments on the knowledge about women’s health across opportunities in science, and emerging subject proposal. the life span, (2) Sex/gender differences: issues in women’s health. DATES: Comments due: December 22, Issues for women’s health research, (3) The NIH research agenda has focused 1997. Factors that influence differences on sex and gender issues in the health ADDRESSES: Interested persons are between populations of women: Issues and diseases of women, in considering invited to submit comments regarding for women’s health research, (4) New such matters as normal development, this proposal. Comments should refer to priorities for research on women’s disease prevention, health maintenance, the proposal by name and/or OMB health, and (5) Career issues for women response to interventions, disease Control Number and should be sent to: scientists: Overcoming barriers and prognosis, and treatment outcomes. We Oliver Walker, Housing, Department of achieving success in biomedical careers. have also focused on factors that Housing and Urban Development, 451– Due to time constraints, only one influence differences in health status 7th Street, SW, Room 9116, Washington, representative from each organization and health outcomes among different DC 20410. may present oral testimony, with populations of women. FOR FURTHER INFORMATION CONTACT: presentations limited to 10 minutes. A At this national meeting, experts in Vance Morris, Director, Single Family letter of intent to present such testimony basic and clinical science, practitioners Home Mortgage Insurance Division, should be sent by interested individuals interested in women’s health, telephone number (202) 708–2700 (this and representatives of organizations to representatives of scientific, is not a toll free number) for copies of Ms. Saundra Bromberg, Capital professional and women’s health the proposed forms and other available Consulting Corporation, 11900 organizations, and women’s health documents. Parklawn Drive, Suite 350, Rockville, advocates will continue to assess the MD 20852. The date of receipt of the current status of research on women’s SUPPLEMENTARY INFORMATION: The letter will establish the order of health in these and in other areas, Department will submit the proposed presentations at the November meeting. identify gaps in existing knowledge, and information collection to OMB for Presenters should send three (3) recommend scientific approaches and review, as required by the Paperwork written copies (up to 18 double-spaced strategies for the future direction for Reduction Act of 1995 (44 U.S.C. pages) on a diskette in Word Perfect for research on women’s health. Chapter 35). IBM of their testimony, a one-page The conference will focus on The notice is soliciting comments summary, and a brief description of scientific issues such as cardiovascular from members of the public and their organization, to the above address disease, cancer, neurological conditions, affecting agencies concerning the no later than November 3, 1997. reproductive issues, mental disorders, proposed collection of information to: Individuals and individuals digestive diseases and nutrition, (1) Evaluate whether the proposed representing organizations wishing to urologic and kidney conditions, bone/ collection of information is necessary provide written statements only may musculoskeletal disorders, immunity/ for the proper performance of the send three (3) copies of their statements autoimmune diseases, behavioral and functions of the agency, including to the above address by November 3, social sciences, oral health, substance whether the information will have 1997. Written testimony will be made abuse and addictive disorders, practical utility; (2) Evaluate the available to the conferees prior to the pharmacology, and career issues for accuracy of the agency’s estimate of the November 18 meeting day. Comments women scientists. Following the burden of the proposed collection of and questions related to the November national scientific workshop, the Office information; (3) Enhance the quality, meeting should be addressed to Ms. of Research on Women’s Health will utility, and clarity of the information to Bromberg. develop a report identifying priorities be collected; and (4) Minimize the On November 18 and 19, plenary for research on women’s health for the burden of the collection of information sessions as well as concurrent scientific 21st century. on those who are to respond; including working groups will address areas of through the use of appropriate science particularly relevant to women’s Dated: October 10, 1997. automated collection techniques or health across the life span and career Ruth L. Kirschstein, other forms of information technology, issues for women scientists. The Deputy Director, NIH. e.g., permitting electronic submission of meeting on November 18 will be held [FR Doc. 97–27863 Filed 10–20–97; 8:45 am] responses. from 8:00 a.m. to 6:00 p.m., and on BILLING CODE 4140±01±M This notice also lists the following November 19 from 8:00 a.m. until information: approximately 4:00 p.m. All sessions of Title of Proposal: Title I Electronic the meeting are open to the public. DEPARTMENT OF HOUSING AND Data Collection. In convening these meetings, the URBAN DEVELOPMENT OMB Control Number: 2502–. ORWH has reaffirmed the NIH’s Descrition of the need for the commitment to seeking broad [Docket No. FR±4263±N±44] information and proposed use: The representation of individuals from Department needs additional data from Notice of Proposed Information across the spectrum of medical lenders to permit more effective risk Collection for Public Comment specialties and scientific disciplines. management of its Title I loan portfolio. Basic and clinical scientists, health AGENCY: Office of the Assistant The data will be collected in an providers, and advocates from across Secretary for Housing, HUD. electronic format and therefore enhance the country have met in Philadelphia, ACTION: Notice. the Department’s ability to monitor Pennsylvania; New Orleans, Louisiana; individual loan and lender performance. and Santa Fe, New Mexico, to provide SUMMARY: The proposed information Agency forms, if applicable: None. guidance and make recommendations to collection requirements described below Members of affected public: Lending the ORWH concerning advances in will be submitted to the Office of institutions with FHA approval to women’s health research, continuing Management and Budget (OMB) for originate or service Title I loans. 54644 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Status of the proposed information functions, services, and activities or development of an irrigation system on collection: Not applicable. portions thereof in Interior bureaus their reservation as authorized by Estimate of public burden: The other than BIA are eligible to be section 301(a) of the Colorado River additional reporting burden is planned, conducted, consolidated, and Basin Project Act was begun in Fiscal considered minimal, as the data administered by a self-governance tribal Year 1997. Another successor agreement collected will be electronically reported government. is continuing in Fiscal Year 1998. and consists primarily on information Under section 405(c) of the Self- In Fiscal Year 1997, two agreements Title I lenders currently collect during Governance Act, the Secretary of the were negotiated by the National Park the loan origination process. In Interior is required to publish annually: Service. The annual funding agreement aggregate the reporting burden is (1) A list of non-BIA programs, services, with Kawerak, Inc., supported by funds estimated a 1,211 hours annually. activities, and functions or portions from the shared Beringian heritage thereof, that are eligible for inclusion in program, builds on the previous Authority agreements negotiated under the self- agreement and covers work to be Section 236 of the Paperwork governance program; and (2) completed in Fiscal Year 1998. This Reduction Act of 1995, 44 U.S.C. programmatic targets for these bureaus. work will result in a more complete Chapter 35, as amended. Under the Self-Governance Act, two record of the Bering Strait Region’s categories of non-BIA programs are Dated: October 15, 1997. Inupiat, St. Lawrence Island Yupik and eligible for self-governance funding Southern Norton Sound Yupik culture, Nicolas P. Retsinas, agreements. history, knowledge and traditions. The Assistant Secretary for Housing-Federal Under section 403(b)(2) of the Act, self governance cooperative agreement Housing Commissioner. any non-BIA program, service, function with Lower Elwha Klallam Tribe [FR Doc. 97–27768 Filed 10–20–97; 8:45 am] or activity that is administered by enables the Elwha to carry out selected BILLING CODE 4210±27±M Interior that is ‘‘otherwise available to National Park Service functions, Indian tribes or Indians,’’ can be services and activities under the NPS administered by a tribal government Elwha River Restoration Program. DEPARTMENT OF THE INTERIOR through a self-governance agreement. The Department interprets this III. Eligible Programs of the Department Office of the Secretary provision to require only the inclusion of the Interior non-BIA Bureaus of programs eligible for self- Following this paragraph is a listing List of Programs Eligible for Inclusion determination contracting under Title I by bureau of the types of non-BIA in Fiscal Year 1999 Annual Funding of the Indian Self-Determination and programs, or portions thereof, that may Agreements To Be Negotiated With Education Assistance Act (P.L. 93–638). be eligible for self-governance annual Self-Governance Tribes by Interior Under section 403(c) of the Act, the funding agreements because they are Bureaus Other Than the Bureau of Secretary may include other programs, either ‘‘otherwise available to Indians’’ Indian Affairs services, functions, and activities, or and not precluded by any other law, or AGENCY: Office of the Secretary, Interior. portions thereof, that are of ‘‘special may have ‘‘special geographic, ACTION: Notice. geographic, historical, or cultural historical, or cultural significance’’ to a significance’’ to a self-governance tribe. participating tribe. This summary is a SUMMARY: This notice lists programs or Under section 403(k) of the Self- general listing that represents the portions of programs that are eligible for Governance Act, annual agreements bureaus’ best estimates of activities that inclusion in Fiscal Year 1999 annual cannot include programs, services, may be available for negotiation at the funding agreements with self- functions, or activities that are request of the self-governance tribe. governance tribes and lists inherently Federal or where the statute Since 1996, the Bureau of Mines no programmatic targets for each of the establishing the existing program does longer exists and, therefore, is not on non-BIA bureaus, pursuant to section not authorize the type of participation this list. 405(c)(4) of the Tribal Self-Governance sought by the tribe. However, a tribe (or The Department will also consider for Act. tribes) need not be identified in the inclusion in annual funding agreements DATES: This notice expires on authorizing statutes in order for a other programs or activities not September 30, 1999. program or element to be included in a included in this listing, but which, upon self-governance agreement. While request of a self-governance tribe, the ADDRESSES: Inquiries or comments general legal and policy guidance Department determines to be eligible regarding this notice may be directed to regarding what constitutes an inherently under either sections 403(b)(3) or 403(c) the Office of Self-Governance, 1849 C Federal function exists, we will of the Act. If you have any questions Street NW, 2548 MIB, Washington, DC determine whether a specific function is about these programs or other programs 20240. Telephone (202) 219–0240 or to inherently Federal on a case-by-case that you may be interested in, please the bureau points of contact listed basis considering the totality of contact the appropriate bureau below. circumstances. representative. SUPPLEMENTARY INFORMATION: II. Annual Funding Agreements A. Eligible Programs of the Bureau of I. Background Between Self-Governance Tribes and Land Management (BLM) Title II of the Indian Self- Non-BIA Bureaus of the Department of BLM management responsibilities Determination and Education the Interior cover a wide range of areas such as Assistance Act Amendments of 1994 During Fiscal Year 1996, one annual recreational activities, timber, range and (P.L. 103–413, the ‘‘Self-Governance funding agreement was negotiated by minerals management, wildlife habitat Act’’ or the ‘‘Act’’) instituted a the Bureau of Reclamation and the Gila management and watershed restoration. permanent tribal self-governance River Indian Community for work In addition, BLM is responsible for the program at the Department of the related to a portion of the Central survey of certain Federal and tribal Interior (DOI). Under the self- Arizona Project. This successor annual lands. Two programs also provide tribal governance program certain programs, funding agreement to continue services: (1) Tribal and allottee minerals Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54645 management; and (2) Survey of tribal available in a given year through the governance or non-self-governance. Any and allottee lands. BLM contracts out BLM can be obtained from the BLM tribe may contact a wildlife refuge or some of its activities in the management National Business Center, PO Box fish hatchery about direct contracting or of public lands. These and other 25047, Bldg 50 Denver Federal Center, entering into cooperative agreements. activities, dependent upon the Denver, CO 80225–0047. Some elements of the following availability of funds, the need for programs may be eligible for contracting B. Eligible Programs of the Bureau of specific services, or the self-governance under a self-governance annual funding Reclamation tribe demonstrating a special agreement: geographic, cultural, or historical Reclamation operates a wide range of 1. Fish & Wildlife Technical connection, may be available for water resource management projects for Assistance, Restoration & Conservation inclusion in agreements. Once a tribe hydroelectric power generation, a. Fish & wildlife population surveys has made initial contact with BLM, municipal and industrial water b. Habitat surveys more specific information will be supplies, flood control, outdoor c. Sport fish restoration provided by the respective BLM State recreation, enhancement of fish and d. Feeding depredating migratory birds office. wildlife habitats, and research. Most of e. Fish & wildlife program planning Reclamation’s activities involve f. Habitat restoration activities Programs Otherwise Available construction, operation and 2. Endangered Species Program 1. Cadastral Survey. Tribal and maintenance, and management of water a. Cooperative management of allottee cadastral survey services are resources projects and associated conservation programs already available for contracts under facilities. Components of the following b. Development of recovery plans Title I of the Act and may be available Fiscal Year 1999 water resource c. Conducting status surveys for high for inclusion in an annual funding management and construction projects priority candidate species agreement. may be eligible for self-governance d. Recovery plan implementation 2. Minerals Management. Inspection annual funding agreements. 3. Education Programs and enforcement of Indian oil and gas 1. Wetlands Enhancement Project (Sac operations, inspection, enforcement and a. Interpretation and Fox Nation of Oklahoma)—OK b. Outdoor classrooms production verification of Indian sand 2. Klamath Project—CA, OR and gravel operations: These activities, c. Visitor center operations 3. Newlands Project—NV, CA d. Volunteer coordination efforts on & already available for contracts under 4. Trinity River Restoration Program— off-refuge Title I of the Act, may be available for CA inclusion in an annual funding 4. Environmental Contaminants 5. Central Valley Project (Trinity Program agreement. Division)—CA a. Analytical devices 6. Central Arizona Project—AZ, CA, Potential tribal connection b. Removal of underground storage NM, UT 1. Cultural Heritage. Cultural heritage tanks 7. Colorado River Front Work/Levee activities, such as research and c. Specific cleanup activities System—AZ, CA, NV inventory, may be available in specific d. Natural resource economic analysis 8. Lower Colorado Indian Water States. e. Specific field data gathering efforts Management Study—AZ, CA, NV 2. Forestry Management. Activities, 5. Hatchery Operations such as environmental studies, tree 9. Washoe Project—NV, CA 10. Yuma Area Projects—AZ, CA, NV a. Egg taking planting, thinning and similar work may b. Rearing/feeding be available in specific States. 11. Wild Horse Dam and Reservoir—NV 12. Indian Water Rights Settlement c. Disease treatment 3. Range Management. Activities such d. Tagging Projects—as Congressionally as re-vegetation, noxious weed control, e. Clerical/facility maintenance authorized. fencing, and similar activities may be 6. Wetland & Habitat Conservation For questions regarding self- available in specific States. and Restoration 4. Riparian Management. Activities governance contact Dr. Barbara a. Construction such as facilities construction, erosion McDowell, Native American Affairs b. Planning activities control, rehabilitation, and similar Office, Bureau of Reclamation (W– c. Habitat monitoring and management activities may be available in specific 6100), 1849 C Street NW., Washington, States. DC 20240–0001, (202) 208–4733, fax: 7. Conservation Law Enforcement 5. Recreation Management. Activities (202) 208–6688. a. All law enforcement efforts under such as facilities construction and cross-deputization C. Eligible Programs of the Fish and maintenance, interpretive design and 8. National Wildlife Refuge Wildlife Service (FWS) construction, and similar activities may Operations & Maintenance be available in specific States. The mission of FWS is to conserve, a. Construction 6. Wildlife and Fisheries Habitat protect, and enhance fish, wildlife, and b. Farming Management. Activities such as their habitats for the continuing benefit c. Concessions construction and maintenance, of the American people. Primary d. Maintenance interpretive design and construction, responsibilities are for migratory birds, e. Comprehensive management and similar activities may be available endangered species, freshwater and planning in specific States. anadromous fisheries, and certain f. Biological program efforts For questions regarding Indian self- marine mammals. FWS has a continuing g. Habitat management governance contact the BLM Self- cooperative relationship with a number Governance Coordinator, Dr. Marilyn of Indian tribes through the National Locations of National Wildlife Refuges Nickels, Washington Office, 1849 C Wildlife Refuge System and the in Close Proximity to Self-Governance Street NW, Washington, D.C. 20240, National Fish Hatcheries program. FWS Tribes (202) 452–0330, fax: (202) 452–7701. will discuss participation in any 1. Humboldt Bay National Wildlife General information on all contracts program with any Indian tribe, self- Refuge—CA 54646 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

2. Kootenai National Wildlife Refuge— 1. Audit of Tribal Royalty Payments. national parks, monuments, historic ID Audit activities for tribal leases sites, battlefields, seashores, lake shores 3. Agassiz National Wildlife Refuge— including issuing demands, subpoenas and recreation areas. NPS maintains the MN and orders to perform restructured park units, protects the natural and 4. Rice Lake National Wildlife Refuge— accounting. Excepted activities are the cultural resources, and conducts a range MN issuance of final valuation decisions, of visitor services such as law 5. Mille Lacs National Wildlife Refuge— and other enforcement activities. (For enforcement, interpretation of geology, MN tribes already participating in MMS history, and natural and cultural 6. Pablo National Wildlife Refuge—MT delegated audits, this program is offered resources. Some elements of these 7. Ninepipe National Wildlife Refuge— as an optional alternative.) programs may be eligible for contracting MT 2. Verification of Tribal Royalty under a self-governance annual funding 8. National Bison Range—MT Payments. Financial compliance agreement. The list below was 9. Sequoyah National Wildlife Refuge— verification and monitoring activities, developed considering the geographic OK production verification, and appeals proximity to, and/or traditional 10. Tishomingo National Wildlife research and analysis. association of a self-governance tribe Refuge—OK 3. Tribal Royalty Reporting, with, units of the National Park system, 11. Bandon Marsh National Wildlife Accounting and Data Management. and the types of programs that have Refuge—OR Establishment and management of components that may be suitable for 12. San Juan Islands National Wildlife royalty reporting and accounting contracting through a self-governance Refuge—WA systems including document processing, annual funding agreement. 13. Dungeness National Wildlife production reporting, reference data Refuge—WA (lease, payor, agreement) management, Otherwise Available On-Going Programs 14. Nisqually National Wildlife correction of erroneous report data, and Activities Refuge—WA billing and general ledger. Archeological surveys 15. Alaska National Wildlife Refuges 4. Tribal Royalty Valuation. Comprehensive management planning Statewide—AK Preliminary analysis and Cultural resource management projects 16. Mescalero National Fish Hatchery— recommendations for valuation and ethnographic studies NM allowance determinations and Erosion control 17. Alchesay National Fish Hatchery— approvals. Fire protection AZ 5. Royalty Management of Allottee Hazardous fuel reduction 18. Quinault National Fish Hatchery— Leases. Royalty management of allottee Housing construction and rehabilitation WA leases including the same activities gathering baseline 19. Makah National Fish Hatchery—WA listed for tribal leases. Subsistence data—AK janitorial services For questions regarding self- 6. Online Monitoring of Royalties and Maintenance governance contact Duncan Brown, Accounts. Online computer access to Natural resource management projects Native American Liaison, Fish and reports, payments, and royalty range assesssment—AK Wildlife Service (MS3012), 1849 C information contained in MMS Reindeer grazing—AK Street NW, Washington, D.C. 20240– accounts. MMS will install equipment Road repair 0001, (202) 208–4133, fax: (202) 208– at tribal locations, train tribal staff, and Solid waste collection and disposal 7407. assist tribe in researching and Trail rehabilitation D. Eligible Programs of the Minerals monitoring all payments, reports, Components of these programs are Management Service (MMS) accounts, and historical information potentially eligible for inclusion in a regarding their leases. Self-Governance annual funding MMS provides responsible 7. Royalty Internship Program. This is agreement. Programs may be available stewardship of America’s offshore a flexible orientation or training within units of the National Park resources and collects revenues program for auditors and accountants System. generated from mineral leases on from mineral producing tribes. The Federal and Indian lands. MMS is program is customized for each tribe’s Potential Tribal Connection responsible for the management of the needs to acquaint tribal staff with Special Programs Federal Outer Continental Shelf, which royalty laws, procedures, and Beringia Research are submerged lands off the coasts that techniques or to prepare them to assume Elwha River Restoration have significant energy and mineral royalty management functions. This resources. MMS also offers mineral- program is recommended for tribes that Aspects of these programs may be owning tribes other opportunities to are considering a self-governance available if a self-governance tribe become involved in MMS’s Royalty agreement but have not yet acquired demonstrates a geographical, cultural, or Management Program functions. mineral revenue expertise via a historical connection. Within the Offshore Minerals FOGRMA section 202 contract. Lake Clark National Park and Preserve— Management program, environmental For questions regarding self- AK impact assessments and statements, and governance contact Joan Killgore, Katmai National Park and Preserve—AK environmental studies, may be available Royalty Liaison Office, Minerals Glacier BAy National Park and if a self-governance tribe demonstrates a Management Service, 1849 C Street NW, Preserve—AK special geographic, cultural, or Room 4241, Washington, D.C. 20240– Sitka National Historical Park—AK historical connection. 0001, (202) 208–3512, fax (202) 208– Kenai Fjords National Park—AK Generally, royalty management 3982. Wrangell-St. Elias National Park & programs are available to tribes because Preserve—AK of their status as Indians. Royalty E. Eligible Programs of the National Bering Land Bridge National Park—AK management programs that may be Park Service (NPS) Northwest Alaska Areas—AK available to self-governance tribes are as The National Park Service administers Gates of the Arctic National Park & follows. the National Park System made up of Preserve—AK Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54647

Yukon Charlie Rivers National exists on Indian land, certain regulatory 4. Biological Resources Inventory, Preserve—AK activities that are not inherently Monitoring, Research and Information Casa Grande Ruins National Federal, including, for example, Transfer Activities. Components of this Monument—AZ designation of areas unsuitable for program may be available for inclusion Josha Tree National Park—CA mining, are available to Indian tribes. in an annual funding agreement if a self- Lassen Volcanic National Park—CA For questions regarding self- goverance tribe demonstrates a special Redwoods National Park—CA governance contact Maria Mitchell, geographic, cultural or historical Whiskeytown National Recreation Office of Surface Mining Reclamation connection. Area—CA and Enforcement, 1951 Constitution For questions regarding self-goverance Hagerman Fossil Beds National Ave. NW, (MS–210–SIB), Washington, contact Sue Marcus, American Indian/ Monument—ID D.C. 20240, telephone (202) 208–2847, Alaska Native Liaison, U.S. Geological Sleeping Bear Dunes National fax (202) 208–3111. Survey, 105 National Center, Reston, VA Lakeshore—MI 20192, telephone (703) 648–4437, fax Voyageurs National Park—MI G. Eligible Programs of the U.S. (703) 648–5068. Grand Portage National Monument— Geological Survey (USGS) IV. Programmatic Targets MN The mission of the U.S. Geological Bear Paw Battlefield, Nez Perce National Survey is to provide information on Each of the non-BIA bureaus will Historical Park—MT biology, geology, hydrology, and attempt to successfully negotiate at least Glacier National Park—MT cartography that contributes to the wise one annual funding agreement with a Great Basin National Park—NV management of the nation’s natural self-goverance tribe for implementation Bandelier National Monument—NM in Fiscal Year 1998. Hopewell Culture National Historical resources and to the health, safety, and Park—OK well-being of the American people. Dated: October 15, 1997. Chickasaw National Recreation Area— Information includes maps, data bases, Juliette Falkner, OK and descriptions and analyses of the Special Assistant to the Secretary. water, plants, animals, energy, and Effigy Mounds National Monument—IA [FR Doc. 97–27750 Filed 10–20–97; 8:45 am] mineral resources, land surface, Olympic National Park—WA BILLING CODE 4310±10±M San Juan Islands National Historic underlying geologic structure and Park—WA dynamic processes of the earth. Mt. Rainier National Park—WA Information on these scientific issues is Ebey’s Landing National Historical developed through extensive research, DEPARTMENT OF THE INTERIOR Reserve—WA field studies, and comprehensive data Fish and Wildlife Service Aspects of the ongoing programs and collection to: Evaluate natural hazards such as earthquakes, volcanoes, activities may be available at these park Notice of Receipt of Applications for landslides, floods, droughts, subsidence units with known geographic, cultural, Permit or historical connections with a self- and other ground failures; assess energy, governance tribe. mineral, and water resources in terms of The following applicants have While NPS has tried to indicate the their quality, quantity, and availability; applied for a permit to conduct certain types of programs that may be available, evaluate the habitats of animals and activities with endangered species. This this is not intended to be an all- plants; and produce geographic, notice is provided pursuant to Section inclusive listing. NPS will also discuss cartographic, and remotely-sensed 10(c) of the Endangered Species Act of participation in any program with any information in digital and non-digital 1973, as amended (16 U.S.C. 1531, et Indian tribe, self-governance or non-self- formats. No USGS programs are seq.) governance. specifically available to American Applicant: Rod Brandenburg, For questions regarding self- Indians or Alaska Natives. Components Longmont, CO, PRT–834807. governance contact Dr. Patricia Parker, of programs may have a special The applicant requests a permit to American Indian Liaison Office, geographic, cultural, or historical import the sport-hunted trophy of one National Park Service (2205), 1849 C connection with a tribe. male bontebok (Damaliscus pygargus Street NW, Room 3410, Washington, 1. Mineral, Environmental, and dorcas) culled from a captive herd D.C. 20240; telephone (202) 208–5475, Energy Assessments. Components of maintained under the management fax (202) 273–0870. this program that involve geologic program of the Republic of South Africa, research, data acquisition, and for the purpose of enhancement of the F. Eligible Programs of the Office of predictive modeling may be available survival of the species. Surface Mining (OSM) for inclusion in an annual funding Applicant: Julian B. Smith, Jr., Metter, OSM regulates surface coal mining agreement. GA, PRT–835364. and reclamation operations, and 2. USGS Earthquake Hazards The applicant requests a permit to reclaims abandoned coal mines, in Reduction Program. Components of this import the sport-hunted trophy of one cooperation with States and Indian program involves research, data male bontebok (Damaliscus pygargus tribes. acquisition, and modeling related to dorcas) culled from a captive herd 1. Abandoned Mine Land earthquakes and seismically active areas maintained under the management Reclamation Program. This program to may be available for inclusion in an program of the Republic of South Africa, restore eligible lands mined and annual funding agreement. for the purpose of enhancement of the abandoned or left inadequately restored 3. Water Resources Data Collection survival of the species. is available to Indian tribes. and Investigations. Components of this Applicant: Michael Seaman/Yale 2. Control of the Environmental program may be available for inclusion University, New Haven, CT, PRT– Impacts of Surface Coal Mining. This in an annual funding agreement if a self- 835315. program includes analyses, NEPA goverance tribe demonstrates a special The applicant requests a permit to documentation, technical reviews, and geographic, cultural, or historical import hair samples from gorillas studies. Where surface coal mining connection. (Gorilla gorilla) collected in the wild in 54648 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Uganda, incidental to other research The applicant requests a permit to polar bear population, Northwest activities, for scientific research. export and reimport one captive born Territories, Canada for personal use. Applicant: Wildlife Conservation black leopard (Panthera pardus) and Written data or comments, requests Society, Bronx, NY, PRT–824722. progeny of the animals currently held for copies of any of these complete The applicant request an amendment by the applicant and any animals applications, or requests for a public to their current permit to include the acquired in the United States by the hearing on the applications should be import of 60 non-viable eggs of applicant to/from worldwide locations sent to the U.S. Fish and Wildlife American crocodile (Crocodylus acutus) to enhance the survival of the species Service, Office of Management for the purpose of scientific research. through conservation education. This Authority, 4401 N. Fairfax Drive, Room Applicant: National Institutes of notificatation covers activities 700, Arlington, Virginia 22203, Health, Frederick, MD, PRT–694126. conducted by the applicant over a three telephone 703/358–2104 or fax 703/ The applicant requests an amendment year period. 358–2281 and must be received by to their current permit which authorizes Written data or comments should be November 20, 1997. Anyone requesting import and/or interstate commerce to submitted to the Director, U.S. Fish and a hearing should give specific reasons obtain biological samples taken from Wildlife Service, Office of Management why a hearing would be appropriate. endangered and threatened mammals. Authority, 4401 North Fairfax Drive, The holding of such a hearing is at the They request that the authorization Room 700, Arlington, Virginia 22203 discretion of the Director. specifically include the import and/or and must be received by the Director by Documents and other information interstate commerce of DNA samples November 20, 1997. submitted with the application are taken from endangered and threatened The public is invited to comment on available for review, subject to the mammals for the purpose of scientific the following application for permits to requirements of the Privacy Act and research. conduct certain activities with marine Applicant: Mark Fisher, Visalia, CA, Freedom of Information Act, by any mammals. The applications were party who submits a written request for PRT–835472. submitted to satisfy requirements of the The applicant requests a permit to a copy of such documents to the above Marine Mammal Protection Act of 1972, address by November 20, 1997. import the sport-hunted trophy of one as amended (16 U.S.C. 1361 et seq.) and male bontebok (Damaliscus pygargus the regulations governing marine Dated: October 16, 1997. dorcas) culled from a captive herd mammals (50 CFR 18). Mary Ellen Amtower, maintained under the management Applicant: Mark Rayburg, Lower Acting Chief, Branch of Permits, Office of program of the Republic of South Africa, Burrell, PA, PRT–832318. Management Authority. for the purpose of enhancement of the The applicant requests a permit to [FR Doc. 97–27883 Filed 10–20–97; 8:45 am] survival of the species. import a polar bear (Ursus maritimus) BILLING CODE 4310±55±P Applicant: Louis Sweet, Tulare, CA, sport-hunted from the Gulf of Boothia PRT–835477. polar bear population, Northwest The applicant requests a permit to Territories, Canada for personal use. DEPARTMENT OF THE INTERIOR import the sport-hunted trophy of one Applicant: William Williamson, male bontebok (Damaliscus pygargus Austin, TX, PRT–832316. Fish and Wildlife Service dorcas) culled from a captive herd The applicant requests a permit to maintained under the management import a polar bear (Ursus maritimus) Issuance of Permit for Marine program of the Republic of South Africa, sport-hunted from the McClintock Mammals for the purpose of enhancement of the Channel polar bear population, On July 24, 1997, a notice was survival of the species. Northwest Territories, Canada for published in the Federal Register, Vol. Applicant: National Cancer Institute, personal use. 62, No. 142, Page 39854, that an Frederick, MD, PRT–834014. Applicant: Collins Kellogg, Jr., Black This amends the previoulsy published application had been filed with the Fish River, NY, PRT–835254. and Wildlife Service by Gary Frank activity for the applicant to import hair, The applicant requests a permit to Bogner, No. Muskegon, MI, for a permit tissue, and blood samples from Vicuna import a polar bear (Ursus maritimus) (PRT–832218) to import a sport-hunted (Vicugna vicugna) from Bolivia and sport-hunted from the Lancaster Sound polar bear (Ursus maritimus) trophy, Argentina, rather than only from Chile polar bear population, Northwest taken prior to April 30, 1994, from the and Peru, for the purpose of enhancing Territories, Canada for personal use. Lancaster Sound population, Northwest of the survival of the species through Applicant: Steven H. Jones, Fort Territories, Canada for personal use. scientific research. Myers, FL, PRT–835266. Applicant: The Hawthorn The applicant requests a permit to Notice is hereby given that on October Corporation, Grayslake, IL, PRT– import a polar bear (Ursus maritimus) 6, 1997, as authorized by the provisions 835641. sport-hunted from the Lancaster Sound of the Marine Mammal Protection Act of The applicant requests a permit to re- polar bear population, Northwest 1972, as amended (16 U.S.C. 1361 et export and re-import captive-born Territories, Canada for personal use. seq.) the Fish and Wildlife Service Bengal tiger (Panthera tigris tigris) and Applicant: Helmuth Pfennig, Beulah, authorized the requested permit subject progeny of the animals currently held ND PRT–835227. to certain conditions set forth therein. by the applicant and any animals The applicant requests a permit to On August 7, 1997, a notice was acquired in the United States by the import a polar bear (Ursus maritimus) published in the Federal Register, Vol. applicant to/from worldwide locations sport-hunted from the Lancaster Sound 62, No. 152, Page 42590, that an to enhance the survival of the species polar bear population, Northwest application had been filed with the Fish through conservation education. This Territories, Canada for personal use. and Wildlife Service by Thomas notificatation covers activities Applicant: Lawrence Epping, Salem, VanEvery, Troy, MI, for a permit (PRT– conducted by the applicant over a three OR, PRT–835236. 832624) to import a sport-hunted polar year period. The applicant requests a permit to bear (Ursus maritimus) trophy, taken Applicant: Ron and Joy Holiday and import a polar bear (Ursus maritimus) prior to April 30, 1994, from the Charles Lizza, Alachua, FL, RT–835640. sport-hunted from the Lancaster Sound McClintock Channel population, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54649

Northwest Territories, Canada for and Wildlife Service by Karl Nothdurft, Land Policy and Management Act of personal use. Grosse Pointe Farms, MI, for a permit 1976. Notice is hereby given that on October (PRT–832907) to import a sport-hunted EFFECTIVE DATE: October 21, 1997. 6, 1997, as authorized by the provisions polar bear (Ursus maritimus) trophy, FOR FURTHER INFORMATION CONTACT: of the Marine Mammal Protection Act of taken prior to April 30, 1994, from the Catherine D. Foster, BLM Idaho State 1972, as amended (16 U.S.C. 1361 et Foxe Basin population, Northwest Office, 1387 S. Vinnell Way, Boise, seq.) the Fish and Wildlife Service Territories, Canada for personal use. Idaho 83709, 208–373–3863. authorized the requested permit subject Notice is hereby given that on SUPPLEMENTARY INFORMATION: On April to certain conditions set forth therein. September 30, 1997, as authorized by On August 7, 1997, a notice was 18, 1968 and on October 4, 1971, the the provisions of the Marine Mammal lands listed below were classified as published in the Federal Register, Vol. Protection Act of 1972, as amended (16 62, No. 152, Page 42589, that an suitable for entry under the authority of U.S.C. 1361 et seq.) the Fish and the Desert Land Act of March 3, 1877, application had been filed with the Fish Wildlife Service authorized the and Wildlife Service by Peter Mansfield, as amended and supplemented (43 requested permit subject to certain U.S.C. 321, et seq.). New York City, NY, for a permit (PRT– conditions set forth therein. 832731) to import a sport-hunted polar These classifications are hereby On August 14, 1997, a notice was terminated and the segregation for the bear (Ursus maritimus) trophy, taken published in the Federal Register, Vol. from the Southern Beaufort Sea following described land is hereby 62, No. 157, Page 43544, that an terminated: population, Northwest Territories, application had been filed with the Fish Canada for personal use. and Wildlife Service by the Alaska T. 6 S., R. 4 E., B.M. section 24: NE1⁄4SE1⁄4. Notice is hereby given that on Science Center, Anchorage, AK for T. 6 S., R. 5 E., B.M. section 19: lots 2, 3, 4, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, E1⁄2SW1⁄4, September 30, 1997, as authorized by amendment of the permit (PRT–801652) NW1⁄4SE1⁄4. the provisions of the Marine Mammal for the purposes of scientific research of Protection Act of 1972, as amended (16 walrus (Odobenus rosmarus). The area described above aggregates 363.74 U.S.C. 1361 et seq.) the Fish and Notice is hereby given that on October acres in Owyhee County. Wildlife Service authorized the 1, 1997, as authorized by the provisions At 9:00 a.m. on October 21, 1997, the requested permit subject to certain of the Marine Mammal Protection Act of Desert Land Entry Classifications conditions set forth therein. 1972, as amended (16 U.S.C. 1361 et identified above will be terminated. A On August 14, 1997, a notice was seq.) the Fish and Wildlife Service majority of the lands identified above published in the Federal Register, Vol. authorized the requested permit subject will remain closed to location and entry 62, No. 157, Page 43544, that an to certain conditions set forth therein. under the public land laws and the application had been filed with the Fish Documents and other information mining laws, as they are currently and Wildlife Service by Ron Brunsfeld, submitted for these applications are segregated for exchange. The only lands Northbrook, IL, for a permit (PRT– available for review by any party who which will be opened to location and 832897) to import a sport-hunted polar submits a written request to the U.S. entry are described as follows: bear (Ursus maritimus) trophy, taken Fish and Wildlife Service, Office of 1 1 prior to April 30, 1994, from the T. 6 S., R. 5 E., B.M. section 19: SW ⁄4NE ⁄4, Management Authority, 4401 North NW1⁄4SE1⁄4. Lancaster Sound population, Northwest Fairfax Drive, Rm 700, Arlington, Territories, Canada for personal use. Virginia 22203. Phone (703) 358–2104 At 9:00 a.m. on October 21, 1997, Notice is hereby given that on or Fax (703) 358–2281. these lands will be opened to operation September 24, 1997, as authorized by of the public land laws generally, Dated: October 16, 1997. the provisions of the Marine Mammal subject to valid existing rights, the Protection Act of 1972, as amended (16 Mary Ellen Amtower, provisions of existing withdrawals, and U.S.C. 1361 et seq.) the Fish and Acting Chief, Branch of Permits, Office of the requirements of applicable law. All Wildlife Service authorized the Management Authority. valid applications received at or prior to requested permit subject to certain [FR Doc. 97–27881 Filed 10–20–97; 8:45 am] 9:00 a.m., on October 21, 1997, will be conditions set forth therein. BILLING CODE 4310±55±P considered simultaneously filed at that On August 14, 1997, a notice was time. Those received thereafter will be published in the Federal Register, Vol. considered in the order of filing. 62, No. 157, Page 43544, that an DEPARTMENT OF THE INTERIOR At 9:00 a.m. on October 21, 1997, these lands will be opened to location application had been filed with the Fish Bureau of Land Management and Wildlife Service by Gerald Bader, and entry under the United States Federal Dam, MN, for a permit (PRT– [ID±933±1430±01; IDI±014917C, IDI± mining laws, subject to valid existing 832625) to import a sport-hunted polar 014461C] rights, the provisions of existing bear (Ursus maritimus) trophy, taken withdrawals, other segregations of Termination of Desert Land Entry prior to April 30, 1994, from the Foxe record, and the requirements of Classifications and Opening Order; Basin population, Northwest Territories, applicable law. Appropriation of any of Idaho Canada for personal use. the lands described above under the Notice is hereby given that on October AGENCY: Bureau of Land Management, general mining laws prior to the date 6, 1997, as authorized by the provisions Interior. and time of restoration is unauthorized. of the Marine Mammal Protection Act of ACTION: Notice. Any such attempted appropriation, 1972, as amended (16 U.S.C. 1361 et including attempted adverse possession seq.) the Fish and Wildlife Service SUMMARY: This notice terminates two under 30 U.S.C. Sec. 38, shall vest no authorized the requested permit subject Desert Land Entry Classifications on rights against the United States. Acts to certain conditions set forth therein. 363.74 acres of land in Owyhee County, required to establish a location and to On August 14, 1997, a notice was as these classifications are no longer initiate a right of possession are published in the Federal Register, Vol. needed. Most of the lands affected by governed by State law where not in 62, No. 157, Page 43544, that an these classifications will be exchanged conflict with Federal law. The Bureau of application had been filed with the Fish pursuant to Section 206 of the Federal Land Management will not intervene in 54650 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices disputes between rival locators over period would be extended 10 years past and in the associated Environmental possessory rights since Congress has the currently permitted time to 2010. Report and Oil Discharge Prevention provided for such determinations in Under the proposed expansion, these and Contingency Plan. Additional local courts. activities could continue through details about the proposed operations Dated: October 9, 1997. December 31, 2020. The Proposed are included in Federal Register Notice Jimmie Buxton, Action would increase areas of open pit, 62–FR–37881, summarizing an ARCO create an overburden storage site, and application for an Incidental Branch Chief, Lands and Minerals. expand the heap leach pad, on Harassment Authorization from the [FR Doc. 97–27713 Filed 10–20–97; 8:45 am] approximately 485 acres. Mining and National Marine Fisheries Service. BILLING CODE 4310±GG±P processing methods, and rates would Location not change. Previous permitted and DEPARTMENT OF THE INTERIOR proposed surface disturbances at the Lease Block conclusion of mining would total 1,375 Bureau of Land Management acres of the 3,910-acre project area. OCS–Y–1663 NR 06–04 7067 Molly S. Brady, (additional lease) [CACA 31137; FES 97±33] OCS–Y–1662 NR 06–04 7066 Area Manager. Notice of Availability [FR Doc. 97–27782 Filed 10–20–97; 8:45 am] EA Number: EA No. AK 97–01. FONSI Date: August 14, 1997. BILLING CODE 4310±40±P AGENCY: Bureau of Land Management, FOR FURTHER INFORMATION CONTACT: Needles Resource Area. Persons interested in reviewing ACTION: Notice of Availability for the DEPARTMENT OF THE INTERIOR environmental documents for the Castle Mountain Mine Expansion proposal listed above, or in obtaining Project, Final Environmental Impact Minerals Management Service information about EA’s and FONSI’s Statement/Environmental Impact prepared for activities on the Alaska Report. Alaska Outer Continental Shelf Region OCS, are encouraged to contact the Alaska OCS Regional office of MMS. SUMMARY: Pursuant to the National AGENCY: Minerals Management Service, The FONSI and associated EA are Environmental Policy Act of 1969, as Interior. available for public inspection between amended, and in coordination with the ACTION: Notice of the Availability of the hours of 7:45 a.m. and 4:30 p.m., County of San Bernardino in its Environmental Documents Prepared for Monday through Friday at: Minerals administration of the California Outer Continental Shelf (OCS) Mineral Management Service, Alaska OCS Environmental Quality Act as amended, Exploration Proposal on the Alaska Region, Resource Center, 949 East 36th notice is hereby given that the Bureau OCS. Avenue, Room 330, Anchorage, Alaska of Land Management (BLM) has 99508–4363, phone: (907) 271–6070 or SUMMARY: prepared, with the assistance of a third The Minerals Management (907) 271–6621 or toll free at 1–800– party consultant, a Final Environmental Service (MMS), in accordance with 764–2627. Request may also be sent to Impact Statement (EIS)/Environmental Federal regulations (40 CFR Section MMS at [email protected]. 1501.4 and Section 1506.6) that Impact Report (EIR)on the proposed SUPPLEMENTARY INFORMATION: The MMS implement the National Environmental Castle Mountain Mine Expansion prepares EA’s and FONSI’s for Policy Act (NEPA), announces the Project and has made copies available proposals which relate to exploration availability of a NEPA-related for public and agency review. The Final for oil and gas resources on the Alaska Environmental Assessment prepared by EIS/EIR addresses the potential OCS. The EA’s examine the potential the MMS for oil and gas exploration environmental impacts associated with environmental effects of activities activities proposed on the Alaska OCS. expansion and continued operation of described in the proposals and present This listing includes the only proposal an open pit heap leach gold mine in MMS conclusions regarding the for which a Finding of No Significant northeastern San Bernardino County, significance of those effects. The EA is Impact (FONSI) was prepared by the California. used as a basis for determing whether or Alaska OCS Office in the 3-month DATES: Comments on the Final EIS/EIR not approvals of the proposals period preceding this Notice. must be received no later than 4 p.m., constitute major Federal actions that November 17, 1997. Proposal significantly affect the quality of the ADDRESSES: Written comments should The proposal is for exploratory- human environment in the sense of be addressed to: George R. Meckfessel, drilling operations that would be NEPA 102(2)(C). A FONSI is prepared in U.S.D.I. Bureau of Land Management, conducted in accordance with the OCS those instances where MMS finds that Needles Resource Area, 101 West Spikes Lands Act. The purpose of the approval will not result in significant Road, Needles California 92363. Environmental Assessment (EA) is to effects on the quality of the human FOR FURTHER INFORMATION CONTACT: evaluate the probable environmental environment. The FONSI briefly George R. Meckfessel, Planning and effects of the operations, described in presents the basis for that finding and Environmental Coordinator, telephone the Exploration Plan (EP) for the ARCO includes a summary or copy of the EA. This Notice constitutes the public (760) 326–7000. Warthog No. 1 Exploration Well, dated Notice of Availability of environmental SUPPLEMENTARY INFORMATION: Viceroy July 1997. The Warthog drill site would documents required under the NEPA Gold Corporation has proposed to mine be located within Camden Bay in the regulations. additional ore adjacent to deposits Beaufort Sea, near several former drill currently being mined at the Castle sites and the Arctic National Wildlife Dated: October 14, 1997. Mountain Mine, an open-pit heap-leach Refuge. The bottom-hole location would John Goll, gold mine. Under the present operating be under adjacent State of Alaska lands Regional Director, Alaska OCS Region, permits, mining, processing and on the inner continental shelf. The Minerals Management Service. reclamation could continue through methods by which the exploratory well [FR Doc. 97–27784 Filed 10–20–97; 8:45 am] December 31, 2010. The mine operating would be drilled are detailed in the EP BILLING CODE 4310±MR±M Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54651

DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Dated: October 19, 1997. Dave Mills, Superintendent, Gates of the John A. Latschar, National Park Service Arctic National Park and Preserve, P.O. Superintendent, Gettysburg NMP/Eisenhower Box 74680, Fairbanks, Alaska 99707. NHS. Gates of Arctic National Park Phone (907) 456–0281. Subsistence Resource Commission; [FR Doc. 97–27819 Filed 10–20–97; 8:45 am] Notice of Meeting SUPPLEMENTARY INFORMATION: The BILLING CODE 4310±70±M Subsistence Resource Commissions are AGENCY: National Park Service, Interior. authorized under Title VIII, Section 808, ACTION: Subsistence Resource of the Alaska National Interest Lands DEPARTMENT OF THE INTERIOR Commission meeting. Conservation Act, Pub. L. 96–487, and operate in accordance with the National Park Service SUMMARY: The Superintendent of Gates provisions of the Federal Advisory Jimmy Carter National Historic Site of the Arctic National Park and Preserve Committees Act. Advisory Committee; Meeting and the Chairperson of the Subsistence Judith Gattlieb, Resource Commission for Gates of the Acting Regional Director, Alaska Region. Arctic National Park and Preserve AGENCY: National Park Service, Interior. [FR Doc. 97–27788 Filed 10–20–97; 8:45 am] announce a forthcoming meeting of the ACTION: BILLING CODE 4310±70±P Notice of Advisory Commission Gates of the Arctic National Park and meeting. Preserve Subsistence Resource Commission. DEPARTMENT OF THE INTERIOR SUMMARY: Notice is hereby given in The following agenda items will be accordance with the Federal Advisory discussed: National Park Service Commission Act that a meeting of the (1) Call to order. Jimmy Carter National Historic Site (2) Roll call. Gettysburg National Military Park Advisory Commission will be held at (3) Approval of minutes from April Advisory Commission 8:30 a.m. to 4 p.m., at the following 29–May 1, 1997 meeting. location and date. (4) Review agenda. AGENCY: National Park Service, Interior. (5) Superintendent’s introduction of ACTION: Notice of meeting. DATE: October 31, 1997. guests and review of Commission LOCATION: Plains High School Visitor function and staff purpose. SUMMARY: This notice sets forth the date Center/Museum, North Bond Street, (6) Superintendent’s management/ of the twenty-fourth meeting of the Plains, Georgia 31780. research reports. Gettysburg National Military Park a. Administration and management. Advisory Commission. FOR FURTHER INFORMATION, CONTACT: Mr. b. Park operations. Fred Boyles, Superintendent, Jimmy DATES: c. Resource management. The Public meeting will be held Carter National Historic Site, Route 1 d. Subsistence program. on November 20, 1997, from 7:00 p.m.– Box 800, Andersonville, Georgia 31711, (7) Public and agency comments. 9:00 p.m. (912) 924–0343 Extension 17. (8) Old business. LOCATION: The meeting will be held at a. Correspondence Gettysburg Cyclorama Auditorium, 125 SUPPLEMENTARY INFORMATION: The b. Federal Subsistence Program Taneytown Road, Gettysburg, purpose of the Jimmy Carter National update: 1997–1998 regulatory changes. Pennsylvania 17325. Historic Site Advisory Commission is to c. National Park Service Subsistence advise the Secretary of the Interior or AGENDA: Sub-Committee Reports, his designee on achieving balanced and Program document. Update on General Management Plan, d. Review of Subsistence Management accurate interpretation of the Jimmy Federal Consistency Projects Within the Carter National Historic Site. Plan (draft). Gettysburg Battlefield Historic District, (9) New business. Operational Update on Park Activities, The members of the Advisory a. Election of officers. and Citizens Open Forum. Commission are as follows: Dr. Steven b. Other park Subsistence Resource Hochman, Dr. James Sterling Young, Dr. Commission actions. FOR FURTHER INFORMATION CONTACT: Donald B. Schewe, Dr. Henry King c. Review of traditional use areas draft John A. Latschar, Superintendent, Stanford, and Dr. Barbara Fields, analysis. Gettysburg National Military Park, 97 Director, National Park Service, Ex- d. Work session: Subsistence Hunting Taneytown Road, Gettysburg, Officio member. Program. Pennsylvania 17325. The matters to be discussed at this (10) Set time and place of next SUPPLEMENTARY INFORMATION: The meeting include the status of park Subsistence Resource Commission meeting will be open to the public. Any development and planning activities. meeting. member of the public may file with the This meeting will be open to the public. (11) Adjournment. Commission a written statement However, facilities and space for DATES: The meeting will begin at 7:00 concerning agenda items. The statement accommodating members of the public p.m. on November 3, 1997 and conclude should be addressed to the Advisory are limited. Any member of the public at approximately 10:00 p.m. The Commission, Gettysburg National may file with the commission a written meeting will reconvene at 8:30 a.m. on Military Park, 97 Taneytown Road, statement concerning the matters to be November 4, 1997 and conclude at Gettysburg, Pennsylvania 17325. discussed. Written statements may also approximately 5:00 p.m. The meeting Minutes of the meeting will be available be submitted to the Superintendent at will reconvene at 8:30 a.m. on for inspection four weeks after the the address above. Minutes of the November 5, 1997 and conclude at meeting at the permanent headquarters meeting will be available at Park approximately noon. of the Gettysburg National Military Park Headquarters for public inspection LOCATION: The meeting will be held at located at 97 Taneytown Road, approximately 4 weeks after the the Community Hall, Allakaket, Alaska. Gettysburg, Pennsylvania 17325. meeting. 54652 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Dated: October 10, 1997. meeting will be open to the public. Lower Landing Archeological District Daniel W. Brown, However, facilities and space for (Boundary increas to Colonial Niagara Acting Regional Director, Southeast Region. accommodating members of the public Historic District), Lewiston, NY [FR Doc. 97–27801 Filed 10–20–97; 8:45 am] are limited. Any member of the public Dated: October 16, 1997. BILLING CODE 4310±70±M may file for consideration by the Carol D. Shull, committee written comments Chief, National Historic Landmarks Survey concerning nominations and matters to and Keeper of the National Register of Historic DEPARTMENT OF THE INTERIOR be discussed pursuant to 36 CFR part Places, National Park Service, Washington 65. Comments should be submitted to Office. National Park Service Carol D. Shull, Chief, National Historic [FR Doc. 97–27865 Filed 10–20–97; 8:45 am] Landmarks Survey, and Keeper of the BILLING CODE 4310±70±P National Landmarks Committee of National Register of Historic Places, National Park System Advisory Board National Register, History, and Meeting Education (2280), National Park Service, DEPARTMENT OF JUSTICE AGENCY: National Park Service; Interior. 1849 C Street, NW, Washington, DC 20013–7127. Notice of Lodging of Consent Decree ACTION: Notice of meeting. The nominations to be considered are: Pursuant to the Clean Water Act and SUMMARY: Notice is hereby given in ALABAMA Resource Conservation and Recovery accordance with the Federal Advisory Act Commission Act that a meeting of the Brown Chapel A.M.E. Church, Selma, Alabama In accordance with Departmental National Landmarks Committee of the policy, 28 CFR 50.7, notice is hereby Secretary of the Interior’s National Park ALASKA given that on October 8, 1997, a System Advisory Board will be held at Kake Cannery, Kake proposed Consent Decree in United 9:00 a.m. on the following date and at States v. Trustees of Boston University, the following location. ARKANSAS Civil Action No. 97–12261 PBS (D. DATE: November 5, 1997. Old State House, Little Rock Mass.), was lodged with the United LOCATION: Department of the Interior, States District Court for the District of CALIFORNIA Conference Room 7000 B, Main Interior Massachusetts resolving the matter. The Building, 1849 C Street, NW, United States Immigration Station, proposed Consent Decree concerns Washington, DC. Angel Island, Tiburon violations by the Trustees of Boston FOR FURTHER INFORMATION CONTACT: ALASKA University, of the Clean Water Act, 42 Patricia Henry, National Register, U.S.C. § 1251, et seq., and the Resource, Kake Cannery, Kake History, and Education (2280), National Conservation, and Recovery Act, 42 Park Service, 1849 C Street, NW, ILLINOIS U.S.C. § 6901, et seq. The violations alleged in the complaint include the Washington, DC 20013–7127. Farm Creek Section, East Peoria Vicinity Telephone (202) 343–8163. failure by the University to prevent spills of oil into the Charles River in SUPPLEMENTARY INFORMATION: The MARYLAND 1992 and 1996 as required by Section purpose of the meeting of the National Riversdale, Riverdale 311(b)(3) of the Clean Water Act, 42 Landmarks Committee of the Secretary U.S.C. § 1321(b)(3); the failure by the of the Interior’s National Park System NEW YORK University to prepare and implement a Advisory Board is to evaluate studies of Kate Mullany House, Troy Spill Prevention Control and historic properties in order to advise the New York State Inebriate Asylum, Countermeasures Plan as required by full National Park System Advisory Binghamton Radeau Land Tortoise, Lake George Section 311(j)(1)(c) of the Clean Water Board meeting on November 20–21, Act, 42 U.S.C. § 1321(j)(1)(c); and the 1997, of the qualifications of properties Top Cottage, Hyde Park Union Square, New York failure of the University to comply with being proposed for National Historic hazardous waste management practices Landmark (NHL) designation, and to OHIO at its Medical Campus as required by recommend to the full board those Subtitle C of the Resource, properties that the committee finds meet Cincinnati Observatory, Cincinnati Wilson Bruce Evans House, Oberlin Conservation, and Recovery Act, 42 the criteria for designation for the U.S.C. §§ 6921–6939. National Historic Landmarks Program. PENNSYLVANIA Under the terms of the Consent The members of the National Johnson House, Philadelphia Decree, the defendant will pay a total Landmarks Committee are: N.C. Wyeth House and Studio, Chadds civil penalty of $253,000 for its past Dr. Holly Anglin Robinson, Co-Chair Ford violations. In addition, the Consent Mr. Parker Westbrook, Co-Chair Decree requires the University to Mr. Peter Dangermond PUERTO RICO perform two Supplemental Dr. Shereen Lerner ANTONIO LOPEZ, Dorado Vicinity Environmental Projects. The first Project Mr. Jerry L. Rogers will involve the environmental VERMONT Dr. John Vlach restoration of a community garden in Dr. Richard Guy Wilson Rokeby, Ferrisburgh the South End/Lower Roxbury Dr. James Horton, ex officio VIRGINIA neighborhood of Boston. The second The meeting will include Project will involve the reduction of presentations and discussions on the Monument Avenue Historic District, pollutants contained in stormwater national historic significance and the Richmond runoff into the Charles River from the historic integrity of a number of Also, should the necessary waivers be University. properties being nominated for National received, the committee will be The Department of Justice will receive Historic Landmark designation. The considering an additional property: for a period of thirty (30) days from the Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54653 date of this publication comments requires DOE to fund up to four East Chicago, Indiana. The consent relating to the proposed Consent Decree. independent compliance audits of decree settles these claims in exchange Comments should be addressed to the LANL. The Decree also provided for for Inland’s commitment to comply with Assistant Attorney General of the DOE to pay CCNS’ expert and attorneys’ the Clean Water Act in the future, a civil Environment and Natural Resources fees incurred in monitoring compliance penalty of $150,000, and a supplemental Division, Department of Justice, with the Consent Decree, including environmental project consisting of spill Washington, D.C. 20530, and should monitoring the independent audits, control improvements at fueling stations refer to United States v. Trustees of pursuant to the attorneys’ fees at the Inland facility. Boston University, DOJ Ref. No. 90–7–1– provisions of the Clean Air Act. The Department of Justice will 896. On July 24, 1997, CCNS filed a receive, for a period of thirty (30) days The proposed Consent Decree may be Motion to Enforce Consent Decree, by from the date of this publication, examined at the Region 1 Office of the which CCNS sought to resolve a dispute comments relating to the proposed Environmental Protection Agency, One with DOE regarding the appropriate consent decree. Comments should be Congress Street, Boston, Massachusetts. scope of activities to monitor the first addressed to the Assistant Attorney Copies of the Consent Decree may be independent audit. CCNS and DOE have General for the Environment and examined at the Environmental reached a settlement of this motion, Natural Resources Division, Department Enforcement Section Document Center, which takes the form of a proposed of Justice, Washington, D.C. 20530, and 1120 G Street, N.W., 4th Floor, Supplemental Consent Decree. should refer to United States v. Inland Washington, D.C. 20005, (202) 624– The Department of Justice will receive Steel Company, Civil Action No. 0892. A copy of the proposed Consent written comments relating to the 2:96CV–097 JM, and the Department of Decree may be obtained in person or by proposed Supplemental Consent Decree Justice Reference No. 90–5–1–1–4282. mail from the Document Center. In for a period of 30 days from the date of The proposed consent decree may be requesting a copy, please refer to the publication of this notice. Comments examined at the Office of the United referenced case and enclose a check in should be addressed to Alan D. States Attorney, Northern District of the amount of $8.75 (25 cents per page Greenberg, U.S. Department of Justice, Indiana, 1001 Main Street, Suite A, reproduction cost for the Consent Environmental Defense Section, 999 Dyer, Indiana 46311; the Region 5 Office Decree excluding Appendices) made 18th Street, Suite 945, Denver, CO of the Environmental Protection payable to Consent Decree Library. 80202, should refer to Concerned Agency, 77 West Jackson Boulevard, Joel M. Gross, Citizens for Nuclear Safety, Inc. & Chicago, Illinois 60604–3590; and at the Section Chief, Environmental Enforcement Patrick Jerome Chavez v. United States Consent Decree Library, 1120 G Street, Section. Department of Energy & Siegfried S. N.W., 4th Floor, Washington, D.C. [FR Doc. 97–27772 Filed 10–20–97; 8:45 am] Hecker, Civil No. 94–1039 M (D.N.M.), 20005, 202–624–0892. A copy of the # BILLING CODE 4410±15±M and should also make reference to DJ proposed consent decree may be 90–5–2–1–1749A. obtained in person or by mail from the The Supplemental Consent Decree Consent Decree Library, 1120 G Street, DEPARTMENT OF JUSTICE may be examined at the Clerk’s Office, N.W., 4th Floor, Washington, D.C. Untied States District Court for the 20005. In requesting a copy, please refer Notice of Lodging of Supplemental District of New Mexico, 500 Gold to the referenced case and enclose a Consent Decree Pursuant to the Clean Avenue, 10th Floor, Albuquerque, NM check in the amount of $5.75 (25 cents Air Act 87102 or at the Los Alamos National per page reproduction costs), payable to Laboratory Reading Room, 1350 Central In accordance with the Clean Air Act, the Consent Decree Library. Avenue, Suite 101, Los Alamos, NM 42 U.S.C. § 7413 (g), and Departmental Joel M. Gross, 87544, ph. (505) 665–2122 or (800) 343– Policy, 28 CFR § 50.7, notice is hereby Chief, Environmental Enforcement Section, 2342. given that a proposed Supplemental Environmental and Natural Resources Consent Decree in Concerned Citizens Letitia J. Grishaw, Division. for Nuclear Safety, Inc. & Patrick Jerome Chief, Environmental Defense Section, [FR Doc. 97–27774 Filed 10–20–97; 8:45 am] Chavez v. United States Dep’t of Energy Environmental and Natural Resources BILLING CODE 4410±15±M & Siegfried S. Hecker, Civil No. 94–1039 Division. M (D.N.M.), was lodged with the United [FR Doc. 97–27770 Filed 10–20–97; 8:45 am] States District Court for the District of BILLING CODE 4410±15±M DEPARTMENT OF JUSTICE New Mexico on September 26, 1997. Notice of Lodging of Settlement Final approval and entry of the DEPARTMENT OF JUSTICE Pursuant to the Comprehensive proposed Supplemental Consent Decree Environmental Response, are subject to the requirements of Notice of Lodging of Consent Decree Compensation, and Liability Act Section 113(g) of the Clean Air Act, 42 Pursuant to the Clean Water Act U.S.C. § 7413(g), and the provisions of In accordance with Department 28 CFR § 50.7. In accordance with departmental policy, 28 CFR § 50.7, notice is hereby In this case, Plaintiffs CCNS and policy, 28 CFR § 50.7, notice is hereby given that on September 25, 1997, a Patrick Chavez filed suit against given that a proposed consent decree in proposed Consent Decree in Tex Tin Defendants alleging that Los Alamos United States v. Inland Steel Company, Corp. v. United States, Civil Action No. National Laboratory (‘‘LANL’’) is not in Civil Action No. 2:96CV–097 JM, was G–96 247, consolidated with Amoco full compliance with the national lodged on September 4, 1997 with the Chemical Co. v. United States, et al., emission standard for radionuclides at United States District Court for the Civil Action No. G–96–272 (S.D. Tex., DOE facilities, set forth at 40 CFR Northern District of Indiana. The Galveston), was lodged with the U.S. 61.90–61.97 (‘‘Subpart H’’). On March proposed consent decree settles pending District Court for the Southern District 20, 1997, the court entered a Consent Clean Water Act claims against Inland of Texas, Galveston Division. The Decree resolving Plaintiffs’ claims. One Steel Company in connection with its United States filed counterclaims of the provisions of the Consent Decree Harbor Works steelmaking facility in against Tex Tin Corp. and Amoco 54654 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Chemical Co. in these consolidated Washington, D.C. 20005. In requesting a (25 cents per page reproduction cost) actions pursuant to Section 107(a) of the copy, please enclose a check in the payable to the Consent Decree Library. Comprehensive Environmental amount of $5.50 ($0.25 per page for Bruce M. Gelber, Response, Compensation, and Liability reproduction costs) payable to: Consent Deputy Chief, Environmental Enforcement Act, as amended (‘‘CERCLA’’), 42 U.S.C. Decree Library. Section, Environment and Natural Resources § 9607(a) for recovery of costs incurred Joel Gross, Division. and to be incurred for response actions Chief, Environmental Enforcement Section, [FR Doc. 97–27771 Filed 10–20–97; 8:45 am] responding to the release or threat of Environment & Natural Resources Division. BILLING CODE 4410±15±M release of hazardous substances at the [FR Doc. 97–27773 Filed 10–20–97; 8:45 am] Text Tin Superfund Site (‘‘Site’’) in BILLING CODE 4410±15±M Texas City, Texas. This Consent Decree MARINE MAMMAL COMMISSION resolves the United States claims against Amoco Chemical Company, Amoco Oil DEPARTMENT OF JUSTICE Sunshine Act Meeting Company and Amoco Corporation (collectively ‘‘Amoco’’) for CERCLA Proposed Consent Decree; World TIME AND DATE: The Marine Mammal response costs at the Site. Color Press, Inc. Commission and its Committee of Amoco owns 27.33 acres (‘‘Area H’’) Scientific Advisors on Marine Mammals of the 210-acre Site, which Amoco Under 28 CFR 50.7 notice is hereby will meet in executive session on purchased after disposal activities had given that on October 3, 1997, a Tuesday, November 18, 1997 from 8:45 ceased. With respect to the Site proposed consent decree in United a.m. to 9:45 a.m. The public sessions of exclusive of Area H, Amoco is a de States v. World Color Press, Inc., Civil the Commission and the Committee minimis generator potentially Action No. 96–CV–1804 was lodged meeting will be held on Tuesday, responsible party. The proposed with the United States District Court for November 18, from 10:00 a.m. to 6:00 settlement recognizes that Amoco has the Northern District of Illinois. p.m., on Wednesday, November 19, performed the Remedial Investigation/ In this action the United States sought from 8:30 a.m. to 6:30 p.m., and on Feasibility study for the Site, and will injunctive relief and a civil penalty Thursday, November 20, from 9:00 a.m. clean up Area H under a Voluntary against World Color Press’ Alden to 1:00 p.m. Printing Facility, located in Elk Grove, Cleanup Program (‘‘VCP’’) Response PLACE: The Fairbanks Princess Hotel, Action Work Plan with the state of Illinois, to bring it into compliance with 4477 Pikes Landing Road, Fairbanks, Texas which will include construction requirements in its permit to control Alaska, 99709. and limit emissions of volatile organic of a soil cover over Area H, installation STATUS: The executive session will be of a subsurface barrier wall, and materials (‘‘VOMs’’) for its printing presses. Following filing of the closed to the public. At it, matters continued monitoring of the network of relating to personnel, the internal groundwater wells. complaint, but before settling the litigation, World Color complied with practices of the Commission, and With respect to Area H, the Consent international negotiations in process Decree provides Amoco with a covenant the United States Environmental Protection Agency’s request to replace will be discussed. All other portions of not to sue under Sections 106 and 107 the meeting will be open to public of CERCLA only if the Environmental condenser recovery systems with an afterburner at the Alden Facility to observation. Public participation will be Protection Agency issues a written allowed as time permits and it is determination that the cleanup, as control VOM emissions from certain printing presses. The Consent Decree determined to be desirable by the implemented, is protective of human Chairman. health and the environment within the requires World Color to pay a civil meaning of Section 121 of CERCLA. The penalty of $250,000, and to comply with MATTERS TO BE CONSIDERED: The Consent Decree provides Amoco with a the Clean Air Act in all respects. Commission and Committee will meet de minimis party covenant not to sue for The Department of Justice will receive in public session to discuss a broad the remainder of the Site. Amoco comments on the Consent Decree for a range of marine mammal matters. The reserves contribution claims against the period of thirty (30) days from the date focus of the meeting, however, will be United States. of this publication. Comments should be on Arctic issues and on those marine The Department of Justice will receive addressed to the Assistant Attorney mammal species that occur in Alaska. for a period of thirty (30) days from the General of the Environment and Natural While subject to change, major issues date of this publication comments Resources Division, Department of that the Commission plans to consider concerning the proposed Consent Justice, Washington, D.C. 20530, and at the meeting include: marine mammal Decree. Comments should be addressed should refer to United States v. World co-management agreements; domestic to the Assistant Attorney General of the Color Press, Inc., D.J. Ref. 90–5–2–1– and international polar bear and walrus Environment and Natural Resources 1984. programs; research and management Division, U.S. Department of Justice, The C.B. may be examined at the issues related to bowhead whales, Washington, D.C. 20530, and should Office of the United States Attorney, 219 Steller sea lions, harbor seals, North refer to Amoco Chemical Co. v. United S. Dearborn St., Room 12000, Chicago, Pacific fur seals, and sea otters; the States, et al., D.J. ref. 90–11–3–1669. Illinois 60604, at U.S. EPA Region 5, 77 Arctic Environmental Protection The proposed Consent Decree may be West Jackson, Air & Radiation Division, Strategy; the Arctic Council; marine examined at the Region 6 Office of the Chicago, Illinois 60604, and at the mammal programs of the Russian United States Environmental Protection Consent Decree Library, 1120 G Street, Federation; the Bering Sea ecosystem; Agency, 1445 Ross Avenue, Dallas, N.W., 4th Floor, Washington, D.C. 2005, Hawaiian monk seals; and West Indian Texas 75202 and at the Consent Decree (202) 624–0892. A copy of the C.D. may manatees. Library, 1120 G Street, N.W., 4th Floor, be obtained in person or by mail from CONTACT PERSON FOR MORE INFORMATION: Washington, D.C. 20005. A copy of the the Consent Decree Library, 1120 G John R. Twiss, Jr., Executive Director, proposed Decree may be obtained in Street, N.W., 4th Floor, Washington, Marine Mammal Commission, 4340 person or by mail from the Consent D.C. 20005. In requesting a copy, please East-West Highway, Room 905, Decree Library, 1120 G Street, N.W., enclose a check in the amount of $2.50 Bethesda, MD, 20814, 301/504–0087. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54655

SUPPLEMENTARY INFORMATION: This is a 12:00 p.m. to 5:00 p.m. To review and proposed merger between DQE, Inc. and second notice of the Commission’s 1997 evaluate Developmental Neuroscience Allegheny Power System, Inc. meeting and does not constitute any proposals as part of the selection process for (Allegheny Power). DQE, Inc. is the significant change in the scheduling, awards. parent holding company of Duquesne Reason for Closing: The proposals being Light Company (Duquesne Light). location, or agenda of the meeting as reviewed include information of a originally published in the September proprietary or confidential nature, including Duquesne Light, The Cleveland Electric 29, 1997 notice (62 FR 50964). technical information; financial data, such as Illuminating Company (CEI), The Dated: October 15, 1997. salaries; and personal information Toledo Edison Company, Centerior concerning individuals associated with the Service Company (CSC), OES Nuclear, John R. Twiss, Jr., proposals. These matters are exempt under 5 Inc., Ohio Edison Company, and Executive Director. U.S.C. 552b(c) (4) and (6) of the Government Pennsylvania Power Company are [FR Doc. 97–27890 Filed 10–16–97; 4:42 pm] in the Sunshine Act. holders of Facility Operating License BILLING CODE 6820±31±M Dated: October 16, 1997. No. NPF–58, dated November 13, 1986. M. Rebecca Winkler, Facility Operating License No. NPF–58 Committee Management Officer. authorizes the holders to possess the NATIONAL ARCHIVES AND RECORDS [FR Doc. 97–27827 Filed 10–20–97; 8:45 am] Perry Nuclear Power Plant, Unit No. 1 ADMINISTRATION BILLING CODE 7555±01±M (PNPP), and authorizes CEI and CSC to use and operate PNPP in accordance Advisory Committee on Presidential with the conditions and requirements Libraries Meeting set forth in the operating license. By NATIONAL TRANSPORTATION letter dated August 1, 1997, the Notice is hereby given that the SAFETY BOARD Commission was informed that DQE, Advisory Committee on Presidential Inc. and Allegheny Power have entered Libraries will meet on Wednesday, Sunshine Act Meeting into a merger agreement which will November 5, 1997, from 9 a.m. to 12 result in DQE, Inc. becoming a wholly- noon, in the Conference Room of the Time: 9:30 a.m., Tuesday, October 28, owned subsidiary of Allegheny Power, Bush Presidential Library, 1000 George 1997. and thus the indirect transfer of control Bush Drive West, College Station, Texas. Place: The Board Room, 5th Floor, of the interest held by Duquesne Light The agenda for the meeting will be the 490 L’Enfant Plaza, SW., Washington, in the Perry operating license to Presidential library programs and a DC. 20594. Allegheny Power, which will be discussion of future Presidential Status: Open. renamed Allegheny Energy, Inc. libraries. Matters to be Discussed: 6921 Railroad Accident Report: (Allegheny Energy). The meeting will be open to the According to the application, the public. For further information, call Derailment of Union Pacific Railroad Unit Freight Train 6205 merger will have no adverse effect on David F. Peterson at (301) 713–6050. either the technical management or West, near Kelso, California, Dated: October 17, 1997. operation of PNPP since CEI and CSC, January 12, 1997. Mary Ann Hadyka, responsible for the operation and NEWS MEDIA CONTACT: Telephone: (202) Committee Management Officer. maintenance of PNPP, are not involved 314–6100. [FR Doc. 97–27935 Filed 10–20–97; 8:45 am] in the merger. The Toledo Edison FOR MORE INFORMATION CONTACT: Ray Company, Ohio Edison Company, OES BILLING CODE 7515±01±P Smith, (202) 314–6064. Nuclear, Inc., CEI, CSC, and Dated: October 17, 1997. Pennsylvania Power Company will Ray Smith, remain licensees responsible for their NATIONAL SCIENCE FOUNDATION possessory interests and related Alternate Federal Register Liaison Officer. obligations. No direct transfer of the Advisory Panel for Neuroscience; [FR Doc. 97–28022 Filed 10–17–97; 3:45 pm] Notice of Meeting license will result from the merger. BILLING CODE 7533±01±M Pursuant to 10 CFR 50.80, the Name: Advisory Panel for Neuroscience Commission may consent to the transfer (1158). of control of a license after notice to Date and Time: November 6–7, 1997; 9:00 NUCLEAR REGULATORY interested persons. Such consent is a.m. to 5:00 p.m. COMMISSION contingent upon the Commission’s Place: Room 680, 4201 Wilson Boulevard, determination that the holder of the Arlington, VA. The Cleveland Electric Illuminating license following the transfer is Type of meeting: Part-Open. Company, Toledo Edison Company, qualified to hold the license and that the Contact person: Dr. Susan F. Volman, Centerior Service Company, Duquesne transfer is otherwise consistent with Program Director, Developmental Light Company, OES Nuclear, Inc., Neuroscience, Division of Integrative Biology applicable provisions of law, and Neuroscience, Suite 685, National Ohio Edison Company, and regulations, and orders of the Science Foundation, 4201 Wilson Blvd., Pennsylvania Power Company Perry Commission. Arlington, VA 22230 Telephone: (703) 306– Nuclear Power Plant, Unit No. 1; Notice For further details with respect to this 1424. of Consideration of Approval of proposed action, see the application Purpose of Meeting: To provide advice and Application Regarding Proposed from Duquesne Light dated August 1, recommendations concerning proposals Corporate Restructuring 1997. The August 1, 1997, application is submitted to NSF for financial support. available for public inspection at the Minutes: May be obtained from the contact [Docket No. 50±440] Commission’s Public Document Room, person listed above. Agenda: Open Session: November 7; 11:00 Notice is hereby given that the U.S. the Gelman Building, 2120 L Street, a.m. to 12:00 p.m., to discuss goals and Nuclear Regulatory Commission (the NW., Washington, DC 20555, and at the assessment procedures. Closed Session: Commission) is considering approval, local public document room located at November 6; 9:00 a.m. to 5:00 p.m.; by issuance of an order under 10 CFR the Perry Public Library, 3753 Main November 7, 9:00 a.m. to 11:00 a.m., and 50.80, of an application concerning a Street, Perry, Ohio 44081. 54656 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Dated at Rockville, Maryland, this 10th day Issued at Rockville, Maryland, this 15th petition for leave to intervene is filed by of October 1997. day of October 1997. the above date, the Commission or an For the Nuclear Regulatory Commission. B. Paul Cotter, Jr., Atomic Safety and Licensing Board, Douglas V. Pickett, Chief Administrative Judge, Atomic Safety designated by the Commission or by the Senior Project Manager, Project Directorate and Licensing Board Panel. Chairman of the Atomic Safety and III–3, Division of Reactor Projects III/IV, Office [FR Doc. 97–27878 Filed 10–20–97; 8:45 am] Licensing Board Panel, will rule on the of Nuclear Reactor Regulation. BILLING CODE 7590±01±P request and/or petition and the [FR Doc. 97–27876 Filed 10–20–97; 8:45 am] Secretary or the designated Atomic BILLING CODE 7590±01±P Safety and Licensing Board will issue a NUCLEAR REGULATORY notice of hearing or an appropriate COMMISSION order. NUCLEAR REGULATORY [Docket No. 50±22] As required by 10 CFR 2.714, a COMMISSION petition for leave to intervene shall set Notice of Proposed Issuance of a forth with particularity the interest of [Docket No. IA 97±070, ASLBP No. 98±734± License Amendment and an Order the petitioner in the proceeding, and 01±EA] Authorizing Disposition of Component how that interest may be affected by the Parts Termination of Facility License results of the proceeding. The petition Magdy Elamir, M.D.; Establishment of and Opportunity for Hearing; Waltz Mill should specifically explain the reasons Atomic Safety and Licensing Board Test Reactor why intervention should be permitted with particular reference to the Pursuant to delegation by the The U.S. Nuclear Regulatory following factors: (1) the nature of the Commission dated December 29, 1972, Commission (the Commission) is petitioner’s right under the Act to be published in the Federal Register, 37 considering issuance of a license made a party to the proceeding; (2) the F.R. 28710 (1972), and Sections 2.105, amendment and an order authorizing nature and extent of the petitioner’s 2.700, 2.702, 2.714, 2.714a, 2.717, 2.721, the Westinghouse Electric Corporation property, financial, or other interest in and 2.772(j) of the Commission’s (the licensee) to dismantle the Waltz the proceeding; and (3) the possible Regulations, all as amended, an Atomic Mill Test Reactor facility and dispose of effect of any order which may be Safety and Licensing Board is being the component parts, and termination of entered in the proceeding on the established to preside over the following Facility License No. TR–2, in petitioner’s interest. The petition should proceeding. accordance with the licensee’s also identify the specific aspect(s) of the application dated July 31, 1997. MAGDY ELAMIR, M.D. subject matter of the proceeding as to The license amendment would be which petitioner wishes to intervene. Order Superseding Order Prohibiting issued following the Commission’s Any person who has filed a petition for Involvement in NRC-Licensed Activities review and approval of the licensee’s (Effective Immediately) leave to intervene or who has been detailed plan for removal of the reactor admitted as a party may amend the IA 97–070 vessel internal contents, the reactor petition without requesting leave of the In accordance with 10 C.F.R. § 202, vessel, the biological shield, and Board up to fifteen (15) days prior to the this Board is established as a result of disposal of radioactive components. The first prehearing conference scheduled in the petitioner, Dr. Magdy Elamir, license amendment would authorize the proceeding, but such an amended President of Newark Medical implementation of the approved plan. petition must satisfy the specificity Associates, P.A., requesting a hearing on Following completion of the authorized requirements described above. a September 15, 1997, NRC Order. The activities and verification by the Not later than fifteen (15) days prior Order prohibits Dr. Elamir from Commission that acceptable radioactive to the first prehearing conference engaging in NRC-licensed activities for contamination levels have been scheduled in the proceeding, a five years, requires him to inform the achieved, the Commission would issue petitioner shall file a supplement to the NRC of any NRC licensed entity or an order terminating the TR–2 license, petition to intervene which must entities where Dr. Elamir is involved and relicensing the remaining facility include a list of the contentions which and prohibits such involvements, and under a Special Nuclear Materials are sought to be litigated in the matter, requires him to provide a copy of the license existing at other parts of the and the bases for each contention set Order to all such NRC-licensed entities. facility at Waltz Mill. Prior to issuance forth with reasonable specificity. The Board is comprised of the of the license amendment and order, the Contentions shall be limited to matters following administrative judges: Commission will have made the within the scope of the action under findings required by the Atomic Energy consideration. A petitioner who fails to Charles Bechhoefer, Chairman, Atomic Act of 1954, as amended (the Act), and file such a supplement which satisfies Safety and Licensing Board Panel, the Commission’s regulations. these requirements with respect to at U.S. Nuclear Regulatory Commission, By November 20, 1997, the licensee least one contention will not be Washington, D.C. 20555 may file a request for a hearing with permitted to participate as a party. Dr. Peter S. Lam, Atomic Safety and respect to issuance of the subject Those permitted to intervene become Licensing Board Panel, U.S. Nuclear amendment and order, and any person parties to the proceeding, subject to any Regulatory Commission, Washington, whose interest may be affected by this limitations in the order granting leave to D.C. 20555 proceeding and who wishes to intervene, and have the opportunity to Dr. Jerry R. Kline, Atomic Safety and participate as a party in the proceeding participate fully in the conduct of the Licensing Board Panel, U.S. Nuclear must file a written petition for leave to hearing, including the opportunity to Regulatory Commission, Washington, intervene. Requests for a hearing and present evidence and cross-examine D.C. 20555 petitions for leave to intervene shall be witnesses. All correspondence, documents and filed in accordance with the A request for a hearing or a petition other materials in this proceeding shall Commission’s ‘‘Rules for Practice for for leave to intervene must be filed with be filed with the Judges in accordance Domestic Licensing Proceedings’’ in 10 the Secretary of the Commission, U.S. with 10 C.F.R. § 2.701. CFR Part 2. If a request for a hearing or Nuclear Regulatory Commission, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54657

Washington, D.C. 20555, Attention: DQE, Inc. and Allegheny Power System, impacts associated with the proposed Docketing and Service Branch, or may Inc. DQE, Inc. is the parent holding action. be delivered to the Commission’s Public company of Duquesne Light, which The proposed action will not result in Document Room, the Gelman Building, holds a license to possess an interest in a change in nonradiological plant 2120 L Street, NW., Washington, D.C. by PNPP. Duquesne Light, The Cleveland effluents and will have no other the above date. A copy of the petition Electric Illuminating Company (CEI), nonradiological environmental impact. should also be sent to the Office of the Toledo Edison Company, Centerior General Counsel, U.S. Nuclear Service Company (CSC), OES Nuclear, Accordingly, the Commission Regulatory Commission, Washington, Inc., Ohio Edison Company, and concludes that there are no D.C. 20555, and to Lisa A. Campagna, Pennsylvania Power Company are environmental impacts associated with Assistant General Counsel, Law holders of Facility Operating License this action. Department, Westinghouse Electric No. NPF–58, dated November 13, 1986. Alternatives to the Proposed Action Corporation, P.O. Box 355, Pittsburgh, Facility Operating License No. NPF–58 Pennsylvania 15230, attorney for the authorizes the holders to possess the As an alternative to the proposed licensee. PNPP, and authorizes CEI and CSC to action, the staff considered denial of the Nontimely filings of petitions for use and operate PNPP in accordance proposed action. Denial of the leave to intervene, amended petitions, with the conditions and requirements application would result in no change supplemental petitions and/or requests set forth in the operating license. By in current environmental impacts. The for hearing will not be entertained letter dated August 1, 1997, the environmental impacts of the proposed absent a determination by the Commission was informed that DQE, action and the alternative action are Commission, the presiding officer or the Inc. and Allegheny Power have entered similar. presiding Atomic Safety and Licensing into a merger agreement which will Board, that the petitioner and/or request result in the indirect transfer of control Alternative Use of Resources should be granted based upon a of the interest held by Duquesne Light This action does not involve the use balancing of the factors specified in 10 in the PNPP operating license to of any resources not previously CFR 2.714(a)(1)(i)–(v) and 2.714(d). Allegheny Power, which will be considered in the ‘‘Final Environmental For further details with respect to this renamed Allegheny Energy, Inc. Statement Related to the Operation of action, see the licensee’s application (Allegheny Energy). Perry Nuclear Power Plant, Units 1 and dated July 31, 1997, which is available According to the application, the 2,’’ dated August 1982, in NUREG–0884. for public inspection at the merger will have no adverse effect on Commission’s Public Document Room, either the technical management or Agencies and Persons Consulted 2120 L Street, NW., Washington, D.C. operation of PNPP since CEI and CSC, Dated at Rockville, Maryland, this 14th day responsible for the operation and In accordance with its stated policy, of October 1997. maintenance of PNPP, are not involved on October 1, 1997, the staff consulted For the Nuclear Regulatory Commission. in the merger. The Toledo Edison with the Ohio State official regarding Seymour H. Weiss, Company, Ohio Edison Company, OES the environmental impact of the Director, Non-Power Reactors and proposed action. The State official had Decommissioning Project Directorate, Nuclear, Inc., CEI, CSC, and Division of Reactor Program Management, Pennsylvania Power Company will no comments. Office of Nuclear Reactor Regulation. remain licensees responsible for their Finding of No Significant Impact [FR Doc. 97–27873 Filed 10–20–97; 8:45 am] possessory interests and related BILLING CODE 7590±01±P obligations. No direct transfer of the Based upon the environmental license will result from the merger. assessment, the Commission concludes The proposed action is in accordance that the proposed action will not have NUCLEAR REGULATORY with Duquesne Light’s request for a significant effect on the quality of the COMMISSION approval dated August 1, 1997. human environment. Accordingly, the [Docket No. 50±440] The Need for the Proposed Action Commission has determined not to prepare an environmental impact The Cleveland Electric Illuminating The proposed action is required to statement for the proposed action. Company, et al. Perry Nuclear Power obtain the necessary consent to the For further details with respect to the Plant, Unit No. 1; Environmental indirect transfer of the license discussed proposed action, see Duquesne Light’s Assessment and Finding of No above. According to the application, the submittal dated August 1, 1997, which Significant Impact underlying transaction is needed to create a stronger, more competitive is available for public inspection at the The U.S. Nuclear Regulatory enterprise that is expected to save over Commission’s Public Document Room, Commission (the Commission) is $1 billion in net savings over the first 10 The Gelman Building, 2120 L Street, considering approval, by issuance of an years, thereby enhancing Duquesne NW., Washington, DC, and at the local order under 10 CFR 50.80, of the Light’s financial resources to possess its public document room located at the indirect transfer of Facility Operating interests in the PNPP. Perry Public Library, 3753 Main Street, License No. NPF–58, to the extent it is Perry, Ohio 44081. held by the Duquesne Light Company Environmental Impacts of the Proposed Action Dated at Rockville, Maryland, this 15th day (Duquesne Light) for the Perry Nuclear of October 1997. Power Plant, Unit No. 1 (PNPP), located The proposed action involves For the Nuclear Regulatory Commission. in Lake County, Ohio. administrative activities unrelated to Gail H. Marcus, Environmental Assessment plant operation. The proposed action will not result in Director, Project Directorate III–3 Division of Identification of the Proposed an increase in the probability or Reactor Projects III/IV Office of Nuclear The proposed action would consent to consequences of accidents or result in a Reactor Regulation. the indirect transfer of the license with change in occupational or offsite dose. [FR Doc. 97–27875 Filed 10–20–97; 8:45 am] respect to a proposed merger between Therefore, there are no radiological BILLING CODE 7590±01±P 54658 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

NUCLEAR REGULATORY Since the final implementation date, MATTERS TO BE CONSIDERED: i.e., January 10, 1996, some confusion COMMISSION Week of October 20 has arisen concerning the regulations’ Radiography Workshop applicability to associated equipment. There are no meetings the week of Associated equipment is currently October 20. AGENCY: U.S. Nuclear Regulatory defined as, ‘‘* * * equipment that is Commission. Week of October 27—Tentative used in conjunction with a radiographic ACTION: Notice of meeting. exposure device to make radiographic Wednesday, October 29 SUMMARY: The U.S. Nuclear Regulatory exposures that drives, guides, or comes 11:30 a.m. Commission staff plans to convene a in contact with the source, (e.g., guide Affirmation Session (public meeting) public workshop to discuss issues tube, control tube, control (drive) cable, (if needed) concerning industrial radiography removable source stop, ‘‘J’’ tube and 2:00 p.m. associated equipment. The workshop collimator when it is used as an Briefing on Site Decommissioning will be held in conjunction with the exposure head.’’ In addition, in April Plan (SDMP) (public meeting) American Society for Nondestructive 1996, NRC received a Petition for (Contact: John Hickey—301–415– Testing, Inc.’s (ASNT’s), 1997 Fall Rulemaking requesting that ‘‘NRC 7234) Conference and Quality Testing Show, amend its regulations to remove Thursday, October 30 Post Conference Seminar. The issues to reference to associated equipment from be discussed include a vendor petition § 34.20 so that continued inspection and 10:30 a.m. and 1:30 p.m. for rulemaking to remove the reference enforcement of the rule would be All Employees Meetings (public to associated equipment from performed on the basis of source and meetings) on ‘‘The Green’’ Plaza radiography equipment regulations and device reviews only.’’ The objective of Area between buildings at White an NRC proposal for resolving certain this workshop is to discuss NRC’s Flint (Contact: Bill Hill—301–415– issues. The workshop will also provide understanding of the problems and 1661) an opportunity for representatives from possible solutions, and provide a forum Week of November 3 the radiography industry to comment on for an exchange of ideas between how associated equipment should be industry representatives and NRC on Tuesday, November 4 regulated. how associated equipment should be regulated. NRC anticipates that 2:00 p.m. DATE AND TIME: The workshop will meet representatives from the regulated Meeting with Commonwealth Edison on October 24, 1997, from 1:00 p.m. to industry and the equipment (public meeting) 2:30 p.m. manufacturers will be in attendance. Wednesday, November 5 ADDRESSES: The workshop will be held Conduct of the Workshop: The 9:30 a.m. at the David L. Lawrence Convention workshop will be chaired by Larry W. Briefing on Staff’s Plans for 50.59 Center, Double Tree Hotel Pittsburgh, Camper, Chief, Medical, Academic, and Regulatory Process Improvements 1000 Penn Avenue, Pittsburgh, Commercial Use Safety Branch, Office (public meeting) Pennsylvania 15222. Telephone 412– of Nuclear Material Safety and 281–3700. ASNT telephone number: Safeguards. The workshop will be 11:00 a.m. (800) 222–ASNT. conducted in a manner that will Affirmation Session (public meeting) FOR FURTHER INFORMATION CONTACT: J. expedite the orderly conduct of (if needed) Bruce Carrico, U.S. Nuclear Regulatory business. Seating will be on a first- Week of November 10 Commission, Office of Nuclear Material come, first-served basis. Safety and Safeguards, MS T8F5, There are no meetings the week of Dated at Rockville, Maryland this 14th day November 10. Washington, DC 20555, telephone (301) of October, 1997. 415–7826, e-mail [email protected]. The schedule for commission For the Nuclear Regulatory Commission. meetings is subject to change on short SUPPLEMENTARY INFORMATION: On Larry W. Camper, notice. To verify the status of meetings January 10, 1991, NRC published in the Chief Medical, Academic, and Commercial call (recording)—(301) 415–1292. Federal Register (55 FR 843) a final rule Use Safety Branch, Division of Industrial and CONTACT PERSON FOR MORE INFORMATION: revising the regulations applicable to Medical Nuclear Safety, Office of Nuclear Bill Hill (301) 415–1661. industrial radiography, 10 CFR Part 34. Material Safety and Safeguards. The revision introduced a new section, * * * * * [FR Doc. 97–27874 Filed 10–20–97; 8:45 am] The NRC Commission Meeting 10 CFR 34.20, that required licensees to BILLING CODE 7590±01±P only use radiographic exposure devices Schedule can be found on the Internet and associated equipment that comply at: http://www.nrc.gov/SECY/smj/ with criteria specified in that section. NUCLEAR REGULATORY schedule.htm Paragraph (d) of 10 CFR 34.20 provided COMMISSION * * * * * that all newly manufactured This notice is distributed by mail to radiographic exposure devices and Sunshine Act Meeting several hundred subscribers; if you no associated equipment (manufactured longer wish to receive it, or would like after January 10, 1992) acquired by NRC AGENCY HOLDING THE MEETING: Nuclear to be added to it, please contact the licensees must meet 10 CFR 34.20 Regulatory Commission. Office of the Secretary, Attn: Operations requirements (specified in American DATE: Weeks of October 20, 27, Branch, Washington, D.C. 20555 (301– National Standards Institute (ANSI), November 3, and 10, 1997. 415–1661). N432–1980). In addition, licensees were In addition, distribution of this to ensure that all equipment used in PLACE: Commissioners’ Conference meeting notice over the Internet system radiographic operations after January Room, 11555 Rockville Pike, Rockville, is available. If you are interested in 10, 1996, complies with the applicable Maryland. receiving this Commission meeting requirements. STATUS: Public and Closed. schedule electronically, please send an Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54659 electronic message to [email protected] or establish recordkeeping and reporting SECURITIES AND EXCHANGE [email protected]. requirements for approximately 143 COMMISSION * * * * * registered broker-dealers that operate [Investment Company Act Release No. Dated: October 17, 1997. certain automated trading systems 22856; 812±10632] William M. Hill, Jr. (‘‘Broker-Dealer Trading System’’ or SECY Tracking Officer, Office of the ‘‘BDTS’’). Rule 17a–23 requires any Smith Barney Muni Funds, et al.; Secretary. registered broker-dealer that sponsors a Notice of Application [FR Doc. 97–27999 Filed 10–17–97; 2:16 pm] BDTS to maintain participant, volume, October 14, 1997. BILLING CODE 7590±01±M and transaction records. Rule 17a–23 and Form 17A–23 also require system AGENCY: Securities and Exchange sponsors to submit three reports to the Commission (‘‘SEC’’). POSTAL SERVICE BOARD OF Commission and, under certain ACTION: Notice of application under GOVERNORS circumstances, to an appropriate self- section 17(b) of the Investment regulatory organization. These Company Act of 1940 (the ‘‘Act’’) for an Sunshine Act Meeting; Notification of recordkeeping requirements assist the exemption from section 17(a) of the Act. Item Added to Meeting Agenda Commission with monitoring broke- SUMMARY OF APPLICATION: Order DATE OF MEETING: October 6, 1997. dealers that operate BDTSs and with requested to allow a series of a STATUS: Closed. ensuring compliance with Rule 17a–23. registered investment company to PREVIOUS ANNOUNCEMENT: 62 FR 51169, The Commission staff estimates the acquire substantially all of the assets September 30, 1997. average number of hours necessary for and certain liabilities of another of its CHANGE: At its meeting on October 6, each BDTS sponsor to comply with Rule series. Because of certain affiliations, 1997, the Board of Governors of the 17a–23 is 46 hours annually. The total applicants may not rely on rule 17a–8 United States Postal Service voted burden is 6,542 hours annually for the under the Act. unanimously to add an item to the broker-dealers operating BDTSs, based APPLICANTS: Smith Barney Muni Funds agenda of its closed meeting held on upon past submissions. The average cost (the ‘‘Trust’’), Smith Barney Mutual that date: Compensation Issues. per hour is approximately $7.00. Funds Management Inc. (‘‘SBMFM’’), CONTACT PERSON FOR MORE INFORMATION: Therefore, the total annual cost of and Smith Barney Inc. (‘‘Smith Barney’’) Thomas J. Koerber, Secretary of the compliance for the 143 broker-dealers FILING DATES: The application was filed Board, U.S. Postal Service, 475 L’Enfant operating BDTSs is $46,046.00. on April 22, 1997, and amended on Plaza, SW., Washington, DC 20260– August 20, 1997. 1000. Telephone (202) 268–4800. Written comments are invited on: (a) HEARING OR NOTIFICATION OF HEARING: An Thomas J. Koerber, Whether the proposed collection of order granting the application will be Secretary. information is necessary for the proper issued unless the SEC orders a hearing. [FR Doc. 97–28019 Filed 10–17–97; 3:22 pm] performance of the functions of the agency, including whether the Interested persons may request a BILLING CODE 7710±12±M information shall have practical utility; hearing by writing to the SEC’s (b) the accuracy of the agency’s Secretary and serving applicants with a copy of the request, personally or by SECURITIES AND EXCHANGE estimates of the burden of the proposed collection of information; (c) ways to mail. Hearing requests should be COMMISSION received by the SEC by 5:30 p.m. on enhance the quality, utility, and clarity November 10, 1997, and should be Proposed Collection; Comment of the information to be collected; and accompanied by proof of service on Request (d) ways to minimize the burden of the applicants, in the from of an affidavit or, collection on respondents, including Upon written request, copies available for lawyers, a certificate of service. from: Securities and Exchange Commission, through the use automated collection Hearing requests should state the nature Office of Filings and Information Services, techniques or other forms of information of the writer’s interest, the reason for the Washington, DC 20549. technology. Consideration will be given request, and the issues contested. Extention: Rule 17a–23 and Form 17A–23; to comments and suggestions submitted Persons who wish to be notified of a SEC File No. 270–387; OMB Control No. in writing within 60 days of this hearing may request notification by 3235–0442. publication. writing to the SEC’s Secretary. Notice is hereby given that pursuant Please direct your written comments ADDRESSES: Secretary, SEC, 450 Fifth to the Paperwork Reduction Act of 1995 to Michael E. Bartell, Associate Street, N.W., Washington, D.C. 20549. (44 U.S.C. 3501 et seq.), the Securities Executive Director, Office of Applicants, 388 Greenwich Street, 22nd and Exchange Commission Information Technology, Securities and Floor, New York, New York 10013. (‘‘Commission’’) is soliciting comments Exchange Commission, 450 Fifth Street, Attention: Christina T. Sydor, Esq. on the collection of information summarized below. The Commission N.W. Washington, D.C. 20549. FOR FURTHER INFORMATION CONTACT: plans to submit this existing collection Dated: October 14, 1997. Kathleen L. Knisley, Staff Attorney, at (202) 942–0517, or Christine Y. of information to the Office of Margaret H. McFarland, Greenlees, Branch Chief, at (202) 942– Management and Budget for extension Deputy Secretary. and approval. 0564 (Division of Investment [FR Doc. 97–27762 Filed 10–20–97; 8:45 am] Management, Office of Investment • Rule 17a–23 and Form 17A–23 BILLING CODE 8010±01±M Company Regulation). Recordkeeping and Reporting SUPPLEMENTARY INFORMATION: The Requirements Relating to Broker-Dealer following is a summary of the Trading Systems application. The complete application Rule 17a–23 and Form 17A–23, under may be obtained for a fee at the SEC’s the Securities Exchange Act of 1934 Public Reference Branch, 450 Fifth 54660 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Street, N.W., Washington, D.C. 20549 of $5 million. There are no Class Y 10. In considering the advisability of (tel. 202–942–8090). shareholders of the Acquired Portfolio. the Reorganization Plan, the Board, 5. Class A, Class B, and Class C shares including its disinterested trustees, Applicants’ Representations of both Portfolios are sold subject to found that the Reorganization is in the 1. The Trust, a Massachusetts distribution plans adopted pursuant to best interests of each Portfolio and that business trust, is an open-end rule 12b–1 under the Act. Under their the interests of existing shareholders of management investment company respective plans, the Portfolios pay each Portfolio will not be diluted as a registered under the Act.1 The Trust Smith Barney a service fee at the annual result of the Reorganization. currently consists of nine series, rate of 0.15% of the value of each 11. The Board considered a number of including the Ohio Portfolio (the Portfolio’s average daily net assets factors in making its findings, including: ‘‘Acquired Portfolio’’) and the National attributable to each Portfolio’s Class A, (a) the terms and conditions of the Portfolio (the ‘‘Acquiring Portfolio,’’ Class B, and Class C shares. In addition, Reorganization; (b) the tax-free nature of and, collectively with the Acquired each Portfolio’s Class B and Class C the Reorganization; (c) the costs of the Portfolio, the ‘‘Portfolios’’). shares pay a distribution fee at an Reorganization to the Portfolios; (d) the 2. SBMFM is the investment adviser annual rate of 0.50% and 0.55%, compatibility of the objectives, policies, to the Portfolios. Smith Barney is the respectively, of the value of the and restrictions of the Portfolios; (e) the Trust’s distributor. As of February 28, Portfolio’s average daily net assets savings in expenses borne by 1997, Smith Barney owned 11.2% of the attributable to those shares. shareholders expected to be realized by outstanding shares of the Acquired 6. Each Portfolio pays SBMFM a the Reorganization; and (f) the potential Portfolio. SBMFM and Smith Barney are management fee at the annual rate of benefits to the Portfolios’ affiliates, both wholly-owned subsidiaries of 0.45% of the value of its average daily including SBMFM, Smith Barney, and Smith Barney Holdings Inc. net assets. SBMFM currently is waiving Holdings. (‘‘Holdings’’). this fee for the Acquired Portfolio. 12. The Board also considered that 3. On September 4, 1996, the board of 7. Both Portfolios seek a high level of combining the Portfolios should benefit trustees of the Trust (the ‘‘Board’’), income exempt from Federal income the Acquired Portfolio’s shareholders including its disinterested trustees, taxes, although the Acquired Portfolio because the much greater size of the unanimously approved the also seeks to pay its shareholders a high Acquiring Portfolio enables it to invest reorganization (the ‘‘Reorganization’’) level of income exempt from Ohio more effectively, to achieve certain described in a Plan of Reorganization personal income taxes. The other economies of scale and, in turn, (the ‘‘Reorganization Plan’’). Pursuant to investment policies and practices of the potentially to increase its operating the Reorganization Plan, the Acquiring Portfolios are substantially similar. As efficiencies and facilitate portfolio Portfolio proposes to acquire all or of February 28, 1997, the net assets of management. During the Board’s substantially all of the assets and certain the Acquired Portfolio were $7.8 consideration of the Reorganization, it liabilities of the Acquired Portfolio in million, and the net assets of the was noted that shareholders of the exchange for shares of the Acquiring Acquiring Portfolio were $385.6 million. Acquired Portfolio would no longer Portfolio based on the Portfolios’ 8. Prior to the Closing Date, the have the benefit of a fund which seeks relative net asset values. The number of Acquired Portfolio will use its best income exempt from Ohio personal full and fractional shares of the efforts to discharge all of its known income taxes. However, the Acquired Acquiring Portfolio to be issued to liabilities and obligations. On or before Portfolio was not considered to have shareholders of the Acquired Fund will the Closing Date, the Acquired Portfolio sufficient assets to justify maintaining it be determined by dividing the value of will have declared a dividend and/or as a standing alone fund, and no the Acquired Portfolio’s assets, less other distribution so that it will have potential for substantial future growth liabilities, attributable to each class of distributed all of its investment was foreseen. shares by the net asset value of one company taxable income, exempt- 13. Smith Barney will be responsible share of the same class of the Acquiring interest income, and realized net capital for the expenses incurred in connection Portfolio, computed as of the close of gain, if any, for the taxable year ending with the Reorganization, except that regular trading on the New York Stock on or prior to the Closing Date. each Portfolio will be liable for any fees Exchange, Inc. on or about the date on 9. As soon as practicable after the and expenses of its transfer agent which the closing presently is expected Closing Date, the Acquired Portfolio incurred in connection with the to occur, December 12, 1997 (the will liquidate and distribute pro rata to Reorganization and the Acquired ‘‘Closing Date’’). its shareholders of record, determined Portfolio will be liable for all fees and 4. Each Portfolio offers four classes of as of the close of business on the expenses incurred relating to its shares. Class A shares of both Portfolios Closing Date, the shares of the liquidation. The Reorganization are sold with a front-end sales charge. Acquiring Portfolio received by it expenses will include professional fees Class B and Class C shares of both pursuant to the Reorganization. The and the cost of soliciting proxies for the Portfolios are sold without a front-end liquidation and distribution will be meeting of the Acquired Portfolio sales charge but are subject to a accomplished by establishing accounts shareholders, consisting principally of contingent deferred sales charge in the names of the Acquired Portfolio printing and mailing expenses, together (‘‘CDSC’’). Classd Y shares of both shareholders, each account representing with the cost of any supplementary Portfolios are sold without an initial the respective pro rata number of shares solicitation. The Reorganization Plan sales charge or CDSC and are available of the Acquiring Portfolio due to the provides that it may be terminated by only to investors investing a minimum Acquired Portfolio shareholders. Class the Board at any time prior to the A, Class B, and Class C shareholders of Closing Date if circumstances should 1 The Trust was organized on August 14, 1985, the Acquired Portfolio will receive Class develop that, in the opinion of the under the name Test Managed Municipal Bond A, Class B, and Class C shares, Board, make proceeding with the Funds. On April 23, 1986, July 31, 1991, and July respectively, of the Acquiring Portfolio. Reorganization Plan inadvisable. If the 20, 1993, the Trust’s name was changed to The Muni Bond Funds, Smith Barney Muni Bond After the distribution and winding up of Board determines, prior to the Closing Funds, and Smith Barney Muni Funds, its affairs, the Acquired Portfolio will be Date, that proceeding with the respectively. liquidated. Reorganization would be inadvisable, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54661 the Reorganization Plan provides that an order pursuant to section 17(b) of the amended the proposed rule change on each Portfolio will bear any expenses it Act exempting them from section 17(a) May 7, 1997, and May 29, 1997. Notice has incurred incidental to the to the extent necessary to consummate of the proposal was published in the preparation and carrying out of the the Reorganization. Federal Register on September 3, 1997.2 Reorganization Plan. 4. Section 17(b) of the Act provides No comment letters were received. For 14. A registration statement on Form that the SEC may exempt a transaction the reasons discussed below, the N–14 containing a combined from the provisions of section 17(a) if Commission is approving the proposed prospectus/proxy statement has been the terms of the proposed transaction, rule change. filed with the SEC. Applicants expect to including the consideration to be paid I. Description send the prospectus/proxy statement to or received, are reasonable and fair and shareholders of the Acquired Portfolio do not involve overreaching on the part The proposal combines Delta’s in October 1997 for their approval at a of any person concerned; the proposed procedures for the clearance and meeting of shareholders scheduled to be transaction is consistent with the policy settlement of options trades (‘‘Options held on or about November 21, 1997. of each registered investment company Procedures’’) and Delta’s procedures for 15. The consummation of the concerned; and the proposed the clearance and settlement of Reorganization is subject to the transaction is consistent with the repurchase and reverse repurchase following conditions set forth in the general purposes of the Act. (‘‘repo’’) agreement transactions (‘‘Repo Reorganization Plan: (a) the 5. Applicants submit that the terms of Procedures’’) into one set of procedures shareholders of the Acquired Portfolio the Reorganization satisfy the standards entitled the Procedures for the Clearing will have approved the Reorganization set forth in section 17(b), in that the of Securities and Financial Instrument Plan; and (b) the parties will have terms are fair and reasonable and do not Transactions (‘‘Combined Procedures’’). received exemptive relief from the SEC involve overreaching on the part of any The Combined Procedures allow Delta with respect to the issues that are the person concerned. Applicants note that to integrate the processing of options subject of the application. Applicants the Board, including the disinterested and repo transactions. For example, the Combined Procedures consolidate the agree not to make any material changes trustees, has reviewed the terms of the definitions of many terms (e.g., contract, to the Reorganization Plan that affect the Reorganization as set forth in the position, and holder) to make these application without prior SEC approval. Reorganization Plan, including the terms applicable to both option and consideration to be paid or received, Applicants’ Legal Analysis repos.3 The Combined Procedures also and has found that participation in the 1. Section 17(a) of the Act generally clarify that calculations of a Reorganization is the best interests of prohibits an affiliated person of a participant’s exposure limit and the each Portfolio and that the interests of registered investment company, or any maximum potential system exposure the existing shareholders of each affiliated person of such a person, acting (‘‘MPSE’’) are determined on an Portfolio will not be diluted as a result as principal, from selling any security aggregate system-wide basis by to, or purchasing any security from the of the Reorganization. Applicants also providing for a single uniform definition company. Section 2(a)(3) of the Act note that the exchange of the Acquired of these terms and by providing in defines an ‘‘affiliated person’’ of another Portfolio’s assets and certain liabilities Section 204 of the Combined Procedures person to include any person that owns for the Acquiring Portfolio shares will that each participant agrees to conduct 5% or more of the outstanding voting be based on the Portfolio’s relative net all transactions cleared through the securities of such other person and any asset values. system within such participant’s person directly or indirectly controlling, For the SEC, by the Division of Investment exposure limit.4 controlled by, or under common control Management, under delegated authority. Similarly, Section 307 of the with such other person; or, if the other Margaret H. McFarland, Combined Procedures provides that person is an investment company, any Deputy Secretary. Delta has a security interest in all investment adviser of the investment [FR Doc. 97–27761 Filed 10–20–97; 8:45 am] money and securities of a participant as company. BILLING CODE 8010±01±M security for payment of any liability of 2. Rule 17a–8 under the Act exempts such participant to Delta arising from from the prohibitions of section 17(a) participation in the system. Upon the mergers, consolidations, or purchasers SECURITIES AND EXCHANGE occurrence of a participant default,5 or sales of substantially all of the assets COMMISSION Delta may liquidate all of a participant’s of registered investment companies that repo and options positions contained in are affiliated persons solely by reason of [Release No. 34±39236; File No. SR±DCC± the defaulting participant’s account 97±04] having a common investment adviser, through one liquidating settlement common directors/trustees, and/or Self-Regulatory Organizations; Delta account established for such participant. common officers, provided that certain Clearing Corp.; Order Granting The Combined Procedures combine the conditions are satisfied. Approval of a Proposed Rule Change margin provisions for repos and options 3. Applicants believe that they may Relating to the Combining of Options to clarify that a participant is required not rely upon rule 17a–8 because the and Repo Procedures to deposit margin based upon its Portfolios may be affiliated for reasons other than those set forth in the rule. October 14, 1997. 2 Securities Exchange Act Release No. 38971 Smith Barney owns 5% or more of the On March 17, 1997, Delta Clearing (August 26, 1997), 62 FR 46530. 3 The Combined Procedures also provide for more outstanding voting securities of the Corp. (‘‘Delta’’) filed with the Securities uniform use of the terms ‘‘repo’’ and ‘‘repurchase Acquired Portfolio. Because of this and Exchange Commission agreement.’’ ownership, the Acquiring Portfolio may (‘‘Commission’’) a proposed rule change 4 Both the exposure limit and MPSE are designed be deemed an affiliated person of an (File No. SR–DCC–97–04) pursuant to to limit Delta’s uncollateralized exposure to each affiliated person of the Acquired Section 19(b)(1) of the Securities participant. 5 1 The Combined Procedures contain a new term, Portfolio, and vice versa, for reasons not Exchange Act of 1934 (‘‘Act’’). Delta ‘‘participant default,’’ which means a payment based solely on their common adviser. default, a delivery default, a premium default, or a Consequently, applicants are requesting 1 15 U.S.C. 78s(b)(1). margin default. 54662 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices aggregate net exposure on its options Procedures which provide for sanctions Repo Procedures. For example, the positions and its term repo positions. of $100 for the first filing of a late trade waiver of suspension provisions of The Combined Procedures conform the report, $200 for any second violation Section 401 are revised to provide that Options Procedures and Repo occurring within three months of the suspension may be deferred not more Procedures by providing that margin first violation, and $300 for any than two hours in the event of a margin, deficits shown on the daily margin subsequent violation occurring within premium, or payment default and for report must be deposited at or before the three months of a prior violation. such period as Delta determines later of 11:00 a.m. or the earliest time Section 3301 of the Repo Procedures appropriate in the event of a delivery practicable following the opening of the provided that the sanction for filing a default if Delta determines that the Federal Reserve System.6 late trade report was an amount not to participant required to make delivery In many places, the Options exceed $500. has been unable to obtain the security Procedures and Repo Procedures had The Combined Procedures use the required to be delivered after a good inconsistent provisions. The Combined terms ‘‘Fed Funds’’ and ‘‘Federal faith effort and that such failure to Procedures provide uniform rules for Reserve System’’ instead of the terms deliver is not the result of a change in both transactions. For example, the ‘‘central bank funds’’ and ‘‘central bank the participant’s financial condition. proposed rule change extends certain wire system’’ used in the Repo Section 206 of the Combined requirements placed on interdealer Procedures.10 Like the Options Procedures eliminates the requirement brokers for options to interdealer Procedures, the Combined Procedures that participants deliver audited reports brokers for repos,7 and the trade provide that the suspension or of their internal accounting controls. reporting method for options is made termination of Delta’s system will not Participants will continue to be applicable to repos. Section 2202 of the affect the terms of any existing contract obligated to deliver to Delta annual Combined Procedures also incorporates absent the consent of the participant audited financial statements. for options transactions the recently which is party to such contract.11 As Under the Combined Procedures, approved rule change 8 to the Repo currently applicable for repo Delta, rather than its clearing bank, Procedures permitting participants to participants, Section 213 of the assumes the authority and obligation to deposit treasury notes and treasury Combined Procedures provides that receive, compare, and transmit trade bonds as margin and incorporating the Delta will on an annual basis send a list reports and other reports (Articles 23 schedule of applicable haircuts found in of current repo and options participants and 30); to accent trades for clearance Rule 15c3–1(c)(2)(vi)(A)(1) under the in Delta’s system to all participants. (Sections 2303 and 3003); to provide Act. Section 2204 of the Combined Under the Combined Procedures, a system software (Section 303); to Procedures provides that deposits are participant may borrow from Delta on calculate and maintain margin (Article not required if the margin deficit shown an overnight basis up to 35% of the 22); to transmit, receive, and assign on the daily margin report is $50,000 or participant’s net positive exposure on exercise notices and to accept exercise less.9 its options positions and positions in notices for clearance (Article 28); and to The Combined Procedures adopt the term repos adjusted for performance reconcile differences with participants definition of business day previously margin.12 Previously, participants could (Sections 2303 and 3003). Section 304 of the Combined applicable to options transactions, only borrow against their exposure on Procedures provides that inspection by which excludes Saturday, Sunday, a day options. Under Section 2212, if the daily Delta of participants’ records will be at on which banking institutions in New margin report shows that the participant such time as may be reasonably York City are authorized by law to close, has a net positive exposure after requested by Delta and that the scope of and any day on which government adjustment for performance margin, the such inspections will be limited to securities dealers in New York City are participant may request on or before matters related to Delta’s procedures, not open for business. The Repo 11:00 a.m. of the morning on which the the participant’s transactions in Delta’s Procedures did not exclude days on report is sent that Delta lend to it on an system, and other matters related to which government securities dealers are overnight basis cash or treasury Delta’s business. Previously, Delta’s closed. securities to the extent available to Delta right of inspection of a participant’s The Combined Procedures adopt the with a value of not more than 35% of books and records was not limited to graduated fine schedule of the Options the participant’s net positive exposure any subject matter. after adjustment for performance 6 Section 602 of the Options Procedures required the deposit of margin other than intraday additional margin. In order to make such overnight II. Discussion margin at or before the settlement time on each loans, Delta will generally transmit Section 17A(b)(3)(F) of the Act13 business day. Section 2602.1 of the Repo securities by 3:00 p.m. that day or will requires that the rules of a clearing Procedures provided for the deposit of margin other transmit funds by 5:00 p.m. that day. agency be designed to assure the than supplemental or intraday additional margin at Some provisions are revised from or before 11:00 a.m. safeguarding of securities and funds both the Options Procedures and the 7 Such provisions establish qualification which are in the custody or control of requirements for interdealer brokers, including the clearing agency or for which it is compliance with Rule 17a–23 under the Act, 10 The Repo Procedures in various places used the maintenance of books and records, and necessary terms ‘‘central bank funds’’ and ‘‘central bank wire responsible. The Commission believes operational capacity. system.’’ The use of these terms was intended to that the rule change is consistent with 8 Securities Exchange Act Release No. 37639 cover the situation where Delta had received Delta’s obligations under the Act. By (September 4, 1996), 61 FR 48186 (File No. SR– authorization to clear trades to be effected by combining its Options Procedures and DCC–96–09) (order granting approval of proposed participants through central banks other than the Repo Procedures into a single Combined rule change relating to acceptable forms of Federal Reserve. collateral). 11 The Repo Procedures provided that the Procedures manual, this rule change, 9 Section 602 of the Options Procedures provided suspension or termination of the operation of the among other things, clarifies that Delta’s that deposits of additional margin with respect to system will not affect the terms of any existing repo risk management procedures apply to margin deficits shown on the daily margin report agreement. options and repos on an aggregate basis. are not required if the amount to be deposited by 12 Performance margin represents an estimate of the participant is $5,000 or less. The Repo the net shortfall from the liquidation of a For example, the Combined Procedures Procedures in Section 2602.1 provided that deposits participant’s positions at the close of the next are not required if such amount is $50,000 or less. business day. 13 15 U.S.C. 78q–1(b)(3)(F). Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54663 provide that calculations of exposure and Financial Instrument Transactions (‘‘ARMS’’) is defined as a mortgage- limit and MPSE are to be determined on (‘‘Procedures’’) to allow DCC to clear backed security whose coupon rate is a an aggregate system-wide basis and that and settle repurchase agreements and variable rate of interest consisting of an liquidation of a participant’s positions reverse repurchase agreements (‘‘repos’’) index and a spread to such index and will be conducted through one account. in which the underlying collateral is whose underlying collateral consists of By ensuring that Delta has access to all book-entry, mortgage-based securities adjustable rate mortgages with indices of a participant’s assets held at Delta, issued by the Federal National Mortgage and spreads that parallel those of the the proposed rule change assists Delta Association (‘‘FNMA’’) or the Federal ARMS.6 in the safeguarding of securities and Home Loan Mortgage Corporation funds which are in Delta’s control or for (‘‘FHLMC’’). Currently, DCC provides B. The Clearing Process clearance and settlement services for which it is responsible. Mortgage-backed securities repo repos in which the underlying collateral III. Conclusion is a U.S. Treasury security.3 transactions involve two settlement On the basis of the foregoing, the dates. The first settlement date (‘‘on- A. Definition of Mortgage-Backed Commission finds that the proposed date’’) is the date on which one Security rule change is consistent with the participant (‘‘selling participant’’) requirements of the Act and in Under the rule change, a mortgage- delivers participant’’) in exchange for particular Section 17A of the Act and backed security 4 is defined as a book- the delivery of cash (‘‘delivery money’’) the rules and regulations thereunder. entry security which is directly issued by the purchasing participants to the It is therefore ordered, pursuant to by FNMA or FHLMC and whose selling participant. The second Section 19(b)(2) of the Act, the proposed underlying value is represented by a settlement date (‘‘off-date’’) is the date rule change (File No. SR–DCC–97–04) pool of mortgages accumulated by on which the purchasing participant be and hereby is approved. FNMA or FHLMC through its mortgage returns to the selling participant the origination program and which is For the Commission by the Division of mortgage-backed securities delivered on Market Regulation, pursuant to delegated designed to receive principal payments the on-date in exchange for the return authority.14 using a predetermined principal balance by the selling participant of the delivery Margaret H. McFarland, schedule. In addition, the following money together with interest based securities are excluded from the Deputy Secretary. upon a rate agreed to by the participants definition of mortgage-backed securities: [FR Doc. 97–27756 Filed 10–20–97; 8:45 am] (‘‘repo rate’’). DCC generally clears both (i) Securities which are issued in the on-date and off-date portion of a BILLING CODE 8010±01±M registered or bearer form and therefore repo transaction. However, there may be cannot be transferred through the Board certain repo transactions where DCC of Governors of the Federal Reserve SECURITIES AND EXCHANGE clears only the off-date portion of the System’s FedWire communication COMMISSION transaction.7 system, (ii) securities which are not [Release No. 34±39241; File No. SR±DCC± issued or guaranteed directly by FNMA 1. Execution and Reporting of Trades 97±06] or FHLMC, (iii) securities for which the underlying assets are mortgage-backed Mortgage-backed securities repo Self-Regulatory Organizations; Delta securities rather than a pool of transactions to be cleared by DCC may Clearing Corp.; Order Approving a mortgages, and (iv) notional, interest be entered into directly between the two Proposed Rule Change Relating to the only, principal only, accrual, and partial participants to a transaction and Clearance and Settlement of Mortgage- accrual securities and floaters and reported to DCC by the participants, or Backed Securities Repurchase inverse floaters.5 they may be entered into between two Agreements A mortgage-backed security may be participants through the facilities of an either a fixed rate mortgage-backed authorized broker and reported to DCC October 14, 1997. security or an adjustable rate mortgage- by the authorized broker. The terms of On April 7, 1997, the Delta Clearing backed security. A fixed rate mortgage- the mortgage-backed securities repo Corp. (‘‘DCC’’) filed with the Securities backed security is defined as a transactions will be agreed to by the and Exchange Commission mortgage-backed security whose coupon participants prior to the submission of (‘‘Commission’’) the proposed rule rate is a fixed rate of interest. An change (File No. SR–DCC–97–06) adjustable rate mortgage-based security 6 pursuant to Section 19(b)(1) of the Sample indices include: (1) The CD rate, which is the weekly average of secondary market interest Securities Exchange Act of 1934 3 According to DCC, the market for repo rates on six month negotiable certificates of deposit (‘‘Act’’).1 On May 12, May 29, June 18, transactions in mortgage-backed securities is as published by the Federal Reserve Board in its and July 9, 1997, DCC amended the estimated to be approximately 25% to 40% of the Statistical Release H. 15 (519), Selected Interest proposed rule change. Notice of the size of of the market for repo transactions in Rates; (ii) the LIBOR rate, which is a rate which Treasury securities. DCC also states that this banks charge others banks for U.S. dollar deposits proposal was published in the Federal estimate suggests that the outstanding notional size outside the United States for a specified period; (iii) Register on July 30, 1997.2 No comment of the market is between $250 billion to $400 the 11th District cost of funds index, which is the letters were received. For the reasons billion with daily turnover at 10% of the notional index made available monthly by the Federal Home discussed below, the Commission is size. For a description of DCC’s procedures Loan Bank Board of the cost of funds to members regarding the clearance and settlement of repos on of the Federal Home Loan Bank 11th District; and approving the proposed rule change. Treasury securities, refer to Securities Exchange Act (iv) the Treasury index, which is the weekly average Release No. 36367 (October 13, 1997), 60 FR 54095 yield of the benchmark Treasury securities as I. Description [File No. SR–DGOC–94–06] (order approving published by the Federal Reserve Bank. A sample The proposal amends DCC’s implementation of new procedures allowing for the ARMS could bear interest at LIBOR plus 50 basis Procedures for the Clearing of Securities clearance and settlement of repos on Treasury points with LIBOR adjusting periodically as Securities). specified by the terms of the security. 4 The Procedures refer to mortgage-backed 7 These transactions are referred to the Procedures 14 17 CFR 200.30–3(a)(12). securities as ‘‘mortgage securities.’’ as novated repos. Securities Exchange Act Release 1 15 U.S.C. 78s(b)(1). 5 For the definitions of these terms, refer to No. 39065 (September 12, 1997), 62 FR 49547 [File 2 Securities Exchange Act Release No. 38868 (July Schedule A of DCC’s filing which is attached as No. SR–DCC–97–03] (order approving proposed 23, 1997), 62 FR 40872. Exhibit A. rule change). 54664 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices trade reports to DCC.8 There is an facsimile with the participants to the to the close of the FedWire system or existing practice among mortgage- transaction. the receiving participant does not accept backed security traders in which the all of the mortgage-backed securities on 2. Acceptance of Trades parties to a transaction may agree to a the settlement date by one half-hour trade amount subject to the right of the DCC will be deemed to have accepted after the close of the FedWire system, delivering party to adjust the amount of a transaction for clearance when DCC DCC has the option to buy-in or sell-out the trade by over-delivering mortgage- has matched and verified all the the securities with the cost of buy-in or backed security collateral within a information on the trade reports. sell-out being charged to the defaulting specified percentage of the amount However, DCC may reject any participant. If DCC effects a buy-in or initially agreed to by the parties (i.e., transaction if it causes a participant to sell-out, DCC will give the defaulting variance). DCC requires that such exceed its exposure limit 9 of if the participant written notice of the buy-in adjustments be made prior to the participant has been suspended from or sell-out which will describe the submission of trade reports to DCC and DCC’s clearing system. If a transaction is security, quantity, and price. be reflected in the trade reports accepted by DCC, DCC will interpose submitted to DCC. itself as the counterparty to both sides 4. Netting Mortgage-backed securities repo of the transaction. Therefore, for any As a general rule, repo transactions in transactions with an on-date later than mortgage-backed securities repo mortgage-backed securities will be the trade date will need to be reported transactions, DCC will assume the cleared on a delivery versus payment to DCC prior to 6:00 p.m. on the trade position of the purchasing participant basis. Therefore, the delivery of date. Mortgage-backed securities repo with respect to the selling participant mortgage-backed securities will be transactions with an on-date on the and assume the position of the selling required on settlement date. However, if trade date will need to be reported to participant with respect to the a participant has a repo and reverse repo DCC: (i) Within one-half hour after the purchasing participant. Prior to 8:00 agreement with the same underlying transaction occurs if the transaction a.m. each business day, participants will collateral and the same on-date or off- occurs prior to 1:30 p.m.; (ii) within five receive a written activity report date, as applicable, the participant’s minutes after the transaction occurs if indicating such participant’s payment and delivery obligations with the transaction occurs between 1:30 transactions which were accepted by respect to such agreements will be p.m. and 2:15 p.m.; and (iii) as soon as DCC the previous business day and netted. Payment obligations for such possible but in no event later than five indicating all transactions due to settle transactions including repo interest will minutes after the transaction if the that day. also be netted. transaction occurs after 2:15 p.m. Section 2207 of DCC’s Procedures With respect to mortgage-backed 3. Clearing and Failures to Deliver or securities repo transactions entered into Receive requires the purchasing participant to directly between two participants, each forward coupon interest with respect to The details of each transaction U.S. Treasury securities or mortgage- participant will forward a trade report to accepted by DCC will be sent to DCC’s DCC. If DCC does not receive a trade backed securities to DCC absent an clearing bank. Each participant will agreement of the parties to the contrary, report from one of the participants to need to maintain a bank account in one the transaction, DCC will contact that and upon receipt, DCC will forward the or more correspondent banks for margin coupon interest to the selling participant within one half-hour of and trade settlements. Because the receipt of the trade report to confirm the participant. In the event that repo mortgage-backed securities which DCC interest on a repo transaction is due terms of the trade reported by the other proposes to clear repos must be participant. When DCC receives trade from the selling participant on the same maintained in book-entry accounts at day that coupon interest with respect to reports from both participants, it will Federal Reserve Banks and will be match the two trade reports. In order for the same transaction is required to be delivered through the FedWire, the paid by the purchasing participant, such a transaction to be accepted for selected correspondent bank must be a clearance, the details of the trade reports payments will be netted. If repo interest depository institution with access to the has accrued but is not yet due with for the transaction must agree. If the FedWire. details of the trade reports do not match, respect to a transaction, payments of DCC has established delivery cut-off coupon interest which are received by DCC will contact the parties regarding times. For example, the selling the transaction. Matching of mortgage- the purchasing participant will not be participant on the on-date of a mortgage- netted against repo interest; instead, the backed securities repo transactions will backed securities repo transactions and be done continuously throughout the coupon interest will be forwarded to the purchasing participant on the off- DCC and then to the selling participant. day and at the close of each trading day date of a mortgage-backed securities Unlike U.S. Treasury securities, at 2:30 p.m. All trade reports received repo transaction must deliver mortgage- mortgage-backed securities involve through an authorized broker will be backed securities to the clearing bank principal payments as well as payments confirmed by DCC either orally or via against payment no later than one of coupon interest. DCC’s Procedures minute prior to the close of the FedWire 8 provide that principal payments, like The trade reports for each mortgage-backed system for delivery of securities on the securities repo transaction must set forth the coupon payments, will be forwarded by settlement date. The clearing bank will identity of the parties to the transaction, including the purchasing participant upon receipt which party is the selling participant and which redeliver such securities to the to DCC and then forward by DCC to the party is the purchasing participant; the CUSIP purchasing participant on the on-date or number or numbers for the mortgage-backed selling participant. In the event that a the selling participant on the off-date. securities being delivered in connection with the principal payment on a mortgage- If the delivering participant fails to repo transaction; the par amount of the securities backed security is received by the being delivered; the delivery money being delivered deliver mortgage-backed securities on purchasing participant on the same date by the purchasing participant; the trade date and the settlement date by one minute prior time; the on-date and off-date for the transaction; on which a payment of repo interest is and any details relating to any rights of substitution, due from the selling participant with including the number of rights of substitution to be 9 A participant’s exposure limit is the limit permitted and any restrictions on rights of prescribed for each participant by DCC based on the respect to a repo transaction on such substitution. incremental margin due to DCC by the participant. mortgage-backed security, the principal Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54665 payment and the repo interest payments backed securities. For example, DCC York time on the day of the proposed will be netted. will to treat repo transaction in substitution. mortgage-backed securities where the C. Margin II. Discussion underlying collateral are FNMA and DCC has adapted its existing FHLMC securities with original stated Section 17A(b)(3)(F) of the Act and margining methodology for U.S. maturities of thirty years as equivalent the rules and regulations thereunder Treasury security repos to incorporate to ten year U.S. Treasury securities. require that the rules of a clearing exposures from mortgage-backed When the underlying collateral are agency be designed to promote the securities repo transactions. Under FNMA and FHLMC securities with prompt and accurate clearance and DCC’s current margin system,10 every original stated maturities of fifteen settlement of securities transactions and participant is obligated to maintain a years, DCC will treat these repo to remove impediments to and perfect margin account for the benefit of DCC at transactions as equivalent to five year the mechanism of a national system for DCC’s clearing bank. Margin will be U.S. Treasury securities. Finally, DCC the prompt and accurate clearance and calculated every business day using a will treat repo transaction in ARMS as settlement of securities transactions. generally available source of mortgage- equivalent to one year U.S. Treasury The Commission believes that DCC’s backed security prices. With respect to securities.13 proposed clearance system will assist in term repos, margin will be based on a the development of the national mark-to-market amount and an amount E. Substitution of Mortgage-Backed clearance and settlement system by based on an estimated shortfall from the Securities as Underlying Collateral providing a clearance mechanism for liquidation of positions on the next day. transactions that are currently settled The proposed rule change establishes For overnight repos, margin will be outside the facilities of a registered rights of substitution for both repos on based on an intraday mark-to-market clearing agency. These trades may U.S. Treasury securities and for amount. benefit from DCC’s margining and other mortgage-backed securities. The right of risk reduction procedures which should D. Exposure Limits and MPSE for a selling participant to substitute decrease the likelihood of failure to Mortgage-Backed Securities underlying collateral is subject to settle. Furthermore, the number of various conditions and restrictions. For The definition of maximum potential securities movements may be reduced repo transactions in U.S. Treasury system exposure (‘‘MPSE’’) is revised to because of DCC’s netting of transactions. securities, the following requirements provide that with respect to positions in This should result in increased apply: (i) A Treasury note or a Treasury repo transactions, the MPSE for the efficiency and promote the prompt and bond may be substituted for another DCC’s clearance and settlement system accurate clearance and settlement of Treasury note or Treasury bond; (ii) a shall include net exposure in mortgage- mortgage-backed repo transactions. The Treasury bill may be substituted for a backed securities adjusted to reflect a Commission therefore believes that the Treasury bill; and (iii) a Treasury note hypothetical adverse movement in the proposed rule change is consistent with or Treasury bond may not be substituted aggregate of six standard deviations in the Act. market prices of mortgage-backed for a Treasury bill, and a Treasury bill Because of the novelty and securities.11 The standard deviation is may not be substituted for a Treasury complexity of clearing repos on U.S. based upon the volatility represented by note or Treasury bond. For mortgage- Treasury securities, the Commission the greatest of the following three backed securities repo transactions, the initially limited the average principal amounts: (i) The standard deviation of following requirements apply: a fixed amount of outstanding repos on U.S. equivalent U.S. Treasury securities for rate mortgage-backed security may be Treasury securities in DCC’s system the period of 100 consecutive trading substituted for a fixed or floating rate over a ten day moving period to $45 mortgage-backed security, but a floating days ending on February 19, 1980, (ii) billion.14 With this limitation, the rate mortgage-backed security may only the standard deviation of equivalent Commission found that DCC has the be substituted for a floating rate U.S. Treasury securities for any capacity to facilitate the prompt and mortgage-backed security. subsequent period of 100 consecutive accurate clearance and settlement of trading days, and (iii) the standard In addition to the foregoing repo transactions in U.S. Treasury deviation of mortgage-backed securities requirements, substitution is subject to securities in a safe and sound manner. during any period of 100 consecutive any restrictions on substitution which Since the Commission’s approval, DCC trading days subsequent to January 1, have been agreed to by the parties at the has implemented several enhancements 12 1990. time of the trade, including restrictions to its clearance and settlement For purposes of clauses (i) and (ii) on the number of rights of substitution. procedures.15 Nevertheless, the above, DCC will look to U.S. Treasury The right of substitution is also subject Commission believes that due to the securities which are generally accepted to the agreement of DCC and the novelty and complexity of mortgage- equivalents to the applicable mortgage- purchasing participant that the fair backed repo transactions that, initially, market value of the collateral which the the average principal amount of 10 Section 2201 of DCC’s Procedures. selling participant proposes to provide 11 The MPSE is designed to limit the amount of outstanding repos and reverse repos in liability that DCC is exposed to from the positions in place of the existing underlying mortgage-backed securities in DCC’s of all of its participants. Pursuant to DCC’s rules, collateral for a transaction is at least system over a ten day moving period MPSE cannot exceed one third of the amount of equal to the fair market value of the may reach but not exceed $45 billion. If, DCC’s credit enhancement facility. For a complete existing underlying collateral for such discussion of MPSE, refer to Securities Exchange as the volume of DCC’s clearance and Act Release No. 38646 (May 15, 1997), 62 FR 28085 transaction. In order to obtain the settlement of mortgage-backed repo (order granting approval of proposed rule change consent of the purchasing participant, transactions nears $45 billion, DCC relating to definitions of trading limits and MPSE). DCC will notify the purchasing desires to exceed the $45 billion 12 For U.S. Treasury securities, the standard participant of all details of the proposed limitation, it must file a proposed a rule deviation is based upon the volatility during the substitution prior to 12:15 p.m. New 100 day period ending February 19, 1980, or any subsequent period of 100 days in which volatility 14 See supra note 4. was higher than the 100 day period ending 13 Letter from Stephen K. Lynner, President, DCC 15 See Letter from Stephen K. Lynner, President, February 19, 1980. (July 16, 1997). DCC (September 15, 1997). 54666 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices change pursuant to Section 19(b)(2) of based upon a designated index and that (A) Self-Regulatory Organization’s the Act. The proposed rule change may varies directly with changes in such Statement of the Purpose of, and request either an increase in the volume index. Statutory Basis for, the Proposed Rule limitation or removal of all volume Inverse Floater—A class other than an Change limitations. adjustable rate mortgage security with PEX is an on-line system that enables an interest rate that resets periodically III. Conclusion DTC participants to use DTC’s based upon a designated index and that automated network to send and to On the basis of the foregoing, the varies inversely with changes in such respond to various notices required by Commission finds that the proposal is index. other self-regulatory organizations.3 The consistent with the requirements of the purpose of the proposed rule change is Act and in particular with the [FR Doc. 97–27818 Filed 10–20–97; 8:45 am] BILLING CODE 8010±01±M to automate the exchange of LOFFs by requirements of Section 17A of the Act adding LOFFs to the menu of notices and the rules and regulations that can be transmitted through PEX.4 thereunder. SECURITIES AND EXCHANGE LOFFs are notices exchanged between It is therefore ordered, pursuant to COMMISSION the receiving and delivering brokers of Section 19(b)(2) of the Act, that the two party customer trades. Currently, proposed rule change (File No. SR– [Release No. 34±3932; File No. SR±DTC± LOFFs are sent in hardcopy (i.e., on DCC–97–06) be and hereby is approved. 97±18] paper), usually through the mail or by For the Commission by the Division of facsimile. The delivering broker sends a Market Regulation, pursuant to delegated Self-Regulatory Organizations; The LOFF to the receiving broker requesting authority.16 Depository Trust Company; Notice of the receiving broker to verify that the Margaret H. McFarland, Filing and Immediate Effectiveness of customer has sufficient funds to settle Deputy Secretary. Proposed Rule Change Regarding the the trade pursuant to Regulation T Participant Exchange Service under the Act.5 The receiving broker Exhibit A—Schedule A to Delta confirms the existence of the funds and Clearing Corp; Procedures for the October 10, 1997. 1 returns the LOFF to the delivering Clearing of Securities and Financial Pursuant to Section 19(b)(1) of the broker. Instrument Transactions Securities Exchange Act of 1934 Under the proposed rule change, a (‘‘Act’’), notice is hereby given that on Excluded Classes of Mortgage delivering broker will be able to send August 15, 1997, The Depository Trust Securities LOFF notices by entering the notice Company (‘‘DTC’’) filed with the information into DTC’s participant Notional—A class having no principal Securities and Exchange Commission terminal system (‘‘PTS’’).6 LOFF notices balance and bearing interest on the (‘‘Commission’’) the proposed rule that do not contain any errors will be related notional principal balance. change as described in Items I, II, and stored in a DTC database in open status Interest Only—A class that receives III below, which items have been pending a response from the receiving some or all of the interest payments prepared primarily by DTC. The broker. Each LOFF sent using PEX will made on the underlying mortgage or Commission is publishing this notice to be assigned a unique control number. other assets of a series trust and little or solicit comments from interested Open notices will be available for no principal. Interest only classes have persons on the proposed rule change. browsing and reply through PTS. either a nominal or a notional principal Receiving brokers will be able to use balance. I. Self-Regulatory Organization’s Statement of the Terms of Substance of PEX to respond to each LOFF notice by Principal Only—A class that does not 7 the Proposed Rule Change its control number. Upon receiving a bear interest and is entitled to receive response, DTC will match its control only payments of principal. The proposed rule change will number to that of an open LOFF notice Accrual—A class that accretes the expand DTC’s participant exchange and mark that notice as either (i) having amount of accrued interest otherwise service system (‘‘PEX’’) to add an sufficient funds, (ii) not having distributable on such class, which additional notice, letters of free funds sufficient funds, (iii) being rejected, or amount will be added as principal to the (‘‘LOFFs’’), to the menu of notices (iv) having a prime broker relationship principal balance of such class on each currently available. with the delivery broker. applicable distribution date. Such II. Self-Regulatory Organization’s All open LOFF notices will be kept on accretion may continue until some a DTC database for ninety days from the specified event has occurred or until Statement of the Purpose of, and Statutory Basis for, the Proposed Rule such accrual class is retired. 3 For a complete description of PEX, refer to Partial Accrual—A class that accretes Change Securities Exchange Act Release No. 28123 (June a portion of the amount of accrued In its filing with the Commission, 13, 1990), 55 FR 25188 [File No. SR–DTC–89–21] interest thereon, which amount will be (order approving proposed rule change establishing DTC included statements concerning PEX). added to the principal balance of such the purpose of and basis for the 4 DTC attached a detailed description of the class on each applicable distribution proposed rule change and discussed any method by which LOFFs will be added to PEX as date, with the remainder of such comments it received on the proposed Exhibit B to its filing, which is available for review accrued interest to be distributed rule change. The text of these statements and copying at the Commission’s Public Reference currently as interest on such class. Such Room and through DTC. may be examined at the places specified 5 12 CFR 220. accretion may continue until a specified in Item IV below. DTC has prepared 6 DTC has informed the Commission that event has occurred or until such partial summaries, set forth in sections (A), (B), participants initially will be able to exchange accrual class is retired. and (C) below, of the most significant LOFFs through PEX only by way of PTS. At some Floater—A class other than an aspects of such statements.2 later point, participants will be able to exchange adjustable rate mortgage security with LOFFs by way of mainframe dual host or computer- to-computer facility. an interest rate that resets periodically 1 15 U.S.C. 78s(b)(1). 7 Although LOFF notices will not generate tickets, 2 The Commission has modified the text of the receiving brokers will be able to view LOFF notices 16 17 CFR 200.30–3(a)(12). summaries prepared by DTC. through PTS. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54667 notice’s initial send date. LOFF notices days of the filing of such rule change, Securities and Exchange Commission that have been accepted (i.e., for which the Commission may summarily (‘‘Commission’’) the proposed rule funds are available) will remain on the abrogate such rule change if it appears change as described in Items I, II, and database for two days. LOFF notices that to the Commission that such action is III below, which items have been have been declined (i.e., for which necessary or appropriate in the public prepared primarily by MBSCC. The funds are available) will remain on the interest, for the protection of investors, Commission is publishing this notice to database for five days. All other LOFF or otherwise in furtherance of the solicit comments from interested notices that receive replies (i.e., prime purposes of the Act. persons on the proposed rule change. broker or rejected) will be removed from IV. Solicitation of Comments I. Self-Regulatory Organization’s the database thirty days after the initial Interested persons are invited to Statement of the Terms of Substance of send date of the notice. the Proposed Rule Change The proposed rule change is designed submit written data, views, and to eliminate the physical delivery and arguments concerning the foregoing. The proposed rule change amends confirmation of LOFFs thereby Persons making written submissions MBSCC’s rules to allow MBSCC to use providing DTC participants with a more should file six copies thereof with the CUSIP numbers to process eligible timely and accurate messaging vehicle Secretary, Securities and Exchange securities in addition to the current for these documents. In addition, by Commission, 450 Fifth Street, N.W., practice of using class codes. Washington, D.C. 20549. Copies of the incorporating LOFFs into the PEX II. Self-Regulatory Organization’s submission, all subsequent System, DTC will offer its participants Statement of the Purpose of, and amendments, all written statements an efficient means of tracking notices of Statutory Basis for, the Proposed Rule with respect to the proposed rule LOFFs. Change DTC believes that the proposed rule change that are filed with the In its filing with the Commission, change is consistent with the Commission, and all written MBSCC included statements concerning requirements of Section 17A(b)(3)(A) of communications relating to the the purpose of and basis for the the Act 8 and the rules and regulations proposed rule change between the proposed rule change and discussed any thereunder because it promotes Commission and any person, other than comments it received on the proposed efficiencies in the clearance and those that may be withheld from the rule change. The text of these statements settlement of securities transactions. public in accordance with the provisions of 5 U.S.C. 552, will be may be examined at the places specified (B) Self-Regulatory Organization’s available for inspection and copying in in Item IV below. MBSCC has prepared Statement on Burden on Competition the Commission’s Public Reference summaries, set forth in sections (A), (B), Section, 450 Fifth Street, N.W., and (C) below, of the most significant DTC does not believe that the 2 proposed rule change will impose any Washington, D.C. 20549. Copies of such aspects of such statements. burden on competition that is not filing also will be available for (A) Self-Regulatory Organization’s necessary or appropriate in furtherance inspection and copying at the principal Statement of the Purpose of, and of the purposes of the Act, in the public office of DTC. All submissions should Statutory Basis for, the Proposed Rule interest, and for the protection of refer to File No. SR–DTC–97–18 and Change investors. should be submitted by November 12, 1997. Currently, MBSCC processes (C) Self-Regulatory Organization’s transactions relating to eligible For the Commission by the Division of Statement on Comments on the securities based on a ten character class Market Regulation, pursuant to delegated code identifying the class of such Proposed Rule Change Received From authority.11 securities.3 To accommodate the March Members, Participants or Others Margaret H. McFarland, 1998 industry-wide conversion to a DTC has not solicited participant Deputy Secretary. system based on a nine character CUSIP comments on the proposed rule change. [FR Doc. 97–27758 Filed 10–20–97; 8:45 am] number, MBSCC will permit A working group of participants has BILLING CODE 8010±01±M participants to submit transactions with requested that DTC incorporate LOFFs either the appropriate class code or into the PEX system and has committed CUSIP number. MBSCC anticipates that to using such a service. SECURITIES AND EXCHANGE as of January 1, 1999, it will accept only COMMISSION III. Date of Effectiveness of the CUSIP numbers.4 Other than this Proposed Rule Change and Timing for [Release No. 34±39234; File No. SR± technical change from a class system to Commission Action MBSCC±97±7] a CUSIP system, the processing of eligible securities will not change. The foregoing rule change has been Self-Regulatory Organizations; MBS With respect to MBSCC’s electronic effective pursuant to Section Clearing Corporation; Notice of Filing pool notification (‘‘EPN’’) system, there 19(b)(3)(A)(iii) of the Act 9 and Rule and Immediate Effectiveness of 10 is no similar period of time during 19b–4(e)(4) thereunder because it Proposed Rule Change Relating to Use which EPN users can submit either the effects a change in an existing service of of CUSIP Numbers in Processing class code or CUSIP number. Beginning DTC that (i) does not adversely affect Eligible Securities March 31, 1998, EPN will operate on a the safeguarding of securities or funds CUSIP number basis. in the custody or control of DTC or for October 10, 1997. Pursuant to Section 19(b)(1) of the which it is responsible and (ii) does not 2 The Commission has modified the text of the significantly affect the respective rights Securities Exchange Act of 1934 summaries prepared by MBSCC. or obligations of DTC or persons using (‘‘Act’’),1 notice is hereby given that on 3 ‘‘Class’’ is defined in MBSCC’s rules as a the service. At any time within sixty September 25, 1997, the MBS Clearing particular type of eligible securities issues or guaranteed by the same agency and having the same Corporation (‘‘MBSCC’’) filed with the coupon rate and date of maturity. 8 15 U.S.C. 78q–1(b)(3)(A). 4 At such time, MBSCC will submit a rule filing 9 15 U.S.C. 78s(b)(3)(A)(iii). 11 17 CFR 200.30–3(a)(12). with the Commission under Section 19(b)(3)(A) of 1017 CFR 240.19b–4(e)(4). 1 15 U.S.C. 78s(b)(1). the Act to eliminate all references to class codes. 54668 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

CUSIP numbers will be assigned Washington, D.C. 20549. Copies of the II. Self-Regulatory Organization’s based on the same factors as currently submission, all subsequent Statement of the Purpose of, and used for class codes. Standard & Poor’s amendments, all written statements Statutory Basis for, the Proposed Rule anticipates publishing CUSIPs for with respect to the proposed rule Change eligible securities no later than change that are filed with the In its filing with the Commission, December 31, 1997. Commission, and all written NSCC included statements concerning MBSCC believes that the proposed communications relating to the the purpose of and statutory basis for rule change is consistent with the proposed rule change between the the proposed rule change and discussed requirements of Section 17A of the Act 5 Commission and any person, other than any comments it received on the and the rules and regulations those that may be withheld from the proposed rule change. The test of these thereunder because it promotes public in accordance with the statements may be examined at the efficiencies in the clearance and provisions of 5 U.S.C. § 552, will be places specified in Item IV below. Set settlement of securities transactions. available for inspection and copying in forth in sections (A), (B), and (C) below, the Commission’s Public Reference (B) Self-Regulatory Organization’s are the most significant aspects of such Section, 450 Fifth Street, N.W., 2 Statement on Burden on Competition statements. Washington, D.C. 20549. Copies of such MBSCC does not believe that the filing also will be available for (A) Self-Regulatory Organization’s proposed rule change will impose any inspection and copying at the principal Statement of the Purpose of, and burden on competition that is not office of MBSCC. All submissions Statutory Basis for, the Proposed Rule necessary or appropriate in furtherance should refer to File No. SR–MBSCC–97– Change of the purposes of the Act. 7 and should be submitted by November NSCC has filed and had approved by 3 (C) Self-Regulatory Organization’s 12, 1997. the Commission its APS. APS is a Statement on Comments on the For the Commission by the Division of centralized communication link that Proposed Rule Change Received From Market Regulation, pursuant to delegated connects participating insurance Members, Participants or Others authority.8 carriers with broker-dealers, banks, and Margaret H. McFarland, the broker-dealers’ or banks’ affiliated No comments on the proposed rule Deputy Secretary. life insurance agencies where change were solicited or received. appropriate. MNSCC will notify the Commission of [FR Doc. 97–27759 Filed 10–20–97; 8:45 am] The purpose of this proposed rule any written comments its receives. BILLING CODE 8010±01±M change is to establish fees for NSCC’s III. Date for Effectiveness of the APS. Three categories of fees will be established. Membership fees will be Proposed Rule Change and Timing for SECURITIES AND EXCHANGE $335 per month. Transaction fees will Commission Action COMMISSION be $0.60 per 1,000 full positions, $0.50 The foregoing rule change has become [Release No. 34±39233; File No. SR±NSCC± per 1,000 focused positions, and $8.50 effective pursuant to Section 97±09] per 1,000 commission items. File fees 19(b)(3)(A)(iii) 6 of the Act and pursuant will be $15.00 per file per day for to Rule 19b–4(e) 7 promulgated Self-Regulatory Organizations; sending or receiving APS related files. thereunder because the proposal effects National Securities Clearing The new fees became effective upon a change in an existing service of a Corporation; Notice of Filing and implementation of APS. registered clearing agency that (i) does Immediate Effectiveness of a Proposed NSCC believes that the proposed rule not adversely affect the safeguarding of Rule Change Establishing Fees for the change is consistent with Section securities or funds in the custody or Annuities Processing Service 17A(b)(3)(D) of the Act.4 which requires control of MBSCC or for which it is that the rules of a registered clearing responsible and (ii) does not October 10, 1997. agency provide for an equitable significantly affect the respective rights Pursuant to Section 19(b)(1) of the allocation of reasonable dues, fees, and or obligations of MBSCC or persons Securities Exchange Act of 1934 other charges for services which it using the service. At any time within (‘‘Act’’),1 notice is hereby given that on provides to its participants. sixty days of the filing of such rule August 14, 1997, the National Securities Clearing Corporation (‘‘NSCC’’) filed (B) Self-Regulatory Organization’s change, the Commission may summarily Statement on Burden on Competition abrogate such rule change if it appears with the Securities and Exchange to the Commission that such action is Commission (‘‘Commission’’) the NSCC does not believe that the necessary or appropriate in the public proposed rule change as described in proposed rule change will impact or interest, for the protection of investors, Items I, II, and III below, which items impose a burden on competition. have been prepared primarily by NSCC. or otherwise in furtherance of the (C) Self-Regulatory Organization’s The Commission is publishing this purposes of the Act. Statement of Comments on the notice to solicit comments on the IV. Solicitation of Comments Proposed Rule Change Received From proposed rule change from interested Members, Participants, or Others Interested persons are invited to persons. No written comments have been submit written data, views, and I. Self-Regulatory Organization’s arguments concerning the foregoing. solicited or received. NSCC will notify Statement of the Terms of Substance of the Commission of any written Persons making written submissions the Proposed Rule Change should file six copies thereof with the comments received by NSCC. Secretary, Securities and Exchange The purpose of the proposed rule 2 Commission, 450 Fifth Street, N.W., change is to establish fees for NSCC’s The Commission has modified parts of these annuities processing service (‘‘APS’’). statements. 3 Securities Exchange Act Release No. 39096 5 15 U.S.C. 78q–1. (September 19, 1997), 62 FR 50416 (order approving 6 15 U.S.C. 78s(b)(3)(A)(iii). 8 17 CFR 200.30–3(a)(12). proposed rule change). 7 17 CFR 240.19b–4(e). 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78q–1(b)(3)(D). Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54669

III. Date of Effectiveness of the SECURITIES AND EXCHANGE fees and when the clearing member Proposed Rule Change and Timing for COMMISSION realizes its year-end discount. Commission Action The purpose of the proposed rule [Release No. 34±39231; File No. SR±OCC± change is to revise OCC’s per contract 97±16] Because the foregoing rule change clearing fee from $.10 to $.068 for the establishes or changes a due, fee, or Self-Regulatory Organizations; the remainder of 1997 for all contracts other charge imposed by NSCC, it has Options Clearing Corporation; Notice cleared between September 1, 1997, become effective pursuant to Section of Filing and Immediate Effectiveness through December 31, 1997. In addition, 19(b)(3)(A)(ii) of the Act 5 and Rule 19b– of Proposed Rule Change Relating to OCC will not bill clearing members for 4(e)(2) thereunder.6 At any time within Fees and Charges data services fees and exercise fees from sixty days of the filing of the proposed July 1, 1997, through December 31, rule change, the Commission may October 10, 1997. 1997.3 OCC believes a reduction in fees summarily abrogate such rule change if Pursuant to Section 19(b)(1) of the allows members to realize an immediate it appears to the the Commission that Securities Exchange Act of 1934 reduction in costs rather than having to such action is necessary or appropriate (‘‘Act’’),1 notice is hereby given that on wait for OCC to disburse refunds at the in the public interest, for the protection September 2, 1997, The Options end of the fiscal year. of investors, or otherwise in furtherance Clearing Corporation (‘‘OCC’’) filed with The purpose of the rule change is also of the purposes of the Act. the Securities and Exchange to introduce an interim discounted and Commission (‘‘Commission’’) the regular fees for the DJIA index option IV. Solicitation of Comments proposed rule change as described in contract which is scheduled to begin Items I, II, and III below, which items trading in October 1997. OCC believes Interested persons are invited to have been prepared primarily by OCC. that the DJIA fee structure will submit written data, views, and The Commission is publishing this encourage trading and clearance of this arguments concerning the foregoing. notice to solicit comments from new contract. OCC is offering an Persons making written submissions interested persons on the proposed rule introductory clearing fee of $.00 per should file six copies thereof with the change. contract per side for the first month the Secretary, Securities and Exchange DJIA is traded, $.025 per contract per I. Self-Regulatory Organization’s Commission, 450 Fifth Street N.W., side for the second month, $.05 per Statement of the Terms of Substance of Washington, D.C. 20549. Copies of the contract per side for the third month, the Proposed Rule Change submission, all subsequent and $.10 per contract per side (i.e., the amendments, all written statements The proposed rule change revises normal OCC rate) thereafter.4 with respect to the proposed rule OCC’s fees for its clearing service and OCC has received approval to store change that are filed with the introduces an interim and regular fee for media on CD–ROM to replace the Commission, and all written the Dow Jones Industrial Average practice of storage on microfiche.5 communications relating to the (‘‘DJIA’’) index option contract service. While OCC no longer stores new media proposed rule change between the 4II. Self-Regulatory Organization’s or data on microfiche, there remains Commission and any person, other than Statement of the Purpose of, and historic data stored on microfiche. those that may be withheld from the Statutory Basis for, the Proposed Rule Because both the need for retrieval of public in accordance with the Change data stored on microfiche and the costs provisions of 5 U.S.C. 552, will be associated with its retrieval remain, the In its filing with the Commission, fees associated with microfiche retrieval available for inspection and copying in OCC included statements concerning will remain on the schedule. the Commission’s Public Reference the purpose of and basis for the OCC believes that the proposed rule Section, 450 Fifth Street N.W., proposed rule change and discussed any change is consistent with the Washington, D.C. 20549. Copies of such comments it received on the proposed requirements of Section 17A of the Act 6 filing will also be available for rule change. The text of these statements and the rules and regulations inspection and copying at the principal may be examined at the places specified thereunder because it provides for the office of the NSCC. All submissions in Item IV below. OCC has prepared equitable allocation of dues, fees, and should refer to the File No. SR–NSCC– summaries, set forth in sections (A), (B), other charges among OCC’s participants 97–09 and should be submitted by and (C) below, of the most significant and other parties that use OCC’s November 12, 1997. aspects of such statements.2 services. For the Commission by the Division of (A) Self-Regulatory Organization’s (B) Self-Regulatory Organization’s Market Regulation, pursuant to delegated Statement of the Purpose of, and Statement on Burden on Competition authority.7 Statutory Basis for, the Proposed Rule OCC does not believe that the Margaret H. McFarland, Change proposed rule change will impose any Deputy Secretary. During the first half of 1997, OCC burden on competition that is not [FR Doc. 97–27757 Filed 10–20–97; 8:45 am] experienced a record volume of options necessary or appropriate in furtherance BILLING CODE 8010±01±M cleared. OCC currently refunds a of the purposes of the Act. portion of clearing fees collected during the year to its clearing members when 3 Such fees consist of a $1.00 exercise fee, $269.00 it experiences high volume levels. The per month for leased line direct data service, practice of refunding clearing fees at the $355.00 per month for dial up data service, and end of OCC’s fiscal year creates a gap $250.00 per month for service bureau data service. 4 OCC is considering applying the proposed between when it realizes record clearing introductory fee structure for the DJIA to all new contracts introduced in the future. 5 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78S(b)(1). 5 See Letter to James C. Yong, Vice President, 6 17 CFR 240.19b–4(e)(2). 2 The Commission has modified the text of the OCC (July 23, 1993). 7 17 CFR 200.30–3(a)(12). summaries prepared by OCC. 6 15 U.S.C. 78q–1. 54670 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

(C) Self-Regulatory Organization’s SECURITIES AND EXCHANGE An agency may not conduct or sponsor, Statement on Comments on the COMMISSION and a person is not required to respond Proposed Rule Change Received From to, a collection of information unless it Members, Participants or Others Submission for OMB Review; displays a currently valid control Comment Request number. No comments on the proposed rule change were solicited or received. Upon written request, copies available Please direct general comments from: Securities and Exchange Commission, regarding the above information to the III. Date of Effectiveness of the Office of Filings and Information Services, following persons: (i) Desk Officer for Proposed Rule Change and Timing for 450 Fifth Street, N.W., Washington, D.C. the Securities and Exchange Commission Action 20549. Extension: Rule 23c–1 [17 CFR 270.23c–1]; Commission, Office of Information and Regulatory Affairs, Office of The foregoing rule change has become SEC File No. 270–253; OMB Control No. Management and Budget, Room 3208, effective pursuant to Section 3235–0260. New Executive Office Building, 19(b)(3)(A)(ii) 7 of the Act and pursuant Notice is hereby given that, pursuant Washington, D.C. 20503; and (ii) to Rule 19b–4(e)(2)8 promulgated to the Paperwork Reduction Act of 1995 Michael E. Bartell, Associate Executive thereunder because the proposal (44 U.S.C. 3501 et seq.), the Securities establishes or changes a due, fee, or and Exchange Commission ( the Director, Office of Information other charge imposed by OCC. At any ‘‘Commission’’) has submitted to the Technology, Securities and Exchange time within sixty days of the filing of Office of Management and Budget a Commission, 450 Fifth Street, N.W., such rule change, the Commission may request for extension of the previously Washington, D.C. 20549. Comments summarily abrogate such rule change if approved collection of information must be submitted to OMB within 30 it appears to the Commission that such discussed below. days of this notice. action is necessary or appropriate in the Rule 23c–1, among other things, Dated: October 14, 1997. permits a closed-end fund to repurchase public interest, for the protection of Margaret H. McFarland, its securities for cash if in addition to investors, or otherwise in furtherance of Deputy Secretary. the purposes of the Act. the other requirements set forth in the rule: (i) payment of the purchase price [FR Doc. 97–27763 Filed 10–20–97; 8:45 am] IV. Solicitation of Comments is accompanied or preceded by a written BILLING CODE 8010±01±M confirmation of the purchase; (ii) the Interested persons are invited to asset coverage per unit of the security to submit written data, views, and be purchased is disclosed to the seller arguments concerning the foregoing. or his agent; and (iii) if the security is SMALL BUSINESS ADMINISTRATION Persons making written submissions a stock, the fund has, within the should file six copies thereof with the preceding six months, informed [License No. 09/79±0409] Secretary, Securities and Exchange stockholders of its intention to purchase Commission, 450 Fifth Street, N.W., stock. The Commission estimates that New Vista Capital Fund, L.P.; Notice of Washington, D.C. 20549. Copies of the approximately 575 closed-end funds Issuance of a Small Business submission, all written statements with may rely on rule 23c–1, and that on Investment Company; License respect to the proposed rule change that average, a fund spends approximately are filed with the Commission, and all 2.5 hours per year on complying with On May 14, 1997, an application was written communications relating to the the rule’s paperwork requirements. The filed by New Vista Capital Fund, L.P., proposed rule change between the total annual burden of the rule’s at 499 Hamilton Avenue, Suite 140, Palo Commission and any person, other than paperwork requirements thus is Alto, California 94301, with the Small those that may be withheld from the estimated to be 1,438 hours. Business Administration (SBA) public in accordance with the In addition, the fund must file with pursuant to Section 107.300 of the provisions of 5 U.S.C. 552, will be the Commission, during the calendar Regulations governing small business available for inspection and copying in month following any month in which a investment companies (13 CFR 107.300 the Commission’s Public Reference purchase permitted by rule 23c–1 (1996)) for a license to operate as a small Section, 450 Fifth Street, N.W., occurs, two copies of a report of business investment company. Washington, D.C. 20549. Copies of such purchases made during the month, filing also will be available for together with copies of any written Notice is hereby given that, pursuant inspection and copying at the principal solicitation to purchase securities given to Section 301(c) of the Small Business office of OCC. All submissions should on behalf of the fund to 10 or more Investment Act of 1958, as amended, refer to File No. SR–OCC–97–16 and persons. The burden associated with after having considered the application should be submitted by November 12, filing Form N–23C–1, the form for this and all other pertinent information, SBA 1997. report, has been addressed in the issued License No. 09/79–0409 on submission for that Form. September 17, 1997, to NewVista For the Commission by the Division of The estimate of average burden hours Capital Fund, L.P. to operate as a small Market Regulation, pursuant to delegated is made solely for the purposes of the business investment company. authority.9 Paperwork Reduction Act, and is not (Catalog of Federal Domestic Assistance Margaret H. McFarland, derived from a comprehensive or even Program No. 59.011, Small Business Deputy Secretary. a representative survey or study of the Investment Companies) [FR Doc. 97–27760 Filed 10–20–97; 8:45 am] costs of Commission rule and forms. Dated: October 10, 1997. BILLING CODE 8010±01±M Complying with the collection of information requirements of the rule is Don A. Christensen, Associate Administrator for Investment. 7 15 U.S.C. 78s(b)(3)(A)(ii). mandatory. The filings that the rule 8 17 CFR 240.19b–4(e)(2). requires to be made with the [FR Doc. 97–27790 Filed 10–20–97; 8:45 am] 9??? Commission are available to the public. BILLING CODE 8025±01±P Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54671

SMALL BUSINESS ADMINISTRATION Information is also available at TVA’s O’Connor Street, 14th Floor, Ottawa, Washington Office (202) 898–2999. Ontario, Canada K1A–0G5. Inquiries [License No. 06/06±0314] Edward S. Christenbury, regarding proposed accelerated tariff Southwest/Catalyst Capital, Ltd.; General Counsel and Secretary of the Board. eliminations by Mexico should be Notice of Issuance of a Small Business [FR Doc. 97–27932 Filed 10–17–97; 10:13 directed to the office of the Investment Company; License am] Subsecretaria de Negociaciones BILLING CODE 8120±08±M Comerciales Internacionales, Secretaria On June 6, 1997, an application was de Comercio y Fomento Industrial filed by Southwest/Catalyst Capital, (SECOFI), Alfonso Reyes 30, Colonia Ltd., at Three Riverway Suite 770, OFFICE OF THE UNITED STATES Hipodromo Condesa, 06140 Mexico, Houston, Texas, 77056, with the Small TRADE REPRESENTATIVE D.F. The fax number is 52–5 729–9352. Business Administration (SBA) SUPPLEMENTARY INFORMATION: On May pursuant to Section 107.300 of the Request for Comment on Articles To 12, 1997, USTR announced the second Regulations governing small business Be Considered for Accelerated Tariff round of accelerated tariff elimination investment companies (13 CFR 107.300 Elimination Under the North American talks under the NAFTA, and invited (1996)) for a license to operate as a small Free Trade Agreement petitions for the inclusion of specific business investment company. articles in these talks (see 62 FR 25992). AGENCY: Notice is hereby given that, pursuant Office of the United States Based on the petitions received in to Section 301(c) of the Small Business Trade Representative. response to the May 1997 notice, and in Investment Act of 1958, as amended, ACTION: Notice and request for consultation with the other NAFTA after having considered the application comments. Governments, USTR has prepared lists and all other pertinent information, SBA of the articles that the three NAFTA SUMMARY: The United States issued License No. 06/06–0314 on Governments have agreed to consider Government and the Governments of September 26, 1997, to Southwest/ for accelerated tariff elimination. Mexico and Canada are engaged in a Catalyst Capital, Ltd. to operate as a Annex I to this notice lists the second round of accelerated tariff small business investment company. subheadings in the Harmonized Tariff elimination talks under the North (Catalog of Federal Domestic Assistance Schedule of the United States (‘‘HTS’’) American Free Trade Agreement Program No. 59.011, Small Business that are proposed for accelerated tariff (‘‘NAFTA’’). The Office of the United Investment Companies) elimination with respect to goods of States Trade Representative (‘‘USTR’’) is Dated: October 10, 1997. Mexico. Annex II lists subheadings in providing notice of, and is requesting Don A. Christensen, the Mexican Tariff Schedule of the comments on, those articles that the General Import Duty Act that are Associate Administrator for Investment. three NAFTA Governments have agreed proposed for accelerated tariff [FR Doc. 97–27791 Filed 10–20–97; 8:45 am] to consider for accelerated tariff elimination with respect to goods of the BILLING CODE 8025±01±P elimination. United States. Annex III lists DATES: Comments must be received by subheadings in the Customs Tariff of December 12, 1997. TENNESSEE VALLEY AUTHORITY Canada that are proposed for accelerated ADDRESSES: Comments should be tariff elimination with respect to goods Sunshine Act Meeting submitted by electronic mail to of Mexico. (The lists do not include [email protected], or to the Office of the proposed accelerated tariff eliminations AGENCY HOLDING THE MEETING: Tennessee Western Hemisphere, Attention: NAFTA between Canada and the United States Valley Authority. Acceleration Desk, Office of the United because all applicable U.S.-Canada trade ``FEDERAL REGISTER'' CITATION OF States Trade Representative, 600 17th will be duty free as of January 1, 1998.) PREVIOUS ANNOUNCEMENT: To be Street, NW, Washington, DC 20508. Accelerated tariff elimination is published 14 October 1977 (Docket No. FOR FURTHER INFORMATION CONTACT: generally being considered on a 9727217). Inquiries regarding this notice should be reciprocal basis on the equivalent tariff PREVIOUSLY ANNOUNCED TIME AND DATE OF directed to the Office of Western subheadings by the parties involved. In MEETING: 9 a.m. (CDT), Wednesday, Hemisphere Affairs, USTR, (202) 395– many cases, however, NAFTA or MFN October 15, 1997. 3412. A description of the products duty-free treatment may already be PREVIOUSLY ANNOUNCED PLACE OF covered in Annex I and public versions provided by one or both other parties. MEETING: TVA Allen Fossil Plant of petitions for accelerated tariff In such cases, the Annexes do not list Assembly Room, 2574 Plant Road, elimination are available for inspection products already eligible for duty-free Memphis, Tennessee, at the USTR Reading Room. The treatment. Reading Room is located at Room 101, Descriptions of the goods covered in CHANGES IN THE MEETING: Each member Office of the United States Trade the subheadings listed in the annexes of the TVA Board of Directors has Representative, 600 17th Street, NW., may be obtained as follows. A approved the addition of the following Washington, DC 20508, and is open description of the articles covered by item to the previously announced from 9:30 a.m. to 12 noon and 1 p.m. the HTS subheadings in Annex I is agenda: to 4 p.m., Monday through Friday, by available for inspection on the USTR A—BUDGET AND FINANCING appointment only. Appointments can be web site at www.ustr.gov, and in the A1. Approval of Tax-Equivalent made by calling Brenda Webb at (202) USTR Reading Room. In addition, the Payments 395–6186. Information may also be complete HTS is available at the web CONTACT PERSON FOR MORE INFORMATION: obtained via the Internet (see site of the United States International Alan Carmichael, Senior Vice President, SUPPLEMENTARY INFORMATION). Inquiries Trade Commission, www.usitc.gov. The Communications, or a member of his regarding proposed accelerated tariff Customs Tariff of Canada and the staff can respond to requests for eliminations by Canada should be Mexican Tarifa de la Ley del Impuesto information about this meeting. Call directed to the Interdepartmental General de Importacio´n (Tariff Schedule (423) 632–6000, Knoxville, Tennessee. Committee on NAFTA Acceleration, 140 of the ‘‘General Import Duty Act’’) 54672 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices should be consulted for a description of wish to exempt information from public 0708.20.90, 0709.20.90, 0709.30.20, the articles covered in the tariff disclosure should comply with the 0709.40.20, 0709.40.60, 0709.51.00, subheadings in Annexes II and III. An requirements of 19 CFR 2003.6 0709.60.20, 0709.60.40, 0709.90.20, Internet source for tariff subheading regarding submissions containing 0709.90.90, 0710.80.20, 0710.80.85, 0710.80.97, 0711.20.40, 0712.20.20, descriptions of the United States, business confidential information. In 0712.20.40, 0712.90.40, 0714.90.40, Canada and Mexico is addition, such persons should submit a 0804.50.60, 0805.20.00, 0805.30.20, www.apectariff.org. public version of their comments. 0805.30.40, 0805.40.60, 0805.40.80, The tariff schedules of the United Submissions containing business 0807.11.40, 0807.19.10, 0807.19.20, States, Mexico and Canada provide confidential information should be 0807.19.70, 0807.19.80, 0807.20.00, preferential access for some products submitted in hard copy, rather than by 0811.10.00, 0811.90.22, 0811.90.40, through the use of a tariff-rate quota electronic mail. 0812.90.30, 0904.20.40, 1001.10.00, (TRQ) or on a seasonal basis only. In 1006.10.00, 1006.20.20, 1006.20.40, addition to, or in place of, accelerated ITC and Advisory Committee Advice 1006.30.90, 1006.40.00, 1202.10.80, tariff elimination, the governments may Pursuant to Section 103 of the 1202.20.80, 1517.90.60, 1517.90.90, 1604.13.10, 1604.13.20, 1604.13.30, also consider increasing a TRQ or NAFTA Implementation Act (Pub. L. 1701.11.50, 1701.12.50, 1701.91.30, modifying the seasonality of a current 103–182, as amended (19 U.S.C. 3313)), 1701.91.48, 1701.91.58, 1701.99.50, tariff subheading. USTR is requesting the advice of the 1702.30.28, 1704.90.58, 1704.90.68, USTR invites comments on the United States International Trade 1704.90.78, 1704.90.90, 1806.20.26, advisability of accelerated tariff Commission concerning the probable 1806.20.28, 1806.20.36, 1806.20.38, elimination with respect to the economic effect on U.S. industries 1806.20.73, 1806.20.77, 1806.20.82, subheadings listed in the annexes to this producing like or directly competitive 1806.20.83, 1806.20.87, 1806.20.89, notice. The NAFTA Governments will articles, and on consumers, of the 1806.20.94, 1806.20.98, 1806.20.99, 1806.32.06, 1806.32.08, 1806.32.16, consider accelerated tariff elimination proposed accelerated tariff eliminations for all products falling under these 1806.32.18, 1806.32.70, 1806.32.80, with respect to the subheadings listed in 1806.90.08, 1806.90.10, 1806.90.18, subheadings. However, acceleration for Annex I. USTR is also consulting with 1806.90.20, 1806.90.28, 1806.90.30, a subset of the articles covered in a the appropriate private sector advisory 1806.90.39, 1806.90.49, 1806.90.59, particular subheading will be committees. 1901.10.30, 1901.10.40, 1901.10.45, considered in the alternative, as Jon Huenemann, 1901.10.75, 1901.10.85, 1901.10.95, necessary. Thus, comments should Acting Assistant U.S. Trade Representative 1901.20.15, 1901.20.25, 1901.20.35, specify if only a subset of all products for North American Affairs. 1901.20.50, 1901.20.60, 1901.20.70, is of concern to the commenting party. 1901.90.32, 1901.90.36, 1901.90.43, Comments should be submitted to Annex I 1901.90.47, 1901.90.54, 1901.90.58, USTR by December 12, 1997. Subheadings in the Harmonized Tariff 1901.90.70, 1901.90.90, 2001.90.20, Comments will be accepted by the 2001.90.35, 2001.90.60, 2002.10.00, Schedule of the United States 2002.90.00, 2003.10.00, 2004.90.90, Governments of Mexico and Canada containing products to be considered for until the same date. Parties interested in 2005.60.00, 2005.70.02, 2005.70.04, accelerated removal of duty on goods of 2005.70.06, 2005.70.08, 2005.70.12, providing comments to the Mexico under the North American Free 2005.70.16, 2005.70.18, 2005.70.23, Governments of Canada or Mexico Trade Agreement (NAFTA). 2005.70.25, 2005.70.50, 2005.70.60, should contact the offices cited above 2005.70.70, 2005.70.75, 2005.70.91, 0401.30.25, 0401.30.75, 0402.10.50, for the relevant requirements. 2005.70.93, 2005.70.97, 2005.90.50, 0402.21.25, 0402.21.50, 0402.21.90, Comments submitted to USTR should 0402.29.50, 0402.91.70, 0402.91.90, 2005.90.55, 2005.90.80, 2007.91.10, be sent either via electronic mail to 0402.99.45, 0402.99.55, 0402.99.90, 2007.99.60, 2007.99.65, 2008.11.15, [email protected], or in ten type-written 0403.10.50, 0403.90.16, 0403.90.45, 2008.11.35, 2008.11.60, 2008.30.35, copies to the address specified above. 0403.90.55, 0403.90.65, 0403.90.78, 2008.30.40, 2008.30.65, 2008.30.85, USTR prefers that comments be 0403.90.95, 0404.10.15, 0404.10.90, 2008.70.00, 2008.92.10, 2008.99.10, 2008.99.42, 2008.99.60, 2009.11.00, submitted via electronic mail whenever 0404.90.50, 0404.90.70, 0405.10.20, 0405.20.30, 0405.20.40, 0405.20.70, 2009.19.25, 2009.19.45, 2009.20.20, possible. All submissions must specify: 2009.20.40, 2009.30.40, 2009.30.60, (1) The tariff subheadings to which the 0405.90.20, 0406.10.08, 0406.10.18, 0406.10.28, 0406.10.38, 0406.10.48, 2009.40.20, 2009.60.00, 2009.90.40, comments refer, and the importing and 0406.10.58, 0406.10.68, 0406.10.78, 2103.20.40, 2103.90.78, 2105.00.20, exporting NAFTA countries (e.g., goods 0406.10.88, 0406.20.10, 0406.20.28, 2105.00.40, 2106.90.09, 2106.90.26, of the United States exported to Mexico, 0406.20.33, 0406.20.39, 0406.20.48, 2106.90.28, 2106.90.36, 2106.90.38, goods of Mexico exported to the United 0406.20.53, 0406.20.55, 0406.20.63, 2106.90.46, 2106.90.48, 2106.90.52, States, goods of Canada exported to 0406.20.67, 0406.20.71, 0406.20.75, 2106.90.54, 2106.90.66, 2106.90.72, Mexico); (2) the name, address and 0406.20.79, 0406.20.83, 0406.20.87, 2106.90.76, 2106.90.80, 2106.90.87, 0406.20.91, 0406.30.18, 0406.30.28, 2106.90.91, 2106.90.94, 2106.90.97, telephone number of the person, firm or 2202.10.00, 2202.90.28, 2202.90.30, organization making the comments; and 0406.30.38, 0406.30.48, 0406.30.53, 0406.30.55, 0406.30.63, 0406.30.67, 2202.90.35, 2202.90.36, 2202.90.37, (3) an indication as to whether the 0406.30.71, 0406.30.75, 0406.30.79, 2203.00.00, 2204.21.30, 2204.21.50, writer represents a producer, importer, 0406.30.83, 0406.30.87, 0406.30.91, 2204.29.20, 2204.29.40, 2204.29.60, exporter, consumer (or any 0406.40.20, 0406.40.40, 0406.40.70, 2204.29.80, 2309.90.28, 2309.90.48, combination), or other party (please 0406.90.05, 0406.90.12, 0406.90.18, 2710.00.05, 2710.00.10, 2710.00.15, specify interest), for each country (for 0406.90.20, 0406.90.25, 0406.90.32, 2710.00.18, 2710.00.20, 2710.00.25, example, a producer and exporter in the 0406.90.33, 0406.90.37, 0406.90.38, 2710.00.30, 2710.00.45, 2710.00.60, United States, and an importer in 0406.90.42, 0406.90.48, 0406.90.49, 2901.10.40, 2901.10.50, 2905.17.00, 2906.21.00, 2909.49.10, 2909.49.15, Mexico and Canada). Submissions not 0406.90.54, 0406.90.59, 0406.90.68, 0406.90.74, 0406.90.78, 0406.90.84, 2915.90.14, 2915.90.18, 2916.11.00, meeting these requirements cannot be 0406.90.88, 0406.90.92, 0406.90.94, 2916.39.03, 2916.39.06, 2916.39.45, considered. 0406.90.97, 0702.00.20, 0702.00.60, 2916.39.75, 2917.36.00, 2917.39.70, Comments submitted to USTR will be 0703.10.40, 0704.10.40, 0704.10.60, 2921.22.10, 2921.30.10, 2921.30.30, available for public inspection in the 0704.20.00, 0704.90.40, 0705.11.40, 2922.49.27, 2924.29.75, 2933.40.08, USTR Reading Room. Submitters who 0705.19.40, 0707.00.40, 0707.00.50, 2933.40.15, 2933.40.20, 2933.40.26, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54673

2933.40.60, 2933.40.70, 2933.90.13, 5210.31.60, 5210.31.80, 5210.39.40, 5515.12.00, 5515.13.05, 5515.13.10, 2933.90.87, 2934.90.05, 2934.90.06, 5210.39.60, 5210.39.80, 5210.41.40, 5515.19.00, 5515.21.00, 5515.22.05, 2934.90.08, 2934.90.39, 2934.90.44, 5210.41.60, 5210.41.80, 5210.42.00, 5515.22.10, 5515.29.00, 5515.91.00, 3204.11.10, 3204.11.15, 3204.11.35, 5210.49.20, 5210.49.40, 5210.49.60, 5515.92.05, 5515.92.10, 5515.99.00, 3204.11.50, 3204.13.10, 3204.13.20, 5210.49.80, 5210.51.40, 5210.51.60, 5516.11.00, 5516.12.00, 5516.13.00, 3204.13.25, 3204.13.60, 3204.13.80, 5210.51.80, 5210.59.40, 5210.59.60, 5516.14.00, 5516.21.00, 5516.22.00, 3204.16.10, 3204.16.20, 3204.16.30, 5210.59.80, 5211.11.00, 5211.19.00, 5516.23.00, 5516.24.00, 5516.31.05, 3204.16.50, 3204.17.04, 3204.17.20, 5211.21.00, 5211.29.00, 5211.31.00, 5516.31.10, 5516.32.05, 5516.32.10, 3204.17.60, 3204.17.90, 3204.19.11, 5211.39.00, 5211.41.00, 5211.43.00, 5516.33.05, 5516.33.10, 5516.34.05, 3204.19.20, 3204.19.25, 3204.19.40, 5211.49.00, 5211.51.00, 5211.59.00, 5516.34.10, 5516.41.00, 5516.42.00, 3204.19.50, 3204.20.10, 3204.20.80, 5212.11.10, 5212.11.60, 5212.12.10, 5516.43.00, 5516.44.00, 5516.91.00, 3404.90.10, 3506.10.10, 3808.30.50, 5212.12.60, 5212.13.10, 5212.13.60, 5516.92.00, 5516.93.00, 5516.94.00, 3811.21.00, 3811.90.00, 3822.00.50, 5212.14.10, 5212.14.60, 5212.15.10, 5602.21.00, 5603.11.00, 5603.12.00, 3824.90.28, 3824.90.45, 3824.90.90, 5212.15.60, 5212.21.10, 5212.21.60, 5603.13.00, 5603.14.30, 5603.14.90, 3916.90.30, 3917.33.00, 3918.10.32, 5212.22.10, 5212.22.60, 5212.23.10, 5603.91.00, 5603.92.00, 5603.93.00, 3918.10.40, 3926.90.59, 3926.90.77, 5212.23.60, 5212.24.10, 5212.24.60, 5603.94.10, 5603.94.30, 5603.94.90, 3926.90.85, 3926.90.87, 4202.11.00, 5212.25.10, 5212.25.60, 5402.10.30, 5604.10.00, 5604.20.00, 5604.90.00, 4202.12.20, 4202.12.40, 4202.12.60, 5402.10.60, 5402.20.30, 5402.20.60, 5605.00.10, 5605.00.90, 5607.49.15, 4202.12.80, 4202.19.00, 4202.21.30, 5402.31.30, 5402.31.60, 5402.32.30, 5607.49.25, 5607.49.30, 5607.50.25, 4202.21.60, 4202.21.90, 4202.22.15, 5402.32.60, 5402.33.30, 5402.33.60, 5607.50.35, 5607.50.40, 5608.11.00, 4202.22.40, 4202.22.45, 4202.22.60, 5402.39.30, 5402.39.60, 5402.41.90, 5608.19.10, 5608.19.20, 5608.90.10, 4202.22.70, 4202.22.80, 4202.29.10, 5402.43.10, 5402.43.90, 5402.59.00, 5608.90.27, 5609.00.10, 5609.00.30, 4202.29.20, 4202.29.50, 4202.29.90, 5402.61.00, 5402.62.00, 5402.69.00, 5609.00.40, 5701.10.16, 5701.10.40, 4202.31.60, 4202.32.40, 4202.32.80, 5403.10.30, 5403.10.60, 5403.20.30, 5701.10.90, 5701.90.10, 5701.90.20, 4202.32.85, 4202.32.95, 4202.91.00, 5403.20.60, 5403.31.00, 5403.32.00, 5702.10.90, 5702.31.10, 5702.31.20, 4202.92.15, 4202.92.20, 4202.92.30, 5403.39.00, 5403.41.00, 5403.49.00, 5702.32.10, 5702.32.20, 5702.39.20, 4202.92.45, 4202.92.60, 4202.92.90, 5404.10.80, 5405.00.30, 5406.10.00, 5702.41.10, 5702.41.20, 5702.42.10, 4202.99.10, 4202.99.20, 4202.99.30, 5406.20.00, 5407.10.00, 5407.20.00, 5702.42.20, 5702.49.10, 5702.49.20, 4202.99.50, 4202.99.90, 4203.10.40, 5407.30.10, 5407.30.90, 5407.42.00, 5702.51.20, 5702.51.40, 5702.52.00, 4203.29.05, 4203.29.08, 4203.29.15, 5407.43.10, 5407.43.20, 5407.44.00, 5702.59.10, 5702.59.20, 5702.91.30, 4203.29.18, 4203.29.20, 4203.29.30, 5407.53.10, 5407.53.20, 5407.61.11, 5702.91.40, 5702.92.00, 5702.99.10, 4203.29.40, 4203.29.50, 4405.00.00, 5407.61.19, 5407.61.21, 5407.61.29, 5703.10.00, 5703.20.10, 5703.20.20, 4412.19.50, 4421.10.00, 4421.90.40, 5407.61.91, 5407.61.99, 5407.69.10, 5703.30.00, 5704.10.00, 5704.90.00, 4421.90.80, 4421.90.85, 5112.11.10, 5407.69.20, 5407.69.30, 5407.69.40, 5705.00.20, 5801.10.00, 5801.21.00, 5112.11.20, 5112.19.20, 5112.19.90, 5407.69.90, 5407.71.00, 5407.72.00, 5801.23.00, 5801.24.00, 5801.26.00, 5205.11.10, 5205.11.20, 5205.12.10, 5407.73.10, 5407.73.20, 5407.74.00, 5801.31.00, 5801.33.00, 5801.34.00, 5205.12.20, 5205.13.10, 5205.13.20, 5407.81.00, 5407.82.00, 5407.83.00, 5801.36.00, 5802.11.00, 5802.19.00, 5205.14.10, 5205.14.20, 5205.15.10, 5407.84.00, 5407.91.05, 5407.91.10, 5802.20.00, 5802.30.00, 5803.10.00, 5205.15.20, 5205.21.00, 5205.22.00, 5407.91.20, 5407.92.05, 5407.92.10, 5803.90.11, 5803.90.12, 5803.90.20, 5205.23.00, 5205.24.00, 5205.26.00, 5407.92.20, 5407.93.05, 5407.93.10, 5803.90.30, 5803.90.40, 5804.30.00, 5205.27.00, 5205.28.00, 5205.31.00, 5407.93.15, 5407.93.20, 5407.94.05, 5805.00.30, 5805.00.40, 5806.10.10, 5205.32.00, 5205.33.00, 5205.34.00, 5407.94.10, 5407.94.20, 5408.10.00, 5806.10.24, 5806.10.28, 5806.10.30, 5205.35.00, 5205.41.00, 5205.42.00, 5408.21.00, 5408.22.10, 5408.22.90, 5806.20.00, 5806.31.00, 5806.32.10, 5205.43.00, 5205.44.00, 5205.46.00, 5408.23.11, 5408.23.19, 5408.23.21, 5806.32.20, 5806.40.00, 5807.10.05, 5205.47.00, 5205.48.00, 5206.11.00, 5408.23.29, 5408.24.10, 5408.24.90, 5807.10.15, 5807.10.20, 5807.90.05, 5206.12.00, 5206.13.00, 5206.14.00, 5408.31.05, 5408.31.10, 5408.31.20, 5807.90.15, 5807.90.20, 5808.10.70, 5206.15.00, 5206.21.00, 5206.22.00, 5408.32.05, 5408.32.10, 5408.32.30, 5808.10.90, 5808.90.00, 5809.00.00, 5206.23.00, 5206.24.00, 5206.25.00, 5408.32.90, 5408.33.05, 5408.33.10, 5810.10.00, 5810.91.00, 5810.92.10, 5206.31.00, 5206.32.00, 5206.33.00, 5408.33.15, 5408.33.30, 5408.33.90, 5810.92.90, 5810.99.10, 5810.99.90, 5206.34.00, 5206.35.00, 5206.41.00, 5408.34.05, 5408.34.10, 5408.34.30, 5811.00.10, 5811.00.20, 5811.00.30, 5206.42.00, 5206.43.00, 5206.44.00, 5408.34.90, 5501.10.00, 5501.20.00, 5811.00.40, 5901.10.10, 5901.10.20, 5206.45.00, 5207.10.00, 5207.90.00, 5501.90.00, 5502.00.00, 5503.40.00, 5901.90.20, 5901.90.40, 5902.10.00, 5208.11.20, 5208.11.40, 5208.11.60, 5503.90.90, 5506.90.00, 5509.11.00, 5902.20.00, 5902.90.00, 5903.10.18, 5208.11.80, 5208.12.40, 5208.12.60, 5509.12.00, 5509.21.00, 5509.22.00, 5903.10.25, 5903.10.30, 5903.20.10, 5208.12.80, 5208.19.40, 5208.19.60, 5509.31.00, 5509.32.00, 5509.41.00, 5903.20.18, 5903.20.25, 5903.20.30, 5208.19.80, 5208.21.20, 5208.21.40, 5509.42.00, 5509.51.30, 5509.51.60, 5903.90.18, 5903.90.25, 5903.90.30, 5208.21.60, 5208.22.40, 5208.22.60, 5509.52.00, 5509.53.00, 5509.59.00, 5905.00.90, 5906.91.10, 5906.91.25, 5208.22.80, 5208.29.40, 5208.29.60, 5509.61.00, 5509.62.00, 5509.69.20, 5906.91.30, 5906.99.10, 5906.99.25, 5208.29.80, 5208.31.40, 5208.31.60, 5509.69.40, 5509.69.60, 5509.91.00, 5906.99.30, 5907.00.15, 5907.00.35, 5208.31.80, 5208.32.30, 5208.32.40, 5509.92.00, 5509.99.20, 5509.99.40, 5907.00.60, 5907.00.80, 5908.00.00, 5208.32.50, 5208.39.40, 5208.39.60, 5509.99.60, 5510.11.00, 5510.12.00, 5909.00.20, 5910.00.90, 5911.31.00, 5208.39.80, 5208.41.40, 5208.41.60, 5510.20.00, 5510.30.00, 5510.90.20, 5911.32.00, 6001.10.20, 6001.10.60, 5208.41.80, 5208.42.30, 5208.42.40, 5510.90.40, 5510.90.60, 5511.10.00, 6001.21.00, 6001.22.00, 6001.29.00, 5208.42.50, 5208.43.00, 5208.49.20, 5511.20.00, 5511.30.00, 5512.11.00, 6001.91.00, 6001.92.00, 6001.99.10, 5208.49.40, 5208.49.60, 5208.49.80, 5512.19.00, 5512.91.00, 5512.99.00, 6001.99.90, 6002.10.40, 6002.10.80, 5208.51.40, 5208.51.60, 5208.51.80, 5513.11.00, 5513.12.00, 5513.13.00, 6002.20.10, 6002.20.30, 6002.20.60, 5208.52.30, 5208.52.40, 5208.52.50, 5513.19.00, 5513.21.00, 5513.22.00, 6002.20.90, 6002.30.20, 6002.30.90, 5208.59.40, 5208.59.60, 5208.59.80, 5513.23.00, 5513.29.00, 5513.31.00, 6002.41.00, 6002.42.00, 6002.43.00, 5209.11.00, 5209.19.00, 5209.21.00, 5513.32.00, 5513.33.00, 5513.39.00, 6002.49.00, 6002.91.00, 6002.92.10, 5209.29.00, 5209.31.60, 5209.39.00, 5513.41.00, 5513.42.00, 5513.43.00, 6002.92.90, 6002.93.00, 6002.99.10, 5209.41.60, 5209.43.00, 5209.49.00, 5513.49.00, 5514.11.00, 5514.12.00, 6002.99.90, 6101.10.00, 6101.20.00, 5209.51.60, 5209.59.00, 5210.11.40, 5514.13.00, 5514.19.00, 5514.21.00, 6101.30.15, 6101.90.10, 6101.90.90, 5210.11.60, 5210.11.80, 5210.19.40, 5514.22.00, 5514.23.00, 5514.29.00, 6102.10.00, 6102.20.00, 6102.30.10, 5210.19.60, 5210.19.80, 5210.21.40, 5514.31.00, 5514.32.00, 5514.33.00, 6102.90.10, 6102.90.90, 6103.11.00, 5210.21.60, 5210.21.80, 5210.29.40, 5514.39.00, 5514.41.00, 5514.42.00, 6103.12.10, 6103.12.20, 6103.19.10, 5210.29.60, 5210.29.80, 5210.31.40, 5514.43.00, 5514.49.00, 5515.11.00, 6103.19.15, 6103.19.20, 6103.19.60, 54674 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

6103.19.90, 6103.21.00, 6103.22.00, 6204.43.40, 6204.44.30, 6204.44.40, 6505.90.70, 6505.90.80, 6505.90.90, 6103.23.00, 6103.29.10, 6103.29.20, 6204.49.50, 6204.51.00, 6204.52.20, 6907.90.00, 6908.90.00, 6910.10.00, 6103.31.00, 6103.32.00, 6103.33.10, 6204.53.20, 6204.53.30, 6204.59.20, 6912.00.20, 7005.21.10, 7005.21.20, 6103.33.20, 6103.39.10, 6103.39.80, 6204.59.30, 6204.59.40, 6204.61.10, 7005.29.08, 7005.29.18, 7207.12.00, 6103.41.10, 6103.41.20, 6103.42.10, 6204.61.90, 6204.62.40, 6204.63.25, 7207.20.00, 7210.20.00, 7210.30.00, 6103.43.10, 6103.49.80, 6104.11.00, 6204.69.20, 6204.69.60, 6205.10.20, 7210.49.00, 7212.60.00, 7214.20.00, 6104.12.00, 6104.13.10, 6104.13.20, 6205.20.20, 6205.30.15, 6205.30.20, 7214.30.00, 7214.91.00, 7214.99.00, 6104.19.10, 6104.19.15, 6104.19.80, 6205.90.30, 6206.10.00, 6206.20.20, 7215.10.00, 7215.50.00, 7216.10.00, 6104.21.00, 6104.22.00, 6104.23.00, 6206.20.30, 6206.40.20, 6206.40.25, 7216.21.00, 7216.22.00, 7216.31.00, 6104.29.10, 6104.29.20, 6104.31.00, 6206.40.30, 6206.90.00, 6207.21.00, 7216.32.00, 7216.33.00, 7216.40.00, 6104.32.00, 6104.33.10, 6104.33.20, 6207.22.00, 6207.29.90, 6207.91.10, 7216.50.00, 7219.21.00, 7219.22.00, 6104.39.10, 6104.39.20, 6104.41.00, 6207.91.30, 6207.92.20, 6207.92.40, 7219.31.00, 7220.11.00, 7221.00.00, 6104.42.00, 6104.43.10, 6104.43.20, 6207.99.20, 6207.99.40, 6207.99.90, 7222.11.00, 7222.19.00, 7222.20.00, 6104.44.10, 6104.44.20, 6104.49.90, 6208.11.00, 6208.21.00, 6208.22.00, 7222.30.00, 7223.00.10, 7223.00.50, 6104.51.00, 6104.52.00, 6104.53.10, 6208.29.90, 6208.91.10, 6208.91.30, 7223.00.90, 7224.90.00, 7225.30.10, 6104.53.20, 6104.59.10, 6104.59.80, 6208.92.00, 6208.99.20, 6208.99.50, 7225.30.30, 7225.30.50, 7225.30.70, 6104.61.00, 6104.62.20, 6104.63.15, 6209.10.00, 6209.20.10, 6209.20.20, 7225.40.10, 7225.40.30, 7225.40.50, 6104.69.80, 6105.10.00, 6105.20.10, 6209.20.30, 6209.20.50, 6209.30.10, 7225.40.70, 7225.50.10, 7225.50.60, 6105.20.20, 6105.90.10, 6105.90.80, 6209.30.20, 6209.30.30, 6209.90.10, 7225.50.70, 7225.50.80, 7226.91.25, 6106.10.00, 6106.20.10, 6106.20.20, 6209.90.20, 6209.90.30, 6209.90.50, 7226.91.70, 7226.91.80, 7227.10.00, 6106.90.10, 6106.90.25, 6106.90.30, 6209.90.90, 6210.10.20, 6210.10.50, 7227.90.10, 7227.90.20, 7227.90.60, 6107.21.00, 6107.22.00, 6107.29.20, 6210.10.70, 6210.10.90, 6210.20.30, 7228.10.00, 7228.20.10, 7228.20.50, 6107.29.90, 6107.91.00, 6107.92.00, 6210.20.50, 6210.20.70, 6210.20.90, 7228.30.20, 7228.30.60, 7228.30.80, 6107.99.20, 6107.99.90, 6108.31.00, 6210.30.30, 6210.30.50, 6210.30.70, 7228.40.00, 7228.50.10, 7228.50.50, 6108.32.00, 6108.39.10, 6108.91.00, 6210.30.90, 6210.40.30, 6210.40.50, 7228.60.10, 7228.60.60, 7228.60.80, 6108.92.00, 6108.99.20, 6109.90.15, 6210.40.70, 6210.40.90, 6210.50.30, 7228.70.30, 7228.70.60, 7229.10.00, 6109.90.80, 6110.10.10, 6110.10.20, 6210.50.50, 6210.50.70, 6210.50.90, 7307.19.90, 7308.90.30, 7308.90.60, 6110.20.10, 6110.20.20, 6110.30.15, 6211.20.15, 6211.20.44, 6211.20.48, 7312.10.30, 7312.10.50, 7312.10.60, 6110.90.90, 6111.10.00, 6111.20.10, 6211.20.74, 6211.20.78, 6211.31.00, 7312.10.70, 7312.10.90, 7318.15.20, 6111.20.20, 6111.20.30, 6111.20.40, 6211.32.00, 6211.33.00, 6211.39.90, 7318.15.40, 7318.15.60, 7318.15.80, 6111.20.50, 6111.20.60, 6111.30.10, 6211.41.00, 6211.42.00, 6211.43.00, 7614.10.10, 8213.00.90, 8544.51.70, 6111.30.20, 6111.30.30, 6111.30.40, 6211.49.10, 6211.49.90, 6212.90.00, 8544.51.90, 8712.00.15, 8712.00.25, 6111.30.50, 6111.90.10, 6111.90.20, 6213.10.20, 6213.90.10, 6213.90.20, 8712.00.35, 8712.00.44, 8712.00.48, 6111.90.30, 6111.90.40, 6111.90.50, 6214.10.20, 6214.20.00, 6214.30.00, 8714.91.30, 8714.91.50, 8714.91.90, 6111.90.70, 6111.90.90, 6112.11.00, 6214.40.00, 6214.90.00, 6215.10.00, 8714.92.10, 8714.93.35, 8714.95.00, 6112.19.80, 6112.20.20, 6113.00.10, 6215.20.00, 6215.90.00, 6216.00.13, 8714.96.10, 8714.96.90, 8714.99.80, 6113.00.90, 6114.10.00, 6114.20.00, 6216.00.17, 6216.00.19, 6216.00.21, 9101.11.40, 9101.11.80, 9102.11.10, 6114.30.30, 6114.90.10, 6114.90.90, 6216.00.24, 6216.00.26, 6216.00.29, 9102.11.25, 9102.11.30, 9102.11.45, 6115.11.00, 6115.12.20, 6115.19.40, 6216.00.31, 6216.00.38, 6216.00.41, 9102.11.50, 9102.11.65, 9102.11.70, 6115.19.80, 6115.20.10, 6115.20.90, 6217.10.10, 6217.10.85, 6217.10.95, 9102.11.95, 9102.91.40, 9102.91.80, 6115.91.00, 6115.92.60, 6115.92.90, 6217.90.10, 6217.90.90, 6302.21.30, 9108.11.40, 9108.11.80, 9612.10.90. 6115.93.60, 6115.93.90, 6115.99.14, 6302.21.50, 6302.21.70, 6302.21.90, 6115.99.18, 6115.99.40, 6115.99.80, 6302.22.10, 6302.22.20, 6302.29.00, Annex II 6116.10.13, 6116.10.17, 6116.10.44, 6302.31.30, 6302.31.50, 6302.31.70, Headings and subheadings in the 6116.10.48, 6116.10.55, 6116.10.65, 6302.31.90, 6302.32.10, 6302.32.20, Mexican Tariff Schedule of the General 6116.10.75, 6116.10.95, 6116.92.64, 6302.39.00, 6302.91.00, 6304.19.05, Import Duty Act containing products to 6116.92.74, 6116.92.88, 6116.92.94, 6304.19.10, 6304.19.15, 6304.19.20, 6116.93.88, 6116.93.94, 6116.99.48, 6304.19.30, 6307.90.30, 6307.90.40, be considered for accelerated removal of 6116.99.54, 6116.99.95, 6117.10.10, 6307.90.50, 6307.90.60, 6307.90.68, duty on goods of the United States 6117.10.20, 6117.10.60, 6117.20.10, 6307.90.72, 6307.90.75, 6307.90.89, under the North American Free Trade 6117.20.90, 6117.80.10, 6117.80.85, 6401.10.00, 6401.91.00, 6401.92.90, Agreement (NAFTA). This list is for 6117.80.95, 6117.90.10, 6117.90.90, 6401.99.30, 6401.99.60, 6401.99.90, information purposes only and contains 6201.11.00, 6201.12.20, 6201.13.30, 6402.19.05, 6402.30.30, 6402.30.50, only those subheadings which are 6201.91.10, 6201.91.20, 6201.92.15, 6402.30.70, 6402.30.80, 6402.30.90, currently dutiable for U.S. exports to 6201.92.20, 6201.93.25, 6202.11.00, 6402.91.40, 6402.91.50, 6402.91.60, Mexico under NAFTA. Please refer to 6202.12.20, 6202.13.30, 6202.91.10, 6402.91.70, 6402.91.80, 6402.91.90, the Government of Mexico for the 6202.91.20, 6202.92.15, 6202.92.20, 6402.99.05, 6402.99.10, 6402.99.18, 6202.93.40, 6203.11.10, 6203.11.20, 6402.99.20, 6402.99.30, 6402.99.60, complete and official list. 6203.12.10, 6203.12.20, 6203.19.10, 6402.99.70, 6402.99.80, 6402.99.90, 02031101, 02031201, 02031999, 02032101, 6203.19.20, 6203.19.30, 6203.19.90, 6403.19.10, 6403.19.30, 6403.19.50, 02032201, 02032999, 02063001, 02063099, 6203.21.00, 6203.22.10, 6203.22.30, 6403.40.30, 6403.40.60, 6403.51.30, 02064101, 02064999, 02090001, 02090099, 6203.23.00, 6203.29.20, 6203.29.30, 6403.51.60, 6403.51.90, 6403.59.30, 02101101, 02101201, 02101999, 04013001, 6203.31.00, 6203.32.10, 6203.32.20, 6403.59.60, 6403.59.90, 6403.91.30, 04013099, 04021001, 04021099, 04022101, 6203.33.10, 6203.33.20, 6203.39.10, 6403.91.60, 6403.91.90, 6403.99.20, 04022199, 04022999, 04029101, 04029199, 6203.39.20, 6203.39.90, 6203.41.05, 6403.99.40, 6403.99.60, 6403.99.75, 04029901, 04029999, 04031001, 04039099, 6203.41.15, 6203.41.20, 6203.42.40, 6403.99.90, 6404.11.20, 6404.11.50, 04041001, 04041099, 04049099, 04051001, 6203.43.30, 6204.11.00, 6204.12.00, 6404.11.60, 6404.11.70, 6404.11.80, 04051099, 04052001, 04059099, 04061001, 6204.13.10, 6204.13.20, 6204.19.10, 6404.19.15, 6404.19.20, 6404.19.25, 04062001, 04063001, 04063099, 04064001, 6204.19.20, 6204.19.80, 6204.21.00, 6404.19.30, 6404.19.35, 6404.19.50, 04069001, 04069002, 04069003, 04069004, 6204.22.10, 6204.22.30, 6204.23.00, 6404.19.60, 6404.19.70, 6404.19.80, 04069005, 04069006, 04069099, 07019099, 6204.29.20, 6204.29.40, 6204.31.10, 6404.20.20, 6404.20.40, 6404.20.60, 07020001, 07020099, 07031001, 07041001, 6204.31.20, 6204.32.10, 6204.32.20, 6405.10.00, 6405.20.30, 6405.20.90, 07041002, 07041099, 07049001, 07051101, 6204.33.10, 6204.33.40, 6204.33.50, 6405.90.90, 6406.10.05, 6406.10.10, 07051999, 07070001, 07092099, 07094001, 6204.39.20, 6204.39.30, 6204.39.80, 6406.10.20, 6406.10.45, 6505.90.15, 07094099, 07095101, 07096099, 07101001, 6204.41.10, 6204.41.20, 6204.42.20, 6505.90.20, 6505.90.25, 6505.90.30, 07108002, 07108003, 07108004, 07108099, 6204.42.30, 6204.43.20, 6204.43.30, 6505.90.40, 6505.90.50, 6505.90.60, 07109099, 07122001, 07129001, 07129002, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54675

07129003, 07133399, 07149001, 07149002, 29334001, 29334005, 29334010, 29334099, 40169907, 40169909, 40169910, 40169999, 08054001, 08071101, 08071901, 08071999, 29339003, 29339006, 29339016, 29339018, 42021101, 42021201, 42021999, 42022101, 08093001, 08111001, 08129001, 08129002, 29339021, 29339028, 29339047, 29339051, 42022201, 42022999, 42023101, 42023201, 09042001, 10011001, 10019099, 10030002, 29339058, 29339059, 29349001, 29349004, 42023999, 42029101, 42029201, 42029999, 10030099, 10061001, 10062001, 10063001, 29349005, 29349007, 29349010, 29349012, 42031001, 42031099, 42032901, 42032999, 10064001, 11031201, 11041101, 11041201, 29349014, 29349016, 29349020, 29349024, 42050099, 44011001, 44012101, 44012201, 11051001, 11052001, 11071001, 11072001, 29349028, 29349042, 29349043, 29349046, 44013001, 44020001, 44031001, 44032099, 11081301, 12010003, 12089001, 12089002, 29349054, 29349099, 29411001, 29411002, 44034999, 44039101, 44039201, 44039999, 12089099, 12141001, 12149001, 12149099, 29411003, 29411005, 29411006, 29411007, 44041001, 44041099, 44042002, 44042004, 15010001, 15071001, 15141001, 15149099, 29411008, 29411009, 29411010, 29411011, 44042099, 44050001, 44050002, 44061001, 15161001, 15162001, 15171001, 15179001, 29419002, 29419004, 29419008, 29419013, 44069099, 44071001, 44071002, 44071003, 15179002, 15179099, 16041301, 16041399, 29419017, 29419018, 29419019, 30021001, 44071099, 44072401, 44072499, 44072501, 17011101, 17011199, 17011201, 17011299, 30021002, 30021003, 30021004, 30021005, 44072601, 44072901, 44072999, 44079101, 17019101, 17019901, 17019999, 17023001, 30021006, 30021007, 30021008, 30021009, 44079299, 44079901, 44079902, 44079903, 17041001, 17049099, 18062099, 18063201, 30021010, 30021099, 30023099, 30039001, 44079904, 44079905, 44079999, 44101101, 18069001, 18069002, 18069099, 19011001, 30039002, 30039003, 30039004, 30039005, 44101999, 44109001, 44109002, 44109099, 19011099, 19012001, 19012002, 19012099, 30039006, 30039007, 30039008, 30039009, 44111101, 44111999, 44112101, 44112999, 19019001, 19019002, 19019003, 19019099, 30039010, 30039011, 30039012, 30039013, 44113101, 44113999, 44119101, 44119999, 20019001, 20019002, 20021001, 20029099, 30039014, 30039015, 30039016, 30039017, 44121301, 44121399, 44121499, 44121901, 20031001, 20041001, 20049099, 20052001, 30039018, 30039019, 30039020, 30039099, 44121902, 44121999, 44122201, 44122399, 20056001, 20057001, 20059001, 20059099, 30042001, 30042002, 30042003, 30042099, 44122999, 44129201, 44129399, 44129999, 20060002, 20060003, 20060099, 20079101, 30043101, 30043199, 30043201, 30044001, 44140001, 44151001, 44152001, 44152099, 20079904, 20081101, 20081199, 20083001, 30044002, 30044003, 30044099, 30049001, 44160001, 44160002, 44160003, 44160004, 20083002, 20083003, 20083004, 20083005, 30049002, 30049003, 30049004, 30049005, 44160099, 44170001, 44170099, 44181001, 20083006, 20083007, 20083008, 20087001, 30049006, 30049007, 30049008, 30049009, 44182001, 44183001, 44184001, 44189001, 20089201, 20089901, 20089999, 20091101, 30049010, 30049011, 30049012, 30049013, 44189099, 44190001, 44201001, 44209099, 20091901, 20091999, 20092001, 20093002, 30049014, 30049015, 30049016, 30049017, 44211001, 44219001, 44219002, 44219003, 20093099, 20094001, 20096001, 20099099, 30049018, 30049019, 30049020, 30049021, 44219004, 44219099, 48010001, 48010003, 21032001, 21032099, 21039099, 21050001, 30049023, 30049099, 30051001, 30051099, 48010004, 48010099, 48025201, 48025202, 21061001, 21061002, 21061003, 21061004, 30059001, 30059002, 30059099, 30061001, 48025299, 48041101, 48041901, 48041902, 21061099, 21069001, 21069002, 21069003, 30061002, 30061099, 30063001, 30063099, 48041999, 48044101, 48044901, 48044902, 21069004, 21069005, 21069006, 21069007, 32041101, 32041102, 32041301, 32041601, 48044999, 48051001, 48052201, 48081001, 21069008, 21069009, 21069099, 22011001, 32041702, 32041902, 32041903, 32041904, 48092001, 48101101, 48101102, 48101103, 22011099, 22019001, 22019002, 22019099, 32042003, 32042099, 32049001, 32049002, 48101104, 48101105, 48101106, 48101199, 22021001, 22030001, 22041001, 22042101, 32049003, 32049004, 32049005, 32049006, 48101299, 48102101, 48102199, 48102901, 22042102, 22042103, 22042104, 22042199, 32049099, 32131001, 32141001, 33021099, 48102999, 48162001, 48181001, 48182001, 22042999, 22043099, 22060001, 22082002, 33030001, 33030099, 33049901, 33049999, 48189099, 48191001, 48192001, 48194099, 22082003, 22082099, 23064001, 23091001, 33051001, 33059099, 33072001, 34011101, 48195099, 48201001, 48201099, 48202001, 23099001, 23099002, 23099004, 23099007, 34021101, 34021102, 34021103, 34021199, 51111101, 51111199, 51111901, 51111999, 23099008, 23099010, 23099011, 23099099, 34021301, 34021302, 34022003, 34022004, 51112001, 51112099, 51113001, 51113099, 27100002, 27100003, 27100006, 27100009, 34022005, 34022099, 34049001, 34049099, 51119099, 51121101, 51121199, 51121901, 27100010, 27100099, 27111201, 27111401, 34070099, 35061001, 35061002, 35061099, 51121902, 51121999, 51122001, 51122099, 27111903, 27111999, 27112101, 27112999, 35069101, 35069102, 35069103, 35069104, 51123001, 51123002, 51123099, 51129099, 27122001, 28112201, 28151101, 28151201, 35069199, 37013001, 38021001, 38083002, 52051101, 52051201, 52051301, 52051401, 28321001, 28331101, 28334001, 28352301, 38083099, 38112101, 38112199, 38119099, 52051501, 52052101, 52052201, 52052301, 28353101, 28362001, 28413001, 28421001, 38220001, 38220002, 38220003, 38220004, 52052401, 52052601, 52052701, 52052801, 28470001, 29011001, 29011002, 29011003, 38220099, 38231301, 38247101, 38249006, 52053101, 52053201, 52053301, 52053401, 29011099, 29012101, 29031501, 29034301, 38249017, 38249018, 38249023, 38249024, 52053501, 52054101, 52054201, 52054301, 29034401, 29034599, 29034901, 29034902, 38249043, 38249049, 38249055, 38249058, 52054401, 52054601, 52054701, 52054801, 29034903, 29034904, 29034905, 29034999, 38249059, 38249060, 38249061, 38249099, 52061101, 52061201, 52061301, 52061401, 29051301, 29051601, 29051699, 29051701, 39021001, 39021099, 39031101, 39032001, 52061501, 52062101, 52062201, 52062301, 29051902, 29051906, 29051907, 29051999, 39033001, 39039001, 39039004, 39039005, 52062401, 52062501, 52063101, 52063201, 29053901, 29062101, 29091999, 29094901, 39039099, 39041001, 39041002, 39041099, 52063301, 52063401, 52063501, 52064101, 29094902, 29094903, 29094904, 29094905, 39042201, 39044099, 39052101, 39072003, 52064201, 52064301, 52064401, 52064501, 29094906, 29094907, 29094908, 29094909, 39072006, 39072099, 39089099, 39093001, 52071001, 52079099, 52081101, 52081201, 29094999, 29153101, 29153301, 29157001, 39093099, 39095001, 39095002, 39095099, 52081999, 52082101, 52082201, 52082999, 29157002, 29157003, 29157004, 29157005, 39119003, 39119004, 39119099, 39123101, 52083101, 52083201, 52083999, 52084101, 29157006, 29157007, 29157008, 29157009, 39123901, 39123902, 39123903, 39123904, 52084201, 52084301, 52084999, 52085101, 29157010, 29157011, 29157012, 29157099, 39123905, 39123999, 39169001, 39169002, 52085201, 52085999, 52091101, 52091999, 29159001, 29159002, 29159007, 29159011, 39169003, 39169004, 39169099, 39171001, 52092101, 52092999, 52093101, 52093999, 29159012, 29159015, 29159016, 29159017, 39171002, 39171099, 39173301, 39173399, 52094101, 52094299, 52094399, 52094999, 29159018, 29159021, 29159027, 29159099, 39181001, 39181099, 39191001, 39199099, 52095101, 52095999, 52101101, 52101199, 29161101, 29161201, 29161202, 29161203, 39201001, 39201002, 39201003, 39201004, 52101999, 52102101, 52102999, 52103101, 29161299, 29161401, 29161499, 29163999, 39201099, 39203001, 39203002, 39203003, 52103999, 52104101, 52104201, 52104999, 29173301, 29173499, 29173501, 29173601, 39203099, 39204101, 39204201, 39204202, 52105101, 52105999, 52111101, 52111199, 29173904, 29173999, 29181101, 29211101, 39204299, 39205101, 39221001, 39229099, 52111999, 52112101, 52112999, 52113101, 29211102, 29211103, 29211199, 29211201, 39232101, 39232901, 39232902, 39232999, 52113999, 52114101, 52114299, 52114399, 29211902, 29211903, 29211904, 29211905, 39233001, 39233099, 39235001, 39241001, 52114999, 52115101, 52115999, 52121101, 29211906, 29211907, 29211908, 29211912, 39249099, 39259099, 39269001, 39269002, 52121201, 52121301, 52121401, 52121501, 29211999, 29212101, 29212201, 29212901, 39269004, 39269005, 39269006, 39269007, 52122101, 52122201, 52122301, 52122401, 29212902, 29212903, 29212908, 29212909, 39269008, 39269011, 39269012, 39269013, 52122499, 52122501, 54021001, 54021002, 29212999, 29213001, 29221101, 29221199, 39269014, 39269015, 39269017, 39269018, 54021099, 54022001, 54022099, 54023101, 29224101, 29224199, 29224910, 29224923, 39269019, 39269021, 39269023, 39269024, 54023201, 54023301, 54023901, 54023999, 29224999, 29232001, 29232099, 29242901, 39269025, 39269027, 39269029, 39269031, 54024101, 54024102, 54024103, 54024104, 29242909, 29242913, 29242914, 29242928, 39269032, 39269099, 40169901, 40169902, 54024199, 54024301, 54024302, 54024399 29242933, 29242999, 29321101, 29332101, 40169903, 40169904, 40169905, 40169906, 54025901, 54025902, 54025903, 54025904, 54676 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

54025905, 54025999, 54026101, 54026199, 57025999, 57029101, 57029201, 57029999, 62064099, 62069099, 62072101, 62072201, 54026201, 54026299, 54026901, 54026902, 57031001, 57032001, 57032099, 57033001, 62072999, 62079101, 62079201, 62079999, 54026903, 54026904, 54026905, 54026999, 57033099, 57039099, 57041001, 57049099, 62081101, 62082101, 62082201, 62082999, 54031001, 54032001, 54032099, 54033101, 57050099, 58011001, 58012101, 58012201, 62089101, 62089201, 62089901, 62089902, 54033201, 54033999, 54034101, 54034999, 58012399, 58012401, 58012601, 58013101, 62091001, 62092001, 62093001, 62099099, 54041002, 54049099, 54050001, 54050099, 58013201, 58013399, 58013401, 58013601, 62101001, 62102099, 62103099, 62104099, 54061001, 54061002, 54061003, 54061099, 58021101, 58021999, 58022001, 58023001, 62105099, 62112099, 62113101, 62113201, 54062001, 54071001, 54071002, 54071099, 58031001, 58039001, 58039002, 58039003, 62113301, 62113999, 62114101, 62114201, 54072001, 54072099, 54073001, 54073002, 58039099, 58043001, 58050001, 58061001, 62114399, 62114999, 62129001, 62129099, 54073003, 54073099, 54074201, 54074301, 58061099, 58062001, 58062099, 58063101, 62131001, 62139099, 62141001, 62142001, 54074302, 54074303, 54074399, 54074401, 58063201, 58064001, 58064099, 58071001, 62143001, 62144001, 62149099, 62151001, 54075301, 54075302, 54075303, 54075399, 58079099, 58081001, 58089099, 58090001, 62152001, 62159099, 62160001, 62171001, 54076101, 54076102, 54076199, 54076901, 58101001, 58109101, 58109201, 58109999, 62179099, 63022101, 63022201, 63022999, 54076999, 54077101, 54077201, 54077301, 58110001, 59011001, 59019001, 59019002, 63023101, 63023201, 63023999, 63029101, 54077302, 54077303, 54077399, 54077401, 59019099, 59021001, 59022001, 59029099, 63041999, 63079001, 63079099, 64011001, 54078101, 54078201, 54078202, 54078203, 59031001, 59031099, 59032001, 59032099, 64019101, 64019201, 64019299, 64019999, 54078299, 54078301, 54078401, 54079101, 59039001, 59039099, 59041001, 59049101, 64021901, 64021902, 64021903, 64021999, 54079102, 54079103, 54079104, 54079105, 59049201, 59050001, 59061001, 59069101, 64023099, 64029101, 64029902, 64029903, 54079106, 54079107, 54079199, 54079201, 59069901, 59069902, 59069903, 59069999, 64029904, 64029905, 64029999, 64034001, 54079202, 54079203, 54079204, 54079205, 59070001, 59070002, 59070003, 59070004, 64035101, 64035102, 64035199, 64035901, 54079206, 54079299, 54079301, 54079302, 59070005, 59070006, 59070099, 59080001, 64035902, 64035999, 64039101, 64039102, 54079303, 54079304, 54079305, 54079306, 59080002, 59080003, 59080099, 59090001, 64039103, 64039199, 64039901, 64039902, 54079307, 54079399, 54079401, 54079402, 59100001, 59111001, 59113101, 59113201, 64039903, 64039904, 64039905, 64039999, 54079403, 54079404, 54079405, 54079406, 60011001, 60012101, 60012201, 60012901, 64041101, 64041102, 64041103, 64041199, 54079407, 54079499, 54081001, 54081002, 60012902, 60012999, 60019101, 60019201, 64041901, 64041902, 64041903, 64041999, 54081003, 54081004, 54081099, 54082101, 60019999, 60021001, 60021099, 60022001, 64042001, 64051001, 64052001, 64052099, 54082102, 54082103, 54082199, 54082201, 60022099, 60023001, 60023099, 60024101, 64059099, 64061002, 64061099, 65059001, 54082202, 54082203, 54082204, 54082299, 60024201, 60024301, 60024999, 60029101, 65059099, 68051001, 68051099, 68052001, 54082301, 54082302, 54082303, 54082304, 60029201, 60029299, 60029301, 60029999, 68053001, 69079099, 69089001, 69089099, 54082305, 54082399, 54082401, 54082499, 61011001, 61012001, 61013001, 61019099, 69101001, 69120001, 69120099, 70051001, 54083101, 54083102, 54083103, 54083104, 61021001, 61022001, 61023001, 61029099, 70051099, 70052101, 70052102, 70052199, 54083199, 54083201, 54083202, 54083203, 61031101, 61031201, 61031901, 61031902, 70052901, 70052902, 70052903, 70052999, 54083204, 54083205, 54083299, 54083301, 61031999, 61032101, 61032201, 61032301, 70071102, 70071103, 70071199, 70072101, 54083302, 54083303, 54083304, 54083399, 61032999, 61033101, 61033201, 61033301, 70072102, 70072199, 71131901, 71131902, 54083401, 54083402, 54083403, 54083499, 61033399, 61033901, 61033999, 61034101, 71131999, 71132001, 72071201, 72072001, 55011001, 55012001, 55012002, 55012003, 61034299, 61034301, 61034999, 61041101, 72103001, 72103099, 72104901, 72104999, 55012099, 55019099, 55020001, 55020099, 61041201, 61041301, 61041399, 61041901, 72126002, 72126099, 72142001, 72142099, 55031001, 55032001, 55032003, 55032099, 61041903, 61041999, 61042101, 61042201, 72143001, 72149101, 72149102, 72149199, 55039099, 55061001, 55062001, 55069099, 61042301, 61042999, 61043101, 61043201, 72149901, 72149902, 72149999, 72151001, 55091101, 55091201, 55092101, 55092201, 61043301, 61043399, 61043901, 61043999, 72155099, 72161001, 72162101, 72162201, 55093101, 55093201, 55094101, 55094201, 61044101, 61044201, 61044301, 61044399, 72163101, 72163102, 72163199, 72163201, 55095101, 55095201, 55095301, 55095999, 61044401, 61044499, 61044999, 61045101, 72163202, 72163299, 72163301, 72164001, 55096101, 55096201, 55096999, 55099101, 61045201, 61045301, 61045399, 61045901, 72165001, 72165099, 72192101, 72192201, 55099201, 55099999, 55101101, 55101201, 61045999, 61046101, 61046299, 61046301, 72193101, 72201101, 72210001, 72221101, 55102099, 55103099, 55109099, 55111001, 61046999, 61051001, 61051099, 61052001, 72221999, 72222001, 72223099, 72230001, 55112001, 55113001, 55121101, 55121999, 61059099, 61061001, 61061099, 61062001, 72230099, 72249099, 72253099, 72254099, 55129101, 55129999, 55131101, 55131201, 61062099, 61069001, 61069099, 61072101, 72255099, 72269199, 72271001, 72279001, 55131399, 55131999, 55132101, 55132201, 61072201, 61072999, 61079101, 61079201, 72279099, 72281001, 72281099, 72282001, 55132399, 55132999, 55133101, 55133201, 61079999, 61083101, 61083201, 61083901, 72282099, 72283001, 72283099, 72284001, 55133399, 55133999, 55134101, 55134201, 61089101, 61089201, 61089901, 61099099, 72284099, 72285001, 72285099, 72286001, 55134399, 55134999, 55141101, 55141201, 61101001, 61102001, 61103002, 61109099, 72286099, 72287001, 72291001, 73071901, 55141399, 55141999, 55142101, 55142201, 61111001, 61112001, 61113001, 61119099, 73071902, 73071903, 73071904, 73071906, 55142399, 55142999, 55143101, 55143299, 61121901, 61121999, 61122099, 61130001, 73071999, 73082001, 73089001, 73089002, 55143399, 55143999, 55144101, 55144201, 61141001, 61143001, 61149099, 61151101, 73089099, 73110001, 73110099, 73121001, 55144399, 55144999, 55151101, 55151201, 61151201, 61151999, 61152001, 61159101, 73121002, 73121005, 73121099, 73181502, 55151301, 55151399, 55151999, 55152101, 61159201, 61159301, 61159999, 61161099, 73181599, 73182299, 73202001, 73202003, 55152201, 55152299, 55152999, 55159101, 61169201, 61169301, 61169999, 61171001, 73202004, 73202099, 73211101, 73211102, 55159201, 55159299, 55159999, 55161101, 61171099, 61172001, 61178099, 61179099, 73211199, 74071001, 74071002, 74071099, 55161201, 55161301, 55161401, 55162101, 62011101, 62011299, 62011302, 62019101, 74072101, 74072102, 74072199, 74072201, 55162201, 55162301, 55162401, 55163101, 62019299, 62019301, 62021101, 62021299, 74072202, 74072299, 74072901, 74072902, 55163199, 55163201, 55163299, 55163301, 62021302, 62029101, 62029299, 62029301, 74072903, 74072904, 74072999, 74081101, 55163399, 55163401, 55163499, 55164101, 62031101, 62031201, 62031901, 62031999, 74081199, 74091101, 74094001, 74102199, 55164201, 55164301, 55164401, 55169101, 62032101, 62032201, 62032301, 62032999, 74111001, 74111002, 74111003, 74111004, 55169201, 55169301, 55169401, 56011001, 62033101, 62033201, 62033301, 62033399, 74111099, 74112101, 74112102, 74112103, 56012101, 56022101, 56022102, 56022199, 62033901, 62033903, 62033999, 62034101, 74112104, 74112199, 74112201, 74112202, 56031101, 56031201, 56031301, 56031399, 62034299, 62034301, 62041101, 62041201, 74112203, 74112204, 74112299, 76071903, 56031401, 56039101, 56039201, 56039301, 62041301, 62041399, 62041901, 62041903, 76071999, 76072099, 76129099, 76130001, 56039401, 56041001, 56042001, 56042002, 62041999, 62042101, 62042201, 62042301, 76141001, 76169901, 76169904, 76169905, 56042003, 56042004, 56042099, 56049001, 62042999, 62043101, 62043201, 62043301, 76169906, 76169907, 76169908, 76169909, 56049002, 56049003, 56049004, 56049005, 62043399, 62043901, 62043903, 62043999, 76169910, 76169911, 76169913, 76169999, 56049006, 56049007, 56049008, 56049009, 62044101, 62044299, 62044302, 62044399, 82055901, 82055902, 82055903, 82055904, 56049099, 56074999, 56075099, 56081101, 62044402, 62044499, 62044999, 62045101, 82055905, 82055906, 82055907, 82055908, 56081199, 56081999, 56089099, 56090001, 62045302, 62045399, 62045901, 62045905, 82055909, 82055911, 82055912, 82055913, 56090099, 57011001, 57019099, 57021001, 62045999, 62046101, 62046201, 62046301, 82055914, 82055915, 82055916, 82055917, 57023101, 57023201, 57023999, 57024101, 62046903, 62046999, 62051099, 62052099, 82055918, 82055919, 82055999, 82121001, 57024201, 57024999, 57025101, 57025201, 62053099, 62059099, 62062099, 62064002, 82121099, 82122001, 82129001, 82129099, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54677

82130001, 83013001, 83014001, 83017001, 87051001, 87120001, 87120002, 87120003, 5111.20, 5111.30, 5111.90, 5112.11, 5112.19, 83017099, 83023001, 83023099, 83024201, 87120004, 87168001, 87168002, 87168099, 5112.20, 5112.30, 5112.90, 5113.00, 83024202, 83024299, 83089099, 84131101, 90183901, 90183903, 90183905, 90183999, 5204.11.00, 5204.19.00, 5204.20.00, 84131199, 84143001, 84143002, 84143004, 90221201, 90221499, 90258001, 90262004, 5205.11.00, 5205.12.00, 5205.13.00, 84143005, 84143006, 84143007, 84143008, 90262006, 90328902, 90328903, 90328905, 5205.14.00, 5205.15.00, 5205.21.00, 84143099, 84149001, 84149002, 84149004, 90328906, 90328999, 90329001, 90329099, 5205.22.00, 5205.23.00, 5205.24.00, 84149006, 84149008, 84149009, 84149010, 91011101, 91021101, 91029101, 91081101, 5205.26.00, 5205.27.00, 5205.28.00, 84149099, 84151001, 84181001, 84181099, 94032099, 95010001, 95010002, 95010099, 5205.31.00, 5205.32.00, 5205.33.00, 84182101, 84183001, 84183002, 84183003, 95021001, 95029101, 95033001, 95033099, 5205.34.00, 5205.35.00, 5205.41.00, 84183004, 84183099, 84184001, 84184002, 95034101, 95034901, 95034902, 95034999, 5205.42.00, 5205.43.00, 5205.44.00, 84184003, 84184004, 84184099, 84186901, 95036001, 95036099, 95037001, 95037099, 5205.46.00, 5205.47.00, 5205.48.90, 84186902, 84186903, 84186904, 84186905, 95039001, 95039002, 95039003, 95039004, 5205.48.10, 5206.11.00, 5206.12.00, 84186907, 84186908, 84186909, 84186910, 95039005, 95039099, 96082001, 96121001, 5206.13.00, 5206.14.00, 5206.15.00, 84186911, 84186912, 84186913, 84186914, 96121002. 5206.21.00, 5206.22.00, 5206.23.00, 84186915, 84186916, 84186917, 84186999, 5206.24.00, 5206.25.00, 5206.31.00, 84189901, 84189902, 84189903, 84189904, Annex III 5206.32.00, 5206.33.00, 5206.34.00, 84189999, 84195001, 84195002, 84195003, Headings and subheadings in the the 5206.35.00, 5206.41.00, 5206.42.00, 84195099, 84198903, 84198904, 84198907, Customs Tariff of Canada that are 5206.43.00, 5206.44.00, 5206.45.00, 84198909, 84198911, 84198912, 84198914, proposed for accelerated duty 5207.10.00, 5207.90.00, 5208.11.90, 84198915, 84198916, 84198917, 84198918, 5208.12.00, 5208.13.00, 5208.19.00, 84198919, 84198920, 84198921, 84198922, elimination for goods of Mexico under 5208.19.00, 5208.21.00, 5208.22.90, 84198999, 84199001, 84199003, 84199099, the North American Free Trade 5208.23.00, 5208.29.00, 5208.29.00, 84213199, 84251999, 84264101, 84264102, Agreement (NAFTA). For 6, 4 and 2- 5208.31.00, 5208.32.90, 5208.33.00, 84264199, 84264901, 84264902, 84264999, digit headings, part or all of each 8-digit 5208.39.00, 5208.39.00, 5208.41.00, 84271001, 84271003, 84272001, 84272002, subheading contained within this 5208.42.90, 5208.43.00, 5208.49.00, 84272003, 84272004, 84272005, 84501101, heading is being considered for 5208.51.00, 5208.52.90, 5208.53.00, 84501199, 84502001, 84716013, 84798903, accelerated duty elimination. This list is 5208.59.00, 5208.59.00, 5209.11.00, 84798904, 84798905, 84798906, 84798907, for information purposes only. Please 5209.12.00, 5209.19.00, 5209.19.00, 84798908, 84798909, 84798910, 84798912, refer to the Government of Canada for 5209.21.00, 5209.22.00, 5209.29.00, 84798913, 84798914, 84798915, 84798916, 5209.29.00, 5209.31.00, 5209.32.00, 84798917, 84798918, 84798919, 84798921, the official list. 5209.39.00, 5209.39.00, 5209.41.00, 84798922, 84798923, 84798924, 84798999, 0203.11, 0203.12, 0203.19, 0203.21, 0203.22, 5209.42.00, 5209.42.00, 5209.43.00, 84812001, 84812003, 84812004, 84812005, 0203.29, 0206.30.00, 0206.41.00, 0206.49.00, 5209.49.00, 5209.51.00, 5209.52.00, 84812006, 84812007, 84812010, 84812011, 0209.00.10, 0210.11, 0210.12, 0210.19, 5209.59.00, 5209.59.00, 5210.11.00, 84812012, 84812099, 84818002, 84818004, 0603.10.90, 0701.90, 0702.00.91, 0703.10.31, 5210.11.00, 5210.12.00, 5210.19.00, 84818006, 84818010, 84818013, 84818015, 0704.90.21, 0706.10.11, 0706.10.12, 5210.19.00, 5210.21.00, 5210.22.00, 84818016, 84818018, 84818019, 84818020, 0707.00.91, 0707.00.10, 0710.80.10, 5210.29.00, 5210.29.00, 5210.31.00, 84818021, 84818022, 84818023, 84818099, 0710.80.10, 0710.80.20, 0710.90.00, 5210.32.00, 5210.39.00, 5210.39.00, 84819001, 84819004, 84819099, 84831001, 0711.40.00, 0713.31, 0713.32, 0713.33, 5210.41.00, 5210.42.00, 5210.49.00, 84831002, 84831003, 84831004, 84831006, 0713.39, 0713.40, 0811.10.10, 0811.10.90, 5210.51.00, 5210.52.00, 5210.59.00, 85011007, 85011009, 85011099, 85012002, 0812.20.00, 1001.10, 1001.90, 1003.00, 5210.59.00, 5211.11.00, 5211.11.00, 85012004, 85012099, 85013301, 85013303, 1103.12.00, 1104.11, 1104.12, 1107.10.11, 5211.12.00, 5211.19.00, 5211.19.00, 85013399, 85013401, 85013405, 85013499, 1107.10.12, 1107.10.91, 1107.10.92, 5211.21.00, 5211.22.00, 5211.29.00, 85014005, 85014006, 85014008, 85014009, 1107.20.11, 1107.20.12, 1107.20.91, 5211.29.00, 5211.31.00, 5211.32.00, 85014099, 85015204, 85015205, 85015299, 1107.20.92, 1208.90, 1214.10, 1214.90, 5211.39.00, 5211.39.00, 5211.41.00, 85015304, 85015305, 85015306, 85015307, 1501.00.00, 1514.10.00, 1514.90.00, 5211.42.00, 5211.42.00, 5211.43.00, 85015399, 85041001, 85041099, 85043101, 1516.10.00, 1516.20.00, 1517.10.00, 5211.49.00, 5211.51.00, 5211.52.00, 85043102, 85043103, 85043104, 85043105, 1517.90.91, 1604.13, 1701.99.00, 2002.90.00, 5211.59.00, 5211.59.00, 5212.11.20, 85043199, 85043201, 85043202, 85043203, 2004.10, 2004.90.10, 2004.90.20, 2005.20.00, 5212.11.10, 5212.11.90, 5212.12.10, 85043299, 85043301, 85043399, 85044001, 2005.60.00, 2007.99.10, 2009.50.00, 5212.12.20, 5212.12.90, 5212.13.90, 85044010, 85044011, 85044012, 85044013, 2103.20.10, 2103.20.90, 2201.10, 2201.90, 5212.13.10, 5212.13.20, 5212.14.10, 85044014, 85044099, 85061001, 85061002, 2202.10.00, 2203.00.00, 2306.40.00, 5212.14.20, 5212.14.90, 5212.15.10, 85061003, 85061004, 85061099, 85065001, 2309.10.00, 2309.90, 2903.43.00, 2903.44.00, 5212.15.20, 5212.15.90, 5212.21.10, 85065002, 85065003, 85065004, 85065099, 2903.45.00, 2903.49.00, 2903.49.00, 5212.21.20, 5212.21.90, 5212.22.10, 85071001, 85071099, 85091001, 85099002, 2909.19.00, 2909.49.00, 2915.70.00, 5212.22.20, 5212.22.90, 5212.23.10, 85099099, 85166001, 85166002, 85166003, 2917.33.00, 2917.34.00, 2921.19.00, 5212.23.20, 5212.23.90, 5212.24.10, 85166099, 85318001, 85318002, 85318003, 2921.21.00, 2921.22.00, 2932.11.00, 3005.10, 5212.24.20, 5212.24.99, 5212.25.10, 85318099, 85361003, 85361004, 85361099, 3214.10.00, 3822.00.00, 3822.00.00, 5212.25.20, 5212.25.90, 5401.10.00, 85362099, 85364901, 85364902, 85364903, 3903.20.90, 3903.20.10, 3904.40.00, 5401.20.00, 5402.10.90, 5402.10.10, 85364905, 85364999, 85365001, 85365007, 3916.90.90, 3917.10.12, 3918.10.90, 5402.20.90, 5402.31.00, 5402.32.90, 85365008, 85365009, 85365013, 85365099, 3919.10.99, 3920.10.00, 3920.30.00, 5402.33.00, 5402.39.00, 5402.39.00, 85366902, 85366999, 85369004, 85369005, 3920.30.00, 3920.41.00, 3924.90.00, 5402.41.90, 5402.41.90, 5402.41.90, 85369006, 85369011, 85369013, 85369014, 3925.90.00, 3926.90.99, 3926.90.99, 5402.43.10, 5402.43.90, 5402.49.90, 85369015, 85369016, 85369017, 85369018, 3926.90.99, 4015.11.00, 4015.19.00, 5402.49.90, 5402.49.90, 5402.51.00, 85369019, 85369020, 85369021, 85369022, 4202.11.00, 4202.12.10, 4202.12.90, 5402.51.00, 5402.52.90, 5402.52.10, 85369023, 85369024, 85369026, 85369030, 4202.19.00, 4202.21.00, 4202.22.10, 5402.52.90, 5402.59.00, 5402.59.00, 85369032, 85369099, 85371001, 85371002, 4202.22.90, 4202.29.00, 4202.31.00, 5402.59.00, 5402.61.00, 5402.61.00, 85371003, 85371004, 85371005, 85371006, 4202.32.10, 4202.32.90, 4202.39.00, 5402.62.00, 5402.62.00, 5402.69.00, 85371099, 85381001, 85389004, 85389005, 4202.91.19, 4202.91.90, 4202.92.19, 5402.69.00, 5402.69.00, 5403.10.00, 85389006, 85389099, 85442001, 85442099, 4202.92.91, 4202.92.99, 4202.92.11, 5403.20.00, 5403.20.00, 5403.33.00, 85444101, 85444102, 85444103, 85444104, 4202.99.90, 4203.10.00, 4203.10.00, 5403.39.00, 5403.42.00, 5403.49.00, 85444199, 85444901, 85444902, 85444903, 4203.21.90, 4203.29, 4205.00.00, 4303.10, 5404.10.90, 5404.10.90, 5404.10.90, 85444904, 85444999, 85445101, 85445102, 4303.90.00, Chapter 44, 4407, 4408, 4412, 5404.10.90, 5404.10.90, 5404.10.90, 85445103, 85445104, 85445199, 85445901, 4818.90.10, 4818.90.90, 4819.20, 4819.50, 5404.90.90, 5405.00.00, 5405.00.00, 85445902, 85445903, 85445904, 85445999, 5106.10, 5106.20, 5107.10, 5107.20, 5108.10, 5405.00.00, 5405.00.00, 5405.00.00, 85446001, 85446099, 86072101, 86072199, 5108.20, 5109.10, 5109.90, 5111.11, 5111.19, 5406.10.00, 5406.10.00, 5406.10.00, 54678 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

5406.10.00, 5406.20.00, 5407.10.00, 5601.22.10, 5601.22.20, 5601.29.10, 6107.11, 6107.12, 6107.19, 6107.21, 6107.22, 5407.10.00, 5407.10.00, 5407.20.00, 5601.29.20, 5602.10.10, 5602.10.91, 6107.29, 6107.91, 6107.92, 6107.99, 6108.11, 5407.20.00, 5407.30.00, 5407.30.00, 5602.10.99, 5602.21.00, 5602.21.00, 6108.19, 6108.21, 6108.22, 6108.29, 6108.31, 5407.30.00, 5407.30.00, 5407.41.00, 5602.21.00, 5602.29.00, 5602.90.00, 6108.32, 6108.39, 6108.91, 6108.92, 6108.99, 5407.42.00, 5407.43.00, 5407.43.00, 5603.00.93, 5603.11.19, 5603.11.91, 6109.10, 6109.90, 6110.10, 6110.20, 6110.30, 5407.43.00, 5407.43.00, 5407.44.00, 5603.11.92, 5603.11.99, 5603.12.19, 6110.90, 6111.10, 6111.20, 6111.30, 6111.90, 5407.51.00, 5407.52.00, 5407.53.00, 5603.12.91, 5603.12.92, 5603.12.99, 5603.13, 6112.11, 6112.12, 6112.19, 6112.20, 6112.31, 5407.53.00, 5407.53.00, 5407.53.00, 5603.14.11, 5603.14.19, 5603.14.91, 6112.39, 6112.41, 6112.49, 6113.00, 6114.10, 5407.54.00, 5407.61.10, 5407.61.90, 5603.14.92, 5603.14.99, 5603.91.10, 6114.20, 6114.30, 6114.90, 6115.11, 6115.12, 5407.61.90, 5407.69.00, 5407.69.00, 5603.91.20, 5603.91.30, 5603.91.90, 6115.19, 6115.20, 6115.91, 6115.92, 6115.93, 5407.71.00, 5407.72.00, 5407.73.00, 5603.92.10, 5603.92.20, 5603.92.30, 6115.99, 6116.10, 6116.91, 6116.92, 6116.93, 5407.73.00, 5407.73.00, 5407.73.00, 5603.92.90, 5603.93.10, 5603.93.20, 6116.99, 6117.10, 6117.20, 6117.80, 6117.90, 5407.74.00, 5407.81.00, 5407.82.00, 5603.93.30, 5603.93.90, 5603.94.10, 6201.11, 6201.12, 6201.13, 6201.19, 6201.91, 5407.82.00, 5407.82.00, 5407.82.00, 5603.94.20, 5603.94.30, 5603.94.90, 6201.92, 6201.93, 6201.99, 6202.11, 6202.12, 5407.83.00, 5407.84.00, 5407.91.00, 5604.10.00, 5604.20, 5604.90.00, 5604.90.00, 6202.13, 6202.19, 6202.91, 6202.92, 6202.93, 5407.91.00, 5407.91.00, 5407.91.00, 5604.90.00, 5604.90.00, 5604.90.00, 6202.99, 6203.11, 6203.12, 6203.19, 6203.21, 5407.91.00, 5407.91.00, 5407.91.00, 5604.90.00, 5604.90.00, 5604.90.00, 6203.22, 6203.23, 6203.29, 6203.31, 6203.32, 5407.91.00, 5407.92.00, 5407.92.00, 5604.90.00, 5605.00.00, 5606.00, 5607.10.10, 6203.33, 6203.39, 6203.41, 6203.42, 6203.43, 5407.92.00, 5407.92.00, 5407.92.00, 5607.10.20, 5607.29.10, 5607.29.20, 6203.49, 6204.11, 6204.12, 6204.13, 6204.19, 5407.92.00, 5407.92.00, 5407.93.00, 5607.30.10, 5607.30.20, 5607.49.10, 6204.21, 6204.22, 6204.23, 6204.29, 6204.31, 5407.93.00, 5407.93.00, 5407.93.00, 5607.49.20, 5607.50.10, 5607.50.20, 6204.32, 6204.33, 6204.39, 6204.41, 6204.42, 5407.93.00, 5407.93.00, 5407.93.00, 5607.90.10, 5607.90.20, 5608.11.00, 6204.43, 6204.44, 6204.49, 6204.51, 6204.52, 5407.93.00, 5407.94.00, 5407.94.00, 5608.11.00, 5608.19.90, 5608.90.00, 6204.53, 6204.59, 6204.61, 6204.62, 6204.63, 5407.94.00, 5407.94.00, 5407.94.00, 5609.00.00, 5609.00.00, 5701.10.10, 6204.69, 6205.10, 6205.20, 6205.30, 6205.90, 5407.94.00, 5407.94.00, 5408.10.00, 5701.90.10, 5702.10.00, 5702.31.00, 6206.10, 6206.20, 6206.30, 6206.40, 6206.90, 5408.10.00, 5408.10.00, 5408.10.00, 5702.32.00, 5702.39.00, 5702.41.00, 6207.11, 6207.19, 6207.21, 6207.22, 6207.29, 5408.10.00, 5408.21.00, 5408.21.00, 5702.42.00, 5702.49.00, 5702.51.00, 6207.91, 6207.92, 6207.99, 6208.11, 6208.19, 5408.21.00, 5408.21.00, 5408.22.90, 5702.52.00, 5702.59.90, 5702.91.00, 6208.21, 6208.22, 6208.29, 6208.91, 6208.92, 5408.22.90, 5408.22.90, 5408.22.10, 5702.92.00, 5702.99.90, 5703.10.10, 6208.99, 6209.10, 6209.20, 6209.30, 6209.90, 5408.22.90, 5408.23.90, 5408.23.90, 5703.20.10, 5703.20.10, 5703.30.10, 6210.10, 6210.20, 6210.30, 6210.40, 6210.50, 5408.23.90, 5408.23.90, 5408.23.10, 5703.30.10, 5703.90.10, 5704.10.00, 6211.11, 6211.12, 6211.20, 6211.31, 6211.32, 5408.23.90, 5408.24.10, 5408.24.90, 5704.90.00, 5705.00.00, 5801.10.00, 6211.33, 6211.39, 6211.41, 6211.42, 5408.31.00, 5408.31.00, 5408.31.00, 5801.21.00, 5801.22, 5801.23.10, 5801.23.20, 6211.43.90, 6211.49, 6212.10, 6212.20, 5408.31.00, 5408.31.00, 5408.32.00, 5801.24.00, 5801.26.00, 5801.31.00, 5801.32, 6212.30, 6212.90, 6213.10, 6213.20, 6213.90, 5408.32.00, 5408.32.00, 5408.32.00, 5801.33.00, 5801.34.00, 5801.36.00, 6214.10, 6214.20, 6214.30, 6214.40, 6214.90, 5408.32.00, 5408.32.00, 5408.33.00, 5801.90.90, 5802.11.10, 5802.11.90, 6215.10, 6215.20, 6215.90, 6216.00, 6217.10, 5408.33.00, 5408.33.00, 5408.33.00, 5802.19.00, 5802.20.00, 5802.30.00, 6217.90, 6302.60.00, 6302.91.00, 6401.10.20, 5408.33.00, 5408.34.00, 5408.34.00, 5803.10.90, 5803.90, 5804.10.10, 5804.10.90, 6401.10.10, 6401.91.10, 6401.91.20, 5408.34.00, 5408.34.00, 5501.10.00, 5804.21.00, 5804.29.00, 5804.30.10, 6401.92.92, 6401.92.21, 6401.92.91, 5501.20.00, 5501.20.00, 5501.20.00, 5804.30.90, 5805.00.90, 5806.10.10, 6401.92.12, 6401.92.22, 6401.99.11, 5501.20.00, 5501.90.00, 5502.00.00, 5806.10.90, 5806.20.00, 5806.20.00, 6401.99.19, 6401.99.20, 6402.12.20, 5502.00.00, 5503.10, 5503.20, 5503.40.00, 5806.31.10, 5806.31.20, 5806.31.30, 6402.19.90, 6402.20.10, 6402.30.00, 5503.40.00, 5503.90.00, 5504.90.00, 5506.10, 5806.31.90, 5806.32.00, 5806.39.90, 6402.91.00, 6402.99.00, 6402.99.00, 5506.20, 5506.90.00, 5508.10.00, 5508.20.00, 5806.39.90, 5806.40.00, 5806.40.00, 6402.99.00, 6402.99.00, 6402.99.00, 5509.11, 5509.11.00, 5509.12, 5509.21, 5807.10.10, 5807.10.20, 5807.90.00, 6403.12.20, 6403.19.20, 6403.20.00, 5509.22, 5509.31.00, 5509.32.00, 5509.41, 5808.10.00, 5808.90.00, 5809.00.00, 6403.30.00, 6403.40.00, 6403.51.00, 5509.42, 5509.51, 5509.52, 5509.53, 5509.59, 5810.10.00, 5810.91.10, 5810.91.90, 6403.51.00, 6403.51.00, 6403.59, 6403.91.00, 5509.61.00, 5509.62.00, 5509.69.00, 5509.91, 5810.92.00, 5810.99.00, 5811.00.10, 6403.91.00, 6403.91.00, 6403.99, 6404.11.11, 5509.92, 5509.99, 5510.11, 5510.12, 5510.20, 5811.00.20, 5811.00.90, 5901.10.00, 6404.11.91, 6404.19, 6404.20.00, 6405.10.00, 5510.30, 5510.90, 5511.10.00, 5511.20.00, 5901.90.90, 5901.90.90, 5902.10.00, 6405.20, 6405.90.00, 6406.10, 6406.20.10, 5511.30.00, 5512.11.00, 5512.19.00, 5902.20.00, 5902.90.00, 5903.10, 5903.20, 6406.20.20, 6406.99.90, 6406.99.30, 5512.21.00, 5512.29.00, 5512.91.00, 5903.90, 5904.10.00, 5904.91.10, 5904.91.90, 6805.30.90, 6910.10.10, 7005.10, 7005.21, 5512.99.00, 5513.11.00, 5513.12.00, 5904.92.00, 5905.00.99, 5906.10.10, 7005.29, 7007.11, 7007.21, 7210.20.20, 5513.13.00, 5513.19.00, 5513.21.00, 5906.10.20, 5906.91.10, 5906.91.20, 5906.99, 7210.49.00, 7212.60.00, 7214.99.00, 5513.22.00, 5513.23.00, 5513.29.00, 5907.00, 5908.00, 5909.00.10, 5909.00.90, 7216.22.00, 7216.50.00, 7219.21.00, 5513.31.00, 5513.32.00, 5513.33.00, 5910.00.10, 5910.00.90, 5911.10, 5911.20.00, 7221.00.00, 7223.00, 7228.60.00, 7307.19, 5513.39.00, 5513.41.00, 5513.42.00, 5911.31.00, 5911.32.00, 5911.40.00, 5911.90, 7308.20.00, 7308.90, 7312.10.90, 7318.15.00, 5513.43.00, 5513.49.00, 5514.11.00, 6001.10.00, 6001.21.00, 6001.22.00, 7318.15.00, 7318.22.00, 7321.11, 7607.19.10, 5514.12.00, 5514.13.00, 5514.19.00, 6001.29.00, 6001.29.00, 6001.29.00, 7607.19.10, 7607.19, 7607.19.10, 7614.10.00, 5514.21.00, 5514.22.00, 5514.23.00, 6001.91.00, 6001.92.00, 6001.99.00, 6002.10, 8212.90.00, 8301.30, 8301.40, 8301.70, 5514.29.00, 5514.31.00, 5514.32.90, 6002.20, 6002.30, 6002.41.00, 6002.42.10, 8302.42.00, 8418.10.10, 8418.10.90, 5514.33.00, 5514.39.00, 5514.41.00, 6002.42.20, 6002.42.90, 6002.43.10, 8418.21.90, 8425.19.00, 8450.11.10, 5514.42.00, 5514.43.00, 5514.49.00, 6002.43.90, 6002.49.10, 6002.49.20, 8504.31.00, 8536.69, 8536.90, 8536.90.30, 5515.11.00, 5515.12.00, 5515.13.00, 6002.49.90, 6002.91.00, 6002.92.10, 8544.41.90, 8544.51.10, 8544.51.90, 5515.13.00, 5515.19.00, 5515.21.00, 6002.92.90, 6002.93.00, 6002.99.00, 8544.51.90, 8544.60.90, 8607.21.00, 5515.22.00, 5515.22.00, 5515.29.00, 6101.10.00, 6101.20.00, 6101.30.00, 6101.90, 8712.00.00, 8712.00.00, 8712.00.00, 5515.91.00, 5515.92.00, 5515.92.00, 6102.10, 6102.20, 6102.30, 6102.90, 6103.11, 8712.00.00, 8712.00.00, 8716.80.20, 5515.99.00, 5516.11.00, 5516.12.00, 6103.12, 6103.19, 6103.21, 6103.22, 6103.23, 9101.11.00, 9102.11.00, 9401.80.10, 5516.13.00, 5516.14.00, 5516.21.00, 6103.29, 6103.31, 6103.32, 6103.33, 6103.39, 9401.80.90, 9403.20.00, 9403.70.10, 5516.22.00, 5516.23.00, 5516.24.00, 6103.41, 6103.42, 6103.43, 6103.49, 6104.11, 9403.70.90, 9501.00.00, 9502.10.00, 5516.31.00, 5516.31.00, 5516.32.00, 6104.12, 6104.13, 6104.19, 6104.21, 6104.22, 9502.91.00, 9503.30.00, 9503.41.00, 5516.32.00, 5516.33.00, 5516.33.00, 6104.23, 6104.29, 6104.31, 6104.32, 6104.33, 9503.49.00, 9503.60.00, 9503.70.10, 5516.34.00, 5516.34.00, 5516.41.00, 6104.39, 6104.41, 6104.42, 6104.43, 6104.44, 9503.70.90, 9503.90.00, 9506.70.12, 5516.42.00, 5516.43.00, 5516.44.00, 6104.49, 6104.51, 6104.52, 6104.53, 6104.59, 9603.29.00, 9603.40.90, 9608.20.00. 5516.91.00, 5516.92.00, 5516.93.00, 6104.61, 6104.62, 6104.63, 6104.69, 6105.10, [FR Doc. 97–27783 Filed 10–20–97; 8:45 am] 5516.94.00, 5601.10, 5601.21.10, 5601.21.20, 6105.20, 6105.90, 6106.10, 6106.20, 6106.90, BILLING CODE 3190±01±P Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54679

DEPARTMENT OF TRANSPORTATION (OMB) for review and clearance under material, allows specific guidelines for the Paperwork Reduction Act. The ICR safe carriage, or if determined that the Notice of Application for Certificates of concerns special permits for the material presents too great a hazard, to Public Convenience and Necessity and transportation and storage of hazardous deny permission for shipping the Foreign Air Carrier Permits Filed Under materials on board vessels. OMB material. Subpart Q During the Week Ending approval of the ICR was requested by Need: The U.S. Coast Guard October 10, 1997 October 6, 1997. administers and enforces laws and regulations for the safe transportation The following Applications for ADDRESSES: You may mail comments and stowage of hazardous materials, Certificates of Public Convenience and about the ICR to Commandant (G–SII– including bulk solids. Under 46 CFR Necessity and Foreign Air Carrier 2), U.S. Coast Guard Headquarters, part 148, the Coast Guard has the Permits were filed under subpart Q of Room 6106 (Attn: Barbara Davis), 2100 authority to issue Special Permits for the Department of Transportation’s Second St, SW., Washington, DC 20593– transportation and stowage of hazardous Procedural Regulations (See 14 CFR 0001, or deliver them to the same material on board vessels. 302.1701 et. seq.). The due date for address between 8:00 a.m. and 3:00 Answers, Conforming Applications, or p.m., Monday through Friday, except Dated: October 10, 1997. Motions to Modify Scope are set forth Federal holidays. The telephone number G.N. Naccara, below for each application. Following is (202) 267–2326. Rear Admiral, U.S. Coast Guard, Director of the Answer period DOT may process the DATES: Comments must be received on Information and Technology. application by expedited procedures. or before December 22, 1997. [FR Doc. 97–27744 Filed 10–20–97; 8:45 am] Such procedures may consist of the FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±14±M adoption of a show-cause order, a Barbara Davis, U.S. Coast Guard, Office tentative order, or in appropriate cases of Information Management, telephone a final order without further (202) 267–2326. DEPARTMENT OF TRANSPORTATION proceedings. Docket Number: OST–97–3000. SUPPLEMENTARY INFORMATION: Coast Guard Date Filed: October 10, 1997. Request for Comments [CGD 97±069] Due Date for Answers, Conforming The U.S. Coast Guard encourages Applications, or Motion to Modify interested persons to submit written Agency Information Collection Scope: November 7, 1997. views, comments, data, or arguments. Activities Under OMB Review Description: Application of Haiti Persons submitting comments should AGENCY: Aviation, S.A. d/b/a Air D’Ayiti, Coast Guard, DOT. include their names and addresses, ACTION: Notice. pursuant to 49 U.S.C. 41302, and identify this notice and give reasons for subpart Q of the Regulations, applies for each comment. The U.S. Coast Guard SUMMARY: In compliance with the a foreign air carrier permit to engage in requests that all comments and Paperwork Reduction Act of 1995, the scheduled foreign air transportation of attachments be submitted in an U.S. Coast Guard intends to request persons, property and mail between the unbound format no larger than 81⁄2 by renewals for five Information Collection co-terminal points Miami, FL, San Juan, 11 inches, suitable for copying and Requests (ICRs). These ICRs include: 1. PR, and New York, NY, on the one electronic filing. If that is not practical, U.S. Coast Guard Academy Preliminary hand, and Port-Au-Prince, Haiti, on the a second copy of any bound material is Application and Supplemental Forms; other hand, and beyond to Santo requested. Persons desiring 2. 33 CFR 157—Requirements for the Domingo, Dominican Republic; Puerto acknowledgement that their comments Installation and Use of Oil Discharge Plata, Dominican Republic; Caracas, have been received should enclose a Monitoring Equipment on Tank Vessels Venezuela; Isla Margarita, Venezuela; stamped, self-addressed post card or and International Oil Pollution Pointe-A-Pitre; Fort-de-France; Curacao; envelope. Prevention Certificate (IOPP); 3. and Aruba. A copy of the individual ICR, with Characteristics of Liquid Chemicals Paulette V. Twine, applicable supporting documentation Proposed for Bulk Water Movement; 4. Documentary Services. may be obtained by contacting Ms. Emergency Evacuation Plan For Manned [FR Doc. 97–27742 Filed 10–20–97; 8:45 am] Davis where indicated under Outer Continental Shelf (OCS) BILLING CODE 4910±62±P ADDRESSES. Facilities; and 5. Direct User Fees For The comments will become part of Inspection of Examination of U.S. and this docket [CGD–97–070] and will be Foreign Commercial Vessels. Before DEPARTMENT OF TRANSPORTATION available for inspection and copying by submitting the ICR packages to the appointment at the above address. Office of Management and Budget Coast Guard Information Collection Requests (OMB), the U.S. Coast Guard is asking [CGD 97±070] for comments on the collections as Title: Carriage of Bulk Solids described below. Requiring Special Handling. Agency Recordkeeping/Reporting DATES: OMB No.: 2115–0100. Comments must be received on Requirements Under Emergency or before December 22, 1997. Review by the Office of Management Frequency: On occasion. ADDRESSES: You may mail comments to and Budget (OMB) Burden Estimate: The estimated burden is 575 hours annually. Commandant (G–SII–2), U.S. Coast AGENCY: Coast Guard, DOT. Respondents: Solid Bulk Cargo Guard Headquarters, Room 6106 (Attn: ACTION: Notice. Vessel/Barge Owners or Operators. Barbara Davis), 2100 Second St., SW, Description: The information required Washington, DC 20593–0001, or deliver SUMMARY: The U.S. Coast Guard has to be submitted when applying for a them to the same address between 8:00 submitted for emergency processing an Special Permit allows the Coast Guard a.m. and 3:00 p.m., Monday through information collection request (ICR) to to make a determination as to the Friday, except Federal holidays. The the Office of Management and Budget severity of the hazard posed by the telephone number is (202) 267–2326. 54680 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

The comments will become part of this tons and above and each U.S. ship of Frequency: When facilities are docket and will be available for 400 gross tons and above that engage in established or when established inspection and copying by appointment international voyages are required to facilities undergo significant changes. at the above address. have an IOPP Certificate. This collection Burden Estimate: The estimated FOR FURTHER INFORMATION CONTACT: is a combination of OMB No. 2115–0526 burden is 3,460 hours annually. Barbara Davis, U.S. Coast Guard, Office and OMB No. 2115–0518 under one 5. Title: Direct User For Inspection or of Information Management, telephone OMB approval number. Examination of U.S. and Foreign (202) 267–2326. Need: 33 U.S.C. 1901–1911 requires Commercial Vessels. that MARPOL 73/78 requirements be OMB Control No.: 2115–0617. SUPPLEMENTARY INFORMATION: implemented in U.S. regulations. Summary: This collection requires the Request for Comments Respondents: Owners or operators of submission of identifying information U.S. flag tank vessels, 150 gross tons or such as vessel name, vessel The U.S. Coast Guard encourages more for discharge data. Owners or identification number and if the owner interested persons to submit written operator of U.S. flag oil tankers of 150 chooses to pay fees for future years, a views, comments, data, or arguments. gross tons and above and each U.S. ship written request to the Coast Guard is Persons submitting comments should of 400 gross tons and above that engage requested. include their names and addresses, in international voyages for IOPP Need: The Omnibus Budget identify this Notice and the specific ICR Certificates. Reconciliation Act of 1990, which to which each comment applies, and Frequency: On occasion and every amended 46 U.S.C. 2110, now requires give reasons for each comment. The U.S. five years. the Coast Guard to collect user fees from Coast Guard requests that all comments Burden Estimate: The estimated inspected vessels. In order to properly and attachments be submitted in an burden is 784 hours annually track the collection and management of unbound format no larger than 81⁄2 by 3. Title: Characteristics of Liquid fees, the Coast Guard must have current 11 inches, suitable for copying and Chemicals Proposed for Bulk Water identification information. This electronic filing. If that is not practical, Movement. collection helps to ensure that fee a second copy of any bound material is OMB Control No.: 2115–0016. collection is carried out efficiently. requested. Persons desiring Summary: The Coast Guard requires Respondents: Vessel owners of certain acknowledgement that their comments manufacturers of chemicals to submit inspected vessels. have been received should enclose a data on new materials. From this Frequency: Annually. stamped, self-addressed post card or information, the Coast Guard Burden Estimate: The estimated envelope. determines the appropriate precautions burden is 2,855 annually. to be taken. Interested persons can receive copies Dated October 10, 1997. of the complete ICR by contacting Ms. Need: Under 46 C.F.R. 30–40, 151, 153 and 154, the Coast Guard regulates G.N. Naccara, Davis where indicated under Rear Admiral, U.S. Coast Guard, Director of ADDRESSES. the transportation of hazardous materials. Due to the nature of the Information and Technology. Information Collection Requests chemical industry, new materials are [FR Doc. 97–27745 Filed 10–20–97; 8:45 am] 1. Title: U.S. Coast Guard Academy being produced which must be shipped. BILLING CODE 4910±14±M Preliminary Application and Each of these new materials has unique characteristics which require special Supplemental Forms. DEPARTMENT OF TRANSPORTATION OMB Control No. 2115–0012. attention to their mode of shipment. Repondents: Chemical manufacturers. Summary: The collection of Coast Guard information will require individuals Frequency: On occasion. Burden Estimate: The estimate burden who wish to compete for an [CGD 97±044] is 300 hours annually. appointment as a Coast Guard Cadet to 4. Title: Emergency Evacuation Plan Port Access Routes; Approaches to fill out Preliminary and Supplement (EEP) For Manned Outer Continental the Mississippi River via Southwest Application Forms. Shelf (OCS) Facilities. Pass, South Pass, Tiger Pass Including Need: Title 46 U.S.C. 211(a) OMB Control No.: 2115–0580. the Mississippi River Gulf Outlet authorizes the Superintendent of the Summary. This collection of U.S. Coast Guard Academy to ensure information requires the operators of AGENCY: Coast Guard, DOT. that qualified individuals have every manned OCS facilities, including ACTION: Notice of meeting; request for opportunity to compete for a cadet Mobile Offshore Drilling Units, comments. appointment (MODUs) to submit facility emergency Respondents: Men and Women evacuation plans (EEPs) to the U.S. SUMMARY: The Coast Guard is between the ages of 17 and 22. Coast Guard. conducting a study to evaluate the need Frequency: One time only. Need: Under 43 U.S.C. Section 133(d), for vessel routing or other traffic Burden Estimate: The estimated the Coast Guard has the authority to management measures in the burden is 6640 hours annually. promulgate and enforce reasonable Mississippi River. The Coast Guard will 2. Title: 33 CFR 157—Requirments for regulations promoting the safety of life conduct two public meetings to obtain the installation and use of oil discharge and property on OCS facilities. Pub. L. information from members of the monitoring equipment on tank vessels 99–509 required the coast Guard to regulated community and the general and International Oil Pollution issue regulations for the evacuation of public on impediments that interfere Prevention Certificate (IOPP). personnel from manned OCS facilities. with their mobility on the waterway. OMB control No.: 2115–0518. This information is used by the Coast The information will be used to evaluate Summary: This collection of Guard to ensure that these facilities the effectiveness of existing traffic information requires U.S. flag tank establish and maintain efficient and safe management measures as well as vessels, 150 gross tons or more, to methods for evacuation. identify other safety concerns. maintain oily mixture discharge data. Respondents: Operators of manned DATES: The meetings will be held Also U.S. flag oil tankers of 150 gross OCS facilities and MODUs. Wednesday, November 12, 1997 from 7 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54681 p.m. to 10 p.m. and on Thursday, For information on facilities or services for of Chief Counsel, FRA, 400 Seventh November 13, 1997, from 1 p.m. to 4 individuals with disabilities or to request Street, S.W., Washington, D.C. 20590 p.m. Written material must be received special assistance at the meetings, contact (telephone 202–632–3171) (e-mail not later than November 20, 1997. Mr. Monty Ledet at (504) 589–4686 as soon address: [email protected]) . as possible. ADDRESSES: The November 12, 1997, Dated: October 10, 1997. SUPPLEMENTARY INFORMATION: meeting will be held in the Buras Auditorium, 111 Auditorium Drive, T.H. Gilmour, Background Buras, LA. The November 13, 1997, Acting Assistant Commandant for Marine Section 20153 of Title 49 of the Safety and Environmental Protection. meeting will be held in the Basement United States Code authorizes DOT (and Conference Room, Hale Boggs Federal [FR Doc. 97–27746 Filed 10–20–97; 8:45 am] by delegation of the Secretary of Building, 501 Magazine Street, New BILLING CODE 4910±14±M Transportation, FRA) to prescribe Orleans, LA. Written comments may be regulations requiring that locomotive mailed to Commander (mov-1), Eighth DEPARTMENT OF TRANSPORTATION horns be sounded while each train is Coast Guard District, Hale Boggs Federal approaching and entering upon each Building, 501 Magazine Street, New Federal Railroad Administration public highway-rail grade crossing. The Orleans, LA 70130–3396, or may be statute also permits the Secretary to delivered to room 1341 at the same [FRA Docket No. RSGC±7±SPO, Notice No. exempt from the requirement to sound address between 8 a.m. and 3 p.m., 1l] the locomotive horn any category of rail Monday through Friday, except Federal RIN 2130±AA operations or categories of highway-rail holidays. Comments will become part of grade crossings for which this docket and will be available for Temporary Cessation of Sounding of supplementary safety measures fully inspection or copying at room 1341, Locomotive Horn compensate for the absence of the Eighth Coast Guard District office, warning provided by the horn. Section AGENCY: Federal Railroad between 8 a.m. and 3 p.m., Monday 20153(e)(1) states that ‘‘In order to through Friday, except Federal holidays. Administration (FRA), Department of Transportation (DOT). promote the quiet of communities FOR FURTHER INFORMATION CONTACT: affected by rail operations and the Mr. Monty Ledet, Commander, Eighth ACTION: Notice of interim final order and development of innovative safety Coast Guard District (m), Room 1341, request for comments. measures at highway-rail grade Hale Boggs Federal Building, 501 SUMMARY: FRA is issuing an Interim crossings, the Secretary may, in Magazine Street, New Orleans, LA Final Order in which The Burlington connection with demonstration of 70130–3396, telephone (504) 589–4686. Northern and Santa Fe Railway proposed new supplementary safety SUPPLEMENTARY INFORMATION: The Coast Company would be ordered to measures, order railroad carriers Guard initiated a port access route study temporarily cease the sounding of operating over one or more crossings to because of safety concerns raised by the locomotive horns at a specific crossing cease temporarily the sounding of Associated Branch Pilots and the Coast within Spokane County, Washington. locomotive horns at such crossings. Any Guard Marine Safety Office in New As provided by statute, the Secretary of such measures shall have been subject Orleans, LA. The study was announced Transportation, in order to promote the to testing and evaluation and deemed in the Federal Register on August 21, quiet of communities affected by rail necessary by the Secretary prior to 1997 (62 FR 44428). The notice of study operations and the development of actual use in lieu of the locomotive explained in detail the various traffic innovative safety measures at highway- horn.’’ management measures, i.e., traffic rail crossings, may, in connection with FRA has been requested by separation scheme, two-way route, demonstration of proposed new representatives of Spokane County, precautionary area, that may be used to supplementary safety measures, order a Washington, the Washington Utilities address any safety problems in the railroad to temporarily cease the and Transportation Commission, and study area. sounding of locomotive horns at such the Burlington Northern Santa Fe The study area encompasses the crossings. Railroad Company to order the approaches to the Mississippi River, the temporary cessation of sounding of DATES: Written comments must be Mississippi Gulf Outlet as well as the locomotive horns at two crossings in received by November 20, 1997. area offshore of southeast Louisiana Spokane County in order to demonstrate Comments received after that date will used by commercial vessels transiting to new and innovative engineering be considered to the extent possible and between these ports. The Coast solutions to prevent motorists from without incurring additional delay. Guard is trying to determine the scope entering onto highway-rail grade of any safety problems associated with ADDRESSES: Written comments should crossings equipped with fully vessel transit in this area. be submitted to the Docket Clerk, Office functioning grade crossing warning Attendance is open to the public. of Chief Counsel, Mail Stop 10, FRA, devices. The crossings which are the With advance notice, and as time 400 Seventh Street, S.W., Washington, subject of this Order are located at permits, members of the public may D.C. 20590. University Road within Spokane make oral presentations during the FOR FURTHER INFORMATION CONTACT: County, approximately five miles east of meeting. Persons wishing to make oral Bruce F. George, Staff Director, Highway the City of Spokane. Two parallel BNSF presentations should notify the person Rail Crossing and Trespasser Programs, tracks, each with a separate set of listed above under FOR FURTHER Office of Safety, FRA, 400 Seventh automatic grade crossing warning INFORMATION CONTACT no later than the Street, S.W., Washington, D.C. 20590 devices, cross University Road day before the meeting. The meetings (telephone: 202–632–3312); Grady C. approximately 100 feet south of State will be workshops to identify and Cothen, Jr., Deputy Associate Route 290 (Trent Avenue). prioritize the impediments which Administrator for Safety Standards, In order to institute this interfere with mobility on the waterway. FRA, 400 Seventh Street, S.W., demonstration project as soon as Written material may be submitted prior Washington, D.C. 20590 (telephone: possible, FRA is issuing this order on an to, during, or after the meetings. 202–632–3309; or Mark Tessler, Office interim basis. Upon compliance with 54682 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices the provisions contained in the order, Northern and Santa Fe Railway of state law, absent issuance of this BNSF will be required to cease Company (BNSF) and the Washington order. sounding of the locomotive horn at the Utilities and Transportation Accordingly, pursuant to 49 U.S.C. crossings under the terms of the order. Commission, and in consultation with 20153(e)(1), and in order to promote the FRA will revise the order, rescind it, or the Federal Railroad Administration quiet of Spokane County and to promote issue a final order without change, (FRA), has instituted a demonstration of the development of innovative safety depending on information contained in new and innovative engineering measures at highway-rail crossings, I any comments received. solutions to prevent motorists from hereby order the BNSF, during the term FRA has evaluated the proposed entering the public highway-rail grade of this order and in accordance with its actions in accordance with its crossing at University Road in Spokane provisions, to cease sounding of procedures for ensuring full County. locomotive horns on approach to and at consideration of the environmental 2. As part of the demonstration, and the above highway-rail crossing for a impact of FRA action, as required by the preliminary to the temporary cessation period of four months, beginning National Environmental Policy Act (42 of the sounding of locomotive horns at October 15, 1977 (or such later date as U.S.C. 4321 et seq.), other the crossing, Spokane County has tested Spokane County may request), subject to environmental statutes, Executive various configurations of non- the following conditions: Orders, and the DOT Order 5610.1c. It mountable median curbs. As configured (a) Non-mountable median curbs with has been determined that the proposed for the principal phases of the delineators as approved by the WUTC, actions will have a beneficial impact on demonstration, these curbs are of shall remain installed and shall be the environment by the cessation of the different dimensions in height and maintained at the crossing by Spokane sounding of locomotive horns. length than arrangements previously County; This action has been evaluated in evaluated and provide additional (b) All highway-rail grade crossing accordance with existing regulatory security for rail operations over the two- warning devices installed at the crossing policies and procedures and is track highway-rail crossing. Roadway are operating properly in accordance considered to be non-significant under geometry in the area is challenging. The with the provisions of 49 CFR part 234. DOT policies and procedures (44 FR maintainability of curbs, roadways, and In the event of a warning system 11304). This action will not have an highly visible delineators during winter malfunction as defined in 49 CFR 234.5, impact on a substantial number of small conditions also pose issues of interest an engineer operating a train through entities. for policy development. the crossing is not responsible for 3. As an integral part of this sounding the locomotive horn until he Federalism Implications demonstration, Spokane County or she has been informed of the warning This action has been analyzed in gathered data concerning base line system malfunction. accordance with the principles and safety risk and the impact on risk of (c) Advance warning signs, as criteria contained in Executive Order installing these proposed new approved by the WUTC shall be posted 12612. Inasmuch as implementation of supplementary safety measures. Data and maintained by Spokane County this order is, by its own terms, concerning responses to the automated advising motorists that locomotive dependent on the request of Spokane warning system by motor vehicle horns will not be sounded; County that such order be issued, and drivers was gathered by means of video (d) Spokane County, through an the purpose of the order is to enable the monitoring of driver behavior. FRA has authorized officer, requests in writing county to comply with the purposes of evaluated this and other data and finds that the sounding of the locomotive a Washington State statute, there are pursuant to 49 U.S.C. 20153 that the horn cease pursuant to the terms of this insufficient Federalism implications to proposed new supplementary safety order and serves such request on the warrant the preparation of a Federalism measures will fully compensate for the BNSF and the Associate Administrator Assessment. loss of the train horn as a warning for Safety, FRA, at least 14 days prior to device at this crossing. the date on which cessation is Public Participation 4. All engineering improvements requested; Interested parties are invited to comprising the demonstration have (e) Spokane County, in consultation participate in this proceeding by been tested and evaluated and are with the FRA Regional Administrator, submitting to the Docket Clerk written deemed necessary in lieu of the Region 8, provides for further data data, views, or comments. FRA does not locomotive horn. collection to determine the long-term anticipate scheduling a public hearing 5. Spokane County officials have effect on motorist behavior of the new in connection with these proceedings expressed a strong interest in engineering improvements at this since the facts do not appear to warrant establishing a quiet zone at this highway-rail crossing without use of a a hearing. If any interested party desires crossing, which is placed within a train-borne audible warning. an opportunity for oral comment, they segment of railroad exceeding one-half The Associate Administrator for should notify the FRA Docket Clerk at mile in length, making establishment of Safety is delegated the authority to the above listed address, in writing, a quiet zone clearly practicable. extend the period of this order, as before the end of the comment period 6. Issuance of this order will assist the appropriate, until the effective date of a and specify the basis for their request. FRA in gathering information and data final rule issued pursuant to 49 U.S.C. useful to development of final rules 20153, if the Associate Administrator Interim Final Order under 49 U.S.C. § 20153. for Safety determines that data Based on the above, FRA issues the 7. At the request of Spokane County developed during the initial following order: and the FRA, the BNSF has fully demonstration period confirms the cooperated in the exploration of options effectiveness of the subject engineering Interim Final Order to Temporarily for safety improvements at the improvements and periodic monitoring Cease Sounding of Locomotive Horns University Road crossing but considers continues to confirm this effectiveness. I find that: that the company is not able to Nothing in this order is intended to 1. Spokane County, Washington, in unilaterally cease use of the train horn prohibit an engineer from sounding the conjunction with The Burlington at University Road due to requirements locomotive horn to provide a warning to Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54683 vehicle operators, pedestrians, consummated on or soon after October Bureau of Alcohol, Tobacco and trespassers or crews on other trains in 15, 1997, the effective date of the Firearms (BATF) an emergency situation if, in the exemption. OMB Number: 1512–0024. engineer’s sole judgment, such action is The purpose of the proposed trackage Form Number: ATF F 1 (5320.1). appropriate in order to prevent rights is to permit the movement of coal Type of Review: Extension. imminent injury, death or property traffic directly between Monterey Mine Title: Application to Make and damage. This order does not require that No. 1 and Madison, IL, and on to Register Firearm. such warnings be provided nor does it Coffeen, IL, entirely via NW; and to Description: This form is used by the impose a legal duty to sound the eliminate costly delays in handling and public when applying to make a firearm locomotive horn in such situations. interchanges. that falls within the purview of the Nothing in this order excuses As a condition to this exemption, any National Firearms Act (NFA). The compliance with sections 214.339, employees affected by the trackage information supplied by the applicant 234.105, 234.106, and 234.107 of title rights will be protected by the on the form helps to establish the 49, Code of Federal Regulations, conditions imposed in Norfolk and applicant’s eligibility for approval of the concerning use of the locomotive horn Western Ry. Co.—Trackage Rights—BN, request. under circumstances therein described. 354 I.C.C. 605 (1978), as modified in Respondents: Individuals or Nothing in this order is intended to Mendocino Coast Ry., Inc.—Lease and households, Business or other for-profit. prohibit an engineer from sounding the Operate, 360 I.C.C. 653 (1980). Estimated Number of Respondents: locomotive horn or whistle to provide 1,271. This notice is filed under 49 CFR necessary communication with other Estimated Burden Hours Per 1180.2(d)(7). If the notice contains false trains and train crew members if other Respondent: 4 hours. or misleading information, the means of communication are Frequency of Response: On occasion. exemption is void ab initio. Petitions to unavailable. Estimated Total Reporting Burden: revoke the exemption under 49 U.S.C. 5,084 hours. Issued in Washington, D.C. on October 15, 10502(d) may be filed at any time. The 1997. filing of a petition to revoke will not OMB Number: 1512–0129. Jolene M. Molitoris, automatically stay the transaction. Form Number: ATF F 4473 (5300.9) Administrator. Part I. An original and 10 copies of all Type of Review: Extension. [FR Doc. 97–27800 Filed 10–20–97; 8:45 am] pleadings, referring to STB Finance BILLING CODE 4910±06±P Title: Firearms Transaction Record, Docket No. 33488, must be filed with Part I Over the Counter. the Surface Transportation Board, Office Description: This form is used to of the Secretary, Case Control Unit, 1925 DEPARTMENT OF TRANSPORTATION determine the eligibility of a person to K Street, N.W., Washington, DC 20423– receive a firearm from a Federal Surface Transportation Board 0001 and served on: James R. Paschall, Firearms Licensee. It is also used to General Attorney, Norfolk and Western establish the identify of the buyer. The [STB Finance Docket No. 33488] Railway Company, Three Commercial form is also used in law enforcement in Place, Norfolk, VA 23510–2191. Norfolk and Western Railway investigations/inspections to trace CompanyÐTrackage Rights Decided: October 14, 1997. firearms to confirm criminal activity. ExemptionÐUnion Pacific Railroad By the Board, David M. Konschnik, Implementing regulations are prescribed Company Director, Office of Proceedings. in 27 CFR 78.124. Vernon A. Williams, Respondents: Individuals or Union Pacific Railroad Company has Secretary. households, Business or other for-profit. agreed to grant local and overhead [FR Doc. 97–27859 Filed 10–21–97; 8:45 am] Estimated Number of Recordkeepers: trackage rights to Norfolk and Western BILLING CODE 4915±00±P 6,000,000. Railway Company (NW) over Estimated Burden Hours Per approximately 50.2 miles of rail line Recordkeeper: 1,026,000. located in Illinois as follows: (1) Local Frequency of Response: On occasion. access trackage rights over DEPARTMENT OF THE TREASURY Estimated Total Recordkeeping approximately 4.7 miles of line between Burden: 1,026,000 hours. Monterey Lead milepost 4.4 at Monterey Submission for OMB Review; OMB Number: 1512–0387. Mine No. 1 (near Carlinville) and Comment Request Recordkeeping Requirement ID Monterey Lead milepost 0.0 at Monterey Number: ATF REC 5130/5. Junction, and both legs of the wye track October 10, 1997. Type of Review: Extension. and related trackage between milepost The Department of Treasury has Title: Principal Place of Business on 104.5 and milepost 104.8 at Monterey submitted the following public Beer Labels. Junction; (2) local access trackage rights information collection requirement(s) to Description: ATF regulations permit over approximately 15.0 miles of line OMB for review and clearance under the domestic brewers who operate more between milepost 104.8 at Monterey Paperwork Reduction Act of 1995, Pub. than one brewery to show as their Junction, and milepost 119.8 at L. 104–13. Copies of the submission(s) address on labels and kegs of beer, their DeCamp; (3) overhead trackage rights may be obtained by calling the Treasury ‘‘principal place of business’’ address. over approximately 15.4 miles of line Bureau Clearance Officer listed. This label option may be used in lieu of between milepost 119.8 at DeCamp and Comments regarding this information showing the actual place of production milepost 135.2 at Edwardsville; and (4) collection should be addressed to the on the label or of listing all of the overhead trackage rights over OMB reviewer listed and to the brewer’s locations on the label. approximately 15.1 miles of line Treasury Department Clearance Officer, Respondents: Business or other for- between milepost 135.2 at Edwardsville Department of the Treasury, Room 2110, profit. and milepost 150.3 at Madison. The 1425 New York Avenue, NW., Estimated Number of Recordkeepers: transaction is expected to be Washington, DC 20220. 172,250. 54684 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Estimated Burden Hours Per dealer for use by the Office of Respondents: Not-for-profit Recordkeeper: 3 hours. Enforcement in compliance inspections institutions, State, Local or Tribal Frequency of Response: Other. and criminal investigations. Governments. Estimated Total Reporting Burden: Implementing regulations are prescribed Estimated Number of Respondents/ 559,791 hours. in 27 CFR 178.130. Recordkeepers: 3,100. OMB Number: 1512–0474. Respondents: Individuals or Estimated Burden Hours Per Recordkeeping Requirement ID households, Business or other for-profit. Respondent/Recordkeeper: 2 hours, 46 Number: ATF REC 5130/5. Estimated Number of Respondents/ minutes. Type of Review: Extension. Recordkeepers: 2,000,000. Frequency of Response: On occasion, Title: Principal Place of Business on Estimated Burden Hours Per Other (at most every 5 years). Beer Labels. Respondent/Recordkeeper: 6 minutes. Estimated Total Reporting/ Description: ATF regulations permit Frequency of Response: On occasion. Recordkeeping Burden: 8,550 hours. domestic brewers who operate more Estimated Total Reporting/ OMB Number: 1545–1160. then one brewery to show as their Recordkeeping Burden: 478,300 hours. Regulation Project Number: CO–93– address on labels and kegs of beer, their Clearance Officer: Robert N. Hogarth, 90 Final. ‘‘principal place of business’’ address. (202) 927–8930, Bureau of Alcohol, Type of Review: Extension. This label option may be used in lieu of Tobacco and Firearms, Room 3200, 650 Title: Corporations; Consolidated showing the actual place of production Massachusetts Avenue, N.W., Returns—Special Rules Relating to on the label or of listing all of the Washington, DC 20226. Dispositions and Deconsolidations of brewer’s locations on the label. OMB Reviewer: Alexander T. Hunt, Subsidiary Stock. Respondents: Business or other for- (202) 395–7860, Office of Management Description: These regulations profit. and Budget, Room 10202, New prevent elimination of corporate-level Estimated Number of Respondents: Executive Office Building, Washington, tax because of the operation of the 1,200. DC 20503. consolidated returns investment Estimated Burden Hours Per Lois K. Holland, adjustment rules. Statements are Respondent: 0 hours. Departmental Reports Management Officer. required for dispositions of a Frequency of Response: On occasion. [FR Doc. 97–27765 Filed 10–20–97; 8:45 am] subsidiary’s stock for which losses are claimed, for basis reductions within 2 Estimated Total Reporting Burden: 1 BILLING CODE 4810±31±P hour. years of the stock’s deconsolidation, and for elections by the common parent to OMB Number: 1512–0490. retain the NOL’s of a disposed Form Number: ATF F 4473 (5300.24) DEPARTMENT OF THE TREASURY subsidiary. Part I (LV) and ATF F 4473 (5300.25 Respondents: Business or other for- Part II (LV). Submission to OMB for Review; Comment Request profit. Recordkeeping Requirement ID Estimated Number of Respondents: Number: ATF REC 7570/2. October 14, 1997. 3,000. Type of Review: Extension. The Department of Treasury has Estimated Burden Hours Per Title: Firearms Transaction Record submitted the following public Respondent: 2 hours. Part I—Low Volume—Over-the-Counter information collection requirement(s) to Frequency of Response: Other (one (4473 LV Part I); and Firearms OMB for review and clearance under the time). Transaction Record Part II—Low Paperwork Reduction Act of 1995, Pub. Estimated Total Reporting/ Volume—Intra-State Non-Over-the- L. 104–13. Copies of the submission(s) Recordkeeping Burden: 6,000 hours. Counter (4473 LV Part II). may be obtained by calling the Treasury OMB Number: 1545–1440. Description: ATF Form 4473 LV Parts Bureau Clearance Officer listed. Regulation Project Number: INTL–64– I and II is for use only by Federal Comments regarding this information 93 Final. firearms licenses disposing of 50 or collection should be addressed to the Type of Review: Extension. fewer firearms per 12-month period. It OMB reviewer listed and to the Title: Conduit Arrangements is kept, at a licensees option, in lieu of Treasury Department Clearance Officer, Regulations. ATF F 4473 and records of acquisition Department of the Treasury, Room 2110, Description: This document contains and disposition. 1425 New York Avenue, NW., regulations relating to when the district Respondents: Business or other for- Washington, DC 20220. director may recharacterize a financing profit, Individuals or households. arrangement as a conduit arrangement. Estimated Number of Recordkeepers: Internal Revenue Service (IRS) Such recharacterization will affect the 5,000. OMB Number: 1545–1098. amount of withholding tax due on Estimated Burden Hours Per Regulation Project Number: TD 8418 financing transactions that are part of Recordkeeper: 6 minutes. Final (FI–91–86; FI–90–86; FI–90–91; the financing arrangement. These Frequency of Response: On occasion. and FI–1–90). regulations will affect withholding Estimated Total Recordkeeping Type of Review: Extension. agents and foreign investors. Burden: 1,042 hours. Title: Arbitrage Restrictions on Tax- Respondents: Business or other for- OMB Number: 1512–0520. Exempt Bonds. profit. Form Number: ATF F 5300.35. Description: This regulation requires Estimated Number of Recordkeepers: Type of Review: Extension. state and local governmental issuers of 1,000. Title: Statement of Intent to Obtain a tax-exempt bonds to rebate arbitrage Estimated Burden Hours Per Handgun. profits earned on nonpurpose Recordkeeper: 10 hours. Description: This form is used to investments acquired with the bond Estimated Total Recordkeeping establish the eligibility of the buyer to proceeds. Issuers are required to submit Burden: 10,000 hours. determine if the handgun sale is legal, a form with the rebate. The regulations OMB Number: 1545–1449. prior to the actual delivery of the provide for several elections, all of Regulation Project Number: IA–57– handgun. This for is retained by the which must be in writing. 94. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54685

Type of Review: Extension. Estimated Number of Recordkeepers: Internal Revenue Service (IRS) Title: Cash Reporting by Court Clerks. 218,683. OMB Number: 1545–1222. Description: Section 6050I(g) imposes Estimated Burden Hours Per Form Number: IRS Forms 8628, 8635 a reporting requirement on criminal Recordkeeper: 18 minutes. and 9383. court clerks that receive more than Estimated Total Recordkeeping Type of Review: Revision. $10,000 in cash as bail. The IRS will use Burden: 65,605 hours. Title: Order Blank for Federal Income the information to identify individuals OMB Number: 1545–1551. Tax Forms for ‘‘Plan Only’’ Accounts with large cash incomes. Clerks must Revenue Procedure Numbers: (8628); BPOL Order Blank for Federal also furnish the information to the Revenue Procedures 97–36, 97–37, 97– Income Tax Forms (8635); and Fax United States Attorney for the 38 and 97–39. Order Blank for BPOL Reorders (9383). jurisdiction in which the individual Type of Review: Extension. Description: These forms allow banks, charged with the crime resides and to Title: Changes in Methods of post offices and libraries to distribute each person posting the bond whose Accounting. tax forms and publications to taxpayers name appears on Form 8300. Description: The information at convenient locations. Participation is Respondents: Federal Government, collected in the four revenue procedures on a voluntary basis and done as a State, Local or Tribal Government. public service for the Internal Revenue Estimated Number of Respondents: is required in order for the Service. 250. Commissioner to determine whether the Respondents: Business or other for- Estimated Burden Hours Per taxpayer properly is requesting to profit, Not-for-profit institutions, Respondent: 30 minutes. change its method of accounting and the Frequency of Response: On occasion, conditions of the change. Federal Government, State, Local or Annually. Respondents: Business or other for- Tribal Government. Estimated Total Reporting Burden: profit, Individuals or households, Not- Estimated Number of Respondents/ 125 hours. for-profit institutions, Farms. Recordkeepers: 63,000. Estimated Number of Respondents/ Estimated Burden Hours Per OMB Number: 1545–1548. Respondent/Recordkeeper: Revenue Procedure Number: Revenue Recordkeepers: 12,350. Estimated Burden Hours Per Procedure 97–40. Time per re- Type of Review: Extension. Respondent/Recordkeeper: 17 hours, 20 Form sponse Title: Late S Corporation Election minutes. (minutes) Relief. Frequency of Response: On occasion, Description: Revenue Procedure 97– Annually. 8628 ...... 3 40 provides that taxpayers whose S Estimated Total Reporting/ 8635 ...... 6 corporation election was filed late (but Recordkeeping Burden: 214,144 hours. 9383 ...... 6 was filed within 6 months of the Clearance Officer: Garrick Shear, statutory due date, and before a tax (202) 622–3869, Internal Revenue Frequency of Response: Annually. Estimated Total Reporting/ return is due for that taxable year) can Service, Room 5571, 1111 Constitution Recordkeeping Burden: 5,450 hours. obtain late S election relief by filing Avenue, NW., Washington, DC 20224. Clearance Officer: Garrick Shear (202) Form 2553 and attaching a statement OMB Reviewer: Alexander T. Hunt, 622–3869, Internal Revenue Service, explaining the reasonable cause for the (202) 395–7860, Office of Management Room 5571, 1111 Constitution Avenue, failure to file a timely S corporation and Budget, Room 10226, New NW, Washington, DC 20224. election. Executive Office Building, Washington, OMB Reviewer: Alexander T. Hunt Respondents: Business or other for- DC 20503. (202) 395–7860, Office of Management profit. Lois K. Holland, Estimated Number of Respondents: and Budget, Room 10226, New Departmental Reports Management Officer. Executive Office Building, Washington, 200. [FR Doc. 97–27766 Filed 10–20–97; 8:45 am] Estimated Burden Hours Per DC 20503. BILLING CODE 4830±01±P Respondent: 1 hour. Lois K. Holland, Frequency of Response: Other (must Departmental Reports Management Officer. be done within 6 months of Form 2553’s DEPARTMENT OF THE TREASURY [FR Doc. 97–27767 Filed 10–21–97; 8:45 am] due date). BILLING CODE 4830±01±P Estimated Total Reporting Burden: Submission to OMB for Review; 200 hours. Comment Request OMB Number: 1545–1550. DEPARTMENT OF THE TREASURY October 9, 1997. Notice Number: Notice 97–45. [Treasury Directive Number 12±26] Type of Review: Extension. The Department of Treasury has Title: Highly Compensated Employee submitted the following public Delegation of Authority To Approve the Definition. information collection requirement(s) to Use of Cash for Official Travel Description: This notice provides OMB for review and clearance under the guidance on the definition of a highly Paperwork Reduction Act of 1995, Pub. October 9, 1997. compensated employee within the L. 104–13. Copies of the submission(s) 1. PURPOSE. The purpose of this meaning of section 14(q) of the Internal may be obtained by calling the Treasury Directive is to delegate authority to Revenue Code as simplified by section Bureau Clearance Officer listed. heads of bureaus to approve all cash 1431 of the Small Business Job Comments regarding this information purchases of passenger transportation Protection Act of 1996, including an collection should be addressed to the services. employer’s option to make a top-paid OMB reviewer listed and to the 2. DELEGATION. This Directive group election under section Treasury Department Clearance Officer, delegates to heads of bureaus, the 414(q)(1)(B)(ii). Department of the Treasury, Room 2110, Deputy Assistant Secretary Respondents: Business or other for- 1425 New York Avenue, NW., (Administration), and the Inspector profit, Not-for-profit institutions. Washington, DC 20220. General, the authority to approve all 54686 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices cash purchases of passenger procedures for purchasing to the GSA Board of Contract Appeals, transportation services, including transportation services. 18th and F Streets, NW, Washington, DC instances where a Federal traveler has d. Cash purchases of transportation 20548, for a decision on the traveler’s failed to use a Government services in excess of $100 in right to reimbursement as provided in Transportation Request (GTR), a nonemergency circumstances shall be 31 U.S.C. 3702. Government Travel Account (GTA), or discouraged and kept to a minimum. If 5. RECORDKEEPING. Travel vouchers contractor-issued Government employee a cash purchase is determined to have shall be maintained in the bureau to be charge card. This delegation is in been made under a nonemergency available for site audit by GSA auditors. accordance with 41 CFR 101–41.203. circumstance, reimbursement shall be General Records Schedule 9, ‘‘Travel For purposes of this Directive, the term limited to the cost which would have and Transportation Records,’’ provides ‘‘bureau’’ includes Departmental Offices been properly chargeable to the instructions for the disposal of travel (DO) and the Office of Inspector General Government if the transportation vouchers. GSA, Transportation Audit (OIG). services had been procured using one of Division (FWA) will report suspected 3. REDELEGATION. the Government-provided methods of travel management errors and/or a. The authority to approve cash procurement. Cash shall not be used to misroutings which result in higher purchases in excess of $100 may be circumvent the use of city-pair travel costs to the Government to the redelegated to the Bureau Chief contracts. appropriate bureau travel manager for Financial Officer, or the equivalent e. Bureaus shall establish procedures appropriate action. management official at regional to encourage travelers to use a GTR, 6. REPORTING REQUIREMENTS. locations. No further redelegation shall contractor-issued Government employee After the traveler has been reimbursed be permitted. charge card, or GTA instead of cash to for a cash purchase, copies of the travel b. The authority to approve cash purchase passenger transportation authorization, ticket coupons, and any services. Use of a credit card other than purchases of $100 or less when approval ticket refund applications, or Standard the contractor-issued Government is required by 41 CFR 101–41.203–2 Form 1170, ‘‘Redemption of Unused employee charge card or use of travelers may be redelegated without limitation. Tickets,’’ shall be forwarded for audit to checks shall be considered the c. All redelegations shall be in the GSA, Transportation Audit Division equivalent of cash and subject to the writing, and copies of the redelegations (FWA), Attention: Code E, Washington, $100 limitation. DC 20405. shall be retained to permit examination f. Cash purchases of transportation 7. AUTHORITY. 41 CFR 101–41.203– by General Services Administration services costing more than $10 but not 2. (GSA) auditors. more than $100 may be approved if no 8. REFERENCE. 41 CFR Part 301–3.6 4. GUIDELINES. Government provided method of and 301–15. a. As long as the conditions set out in payment is practical. Bureaus are 9. EXPIRATION DATE. This Directive 41 CFR 101–41.203 are met, bureau authorized to implement the guidance shall expire three years from the date of heads may, in limited circumstances, set forth in 41 CFR 101–41.203–2. approve the use of cash to procure g. Travelers using cash to purchase issuance unless superseded or cancelled emergency or nonemergency individual passenger transportation prior to that date. transportation services costing more services shall procure such services 10. OFFICE OF PRIMARY INTEREST. than $100. In the interest of promoting directly from the carrier or from travel Office of Accounting and Internal good cash management, all other agents under GSA contract. They shall Control, Office of the Deputy Chief methods of disbursement should be account for those expenses on their Financial Officer, Office of the Assistant considered before providing cash. travel vouchers and furnish passenger Secretary for Management and Chief Approval shall be granted only when coupons or other evidence, as Financial Officer. sufficient justification has been appropriate. Furthermore, travelers shall Nancy Killefer, documented. In nonemergency assign to the Government the right to Assistant Secretary for Management and situations, authorization to use cash in recover any excess payments involving Chief Financial Officer. excess of $100 should be obtained prior carriers’ use of improper rates. That [FR Doc. 97–27824 Filed 10–20–97; 8:45 am] to travel. assignment must be preprinted or BILLING CODE 4810±25±P b. To justify the use of cash in excess otherwise annotated on the travel of $100 instead of a Government voucher and shall be initialed by the provided method of payment when traveler. DEPARTMENT OF THE TREASURY procuring passenger transportation h. Each bureau shall apprise travelers [Treasury Directive Number 12±32] services, both the bureau head (or using cash to procure passenger designated representative) and the transportation services of the provision Delegation of Authority Concerning traveler shall certify on the travel of FPMR 101–41.209–4 concerning a Personnel Security voucher the reasons for such use. carrier’s liability for liquidated damages c. 41 CFR 101–41.203–2(b)(1)(i) because of failure to provide confirmed October 15, 1997. requires that the agency determine if the reserved space. 1. Delegation. Pursuant to section 5 of use of cash was due to an emergency or i. Travelers using cash to procure Treasury Order (TO) 102–17, another reason. Bureaus shall establish passenger transportation services shall ‘‘Delegation of Authority Concerning the guidelines for approval of cash adhere to the regulations at 41 CFR 301– Personnel Security Program,’’ this purchases in excess of $100 and 3.6 regarding the use of U.S. flag vessels Directive redelegates to the Director, determine if the use of cash is due to: and air carriers. Office of Security, the authority to (a) Emergency circumstances where use j. Should a traveler make repeated exercise and perform all duties, rights, of a GTR, contractor-issued Government cash purchases without just cause or powers, and obligations delegated by employee charge card, or GTA was not deliberately attempt to circumvent use that Order. This includes the authority possible, or (b) failure of the bureau to of GSA contract air or rail service for to make all determinations and advise new employees and/or invited or personal convenience, the bureau may appointments and to issue any infrequent travelers of proper send all documents related to the travel regulations required to implement the Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54687

Department’s personnel security d. conduct periodic evaluations of (National Security) are not affected by program established in TO 102–17 implementation and administration of this Directive. (hereafter ‘‘personnel security the personnel security program 6. Authorities. program’’), except: throughout the Department; a. E.O. 10450, ‘‘Security Requirements a. any matter in which, by law, e. represent the Department on all for Government Employment,’’ dated executive order, or regulation of outside interagency committees and act as April 27, 1953, as amended. agencies, the personal decision of the liaison with the Security Policy Board, b. E.O. 12968, ‘‘Access to Classified head of the agency or principal deputy Federal agencies, and the White House Information,’’ dated August 2, 1995. is required; and concerning personnel security matters; c. E.O. 12958, ‘‘Classified National b. the Assistant Secretary and Security Information,’’ dated October Management and Chief Financial Officer f. act as liaison with the Department 17, 1995, as amended. shall appoint members of any security of Energy on all matters pertaining to d. E.O. 12829, ‘‘National Industrial appeals panel convened pursuant to clearances for access to information Security Program,’’ dated January 6, section 5.2 of Executive Order (E.O.) designated ‘‘Restricted Data’’ or 1993, as amended. 12968, ‘‘Access to Classified ‘‘Formerly Restricted Data’’ pursuant to e. 5 U.S.C. 7531–7533. Information.’’ the Atomic Energy Act of 1954, as f. TO 102–17, ‘‘Delegation of 2. Redelegation. amended. Authority Concerning the Personnel a. The Director, Office of Security, 4. Reserved Functions. The following Security Program,’’ dated May 2, 1996. shall redelegate to bureau heads and the functions are reserved to the Director, 7. References. Inspector General the authority to Office of Security, and may not be a. TD P 71–10, ‘‘Department of the perform the operating functions relating redelegated outside of the Office of Treasury Security Manual.’’ to personnel security, except as stated in Security: b. The Atomic Energy Act of 1954 (42 paragraph 2.c. and Section 4 below, but a. receiving all reports of U.S.C. 2011). including: investigations involving loyalty matters c. Presidential Decision Directive 29, (1) the designation of position on Department of the Treasury ‘‘Security Policy Coordination,’’ dated sensitivity; and employees and potential employees, September 16, 1994. (2) making determinations of and directing such matters to 8. Cancellation. TD 12–32, eligibility for access to classified appropriate authorities for processing or ‘‘Delegation of Authority Concerning information, and the consequent resolution; Personnel Security,’’ dated January 10, granting, suspending, denying, and b. assuming jurisdiction for all cases 1995, is superseded. revoking of access to classified within the Department involving a 9. Expiration Date. This Directive information, in conformity with the potential determination that an expires three years after the date of provisions of E.O. 12968; employee should be suspended, issuance unless cancelled or superseded b. Any authority so delegated to a reassigned, or terminated on the by that date. bureau head or the Inspector General grounds that such action is necessary in 10. Office of Primary Interest. Office may be further redelegated, with the the interests of the national security of Security, Office of the Assistant concurrence of the Director, Office of pursuant to E.O. 10450, ‘‘Security Secretary for Management and Chief Security, within bureau headquarters or Requirements for Government Financial Officer. the Office of Inspector General. Employment,’’ and 5 U.S.C. 7532; Nancy Killefer, c. The Assistant Director (Personnel c. making disclosure determinations Assistant Secretary for and Chief Financial Security), Office of Security, shall concerning loyalty information Officer. perform the operating functions relating contained in personnel security files [FR Doc. 97–27823 Filed 10–20–97; 8:45 am] to personnel security for the throughout the Department pursuant to BILLING CODE 4810±25±P Departmental Offices. 31 CFR Part 1, including requests for 3. Responsibilities. The Director, disclosure under the Freedom of Office of Security, serves as the Information Act or Privacy Act (5 U.S.C. DEPARTMENT OF THE TREASURY principal adviser to the Assistant 552 and 552a); and Secretary Management and Chief d. designating position sensitivity and Internal Revenue Service Financial Officer with respect to the making determinations of eligibility for Department’s personnel security access to classified information, and the [INTL±112±88] program, and shall: consequent granting, suspending, Proposed Collection; Comment a. define the operating functions denying, and revoking of access to Request for Regulation Project relating to personnel security and classified information, in conformity prescribe uniform policies and general with the provisions of E.O. 12968, for AGENCY: Internal Revenue Service (IRS), procedures in Treasury Department the following positions: Treasury. Publication (TD P) 71–10, ‘‘Department (1) all presidential appointees in the ACTION: Notice and request for of the Treasury Security Manual;’’ Department requiring confirmation by comments. b. serve as a member of, and chair, the Senate, and the Inspector General, to any security appeals panel convened the extent of the Department’s authority SUMMARY: The Department of the pursuant to section 5.2 of E.O. 12968; with respect to these officials; Treasury, as part of its continuing effort c. be responsible for overseeing and (2) heads of bureaus and their first to reduce paperwork and respondent implementing the National Industrial deputies; and burden, invites the general public and Security Program within the Department (3) bureau security officers and any other Federal agencies to take this pursuant to E.O. 12829, ‘‘National official to whom the authority to grant opportunity to comment on proposed Industrial Security Program,’’ security clearances has been delegated. and/or continuing information concerning contractors, subcontractors, 5. Special Assistant To The Secretary collections, as required by the vendors, and suppliers requiring access (National Security). The responsibilities Paperwork Reduction Act of 1995, Pub. to classified information or material; of the Special Assistant to the Secretary L. 104–13 (44 U.S.C. 3506(c)(2)(A)). 54688 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Currently, the IRS is soliciting Request for Comments FOR FURTHER INFORMATION CONTACT: comments concerning an existing final Comments submitted in response to Requests for additional information or regulation, INTL–112–88 (TD 8337), this notice will be summarized and/or copies of the information collection Allocation and Apportionment of included in the request for OMB should be directed to Carol Savage, Deduction for State Income Taxes approval. All comments will become a (202) 622–3945, Internal Revenue (§ 1.861–8(e)(6)). matter of public record. Comments are Service, room 5569, 1111 Constitution DATES: Written comments should be invited on: (a) Whether the collection of Avenue NW., Washington, DC 20224. received on or before December 22, 1997 information is necessary for the proper SUPPLEMENTARY INFORMATION: to be assured of consideration. performance of the functions of the Title: Regulations Under Section 1258 ADDRESSES: Direct all written comments agency, including whether the of the Internal Revenue Code of 1986; to Garrick R. Shear, Internal Revenue information shall have practical utility; Netting Rule for Certain Conversion Service, room 5571, 1111 Constitution (b) the accuracy of the agency’s estimate Transactions. of the burden of the collection of Avenue NW., Washington, DC 20224. OMB Number: 1545–1452. FOR FURTHER INFORMATION CONTACT: information; (c) ways to enhance the Regulation Project Number: FI–43–94. Requests for additional information or quality, utility, and clarity of the Abstract: Internal Revenue Code copies of the information collection information to be collected; (d) ways to section 1258 recharacterizes capital should be directed to Carol Savage, minimize the burden of the collection of gains from conversion transactions as (202) 622–3945, Internal Revenue information on respondents, including ordinary income to the extent of the Service, room 5569, 1111 Constitution through the use of automated collection time value element. This regulation Avenue NW., Washington, DC 20224. techniques or other forms of information provides that certain gains and losses technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: may be netted for purposes of or start-up costs and costs of operation, determining the amount of gain Title: Allocation and Apportionment maintenance, and purchase of services recharacterized. To be eligible for of Deduction for State Income Taxes. to provide information. netting relief, the taxpayer must identify OMB Number: 1545–1224. Approved: October 15, 1997. on its books and records all the Regulation Project Number: INTL– Garrick R. Shear, positions that are part of the conversion 112–88. IRS Reports Clearance Officer. transaction. This must be done before Abstract: This regulation provides [FR Doc. 97–27866 Filed 10–20–97; 8:45 am] the close of the day on which the guidance on when and how the BILLING CODE 4830±01±U positions become part of the conversion deduction for state income taxes is to be transaction. allocated and apportioned between Current Actions: There is no change to gross income from sources within and DEPARTMENT OF THE TREASURY this existing regulation. without the United States in order to Type of Review: Extension of a determine the amount of taxable income Internal Revenue Service currently approved collection. from those sources. The reporting [FI±43±94] Affected Public: Business or other for- requirements in the regulation affect profit organizations, and not-for-profit those taxpayers claiming foreign tax Proposed Collection; Comment institutions. credits who elect to use an alternative Request for Regulation Project Estimated Number of Respondents: method from that described in the 50,000. regulation to allocate and apportion AGENCY: Internal Revenue Service (IRS), Estimated Time Per Respondent: 6 deductions for state income taxes. Treasury. minutes. Current Actions: There is no change to ACTION: Notice and request for Estimated Total Annual Burden this existing regulation. comments. Hours: 5,000. Type of Review: Extension of a The following paragraph applies to all currently approved collection. SUMMARY: The Department of the of the collections of information covered Affected Public: Business or other for- Treasury, as part of its continuing effort by this notice: profit organizations. to reduce paperwork and respondent An agency may not conduct or Estimated Number of Respondents: burden, invites the general public and sponsor, and a person is not required to 1,000. other Federal agencies to take this respond to, a collection of information Estimated Time Per Respondent: 1 opportunity to comment on proposed unless the collection of information hour. and/or continuing information displays a valid OMB control number. Estimated Total Annual Burden collections, as required by the Books or records relating to a collection Hours: 1,000. Paperwork Reduction Act of 1995, Pub. of information must be retained as long The following paragraph applies to all L. 104–13 (44 U.S.C. 3506(c)(2)(A)). as their contents may become material of the collections of information covered Currently, the IRS is soliciting in the administration of any internal by this notice: comments concerning an existing final revenue law. Generally, tax returns and An agency may not conduct or regulation, FI–43–94 (TD 8649), tax return information are confidential, sponsor, and a person is not required to Regulations Under Section 1258 of the as required by 26 U.S.C. 6103. respond to, a collection of information Internal Revenue Code of 1986; Netting unless the collection of information Rule for Certain Conversion Request for Comments displays a valid OMB control number. Transactions (§ 1.1258–1). Comments submitted in response to Books or records relating to a collection DATES: Written comments should be this notice will be summarized and/or of information must be retained as long received on or before December 22, 1997 included in the request for OMB as their contents may become material to be assured of consideration. approval. All comments will become a in the administration of any internal ADDRESSES: Direct all written comments matter of public record. Comments are revenue law. Generally, tax returns and to Garrick R. Shear, Internal Revenue invited on: (a) Whether the collection of tax return information are confidential, Service, room 5571, 1111 Constitution information is necessary for the proper as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224. performance of the functions of the Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54689 agency, including whether the OMB Number: 1545–1299. Approved: October 15, 1997. information shall have practical utility; Regulation Project Number: IA–54– Garrick R. Shear, (b) the accuracy of the agency’s estimate 90. IRS Reports Clearance Officer. of the burden of the collection of Abstract: This regulation prescribes [FR Doc. 97–27868 Filed 10–20–97; 8:45 am] reporting requirements for settlement information; (c) ways to enhance the BILLING CODE 4830±01±U quality, utility, and clarity of the funds, which are funds established or information to be collected; (d) ways to approved by a governmental authority minimize the burden of the collection of to resolve or satisfy certain liabilities, DEPARTMENT OF THE TREASURY information on respondents, including such as those involving tort or breach of through the use of automated collection contract. The regulation relates to the Internal Revenue Service tax treatment of transfers to these funds, techniques or other forms of information [EE±81±88] technology; and (e) estimates of capital the taxation of income earned by the or start-up costs and costs of operation, funds, and the tax treatment of Proposed Collection; Comment maintenance, and purchase of services distributions made by the funds. Request For Regulation Project to provide information. Current Actions: There is no change to this existing regulation. AGENCY: Internal Revenue Service (IRS), Approved: October 15, 1997. Type of Review: Extension of a Treasury. Garrick R. Shear, currently approved collection. ACTION: Notice and request for IRS Reports Clearance Officer. Affected Public: Individuals, business comments. [FR Doc. 97–27867 Filed 10–20–97; 8:45 am] or other for-profit organizations, not-for- BILLING CODE 4830±01±U profit institutions, farms, and Federal, SUMMARY: The Department of the state, local, or tribal governments. Treasury, as part of its continuing effort Estimated Number of Respondents: to reduce paperwork and respondent DEPARTMENT OF THE TREASURY 1,500. burden, invites the general public and Estimated Time Per Respondent: 2 other Federal agencies to take this Internal Revenue Service hours, 22 minutes. opportunity to comment on proposed [IA±54±90] Estimated Total Annual Burden and/or continuing information Hours: 3,542. collections, as required by the Proposed Collection; Comment The following paragraph applies to all Paperwork Reduction Act of 1995, Pub. Request for Regulation Project of the collections of information covered L. 104–13 (44 U.S.C. 3506(c)(2)(A)). by this notice: Currently, the IRS is soliciting AGENCY: Internal Revenue Service (IRS), An agency may not conduct or Treasury. comments concerning an existing final sponsor, and a person is not required to regulation, EE–81–88 (T.D. 8599), ACTION: Notice and request for respond to, a collection of information Deductions for Transfers of Property comments. unless the collection of information (§ 1.83–6(a)). displays a valid OMB control number. DATES: SUMMARY: The Department of the Books or records relating to a Written comments should be Treasury, as part of its continuing effort collection of information must be received on or before December 22, 1997 to reduce paperwork and respondent retained as long as their contents may to be assured of consideration. burden, invites the general public and become material in the administration ADDRESSES: Direct all written comments other Federal agencies to take this of any internal revenue law. Generally, to Garrick R. Shear, Internal Revenue opportunity to comment on proposed tax returns and tax return information Service, room 5571, 1111 Constitution and/or continuing information are confidential, as required by 26 Avenue NW., Washington, DC 20224. collections, as required by the U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, Requests for additional information or Request for Comments Public Law 104–13 (44 U.S.C. copies of the information collection 3506(c)(2)(A)). Comments submitted in response to should be directed to Carol Savage, Currently, the IRS is soliciting this notice will be summarized and/or (202) 622–3945, Internal Revenue comments concerning an existing final included in the request for OMB Service, room 5569, 1111 Constitution regulation, IA–54–90 (TD 8459), approval. All comments will become a Avenue NW., Washington, DC 20224. Settlement Funds (§§ 1.468B–1, 1.468B– matter of public record. Comments are 2, 1.468B–3, and 1.468B–5. invited on: (a) Whether the collection of SUPPLEMENTARY INFORMATION: DATES: Written comments should be information is necessary for the proper Title: Deductions for Transfers of received on or before December 22, 1997 performance of the functions of the Property. to be assured of consideration. agency, including whether the OMB Number: 1545–1448. ADDRESSES: Direct all written comments information shall have practical utility; Regulation Project Number: EE–81– to Garrick R. Shear, Internal Revenue (b) the accuracy of the agency’s estimate 88. Service, room 5571, 1111 Constitution of the burden of the collection of Abstract: Section 1.83–6(a) of the Avenue NW., Washington, DC 20224. information; (c) ways to enhance the regulation provides that when property FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the is transferred in connection with the Requests for additional information or information to be collected; (d) ways to performance of services, the recipient of copies of the information collection minimize the burden of the collection of service may claim a deduction for the should be directed to Carol Savage, information on respondents, including amount included as compensation in (202) 622–3945, Internal Revenue through the use of automated collection the gross income of the service provider. Service, room 5569, 1111 Constitution techniques or other forms of information The service provider will be deemed to Avenue NW., Washington, DC 20224. technology; and (e) estimates of capital have included an amount in gross or start-up costs and costs of operation, income if the service recipient provides SUPPLEMENTARY INFORMATION: maintenance, and purchase of services a timely Form W–2 or 1099, as Title: Settlement Funds. to provide information. appropriate. 54690 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Current Actions: There is no change to ACTION: Notice and request for The following paragraph applies to all this existing regulation. comments. of the collections of information covered Type of Review: Extension of a by this notice: SUMMARY: currently approved collection. The Department of the An agency may not conduct or Affected Public: Individuals or Treasury, as part of its continuing effort sponsor, and a person is not required to households, business or other for-profit to reduce paperwork and respondent respond to, a collection of information organizations, not-for-profit institutions, burden, invites the general public and unless the collection of information and farms. other Federal agencies to take this displays a valid OMB control number. The estimated annual burden of opportunity to comment on proposed Books or records relating to a collection reporting will be reflected in the and/or continuing information of information must be retained as long reporting requirements for Forms W–2 collections, as required by the as their contents may become material and 1099–MISC. Paperwork Reduction Act of 1995, Pub. in the administration of any internal The following paragraph applies to all L. 104–13 (44 U.S.C. 3506(c)(2)(A)). revenue law. Generally, tax returns and Currently, the IRS is soliciting of the collections of information covered tax return information are confidential, comments concerning an existing final by this notice: as required by 26 U.S.C. 6103. An agency may not conduct or regulation, PS–78–91 (TD 8430), Procedure for Monitoring Compliance Request for Comments: Comments sponsor, and a person is not required to submitted in response to this notice will respond to, a collection of information With Low-Income Housing Credit Requirements (§ 1.42–5). be summarized and/or included in the unless the collection of information request for OMB approval. All DATES: Written comments should be displays a valid OMB control number. comments will become a matter of received on or before December 22, 1997 Books or records relating to a collection public record. Comments are invited on: to be assured of consideration. of information must be retained as long (a) whether the collection of information as their contents may become material ADDRESSES: Direct all written comments is necessary for the proper performance in the administration of any internal to Garrick R. Shear, Internal Revenue of the functions of the agency, including revenue law. Generally, tax returns and Service, room 5571, 1111 Constitution whether the information shall have tax return information are confidential, Avenue NW., Washington, DC 20224. practical utility; (b) the accuracy of the as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden of the Request for Comments: Comments Requests for additional information or collection of information; (c) ways to submitted in response to this notice will copies of the information collection enhance the quality, utility, and clarity be summarized and/or included in the should be directed to Carol Savage, of the information to be collected; (d) request for OMB approval. All (202) 622–3945, Internal Revenue ways to minimize the burden of the comments will become a matter of Service, room 5569, 1111 Constitution collection of information on public record. Comments are invited on: Avenue NW., Washington, DC 20224. respondents, including through the use (a) whether the collection of information SUPPLEMENTARY INFORMATION: of automated collection techniques or is necessary for the proper performance other forms of information technology; of the functions of the agency, including Title: Procedure for Monitoring and (e) estimates of capital or start-up whether the information shall have Compliance With Low-Income Housing costs and costs of operation, practical utility; (b) the accuracy of the Credit Requirements. maintenance, and purchase of services OMB Number: 1545–1291. agency’s estimate of the burden of the to provide information. collection of information; (c) ways to Regulation Project Number: PS–78– Approved: October 10, 1997. enhance the quality, utility, and clarity 91. of the information to be collected; (d) Abstract: The low-income housing Garrick R. Shear, ways to minimize the burden of the credit under Internal Revenue Code IRS Reports Clearance Officer. collection of information on section 42 is allowable only if the owner [FR Doc. 97–27870 Filed 10–20–97; 8:45 am] of a qualified low-income building respondents, including through the use BILLING CODE 4830±01±P of automated collection techniques or receives an allocation from a state or other forms of information technology; local housing credit agency, unless the and (e) estimates of capital or start-up building is exempt under Code section DEPARTMENT OF THE TREASURY costs and costs of operation, 42(h)(4)(B). This regulation requires Internal Revenue Service maintenance, and purchase of services state allocation plans to provide a to provide information. procedure for state and local housing credit agencies to monitor for Proposed Collection; Comment Approved: October 10, 1997. compliance with the requirements of Request for Revenue Procedure 97±48 Garrick R. Shear, Code section 42 and report any AGENCY: Internal Revenue Service (IRS), IRS Reports Clearance Officer. noncompliance to the IRS. Treasury. [FR Doc. 97–27869 Filed 10–20–97; 8:45 am] Current Actions: There is no change to ACTION BILLING CODE 4830±01±P this existing regulation. : Notice and request for Type of Review: Extension of a comments. currently approved collection. DEPARTMENT OF THE TREASURY Affected Public: Business or other for- SUMMARY: The Department of the profit organizations, individual or Treasury, as part of its continuing effort Internal Revenue Service households, not-for-profit institutions, to reduce paperwork and respondent burden, invites the general public and [PS±78±91] and state, local or tribal governments. Estimated Number of Respondents: other Federal agencies to take this Proposed Collection; Comment 5,000. opportunity to comment on proposed Request for Regulation Project Estimated Time Per Respondent: 3 and/or continuing information hours, 45 minutes. collections, as required by the AGENCY: Internal Revenue Service (IRS), Estimated Total Annual Burden Paperwork Reduction Act of 1995, Pub. Treasury. Hours: 18,750. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54691

Currently, the IRS is soliciting request for OMB approval. All The meeting will be in a room that comments concerning Revenue comments will become a matter of accommodates approximately 50 Procedure 97–48, Automatic Relief for public record. Comments are invited on: people, including CAG members and Late S Corporation Elections. (a) whether the collection of information IRS officials. Due to the limited DATES: Written comments should be is necessary for the proper performance conference space and security received on or before December 22, 1997 of the functions of the agency, including specifications, notification of intent to to be assured of consideration. whether the information shall have attend the meeting must be made with ADDRESSES: Direct all written comments practical utility; (b) the accuracy of the Lorenza Wilds. Ms. Wilds can be to Garrick R. Shear, Internal Revenue agency’s estimate of the burden of the reached at (202) 622–6440 (not toll-free). Service, room 5571, 1111 Constitution collection of information; (c) ways to Attendees are encouraged to arrive early Avenue NW., Washington, DC 20224. enhance the quality, utility, and clarity to allow enough time to clear security at of the information to be collected; (d) the 1111 Constitution Avenue, NW FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the entrance. Requests for additional information or collection of information on If you would like to have the CAG copies of the information collection respondents, including through the use consider a written statement, please call should be directed to Carol Savage, of automated collection techniques or (202) 622–5081 or write: Merci del Toro, (202) 622–3945, Internal Revenue other forms of information technology; Office of Public Liaison, C:I, Internal Service, room 5569, 1111 Constitution and (e) estimates of capital or start-up Revenue Service, 1111 Constitution Avenue NW., Washington, DC 20224. costs and costs of operation, Avenue, NW., Room 3308 IR, SUPPLEMENTARY INFORMATION: maintenance, and purchase of services Washington, D.C. 20224. Dated: October 9, 1997 Title: Automatic Relief for Late S to provide information. Corporation Elections. Approved: October 9, 1997. Michael P. Dolan, OMB Number: 1545–1562. Garrick R. Shear, Acting Commissioner of Internal Revenue. Revenue Procedure Number: Revenue IRS Reports Clearance Officer. [FR Doc. 97–27872 Filed 10–20–97; 8:45 am] Procedure 97–48. [FR Doc. 97–27871 Filed 10–20–97; 8:45 am] BILLING CODE 4830±01±U Abstract: The Small Business Job BILLING CODE 4830±01±P Protection Act of 1996 provides the IRS with the authority to grant relief for late DEPARTMENT OF VETERANS S corporation elections. This revenue DEPARTMENT OF THE TREASURY AFFAIRS procedure provides that, in certain situations, taxpayers whose S Internal Revenue Service Advisory Committee on the Future of corporation election was filed late can VA Long-Term Care; Meeting obtain relief by filing Form 2553 and Commissioner's Advisory Group: attaching a statement explaining that the Public Meeting The Department of Veterans Affairs gives notice that a meeting of the requirements of the revenue procedure AGENCY: Internal Revenue Service (IRS), Advisory Committee on the Future of have been met. Treasury. Current Actions: There are no changes VA Long-Term Care will be held on ACTION: Notice of public meeting of being made to the revenue procedure at November 6–7, 1997, at the Department Commissioner’s Advisory Group. this time. of Veterans Affairs, in Room 230, Type of Review: Extension of a SUMMARY: Public meeting of the located at 810 Vermont Avenue, NW, currently approved collection. Commissioner’s Advisory Group (CAG) Washington, DC. The purpose of the Affected Public: Business or other for- will be held in Washington, D.C. Committee is to provide professional profit organizations. advice on the present scope and DATES: The meeting will be held Estimated Number of Respondents: structure of VA’s long-term care November 6, 1997. 100. services, and about changes necessary to Estimated Time Per Respondent: 1 FOR FURTHER INFORMATION CONTACT: ensure that services are available and hour. Merci del Toro at (202) 622–5081 (not effective in a future healthcare setting. Estimated Total Annual Burden a toll-free number). The Committee will begin at 8:30 a.m. Hours: 100. SUPPLEMENTARY INFORMATION: Notice is (EDT) and continue until 5:00 p.m. The following paragraph applies to all hereby given pursuant to Section (EDT) on November 6 and will begin at of the collections of information covered 10(a)(2) of the Federal Advisory 8:30 a.m. (EDT) and continue until by this notice: Committee Act, 5 U.S.C. App. (1988), 12:00 noon (EDT) on November 7. An agency may not conduct or that a public meeting of the CAG will be The agenda for November 6 will cover sponsor, and a person is not required to held on November 6, 1997, beginning at issues of investment in institutional and respond to, a collection of information 9 a.m., in Room 3313, main IRS noninstitutional long-term care services, unless the collection of information building, 1111 Constitution Avenue, sub-acute care in long-term care displays a valid OMB control number. NW., Washington, DC. 20224. settings, enriched housing options for Books or records relating to a The agenda will include the following those in need of assisted living, and care collection of information must be topics: various IRS issue updates and management for a long-term care retained as long as their contents may reports by the CAG subgroups on population. become material in the administration notification of Appeals rights and On November 7 the Committee will of any internal revenue law. Generally, process; customer service initiatives; continue to review long-term care tax returns and tax return information small business issues and initiatives; investment strategies and will discuss are confidential, as required by 26 education and training initiatives; and, priorities for facility construction. U.S.C. 6103. Federal tax deposit rules. The meeting will be open to the Request for Comments: Comments Note: Last minute changes to the agenda or public. Those wishing to attend should submitted in response to this notice will order of topic discussion are possible and contact Jacqueline Holmes, Program be summarized and/or included in the could prevent effective advance notice. Assistant, Geriatrics and Extended Care 54692 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Strategic Healthcare Group at 202–273– 8539 not later than October 31, 1997. Dated: October 14, 1997. By direction of the Secretary-Designate. Heyward Bannister, Committee Management Officer. [FR Doc. 97–27764 Filed 10–20–97; 8:45 am] BILLING CODE 8320±01±M federal register October 21,1997 Tuesday Rule From HighwayHeavy-DutyEngines;Final Control ofEmissionsAirPollution 40 CFRParts9and86 Protection Agency Environmental Part II 54693 54694 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION Supplemental Notice of Proposed Obtaining Electronic Copies of the AGENCY Rulemaking to address otto-cycle Regulatory Documents engines specifically. The preamble, Summary and Analysis 40 CFR Parts 9 and 86 DATES: This regulation is effective of Comments, regulatory language and [AMS±FRL±5908±8] December 22, 1997. The incorporation Regulatory Impact Analysis are also available electronically from the EPA RIN 2060±AF76 by reference of a certain publication listed in the regulations is approved by Internet Web site. This service is free of Control of Emissions of Air Pollution the Director of the Federal Register as of charge, except for any cost you already From Highway Heavy-Duty Engines December 22, 1997. incur for internet connectivity. The electronic Federal Register version is AGENCY: Environmental Protection ADDRESSES: Materials relevant to this made available on the day of Agency (EPA). final rule have been placed in Public publication on the primary Web site ACTION: Final rule. Docket No. A–95–26. The docket is listed below. The EPA Office of Mobile located at the Air Docket Section, U.S. Sources also publishes these notices on SUMMARY: The new standards and Environmental Protection Agency, 401 the secondary Web site listed below. related provisions contained in this M Street SW, Washington, DC 20460 Internet (Web) final rule will result in significant (Telephone 202–260–7548; Fax 202– progress throughout the country in 260–4400) in Room M–1500, Waterside http://www.epa.gov/docs/fedrgstr/EPA– protecting public health and the Mall, and may be inspected weekdays AIR/ environment. In this action, EPA is between 8:00 a.m. and 5:30 p.m. A (either select desired date or use Search adopting a new emission standard and reasonable fee may be charged by EPA feature) related provisions for diesel heavy-duty for copying docket materials. http://www.epa.gov/OMSWWW/ engines (HDEs) intended for highway (look in What’s New or under the operation, beginning with the 2004 FOR FURTHER INFORMATION CONTACT: specific rulemaking topic) model year. The new standard Chris Lieske, U.S. EPA, Engine Please note that due to differences represents a large reduction Programs and Compliance Division, between the software used to develop (approximately 50 percent) in emission 2565 Plymouth Rd., Ann Arbor, the document and the software into of oxides of nitrogen (NOx), as well as Michigan 48105. Telephone: (313) 668– which the document may be reductions in hydrocarbons (HC) from 4584. Fax: (313) 741–7816. downloaded, changes in format, page diesel trucks and buses. The reduction SUPPLEMENTARY INFORMATION: length, etc. may occur. in NOx will also result in significant reductions in secondary nitrate Regulated Entities Outline and List of Acronyms particulate matter (PM) in areas where The Supplementary Information levels of nitrate PM are high. For diesel Entities potentially regulated by this section of this final rule is organized as HDEs, EPA is also finalizing changes to action are those that sell new motor follows: the existing averaging, banking, and vehicles heavy-duty engines in the United States and entities who rebuild/ I. Introduction/Summary of Proposal trading program that provide additional II. Need for Control and Air Quality Benefits flexibility for manufacturers in remanufacture such engines. Regulated of This Rule complying with the stringent new categories and entities include: A. Ozone standards. EPA is also adopting several B. Particulate Matter provisions to increase the durability of Category Examples of III. Content of the Final Rule emission controls, help ensure proper regulated entities A. Emission Standards levels of maintenance, and prevent 1. Standard Levels Industry ...... New motor vehicle heavy- 2. 1999 Review tampering, including during engine duty engine manufactur- rebuilding. The resulting emission 3. NMHC Measurement ers. 4. Non-Conformance Penalties reductions will translate into Industry ...... Heavy-duty engine rebuild- B. In-Use Emissions Control Elements significant, long-term improvements in ers/remanufacturers. 1. Useful life air quality in many areas of the U.S. 2. Emissions Related Maintenance This will provide much-needed This table is not intended to be 3. Emissions Defect and Performance assistance to states and regions facing Warranties exhaustive, but rather provides a guide ozone and particulate air quality 4. Additional Manufacturer Requirements problems that are causing a range of for readers regarding entities likely to be 5. Engine Rebuilding Provisions adverse health effects for their citizens, regulated by this action. This table lists C. Revised Averaging, Banking, and especially in terms of respiratory the types of entities that EPA is now Trading Provisions aware could potentially be regulated by D. Display of OMB Control Numbers impairment and related illnesses. IV. Public Participation Although EPA proposed new this action. Other types of entities not listed in the table could also be A. EPA’s Air Quality Justification for the standards and related averaging, Proposed Program banking, and trading provisions for otto- regulated. To determine whether your 1. Modeling cycle HDEs (e.g., gasoline-fueled activities are regulated by this action, 2. Possible Ozone Increases from NOX engines), EPA is not taking final action you should carefully examine the Reduction for that category of engines at this time. applicability criteria in 40 CFR 86.094– 3. Trends in Ozone Levels EPA received several comments urging 1 and, for engine rebuilders/ B. Level of Standards the Agency to adopt more stringent remanufacturers, § 86.004–40 of the 1. Diesel Engines—NOX Plus NMHC rule. If you have questions regarding the 2. Highway Diesel Engine—PM control measures for these engines than 3. Otto-Cycle Engines those proposed in the NPRM (June 27, applicability of this action to a C. In-Use Emissions Control and 1996). EPA continues to evaluate the particular entity, consult the person Compliance comments received regarding otto-cycle listed in the preceding FOR FURTHER 1. In-Use Emissions Control Regulatory engines and plans to issue a INFORMATION CONTACT section. Elements Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54695

2. State Inspection and Maintenance UAM Urban Airshed Model the national mobile source emission Programs VOC Volatile organic compounds control program as a complement to 3. In-Use Compliance Issues I. Introduction/Summary of Proposal their efforts to meet air quality goals. D. Averaging, Banking, and Trading The concept of common emission 1. Applicability Air pollution continues to represent a 2. The Modified ABT Program (1998–2003) standards for mobile sources across the serious threat to the health and well- nation is strongly supported by 3. The Modified ABT Program 2004 and being of millions of Americans and a Later manufacturers, which often face serious 4. Other Changes for the Modified ABT large burden to the U.S. economy. This production inefficiencies when different Program threat exists despite the fact that, over requirements apply to engines or V. Economic Impact and Cost-Effectiveness the past two decades, great progress has vehicles sold in different states or areas. A. Engine Costs been made at the local, state and Motor vehicle emission control B. Aggregate Costs to Society national levels in controlling emissions programs have a history of technological C. Cost-Effectiveness from many sources of air pollution. As success that, in the past, has largely VI. Administrative Requirements a result of this progress, many offset the pressure from constantly A. Administrative Designation and individual emission sources, both growing numbers of vehicles and miles Regulatory Analysis stationary and mobile, pollute at only a B. Compliance With Regulatory Flexibility traveled in the U.S. The per-vehicle rate Act fraction of their pre-control rates. of emissions from new passenger cars C. Compliance With Paperwork Reduction However, continued industrial growth and light trucks has been reduced to Act and expansion of motor vehicle usage very low levels. As a result, increasing D. Unfunded Mandates Reform Act threaten to reverse these past attention is now focused on heavy-duty E. Submission to Congress and the General achievements. Today, many states are trucks (ranging from large pickups to Accounting Office finding it difficult to meet the current tractor-trailers), buses, and nonroad VII. Statutory Authority ozone and PM National Ambient Air equipment. VIII. Judicial Review Quality Standards (NAAQSs) by the Since the 1970s, manufacturers of IX. Copies of Rulemaking Documents deadlines established in the Act.1 heavy-duty engines for highway use List of Acronyms and Abbreviations Furthermore, other states which are have developed new technological ABT Averaging, banking, and trading approaching or have reached attainment approaches in response to periodic ANPRM Advance Notice of Proposed of the current ozone and PM NAAQSs increases in the stringency of emission Rulemaking will likely see those gains lost if current standards.4 However, the technological ARB Air Resources Board trends persist. characteristics of heavy-duty engines, ATA American Trucking Association In recent years, significant efforts particularly diesel engines, have thus far CAA or Act Clean Air Act as amended in have been made on both a national and prevented achievement of emission 1990 state level to reduce air quality levels comparable to today’s light-duty CFR Code of Federal Regulations problems associated with ground-level gasoline vehicles. While diesel engines DDC Detroit Diesel Corporation EGR Exhaust gas recirculation ozone, with a focus on its main provide advantages in terms of fuel EPA United States Environmental precursors, oxides of nitrogen (NOX) efficiency, reliability, and durability, Protection Agency and volatile organic compounds controlling NOX emissions is a greater FRM Final Rulemaking (VOCs).2 In addition, airborne challenge for diesel engines than for GVWR Gross vehicle weight rating particulate matter (PM) has been a major gasoline engines. Similarly, control of HC Hydrocarbons air quality concern in many regions. As PM emissions, which are very low for HDDEs Heavy-duty diesel engines discussed below, ozone and PM have gasoline engines, represents a HDEs Heavy-duty engines been linked to a range of serious substantial challenge for diesel engines. HDVs Heavy-duty vehicles respiratory health problems and a Part of this challenge is that most HHDDEs Heavy heavy-duty diesel engines traditional NOX control approaches tend HHDVs Heavy heavy-duty vehicles variety of adverse environmental effects. ICR Information Collection Request The states have jurisdiction to to increase PM, and vice versa. I/M Inspection and Maintenance implement a variety of stationary source Despite these technological LEV Low emissions vehicle emission controls. In most regions of the challenges, there is substantial evidence LHDDEs Light heavy-duty diesel engines country, states are implementing of the ability for heavy-duty highway LHDVs Light heavy-duty vehicles significant stationary source NOX engines to achieve significant additional MHDDEs Medium heavy-duty diesel controls (as well as stationary source emission reductions. In their successful engines VOC controls) for controlling acid rain, efforts to reach lower NOX and PM MOU Memorandum of Understanding ozone, or both. In many areas, however, levels over the past 20 years, heavy-duty NAAQS National Ambient Air Quality these controls will not be sufficient to highway diesel engine manufacturers Standard reach and maintain the current ozone have identified new technologies and NESCAUM Northeast States for approaches that offer promise for Coordinated Air Use Management standard without significant additional NLEV National Low Emissions Vehicle NOX reductions from mobile sources. significant new reductions. The NMHC Nonmethane hydrocarbons Generally, the Clean Air Act specifies emerging technological potential for NOX Oxides of nitrogen that standards for controlling NOX, HC, much cleaner diesel heavy-duty engines NPRM Notice of Proposed Rulemaking and PM emissions from new motor is discussed elsewhere in this preamble NRDC Natural Resources Defense Council vehicles must be established at the and in the Regulatory Impact Analysis OBD On-bourd diagnotics federal level.3 Thus, the states look to (RIA) associated with this final rule. OMB Office of Management and Budget Recognizing the need for additional

OTAG Ozone Transport Assessment Group 1 NOX and PM control measures to PM Particulate matter See 42 U.S.C. 7401 et seq. 2 VOCs consist mostly of hydrocarbons (HC). address air quality concerns in several R&D Research and development 3 RIA Regulatory Impact Analysis The CAA limits the role states may play in regulating emissions from new motor vehicles. 4 Highway heavy-duty engines, sometimes ROM Regional Oxidant Model California is permitted to establish emission control referred to as highway HDEs, are used in heavy- SAE Society of Automotive Engineers standards for new motor vehicles, and other states duty vehicles, which EPA defines as highway SEA Selective Enforcement Audit may adopt California’s programs (Sections 209 and vehicles with a gross vehicle weight rating over SOP Statement of Principles 177 of the Act). 8,500 pounds. 54696 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations parts of the country and the growing EPA also proposed several provisions A. Ozone contribution of the heavy-duty engine to help ensure adequate durability of There is a large body of evidence sector to ozone and PM problems, EPA, emissions controls and proper showing that ozone (which is caused by the California Air Resources Board, and maintenance and repair of emissions the photochemical reaction of NOX and engine manufacturers representing over controls during the life of the engine, VOCs) causes harmful respiratory effects 90 percent of annual nationwide engine including during engine rebuilding. including chest pain, coughing, and sales signed a Statement of Principles EPA viewed the proposals as necessary shortness of breath, affecting people (SOP) in July of 1995. The SOP because the proposed standards would with compromised respiratory systems established a framework for a proposed likely prompt manufacturers to add and children most severely. In addition, rulemaking, setting out goals and emissions control technologies, such as NOX itself can directly harm human conditions supported by the signatories. exhaust gas recirculation and exhaust health. Beyond their human health EPA sought early comment on the aftertreatment. The failure of such effects, other negative environmental general regulatory framework laid out in systems would not necessarily cause effects are also associated with ozone the SOP in an Advance Notice of decreased engine performance. Thus, and NOX. Ozone has been shown to Proposed Rulemaking (ANPRM) on EPA could not be certain that failure of injure plants and materials; NOX August 31, 1995 (60 FR 45580) and emissions control systems would contributes to the secondary formation issued a Notice of Proposed Rulemaking prompt the owner to perform repairs. of PM (nitrates), acid deposition, and (NPRM) on June 27, 1996 (61 FR 33421). Additionally, the proposed changes the overgrowth of algae in coastal The centerpiece of EPA’s proposal were intended to update existing estuaries. These environmental effects, was a new NOX plus nonmethane requirements to consider recent as well as the health effects noted above, hydrocarbon standard (NMHC) of 2.4 g/ increases in engine life. are described in the Regulatory Impact bhp-hr (or 2.5 g with a 0.5 g NMHC cap) The primary proposals for updating Analysis. (Additional information may for 2004 and later model years, which existing regulations included a be found in EPA’s ‘‘staff papers’’ and represents over a 50 percent reduction proposed increase in the useful life ‘‘air quality criteria’’ documents for from the 1998 NOX and HC standard of mileage interval for heavy heavy-duty ozone and nitrogen oxides 5 6 7 8). 4.0 g/bhp-hr and 1.3 g/bhp-hr, engines from 290,000 miles to 435,000 Today, many states are finding it respectively. EPA proposed the standard miles, an increase in the minimum difficult to show how they can meet or for both diesel and otto-cycle (primarily allowable maintenance intervals for maintain compliance with the current gasoline-fueled) engines. EPA requested several emissions related components, National Ambient Air Quality Standard comment on options for more stringent and changes in the emissions defect and (NAAQS) for ozone by the deadlines control of emissions from otto-cycle performance warranties. EPA also established in the Act. 9 There are 66 engine in response to comments proposed provisions to help ensure that areas currently designated received by the Agency on the ANPRM. emission controls are properly ‘‘nonattainment’’ for ozone. Because the standards would require the addressed during the process of engine Local, state and federal organizations use of technologies not yet fully rebuilding and not removed or charged with delivering cleaner air have developed and proven, EPA also otherwise dismantled. mounted significant efforts in recent proposed to reopen the rulemaking in This preamble is organized as follows: years to reduce air quality problems 1999 and review the appropriateness of associated with ground-level ozone, and the standards. Section II. describes the need for control and air quality benefits associated with there are signs of partial success. The In addition, EPA proposed several main precursors of ozone, oxides of other provisions. To provide critical the final rule, Section III. describes in detail the standards and all other nitrogen (NOX) and volatile organic flexibility to the manufacturers and help compounds (VOCs) 10 appear to have ease their transition to the new provisions being finalized; Section IV. describes each of the proposals, key been reduced, and average levels of standards, EPA proposed a modified ozone seem to have begun gradually averaging, banking, and trading (ABT) comments received by EPA, and any changes to the proposals as a result of decreasing. However, this progress is in program. The proposed program was jeopardy. EPA projects that reductions those comments; Section V. reviews the viewed to be tied directly to the in ozone precursors that will result from results of EPA’s economic analyses; The stringency of the standard. In the the full implementation of current remaining preamble sections pertain to NPRM, the Agency stressed that the emission control programs will fall far administrative requirements, statutory program changes would allow short of what would be needed to offset authority, judicial review, and more manufacturers to reasonably achieve a the normal emission increases that information on how to obtain copies of more stringent standard earlier than accompany economic expansion. By the rulemaking documents. The actual without the changes. EPA proposed a middle of the next decade, the Agency regulatory language follows the modified program for model years 1998 expects that the downward trends will preamble. through 2006, with the current ABT have reversed, primarily due to program resuming in 2007. Under the II. Need for Control and Air Quality proposed modified program, engine Benefits of This Rule 5 U.S. EPA, 1996, Review of National Ambient Air manufacturers could earn undiscounted, Quality Standards for Ozone, Assessment of unlimited life NOX and PM credits for The new emission standards for Scientific and Technical Information, OAQPS Staff use in meeting the 2004 standards. The highway HDEs that EPA is issuing today Paper, EPA–452/R–96–007. represent a major step in reducing the 6 U.S.EPA, 1996, Air Quality Criteria for Ozone current program requires a one-time 20 and Related Photochemical Oxidants, EPA/600/P– percent discount on any credits traded human health and environmental 93/004aF. or banked for future use and limits impacts of ground-level ozone and a 7 U.S. EPA, 1995, Review of National Ambient Air credit life to 3 years. For the modified significant contribution to reducing Quality Standards for Nitrogen Dioxide, Assessment program, EPA also proposed that secondary nitrate particulate matter of Scientific and Technical Information, OAQPS Staff Paper, EPA–452/R–95–005. manufacturers maintain at least a 5 (PM). This section summarizes the air 8 U.S.EPA, 1993, Air Quality Criteria for Oxides percent compliance margin, unless they quality rationale for these new of Nitrogen, EPA/600/8–91/049aF. had data to support the use of a smaller standards and their anticipated impact 9 See 42 U.S.C. 7401 et seq. margin. on heavy-duty vehicle emissions. 10 VOCs consist mostly of hydrocarbons (HC). Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54697 increasing numbers of emission sources. emissions will be necessary for many intended to address the effects of ozone By around 2020, EPA expects that NOX areas to attain and maintain compliance (and also PM, as discussed below) levels will have returned to current with the current ozone NAAQS. For the through substantial regional-scale levels in the absence of significant new regions listed above, the NOX reductions reductions in NOX throughout the reductions.11 To the extent that some needed are very large (greater than 50 country. EPA projects that the areas are seeing a gradual decrease in percent from base 1990 emissions in nationwide NOX reduction by 2020 will ozone levels in recent years, EPA many cases). New programs to control be approximately 1.1 million tons per believes that the expected increase in emissions from both stationary and year, or about 9.5 percent of projected NOX will likely result in an increase in mobile sources will be necessary in 2020 mobile source NOX emissions and ozone problems in the future. most of these areas, since it is unlikely 4.5 percent of all 2020 NOX emissions. NOX controls are an effective strategy that cost effective controls of this This is shown in Figure 1 and is for reducing ozone where its levels are magnitude can be achieved with either relatively high over a large region (as in discussed in detail in the RIA for this source category alone. Although in some rule. The Agency also expects that small the Northeast and much of the Midwest, locations and circumstances moderate NMHC reductions will also result from Southeast, and California). EPA and reductions in local NOX emissions may this program. EPA has designed this states see control of NOX emissions as be associated with localized increases in program to play a significant role in a key to improving regional-scale air ozone, the Agency is convinced that the quality in many parts of the country, in ultimate attainment goal of all reducing ozone levels in many areas of addition to local-scale VOC and NOX nonattainment areas necessitates the country in concert with other mobile controls. Specifically, EPA believes that continued reduction of regional-scale source and stationary source ozone reduction programs at the federal, state, regional-scale reductions in NOX NOX emissions. and local levels. 11 See Chapter 2 of the Regulatory Impact The new emission standards for Analysis associated with this rule. highway HDEs issued in today’s rule are BILLING CODE 6560±50±P 54698 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

BILLING CODE 6560±50±C Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54699

B. Particulate Matter attributes to that of ozone, secondary final rule, with any changes from the Particulate matter, like ozone, has PM also tends to be a regional, rather proposal also noted. A summary of the been linked to a range of serious than a strictly local phenomenon. For proposal is contained in preamble respiratory health problems. Particles this reason, EPA believes that regional- Section I., above. A full description of are deposited deep in the lungs and scale NOX controls, including control of the proposals, supporting rationale for result in effects including premature mobile NOX sources, are very effective these actions, and response to death, increased hospital admissions in reducing secondary PM over a comments are contained in the and emergency room visits, increased significant area. For example, Summary and Analysis of Comments for respiratory symptoms and disease, California’s PM SIPs for serious areas the rule. Preamble section IV., Public decreased lung function (particularly in conclude that secondary formation of Participation, also provides additional children and individuals with asthma), nitrate particulate due to regional-scale information. NOX emissions contributes to the and alterations in lung tissue and A. Emission Standards structure and in respiratory tract particulate problem in the South Coast defense mechanisms. These effects are Air Basin, Coachella Area, and the San 1. Standard Levels 15 discussed further in the RIA for this Joaquin Valley. EPA and the State of EPA is adopting the proposed California believe that reduction of this rule. (Additional information may be NMHC+NOX emission standards for on- fraction of the total PM will require found in EPA’s ‘‘staff paper’’ and ‘‘air highway heavy-duty diesel-cycle additional regional-scale reductions in quality criteria document’’ for engines fueled by diesel, methanol, and particulate matter.12 13) NOX emissions. The primary effect of the standards gaseous fuels and their blends. These Currently, there are 80 PM–10 standards apply to model year 2004 and nonattainment areas across the U.S. promulgated in this Notice on ambient PM levels will occur as a result of the later. Engine manufacturers will have (PM–10 refers to particles smaller than the choice of certifying heavy-duty 10 microns in diameter). As is the case large anticipated reductions in NOX. EPA expects that the resulting diesel engines to either of two optional with NOX, levels of PM caused by reductions in secondary PM will be sets of standards: mobile sources are also expected to rise 2.4 g/bhp-hr NMHC+NOx, or in the future. EPA believes that this significant, especially in areas of the 2.5 g/bhp-hr NMHC+NOX with a limit of projected increase will occur both West where nitrate PM is a major contributor to overall PM levels. In the 0.5 g/bhp-hr on NMHC. because of the expected increase in All emissions standards other than numbers of PM sources, including proposal, EPA estimated on the basis of existing information that 100 tons of NMHC and NOX applying to 1998 and diesel engines, and because NOX from later model year heavy-duty engines heavy-duty diesels and other sources is NOX will on average result in the continue at their 1998 levels. No new transformed in the atmosphere into fine formation of about 4 tons of nitrate PM. standards are being finalized for on- secondary nitrate particles. EPA recently evaluated this effect in 16 highway heavy-duty otto-cycle engines. Secondary nitrate PM accounts for a more detail. The report’s conclusions substantial fraction of the airborne confirmed EPA’s earlier estimate, also 2. 1999 Review particulate in some areas of the country, concluding that 100 tons of NOX reduction will on average result in about EPA is also finalizing today a especially in the West. Measurements of regulatory provision providing for 1999 ambient PM in some western U.S. urban 4 tons of secondary PM reduction. (The conversion rate varies from region to review of the standard levels finalized areas that are having difficulty meeting in this rule. As proposed, this review the current NAAQS for PM–10 have region, and is greatest in the West.). Based on the average conversion rate, will reassess the appropriateness of the indicated that secondary PM is a very standards under the Clean Air Act important component of the problem. EPA estimates that the approximately 1.1 million tons per year of NOX including the need for and technical Secondary nitrate PM (consisting mostly and economical feasibility of the ammonium nitrate) is the major reduction from today’s rule by 2020 will result in a national average reduction in standards based on information constituent of this secondary PM. For available in 1999. If during the review example, in Denver, on days when PM secondary PM of about 44,000 tons per year. This estimated average nitrate PM EPA concludes that a revision is levels are high, about 25 percent of the reduction is similar in magnitude to that appropriate, a rulemaking will be measured PM–2.5 is ammonium nitrate. which would result from reducing the conducted to determine the appropriate In the Provo/Salt Lake City area, diesel PM emission standard by half.17 level for the model year 2004 and later secondary PM comprises about 40 standards. The standards finalized today percent of the measured PM–10. III. Content of the Final Rule will stay in effect unless revised by this Similarly, in the Los Angeles Basin, The following is a concise description subsequent rulemaking procedure. In secondary nitrate PM levels represent of the regulations being adopted in this addition, EPA, together with the oil and 14 about 25 percent of measured PM–10. engine industries, is engaged in Nitrate PM constitutes a smaller, but 15 Memorandum to the docket from Carol assessing the potential impact of fuel often important, fraction of PM in other Bohnenkamp, EPA Region 9, regarding regional changes on emissions from 2004 and areas of the country. nature of secondary nitrate PM in California, July later model year diesel engine Because the atmospheric chemistry of 30, 1997. Docket A–95–27. 16 technology. secondary PM formation has common Benefits of Mobile Source NOX Related Particulate Matter Reductions, October 1996, EPA The 1999 review process has the Contract No. 68–C5–0010. potential of either tightening or relaxing 12 U.S. EPA, 1996, Review of National Ambient 17 Based on the following calculation: The the standards finalized today. If due to Air Quality Standards for Particulate Matter, difference between the 1998 and 2004 HDE NOX Assessment of Scientific and Technical standards is nominally 2.0 g/bhp-hr (4.0 vs. 2.0 new information in 1999 EPA finds the Information, OAQPS Staff Paper, EPA–452/R–96– g/bhp-hr). Using the above estimated average factor standards to not be technologically 013. of 4% of NOX being converted to secondary PM, an feasible for model year 2004 or 13 U.S.EPA, 1996, Air Quality Criteria for equivalent reduction in secondary PM of 0.08 otherwise not in accordance with the Particulate Matter, EPA/600/P–95/001aF. g/bhp-hr can be estimated. This reduction in 14 Summary of Local-Scale Source secondary PM compares to the roughly 0.05 g/bhp- Act, then EPA expects to propose Characterization Studies, EPA–230–S–95–002, July, hr that potentially would result from a reduction in adjusted standards which do not exceed 1994. the HDE PM standard from 0.1 to 0.05 g/bhp-hr. the following: 54700 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

2.9 g/bhp-hr NMHC+NOx or 3. NMHC Measurement emissions defect and performance 3.0 g/bhp-hr NMHC+NOx with a limit of For heavy-duty diesel engines, EPA is warranties, and (2) new provisions 0.6 g/bhp-hr NMHC allowing three options to the regarding maintenance and repair of measurement procedures currently in emissions controls after the end of the EPA believes that the 2004 model year place for alternative fueled engines. useful life, including manufacturer standards being finalized today are They are as follows: (1) Use a THC requirements and engine rebuild technologically feasible without any measurement in place of an NMHC provisions. All of the following changes changes to diesel fuel. As part of the measurement; (2) use a measurement to the regulations are effective beginning 1999 review, EPA will evaluate in light procedure specified by the manufacturer with the 2004 model year. of any new information whether diesel with prior approval of the 1. Useful Life fuel improvements are needed for the Administrator; or (3) subtract two standards to be appropriate for 2004. If percent from the measured THC value to EPA is finalizing a revised useful life EPA finds that diesel fuel changes are obtain an NMHC value. The for the heavy heavy-duty diesel engine needed to meet the standards finalized methodology must be specified at time service class of 435,000 miles, 22,000 here and if EPA believes such changes of certification and will remain the same hours, or 10 years, whichever occurs would be a cost-effective method for for the engine family throughout the first, for all pollutants beginning in reducing emissions and appropriate engines’ useful life. model year 2004.18 In response to under section 211 of the Clean Air Act, For natural gas vehicles, EPA is comments, EPA has modified the useful then EPA will address the potential for allowing the option of measuring NMHC life for heavy heavy-duty engines from fuel improvements through a separate through direct quantification of the proposal by increasing the hours rulemaking which will include a individual species by gas interval and removing a minimum separate cost-effectiveness analysis and chromatography. mileage interval. EPA proposed a useful opportunity for public comment. 4. Non-Conformance Penalties life of 435,000 miles, 13,000 hours, or However, if EPA were to determine in ten years whichever occurred first, but the 1999 review that the feasibility of Section 206(g) of the Clean Air Act in no case less than 290,000 miles. As the standards requires diesel fuel requires EPA to allow a HDE proposed, EPA is also establishing a changes and EPA does not engage in a manufacturer to receive a certificate of useful life years interval of 10 years for rulemaking to require such changes, compliance for an engine family which all heavy-duty engine service classes, EPA expects to propose adjusted exceeds the applicable standard (but otto-cycle and diesel-cycle, and all standards which do not exceed the does not exceed an upper limit) if the pollutants. following: manufacturer pays a non-conformance penalty established by EPA through 2. Emissions Related Maintenance 3.4 g/bhp-hr NMHC+NOx or rulemaking. The NCP program EPA is finalizing the changes to 3.5 g/bhp-hr NMHC+NOx with a limit of established through rulemaking is emission related maintenance intervals 0.7 g/bhp-hr on NMHC codified in Subpart L of 40 CFR Part 86. EPA plans to address provisions related shown in Table 1, with compliance Based on the technical analysis in the to NCPs for the 2004 model year beginning in 2004. The intervals are in RIA, the levels described above standards in conjunction with the 1999 miles or hours, whichever occurs first. represent upper limits for any potential review discussed above. The term ‘‘Add-on emissions-related revisions. Because EPA does not at this component’’ is being defined as a point predict further breakthroughs in B. In-Use Emissions Control Elements component whose sole or primary innovative emission reduction EPA is finalizing provisions to purpose is to reduce emissions or whose technology for mass production in the enhance the control of emissions from failure will significantly degrade 2004 time frame which would allow for in-use vehicles subject to the new model emissions control and whose function is a standard lower than that being year 2004 standards. Where noted, some not integral to the design and finalized, a lower limit is not predicted of the provisions below also apply to performance of the engine. EPA is not at this time. However, if EPA 2004 and later model year otto-cycle changing the interval for EGR filters and determines that lower standards are engines. The in-use provisions include coolers from its current interval of technologically feasible and appropriate both: (1) Revisions of existing 50,000 miles (1,500 hours). The under the Clean Air Act, EPA expects to regulations, including useful life, maintenance interval changes are being propose those lower standards. emissions-related maintenance, and finalized as proposed.

TABLE 1ÐCHANGES TO MINIMUM EMISSION-RELATED MAINTENANCE INTERVALS

Intended service class Component or system Change to minimum maintenance interval

Otto-cycle engines ...... EGR system (except filters and Increase from 50,000 miles (1,500 hours) to 100,000 miles (3,000 coolers). hours). Light HDDEs ...... EGR system (except filters and Increase from 50,000 miles (1,500 hours) to 100,000 miles (3,000 coolers). hours). ÐAdd-on emission-related compo- Establish 100,000 mile (3,000 hour) interval. nents. ÐCatalytic converter Medium and heavy HDDEs ...... EGR system (except filters and Increase from 50,000 miles (1,500 hours) to 150,000 miles (4,500 coolers). hours).

18 Note that for an individual engine, if the useful shall become 10 years/100,000 miles, whichever used only very rarely, if ever, given the usage life hours interval is reached before the engine occurs first, as required under Clean Air Act section patterns of affected vehicles. reaches 10 year or 100,000 miles, the useful life 202(d). EPA believes that this provision will be Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54701

TABLE 1ÐCHANGES TO MINIMUM EMISSION-RELATED MAINTENANCE INTERVALSÐContinued

Intended service class Component or system Change to minimum maintenance interval

ÐAdd-on emission-related compo- Establish 150,000 mile (4,500 hour) interval. nents. ÐCatalytic converter

3. Emissions Defect and Performance are being finalized as proposed for both year engines electing to use such signal Warranties diesel and otto-cycle engines. systems to ensure that critical Engine manufacturers provide owners emissions-related maintenance has a Currently, the emissions defect and with manuals specifying maintenance reasonable likelihood of being emissions performance warranty needed to ensure proper engine performed must design the systems so periods are specified in hours and miles operation. Starting in 2004, EPA is that they do not cease to function at or intervals. The regulations also provide requiring that manufacturers include in beyond the end of the regulatory useful that the warranty periods for highway the engine service manual, maintenance life. For example, if the signal is HDEs may in no case be less than the which may be needed for emissions designed to be actuated based on manufacturer’s basic mechanical related components after the end of the mileage intervals, it must be designed to warranty period for the engine family.19 engine’s regulatory useful life, including continue to signal the driver at the same However, manufacturers often provide mileage/hours intervals and procedures intervals after the end of the useful life. extended warranties for individual for determining whether or not EPA will not, however, hold the engines. EPA proposed that the maintenance or repair is needed. The manufacturer responsible or liable for warranty period be at least as long as the recommended practices must also recall due to signal failure in instances basic mechanical warranty of the include instructions for accessing and where the signal fails to function as engine, whether it be the published responding to any emissions-related designed beyond the end of the useful warranty for the engine family or a diagnostic codes that may be stored in life. Manufacturer recall liability is longer warranty provided to the engine on-board monitoring systems. The limited to failures during the regulatory purchaser. In response to comments, recommended maintenance practices useful life under section 207 of the EPA is revising the regulations may be based on engineering analysis or Clean Air Act. (The manufacturer is also regarding the warranty period as other sound technical rationale. In the not responsible for repairs when the follows. The warranty period shall not event that an emission-related signal does function after the end of the be less than the basic mechanical component is designed not to need useful life unless such repairs are warranty of the particular engine as maintenance during the full life of the covered by the emission warranty.) provided to the purchaser. Thus, the vehicle, the manual would need to 5. Engine Rebuilding Provisions warranty shall be longer than that contain, at a minimum, a description of published for the engine family in cases the component, noting its purpose, and Clean Air Act section 203(a)(3) states where a manufacturer provides to the a statement that the component is that it is prohibited for ‘‘any person to customer a longer basic mechanical expected to last the life of the vehicle remove or render inoperative any device warranty for a particular engine. without maintenance or repair. In or element of design installed on or in Extended warranties on select parts do addition, manufacturers are required to a motor vehicle or motor vehicle not extend the emissions warranty include in the manual the rebuild engine’’ in compliance with regulations, requirements for the entire engine but provisions being adopted by the either before or after its sale and only for those parts. Also, in cases Agency, as described below, to ensure delivery to the ultimate purchaser. 42 where responsibility for an extended that owners and rebuilders are aware of U.S.C. 7522 (a)(3)(A). EPA commonly mechanical warranty is shared between the requirements. refers to violations of this provision of the owner and the manufacturer, the Under existing regulations, the Clean Air Act as tampering. Engine manufacturer is responsible only for manufacturers must ensure that critical rebuilding practices are currently their share of the emissions warranty emissions-related scheduled addressed in general terms under EPA per the warranty agreement. These maintenance has a reasonable likelihood policies established under Clean Air Act changes to the warranty provisions of being performed in-use. section 203(a)(3) regarding tampering. apply to both diesel and otto-cycle Manufacturers may elect to provide The Agency has established a policy engines. such assurance by using some form of that when switching heavy-duty engines on-board driver notification when the new engine must be ‘‘identical to a 4. Additional Manufacturer maintenance is needed on a critical certified configuration of a heavy-duty 20 Requirements emission related component. The engine of the same or newer model signal may be triggered either based on year’’.22 EPA has also established EPA proposed modest new mileage intervals or component failure. manufacturer requirements which may policies regarding the use of aftermarket It is currently considered a violation of parts during rebuild.23 EPA is codifying increase the likelihood of emissions the Clean Air Act’s prohibition on related maintenance being performed these policies as they apply to engine tampering (Section 203(a)(3)) to disable rebuilding, and also finalizing new when needed after the end of the or reset the signal without also engine’s useful life by providing measures, as follows, for both diesel and performing the indicated maintenance otto-cycle engines. information to the vehicle owner. EPA procedure.21 received only supportive comments on EPA is finalizing a requirement that 22 these proposals. Therefore, all of the manufacturers of 2004 and later model Engine Switching Fact Sheet, April 2, 1991. following manufacturer requirements Docket A–95–27, II–B–6. 23 ‘‘Interim Tampering Enforcement Policy’’, 20 40 CFR 86.094–25(b)(6)(ii)(C). Mobile Source Enforcement Memorandum No. 1A., 19 40 CFR 86.094–2(f). 21 40 CFR 86.094–25(b)(6)(iii). June 25, 1974. Docket A–95–27, II–B–5. 54702 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

Under the regulatory provisions the above provisions must be checked requiring such records to be kept for two finalized today, parties involved in the and cleaned, repaired, or replaced years after the engine is rebuilt. process of rebuilding or where necessary, following Parties may keep the information in remanufacturing model year 2004 and manufacturer recommended practices. whatever format or system they choose, later engines (which may include the Any person or entity engaged in the provided that the information can be removal of the engine, rebuilding, process, in whole or in part, of understood by an EPA enforcement assembly, reinstallation and other acts rebuilding engines who fails to comply officer. Parties are not required to keep associated with engine rebuilding) must with the above provisions shall be liable information that they do not have access follow the provisions described below for tampering in violation of CAA to as part of normal business practices. to avoid the actions being characterized section 203(a)(3). Parties are responsible If it is customary practice to keep as tampering with the engine and its for the activities over which they have records for engine families rather than emissions controls: control and as such there may be more specific engines, where the engines (1) During engine rebuilding, parties than one responsible party for a single within that family are being rebuilt or involved must have a reasonable engine in cases where different parties remanufactured to an identical technical basis for knowing that the perform different tasks during the configuration, such recordkeeping rebuilt engine is equivalent, from an engine rebuilding process (e.g., engine practices would satisfy these emissions standpoint, to a certified rebuild, full engine assembly, requirements. Rebuilders can use configuration (i.e., tolerances, installation). EPA is not finalizing any records such as build lists, parts lists, calibrations, specifications) and the certification or in-use emissions and engineering parameters that they model year(s) of the engine requirements for the rebuilder or engine keep for the engine families being configuration must be identified. A owner. rebuilt rather than on individual reasonable basis would exist if: In response to comments, EPA has engines, provided each engine is rebuilt (a) Parts used when rebuilding an removed proposed provisions requiring in the same way to those specifications. engine, whether the part is new, used, that the rebuilder or remanufacturer In addition, rebuilders are not required or rebuilt, is such that a person familiar rebuild engines to the same or newer to keep information on each individual with the design and function of motor model year configuration when the emissions related diagnostic code that vehicle engines would reasonably engine is not going to be placed back might be reset if the codes are always believe that the part performs the same into the original vehicle. EPA has also addressed through a set of uniform function with respect to emissions modified rebuild provision (2) which, in procedures that are followed during the control as the original part, and the proposal, read ‘‘A replacement rebuilding process. For example, if an (b) Any parameter adjustment or engine must be of (or rebuilt to) a engine is equipped with a sensor that design element change is made only (i) configuration of the same or later model monitors the EGR flow rate, the in accordance with the original engine year engine. Thus, in addition, under rebuilder may keep on record the manufacturer’s instructions or (ii) where the proposed regulations a party specifications and procedures used to data or other reasonable technical basis supplying a rebuilt engine would be rebuild the EGR system in all instances. exists that such parameter adjustment or prohibited from supplying a EPA expects that engine design element change, when performed replacement engine that is not rebuilt to remanufacturers currently keep these on the engine or similar engines, is not a configuration of the same or later types of records in order to control the expected to adversely affect in-use model year as the trade-in engine.’’ quality of their products. emissions. Provision (2) was modified because the In the NPRM, EPA explained that it (2) When an engine is being rebuilt language regarding ‘‘a party supplying a was considering adopting minor and remains installed or is reinstalled in rebuilt engine’’ could be construed to recordkeeping requirements in the final the same vehicle, it must be rebuilt to mean an engine remanufacturer or other rule. In response to comments, EPA has a configuration of the same or later party not working directly with the modified the contemplated model year as the original engine. When vehicle. EPA believes that parties not recordkeeping requirements to: (1) an engine is being replaced, the working directly with the vehicle Further clarify that records may be kept replacement engine must be an engine should not have an obligation to ensure on an engine family basis, (2) allow of (or rebuilt to) a configuration of the that the correct engine is placed in the parties to keep information in whatever same or later model year as the original vehicle. format or system they choose, provided engine. EPA is adopting minor recordkeeping that the information can be understood (3) At the time of rebuild, emissions- requirements which EPA believes are by an EPA enforcement officer, and (3) related codes or signals from on-board in-line with customary business not require parties to keep information monitoring systems may not be erased practices and which will assist EPA in that they do not have access to as part or reset without diagnosing and assessing compliance with the new of normal business practices. responding appropriately to the rebuild provisions. The records shall be diagnostic codes, regardless of whether kept by persons involved in the process C. Revised Averaging, Banking, and the systems are installed to satisfy EPA of heavy-duty engine rebuilding or Trading Provisions requirements under 40 CFR 86.094–25 remanufacturing and shall include the EPA is finalizing with revisions or for other reasons and regardless of mileage and/or hours at time of rebuild various modifications to the ABT form or interface. Diagnostic systems and a list of the work performed on the program. EPA believes this program is must be free of all such codes when the engine and related emission control an important element in making the rebuilt engines are returned to service. systems including a list of replacement stringent emissions standards adopted Further, such signals may not be parts used, engine parameter today appropriate with regard to rendered inoperative during the adjustments, design element changes, technological feasibility, lead time, and rebuilding process. emissions related codes and signals that cost. The ABT program provides (4) When conducting an in-frame are responded to and reset and the important flexibility to manufacturers, rebuild or the installation of a rebuilt response to the signals and codes, and helping them to transition their entire engine, all emissions-related work performed as described in item (4) product lines to the new standards. The components not otherwise addressed by of the rebuild provisions above. EPA is ABT program also encourages the early Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54703

introduction of cleaner engines, thus above 1.9 g/bhp-hr NMHC+NOX with finalizing its proposal for pre-2004 securing earlier emissions benefits. The the following exception: carry-over model years to allow NOX credits to be modified ABT program being engine families certified prior to 2004 generated based on a useful life of implemented by EPA for 1998 and later with NOX+NMHC certification levels 435,000 miles while retaining the actual model year engines applies only to below the 2004 standards may earn useful life for the engine family at diesel cycle engines. EPA proposed but undiscounted credits through model 290,000 mile interval for all other is not finalizing the modified ABT year 2006. For model year 2007 and program purposes. EPA proposed to program for otto-cycle engines. (The thereafter, the 10 percent discount allow manufacturers to establish an FEL ABT program implemented in 1990 applies. As with credits generated in the based on simple extrapolation of the remains in effect for otto-cycle engines). modified program prior to 2004, there deterioration factor for NOX from The provisions being finalized for the will be no limit on credit life for credits 290,000 miles to 435,000 miles and earn modified ABT program are described generated after 2004 under the modified credits up to 435,000 miles without below. As proposed, the modified program. As proposed, the upper limits incurring any additional in-use liability program and current program are for NMHC+NOX and PM certification for the mileage between 290,000 mile separate and engines cannot participate will be 4.5 g/BHP-hr and 0.25 g/BHP-hr, and 435,000 miles. Because EPA is not in both programs. Credits generated respectively. That is, no engine family finalizing the proposed change, all under the modified program may be may use credits to establish FELs above credits must be based on the useful life used only in 2004 and later model years. either of these levels. of the engine family, which is the As was proposed, credits generated For reasons discussed later in this current Agency requirement. between 1998 and 2003 are based on document, as well as in the Summary Manufacturers wanting to generate NOX only, not NMHC+NOX, and are and Analysis of Comments, the credits up to 435,000 miles will be calculated against the 4.0 g/BHP-hr NOX provisions regarding credit life and required to establish the 435,000 mile emission standard. Diesel PM credits are discounting differ somewhat from those interval as the official useful life for the based on reductions beyond the 0.10 g/ proposed. EPA proposed no discounting engine family. Second, EPA is not BHP-hr emission standard for truck or credit life limits for the modified finalizing its proposal to require a engines and the 0.05 g/BHP-hr emission program. EPA also proposed that the compliance margin (i.e., the difference standard for urban buses. Credits earned modified program end in 2007 and that between the engine certification level under the modified program may be all credits thereafter would be generated and the FEL) of at least 5 percent under transferred to the current program but under the current program which the modified ABT program. All of the would then be subject to the current includes a one-time discount of 20 above changes to the modified ABT program’s credit life limit of three years percent and a three year credit life limit. program are being made for the reasons from model year of generation and a Under the final rule, the modified explained in the Summary and Analysis one-time 20 percent discount. program does not end in 2007, but of Comment document for this rule. For the modified program between continues indefinitely. In addition, as 1998 and 2003, for engine families noted above, credits for engine families D. Display of OMB Control Numbers certified at NOX levels ≤3.5 g/BHP-hr, certified above the appropriate trigger EPA is also amending the table of no discount will be applied to any NOX level will have a 10 percent discount. currently approved information or PM credits generated for banking or There are several other provisions collection request (ICR) control numbers trading. For engine families certified at which apply to the modified program issued by OMB for various regulations. NOX levels above 3.5 g/BHP-hr, a one- beginning in model year 1998. First, as This amendment updates the table to time 10 percent discount will be applied proposed, EPA is eliminating the ‘‘buy accurately display those information to all credits generated for banking and high-sell low’’ conversion factor requirements contained in this final trading against the model year 2004 provision of 86.094–(c)(2) and replacing rule. This display of the OMB control standards, both NOX and PM. For it with the production-weighted average numbers and their subsequent example, if an engine family is certified value. Under the current buy high-sell codification in the Code of Federal to a NOX level of 3.7 in the modified low provision, families generating Regulations satisfies the requirements of program, the manufacturer will earn credits use the lowest horsepower the Paperwork Reduction Act (44 U.S.C. only 0.27 g/bhp-hr (0.3x.9) credit for use configuration factor and those using 3501 et seq.) and OMB’s implementing in meeting the 2004 standard. The credit credits use the highest horsepower regulations at 5 CFR 1320. life for credits under the modified configuration factor in the formula to The ICR was previously subject to program is unlimited. establish the number of credits public notice and comment prior to Beginning in 2004, the form of the generated or used. In the modified OMB approval. As a result, EPA finds standard changes from separate HC and program, the production-weighted that there is ‘‘good cause’’ under section NOX standards to a combined average value will be used in both cases. 553(b)(B) of the Administrative NMHC+NOX standard. Therefore, Second, because the 2004 standards Procedure Act (5 U.S.C. 553(b)(B)) to starting in 2004, credits will be based on apply in all fifty states, beginning in amend this table without prior notice combined NMHC+NOX values. 2004, the California and federal and comment. Due to the technical NMHC+NOX credits will be generated programs will harmonize and ABT will nature of the table, further notice and against the 2.4 g/BHP-hr standard. be applicable to all federal comment would be unnecessary. Diesel PM credits will continue to be certifications. Third, EPA is finalizing generated against the 0.10 g/BHP-hr provisions to allow manufacturers the IV. Public Participation emission standard for truck engines and option to make the NOX and PM credits Following the NPRM, EPA held a the 0.05 g/BHP-hr emission standard for generated by their engines available to public hearing on August 12, 1996, and urban buses. For engine families other persons for use outside the ABT accepted written comments on the certified with NMHC+NOX levels at or program instead of limiting credits to proposals. This preamble section below 1.9 g/BHP-hr, credits will not be only manufacturers. provides an overview of certain key discounted. Credits for banking and Based on comments received EPA is issues raised in the NPRM, a summary trading will be discounted by 10 percent not finalizing two provisions which had of comments on these issues, and EPA’s for engines with certification levels been proposed. First, EPA is not response to the comments, including 54704 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations any significant changes to the inventories simulating the atmospheric urban ozone increases resulting from rulemaking as a result of the comments. loading of ozone precursors in future NOX reductions do not cause For EPA’s detailed analysis of the years. These inventories are useful for exceedance of the ozone standard. There comments received on the NPRM, the projecting trends in emissions over time are a few days in a few urban areas reader is directed to the Summary and and for understanding the relative where NOX reductions are predicted to Analysis of Comments document for the importance of various emission sources. produce ozone increases in portions of rulemaking. For information on how to The second major step is to input an urban area with high ozone obtain copies of the public hearing specially prepared inventories into a concentrations. In these circumstances, transcript, written comments, and the complex grid-based air quality model additional VOC control measures may Summary and Analysis of Comments which simulates the photochemistry of be needed to offset associated ozone document, please see the ADDRESSES ozone formation over a geographic area increases due to NOX emissions section above. for the same future years. Modelers have decreases in local areas. been able to gradually improve the Nonetheless, modeling analyses A. EPA’s Air Quality Justification for the quality of both of these types of conducted as part of the OTAG process Proposed Program modeling over many years, and indicated that, in general, NOX In the NPRM, EPA expressed its belief improvements continue. reduction disbenefits are inversely that improvements in air quality in As discussed more fully in the related to ozone concentration. On the many parts of the country will continue Summary and Analysis of Comments low ozone days leading up to an ozone to be necessary in the future. document, EPA believes that the episode (and sometimes the last day or Specifically, the Agency presented the available computer modeling of so) the increases are greatest, and on the results of analyses indicating that the emissions and air quality, while of high ozone days, the increases are least emissions of key pollutants can be necessity complex and continually (or nonexistent); the ozone increases expected to increase without further undergoing improvement, clearly occur on days when ozone is low and controls and that air quality (in the case provides a legitimate basis for today’s the ozone decreases occur on days when of both ozone and particulate matter) is rule. The Agency believes that its ozone is high. This indicates that, in likely to worsen as a result. In proposing modeling projects with reasonable most cases, urban ozone increases may new standards for highway HDEs, the accuracy that, absent new control not produce detrimental effects. Overall, Agency relied on these projections in programs, NOX emissions would OTAG modeling thus demonstrates that concluding that it should proceed with increase in the future and that the the ozone reduction benefits of NOX regulatory action as soon as possible. expected result would be increased control outweigh the disbenefits of Some commenters questioned this ozone problems for many areas. urban ozone increases in both conclusion, disputing whether the magnitude of ozone reduction and 2. Possible Ozone Increases From NO available information in fact justifies X geographic scope. establishing new standards for highway Reduction The Agency has concluded that the HDEs. Others argued the opposite—that In the ANPRM and NPRM, EPA overall benefit of large regional immediate action is indeed justified. discussed the well known phenomenon reductions in NOX, like those that Those questioning EPA’s analysis raised that reducing NOX emissions in a local would occur with the HDE standards several issues. First, some commenters area may in certain circumstances result finalized today, warrant such controls argued that currently available in an increase in ozone in limited parts even where localized ozone increases computer modeling is not of sufficient of the area. Some commenters suggested may occur.24 25 quality to draw conclusions about the that, as a result of this phenomenon, any 3. Trends in Ozone Levels future need for NOX control. Second, proposed action to reduce NOX several commenters had differing emission would be unwise or EPA is aware of data indicating opinions about how much EPA national premature. After consideration of all gradual improvements in ozone levels ozone reduction policy should be comments received on this subject, EPA over the past several years. The Agency affected by the fact that NOX reductions believes that nothing in the comments attributes this apparent trend to the can cause increases in ozone under warrants a different course of action success of past NOX and VOC control localized conditions. EPA stated its than that proposed by the Agency. In programs. Since the Agency has belief in the proposal that the large fact, air quality modeling work done concluded that NOX levels will continue expected benefits of NOX control over since the analysis presented in the downward for several years but then broad areas within and surrounding NPRM shows that the Agency’s level off and begin to rise, the welcome nonattainment areas should be pursued justification for pursuing the proposed downward trend in ozone cannot, even if these NOX reductions have a program is appropriate. unfortunately, be expected to continue neutral or negative effect in localized The OTAG addressed the complex without new emission reductions. EPA portions of some nonattainment areas. issue of regional impacts due to does not agree with the commenter that Third, one commenter presented an transport of NOX and VOC emissions. the current trends indicate that new analysis of ozone monitors concluding The OTAG modeling results indicate NOX control programs are not necessary. that the number of national ozone that urban NOX reductions produce Rather, these data help show that NOX exceedances has been steadily widespread decreases in ozone control can be very effective in reducing decreasing over time (when adjusted for concentrations on high ozone days. In ozone. Moreover, the data reinforce ambient temperatures). These issues are addition, urban NOX reductions also EPA’s belief (as discussed in Section II. discussed below. produce limited increases in ozone above) that there will likely be an concentrations locally, but the 1. Modeling magnitude, time, and location of these 24 ‘‘EPA Staff Observations from Recent Air The emissions and air quality increases generally do not cause or Quality Modeling,’’ Memorandum from Norm modeling to which the commenters refer contribute to high ozone concentrations. Possiel to Tad Wysor, August, 1997. 25 Also see EPA’s notice of denial of API petition falls into two related categories that are Most urban ozone increases modeled in for reconsideration of the Phase II reformulated generally performed sequentially. The OTAG occur in areas already below the gasoline NOX standard. (62 FR 11346 (March 12 first major step is to develop emission ozone standard and, thus, in most cases, 1997)). Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54705

upward trend in NOX emissions and commented that even meeting the in-cylinder or engine-based control ozone in the future if further NOX current diesel PM standards while strategies. However, most of the light controls are not implemented. The reducing NOX emissions by 50 percent heavy-duty diesel engines have Agency believes, therefore, that further presents a significant technical employed the use of aftertreatment NOX controls, including the HDE challenge. The manufacturers devices such as oxidation catalysts to standards issued today, must be commented that further reduction in the reach this level. All urban bus engines vigorously pursued. PM standard would threaten the overall have used aftertreatment to achieve the feasibility and cost-effectiveness of the applicable 0.05 g/bhp-hr diesel PM B. Level of Standards 2004 NMHC plus NOX standards. In the standard, albeit at somewhat higher cost 1. Diesel Engines—NOX Plus NMHC case of urban buses, manufacturers and cost effectiveness values than for asked for a relaxation in the level of the truck engines. While there are clearly EPA proposed a combined PM standard to be able to meet the new different emission control strategy NMHC+NOX standard of 2.4 g/bhp-hr levels for NMHC+NOX emissions. philosophies among the manufacturers with an option to manufacturers of 2.5 EPA understands the concerns that and differences among engines g/bhp-hr with a NMHC cap of 0.5 g/bhp- have been raised by the state, technologies that lead to these hr. The emission standards proposed in environmental, and health commenters variations in technological approach, the NPRM for diesel-cycle engines were and has an interest in pursuing further further work is needed to identify and based on what EPA considered to be the control of PM emissions if appropriate. evaluate what set of control strategies greatest achievable reductions from As discussed in more detail above and have the greatest potential to achieve technology expected to be available in in the Regulatory Impact Analysis, PM full life emission control at diesel PM 2004, giving appropriate consideration emissions can cause risks to public levels less than 0.10 g/bhp-hr while also to cost, energy, and safety. Commenters health and welfare, including a range of reducing NOX to approximately 2 g/bhp- showed general support for the respiratory illnesses and aggravation of hr. This ultimate set of strategies may alternative NMHC+NOX standards cardiovascular disease. EPA is involve aftertreatment techniques proposed by EPA. The manufacturers reviewing and will continue to review similar to those currently used on light commented that the proposed many strategies for reducing harmful heavy-duty diesel engines and urban NMHC+NOX standards will be feasible emissions of PM, including reduction of buses or could be a technology still in for most highway heavy-duty diesel emissions from internal combustion research and development. However, at engines in 2004, provided that PM engines. In fact, the reductions in NO this time, it is uncertain whether standards do not change. Manufacturers X emissions resulting from this rule will potential methods for reduction of PM expressed specific support for the significantly lower secondary formation and NOX from heavy-duty engines are standards as they were proposed, of nitrate PM. 26 capable of reducing emission levels for including the optional 2.5 g/bhp-hr However, based on the information the great majority of the heavy-duty standard with 0.5 g/bhp-hr NMHC cap. available today and the statutory factors engine fleet below the standards EPA did not receive comment set forth in section 202(a)(3)(A) of the promulgated today in a manner that is recommending another level for the Clean Air Act, EPA has determined that reliable for the full useful life of the standard for diesel engines. the current diesel PM standards are the engines. Further discussion regarding Based on current information, EPA lowest appropriate levels in 2004 in the technological feasibility can be found in has determined that the proposed context of an approximate 50 percent the Summary and Analysis of revision of NOX and NMHC standards is reduction in NOX. Because of the trade- Comments and the Regulatory Impact appropriate for 2004. The assessment of off between NOX and PM emissions, Analysis. feasibility in the NPRM remains manufacturers will have to undertake Closely related are the issues of cost unchanged. An overview of the engine considerable effort to keep PM and cost effectiveness. The purchase changes manufacturers are expected to emissions below the current standard and operating cost implications of any make to meet the standards can be while essentially halving NOX additional control technology must be found in the Economic Impact emissions. EPA cannot be certain at this considered as part of further evaluation, discussion later in the preamble and in time that any further reductions in PM as should the cost-effectiveness of the Regulatory Impact Analysis. emissions can be realized in manner further reductions in new engine 2. Highway Diesel Engine—PM that is durable, reliable for the majority emission standards. This is best of the fleet, and cost-effective. As evaluated in the context of the possible In the NPRM, EPA proposed to leave discussed below and in the Summary control technologies as discussed above. the diesel engine PM standards at their and Analysis of Comments, the ability There are other open scientific and current levels: 0.10 g/bhp-hr for truck of urban buses to meet a more stringent technical issues that EPA plans to engines and 0.05 g/bhp-hr (0.07 in-use) standard for PM does not necessarily consider prior to the 1999 review. One for urban buses. State, health, and mean that such a standard is feasible issue is related to the form of the diesel environmental groups were unanimous and appropriate for all heavy duty particulate standard. Current EPA diesel in their comments exhorting EPA to diesel engines. particulate standards are based on mass move forward with additional control of Open issues regarding control per unit work (g/BHP-hr), and EPA diesel PM from on-highway heavy-duty technology and strategy have continues to believe that this is the diesel engines. These commenters contributed to EPA’s decision not to appropriate form for setting standards. focused on the need for control of diesel lower PM standards at this time. To Recently, an issue of a potential impact PM in the context of health effects from date, most medium heavy-duty and all of technology on particle size PM exposure and EPA’s recent proposal heavy heavy-duty diesel engine families distribution has arisen. Virtually all to revise the National Ambient Air have been successful in meeting the diesel particulate matter has a diameter Quality Standard for PM. The groups 0.10 g/bhp-hr diesel PM standard using less than 1.0 micron and is thus fully also noted that the urban bus standard respirable by humans. A recent study for PM was 0.05 g/bhp-hr and argued 26 sponsored by the Health Effects Institute Benefits of Mobile Source NOX Related that all diesel HDEs could meet that Particulate Matter Reductions, October 1996, EPA on two similar and recent engine level. In contrast, the manufacturers Contract No. 68–C5–0010. models (one of a later technology) 54706 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations indicated that while the total mass of applied to several different types of using the chassis test cycle specified in PM emissions was lower in the newer truck applications and can experience a 40 CFR Part 86, subpart M for heavy- technology engine, the remaining much wider range of duty cycles. The duty gasoline vehicles. particles from the new engine were duty cycle that engines will see is C. In-Use Emissions Control and smaller in diameter and more important because manufacturers must Compliance numerous. 27 The implications of this design engines to meet the standards information are not clear either with over their full useful lives. Moreover, 1. In-Use Emissions Control Regulatory regard to technology or health effects. the particular emphasis on PM Elements While EPA continues to believe that reductions in section 219 of the Act The NPRM contained several mass-based emission standards for PM indicates that Congress was especially proposals which involved modifications interested in such reductions from are the most appropriate form, more to existing regulations, including urban bus engines and considered more information on the impact of any regulations for the useful life of the stringent standards appropriate for such advanced engine and emission control engine, emissions performance and engines, even if costs are higher relative technology on diesel PM size, particle defect warranties, and maintenance to other HDEs. For these reasons, EPA count, and chemical constituents as requirements. These proposals would believes that the new NMHC+NO well as the health effects of any changes x update the existing requirements, which standard along with the more stringent in these particle characteristics would were established several years ago, to urban bus PM standard will be feasible be helpful. better align them with current industry and appropriate for urban buses. As part Another issue is related to the experience of longer lasting engines. of the 1999 review, EPA will reevaluate magnitude of the directly-emitted diesel EPA also proposed some elementary PM inventory and its relative air quality the appropriateness of the urban bus standards. provisions regarding engine rebuilding impact. Unlike nonroad diesel engines to help ensure that rebuilding does not PM emissions, highway diesel engine 3. Otto-Cycle Engines result in the removal of emissions PM emissions have been controlled In response to the ANPRM, control equipment or the reconfiguring since 1988, and current standards of the engine in a way that would result require an 80 to 90 percent reduction environmental groups provided comments highlighting manufacturers’ in a significant increase in emissions. over uncontrolled levels. Nonetheless, it EPA’s final actions on these items are is clear that control of diesel PM certification data for the 1996 model year, which included some engine described in section III.B. of this emissions is important, and more data preamble. The reader is directed to the on the percentage of highway engine families with emission levels considerably below the standards Summary and Analysis of Comments for diesel PM in the various urban areas a full discussion of comments received and nonattainment area inventories and proposed for the 2004 model year. While EPA proposed to adopt more by EPA on its in-use emissions related the in-use performance of controlled proposals and EPA analysis and highway diesels would be helpful in stringent emission standards applicable to both diesel and otto-cycle (which are response to those comments. guiding the Agency’s future initiatives primarily gasoline-fueled) heavy-duty with regard to potential highway diesel 2. State Inspection and Maintenance engines, EPA also requested comment engine PM control strategies. In any Programs on the possibility of adopting more case, tightening NOx standards alone stringent emission standards for heavy- EPA noted in the preamble to the results in lower levels of ambient PM duty gasoline engines. Certification data NPRM its intention to develop a due to the accompanying reduction in for 1997 showed a larger number of guidance document for states to follow secondary formation of nitrate PM, as engine families emitting at or below the in designing inspection and discussed elsewhere in this preamble. 2004 levels, with some engines certified maintenance programs for heavy-duty EPA considers further control of at emission levels only ten to twenty trucks and buses. Several commenters highway diesel engine PM emissions to percent of the 2004 emission standards. urged EPA to issue guidance to states be an important air quality goal and At this point, EPA is not yet ready to quickly regarding how to conduct in-use plans to further study these issues and take final action on the issues associated inspection and maintenance programs. others over the next two years, and to with otto-cycle HDEs and is not Commenters noted that several states reassess the diesel PM standard in the finalizing any revised standards for and regions are working on in-use 1999 review. In that context, EPA heavy-duty otto-cycle engines. EPA emissions programs and EPA guidance encourages continued research and intends to issue a Supplemental Notice is critical to help ensure consistent development on PM control technology of Proposed Rulemaking to address programs from state-to-state. and seeks input in all of the areas these engines specifically. A variety of Commenters requested that EPA described above. options are under consideration for evaluate the Society of Automotive Urban bus engines are and will inclusion in the supplemental proposal. Engineers (SAE) test procedure J–1667 continue to be a special case because First, as described in the initial and move rapidly to endorse its use in they have unique operating proposal, EPA may pursue a more road-side smoke inspection programs. characteristics, are used in only a stringent numerical standard using the State organizations recommended, limited range of vehicle applications, existing test on an engine dynamometer. further, that EPA move to adopt the J– and are treated differently than other Second, EPA will evaluate the 1667 procedure or other short test heavy duty engines under the Clean Air appropriateness of adopting emission procedures as certification short test Act. Urban buses experience a typical standards for some otto-cycle heavy- procedures and develop correlations duty cycle for which engines can duty vehicles based on testing with a between the short tests and the full relatively easily be designed; other chassis dynamometer. Chassis testing, certification tests. This would allow heavy duty engines, in contrast, can be and associated standards, could be states and EPA to determine vehicle patterned after the program adopted by compliance in the field. NESCAUM 27 K.J. Baumgard, J.H. Johnson, ‘‘The Effect of Fuel and Engine Design on Diesel Exhaust Particle the California Air Resources Board for noted that research is needed on the Size Distributions,’’ Society of Automotive medium-duty vehicles. Alternatively, relationship between smoke opacity and Engineers, 960131, 1996. EPA could develop a test and standard particulate emissions. NRDC Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54707 commented that the smoke test will be diagnostics (OBD) systems in heavy- NESCAUM to expand the program to all inadequate for verifying compliance duty vehicles. Commenters believe that sectors of the on-highway heavy-duty with the standard proposed in the rule. OBD could be a valuable tool in industry in the next several months and EPA recognizes the importance of improving maintenance practices and include on-road emissions providing guidance to states in these assessing the in-use performance of measurements. Such a screening matters. EPA has been working heavy-duty engines. State organizations program will allow EPA to identify informally with stakeholders including who commented are interested in high-emitting engine families, representatives from States, the trucking having OBD systems available as a tool potentially signaling the need for recall industry, engine manufacturers, and for inspection and maintenance action under section 207 of the Clean EPA Regions, among others, in its programs. Air Act. In addition, the in-use development of such guidance. As a EPA also received comment that a screening program will allow EPA to result of this effort, EPA has recently more representative test cycle is a key enforce certain provisions of section 203 issued guidance to states recommending to controlling excess emissions of the Act, including the prohibition the SAE J–1667 test procedure for their associated with high speeds and loads against manufacturer-designed strategies I/M programs.28 EPA plans to continue typical of real world conditions not or devices that defeat the operation of working with stakeholders to address currently represented in the federal test the emissions control system, and the other concerns related to the smoke test procedure (i.e., off cycle emissions). The prohibition against tampering with the procedure such as the establishment of commenter also believes that the emissions control system. Lastly, the appropriate cut-points. The correlation increasing use of onboard computers to screening program will allow EPA to of test cycles, establishment of control the operation of engines further assess in-use deterioration of HDE’s by certification short tests, and short tests exacerbates the need for different and testing trucks at various mileages. for emissions other than smoke more variable test cycles. The Although the screening program will emissions, are complex in nature and commenter notes that onboard also provide important information must be studied further. For these computers can be used to change the regarding off-cycle emissions, EPA reasons and also because I/M was not a engine operating conditions to optimize understands that further work in this subject of any proposals in the NPRM, fuel economy at the expense of area may be necessary to fully address the Agency is not adopting such emissions in modes of operation that are the off-cycle concern. programs or requirements in this rule. not well represented in the EPA test In addition to the screening program procedure. The commenter urged EPA and engine testing conducted under the 3. In-use Compliance Issues to evaluate its current heavy-duty MOU, EPA will continue to work with EPA received comments in several engine test procedure and consider such state groups and others to develop tools areas related to in-use emissions options as a random test cycle to for states to reduce in-use HDV control, but not related to any specific minimize the impact of off-cycle emissions. Many states are proposals contained in the NPRM. emissions. implementing, or are considering Several commenters expressed While EPA believes that the new implementing, inspection and substantial concern over what they standards will achieve the emissions maintenance (I/M) programs for HDV’s. believe to be EPA’s lack of a practical reductions estimated in section II of this As noted above, EPA has recently issued in-use compliance program for heavy- preamble, EPA also recognizes that guidance regarding an in-use I/M smoke duty engines. They contend that EPA improvements in the understanding of test procedure, and plans to follow-up relies entirely on self certification and in-use emissions and the need to that guidance with recommended pass/ selective enforcement audits for heavy- establish a viable in-use compliance fail cut-points. In addition, the EPA presence are essential. To address these duty compliance due to the plans to study the benefits and concerns EPA has recently engaged in a impracticality and high cost of in-use feasibility of on-board diagnostics (OBD) number of activities to address in-use engine testing. Commenters expressed and other concepts that may prove to be emissions. EPA has signed a concern that a number of HDEs have useful I/M tools. Memorandum of Understanding (MOU) EPA is also committed to working failed the SEA testing in recent years. with the California Air Resources Board with states and industry to implement a The commenters urged EPA to develop (ARB) and the Northeast States for voluntary retrofit program aimed at an effective in-use compliance testing Coordinated Air Use Management reducing emissions from older in-use program including a viable recall (NESCAUM) to develop a better vehicles that would be modeled after program to ensure that engines comply understanding of in-use emissions from EPA’s Urban Bus Retrofit/Rebuild with applicable standards over their heavy-duty vehicles.29 Program. Such a program could lead to useful lives. One commenter noted that Under the context of this MOU, EPA emission reductions from the in-use the threat of in-use deterioration will has recently implemented a small-scale fleet beyond those required by the increase as the standards are lowered. chassis-based screening program for in- applicable standards through the retrofit Commenters recommended that the use HDV’s that will establish a viable in- of advanced emission control Agency develop a supplemental use compliance presence. The screening technologies. certification test, such as a loaded program seeks to identify high emitting In response to EPA and commenter chassis test, which could be used for in- engines or technologies, and the causes concerns about the growing number of use compliance and one commenter of high emissions. The screening engines which fail SEA testing, EPA urged the Agency commit to a schedule program is initially focused on light believes that a viable long-term in-use for development and implementation. heavy-duty gasoline engines, although recall presence will provide the EPA received comments urging the EPA plans to work with ARB and necessary assurances that new Agency to adopt requirements for production engines will comply with manufacturers to install on-board 29 ‘‘Developing an Understanding of In-use applicable standards. In the near-term, Emissions from Heavy-duty Diesel Engines’’, EPA plans to engage the industry in 28 ‘‘Guidance to States on In-use Smoke Test Memorandum of Understanding, United States Procedure For Highway Heavy-duty Diesel Environmental Protection Agency, Northeast States constructive dialogue aimed at better Vehicles’’, United States Environmental Protection for Coordinated Air Use Management, California understanding production processes Agency, April 3, 1997. Docket A–95–27. Air Resources Board, March 1997, Docket A–95–27. and variability, manufacturer-based 54708 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations production line testing programs, and this rule. EPA is also not finalizing a commenters and EPA judges this level methodologies used determine modified ABT program for otto-cycle to be a reasonable discriminator for deterioration factors. Through these HDEs. EPA will address such standards pull-ahead technology. It is similar in discussions, EPA believes that and ABT provisions in a Supplemental stringency to the California LEV incremental improvements in SEA Notice of Proposed Rulemaking in the standard for these engines and only performance can be achieved. EPA is future. The modified ABT program three federal 1997 heavy-duty diesel committed to further review of its being implemented by EPA for 1998 families are certified below this level. compliance programs, and revisions to through 2003 and the modified program For engine families certified at NOX its regulatory programs if needed. finalized for 2004 and later apply only levels above 3.5 g/bhp-hr, a 10 percent EPA believes that these near-term to diesel-cycle engines. discount will be applied to all credits actions will begin to address many of generated, both NOX and PM. EPA has 2. The Modified ABT Program Diesel- the concerns raised by commenters with decided to retain a discount for this Cycle Engines (1998–2003) respect to in-use emissions, and that portion of the program because smaller changes in the HDV compliance As will be discussed further below, incremental reductions such as this are program could result from these near- the current ABT program will be less likely to represent the pull-ahead term actions. In addition, continued retained for credit generation and use by technology which ABT is designed to long-term study of in-use HDV production otto-cycle engines and credit encourage. These smaller credits emissions will further enhance our use by diesel-cycle engines during the nonetheless represent early reductions understanding and will provide a basis 1998–2003 model years. Effective for the and are appropriate given the stringency for future programmatic, regulatory, or 1998 model year, EPA is implementing of the model year 2004 standard, other changes to ensure the emissions a modified certification ABT program consistent with the ABT concept. reductions from more stringent designed to help ensure compliance As was mentioned above, the standards are reflected in the in-use with the NMHC+NOX and PM standards modified program includes a 10 percent emissions from HDV’s. beginning in 2004. The provisions of discount for engines certified above the this program are described below. trigger. This level of discount was D. Averaging, Banking, and Trading Credits generated under the modified selected based on a combination of As discussed above, EPA proposed a program may be used only in 2004 and factors. Several commenters stated that modified ABT program as part of the later model years. Manufacturers may a discount should be retained, some transition to more stringent emissions not use credits generated in the current suggesting 10 percent, some implying standards for NOx and NMHC in 2004. program on engines generating credits the current 20 percent level. Other Many comments were received on the under the modified program. However, commenters supported the Agency’s ABT provisions of the NPRM. As credits generated under the modified proposal to eliminate all credit discussed in the Summary and Analysis program may be used before 2004, discounts. In attempting to design a of Comments supporting this final rule, subject to the regulatory provisions of program which meets all of the goals of EPA has considered the comments the current ABT program. As was ABT, the Agency selected 10 percent. received on the proposal and revised the proposed, credits generated between The manufacturers comments indicated provisions as appropriate. The ABT 1998 and 2003 under this modified that a 20 percent discount was far too program EPA is implementing is program are based on NOX only and are large and created a significant consistent with the goals of the ABT calculated against the 4.0 g/bhp-hr NOX disincentive for the introduction of new concept as discussed in the NPRM. The emission standard. The NMHC levels of or improved technology. Conversely, modified ABT program being most heavy-duty engines are well below EPA believes that eliminating the implemented in this rule provides the the present standard and would result discount for all credits as was proposed manufacturers the incentive to achieve in windfall credits if the credit would have reduced the incentive to improvements on current technology calculation included NMHC. Diesel PM develop and implement significantly and pull ahead 2004-era technology to credits are based on reductions beyond cleaner technology. A 10 percent generate early emission reductions. the model year 0.10 g/bhp-hr emission discount for credits generated at FELs These early reductions provide a near- standard for truck engines and the 0.05 above 3.5 g/bhp-hr, strikes a balance term benefit to the environment and the g/bhp-hr emission standard for urban between these views, and aligns the emission credits generated provide the buses. discount in the heavy-duty engine ABT manufacturers significant compliance In the NPRM, EPA proposed that program with others in the mobile flexibility. As stated by the there be no discounts for credits banked source program such as the National manufacturers, this compliance under the modified program. However, Low Emission Vehicle program. flexibility is a significant factor in the in response to comments and further Some commenters opposed allowing manufacturers’ ability to certify a full consideration by EPA on the best way PM credits to be generated and used in line of engines in 2004 and helps to to align this program with the general the modified program because the PM allow implementation of the new more goals of the ABT program and other EPA standard is not changing. In response, stringent standard as soon as market incentive programs, EPA is EPA believes that it is appropriate to permissible under the Clean Air Act. finalizing somewhat different include PM in the modified ABT provisions. To better align the ABT program. For most in-cylinder control 1. Applicability program with the goal of pull-ahead technologies, there is a strong inverse The NPRM proposed a modified ABT technology, EPA has decided to relationship between NOX and PM program for both diesel and otto-cycle implement a trigger concept as a which makes it difficult to control both engines. However, as noted above, EPA mechanism to distinguish engine pollutants at the same time. The control received comment regarding whether families eligible for no discount. For technologies expected to be used to EPA’s proposed otto-cycle standards engine families certified at NOX levels reduce NOX to model year 2004 levels and ABT provisions were appropriate. less than 3.5 g/bhp-hr NOX, no discount are likely to increase PM. Therefore, As a result of EPA’s evaluation of these will be applied to any NOX or PM EPA believes that applying the ABT comments, EPA is not promulgating credits generated for banking. The 3.5 g/ modifications to PM as well as NOX final standards for otto-cycle HDEs in bhp-hr cut-point was suggested by allows the manufacturer more flexibility Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54709 in addressing the technology issues diesel-cycle engines, though with as proposed. There was no adverse involved with reducing NOX emissions significant changes from the proposal. comment on this change. The second to the NOX plus NMHC standard being Many of the same concepts that appear area relates to geographical finalized in this rule, while maintaining in the 1998–2003 ABT program will be applicability. The 2004 standards apply PM emissions at 0.10 g/bhp-hr. The employed beginning in 2004, but in all fifty states. California is not Agency has decided to apply the NOX modifications have been made as included in the current ABT program trigger to PM emissions because engines appropriate. Beginning in 2004, the because they have a separate control generating PM credits at NOX levels form of the standard changes from program. Beginning in 2004 the below the trigger in this time frame are separate HC and NOX standards to a California and federal programs will likely to employ new, or at least combined NMHC+NOX standard. harmonize and ABT will be applicable significantly improved, PM control Therefore in 2004, credits will be based for all federally certified HDEs without technology, because of the natural trade- on combined NMHC+NOX values. For restrictions based on geographical off between NOX and PM emissions. diesel engines, NMHC+NOX credits will limitations on the certificate. Prior to EPA proposed that the 3 year credit be generated against the 2.4 g/bhp-hr 2004, the current ABT program remains life restriction in the current ABT standard. Diesel PM credits will limited to HDEs certified for sale program not apply in the modified continue to be generated against the outside California. There was no program. After considering comments, 0.10 g/bhp-hr emission standard for adverse comment on this issue. EPA is finalizing this provision as truck engines and the 0.05 g/bhp-hr The third change EPA is finalizing is proposed. Even though several emission standard for urban buses. For related to the ownership of credits. EPA commenters believed that the credit life the same basic reasons as laid out above, requested comment on the concept that limit should be retained, EPA believes the trigger concept will continue to be manufacturers be given the option to that an unlimited credit life is applied to the discount for NMHC+NOX make the NOX and PM credits generated consistent with the emission reduction and PM credits. This trigger will be set by their engines available parties other goal of ABT, not only because of the at 1.9 g/bhp-hr NMHC+NOX. There are than the manufacturers for use in other increased manufacturer flexibility in currently no diesel-fueled engines programs. This provision was supported meeting the new standards but also certified even close to this level. by those who commented, so the because it eliminates the ‘‘use or lose’’ As above, there will be no limit on regulatory language accompanying the aspect of the current program’s limit on credit life. Removing discounts and rule includes provisions to permit credit life, which creates the perverse credit life limits for the cleaner engines credits to be excluded from the ABT incentive for manufacturers to use will provide maximum incentive for the program by the manufacturer in order to credits as quickly as possible. Unused development and introduction of be used by engine purchasers or other credits are extra emission reductions petroleum- and alternative-fueled parties, while preventing double beyond what the EPA regulations diesel-cycle engines with emission counting. The ability to transfer credits require. The only concern with levels approaching the 1.0 g/bhp-hr out of this program does not of course unlimited credit life is that a NOX and 0.05 g/bhp-hr PM research imply that these credits can be used manufacturer could stockpile a large objectives of the 1995 SOP. without restriction in other programs. number of credits and delay the Credit use in 2004 and later years will Credits purchased for use in other effectiveness of a new standard in the follow the same pattern as under the programs must meet the use future. This certainly would be a current program. As proposed, the requirements of the emission programs concern in a situation where standards upper limits for NMHC+NOX and PM for which they are purchased. For are less stringent and not technology- certification will be 4.5 g/bhp-hr and example, local emission programs will forcing. However, 2.4 g/bhp-hr 0.25 g/bhp-hr, respectively. That is, no likely have limits on their geographic NMHC+NOX and 0.10 g/bhp-hr PM engine family may be certified above scope which may limit the use of (0.05 g/bhp-hr for buses) are quite either of these levels using credits. emission credits that are used to trade challenging for diesel engines; EPA These limits provide the manufacturers out of local emission requirements. expects most pre-2004 credits will be adequate compliance flexibility while One provision not being finalized is needed in the first few years of the new protecting against the introduction of related to the impact of the change in standard. unnecessarily high emitting engines. useful life for heavy heavy-duty diesel engines in 2004 on credit generation 3. The Modified ABT Program 2004 and 4. Other Changes for the Modified ABT and use. The useful life value is a factor Later Program in determining the amount of credits EPA proposed that the current Five other provisions were proposed earned or used by an engine family. program be reinstated for 2007 and later or were discussed with requests for Beginning in 2004 for these engines, the models years, including the 20 percent comment which impact the modified minimum useful life increases 50 discount and 3 year credit life. Some ABT program. EPA is implementing percent from 290,000 miles to 435,000 commenters who opposed the modified three of these and not finalizing two of miles. If a manufacturer uses the program urged the Agency to reinstate the proposed modifications. minimum useful life value of 290,000 the current program beginning in 2004. Of the three being finalized, first, EPA miles to calculate credits generated Manufacturers argued that the current proposed to eliminate the ‘‘buy high— prior to 2004, 50 percent more credits program should not be reinstated sell low’’ provision of § 86.094–15(c)(2) will be needed in 2004 to cover an because the current program would and to replace it with the production- engine certified with a useful life of remove much of the incentive to pull- weighted average value. Under this 435,000 miles. EPA sought comments ahead technology in the post 2004 time- existing provision, families generating on two options to address this issue for frame. credits use the lowest horsepower NOX and PM. These included for NOX EPA considered the comments configuration factor and those needing allowing manufacturers to base their carefully and decided to implement, credits use the highest horsepower FEL on an emission level determined beginning in 2004, a modified program configuration factor. In the modified from a simple extrapolation of the which will fully and permanently program the production-weighted deterioration factor for NOX from replace the current ABT program for average value will be used in both cases, 290,000 miles to 435,000 miles and to 54710 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations earn credits up to 435,000 miles. Under appropriate margins would be through includes an estimated $270 million (net such an approach, engine families the use of EPA’s audit and compliance present value in 1995) in R&D outlays would continue to have a useful life of programs to target suspect engine for heavy-duty engine emission control 290,000 miles and manufacturers would families. Manufacturers noted that they over several years. The cost analysis be liable for emissions only up to the can improve their manufacturing accordingly presumes extensive end of the useful life. EPA also sought processes to allow for small margins improvements on the current state of comment on requiring manufacturers to while still complying with the FEL and technology from these future apply for a longer useful life under the should not be penalized with a developments. The 1999 program provisions of § 86.094–21(f) if they mandatory compliance margin. review provides an opportunity to wanted to earn NOX credits based on a Valid comments were presented on reassess EPA’s projected costs in light of both sides of this issue, but the Agency useful life of more than 290,000 miles. new information. EPA will revisit the has concluded that the issue of the size This second option is allowed under the analysis of the full life-cycle costs as current regulations. For PM, EPA did of the compliance margin is not solely part of the 1999 review. EPA and not propose the use of the former an ABT issue. Indeed, compliance manufacturers will then confirm approach proposed for NOX credits, margins are important in non-ABT only the latter approach, due to families as well. Thus, the Agency has whether or not technology development concerns about the potential for concluded that any actions to address is progressing as needed to meet the deterioration of PM emissions. this issue are better implemented as part 2004 model year emission standards. EPA received comments from of improvements in the overall In assessing the economic impact of manufacturers supporting the simple compliance program, discussed above, changing the emission standards, EPA extrapolation of the NOX deterioration rather than as a regulatory fix in the has used a current best judgement of the factor for calculating credits and context of a modified ABT program. combination of technologies that an comments arguing that PM deterioration Moreover, EPA’s final regulations, engine manufacturer might use to meet in in-use vehicles was negligible and which implement a discount on credits the new standards at an acceptable cost. predictable and that the extrapolation earned by engine families that are less Full details of EPA’s cost and cost- proposed for NOX should be extended to than 0.5 g/bhp-hr below the applicable effectiveness analyses, including PM. EPA also received comments that NOX or NMHC+NOX standard should information not presented here, can be the Agency should not allow credits to reduce the concern evidenced in the found in the Regulatory Impact Analysis be generated over a period where the comments regarding the possibility that in the public docket. EPA received a manufacturer is not liable for emissions the modified program will further erode variety of comments on the cost control. compliance margins. As discussed in the Summary and analysis, either stating generally that the Analysis of Comments, EPA has decided V. Economic Impact and Cost- estimated costs were too low or not to finalize the simple deterioration effectiveness recommending changes to specific factor extrapolation method for either The engine manufacturers, by signing details of the analysis. EPA made NOX or PM. In general, it would be the Statement of Principles, have several minor changes to the analysis in inconsistent with current EPA credit committed themselves to challenging, response to comments received on the program policy to allow credits without long-term design targets. This provides proposal. The most significant change accompanying liability, even if the manufacturers fully eight years to was to include a broader use of EGR program is transitional. Furthermore, for allocate resources and conduct planning cooling. Further investigation of the both NOX and PM there is some concern for a very thorough long-term R&D EGR and EGR cooling led to revised cost that deterioration after the useful life program. Manufacturers have expressed estimates for those technologies. All the may not be linear, especially for engines a confidence that several years of comments related to the cost projections using EGR or aftertreatment. Therefore, research will provide them opportunity and the associated changes are manufacturers desiring credits for the to develop a complying engine that they described in the Summary and Analysis longer useful life will have to certify to can market with full confidence. EPA’s of Comments. analysis of the costs of complying with the longer life for those pollutants as Estimated cost increases are broken the new standards anticipates a allowed under § 86.094–21(f) of the into purchase price and total life-cycle significant degree of technological current regulations. operating costs. The incremental Finally, EPA is not finalizing the development during this period. purchase price for new engines is mandatory compliance margin The technologies described in the RIA provisions proposed in the NPRM. EPA together show a good deal of promise for comprised of variable costs (for had proposed these provisions as a controlling emissions, but also make hardware and assembly time) and fixed means to address concerns that clear that much effort remains to costs (for R&D, retooling, and compliance margins (the difference optimize for maximum emission-control certification). Total operating costs between the family emission limit and effectiveness with minimum negative include any expected increases in the certification level) had been impacts on engine performance, maintenance or fuel consumption. Cost shrinking over time, and that the durability, and fuel consumption. On estimates based on these projected modified ABT program could provide the other hand, it has become clear that technology packages represent an an incentive to shave margins manufacturers have a great potential to expected incremental cost of engines in inappropriately to gather additional advance beyond the current state of the 2004 model year. Costs in credits. One commenter provided understanding by identifying aspects of subsequent years would be reduced by examples where margins were reduced the key technologies that contribute several factors, as described below. by manufacturers in order to earn most to hardware or operational costs or Separate projected costs were derived additional credits. Commenters other drawbacks and pursuing for engines used in three service classes recommended margins of 10–15 percent improvements, simplifications, or of heavy-duty diesel engines. All costs due to concerns over margin shaving. alternatives to limit those burdens. To are presented in 1995 dollars. Life-cycle Other commenters believed that the best reflect this improvement and long-term costs have been discounted to the year way to ensure that manufacturers set cost saving potential, the cost analysis of sale. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54711

A. Engine Costs Finally, manufacturers will focus the potential fuel economy It is difficult to make a distinction research efforts on any drawbacks, such improvements from some technologies between technologies that are needed to as increased fuel consumption or and the anticipated use of cooled EGR maintenance costs, in an effort to reduce NOX emissions for compliance systems, it would not be appropriate to with 2004 model year standards and minimize or overcome any potential include a penalty for increased fuel those technologies that offer other negative effects. consumption as part of the cost analysis benefits for improved fuel economy and A combination of primary technology at this time. EPA will reexamine this engine performance or for better control upgrades are anticipated for the 2004 issue as part of the 1999 review model year. Achieving very low NO of particulate emissions. This is because X analysis. emissions will require basic research on several NOX control methods such as Meeting the new NOX+NMHC the use of EGR can have negative reducing in-cylinder NOX and HC while at least holding PM levels below 0.10 standard will somewhat increase the impacts on these items for which the g/bhp-hr. Modifications to basic engine challenge to control particulate manufacturer must then compensate. design features can be used to improve emissions from diesel engines. EPA believes that manufacturers, in the intake air characteristics and Manufacturers might use a variety of absence of 2004 model year standards, distribution during combustion. would continue research on and technologies to maintain control of Manufacturers are also expected to eventually deploy numerous particulate emissions; however, EPA utilize upgraded electronics and technological upgrades to improve believes that the fuel system advanced fuel-injection techniques and engine performance or more cost- improvements described above will be hardware to modify various fuel effectively control emissions. EPA sufficient to prevent any potential injection parameters, including particulate-emission increase while therefore believes that a small set of injection pressure, further rate shaping technologies represent the primary meeting the target levels for NOX and and some split injection. EPA also NMHC. In fact, manufacturers are changes manufacturers must make to expects that many engines will attempting to lessen the cost of meeting meet the 2004 model year standards. incorporate cool EGR that is carefully current particulate emission standards Other technologies applied to heavy- tailored to an engine’s different duty engines, before or after operating modes. over the next several years by implementation of new emission If not developed and implemented decreasing their reliance on catalysts. standards, will make relatively minor properly, EGR has the potential to This underscores EPA’s belief that 2004 positive contributions to controlling increase operating costs, either by model year engines will be able to NOX emissions and are therefore increasing fuel consumption or control particulate emissions without considered secondary improvements for requiring additional maintenance to major technological innovation. this analysis. In this category are design avoid accelerated engine or component The costs of these new technologies changes such as improved oil control, wear. While it is possible to develop for meeting the 2004 model year variable-geometry turbochargers, scenarios and estimate the impact on optimized catalyst designs, and standards are itemized in the Regulatory operating costs of current diesel EGR Impact Analysis and summarized in variable-valve timing. Lean NOX concepts, this is of minimal value due Table 2. For light heavy-duty vehicles, catalysts are also considered here to be to the expected continuing development the cost of a new 2004 model year secondary technologies, not because of these technologies. Nevertheless, EPA engine is estimated to increase by $258; NOX control is an incidental benefit, but has assessed the potential for increased rather because it is not clear at this time operating costs for EGR-related operating costs over a full life-cycle that they will be part of 2004 model year maintenance and for fuel economy. EPA increase by about $7. For medium heavy technology packages. Modifications to understands that manufacturers will duty vehicles the purchase price of a fuel injection systems will also continue make a great effort to minimize any new engine is estimated to increase by independently of new standards, though potential new maintenance burden for $397, with life-cycle operating costs some further development with a focus the end user, investing in research to increasing $62. Similarly, for heavy on reducing NOX emissions would be design an engine acceptable to users. heavy-duty engines, the initial purchase evaluated. The cost to address the durability price is expected to increase by $467, Several technological improvements concern is therefore included both as a while estimated additional life-cycle are projected for complying with the maintenance item and as a fixed cost. operating costs are $131. 2004 model year emission standards. An additional maintenance cost is For the long term, EPA has identified The fact that manufacturers have several anticipated for EGR systems—EPA various factors that would cause cost years before implementation of the new expects engine rebuilding will include impacts to decrease over time. First, the standards virtually ensures that the preventive maintenance to clean or analysis incorporates the expectation technologies used to comply with the replace EGR components. standards will develop significantly With respect to fuel economy, several that manufacturers will apply ongoing before reaching production. This of the secondary technologies described research to making emission controls ongoing development will lead to below may lead to cost savings, while more effective and less costly over time. reduced costs in three ways. First, EGR has the potential to incur a fuel This expectation is similar to research will lead to enhanced economy penalty. As with potential new manufacturers’ stated goal of decreasing effectiveness for individual maintenance cost burdens, EPA believes their reliance on catalysts to meet technologies, allowing manufacturers to manufacturers will focus their research emission standards in the future. use simpler packages of emission efforts on overcoming any negative Research in the costs of manufacturing control technologies than we would impact on fuel economy caused by EGR. has consistently shown that as predict given the current state of An EGR cooler, which EPA expects to manufacturers gain experience in development. Similarly, the continuing be commonly used, would alone production, they are able to apply effort to improve the emission control mitigate much of the potential increase innovations to simplify machining and technologies will include innovations in fuel consumption caused by assembly operations, use lower cost that allow lower-cost production. recirculating exhaust gases. In light of materials, and reduce the number or 54712 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations complexity of component parts.30 The production (2006 model year) and by in the analysis after the first five model analysis incorporates the effects of this reducing variable costs again by 20 years. Table 2 lists the projected learning curve by projecting that the percent starting with the sixth year of schedule of costs for each category of variable costs of producing the low- production. Finally, since fixed costs vehicle over time. emitting engines decreases by 20 are assumed to be recovered over a five- percent starting with the third year of year period, these costs are not included

TABLE 2ÐPROJECTED DIESEL ENGINE COST AND PRICE INCREASES [1995 dollars discounted to year of sale]

Purchase Life-cycle op- Vehicle class Model year price erating cost

Light heavy-duty ...... 2004 ...... 258 7 2009 and later ...... 109 7 Medium heavy-duty ...... 2004 ...... 397 62 2009 and later ...... 136 62 Heavy heavy-duty ...... 2004 ...... 467 131 2009 and later ...... 180 131

B. Aggregate Costs to Society the new emission standards in any year. to $205 million in 2020. Total costs for The above analysis develops per- The result of this analysis is a projected these years are presented by vehicle vehicle cost estimates for each vehicle total cost starting at $270 million in class in Table 3. The calculated total class. Using current data for the size and 2004. Per-vehicle costs savings over costs represent a combined estimate of characteristics of the heavy-duty vehicle time reduce projected costs to a fixed costs as they are allocated over fleet and making projections for the minimum value of $140 million in 2009, fleet sales, variable costs assessed at the future, these costs can be used to after which the growth in truck point of sale, and operating costs as they estimate the total cost to the nation for population leads to an increase in costs are incurred in each calendar year.

TABLE 3ÐESTIMATED ANNUAL COSTS FOR IMPROVED HEAVY-DUTY VEHICLES [Millions of dollars]

Category 2004 2009 2020

Light heavy-duty ...... 71 41 49 Medium heavy-duty ...... 64 26 38 Heavy heavy-duty ...... 107 56 93

Total ...... 242 123 180

C. Cost-effectiveness yields a regional ozone strategy cost- actual monetary value of the multiple effectiveness in which the total cost of environmental and public health EPA has estimated the per-vehicle compliance is divided by the emission benefits produced by the large NOX cost-effectiveness (i.e., the cost per ton benefits attributable to the regions that reductions under this action will likely of emission reduction) of the NOX plus impact ozone levels in ozone be greater than the estimated NMHC standard over the typical nonattainment areas.31 compliance costs.33 lifetime of heavy-duty diesel vehicles In addition to the benefits of reducing covered by today’s rule. The RIA ozone within and transported into urban As described above in the cost section, the cost of complying with the contains a more detailed discussion of ozone nonattainment areas, the NOX the cost-effectiveness analyses. No reductions from the new engine standards will vary by model year. significant comments were received on standards are expected to have Therefore, the cost-effectiveness will the cost-effectiveness analysis presented beneficial impacts with respect to crop also vary from model year to model in the proposal and the methodology for damage, secondary particulate, acid year. For comparison purposes, the estimating the cost-effectiveness deposition, eutrophication, visibility, discounted costs, emission reductions remains the same as used in the and forests.32 Due to the difficulty in and cost-effectiveness of the standards proposal. accurately quantifying the monetary are shown in Table 4 for the same model EPA has examined the cost- value of these societal benefits, the cost- years discussed above in the cost effectiveness by two different effectiveness values presented do not section. The cost-effectiveness results methodologies. The first methodology assign any numerical value to these contained in Table 4 present the range yields a nationwide cost-effectiveness in additional benefits. However, based on in cost-effectiveness resulting from the which the total cost of compliance is an analysis of existing studies that have two cost-effectiveness scenarios divided by the nationwide emission estimated the value of such benefits in described above. benefits. The second methodology the past, the Agency believes that the

30 31 33 ‘‘Learning Curves in Manufacturing,’’ Linda The RIA contains a detailed description of areas ‘‘Benefits of Reducing Mobile Source NOX Argote and Dennis Epple, Science, February 23, included in the regional control strategy. Emissions,’’ prepared by ICF Incorporated for Office 1990, Vol. 247, pp. 920–924. 32 For further discussion of these benefits, the of Mobile Sources, U.S. EPA, Draft Final, September reader is directed to Chapter 2 of the RIA. 30, 1996. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54713

TABLE 4ÐDISCOUNTED PER-VEHICLE COSTS, EMISSION REDUCTIONS AND COST-EFFECTIVENESS OF THE NOX PLUS NMHC STANDARD

Discounted Discounted lifetime Discounted cost- Vehicle class Model year lifecycle reductions (tons) effectiveness costs ($/ton) NOX NMHC

LightÐHeavy-Duty Diesel Vehicles ...... 2004 ...... $265 0.242 0.003 $1,100±$1,200 2009 and later ...... 117 500 MediumÐHeavy-Duty Diesel Vehicles ...... 2004 ...... 459 1.002 0.014 500 2009 and later ...... 198 200 HeavyÐHeavy-Duty Diesel Vehicles ...... 2004 ...... 598 3.059 0.043 200 2009 and later ...... 311 100 AllÐHeavy-Duty Diesel Vehicles ...... 2004 ...... 422 1.377 0.019 300 2009 and later ...... 202 100±200

VI. Administrative Requirements B. Compliance With Regulatory During the development of the proposal, Flexibility Act EPA consulted with the Engine A. Administrative Designation and Manufacturers Association, the Regulatory Analysis The Regulatory Flexibility Act of 1980 requires federal agencies to identify Automotive Engine Rebuilders Under Executive Order 12866 (58 FR potentially adverse impacts of federal Association, and the Production Engine 51735 (Oct. 4, 1993)), the Agency must regulations upon small entities. In Rebuilders Association, associations determine whether this regulatory instances where significant impacts are which together represent a substantial action is ‘‘significant’’ and therefore possible on a substantial number of portion of the engine rebuilding and subject to OMB review and the these entities, agencies are required to related businesses. These organizations requirements of the Executive Order. perform a Regulatory Flexibility did not raise concerns that the proposal The order defines ‘‘significant Analysis. may have a significant impact on small businesses. Furthermore, organizations regulatory action’’ as any regulatory The Agency has determined that it is representing small rebuilders submitted action that is likely to result in a rule not necessary to prepare a regulatory only supportive comments during the that may: flexibility analysis in connection with public comment period for the (1) Have an annual effect on the this final rule. The Agency has also determined that the new emission rulemaking. Finally, an EPA contractor economy of $100 million or more or conducted an industry characterization adversely affect in a material way the standards and related provisions will not have a significant impact on a which further supports that engine economy, a sector of the economy, rebuilding practices are consistent with productivity, competition, jobs, the substantial number of small entities, since none of the engine manufacturers the requirements and would not be environment, public health or safety, or affected by these regulations is a small changed as a result of the State, local, or tribal governments or 35 business entity (see Chapter 3 of the requirements . communities; Final Regulatory Impact Analysis for the C. Compliance With Paperwork (2) Create a serious inconsistency or rule). Reduction Act otherwise interfere with an action taken This action also contains provisions The Office of Management and Budget or planned by another agency; clarifying what would and would not be (OMB) has approved the information considered a prohibited act (tampering) (3) Materially alter the budgetary collection requirements contained in under CAA Section 203 during the impact of entitlements, grants, user fees, this rule under the provisions of the heavy-duty engine rebuilding processes. or loan programs or the rights and Paperwork Reduction Act, 44 U.S.C. Also, the rule contains basic obligations of recipients thereof; or 3501 et seq. and has assigned OMB recordkeeping requirements for (4) Raise novel legal or policy issues control number 2060–0104. rebuilders which are consistent with arising out of legal mandates, the EPA is finalizing requirements to current customary rebuilding practices. President’s priorities, or the principles collect certification results, durability, Small businesses are integral to the set forth in the Executive Order. maintenance, and averaging, banking heavy-duty engine rebuilding industry and trading information, and is Pursuant to the terms of Executive as noted in comments provided by the formalizing recordkeeping procedures Order 12866, EPA has determined that Automotive Engine Rebuilders for engine rebuilding companies which this rule is a ‘‘significant regulatory Association.34 However, EPA does not are consistent with current industry action’’ because the standards and other believe that the requirements related to practices. This information will be used regulatory provisions have an annual engine rebuilding will have a significant to ensure compliance with and enforce effect on the economy in excess of $100 impact on a substantial number of these the provisions in this rule. Section 208 million. A Regulatory Impact Analysis small entities for the following reasons. (a) of the CAA requires that has been prepared and is available in EPA is defining how a broad existing manufacturers provide information the the docket associated with this requirement (CAA Section 203) applies Administrator may reasonably require to rulemaking. This action was submitted specifically to the process of rebuilding/ determine compliance with the to the Office of Management and Budget remanufacturing engines, but EPA is not regulations, therefore submission of the (OMB) for review as required by creating a new program. These Executive Order 12866. Any written requirements are consistent with current 35 comments from OMB and any EPA ‘‘Industry Characterization: On-road Heavy- customary practices in this industry. duty Diesel Engine Rebuilders’’, ICF Incorporated, response to OMB comments are in the Contract number 68–C5–0010, Work assignment public docket for this rule. 34 EPA Docket A–95–27, II-D–41. 102, January 3, 1997, Docket A–95–27. 54714 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations information is mandatory. The identify and consider a reasonable VII. Statutory Authority confidentiality of any information number of regulatory alternatives and submitted to EPA will be protected to adopt the least costly, most cost Section 202(a)(3) authorizes EPA to the full extent provided in 40 CFR Part effective, or least burdensome establish emissions standards for new 2. alternative that achieves the objectives heavy-duty motor vehicle engines. See EPA estimates the average first year of the rule. The provisions of section 42 U.S.C. 7521(a)(3). These standards are to reflect the greatest reduction hours burden per response to be 4,670, 205 do not apply when they are achievable through the application of the frequency of response to be annual, inconsistent with applicable law. technology which the Administrator and the estimated number of likely Moreover, section 205 allows EPA to determines will be available, giving respondents to be twenty. EPA estimates adopt an alternative other than the least the aggregate first year hours burden to appropriate consideration to cost, costly, most cost effective, or least be 93,410. EPA estimates the annual energy, and safety factors associated burdensome alternative if the first year cost to be $5,603,280, with the application of such technology. including the annualized capital and Administrator publishes with the final This provision also establishes the lead start-up costs. Subsequent year burdens rule an explanation of why that time and stability requirements for these are estimated to be one-tenth of the first alternative was not adopted. Before EPA standards. Pursuant to Sections year estimates due to the practice of establishes any regulatory requirements 202(a)(1) and 202(d), these emissions engine family carry-over from model that may significantly or uniquely affect standards apply for the useful life year-to-model year. Burden means the small governments, including tribal period established by the Agency. See total time, effort, or financial resources governments, it must have developed 42 U.S.C. 7521(a)(1), 7521(d). Other expended by persons to generate, under section 203 of the UMRA a small provisions of Title II of the Act, along maintain, retain, or disclose or provide government agency plan. The plan must with Section 301, are additional information to or for a Federal agency. provide for notifying potentially authority for the measures finalized in This includes the time needed to review affected small governments, enabling this action. instructions; develop, acquire, install, officials of affected small governments and utilize technology and systems for to have meaningful and timely input in VIII. Judicial Review the purposes of collecting, validating, the development of EPA regulatory Under section 307(b)(1) of the Act, and verifying information, processing proposals with significant federal EPA hereby finds that these regulations and maintaining information, and intergovernmental mandates, and are of national applicability. disclosing and providing information; informing, educating, and advising Accordingly, judicial review of this adjust the existing ways to comply with small governments on compliance with action is available only by filing of a any previously applicable instructions the regulatory requirements. petition for review in the United States and requirements; train personnel to be Today’s rule contains no Federal Court of Appeals for the District of able to respond to a collection of Columbia Circuit within 60 days of information; and transmit or otherwise mandates (under the regulatory provisions of Title II of the UMRA) for publication in the Federal Register. disclose the information. Under section 307(b)(2) of the Act, the An Agency may not conduct or State, local, or tribal governments. The requirements which are the subject of sponsor, and a person is not required to rule imposes no enforceable duties on today’s Notice may not be challenged respond to a collection of information any of these governmental entities. later in judicial proceedings brought by unless it displays a currently valid OMB Nothing in the program would control number. The OMB control significantly or uniquely affect small EPA to enforce these requirements. This numbers for EPA’s regulations are listed governments. EPA has determined that rulemaking and any petitions for review in 40 CFR Part 9 and 48 CFR Chapter this rule contains federal mandates that are subject to the provisions of section 307(d) of the Clean Air Act. 15. EPA is amending the table in 40 CFR may result in expenditures of $100 Part 9 of currently approved ICR control million or more in any one year for the IX. Copies of Rulemaking Documents numbers issued by OMB for various private sector. EPA believes that the regulations to list the information program represents the least costly, Copies of documents related to this requirements contained in this final most cost-effective approach to rulemaking are available in the public rule. achieving the air quality goals of the docket for the rule and over the internet as described in the ADDRESSES section D. Unfunded Mandates Reform Act rule. EPA has performed the required analyses. The reader is directed to the above. Title II of the Unfunded Mandates Regulatory Impact Analysis for further Reform Act of 1995 (UMRA), P.L. 104– List of Subjects information regarding these analyses. 4, establishes requirements for Federal 40 CFR Part 9 agencies to assess the effects of their E. Submission to Congress and the regulatory actions on State, local, and General Accounting Office Environmental protection, Reporting tribal governments and the private and recordkeeping requirements. sector. Under section 202 of the UMRA, Under 5 U.S.C. 801(a)(1)(A) as added EPA generally must prepare a written by the Small Business Regulatory 40 CFR Part 86 Enforcement Reform Act of 1996, EPA statement, including a cost-benefit Administrative practice and submitted a report containing this rule analysis, for proposed and final rules procedure, Confidential business with ‘‘Federal mandates’’ that may and other required information to the information, Incorporation by reference, result in expenditures to state, local, U.S. Senate, the U.S. House of Labeling, Motor vehicle pollution, and tribal governments, in the aggregate, Representatives, and the Comptroller Reporting and recordkeeping or to the private sector, of $100 million General of the General Accounting requirements. or more for any one year. Before Office prior to publication of the rule in promulgating an EPA rule for which a today’s Federal Register. OMB has Dated: October 6, 1997. written statement is needed, section 205 designated this a ‘‘major rule’’ as Carol M. Browner, of the UMRA generally requires EPA to defined in 5 U.S.C. 804(2). Administrator. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54715

APPENDIX TO THE PREAMBLEÐTABLE OF CHANGES MADE TO PART 9 AND SUBPARTS A AND N OF PART 86

Section Change Reason

1. § 9.1 ...... Revised to add OMB approval New OMB approval numbers. numbers. 1. Authority ...... None. 2. § 86.1 ...... Revised to add document ref- Updated ASTM methodology for significant digits. erence. 3. § 86.098±3 ...... Revised to include new abbre- Add abbreviations for terms averaging, banking and trading and heavy-duty engines. viations. 4. § 86.098±10 ...... Revision of references ...... Revise references to averaging, banking, and trading programs. 5. § 86.098±11 ...... Revision of references ...... Revise references to averaging, banking, and trading programs. 6. § 86.098±15 ...... Add § 86.098±15 ...... Incorporation of revisions to NOX and particulate averaging, banking and trading pro- grams. 7. § 86.098±23 ...... Revise § 86.098±23 ...... Incorporate changes due to new standards and ABT programs. 8. § 86.098±30 ...... Revise § 86.098±30 ...... Incorporate changes due to new ABT programs. 9. § 86.099±11 ...... Revise § 86.099±11 ...... Revise references to averaging, banking, and trading programs. 10. § 86.001±23 .... Revise § 86.001±23 ...... Incorporate references to § 98.098±23. 11. § 86.001±30 .... Revise § 86.001±30 ...... Incorporate references to § 98.098±30. 12. § 86.004±2 ...... Add § 86.004±2 ...... Incorporation of new useful life for heavy heavy-duty diesel engines. 13. § 86.004±11 .... Add § 86.004±11 ...... Incorporation of new NOX plus NMHC standards for diesel heavy-duty engines. 14. § 86.004±15 .... Add § 86.004±15 ...... Incorporation of revisions to NOX and particulate averaging, banking and trading program. 15. § 86.004±21 .... Add § 86.004±21 ...... Incorporate changes due to new standards and ABT programs. 16. § 86.004±25 .... Add § 86.004±25 ...... Incorporation of revisions to maintenance requirements. 17. § 86.004±28 .... Revise § 86.004±28 ...... Incorporate changes in deterioration factors due to new standards and allow options to NMHC measurement for diesel engines. 18. § 86.004±30 .... Revise § 86.004±30 ...... Incorporate changes due to new standards and ABT programs. 19. § 86.004±38 .... Add § 86.004±38 ...... Incorporation of maintenance instruction requirements. 20. § 86.004±40 .... Add § 86.004±40 ...... Incorporation of engine rebuild practices provisions. 21. § 86.1311±94 .. Revise Section 86.004±40(3) Incorporate allowance for direct NMHC measurement using a GC for NGVs. 22. § 86.1344±94 .. Revise Section 86.1344± Incorporation of NMHC test data requirement. 94(e)(22).

For the reasons set out in the 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 2. Section 9.1 is amended by adding preamble, chapter I, title 40 is amended U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, the new entries in numerical order as follows: 1321, 1326, 1330, 1342, 1344, 1345 (d) and under the indicated heading to the table (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, Part 9 [Amended] 1971–1975 Comp. p. 973; 42 U.S.C. 241, to read as follows: 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 1. The authority citation for part 9 § 9.1 OMB approvals under the Paperwork 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, continues to read as follows: 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., Reduction Act. Authority: 7 U.S.C. 135 et seq., 136–136y; 6901–6992k, 7401–7671q, 7542, 9601–9657, * * * * * 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 11023, 11048.

40 CFR citation OMB control No.

*******

Control of Air Pollution From New and PART 86ÐCONTROL OF AIR Authority: 42 U.S.C. 7401–7671q. In-Use Motor Vehicles and New and In- POLLUTION FROM NEW AND IN-USE 2. In § 86.1 the table in paragraph Use Motor Vehicle Engines: MOTOR VEHICLES AND NEW AND IN- (b)(1) is amended by adding a new entry Certification and Test Procedures USE MOTOR VEHICLE ENGINES: to the end of the table to read as follows: CERTIFICATION AND TEST 86.004.38 ...... 2060–0104 PROCEDURES § 86.1 Reference materials. 86.004.40 ...... 2060–0104 * * * * * * * * * * 1. The authority citation for part 86 (b) * * * continues to read as follows: (1) * * *

Document No. and name 40 CFR part 86 reference

******* ASTM E29±93a, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Speci- fications ...... 86.098±15, 86.004±15 54716 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

* * * * * Otto-cycle HDE families in any or all of § 86.094–15. Where a paragraph in 3. Section 86.098–3 is revised to read the NOX or NOX plus NMHC ABT § 86.094–15 is identical and applicable as follows: programs for HDEs, within the to § 86.098–15, this may be indicated by restrictions described in § 86.098–15 as specifying the corresponding paragraph § 86.098±3 Abbreviations. applicable. * ** and the statement ‘‘[Reserved]. For (a) The abbreviations in § 86.096–3 * * * * * guidance see § 86.094–15.’’ continue to apply. The abbreviations in (iv) * * * (a) through (b) [Reserved] For this section apply beginning with the (C) * * * guidance see § 86.094–15. 1998 model year. (2) A manufacturer may elect to (c)(1) For each participating engine (b) The abbreviations of this section include any or all of its methanol-fueled family, NOX and particulate emission apply to this subpart, and also to Otto-cycle HDE families in any or all of credits (positive or negative) are to be subparts B, E, F, G, K, M, N, and P of the NOX or NOX plus NMHC ABT calculated according to one of the this part, and have the following programs for HDEs, within the following equations and rounded, in meanings: restrictions described in § 86.098–15 as accordance with ASTM E29–93a, to the TD—Dispensed fuel temperature applicable. * ** nearest one-tenth of a Megagram (MG). ABT—Averaging, banking, and trading * * * * * Consistent units are to be used HDE—Heavy-duty engine (v) * * * throughout the equation. 4. Section 86.098–10 is amended by (C) * * * (i) For determining credit need for all revising the first sentence in paragraphs (2) A manufacturer may elect to engine families and credit availability (a)(1)(i)(C)(2), (a)(1)(i)(C)(3), include any or all of its natural gas- for engine families generating credits for (a)(1)(ii)(C)(2), (a)(1)(ii)(C)(3), fueled Otto-cycle HDE families in any or averaging programs only: all of the NOX or NOX plus NMHC ABT (a)(1)(iii)(C)(2), (a)(1)(iv)(C)(2), Emission credits = (Std¥FEL) × (CF) × programs for HDEs, within the (a)(1)(v)(C)(2), (a)(1)(vi)(C)(2) to read as (UL) × (Production) × (10¥6) follows: restrictions described in § 86.098–15 as applicable. * ** (ii) For determining credit availability § 86.098±10 Emission standards for 1998 * * * * * for engine families generating credits for and later model year Otto-cycle heavy-duty (vi) * * * trading or banking programs: engines and vehicles. (C) * * * Emission credits = (Std¥FEL) × (CF) × * * * * * (2) A manufacturer may elect to (UL) × (Production) × (10¥6) × (a)(1) * * * include any or all of its natural gas- (Discount) (i) * * * fueled Otto-cycle HDE families in any or (iii) For purposes of the equations in (C) * * * all of the NOX or NOX plus NMHC ABT paragraphs (c)(1)(i) and (ii) of this (2) A manufacturer may elect to programs for HDEs, within the section: include any or all of its gasoline-fueled restrictions described in § 86.098–15 as Otto-cycle HDE families in any or all of applicable. * ** Std = the current and applicable heavy-duty engine NOX or particulate emission the NOX or NOX plus NMHC ABT * * * * * programs for HDEs, within the standard in grams per brake horsepower 5. Section 86.098–11 is amended by hour or grams per Megajoule. restrictions described in § 86.098–15 as revising the first sentence in paragraphs FEL = the NOX or particulate family emission applicable. * ** (a)(3)(ii) and (a)(4)(iii) introductory text limit for the engine family in grams per (3) A manufacturer may elect to to read as follows: brake horsepower hour or grams per include any or all of its liquified Megajoule. petroleum gas-fueled Otto-cycle HDE § 86.098±11 Emission standards for 1998 CF = a transient cycle conversion factor in families in any or all of the NOX or NOX and later model year diesel heavy-duty BHP-hr/mi or MJ/mi, as given in plus NMHC ABT programs for HDEs, engines and vehicles. paragraph (c)(2) of this section. within the restrictions described in (a) * * * UL = the useful life, or alternative life as § 86.098–15 as applicable. * ** (3) * * * described in paragraph (f) of § 86.094–21, (ii) A manufacturer may elect to for the given engine family in miles. * * * * * include any or all of its diesel HDE Production = the number of engines (ii) * * * produced for U.S. sales within the given families in any or all of the NOX or NOX (C) * * * plus NMHC ABT programs for HDEs, engine family during the model year. (2) A manufacturer may elect to Quarterly production projections are within the restrictions described in include any or all of its gasoline-fueled used for initial certification. Actual § 86.098–15 as applicable. * ** Otto-cycle HDE families in any or all of production is used for end-of-year * * * * * compliance determination. the NOX or NOX plus NMHC ABT programs for HDEs, within the (4) * * * Discount = a one-time discount applied to all (iii) A manufacturer may elect to credits to be banked or traded within the restrictions described in § 86.098–15 as include any or all of its diesel HDE model year generated. The discount applicable. * ** families in any or all of the particulate applied here is 0.8. Banked credits (3) A manufacturer may elect to ABT programs for HDEs, within the traded in a subsequent model year will include any or all of its liquified not be subject to an additional discount. restrictions described in § 86.098–15 as petroleum gas-fueled Otto-cycle HDE Banked credits used in a subsequent applicable. * ** families in any or all of the NOX or NOX model year’s averaging program will not plus NMHC ABT programs for HDEs, * * * * * have the discount restored. 6. A new § 86.098–15 is added to within the restrictions described in (2)(i) The transient cycle conversion subpart A to read as follows: § 86.098–15 as applicable. * ** factor is the total (integrated) cycle

* * * * * § 86.098±15 NOX and particulate brake horsepower-hour or Megajoules, (iii) * * * averaging, trading, and banking for heavy- divided by the equivalent mileage of the (C) * * * duty engines. applicable transient cycle. For Otto- (2) A manufacturer may elect to Section 86.098–15 includes text that cycle heavy-duty engines, the include any or all of its methanol-fueled specifies requirements that differ from equivalent mileage is 6.3 miles. For Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54717 diesel heavy-duty engines, the banking of credits generated under the program may not be provided to an equivalent mileage is 6.5 miles. program described in paragraph (j) of engine purchaser for use in another (ii) When more than one configuration this section. This supersedes the program. is chosen by EPA to be tested in the regional category provisions described (D) Manufacturers shall determine certification of an engine family (as in the opening text of paragraphs (d) and state the number of engines sold as described in § 86.085–24), the and (e) of this section. ‘‘ABT-only credits’’ and conversion factor used is to be based (iii) Credit discounting. (A) For NOX ‘‘nonmanufacturer-owned credits’’ in upon a production weighted average and PM credits generated under this the end-of-model year reports required value of the configurations in an engine paragraph (j) from engine families with under § 86.098–23. family to calculate the conversion NOX certification levels greater than 3.5 7. Section 86.098–23 is amended by factor. grams per brake horsepower-hour for revising paragraphs (a), (b)(1), (b)(3), (d) through (i) [Reserved] For oxides of nitrogen, a Discount value of (b)(4)(i), (b)(4)(ii), (c) through (e)(2), (f) guidance see § 86.094–15. 0.9 shall be used in place of 0.8 in the through (l), the first sentence of (m)(1), (j) Optional program for early credit availability equation in paragraph paragraphs (m)(2)(i) and (m)(2)(iv) to banking. Provisions set forth in (c)(1) of this section. read as follows: paragraphs (a) through (i) of this section (B) For NOX and PM credits generated § 86.098±23 Required data. apply except as specifically stated under this paragraph (j) from engine otherwise in paragraph (j) of this families with NOx certification levels * * * * * section. less than or equal to 3.5 grams per brake (a) The manufacturer shall perform (1) To be eligible for the optional horsepower-hour for oxides of nitrogen, the tests required by the applicable test program described in paragraph (j) of a Discount value of 1.0 shall be used in procedures and submit to the this section, the following must apply: place of 0.8 in the credit availability Administrator the information described (i) Credits are generated from diesel equation in paragraph (c)(1) of this in paragraphs (b) through (m) of this cycle heavy-duty engines. section. section, provided, however, that if (ii) During certification, the (iv) Credit apportionment. At the requested by the manufacturer, the manufacturer shall declare its intent to manufacturers option, credits generated Administrator may waive any include specific engine families in the under the provisions described in this requirement of this section for testing of program described in this paragraph (j). section may be sold to or otherwise a vehicle (or engine) for which emission Separate declarations are required for provided to another party for use in data are available or will be made each program and no engine families programs other than the averaging, available under the provisions of may be included in both programs in trading and banking program described § 86.091–29. the same model year. in this section. (b) Durability data. (1)(i) The (2) Credit generation and use. (i) (A) The manufacturer shall pre- manufacturer shall submit exhaust Credits shall only be generated by 1998 identify two emission levels per engine emission durability data on such light- and later model year engine families. family for the purposes of credit duty vehicles tested in accordance with (ii) Credits may only be used for 2004 apportionment. One emission level shall applicable test procedures and in such and later model year heavy-duty diesel be the FEL and the other shall be the numbers as specified, which will show engines. When used with 2004 and later level of the standard that the engine the performance of the systems installed model year engines, NOX credits may be family is required to certify to under on or incorporated in the vehicle for used to meet the NOX plus NMHC § 86.098–11. For each engine family, the extended mileage, as well as a record of standard, except as otherwise provided manufacturer may report engine sales in all pertinent maintenance performed on in § 86.004–11(a)(1)(i)(D). two categories, ‘‘ABT-only credits’’ and the test vehicles. (iii) If a manufacturer chooses to use ‘‘nonmanufacturer-owned credits’’. (ii) The manufacturer shall submit credits generated under paragraph (j) of (1) For engine sales reported as ‘‘ABT- exhaust emission deterioration factors this section prior to model year 2004, only credits’’, the credits generated must for light-duty trucks and HDEs and all the averaging, trading, and banking of be used solely in the ABT program test data that are derived from the such credits shall be governed by the described in this section. testing described under § 86.094– program provided in paragraphs (a) (2) The engine manufacturer may 21(b)(5)(i)(A), as well as a record of all through (i) of this section and shall be declare a portion of engine sales pertinent maintenance. Such testing subject to all discounting, credit life ‘‘nonmanufacturer-owned credits’’ and shall be designed and conducted in limits and all other provisions this portion of the credits generated accordance with good engineering contained therein. In the case where the between the standard and the FEL, practice to assure that the engines manufacturer can demonstrate that the based on the calculation in paragraph covered by a certificate issued under credits were discounted under the (c)(1) of this section, would belong to § 86.098–30 will meet each emission program provided in paragraph (j) of another party. For ABT, the standard (or family emission limit, as this section, that discount may be manufacturer may not generate any appropriate) in § 86.094–9, § 86.098–10, accounted for in the calculation of credits for the engine sales reported as § 86.098–11 or superseding emissions credits described in paragraph (c) of this ‘‘nonmanufacturer-owned credits’’. standards sections as appropriate, in section. Engines reported as ‘‘nonmanufacturer- actual use for the useful life applicable (3) Program flexibilities. (i) NOX and owned credits’’ shall comply with the to that standard. PM credits that are banked until model FEL and the requirements of the ABT * * * * * year 2004 under this paragraph (j) may program in all other respects. (3) For heavy-duty vehicles equipped be used in 2004 or any model year (B) Only manufacturer-owned credits with gasoline-fueled or methanol-fueled thereafter without being forfeited due to reported as ‘‘ABT-only credits’’ shall be engines, the manufacturer shall submit credit age. This supersedes the used in the averaging, trading, and evaporative emission deterioration requirement in paragraph (f)(2)(i) of this banking provisions described in this factors for each evaporative emission section. section. family-evaporative emission control (ii) There are no regional category (C) Credits shall not be double- system combination identified in restraints for averaging, trading, and counted. Credits used in the ABT accordance with § 86.094–21(b)(4)(ii). 54718 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

Furthermore, a statement that the test (c)(2) Certification engines. (i) The start and hot-start test data, as specified procedure(s) used to derive the manufacturer shall submit emission in subpart N of this part, will be deterioration factors includes, but need data on such engines tested in included in the official results. not be limited to, a consideration of the accordance with applicable emission (d) The manufacturer shall submit a ambient effects of ozone and test procedures of this subpart and in statement that the vehicles (or engines) temperature fluctuations, and the such numbers as specified. These data for which certification is requested service accumulation effects of shall include zero-hour data, if conform to the requirements in vibration, time, and vapor saturation generated, and emission data generated § 86.090–5(b), and that the descriptions and purge cycling. The deterioration for certification as required under of tests performed to ascertain factor test procedure shall be designed § 86.098–26(c)(4). These data shall also compliance with the general standards and conducted in accordance with good include, where there is a combined in § 86.090–5(b), and that the data engineering practice to assure that the standard (e.g., NMHC + NOx), emissions derived from such tests, are available to vehicles covered by a certificate issued data for the individual pollutants as the Administrator upon request. under § 86.098–30 will meet the well as for the pollutants when (e)(1) The manufacturer shall submit evaporative emission standards in combined. In lieu of providing emission a statement that the test vehicles (or test §§ 86.096–10 and 86.098–11 or data on idle CO emissions or particulate engines) for which data are submitted to superseding emissions standards emissions from methanol-fueled diesel- demonstrate compliance with the sections as applicable in actual use for cycle certification engines, or on CO applicable standards (or family emission the useful life of the engine. emissions from petroleum-fueled or limits, as appropriate) of this subpart are Furthermore, a statement that a methanol-fueled diesel certification in all material respects as described in description of the test procedure, as engines the Administrator may, on the manufacturer’s application for well as all data, analyses, and request of the manufacturer, allow the certification, that they have been tested evaluations, is available to the manufacturer to demonstrate (on the in accordance with the applicable test Administrator upon request. basis of previous emission tests, procedures utilizing the fuels and development tests, or other information) equipment described in the application (4)(i) For heavy-duty vehicles with a for certification, and that on the basis of Gross Vehicle Weight Rating of up to that the engine will conform with the applicable emission standards of such tests the vehicles (or engines) 26,000 lbs and equipped with gasoline- conform to the requirements of this part. fueled or methanol-fueled engines, the § 86.094–11 or superseding emissions standards sections as applicable. In lieu If such statements cannot be made with manufacturer shall submit a written respect to any vehicle (or engine) tested, statement to the Administrator of providing emission data on smoke emissions from methanol-fueled or the vehicle (or engine) shall be certifying that the manufacturer’s identified, and all pertinent data petroleum-fueled diesel certification vehicles meet the standards of § 86.098– relating thereto shall be supplied to the engines, the Administrator may, on the 10 or § 86.098–11 or superseding Administrator. If, on the basis of the request of the manufacturer, allow the emissions standards sections as data supplied and any additional data as manufacturer to demonstrate (on the applicable as determined by the required by the Administrator, the basis of previous emission tests, provisions of § 86.098–28. Furthermore, Administrator determines that the test development tests, or other information) the manufacturer shall submit a written vehicles (or test engine) were not as that the engine will conform with the statement to the Administrator that all described in the application for applicable emissions standards of data, analyses, test procedures, certification or were not tested in § 86.098–11 or superseding emissions evaluations, and other documents, on accordance with the applicable test which the requested statement is based, standards sections as applicable, except procedures utilizing the fuels and are available to the Administrator upon for engines with a particulate matter equipment as described in the request. certification level exceeding 0.25 grams application for certification, the per brake horsepower-hour. In lieu of Administrator may make the (ii) For heavy-duty vehicles with a providing emissions data on smoke Gross Vehicle Weight Rating of greater determination that the vehicle (or emissions from petroleum-fueled or engine) does not meet the applicable than 26,000 lbs and equipped with methanol-fueled diesel engines when gasoline-fueled or methanol-fueled standards (or family emission limits, as conducting Selective Enforcement Audit appropriate). The provisions of engines, the manufacturer shall submit testing under 40 CFR part 86, subpart K, a written statement to the Administrator § 86.098–30(b) shall then be followed. the Administrator may, on separate (2) For evaporative and refueling certifying that the manufacturer’s request of the manufacturer, allow the evaporative emission control systems emission durability, or light-duty truck manufacturer to demonstrate (on the or HDE exhaust emission durability, the are designed, using good engineering basis of previous emission tests, practice, to meet the standards of manufacturer shall submit a statement development tests, or other information) of compliance with paragraph § 86.096–10 or § 86.098–11 or that the engine will conform with the superseding emissions standards (b)(1)(ii),(b)(2), (b)(3) or (b)(4) of this applicable smoke emissions standards section, as applicable. sections as applicable as determined by of § 86.098–11 or superseding emissions the provisions of § 86.098–28. * * * * * standards sections as applicable, except (f) through (g) [Reserved] For Furthermore, the manufacturer shall for engines with a particulate matter submit a written statement to the guidance see § 86.095–23. certification level exceeding 0.25 grams (h) Additionally, manufacturers Administrator that all data, analyses, per brake horsepower-hour. test procedures, evaluations, and other participating in any of the emissions documents, on which the requested (ii) For heavy-duty diesel engines, a ABT programs under § 86.098–15 or statement is based, are available to the manufacturer may submit hot-start data superseding ABT sections for HDEs Administrator upon request. only, in accordance with subpart N of shall submit for each participating this part, when making application for family the items listed in paragraphs (h) * * * * * certification. However, for confirmatory, (1) through (3) of this section. (c)(1) [Reserved] For guidance see Selective Enforcement Audit, and recall (1) Application for certification. (i) § 86.095–23. testing by the Agency, both the cold- The application for certification will Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54719 include a statement that the engines for (iii) The production counts for end-of- specified time may result in which certification is requested will not, year reports shall be based on the certificate(s) for the evaporative to the best of the manufacturer’s belief, location of the first point of retail sale family(ies) being voided ab initio plus when included in any of the ABT (e.g., customer, dealer, secondary any applicable civil penalties for failure programs, cause the applicable manufacturer) by the manufacturer. to submit the required information to emissions standard(s) to be exceeded. (iv) Errors discovered by EPA or the the Agency. (ii) The application for certification manufacturer in the end-of-year report, * * * * * will also include identification of the including changes in the production 8. Section 86.098–30 is amended by section of this subpart under which the counts, may be corrected up to 180 days revising paragraphs (a)(4)(iv)(A) through family is participating in ABT (i.e., subsequent to submission of the end-of- (a)(12) to read as follows: § 86.098–15 or superseding ABT year report. Errors discovered by EPA § 86.098±30 Certification. sections), the type (NOX, NOX+NMHC, after 180 days shall be corrected if or particulate) and the projected number credits are reduced. Errors in the * * * * * of credits generated/needed for this manufacturer’s favor will not be (a)(4)(iv)(A) through (a)(9) [Reserved]. family, the applicable averaging set, the corrected if discovered after the 180 day For guidance see § 86.094–30. projected U.S. (49-state or 50 state, as correction period allowed. (a)(10)(i) For diesel-cycle light-duty applicable) production volumes, by (i) Failure by a manufacturer vehicle and diesel-cycle light-duty truck quarter, NCPs in use on a similar family participating in the ABT programs to families which are included in a and the values required to calculate submit any quarterly or end-of-year particulate averaging program, the credits as given in the applicable ABT report (as applicable) in the specified manufacturer’s production-weighted section. Manufacturers shall also submit time for all vehicles and engines that are average of the particulate emission how and where credit surpluses are to part of an averaging set is a violation of limits of all engine families in a be dispersed and how and through what section 203(a)(1) of the Clean Air Act participating class or classes shall not means credit deficits are to be met, as (42 U.S.C. 7522(a)(1)) for each such exceed the applicable diesel-cycle explained in the applicable ABT vehicle and engine. particulate standard, or the composite section. The application must project (j) Failure by a manufacturer particulate standard defined in that each engine family will be in generating credits for deposit only in the § 86.090–2 as appropriate, at the end of compliance with the applicable HDE banking programs to submit their the model year, as determined in emission standards based on the engine end-of-year reports in the applicable accordance with this part. The mass emissions and credits from specified time period (i.e., 90 days after certificate shall be void ab initio for averaging, trading and banking. the end of the model year) shall result those vehicles causing the production- weighted FEL to exceed the particulate (2) [Reserved] in the credits not being available for use until such reports are received and standard. (3) End-of-year report. The (ii) For all heavy-duty diesel-cycle reviewed by EPA. Use of projected manufacturer shall submit end-of-year engines which are included in the credits pending EPA review will not be reports for each engine family particulate ABT programs under permitted in these circumstances. participating in any of the ABT §§ 86.094–15, 86.098–15, or superseding (k) Engine families certified using programs, as described in paragraphs ABT sections, the provisions of NCPs are not required to meet the (h)(3)(i) through (iv) of this section. paragraphs (a)(10)(ii) (A) through (C) of requirements outlined in paragraphs (f) (i) These reports shall be submitted this section apply. within 90 days of the end of the model through (j) of this section. (A) All certificates issued are year to: Director, Engine Programs and (l) [Reserved]. For guidance see conditional upon the manufacturer Compliance Division (6405J), U.S. § 86.095–23. complying with all applicable ABT Environmental Protection Agency, 401 (m) * * * provisions and the ABT related M Street, SW., Washington, DC 20460. (1) In the application for certification provisions of other applicable sections, (ii) These reports shall indicate the the projected sales volume of both during and after the model year engine family, the averaging set, the evaporative families certifying to the production. actual U.S. (49-state or 50-state, as respective evaporative test procedure (B) Failure to comply with all applicable) production volume, the and accompanying standards as set forth applicable ABT provisions will be values required to calculate credits as or otherwise referenced in §§ 86.090–8, considered to be a failure to satisfy the given in the applicable ABT section, the 86.090–9, 86.091–10 and 86.094–11 or conditions upon which the certificate resulting type and number of credits as set forth or otherwise referenced in was issued, and the certificate may be generated/required, and the NCPs in use §§ 86.096–8, 86.096–9, 86.096–10 and deemed void ab initio. on a similar NCP family. Manufacturers 86.098–11 or as set forth or otherwise (C) The manufacturer shall bear the shall also submit how and where credit referenced in superseding emissions burden of establishing to the satisfaction surpluses were dispersed (or are to be standards sections. * ** of the Administrator that the conditions banked) and how and through what (2) * * * upon which the certificate was issued means credit deficits were met. Copies (i) These end-of-year reports shall be were satisfied or excused. of contracts related to credit trading submitted within 90 days of the end of (11)(i) For light-duty truck families must also be included or supplied by the model year to: For heavy-duty which are included in a NOX averaging the broker if applicable. The report shall engines—Director, Engine Programs and program, the manufacturer’s also include a calculation of credit Compliance Divisions (6403J), For production-weighted average of the NOX balances to show that net mass vehicles—Director, Vehicle Compliance emission limits of all such engine emissions balances are within those and Programs Division (6405J), U.S. families shall not exceed the applicable allowed by the emission standards Environmental Protection Agency, 401 NOX emission standard, or the (equal to or greater than a zero credit M Street, SW., Washington, DC 20460. composite NOX emission standard balance). Any credit discount factor * * * * * defined in § 86.088–2, as appropriate, at described in the applicable ABT section (iv) Failure by a manufacturer to the end of the model year, as must be included as required. submit the end-of-year report within the determined in accordance with this 54720 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations part. The certificate shall be void ab (c)(1) [Reserved]. For guidance see or refueling control systems on the initio for those vehicles causing the § 86.095–23. portion of these vehicles subject to the production-weighted FEL to exceed the (c)(2) through (e)(1) [Reserved]. For evaporative emission test requirements NOX standard. guidance see § 86.098–23. of § 86.130–96, and/or the refueling (ii) For all HDEs which are included (e)(2) For evaporative and refueling emission test requirements of § 86.151– in the NOX or NOX plus NMHC ABT emissions durability, or light-duty truck 98, is also defined as a period of 11 programs under § 86.098–15 or or HDE exhaust emissions durability, a years or 120,000 miles, whichever superseding ABT sections, the statement of compliance with paragraph occurs first. provisions of paragraphs (a)(11)(ii) (A) (b)(2) of this section or § 86.098–23 (3) For an Otto-cycle HDE family: through (C) of this section apply. (b)(1)(ii), (b)(3), or (b)(4) as applicable. (i) For hydrocarbon and carbon (A) All certificates issued are * * * * * monoxide standards, a period of use of conditional upon the manufacturer (f) and (g) [Reserved]. For guidance 10 years or 110,000 miles, whichever complying with all applicable ABT see § 86.095–23. first occurs. provisions and the ABT related (h) through (m) [Reserved]. For (ii) For the oxides of nitrogen provisions of other applicable sections, guidance see § 86.098–23. standard, a period of use of 10 years or both during and after the model year 11. Section 86.001–30 is amended by 110,000 miles, whichever first occurs. production. revising paragraphs (a)(4)(iv)(A) through (iii) For the portion of evaporative (B) Failure to comply with all (a)(12) to read as follows: emission control systems subject to the applicable ABT provisions will be evaporative emission test requirements § 86.001±30 Certification. considered to be a failure to satisfy the of § 86.1230–96, a period of use of 10 conditions upon which the certificate * * * * * years or 110,000 miles, whichever first was issued, and the certificate may be (a) * * * occurs. deemed void ab initio. (4) * * * (4) For a diesel HDE family: (C) The manufacturer shall bear the (a)(4)(iv)(A) through (a)(9) [Reserved]. (i) For light heavy-duty diesel burden of establishing to the satisfaction For guidance see § 86.094–30. engines, for carbon monoxide, (a)(10) and (a)(11) [Reserved]. For of the Administrator that the conditions particulate, and oxides of nitrogen plus guidance see § 86.098–30. upon which the certificate was issued non-methane hydrocarbons emissions (a)(12) [Reserved]. For guidance see were satisfied or excused. standards, a period of use of 10 years or § 86.094–30. (a)(12) [Reserved]. For guidance see 110,000 miles, whichever first occurs. (ii) For medium heavy-duty diesel § 86.094–30. * * * * * 12. A new § 86.004–2 is added to engines, for carbon monoxide, * * * * * subpart A to read as follows: particulate, and oxides of nitrogen plus 9. Section 86.099–11 is amended by non-methane hydrocarbons emission revising the first sentence of paragraphs § 86.004±2 Definitions. standards, a period of use of 10 years or (a)(3)(ii) and (a)(4)(iii) introductory text The definitions of § 86.001–2 185,000 miles, whichever first occurs. to read as follows: continue to apply to 2001 and later (iii) For heavy heavy-duty diesel § 86.099±11 Emission standards for 1999 model year vehicles. The definitions engines, for carbon monoxide, and later model year diesel heavy-duty listed in this section apply beginning particulate, and oxides of nitrogen plus engines and vehicles. with the 2004 model year. non-methane hydrocarbon emissions Useful life means: (a) * * * standards, a period of use of 10 years or (1) For light-duty vehicles, and for (3) * * * 435,000 miles, or 22,000 hours, light light-duty trucks not subject to the (ii) A manufacturer may elect to whichever first occurs, except as Tier 0 standards of § 86.094–9(a), include any or all of its diesel HDE provided in paragraphs (4)(iv) and (4)(v) intermediate useful life and/or full families in any or all of the NO of this definition. X or NOX useful life. Intermediate useful life is a plus NMHC ABT programs for HDEs, (iv) The useful life limit of 22,000 period of use of 5 years or 50,000 miles, hours in paragraph (4)(iii) of this within the restrictions described in whichever occurs first. Full useful life is § 86.098–15 as applicable. * * * definition is effective as a limit to the a period of use of 10 years or 100,000 useful life only when an accurate hours * * * * * miles, whichever occurs first, except as meter is provided by the manufacturer (4)* * * otherwise noted in § 86.094–9. The with the engine and only when such (iii) A manufacturer may elect to useful life of evaporative and/or hours meter can reasonably be expected include any or all of its diesel HDE refueling emission control systems on to operate properly over the useful life families in any or all of the particulate the portion of these vehicles subject to of the engine. ABT programs for HDEs, within the the evaporative emission test (v) For an individual engine, if the restrictions described in § 86.098–15 as requirements of § 86.130–96, and/or the useful life hours limit of 22,000 hours applicable. * * * refueling emission test requirements of is reached before the engine reaches 10 * * * * * § 86.151–98, is defined as a period of years or 100,000 miles, the useful life 10. Section 86.001–23 is amended by use of 10 years or 100,000 miles, shall become 10 years or 100,000 miles, revising paragraphs (a) through (b)(1), whichever occurs first. whichever occurs first, as required (b)(3), (b)(4), (c), (d), (e)(1), (e)(2), and (f) (2) For light light-duty trucks subject under Clean Air Act section 202(d). through (m) to read as follows: to the Tier 0 standards of § 86.094–9(a), (5) As an option for both light-duty and for heavy light-duty truck engine trucks under certain conditions and § 86.001±23 Required data. families, intermediate and/or full useful HDE families, an alternative useful life * * * * * life. Intermediate useful life is a period period may be assigned by the (a) through (b)(1) [Reserved]. For of use of 5 years or 50,000 miles, Administrator under the provisions of guidance see § 86.098–23. whichever occurs first. Full useful life is § 86.094–21(f). * * * * * a period of use of 11 years or 120,000 Warranty period, for purposes of HDE (b)(3) and (b)(4) [Reserved]. For miles, whichever occurs first. The emissions defect warranty and guidance see § 86.098–23. useful life of evaporative emission and/ emissions performance warranty, shall Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54721

be a period of 5 years/50,000 miles, NOX plus NMHC (or NOX plus NMHCE (ii) 15 percent during the engine whichever occurs first, for Otto-cycle for methanol-fueled engines) FELs may lugging mode. HDEs and light heavy-duty diesel not exceed 4.5 grams per brake (iii) 50 percent during the peaks in engines. For all other heavy-duty diesel horsepower-hour (1.7 grams per either mode. engines the aforementioned period shall megajoule). This ceiling value applies (2) The standards set forth in be 5 years/100,000 miles, whichever whether credits for the family are paragraph (b)(1) of this section refer to occurs first. However, in no case may derived from averaging, banking, or exhaust smoke emissions generated this period be less than the basic trading programs. Additionally, families under the conditions set forth in subpart mechanical warranty period that the certified to the optional standard I of this part and measured and manufacturer provides (with or without contained in paragraph (a)(1)(i)(C) of calculated in accordance with those additional charge) to the purchaser of this section shall not exceed 0.50 grams procedures. the engine. Extended warranties on per brake horsepower-hour (0.19 gram (3) Evaporative emissions (total of select parts do not extend the emissions per megajoule) NMHC (or NMHCE for non-oxygenated hydrocarbons plus warranty requirements for the entire methanol-fueled engines) through the methanol) from heavy-duty vehicles engine but only for those parts. In cases use of credits. equipped with methanol-fueled diesel where responsibility for an extended (E) No later than December 31, 1999, engines shall not exceed the following warranty is shared between the owner the Administrator shall review the standards. The standards apply equally and the manufacturer, the emissions emissions standards set forth in to certification and in-use vehicles. The warranty shall also be shared in the paragraph (a)(1)(i) of this section and spitback standard also applies to newly same manner as specified in the determine whether these standards assembled vehicles. warranty agreement. continue to be appropriate under the (i) For vehicles with a Gross Vehicle 13. A new § 86.004–11 is added to Act. Weight Rating of up to 14,000 lbs: subpart A to read as follows: (ii) Carbon monoxide. (A) 15.5 grams (A)(1) For the full three-diurnal test per brake horsepower-hour (5.77 grams sequence described in § 86.1230–96, § 86.004±11 Emission standards for 2004 diurnal plus hot soak measurements: 3.0 and later model year diesel heavy-duty per megajoule), as measured under transient operating conditions. grams per test. engines and vehicles. (2) For the supplemental two-diurnal (a)(1) Exhaust emissions from new (B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and test sequence described in § 86.1230–96, 2004 and later model year diesel HDEs diurnal plus hot soak measurements: 3.5 shall not exceed the following: liquefied petroleum gas-fueled diesel HDEs only). grams per test. (i)(A) Oxides of Nitrogen plus Non- (B) Running loss test: 0.05 grams per (iii) Particulate. (A) For diesel engines methane Hydrocarbons (NOX + NMHC) mile. for engines fueled with either petroleum to be used in urban buses, 0.05 gram per (C) Fuel dispensing spitback test: 1.0 fuel, natural gas, or liquefied petroleum brake horsepower-hour (0.019 gram per gram per test. gas, 2.4 grams per brake horsepower- megajoule) for certification testing and (ii) For vehicles with a Gross Vehicle hour (0.89 gram per megajoule), as selective enforcement audit testing, and Weight Rating of greater than 14,000 lbs: measured under transient operating 0.07 gram per brake horsepower-hour (A)(1) For the full three-diurnal test conditions. (0.026 gram per megajoule) for in-use sequence described in § 86.1230–96, (B) Oxides of Nitrogen plus Non- testing, as measured under transient diurnal plus hot soak measurements: 4.0 methane Hydrocarbon Equivalent (NOX operating conditions. grams per test. + NMHCE) for engines fueled with (B) For all other diesel engines, 0.10 (2) For the supplemental two-diurnal methanol, 2.4 grams per brake gram per brake horsepower-hour (0.037 test sequence described in § 86.1230–96, horsepower-hour (0.89 gram per gram per megajoule), as measured under diurnal plus hot soak measurements: 4.5 megajoule), as measured under transient transient operating conditions. grams per test. operating conditions. (C) A manufacturer may elect to (B) Running loss test: 0.05 grams per (C) Optional Standard. Manufacturers include any or all of its diesel HDE mile. may elect to certify to an Oxides of families in any or all of the particulate (iii)(A) For vehicles with a Gross Nitrogen plus Non-methane ABT programs for HDEs, within the Vehicle Weight Rating of up to 26,000 Hydrocarbons (or equivalent for restrictions described in § 86.004–15 or lbs, the standards set forth in paragraph methanol-fueled engines) standard of superseding applicable sections. If the (b)(3) of this section refer to a composite 2.5 grams per brake horsepower-hour manufacturer elects to include engine sample of evaporative emissions (0.93 gram per megajoule), as measured families in any of these programs, the collected under the conditions and under transient operating conditions, particulate FEL may not exceed 0.25 measured in accordance with the provided that Non-methane gram per brake horsepower-hour (0.093 procedures set forth in subpart M of this Hydrocarbons (or equivalent for gram per megajoule). part. For certification vehicles only, methanol-fueled engines) do not exceed (2) The standards set forth in manufacturers may conduct testing to 0.5 grams per brake horsepower-hour paragraph (a)(1) of this section refer to quantify a level of nonfuel background (0.19 gram per megajoule) NMHC (or the exhaust emitted over the operating emissions for an individual test vehicle. NMHCE for methanol-fueled engines), schedule set forth in paragraph (f)(2) of Such a demonstration must include a as measured under transient operating appendix I to this part, and measured description of the source(s) of emissions conditions. and calculated in accordance with the and an estimated decay rate. The (D) A manufacturer may elect to procedures set forth in subpart N or P demonstrated level of nonfuel include any or all of its diesel HDE of this part, except as noted in § 86.098– background emissions may be families in any or all of the emissions 23(c)(2) or superceding sections. subtracted from emission test results ABT programs for HDEs, within the (b)(1) The opacity of smoke emission from certification vehicles if approved restrictions described in § 86.004–15 or from new 2004 and later model year in advance by the Administrator. superseding applicable sections. If the diesel HDEs shall not exceed: (B) For vehicles with a Gross Vehicle manufacturer elects to include engine (i) 20 percent during the engine Weight Rating of greater than 26,000 families in any of these programs, the acceleration mode. lbs., the standards set forth in paragraph 54722 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

(b)(3)(ii) of this section refer to the 14. A new § 86.004–15 is added to concerning the applicable heavy-duty manufacturer’s engineering design subpart A to read as follows: engine NOX, NOX plus NMHC, and evaluation using good engineering particulate emission standards. practice (a statement of which is § 86.004±15 NOX and particulate (iii) Calculate the projected emission averaging, trading, and banking for heavy- credits (positive or negative) based on required in § 86.091–23(b)(4)(ii)). duty engines. (iv) All fuel vapor generated during quarterly production projections for in-use operations shall be routed (a)(1) Heavy-duty engines eligible for each participating family and for each exclusively to the evaporative control NOX, NOX plus NMHC, and particulate pollutant, using the applicable equation system (e.g., either canister or engine averaging, trading and banking in paragraph (c) of this section and the purge). The only exception to this programs are described in the applicable applicable factors for the specific engine requirement shall be for emergencies. emission standards sections in this family. (4) Evaporative emissions from 2004 subpart. All heavy-duty engine families (iv)(A) Determine and state the source and later model year heavy-duty which include any engines labeled for of the needed credits according to vehicles equipped with natural gas- use in clean-fuel vehicles as specified in quarterly projected production for fueled or liquefied petroleum gas-fueled 40 CFR part 88 are not eligible for these engine families requiring credits for HDEs shall not exceed the following programs. Participation in these certification. standards. The standards apply equally programs is voluntary. (B) State where the quarterly to certification and in-use vehicles. (2)(i) Engine families with FELs projected credits will be applied for (i) For vehicles with a Gross Vehicle exceeding the applicable standard shall engine families generating credits. Weight Rating of up to 14,000 pounds obtain emission credits in a mass (C) Credits may be obtained from or for the full three-diurnal test sequence amount sufficient to address the applied to only engine families within described in § 86.1230–96, diurnal plus shortfall. Credits may be obtained from the same averaging set as described in hot soak measurements: 3.0 grams per averaging, trading, or banking, within paragraph (d) or (e) of this section. test. the averaging set restrictions described Credits available for averaging, trading, (ii) For vehicles with a Gross Vehicle in this section. or banking as defined in § 86.090–2, Weight Rating of greater than 14,000 (ii) Engine families with FELs below may be applied exclusively to a given pounds for the full three-diurnal test the applicable standard will have engine family, or reserved as defined in sequence described in § 86.1230–96, emission credits available to average, § 86.091–2. diurnal plus hot soak measurements: 4.0 trade, bank or a combination thereof. (2) Based on this information each grams per test. Credits may not be used for averaging or manufacturer’s certification application (iii)(A) For vehicles with a Gross trading to offset emissions that exceed must demonstrate: Vehicle Weight Rating of up to 26,000 an FEL. Credits may not be used to (i) That at the end of model year pounds, the standards set forth in remedy an in-use nonconformity production, each engine family has a net paragraph (b)(4) of this section refer to determined by a Selective Enforcement emissions credit balance of zero or more a composite sample of evaporative Audit or by recall testing. However, using the methodology in paragraph (c) emissions collected under the credits may be used to allow subsequent of this section with any credits obtained conditions set forth in subpart M of this production of engines for the family in from averaging, trading or banking. part and measured in accordance with question if the manufacturer elects to (ii) The source of the credits to be those procedures. recertify to a higher FEL. used to comply with the emission (B) For vehicles with a Gross Vehicle (iii) Credits scheduled to expire in the standard if the FEL exceeds the Weight Rating greater than 26,000 earliest model year shall be used, prior standard, or where credits will be pounds, the standards set forth in to using other available credits, to offset applied if the FEL is less than the paragraphs (b)(3)(ii) and (b)(4)(ii) of this emissions of engine families with FELs emission standard. In cases where section refer to the manufacturer’s exceeding the applicable standard. credits are being obtained, each engine engineering design evaluation using (b) Participation in the NOX, NOX family involved must state specifically good engineering practice (a statement plus NMHC, and/or particulate the source (manufacturer/engine family) of which is required in § 86.091– averaging, trading, and banking of the credits being used. In cases where 23(b)(4)(ii)). programs shall be done as follows. credits are being generated/supplied, (c) No crankcase emissions shall be (1) During certification, the each engine family involved must state discharged into the ambient atmosphere manufacturer shall: specifically the designated use from any new 2004 or later model year (i) Declare its intent to include (manufacturer/engine family or methanol-, natural gas-, or liquefied specific engine families in the reserved) of the credits involved. All petroleum gas-fueled diesel, or any averaging, trading and/or banking such reports shall include all credits naturally-aspirated diesel HDE. For programs. Separate declarations are involved in averaging, trading or petroleum-fueled engines only, this required for each program and for each banking. provision does not apply to engines pollutant (i.e., NOX, NOX plus NMHC, (3) During the model year using turbochargers, pumps, blowers, or and particulate). manufacturers must: superchargers for air induction. (ii) Declare an FEL for each engine (i) Monitor projected versus actual (d) Every manufacturer of new motor family participating in one or more of production to be certain that vehicle engines subject to the standards these three programs. compliance with the emission standards prescribed in this section shall, prior to (A) The FEL must be to the same level is achieved at the end of the model year. taking any of the actions specified in of significant digits as the emission (ii) Provide the end-of-model year section 203(a)(1) of the Act, test or cause standard (one-tenth of a gram per brake reports required under § 86.001–23. (iii) For manufacturers participating to be tested motor vehicle engines in horsepower-hour for NOX, NOX plus accordance with applicable procedures NMHC, emissions and one-hundredth of in emission credit trading, maintain the in subpart I or N of this part to ascertain a gram per brake horsepower-hour for quarterly records required under that such test engines meet the particulate emissions). § 86.091–7(c)(8). requirements of paragraphs (a), (b), (c), (B) In no case may the FEL exceed the (4) Projected credits based on and (d) of this section. upper limit prescribed in the section information supplied in the certification Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54723

application may be used to obtain a Emission credits = (Std ¥ FEL) × (CF) credits for Otto-cycle engines and NOX certificate of conformity. However, any × (UL) × (Production) × (10¥6) × plus NMHC emission credits for diesel- such credits may be revoked based on (Discount) cycle engines will only be allowed review of end-of-model year reports, (iii) For purposes of the equations in between heavy-duty engine families in follow-up audits, and any other paragraphs (c)(1) (i) and (ii) of this the same averaging set. The averaging compliance measures deemed section: sets for the averaging and trading of appropriate by the Administrator. Std = the current and applicable heavy- NOX and NOX plus NMHC emission (5) Compliance under averaging, credits for heavy-duty engines are duty engine NOX, NOX plus NMHC, banking, and trading will be determined or particulate emission standard in defined as follows: at the end of the model year. Engine grams per brake horsepower hour or (1) For NOX credits from Otto-cycle families without an adequate amount of grams per Megajoule. heavy-duty engines: NOX, NOX plus NMHC, and/or (i) Otto-cycle heavy-duty engines FEL = the NOX, NOX plus NMHC, or particulate emission credits will violate particulate family emission limit for constitute an averaging set. Averaging the conditions of the certificate of the engine family in grams per and trading among all Otto-cycle heavy- conformity. The certificates of brake horsepower hour or grams per duty engine families is allowed. There conformity may be voided ab initio for Megajoule. are no subclass restrictions. (ii) Gasoline-fueled heavy-duty engine families exceeding the emission CF = a transient cycle conversion factor vehicles certified under the provisions standard. in BHP-hr/mi or MJ/mi, as given in of § 86.085–1(b) may not average or (6) If EPA or the manufacturer paragraph (c)(2) of this section. determines that a reporting error UL = the useful life described in trade with gasoline-fueled heavy-duty occurred on an end-of-year report § 86.004–2, or alternative life as Otto-cycle engines, but may average or previously submitted to EPA under this described in paragraph (f) of trade credits with light-duty trucks. (iii) The averaging and trading of NO section, the manufacturer’s credits and § 86.004–21, for the given engine X emission credits will only be allowed credit calculations will be recalculated. family in miles. between heavy-duty engine families in Erroneous positive credits will be void. Production = the number of engines the same regional category. Otto-cycle Erroneous negative balances may be produced for U.S. sales within the engines produced for sale in California adjusted by EPA for retroactive use. given engine family during the constitute a separate regional category (i) If EPA review of a manufacturer’s model year. Quarterly production than engines produced for sale in the end-of-year report indicates a credit projections are used for initial other 49 states. Banking and trading are shortfall, the manufacturer will be certification. Actual production is not applicable to engines sold in permitted to purchase the necessary used for end-of-year compliance California. credits to bring the credit balance for determination. (2) For NOX plus NMHC credits from that engine family to zero, using the Discount = a one-time discount applied diesel-cycle heavy-duty engines: discount specified in paragraph (c)(1) of to all credits to be banked or traded this section on the ratio of credits (i) Each of the three primary intended within the model year generated. service classes for heavy-duty diesel purchased for every credit needed to Except as otherwise allowed in bring the balance to zero. If sufficient engines, as defined in § 86.004–2, paragraph (k) of this section, the constitute an averaging set. Averaging credits are not available to bring the discount applied here is 0.9 for credit balance for the family in question and trading among all diesel-cycle diesel-cycle engines. The discount engine families within the same primary to zero, EPA may void the certificate for applied here is 0.8 for all Otto-cycle that engine family ab initio. service class is allowed. engines. Banked credits traded in a (ii) Urban buses are treated as (ii) If within 180 days of receipt of the subsequent model year will not be manufacturer’s end-of-year report, EPA members of the primary intended subject to an additional discount. service class where they otherwise review determines a reporting error in Banked credits used in a the manufacturer’s favor (i.e., resulting would fall. subsequent model year’s averaging (e) Averaging sets for particulate in a positive credit balance) or if the program will not have the discount emission credits. The averaging and manufacturer discovers such an error restored. trading of particulate emission credits within 180 days of EPA receipt of the (2)(i) The transient cycle conversion will only be allowed between diesel end-of-year report, the credits will be factor is the total (integrated) cycle cycle heavy-duty engine families in the restored for use by the manufacturer. brake horsepower-hour or Megajoules, same averaging set. The averaging sets (c)(1) For each participating engine divided by the equivalent mileage of the for the averaging and trading of family, NOX, NOX plus NMHC, and applicable transient cycle. For Otto- particulate emission credits for diesel particulate emission credits (positive or cycle heavy-duty engines, the cycle heavy-duty engines are defined as negative) are to be calculated according equivalent mileage is 6.3 miles. For follows: to one of the following equations and diesel heavy-duty engines, the (1) Engines intended for use in urban rounded, in accordance with ASTM equivalent mileage is 6.5 miles. buses constitute a separate averaging set E29–93a, to the nearest one-tenth of a (ii) When more than one configuration from all other heavy-duty engines. Megagram (Mg). Consistent units are to is chosen by EPA to be tested in the Averaging and trading between diesel be used throughout the equation. certification of an engine family (as cycle bus engine families is allowed. (i) For determining credit need for all described in § 86.085–24), the (2) For heavy-duty engines, exclusive engine families and credit availability conversion factor used is to be based of urban bus engines, each of the three for engine families generating credits for upon a production weighted average primary intended service classes for averaging programs only: value of the configurations in an engine heavy-duty diesel cycle engines, as Emission credits = (Std ¥ FEL) × (CF) family to calculate the conversion defined in § 86.004–2, constitute an × (UL) × (Production) × (10¥6) factor. averaging set. Averaging and trading (ii) For determining credit availability (d) Averaging sets for NOX and for between diesel-cycle engine families for engine families generating credits for NOX plus NMHC emission credits. The within the same primary service class is trading or banking programs: averaging and trading of NOX emission allowed. 54724 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

(3) Otto cycle engines may not paragraphs assume NOX, NOX plus this portion of the credits generated participate in particulate averaging, NMHC, and particulate nonconformance between the standard and the FEL, trading, or banking. penalties (NCPs) will be available for based on the calculation in (c)(1) of this (f) Banking of NOX, NOX plus NMHC, the 2004 and later model year HDEs. section, would belong to the engine and particulate emission credits. (1) (2) Engine families using NOX, NOX purchaser. For ABT, the manufacturer Credit deposits. (i) NOX, NOX plus plus NMHC, and/or particulate NCPs may not generate any credits for the NMHC, and particulate emission credits but not involved in averaging: engine sales reported as may be banked from engine families (i) May not generate NOX, NOX plus ‘‘nonmanufacturer-owned credits’’. produced in any model year. NMHC, or particulate credits for Engines reported as ‘‘nonmanufacturer- (ii) Manufacturers may bank credits banking and trading. owned credits’’ shall comply with the only after the end of the model year and (ii) May not use NOX, NOX plus FEL and the requirements of the ABT after actual credits have been reported NMHC, or particulate credits from program in all other respects. to EPA in the end-of-year report. During banking and trading. (2) Only manufacturer-owned credits the model year and before submittal of (3) If a manufacturer has any engine reported as ‘‘ABT-only credits’’ shall be the end-of-year report, credits originally family to which application of NCPs used in the averaging, trading, and designated in the certification process and banking and trading credits is banking provisions described in this for banking will be considered reserved desired, that family must be separated section. and may be redesignated for trading or into two distinct families. One family, (3) Credits shall not be double- averaging. whose FEL equals the standard, must counted. Credits used in the ABT (2) Credit withdrawals. (i) After being use NCPs only while the other, whose program may not be provided to an generated, banked NOX credits shall be FEL does not equal the standard, must engine purchaser for use in another available for use within three model use credits only. program. years following the model year in which (4) If a manufacturer has any engine (4) Manufacturers shall determine and they were generated. NOX credits from family in a given averaging set which is state the number of engines sold as Otto-cycle HDE families not used within using NOX, NOX plus NMHC, and/or ‘‘ABT-only credits’’ and the period specified above shall be particulate NCPs, none of that ‘‘nonmanufacturer-owned credits’’ in forfeited. NOX plus NMHC and manufacturer’s engine families in that the end-of-model year reports required particulate credits from diesel-cycle averaging set may generate credits for under § 86.001–23. HDE families do not expire. banking and trading. (k) Additional Flexibility. If a diesel- (ii) Manufacturers withdrawing (h) In the event of a negative credit cycle engine family meets the banked NOX, NOX plus NMHC, and/or balance in a trading situation, both the conditions of either paragraph (k)(1) or particulate credits shall indicate so buyer and the seller would be liable. (2) of this section, a Discount of 1.0 may during certification and in their credit (i) Certification fuel used for credit be used in the trading and banking reports, as described in § 86.091–23. generation must be of a type that is both calculation, for both NOX plus NMHC (3) Use of banked emission credits. available in use and expected to be used and for particulate, described in The use of banked credits shall be by the engine purchaser. Therefore, paragraph (c)(1) of this section. within the averaging set and other upon request by the Administrator, the (1) The engine family certifies with a restrictions described in paragraphs (d) engine manufacturer must provide certification level of 1.9 g/bhp-hr NOX and (e) of this section, and only for the information acceptable to the plus NMHC or lower for all diesel-cycle following purposes: Administrator that the designated fuel is engine families. (i) Banked credits may be used in readily available commercially and (2) All of the following must apply to averaging, or in trading, or in any would be used in customer service. the engine family: combination thereof, during the (j) Credit apportionment. At the (i) Diesel-cycle engines only; certification period. Credits declared for manufacturers option, credits generated (ii) 2004, 2005, and 2006 model years banking from the previous model year from diesel-cycle heavy-duty engines only; but not reported to EPA may also be under the provisions described in this (iii) Must be an engine family using used. However, if EPA finds that the section may be sold to or otherwise carry-over certification data from prior reported credits can not be proven, they provided to the another party for use in to model year 2004 where the NOX plus will be revoked and unavailable for use. programs other than the averaging, the HC certification level prior to model (ii) Banked credits may not be used trading and banking program described year 2004 is below the NOX plus NMHC for NOX, NOX plus NMHC, or in this section. or NOX plus NMHCE standard set forth particulate averaging and trading to (1) The manufacturer shall pre- in § 86.004–11. Under this option, the offset emissions that exceed an FEL. identify two emission levels per engine NOX credits generated from this engine Banked credits may not be used to family for the purposes of credit family prior to model year 2004 may be remedy an in-use nonconformity apportionment. One emission level shall used as NOX plus NMHC credits. determined by a Selective Enforcement be the FEL and the other shall be the 15. A new § 86.004–21 is added to Audit or by recall testing. However, level of the standard that the engine subpart A to read as follows: banked credits may be used for family is required to certify to under subsequent production of the engine § 86.004–11. For each engine family, the § 86.004±21 Application for certification. family if the manufacturer elects to manufacturer may report engine sales in Section 86.004–21 includes text that recertify to a higher FEL. two categories, ‘‘ABT-only credits’’ and specifies requirements that differ from (iii) Banked NOX credits from 2003 ‘‘nonmanufacturer-owned credits’’. § 86.094–21 or § 86.096–21. Where a and prior may be used in place of NOX (i) For engine sales reported as ‘‘ABT- paragraph in § 86.094–21 or § 86.096–21 plus NMHC credits after 2003 provided only credits’’, the credits generated must is identical and applicable to § 86.004– that they are used in the correct be used solely in the ABT program 21, this may be indicated by specifying averaging set and the NOX credits have described in this section. the corresponding paragraph and the not expired. (ii) The engine manufacturer may statement ‘‘[Reserved]. For guidance see (g)(1) For the purposes of paragraph declare a portion of engine sales § 86.094–21.’’ or ‘‘[Reserved]. For (g) of this section, the following ‘‘nonmanufacturer-owned credits’’ and guidance see § 86.096–21.’’. Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54725

(a) through (b)(3) [Reserved]. For described in §§ 86.088–2 and 86.094– in paragraphs (b)(3)(iii) (A) through (E) guidance see § 86.094–21. 28(b)(5)(ii). of this section shall occur at 50,000 (b)(4)(i) For light-duty vehicles and (b)(7) and (b)(8) [Reserved]. For miles (or 1,500 hours) of use and at light-duty trucks, a description of the guidance see § 86.094–21. 50,000-mile (or 1,500-hour) intervals test procedures to be used to establish (b)(9) For each light-duty vehicle, thereafter. the evaporative emission and/or light-duty truck, evaporative/refueling (A) Positive crankcase ventilation refueling emission deterioration factors, emission family or heavy-duty vehicle valve. as appropriate, required to be evaporative emission family, a (B) Emission-related hoses and tubes. determined and supplied in § 86.001– description of any unique procedures (C) Ignition wires. 23(b)(2). required to perform evaporative and/or (D) Idle mixture. (b)(4)(ii) through (b)(5)(iv) [Reserved]. refueling emission tests, as applicable, (E) Exhaust gas recirculation system For guidance see § 86.094–21. (including canister working capacity, related filters and coolers. (b)(5)(v) For light-duty vehicles and canister bed volume, and fuel (iv) For otto-cycle light-duty vehicles, applicable light-duty trucks with non- temperature profile for the running loss light-duty trucks and otto-cycle heavy- integrated refueling emission control test) for all vehicles in that evaporative duty engines, the adjustment, cleaning, systems, the number of continuous and/or evaporative/refueling emission repair, or replacement of the oxygen UDDS cycles, determined from the fuel family, and a description of the method sensor shall occur at 80,000 miles (or economy on the UDDS applicable to the used to develop those unique 2,400 hours) of use and at 80,000-mile test vehicle of that evaporative/ procedures. (or 2,400-hour) intervals thereafter. refueling emission family-emission (10) For each light-duty vehicle or (v) For otto-cycle heavy-duty engines, control system combination, required to applicable light-duty truck evaporative/ the adjustment, cleaning, repair, or use a volume of fuel equal to 85% of refueling emission family, or each replacement of the items listed in fuel tank volume. heavy-duty vehicle evaporative paragraphs (b)(3)(v) (A) through (H) of (6) Participation in averaging emission family: this section shall occur at 100,000 miles programs—(i) Particulate averaging. (A) (i) Canister working capacity, (or 3,000 hours) of use and at 100,000- If the manufacturer elects to participate according to the procedures specified in mile (or 3,000-hour) intervals thereafter. in the particulate averaging program for § 86.132–96(h)(1)(iv); (A) Catalytic converter. (B) Air injection system components. diesel light-duty vehicles and/or diesel (ii) Canister bed volume; and (C) Fuel injectors. light-duty trucks or the particulate (iii) Fuel temperature profile for the (D) Electronic engine control unit and averaging program for heavy-duty diesel running loss test, according to the its associated sensors (except oxygen engines, the application must list the procedures specified in § 86.129–94(d). (c) through (j) [Reserved]. For sensor) and actuators. family particulate emission limit and (E) Evaporative emission canister. the projected U.S. production volume of guidance see § 86.094–21. (k) and (l) [Reserved]. For guidance (F) Turbochargers. the family for the model year. see § 86.096–21. (G) Carburetors. (B) The manufacturer shall choose the 16. A new § 86.004–25 is added to (H) Exhaust gas recirculation system level of the family particulate emission subpart A to read as follows: (including all related control valves and limits, accurate to hundredth of a gram tubing) except as otherwise provided in per mile or hundredth of a gram per § 86.004±25 Maintenance. paragraph (b)(3)(iii)(E) of this section. brake horsepowerhour for HDEs. Section 86.004–25 includes text that (b)(3)(vi)(A) through (b)(3)(vi)(D) (C) The manufacturer may at any time specifies requirements that differ from [Reserved]. For guidance see § 86.094– during production elect to change the § 86.094–25 or § 86.098–25. Where a 25. level of any family particulate emission paragraph in § 86.094–25 or § 86.098–25 (b)(3)(vi)(E) through (b)(3)(vi)(J) limit(s) by submitting the new limit(s) to is identical and applicable to § 86.004– [Reserved]. For guidance see § 86.098– the Administrator and by demonstrating 25, this may be indicated by specifying 25. compliance with the limit(s) as the corresponding paragraph and the (4) For diesel-cycle light-duty described in §§ 86.090–2 and 86.094– statement ‘‘[Reserved]. For guidance see vehicles, light-duty trucks, and HDEs, 28(b)(5)(i). § 86.094–25.’’ or ‘‘[Reserved]. For emission-related maintenance in (ii) NOX and NOX plus NMHC guidance see § 86.098–25.’’. addition to or at shorter intervals than averaging. (A) If the manufacturer elects (a)(1) Applicability. This section that listed in paragraphs (b)(4) (i) to participate in the NOX averaging applies to light-duty vehicles, light-duty through (iv) of this section will not be program for light-duty trucks or otto- trucks, and HDEs. accepted as technologically necessary, cycle HDEs or the NOX plus NMHC (2) Maintenance performed on except as provided in paragraph (b)(7) of averaging program for diesel-cycle vehicles, engines, subsystems, or this section. HDEs, the application must list the components used to determine exhaust, (i) For diesel-cycle heavy-duty family emission limit and the projected evaporative or refueling emission engines, the adjustment, cleaning, U.S. production volume of the family deterioration factors, as appropriate, is repair, or replacement of the items listed for the model year. classified as either emission-related or in paragraphs (b)(4)(i) (A) through (C) of (B) The manufacturer shall choose the non-emission-related and each of these this section shall occur at 50,000 miles level of the family emission limits, can be classified as either scheduled or (or 1,500 hours) of use and at 50,000- accurate to one-tenth of a gram per mile unscheduled. Further, some emission- mile (or 1,500-hour) intervals thereafter. or to one-tenth of a gram per brake related maintenance is also classified as (A) Exhaust gas recirculation system horsepower-hour for HDEs. critical emission-related maintenance. related filters and coolers. (C) The manufacturer may at any time (b) Introductory text through (b)(3)(ii) (B) Positive crankcase ventilation during production elect to change the [Reserved]. For guidance see § 86.094– valve. level of any family emission limit(s) by 25. (C) Fuel injector tips (cleaning only). submitting the new limits to the (b)(3)(iii) For otto-cycle heavy-duty (ii) For diesel-cycle light-duty Administrator and by demonstrating engines, the adjustment, cleaning, vehicles and light-duty trucks, the compliance with the limit(s) as repair, or replacement of the items listed adjustment, cleaning, repair, or 54726 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations replacement of the positive crankcase (H) Any other add-on emissions- item without such visible signals, and ventilation valve shall occur at 50,000 related component (i.e., a component monitor the performance of the critical miles of use and at 50,000-mile intervals whose sole or primary purpose is to maintenance item by the owners to thereafter. reduce emissions or whose failure will show compliance with paragraph (iii) The adjustment, cleaning, repair, significantly degrade emissions control (b)(6)(ii)(B) of this section. This option or replacement of items listed in and whose function is not integral to the is restricted to two consecutive model paragraphs (b)(4)(iii) (A) through (G) of design and performance of the engine.) years and may not be repeated until any this section shall occur at 100,000 miles (ii) All critical emission-related previous survey has been completed. If (or 3,000 hours) of use and at 100,000- scheduled maintenance must have a the critical maintenance involves more mile (or 3,000-hour) intervals thereafter reasonable likelihood of being than one engine family, the sample will for light heavy-duty diesel engines, or, performed in-use. The manufacturer be sales weighted to ensure that it is at 150,000 miles (or 4,500 hours) shall be required to show the reasonable representative of all the families in intervals thereafter for medium and likelihood of such maintenance being question. heavy heavy-duty diesel engines. performed in-use, and such showing (E) The manufacturer provides the (A) Fuel injectors. shall be made prior to the performance maintenance free of charge, and clearly (B) Turbocharger. of the maintenance on the durability informs the customer that the (C) Electronic engine control unit and data vehicle. Critical emission-related maintenance is free in the instructions its associated sensors and actuators. scheduled maintenance items which provided under § 86.087–38. (D) Particulate trap or trap-oxidizer satisfy one of the conditions defined in (F) Any other method which the system (including related components). paragraphs (b)(6)(ii) (A) through (F) of Administrator approves as establishing (E) Exhaust gas recirculation system this section will be accepted as having a reasonable likelihood that the critical (including all related control valves and a reasonable likelihood of the maintenance will be performed in-use. tubing) except as otherwise provided in maintenance item being performed in- (iii) Visible signal systems used under paragraph (b)(4)(i)(A) of this section. use. paragraph (b)(6)(ii)(C) of this section are (F) Catalytic converter. (A) Data are presented which considered an element of design of the (G) Any other add-on emissions- establish for the Administrator a emission control system. Therefore, related component (i.e., a component connection between emissions and disabling, resetting, or otherwise whose sole or primary purpose is to vehicle performance such that as rendering such signals inoperative reduce emissions or whose failure will emissions increase due to lack of without also performing the indicated significantly degrade emissions control maintenance, vehicle performance will maintenance procedure is a prohibited and whose function is not integral to the simultaneously deteriorate to a point act under section 203(a)(3) of the Clean design and performance of the engine.) unacceptable for typical driving. Air Act (42 U.S.C. 7522(a)(3)). (iv) For disel-cycle light-duty vehicles (B) Survey data are submitted which (b)(7) through (h) [Reserved]. For and light-duty trucks, the adjustment, adequately demonstrate to the guidance see § 86.094–25. cleaning, repair, or replacement shall Administrator that, at an 80 percent 17. Section 86.004–28 of Subpart A is occur at 100,000 miles of use and at confidence level, 80 percent of such amended by revising paragraphs (c) and 100,000-mile intervals thereafter of the engines already have this critical (d) to read as follows: items listed in paragraphs (b)(4)(iv) (A) maintenance item performed in-use at through (G) of this section. the recommended interval(s). § 86.004±28 Compliance with emission (A) Fuel injectors. (C) A clearly displayed visible signal standards. (B) Turbocharger. system approved by the Administrator * * * * * (C) Electronic engine control unit and is installed to alert the vehicle driver (c)(1) Paragraph (c) of this section its associated sensors and actuators. that maintenance is due. A signal applies to heavy-duty engines. (D) Particulate trap or trap-oxidizer bearing the message ‘‘maintenance (2) The applicable exhaust emission system (including related components). needed’’ or ‘‘check engine’’, or a similar standards (or family emission limits, as (E) Exhaust gas recirculation system message approved by the Administrator, appropriate) for Otto-cycle engines and including all related filters and control shall be actuated at the appropriate for diesel-cycle engines apply to the valves. mileage point or by component failure. emissions of engines for their useful life. (F) Catalytic converter. This signal must be continuous while (3) Since emission control efficiency (G) Superchargers. the engine is in operation and not be generally decreases with the (5) [Reserved] (6)(i) The components listed in easily eliminated without performance accumulation of service on the engine, paragraphs (b)(6)(i) (A) through (H) of of the required maintenance. Resetting deterioration factors will be used in this section are currently defined as the signal shall be a required step in the combination with emission data engine critical emission-related components. maintenance operation. The method for test results as the basis for determining (A) Catalytic converter. resetting the signal system shall be compliance with the standards. (B) Air injection system components. approved by the Administrator. For (4)(i) Paragraph (c)(4) of this section (C) Electronic engine control unit and HDEs, the system must not be designed describes the procedure for determining its associated sensors (including oxygen to deactivate upon the end of the useful compliance of an engine with emission sensor if installed) and actuators. life of the engine or thereafter. standards (or family emission limits, as (D) Exhaust gas recirculation system (D) A manufacturer may desire to appropriate), based on deterioration (including all related filters, coolers, demonstrate through a survey that a factors supplied by the manufacturer. control valves, and tubing). critical maintenance item is likely to be Deterioration factors shall be established (E) Positive crankcase ventilation performed without a visible signal on a using applicable emissions test valve. maintenance item for which there is no procedures. NOX plus NMHC (F) Evaporative and refueling prior in-use experience without the deterioration factors shall be established emission control system components signal. To that end, the manufacturer based on the sum of the pollutants. (excluding canister air filter). may in a given model year market up to When establishing deterioration factors (G) Particulate trap or trap-oxidizer 200 randomly selected vehicles per for NOX plus NMHC, a negative system. critical emission-related maintenance deterioration (emissions decrease from Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54727 the official exhaust emissions test than zero, it shall be zero for the (2) The applicable evaporative result) for one pollutant may not offset purposes of this paragraph. emission standards in this subpart apply deterioration of the other pollutant. (2) Diesel-cycle HDEs utilizing to the emissions of vehicles for their Where negative deterioration occurs for aftertreatment technology (e.g., useful life. NOX and/or NMHC, the official exhaust particulate traps). For transient NMHC (3)(i) For vehicles with a GVWR of up emission test result shall be used for (NMHCE), CO, NOX, NOX plus NMHC, to 26,000 pounds, because it is expected purposes of determining the NOX plus and exhaust particulate, the official that emission control efficiency will NMHC deterioration factor. exhaust emission results for each change during the useful life of the (ii) Separate exhaust emission emission data engine at the selected test vehicle, an evaporative emission deterioration factors, determined from point shall be adjusted by deterioration factor shall be determined tests of engines, subsystems, or multiplication by the appropriate from the testing described in § 86.098– components conducted by the deterioration factor. However, if the 23(b)(3) for each evaporative emission manufacturer, shall be supplied for each deterioration factor supplied by the family-evaporative emission control engine-system combination. For Otto- manufacturer is less than one, it shall be system combination to indicate the cycle engines, separate factors shall be one for the purposes of this paragraph. evaporative emission control system established for transient NMHC (3) Diesel-cycle HDEs only. For deterioration during the useful life of (NMHCE), CO, NOX, NOX plus NMHC, acceleration smoke (‘‘A’’), lugging the vehicle (minimum 50,000 miles). and idle CO, for those engines utilizing smoke (‘‘B’’), and peak smoke (‘‘C’’), the The factor shall be established to a aftertreatment technology (e.g., catalytic official exhaust emission results for minimum of two places to the right of converters). For diesel-cycle engines, each emission data engine at the the decimal. separate factors shall be established for selected test point shall be adjusted by (ii) For vehicles with a GVWR of transient NMHC (NMHCE), CO, NOX, the addition of the appropriate greater than 26,000 pounds, because it NOX plus NMHC and exhaust deterioration factor. However, if the is expected that emission control particulate. For diesel-cycle smoke deterioration factor supplied by the efficiency will change during the useful testing, separate factors shall also be manufacturer is less than zero, it shall life of the vehicle, each manufacturer’s established for the acceleration mode be zero for the purposes of this statement as required in § 86.098– (designated as ‘‘A’’), the lugging mode paragraph. 23(b)(4)(ii) shall include, in accordance (designated as ‘‘B’’), and peak opacity (iv) The emission values to compare with good engineering practice, (designated as ‘‘C’’). with the standards (or family emission consideration of control system (iii)(A) Paragraphs (c)(4)(iii)(A) (1) limits, as appropriate) shall be the deterioration. and (2) of this section apply to Otto- (4) The evaporative emission test adjusted emission values of paragraph cycle HDEs. results, if any, shall be adjusted by the (c)(4)(iii) of this section, rounded to the (1) Otto-cycle HDEs not utilizing addition of the appropriate deterioration same number of significant figures as aftertreatment technology (e.g., catalytic factor, provided that if the deterioration contained in the applicable standard in converters). For transient NMHC factor as computed in paragraph (d)(3) accordance with ASTM E 29–93a (as (NMHCE), CO, NOX, the official exhaust of this section is less than zero, that referenced in § 86.094–28 emission results for each emission data deterioration factor shall be zero for the (a)(4)(i)(B)(2)(ii)), for each emission data engine at the selected test point shall be purposes of this paragraph. adjusted by the addition of the engine. (5) The emission level to compare appropriate deterioration factor. (5) and (6) [Reserved]. with the standard shall be the adjusted However, if the deterioration factor (7) Every test engine of an engine emission level of paragraph (d)(4) of this supplied by the manufacturer is less family must comply with all applicable section. Before any emission value is than zero, it shall be zero for the standards (or family emission limits, as compared with the standard, it shall be purposes of this paragraph. appropriate), as determined in rounded, in accordance with ASTM E (2) Otto-cycle HDEs utilizing paragraph (c)(4)(iv) of this section, 29–93a (as referenced in § 86.094–28 aftertreatment technology (e.g., catalytic before any engine in that family will be (a)(4)(i)(B)(2)(ii)), to two significant converters). For transient NMHC certified. figures. The rounded emission values (8) For the purposes of setting an (NMHCE), CO, NOX, and for idle CO, may not exceed the standard. the official exhaust emission results for NMHC plus NOx certification level or (6) Every test vehicle of an each emission data engine at the FEL for a diesel-fueled engine family, evaporative emission family must selected test point shall be adjusted by the manufacturer may use one of the comply with the evaporative emission multiplication by the appropriate following options for the determination standard, as determined in paragraph deterioration factor. However, if the of NMHC for an engine family. The (d)(5) of this section, before any vehicle deterioration factor supplied by the manufacturer must declare which in that family may be certified. option is used in its application for manufacturer is less than one, it shall be * * * * * one for the purposes of this paragraph. certification of that engine family. 18. Section 86.004–30 is amended by (B) Paragraph (c)(4)(iii)(B) of this (i) THC may be used in lieu of NMHC revising paragraphs (a)(3), (a)(4)(i), section applies to diesel-cycle HDEs. for the standards set forth in § 86.004– (a)(4)(ii), and (a)(4)(iv)(A) through (1) Diesel-cycle HDEs not utilizing 11. (a)(12) to read as follows: aftertreatment technology (e.g., (ii) The manufacturer may choose its particulate traps). For transient NMHC own method to analyze methane with § 86.004±30 Certification. (NMHCE), CO, NOX, NOX plus NMHC, prior approval of the Administrator. * * * * * and exhaust particulate, the official (iii) The manufacturer may assume (a)(3)(i) One such certificate will be exhaust emission results for each that two percent of the measured THC issued for each engine family. For emission data engine at the selected test is methane (NMHC =0.98 × THC). gasoline-fueled and methanol-fueled point shall be adjusted by the addition (d)(1) Paragraph (d) of this section light-duty vehicles and light-duty of the appropriate deterioration factor. applies to heavy-duty vehicles equipped trucks, and petroleum-fueled diesel However, if the deterioration factor with gasoline-fueled or methanol-fueled cycle light-duty vehicles and light-duty supplied by the manufacturer is less engines. trucks not certified under § 86.098– 54728 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

28(g), one such certificate will be issued not be sold to an ultimate purchaser for of the Administrator that the conditions for each engine family-evaporative/ principal use at a designated high- upon which the certificate was issued refueling emission family combination. altitude location; or were satisfied or excused. Each certificate will certify compliance (2) At a location other than a (11)(i) For light-duty truck families with no more than one set of in-use and designated high-altitude location, when which are included in a NOX averaging certification standards (or family such manufacturer has reason to believe program, the manufacturer’s emission limits, as appropriate). that such motor vehicle will be sold to production-weighted average of the NOX (ii) For gasoline-fueled and methanol an ultimate purchaser for principal use emission limits of all such engine fueled heavy-duty vehicles, one such at a designated high-altitude location. families shall not exceed the applicable certificate will be issued for each (B) When a light-duty vehicle or light- NOX emission standard, or the manufacturer and will certify duty truck is exempted from meeting composite NOX emission standard compliance for those vehicles low-altitude requirements as provided defined in § 86.088–2, as appropriate, at previously identified in that in § 86.094–8(i) or § 86.094–9(i): the end of the model year, as manufacturer’s statement(s) of (1) At a designated low-altitude determined in accordance with this compliance as required in § 86.098– location, unless such manufacturer has part. The certificate shall be void ab 23(b)(4) (i) and (ii). reason to believe that such vehicle will initio for those vehicles causing the (iii) For diesel light-duty vehicles and not be sold to an ultimate purchaser for production-weighted FEL to exceed the light-duty trucks, or diesel HDEs, principal use at a designated low- NOX standard. included in the applicable particulate altitude location; or (ii) For all HDEs which are included averaging program, the manufacturer (2) At a location other than a in the NOX plus NMHC ABT programs may at any time during production elect designated low-altitude location, when contained in § 86.098–15, or to change the level of any family such manufacturer has reason to believe superseding ABT sections as applicable, particulate emission limit by that such motor vehicle will be sold to the provisions of paragraphs (a)(11)(ii) demonstrating compliance with the new an ultimate purchaser for principal use (A) through (C) of this section apply. limit as described in § 86.094–28(a)(6), at a designated low-altitude location. (A) All certificates issued are § 86.094–28(b)(5)(i), or § 86.004– (a)(4)(iv)(A) through (a)(9) [Reserved]. conditional upon the manufacturer 28(c)(5)(i). New certificates issued under For guidance see § 86.094–30. complying with the provisions of this paragraph will be applicable only (10)(i) For diesel-cycle light-duty § 86.098–15 or superseding ABT for vehicles (or engines) produced vehicle and diesel-cycle light-duty truck sections as applicable and the ABT subsequent to the date of issuance. families which are included in a related provisions of other applicable (iv) For light-duty trucks or HDEs particulate averaging program, the sections, both during and after the included in the applicable NOX manufacturer’s production-weighted model year production. averaging program, the manufacturer average of the particulate emission (B) Failure to comply with all may at any time during production elect limits of all engine families in a provisions of § 86.098–15 or to change the level of any family NOX participating class or classes shall not superseding ABT sections as applicable emission limit by demonstrating exceed the applicable diesel-cycle will be considered to be a failure to compliance with the new limit as particulate standard, or the composite satisfy the conditions upon which the described in § 86.094–28(b)(5)(ii) or particulate standard defined in certificate was issued, and the certificate § 86.004–28(c)(5)(ii). New certificates § 86.090–2 as appropriate, at the end of may be deemed void ab initio. issued under this paragraph will be the model year, as determined in (C) The manufacturer shall bear the applicable only for vehicles (or engines) accordance with this part. The burden of establishing to the satisfaction produced subsequent to the day of certificate shall be void ab initio for of the Administrator that the conditions issue. those vehicles causing the production- upon which the certificate was issued (4)(i) For exempt light-duty vehicles weighted FEL to exceed the particulate were satisfied or excused. and light-duty trucks under the standard. (a)(12) [Reserved]. For guidance see provisions of § 86.094–8(j) or § 86.094– (ii) For all heavy-duty diesel-cycle § 86.094–30. 9(j), an adjustment or modification engines which are included in the * * * * * performed in accordance with particulate ABT programs under 19. A new § 86.004–38 is added to instructions provided by the § 86.098–15 or superseding ABT subpart A to read as follows: manufacturer for the altitude where the sections as applicable, the provisions of vehicle is principally used will not be paragraphs (a)(10)(ii) (A) through (C) of § 86.004±38 Maintenance instructions. considered a violation of section this section apply. Section 86.004–38 includes text that 203(a)(3) of the Clean Air Act (42 U.S.C. (A) All certificates issued are specifies requirements that differ from 7522(a)(3)). conditional upon the manufacturer § 86.094–38. Where a paragraph in (ii) A violation of section 203(a)(1) of complying with the provisions of § 86.094–38 is identical and applicable the Clean Air Act (42 U.S.C. 7522(a)(1)) § 86.098–15 or superseding ABT to § 86.004–38 this may be indicated by occurs when a manufacturer sells or sections as applicable and the ABT specifying the corresponding paragraph delivers to an ultimate purchaser any related provisions of other applicable and the statement ‘‘[Reserved]. For light-duty vehicle or light-duty truck, sections, both during and after the guidance see § 86.094–38.’’. subject to the regulations under the Act, model year production. (a) The manufacturer shall furnish or under any of the conditions specified in (B) Failure to comply with all cause to be furnished to the purchaser paragraph (a)(4)(ii) of this section. provisions of § 86.098–15 or of each new motor vehicle (or motor (A) When a light-duty vehicle or light- superseding ABT sections as applicable vehicle engine) subject to the standards duty truck is exempted from meeting will be considered to be a failure to prescribed in § 86.099–8, § 86.004–9, high-altitude requirements as provided satisfy the conditions upon which the § 86.004–10, or § 86.004–11, as in § 86.090–8(h) or § 86.094–9(h): certificate was issued, and the certificate applicable, written instructions for the (1) At a designated high-altitude may be deemed void ab initio. proper maintenance and use of the location, unless such manufacturer has (C) The manufacturer shall bear the vehicle (or engine), by the purchaser reason to believe that such vehicle will burden of establishing to the satisfaction consistent with the provisions of Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54729

§ 86.004–25, which establishes what (e) The manufacturer may choose to associated with rebuilding an engine. scheduled maintenance the include in such instructions an Any deviation from the provisions Administrator approves as being explanation of any distinction between contained in this section is a prohibited reasonable and necessary. the useful life specified on the label, act under section 203(a)(3) of the Clean (1) The maintenance instructions and the emissions defect and emissions Air Act (42 U.S.C. 7522(a)(3)). required by this section shall be in clear, performance warranty period. The (a) When rebuilding an engine, and to the extent practicable, explanation must clearly state that the portions of an engine, or an engine nontechnical language. useful life period specified on the label system, there must be a reasonable (2) The maintenance instructions represents the average period of use up technical basis for knowing that the required by this section shall contain a to retirement or rebuild for the engine resultant engine is equivalent, from an general description of the family represented by the engine used emissions standpoint, to a certified documentation which the manufacturer in the vehicle. An explanation of how configuration (i.e., tolerances, will require from the ultimate purchaser the actual useful lives of engines used calibrations, specifications) and the or any subsequent purchaser as in various applications are expected to model year(s) of the resulting engine evidence of compliance with the differ from the average useful life may configuration must be identified. A instructions. be included. The explanation(s) shall be reasonable basis would exist if: (b) Instructions provided to in clear, non-technical language that is (1) Parts installed, whether the parts purchasers under paragraph (a) of this understandable to the ultimate are new, used, or rebuilt, are such that section shall specify the performance of purchaser. a person familiar with the design and all scheduled maintenance performed (f) If approved by the Administrator, function of motor vehicle engines would by the manufacturer on certification the instructions provided to purchasers reasonably believe that the parts durability vehicles and, in cases where under paragraph (a) of this section shall perform the same function with respect the manufacturer performs less indicate what adjustments or to emissions control as the original maintenance on certification durability modifications, if any, are necessary to parts; and vehicles than the allowed limit, may allow the vehicle to meet applicable (2) Any parameter adjustment or specify the performance of any emission standards at elevations above design element change is made only: scheduled maintenance allowed under 4,000 feet, or at elevations of 4,000 feet (i) In accordance with the original § 86.004–25. or less. engine manufacturer’s instructions; or (c) Scheduled emission-related (g) [Reserved]. For guidance see (ii) Where data or other reasonable maintenance in addition to that § 86.094–38. technical basis exists that such performed under § 86.004–25(b) may (h) The manufacturer shall furnish or parameter adjustment or design element only be recommended to offset the cause to be furnished to the purchaser change, when performed on the engine effects of abnormal in-use operating of each new motor engine subject to the or similar engines, is not expected to conditions, except as provided in standards prescribed in § 86.004–10 or adversely affect in-use emissions. paragraph (d) of this section. The § 86.004–11, as applicable, the (b) When an engine is being rebuilt manufacturer shall be required to following: and remains installed or is reinstalled in demonstrate, subject to the approval of (1) Instructions for all maintenance the same vehicle, it must be rebuilt to the Administrator, that such needed after the end of the useful life of a configuration of the same or later maintenance is reasonable and the engine for critical emissions-related model year as the original engine. When technologically necessary to assure the components as provided in § 86.004– an engine is being replaced, the proper functioning of the emission 25(b), including recommended practices replacement engine must be an engine control system. Such additional for diagnosis, cleaning, adjustment, of (or rebuilt to) a configuration of the recommended maintenance shall be repair, and replacement of the same or later model year as the original clearly differentiated, in a form component (or a statement that such engine. approved by the Administrator, from component is maintenance free for the (c) At time of rebuild, emissions- that approved under § 86.004–25(b). life of the engine) and instructions for related codes or signals from on-board (d) Inspections of emission-related accessing and responding to any monitoring systems may not be erased parts or systems with instructions to emissions-related diagnostic codes that or reset without diagnosing and replace, repair, clean, or adjust the parts may be stored in on-board monitoring responding appropriately to the or systems if necessary, are not systems; diagnostic codes, regardless of whether considered to be items of scheduled (2) A copy of the engine rebuild the systems are installed to satisfy maintenance which insure the proper provisions contained in § 86.004–40. requirements in § 86.004–25 or for other functioning of the emission control 20. A new § 86.004–40 is added to reasons and regardless of form or system. Such inspections, and any subpart A to read as follows: interface. Diagnostic systems must be recommended maintenance beyond that free of all such codes when the rebuilt approved by the Administrator as § 86.004±40 Heavy-duty engine rebuilding engine is returned to service. Such reasonable and necessary under practices. signals may not be rendered inoperative paragraphs (a), (b), and (c) of this The provisions of this section are during the rebuilding process. section, may be included in the written applicable to engines subject to the (d) When conducting a rebuild instructions furnished to vehicle owners standards prescribed in § 86.004–10 or without removing the engine from the under paragraph (a) of this section: § 86.004–11 and are applicable to the vehicle, or during the installation of a Provided, That such instructions clearly process of engine rebuilding (or rebuilt engine, all critical emissions- state, in a form approved by the rebuilding a portion of an engine or related components listed in § 86.004– Administrator, that the owner need not engine system). The process of engine 25(b) not otherwise addressed by perform such inspections or rebuilding generally includes paragraphs (a) through (c) of this section recommended maintenance in order to disassembly, replacement of multiple must be checked and cleaned, adjusted, maintain the emissions defect and parts due to wear, and reassembly, and repaired, or replaced as necessary, emissions performance warranty or also may include the removal of the following manufacturer recommended manufacturer recall liability. engine from the vehicle and other acts practices. 54730 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

(e) Records shall be kept by parties by themselves or information that they (ii) For natural gas vehicles, the conducting activities included in cannot reasonably access. manufacturer has the option of using gas paragraphs (a) through (d) of this (3) Parties may keep records of their chromatography to measure NMHC section. The records shall include at rebuilding practices for an engine family through direct quantitation of minimum the mileage and/or hours at rather than on each individual engine individual hydrocarbon species. The time of rebuild, a listing of work rebuilt in cases where those rebuild manufacturer shall conform to standard performed on the engine and emissions- practices are followed routinely. industry practices and use good related control components including a (4) Records must be kept for a engineering judgement. listing of parts and components used, minimum of two years after the engine * * * * * engine parameter adjustments, is rebuilt. emissions-related codes or signals 21. Section 86.1311–94 is amended by 22. Section 86.1344–94 is amended by responded to and reset, and work revising paragraph (b)(3) to read as revising paragraph (e)(22) to read as performed under paragraph (d) of this follows: follows: section. § 86.1344±94 Required information. (1) Parties may keep records in § 86.1311±94 Exhaust gas analytical whatever format or system they choose system; CVS bag sample. * * * * * as long as the records are * * * * * (e) * * * (b) * * * understandable to an EPA enforcement (22) Brake specific emissions (g/BHP– officer or can be otherwise provided to (3)(i) Using a methane analyzer hr) for HC, CO, NOX, and, if applicable an EPA enforcement officer in an consisting of a gas chromatograph NMHC, NMHCE, THCE, CH3OH, and combined with a FID, the measurement understandable format when requested. HCHO for each test phase (cold and (2) Parties are not required to keep of methane shall be done in accordance hot). records of information that is not with SAE Recommended Practice J1151, reasonably available through normal ‘‘Methane Measurement Using Gas * * * * * business practices including Chromatography.’’ (Incorporated by [FR Doc. 97–27494 Filed 10–20–97; 8:45 am] information on activities not conducted reference pursuant to § 86.1(b)(2).) BILLING CODE 6560±50±P federal register October 21,1997 Tuesday Notice 42 oftheInternalRevenueCode1986; Difficult DevelopmentAreasforSection Statutorily MandatedDesignationof Development Housing andUrban Department of Part III 54731 54732 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: incomes no higher than 50 percent of URBAN DEVELOPMENT Background the Area Median Gross Income (‘‘AMGI’’), or 40 percent of units must [Docket No. FR±4287±N±01] The U.S. Treasury Department and be rent restricted and occupied by the Internal Revenue Service thereof are tenants with incomes no higher than 60 Statutorily Mandated Designation of authorized to interpret and enforce the Difficult Development Areas for percent of AMGI. The term rent- provisions of the Internal Revenue Code restricted means that gross rent, Section 42 of the Internal Revenue of 1986 (the ‘‘Code’’), including the Code of 1986 including an allowance for utilities, Low-Income Housing Tax Credit cannot exceed 30 percent of the tenant’s AGENCY: Office of the Secretary, HUD. (‘‘LIHTC’’) found at section 42 of the imputed income limitation (i.e., 50 Code, as enacted by the Tax Reform Act ACTION: Notice. percent or 60 percent of AMGI). The of 1986 (Pub. L. 99–514), as amended by rent and occupancy thresholds remain SUMMARY: This document provides the Technical and Miscellaneous in effect for at least 15 years, and revised designations of ‘‘Difficult Revenue Act of 1988 (Pub. L. 100–647), building owners are required to enter Development Areas’’ for purposes of the as amended by the Omnibus Budget into agreements to maintain the low Low-Income Housing Tax Credit Reconciliation Act of 1989 (Pub. L. 101– income character of the building for at (‘‘LIHTC’’) under section 42 of the 239), as amended by the Omnibus least an additional 15 years. Internal Revenue Code of 1986, and Budget Reconciliation Act of 1990 (Pub. The LIHTC reduces income tax describes the methodology used by the L. 101–508), as amended by the Tax liability dollar for dollar. It is taken United States Department of Housing Extension Act of 1991 (Pub. L. 102– annually for a term of ten years and is and Urban Development (‘‘HUD’’). The 227), and as amended and made intended to yield a present value of new Difficult Development Areas are permanent by the Omnibus Budget either (1) 70 percent of the ‘‘qualified based on FY 1997 Fair Market Rents Reconciliation Act of 1993 (Pub. L. 103– basis’’ for new construction or (‘‘FMRs’’), FY 1997 income limits and 66). The Secretary of HUD is required to substantial rehabilitation expenditures 1990 census population counts as designate Difficult Development Areas that are not federally subsidized (i.e., explained below. The corrected by section 42(d)(5)(C) of the Code. financed with tax-exempt bonds or designations of ‘‘Qualified Census In order to assist in understanding below-market federal loans), or (2) 30 Tracts’’ under section 42 of the Internal HUD’s mandated designation of percent of the qualified basis for the Revenue Code published May 1, 1995 Difficult Development Areas for use in acquisition of existing projects or (60 FR 21246) remain in effect. administering section 42 of the Code, a projects that are federally subsidized. summary of section 42 is provided. The FOR FURTHER INFORMATION CONTACT: The actual credit rates are adjusted following summary does not purport to With questions on how areas are monthly for projects placed in service bind the Treasury or the IRS in any way, designated and on geographic after 1987 under procedures specified in nor does it purport to bind HUD as HUD definitions, Kurt G. Usowski, section 42. Individuals can use the has no authority to interpret or Economist, Division of Economic credit up to a deduction equivalent of administer the Code, except in those Development and Public Finance, Office $25,000. This equals $9,900 at the 39.6 instances where it has a specific of Policy Development and Research, percent maximum marginal tax rate. delegation. Individuals cannot use the credit against Department of Housing and Urban the alternative minimum tax. Development, 451 Seventh Street, SW, Summary of Low Income Housing Tax Corporations, other than S or personal Washington, DC 20410, telephone (202) Credit service corporations, can use the credit 708–0426, e-mail The LIHTC is a tax incentive intended against ordinary income tax. They [email protected]. With to increase the availability of low cannot use the credit against the specific legal questions pertaining to income housing. Section 42 provides an alternative minimum tax. These section 42 and this notice, Chris Wilson, income tax credit to owners of newly corporations can also deduct the losses Attorney, Office of the Chief Counsel, constructed or substantially from the project. Pass Throughs and Special Industries rehabilitated low-income rental housing The qualified basis represents the Branch 5, Internal Revenue Service, projects. The dollar amount of the product of the ‘‘applicable fraction’’ of 1111 Constitution Ave, NW, LIHTC available for allocation by each the building and the ‘‘eligible basis’’ of Washington, DC 20244, telephone (202) state (the ‘‘credit ceiling’’) is limited by the building. The applicable fraction is 622–3040, fax (202) 622–4779; or Harold population. Each state is allocated credit based on the number of low income J. Gross, Senior Tax Attorney, Office of based on $1.25 per resident. Also, states units in the building as a percentage of the General Counsel, Department of may carry forward unused or returned the total number of units, or based on Housing and Urban Development, 451 credit for one year; if not used by then, the floor space of low income units as Seventh Street, SW, Washington, DC credit goes into a national pool to be a percentage of the total floor space in 20410, telephone (202) 708–3260, e-mail allocated to states as additional credit. the building. The eligible basis is the l l H. JERRY [email protected]. A State and local housing agencies adjusted basis attributable to telecommunications device for deaf allocate the state’s credit ceiling among acquisition, rehabilitation, or new persons (TTY) is available at (202) 708– low-income housing buildings whose construction costs (depending on the 9300. (These are not toll-free telephone owners have applied for the credit. type of LIHTC involved). These costs numbers.) Additional copies of this The credit allocated to a building is include amounts chargeable to capital notice are available through HUDUSER based on the cost of units placed in account incurred prior to the end of the at (800) 245–2691 for a small fee to service as low-income units under first taxable year in which the qualified cover duplication and mailing costs. certain minimum occupancy and low income building is placed in service COPIES AVAILABLE ELECTRONICALLY: This maximum rent criteria. In general, a or, at the election of the taxpayer, the notice is available electronically on the building must meet one of two end of the succeeding taxable year. In Internet (World Wide Web) at http:// thresholds to be eligible for the LIHTC: the case of buildings located in www.huduser.org/ under the heading Either 20 percent of units must be rent- designated Qualified Census Tracts or ‘‘Data Available from HUD.’’ restricted and occupied by tenants with designated Difficult Development Areas, Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54733 eligible basis can be increased up to 130 Program. The procedure used in making as the apparent excess is small, due to percent of what it would otherwise be. these calculations follows: measurement error. Despite the care and This means that the available credit also 1. For each MSA/PMSA and each effort involved in a decennial census, it can be increased by up to 30 percent. non-metropolitan county, a ratio was is recognized by the Census Bureau, and For example, if the 70 percent credit is calculated. This calculation used the FY all users of the data, that the population available, it effectively could be 1997 two-bedroom FMR and the FY counts for a given area and for the entire increased up to 91 percent. 1997 four-person VLIL. The numerator country are not precise. The extent of Under section 42(d)(5)(C) of the Code, of the ratio was the area’s FY 1997 FMR. the measurement error is unknown. a Qualified Census Tract is any census The denominator of the ratio was the Thus, there can be errors in both the tract (or equivalent geographic area monthly LIHTC income-based rent limit numerator and denominator of the ratio defined by the Bureau of the Census) in calculated as 1/12 of 30 percent of 120 of populations used in applying a 20 percent of the area’s VLIL (where 120 which at least 50 percent of households percent cap. In circumstances where a percent of the VLIL was rounded to the have an income less than 60 percent of strict application of a 20 percent cap nearest $50 and not allowed to exceed the AMGI. There is a limit on the results in an anomalous situation, 80 percent of the AMGI in areas where amount of Qualified Census Tracts in recognition of the unavoidable the VLIL is adjusted upward from its 50 any Metropolitan Statistical Area imprecision in the census data justifies percent of AMGI base). (‘‘MSA’’) or Primary Metropolitan accepting small variances above the 20 2. The ratios of the FMR to the LIHTC percent limit. Statistical Area (‘‘PMSA’’) that may be income-based rent limit were arrayed in designated to receive an increase in descending order, separately, for MSAs/ C. Exceptions to OMB Definitions of eligible basis: All of the designated PMSAs and for non-metropolitan MSAs/PMSAs and Other Geographic census tracts within a given MSA/ counties. Matters PMSA may not together contain more 3. The Difficult Development Areas than 20 percent of the total population As stated in OMB Bulletin 96–08 defining are those with the highest ratios metropolitan areas: ‘‘OMB establishes and of the MSA/PMSA. For purposes of cumulative to 20 percent of the 1990 maintains the definitions of the HUD designations of Qualified Census population of all metropolitan areas and (Metropolitan Areas) MAs solely for Tracts, all non-metropolitan areas in a of all non-metropolitan counties. statistical purposes * * * OMB does not take state are treated as if they constituted a into account or attempt to anticipate any single metropolitan area. This Notice B. Application of Population Caps to nonstatistical uses that may be made of the does not redesignate Qualified Census Difficult Development Area definitions * * * We recognize that some Tracts. The corrected designation of Determinations legislation specifies the use of metropolitan Qualified Census Tracts published May areas for programmatic purposes, including In identifying Difficult Development allocating Federal funds.’’ 1, 1995, at 60 FR 21246 remains in Areas, HUD applied various caps, or effect. Qualified Census Tracts will not limitations, as noted above. The HUD makes exceptions to OMB be redesignated until data from the 2000 cumulative population of metropolitan definitions in calculating FMRs by census become available. Difficult Development Areas cannot deleting counties from metropolitan areas whose OMB definitions are Section 42 defines a Difficult exceed 20 percent of the cumulative determined by HUD to be larger than Development Area as any area population of all metropolitan areas and their housing market areas. In addition, designated by the Secretary of HUD as the cumulative population of HUD is required by statute to calculate an area that has high construction, land, nonmetropolitan Difficult Development a separate FMR and VLIL for and utility costs relative to the AMGI. Areas cannot exceed 20 percent of the Westchester County, New York, which Again, limits apply. All designated cumulative population of all OMB includes as part of the New York, Difficult Development Areas in MSAs/ nonmetropolitan counties. NY PMSA. The following counties are PMSAs may not contain more than 20 In applying these caps, HUD assigned their own FMRs and VLILs and percent of the aggregate population of established procedures to deal with how evaluated as if they were separate all MSAs/PMSAs, and all designated to treat small overruns of the caps. The metropolitan areas for purposes of areas not in metropolitan areas may not remainder of this section explains the designating Difficult Development contain more than 20 percent of the procedure. In general, HUD stops Areas. aggregate population of all non- selecting areas when it is impossible to metropolitan counties. choose another area without exceeding Metropolitan Area and Counties Deleted the applicable cap. The only exceptions Explanation of HUD Designation to this policy are when the next eligible Atlanta, GA: Carrol, Pickens, and Methodology excluded area contains either a large Walton Counties. Chicago, IL: DeKalb, Grundy, and A. Difficult Development Areas absolute population or a large percentage of the total population, or Kendall Counties. Cincinnati-Hamilton, OH–KY–IN: In developing the list of Difficult the next excluded area’s ranking ratio as Brown County, Ohio; Gallatin, Development Areas, HUD compared described above was identical (to three Grant, and Pendleton Counties, incomes with housing costs. HUD used decimal places) to the last area selected, Kentucky; and Ohio County, 1990 Census data and the MSA/PMSA and its inclusion resulted in only a Indiana. definitions as published by the Office of minor overrun of the cap. Thus for both Dallas, TX: Henderson County. Management and Budget (‘‘OMB’’) in the designated metropolitan and Flagstaff, AZ–UT: Kane County, Utah. OMB Bulletin No. 96–08 on June 28, nonmetropolitan Difficult Development New York, NY: Westchester County. 1996, with the exceptions described in Areas there are minimal overruns of the New Orleans, LA: St. James Parish. section C., below. The basis for these caps. HUD believes the designation of Washington, DC–MD–VA–WV: Clarke, comparisons was the fiscal year (‘‘FY’’) these additional areas is consistent with Culpeper, King George, and Warren 1997 HUD income limits for Very Low the intent of the legislation. Some Counties, Virginia; and Berkely and Income households (‘‘VLILs’’) and Fair latitude is justifiable because it is Jefferson Counties, West Virginia. Market Rents (‘‘FMRs’’) used for the impossible to determine whether the 20 Affected MSAs/PMSAs are assigned section 8 Housing Assistance Payments percent cap has been exceeded, as long the indicator ‘‘(part)’’ in the list of 54734 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

Metropolitan Difficult Development Interpretive Examples for Effective Date significant impact on the quality of Areas. Any of the excluded counties For the convenience of readers of this human environment and therefore designated as difficult development Notice, interpretive examples are further environmental review under the areas separately from their metropolitan provided below to illustrate the National Environmental Policy Act is areas are designated by the county consequences of the effective date in not necessary. name. areas that gain or lose Difficult Regulatory Flexibility Act Finally, in the New England states Development Area status with respect to (Connecticut, Maine, Massachusetts, projects described in Internal Revenue In accordance with 5 U.S.C. 605(b) New Hampshire, Rhode Island, and Code section 42(h)(4)(B). (the Regulatory Flexibility Act), the Vermont) OMB defines MSAs/PMSAs (Case A) Project ‘‘A’’ is located in a undersigned hereby certifies that this according to county subdivisions or newly-designated 1998 Difficult notice does not have a significant Minor Civil Divisions (‘‘MCDs’’) rather Development Area. Bonds are issued for economic impact on a substantial than county boundaries. Thus, when a Project ‘‘A’’ on November 1, 1997, but number of small entities. The notice New England county is designated as a Project ‘‘A’’ is placed in service March involves the designation of ‘‘Difficult Nonmetropolitan Difficult Development 1, 1998. Project ‘‘A’’ IS NOT eligible for Development Areas’’ for use by political Area, only that part of the county (the the increase in basis otherwise accorded subdivisions of the States in allocating group of MCDs) not included in any a project in this location because the the LIHTC, as required by section 42 of MSA/PMSA is the Nonmetropolitan bonds were issued BEFORE December the Code, as amended. This notice Difficult Development Area. Affected 31, 1997. places no new requirements on the counties are assigned the indicator (Case B) Project ‘‘B’’ is located in a States, their political subdivisions, or ‘‘(part)’’ in the list of Nonmetropolitan newly-designated 1998 Difficult the applicants for the credit. This notice Difficult Development Areas. Development Area. Project ‘‘B’’ is also details the technical methodology For the convenience of readers of this placed in service November 15, 1997. used in making such designations. The bonds which will support the Notice, the geographic definitions of Executive Order 12612, Federalism designated Metropolitan Difficult permanent financing of Project ‘‘B’’ are Development Areas and the MCDs issued January 15, 1998. Project ‘‘B’’ IS The General Counsel, as the included in Nonmetropolitan Difficult NOT eligible for the increase in basis Designated Official under section 6(a) of Development Areas in the New England otherwise accorded a project in this Executive Order 12612, Federalism, has states are included in the list of Difficult location because the project was placed determined that the policies contained Development Areas. in service BEFORE December 31, 1997. in this notice will not have any (Case C) Project ‘‘C’’ is located in an Future Designations substantial direct effects on States or area which is a Difficult Development their political subdivisions, or the Difficult Development Areas are Area in 1998, but IS NOT a Difficult relationship between the Federal designated annually as updated income Development Area in 1999. Bonds are government and the States, or on the and FMR data become available. issued for Project ‘‘C’’ on October 30, distribution of power and Qualified Census Tracts will not be 1998, but Project ‘‘C’’ is not placed in responsibilities among the various redesignated until data from the 2000 service until March 30, 1999. Project levels of government. As a result, the census become available. ‘‘C’’ is eligible for the increase in basis notice is not subject to review under the available to projects located in 1998 Effective Date order. The notice merely designates Difficult Development Areas because ‘‘Difficult Development Areas’’ for the The list of Difficult Development both events (bonds issued and project use by political subdivisions of the Areas is effective for allocations of placed in service) have occurred AFTER States in allocating the LIHTC, as credit made after December 31, 1997. In December 31, 1997. required under section 42 of the Internal the case of a building described in Other Matters Revenue Code, as amended. The notice Internal Revenue Code section also details the technical methodology 42(h)(4)(B), the list is effective if the Environmental Impact used in making such designations. bonds are issued and the building is In accordance with 40 CFR 1508.4 of Dated: October 14, 1997. placed in service after December 31, the CEQ regulations and 24 CFR 50.20 Andrew M. Cuomo, 1997. The corrected designations of of the HUD regulations, the policies and Qualified Census Tracts published May actions in this notice are determined not Secretary. 1, 1995, at 60 FR 21246 remain in effect. to have the potential of having a BILLING CODE 4210±32±P Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54735 54736 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54737 54738 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54739 54740 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices 54741 54742 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Notices

[FR Doc. 97–27769 Filed 10–20–97; 8:45 am] BILLING CODE 4210±32±C federal register October 21,1997 Tuesday Proposed Rules District ofColumbiaBanks;Finaland Assessment ofFees;NationalBanks; 12 CFRPart8 Office oftheComptrollerCurrency Treasury Department ofthe Part IV 54743 54744 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

DEPARTMENT OF THE TREASURY investigations. That rule was adopted in (1996 Interim Rule). The 1996 Interim response to changes to 12 U.S.C. 482 Rule amended part 8 by adding Office of the Comptroller of the made by the Federal Deposit Insurance § 8.2(a)(6), which provides that the OCC Currency Corporation Improvement Act of 1991 will reduce the assessments for non-lead (FDICIA) which, among other things, banks by a percentage that is to be 12 CFR Part 8 removed the specific requirement for a specified in the Notice of Comptroller of [Docket No. 97±21] fee adequate to recover expenses of the Currency Fees. In that rule, the OCC examinations of fiduciary activities. In defined a ‘‘non-lead bank’’ as a national RIN 1557±AB60 place of that requirement, FDICIA bank that is not the lead bank in a bank authorized the OCC to impose and holding company that owns more than Assessment of Fees; National Banks; collect assessments, fees, and other one national bank, and defined ‘‘lead District of Columbia Banks charges as necessary or appropriate to bank’’ as the largest national bank AGENCY: Office of the Comptroller of the carry out its responsibilities, and gave controlled by a bank holding company, Currency, Treasury. the agency increased flexibility to set based on a comparison of total assets the assessments, fees, and charges to held by each national bank as reported ACTION: Final rule. meet its expenses. in each bank’s Consolidated Report of SUMMARY: The OCC is finalizing, with The OCC exercised this flexibility by Condition and Income filed for the slight modifications, changes made by removing the specific formula for quarter immediately preceding the two previous interim rules with request calculating fees that formerly appeared payment of a semiannual assessment. for comments. The first interim rule in 12 CFR 8.6. As noted in the preamble The OCC defined ‘‘bank holding removed the specific calculation of fees to the 1994 Interim Rule, the specific fee company’’ by adopting the definition of for examinations of fiduciary activities, structure reflected an outdated view of that term used in section 2 of the Bank special examinations and investigations, fiduciary activities as special and Holding Company Act of 1956 (BHC examinations of affiliates, and separate from other bank operations. Act) (12 U.S.C. 1841(a)(1)). examinations and investigations of The OCC stated in revised § 8.6 that it The 1996 Interim Rule also removed corporate activities (collectively, trust would assess a fee for examining the provisions in part 8 prohibiting the and other examinations and fiduciary activities and for conducting proration of assessments. Prior to investigations). The second interim rule special examinations and investigations, adoption of that rule, part 8 provided authorized the OCC to reduce and that it would publish a fee schedule that each bank and Federal branch or assessments on national banks that are for these examinations and agency subject to the OCC’s jurisdiction not the largest national bank in a bank investigations in the Notice of must pay the full amount of its holding company (referred to as non- Comptroller of the Currency Fees assessment for the next six-month lead banks). These changes have described in § 8.8. These changes were period, ‘‘without proration for any reason.’’ See former 12 CFR 8.2 (a)(5) resulted in assessment revenue that immediately effective, but the OCC also sought the views of interested parties. and (b). This prohibition is inconsistent more accurately reflects the expenses The OCC received two comments in with a reduction in non-lead banks’ incurred by the OCC as it supervises response to this request for comments. assessments, because the reduction is banks according to the OCC’s Both commenters supported the interim effectively a proration of these banks’ Supervision by Risk Program. rule, noting that the changes will result assessments. Accordingly, the OCC EFFECTIVE DATE: October 21, 1997. in substantial savings for national removed the prohibition against FOR FURTHER INFORMATION CONTACT: Roy banks. One of the commenters requested prorations. Madsen, Deputy Chief Financial Officer, that the OCC seek additional comments The OCC received two comments in Financial Review, Policy and Analysis, when and if the agency intends to response to the 1996 Interim Rule, both (202) 874–5130; or Mark Tenhundfeld, increase fees for fiduciary examinations of which supported the changes. Assistant Director, Legislative and and investigations or intends to impose However, one commenter expressed its Regulatory Activities Division, (202) a separate trust assessment. concern that the discount could unfairly 874–5090, Office of the Comptroller of In light of the comments received, the benefit larger banks, which, in the the Currency, Washington, D.C. 20219. OCC is issuing this final rule that adopts commenter’s view, tend to be structured the changes set out in the 1994 Interim in multi-bank holding companies more SUPPLEMENTARY INFORMATION: Rule. In response to the commenter often than are smaller banks. The OCC Interim Rules and Comments Received 1 concerned about the possibility of future notes that the discount applies equally increases or separate assessments for to all banks, regardless of size, that are 1994 Interim Rule Regarding Fees for trust examinations, the OCC notes that non-lead banks in a bank holding Trust and Other Examinations and it will seek comment before it changes company, and, in fact, many community Investigations the manner in which it imposes fees for banks have benefitted from the Interim The OCC issued an interim rule on fiduciary examinations and Rule. November 18, 1994 (59 FR 59640) (1994 investigations. While the specific The other commenter, which owns Interim Rule) that removed specific fees amount of assessments may change from several national banks that are credit for trust and other examinations and one assessment to the next as reflected card banks, suggested that the rule be in the Notice of Comptroller of the further amended to cover institutions 1 Elsewhere in this issue of the Federal Register Currency Fees, the OCC will continue to that are chartered and supervised by the the OCC is soliciting comments on, among other OCC as national banks but that are things, a proposed change to part 8 that would calculate the assessment according to impose a 25 percent surcharge on national banks the method provided in part 8. excluded from the definition of ‘‘bank’’ that receive a rating of 3, 4, or 5 under the Uniform under section 2(c)(2)(F) of the BHC Act Financial Institutions Rating System (the CAMELS 1996 Interim Rule Regarding Discounts (12 U.S.C. 1841(c)(2)(F)). This rating) and on Federal branches and agencies of for Non-Lead Banks commenter noted that the 1996 Interim foreign banks that receive a rating of 3, 4, or 5 under the ROCA rating system (which rates risk On December 2, 1996, the OCC Rule, by adopting the definition of management, operational controls, compliance, and published another interim rule with ‘‘bank holding company’’ used in the asset quality). request for comments (61 FR 64000) BHC Act, technically precludes non- Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54745 lead banks from receiving an assessment assessment obligations that otherwise or more in any one year. If a budgetary reduction if the institutions are not would apply to non-lead entities. impact statement is required, section ‘‘banks’’ under the BHC Act, because Accordingly, the rule may be 205 of the Unfunded Mandates Act also their holding companies then are not immediately effective under 5 U.S.C. requires an agency to identify and ‘‘bank holding companies’’ under the 553(d)(1). There also is good cause to consider a reasonable number of BHC Act. The commenter opined that dispense with a delayed effective date regulatory alternatives before the same economies of scale are realized under 5 U.S.C. 553(d)(3), namely, that promulgating a rule. The OCC has when supervising non-lead credit card the rule needs to be effective in time to determined that the final rule will not banks, and requested that the OCC ensure that reductions will be reflected result in expenditures by State, local, clarify that the assessment reduction in the Notice of Comptroller of the and tribal governments, or by the applies to all non-lead national banks, Currency Fees that will be mailed in private sector, of $100 million or more regardless of whether the parent is a early December to all national banks in any one year. Accordingly, the OCC ‘‘bank holding company’’ under the and Federal branches and agencies. The has not prepared a budgetary impact BHC Act. 2 OCC will continue to provide a statement or specifically addressed any The OCC agrees with this commenter. semiannual Assessment Notice to each regulatory alternatives. As discussed in The same economies realized when institution, and each national bank and the preamble, the final rule has the supervising non-lead banks owned by Federal branch or agency will continue effect of reducing the assessments and bank holding companies are available to have at least 30 days following fees paid by national banks. when supervising non-lead banks that receipt of a semiannual assessment List of Subjects in 12 CFR Part 8 would qualify for the reduction but for notice in which to pay the assessment. Assessments, Fees, National banks. the fact that the parent is not a ‘‘bank Regulatory Flexibility Act holding company’’ under the BHC Act. Authority and Issuance This conclusion also applies to non-lead Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 For the reasons set forth in the Federal branches and agencies of foreign preamble, part 8 of chapter I of title 12 banks, whose level of supervision, U.S.C. 605(b)), the regulatory flexibility analysis otherwise required under of the Code of Federal Regulations is enforcement, and licensing are amended as follows: increasingly tied to the condition of the section 604 of the RFA (5 U.S.C. 604) is not required if the agency certifies that foreign bank. Consistent with this PART 8ÐASSESSMENT OF FEES; conclusion, the OCC has issued letters the rule will not have a significant NATIONAL BANKS; DISTRICT OF in which the OCC applied the economic impact on a substantial COLUMBIA BANKS assessment reduction to (a) non-lead number of small entities and publishes banks owned by a company that is not its certification and a short, explanatory 1. The authority citation for part 8 is a ‘‘bank holding company’’ under the statement in the Federal Register along revised to read as follows: BHC Act and (b) non-lead Federal with its rule. Authority: 12 U.S.C. 93a, 481, 482, 3102, branches and agencies of a foreign bank. Pursuant to section 605(b) of the RFA, and 3108; 15 U.S.C. 78c and 78l; and 26 D.C. In light of the comments received, the the OCC hereby certifies that this final Code 102. OCC is adopting in final form the rule will not have a significant 2. The interim rule amending 12 CFR changes contained in the 1996 Interim economic impact on a substantial part 8 that was published at 59 FR Rule, as amended to reflect the number of small entities. The final rule 59640 on November 18, 1994 is adopted interpretations noted above. Consistent does not impose any new reporting or as a final rule without change. with these interpretations, the OCC is recordkeeping requirement. Moreover, 3. Section 8.2 is amended by revising amending § 8.2(a)(6)(ii) (A)–(C) so that to the extent that it has any impact on paragraphs (a)(6) and (b)(3) and adding ‘‘non-lead bank’’ includes a national national banks, the impact will be to paragraph (b)(4) to read as follows: bank that is not the largest national bank lower assessments for non-lead national § 8.2 Semiannual assessment. controlled by a company (as opposed to banks and non-lead Federal branches a bank holding company) and is and agencies of foreign banks and to (a) * * * (6)(i) Notwithstanding any other adopting a new § 8.2(b)(4) to apply the eliminate a separate assessment for trust provision of this part, the OCC may assessment reduction to non-lead and other examinations and reduce the semiannual assessment for Federal branches and agencies of foreign investigations. Accordingly, a regulatory each non-lead bank by a percentage that banks. Finally, the OCC also has flexibility analysis under section 604 of it will specify in the Notice of adopted a technical change to § 8.2(b)(3) the RFA is not required. Comptroller of the Currency Fees to use the term ‘‘Call Report’’ (in lieu of Executive Order 12866 described in § 8.8. ‘‘Report of Condition’’) that is used The OCC has determined that this (ii) For purposes of this paragraph elsewhere in part 8. final rule is not a significant regulatory (a)(6): Immediately Effective Rule action under Executive Order 12866. (A) Lead bank means the largest national bank controlled by a company, This final rule is effective upon Unfunded Mandates Reform Act of based on a comparison of the total assets publication in the Federal Register. The 1995 held by each national bank controlled OCC has determined that the rule may Section 202 of the Unfunded by that company as reported in each be immediately effective pursuant to 5 Mandates Reform Act of 1995, Pub. L. bank’s Call Report filed for the quarter U.S.C. 553(d) (1) and (3). By enabling 104–4 (2 U.S.C. 1532) (Unfunded immediately preceding the payment of a the OCC to reduce assessments, the Mandates Act), requires that an agency semiannual assessment. rulemaking will have the effect of prepare a budgetary impact statement (B) Non-lead bank means a national granting a partial exemption from the before promulgating any rule likely to bank that is not the lead bank controlled result in a Federal mandate that may by a company that controls two or more 2 The OCC received a similar request in connection with Federal branches and agencies of result in the expenditure by State, local, national banks. foreign banks, although the request was not and tribal governments, in the aggregate, (C) Control and company have the submitted in a comment to the 1996 interim rule. or by the private sector of $100 million same meanings as these terms have in 54746 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations sections 2(a)(2) and 2(b), respectively, of subject to the full assessment for the foreign bank as reported in each Federal the Bank Holding Company Act of 1956 next six month period. branch’s or agency’s Call Report filed for (12 U.S.C. 1841 (a)(2) and (b)). (4)(i) Notwithstanding any other the quarter immediately preceding the provision of this part, the OCC may (b) * * * payment of a semiannual assessment. reduce the semiannual assessment for (B) Non-lead Federal branch or (3) Each semiannual assessment of each non-lead Federal branch or agency agency means a Federal branch or each Federal branch or Federal agency by an amount that it will specify in the Federal agency that is not the lead is based upon the total assets shown in Notice of Comptroller of the Currency Federal branch or agency of a foreign the Call Report most recently preceding Fees described in § 8.8. bank that controls two or more Federal the payment date. The assessment shall (ii) For purposes of this paragraph branches or agencies. (b)(4): be computed in the manner and on the Dated: October 15, 1997. form provided by the OCC. Each Federal (A) Lead Federal branch or agency Eugene A. Ludwig, branch or Federal agency subject to the means the largest Federal branch or Comptroller of the Currency. jurisdiction of the OCC on the date of agency of a foreign bank, based on a [FR Doc. 97–27828 Filed 10–20–97; 8:45 am] the second and fourth Call Reports is comparison of the total assets held by each Federal branch or agency of that BILLING CODE 4810±33±P Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules 54747

DEPARTMENT OF THE TREASURY that supports the citizens, communities, equal to 25 percent of the amount of the and economy of the United States. The assessment that otherwise would be due Office of the Comptroller of the OCC funds the activities that further this from (a) national banks that receive a Currency mission by imposing assessments, fees, UFIRS rating (also referred to as a and other charges on banks within its CAMELS rating 4) of 3, 4, or 5 and (b) 12 CFR Part 8 jurisdiction, as necessary and Federal branches and agencies of foreign [Docket No. 97±20] appropriate to meet the OCC’s expenses, banks that receive a ROCA rating of 3, pursuant to 12 U.S.C. 482. 4, or 5. OCC cost data show that there RIN 1557±AB60 The OCC charges each national bank is a significant increase in supervision and Federal branch and agency a Assessment of Fees; National Banks; costs once an institution’s rating moves semiannual assessment according to a District of Columbia Banks from 2 to 3 and that these increased formula that is described in 12 CFR 8.2. costs continue while the bank is rated AGENCY: Office of the Comptroller of the In general, the OCC calculates the 3, 4, or 5. To reflect this increase in Currency, Treasury. semiannual assessment by using a costs of supervising a bank rated 3 or ACTION: Notice of proposed rulemaking. marginal rate that declines as an worse, the proposal uses a UFIRS or institution’s asset size grows. The OCC ROCA rating (as appropriate) of 3 as the SUMMARY: The Office of the Comptroller also reduces assessments charged to a threshold for applying the surcharge. of the Currency (OCC), in order to more ‘‘non-lead bank’’ (which, generally Using the most recently available data at accurately reflect the OCC’s costs of speaking, refers to a national bank that the time this proposed rule was supervising banks, is proposing to is not the largest national bank owned prepared, the surcharge would affect a amend its assessment regulation to by the same company 1) by a percentage total of approximately 85 national banks impose a surcharge on banks that determined in accordance with each and Federal branches and agencies of receive a rating of 3, 4, or 5 under the assessment. For example, the OCC foreign banks, resulting in an aggregate Uniform Financial Institutions Rating reduced the assessment for non-lead annual increase in assessments for these System (UFIRS) (also referred to as the national banks that was due January 31, banks of approximately $0.7 million. CAMELS rating) and on Federal 1997, by 12 percent.2 By linking assessments with the branches and agencies of foreign banks The marginal rate structure (which condition of the banks supervised, the that receive a rating of 3, 4, or 5 under applies a declining marginal rate as proposal ensures that a greater the ROCA rating system (which rates bank asset size grows) and the proportion of increased OCC costs risk management, operational controls, assessment reduction for non-lead attributable to banks whose condition compliance, and asset quality). This national banks reflect the OCC’s cost requires additional supervisory amendment will enable the OCC to savings resulting from the economies of resources is funded by those banks distribute more equitably the costs it scale realized in the examination and rather than by the national banking incurs when supervising institutions supervision of large institutions and system as a whole. If more banks were that are experiencing significant non-lead banks. However, the current rated 3, 4, or 5, the OCC would need problems. The OCC also is soliciting assessment regulation does not reflect additional and/or more specialized staff comments on the appropriate method of the increased costs that the OCC incurs to monitor the efforts of those banks to computing assessments for those banks when supervising a bank whose improve their condition. The proposal that own other banks. condition requires special attention. As expands or contracts assessment DATES: Comments must be received by a result, healthy banks subsidize banks revenue automatically in a way that November 20, 1997. that are experiencing significant responds to the changing demands on problems. The proposed imposition of a ADDRESSES: Comments should be the OCC. directed to, and may be inspected and surcharge on banks requiring additional The OCC considered the alternative of copied at: Communications Division, OCC resources, discussed in the section imposing a 50-percent surcharge on 5 However, OCC, 250 E Street, SW., Washington, that follows, addresses this concern. banks that are rated 4 or 5. a 50-percent surcharge on UFIRS or D.C. 20219, Attention: Docket No. 97– Discussion of the Proposal and Request ROCA 4-and 5-rated institutions would 20. In addition, comments may be sent for Comment not cover the increased costs of via FAX, at (202) 874–5274, or via Surcharge supervising all institutions rated 3, 4, or Internet at 5. As a result, institutions rated 3 would [email protected]. The proposal adds new paragraphs 3 be subsidized both by healthier banks FOR FURTHER INFORMATION CONTACT: Roy (a)(7) and (b)(5) to § 8.2, which provide that the OCC will impose a surcharge (who would, under the alternative Madsen, Deputy Chief Financial Officer, approach, be paying assessments at the Financial Review, Policy and Analysis, 1 same rate as 3-rated institutions even (202) 874–5130; or Mark Tenhundfeld, In a final rule published elsewhere in this issue of the Federal Register, the OCC has amended the though the healthier banks require less Assistant Director, Legislative and definition of ‘‘non-lead bank’’ to include a national supervision) and by banks in worse Regulatory Activities Division, (202) bank that is not the largest national bank controlled condition (who would be paying the 874–5090. by a company (as opposed to a bank holding company). assessment surcharge). SUPPLEMENTARY INFORMATION: 2 The OCC made this reduction pursuant to an The OCC seeks comment on the interim rule published on December 2, 1996 (61 FR approach set out in proposed Background 64000). In the final rule referred to in footnote 1 of paragraphs (a)(7) and (b)(5) of § 8.2. The The OCC charters, regulates, and this document, the OCC is adopting the changes set OCC also seeks comment on whether forth in that interim rule. The final rule also adopts supervises approximately 2,700 national the changes set forth in an interim rule published the ROCA rating is the appropriate banks and 64 Federal branches and in 1994 (59 FR 59640) concerning fees for agencies of foreign banks in the United examinations of fiduciary activities, special 4 CAMELS is an acronym that stands for capital, States, accounting for nearly 60 percent examinations and investigations, examinations of assets, management, earnings, liquidity, and affiliates, and examinations and investigations of sensitivity to market risk. of the nation’s banking assets. Its corporate activities. 5 This is the approach taken by the Office of Thrift mission is to ensure a safe, sound, and 3 In the final rule referred to in footnote 1, the Supervision in assessing savings institutions. See competitive National Banking System OCC added a new paragraph (b)(4) to § 8.2. 12 CFR 502.1. 54748 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules rating to use in imposing an assessment banks, Federal branches, and Federal assessments in the aggregate only by surcharge on Federal branches and agencies of all sizes that receive a UFIRS approximately $0.7 million. agencies, and, if not, whether some or ROCA rating of 3, 4, or 5 to pay an List of Subjects in 12 CFR Part 8 other rating or set of criteria would be assessment surcharge, this will not more appropriate. create a significant or disparate impact Assessments, Fees, National banks. on small institutions. The assessments Assessments of a Bank That Owns for the 58 national banks, Federal Authority and Issuance Another Bank branches, and Federal agencies with For the reasons set forth in the An issue has arisen concerning the total assets of under $100 million that preamble, part 8 of chapter I of title 12 proper method of calculating the currently are rated 3, 4, or 5 would of the Code of Federal Regulations is assessments of national banks that own increase, in the aggregate, by proposed to be amended as follows: other banks. This issue stems from a approximately $287,204 per year, or recent change in the Call Report approximately $4,952 per institution. PART 8ÐASSESSMENT OF FEES; instructions 6 pursuant to which the Accordingly, a regulatory flexibility NATIONAL BANKS; DISTRICT OF assets of a subsidiary bank are reported analysis under 603 of the RFA is not COLUMBIA BANKS on a consolidated basis in the Call required. Report of its parent bank. Given that the 1. The authority citation for part 8 subsidiary bank also is required to file Executive Order 12866 continues to read as follows: a Call Report, the current assessment The OCC has determined that this Authority: 12 U.S.C. 93a, 481, 482, 3102, regulation, which bases assessments on proposal is not a significant regulatory and 3108; 15 U.S.C. 78c and 78l; and 26 D.C. assets reported in a bank’s Call Report, action under Executive Order 12866. Code 102. has the unintended effect of double- Unfunded Mandates Reform Act of counting at least some of the assets of 2. Section 8.2 is amended by adding 1995 the subsidiary bank. new paragraphs (a)(7) and (b)(5) to read The OCC seeks comment on methods Section 202 of the Unfunded as follows: that commenters believe would be Mandates Reform Act of 1995, Pub. L. § 8.2 Semiannual assessment. appropriate for calculating, for 104–4 (2 U.S.C. 1532) (Unfunded assessment purposes, the assets of a Mandates Act), requires that an agency (a) * * * national bank that owns another bank. prepare a budgetary impact statement (7) The OCC shall adjust the before promulgating any rule likely to semiannual assessment computed in Regulatory Flexibility Act result in a Federal mandate that may accordance with paragraphs (a)(1) Pursuant to section 605(b) of the result in the expenditure by State, local, through (a)(6) of this section by Regulatory Flexibility Act (RFA) (5 and tribal governments, in the aggregate, multiplying that figure by 1.25 for each U.S.C. 605(b)), the regulatory flexibility or by the private sector of $100 million bank that receives a rating of 3, 4, or 5 analysis otherwise required under or more in any one year. If a budgetary under the Uniform Financial section 603 of the RFA (5 U.S.C. 603) is impact statement is required, section Institutions Rating System at its most not required if the agency certifies that 205 of the Unfunded Mandates Act also recent examination. the rule will not have a significant requires an agency to identify and (b) * * * economic impact on a substantial consider a reasonable number of (5) The OCC shall adjust the number of small entities and the agency regulatory alternatives before semiannual assessment computed in publishes that certification and a short, promulgating a rule. The OCC has accordance with paragraphs (b)(1) explanatory statement in the Federal determined that the proposed rule will through (b)(4) of this section by Register along with its notice of not result in expenditures by State, multiplying that figure by 1.25 for each proposed rulemaking. local, and tribal governments, or by the Federal branch or Federal agency that Pursuant to section 605(b) of the RFA, private sector, of $100 million or more receives a ROCA rating (which rates risk the OCC hereby certifies that this in any one year. Accordingly, the OCC management, operational controls, proposal will not have a significant has not prepared a budgetary impact compliance, and asset quality) of 3, 4, or economic impact on a substantial statement or specifically addressed any 5 at its most recent examination. number of small entities. The proposed regulatory alternatives. As discussed in rule does not impose any new reporting the preamble, the proposal, while Dated: October 15, 1997. or recordkeeping requirement. While increasing the annual assessments for Eugene A. Ludwig, the proposal would require national institutions receiving a UFIRS or ROCA Comptroller of the Currency. rating of 3, 4, or 5, will, in the current [FR Doc. 97–27829 Filed 10–20–97; 8:45 am] 6 See 62 FR 8078 (February 21, 1997). banking environment, increase BILLING CODE 4810±33±P federal register October 21,1997 Tuesday Products Week,1997 Proclamation 7042ÐNationalForest The President Part V 54749

54751

Federal Register Presidential Documents Vol. 62, No. 203

Tuesday, October 21, 1997

Title 3— Proclamation 7042 of October 17, 1997

The President National Forest Products Week, 1997

By the President of the United States of America

A Proclamation America’s forests are a precious resource, making numerous rich contribu- tions not only to the natural splendor of our Nation, but also to the well- being of our people. Whether part of the vast acreages that make up our industrial, State, and National forests or rural woodlots and urban forests, they offer us clean water and air, priceless wildlife habitat and fisheries, welcome settings for recreation, and breathtaking beauty. Our forests also provide us with more tangible products essential to everyday living: wood and paper products for our homes, schools, and offices, and even medicines and food. While the wood products we harvest from our forests can be so durable that they last for centuries, forest ecosystems themselves are very fragile. America’s growing population and urban expansion are putting ever-increas- ing demands on forest lands and resources. We must work together to devise imaginative forest management approaches that will allow us to pre- serve and cultivate healthy forest ecosystems, meet the need for forest prod- ucts, provide jobs for those who depend on forests for their livelihood, and continue to offer Americans enjoyable recreational opportunities. Fortunately, forest research is equipping us with vital knowledge that can help us to balance the many and varied demands on our woodlands. Thanks to such research, we are now using new products and innovative technologies and employing new recycling methods that not only extend the available supply of raw materials, but also help us to process those materials more efficiently and with fewer harmful by-products. This use of science to balance the needs of our people both for forest products and a healthy environment will help us to achieve our goal of sustainable forest management. All of us are indebted to past generations of Americans whose vision and generosity preserved so many of our Nation’s great forests for our use and pleasure. Now it falls to us to continue their wise stewardship so that we may pass on to future generations this priceless natural legacy. In recognition of the central role our forests play in the long-term welfare of our Nation, the Congress, by Public Law 86–753 (36 U.S.C. 163), has designated the week beginning on the third Sunday in October of each year as ‘‘National Forest Products Week’’ and has authorized and requested the President to issue a proclamation in observance of this week. 54752 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Presidential Documents

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 19 through October 25, 1997, as National Forest Products Week. I call upon all Americans to observe this week with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of October, in the year of our Lord nineteen hundred and ninety- seven, and of the Independence of the United States of America the two hundred and twenty-second. œ–

[FR Doc. 97–28081 Filed 10–20–97; 8:45 am] Billing code 3195–01–P federal register October 21,1997 Tuesday Counts Week,1997 Proclamation 7043ÐNationalCharacter The President Part VI 54753

54755

Federal Register Presidential Documents Vol. 62, No. 203

Tuesday, October 21, 1997

Title 3— Proclamation 7043 of October 17, 1997

The President National Character Counts Week, 1997

By the President of the United States of America

A Proclamation The roots of America’s greatness are embedded in the character of its citizens. From our Founders’ passion for justice and equality to the social conscious- ness and humanitarian spirit of today’s citizens, the character of our people has inspired the world. Undeniably, character does count for our citizens, our communities, and our Nation, and this week we celebrate the importance of character in our individual lives and in the life of our country. Instilling sound character in our children is essential to maintaining the strength of our Nation into the 21st century. The core ethical values of trustworthiness, fairness, responsibility, caring, respect, and citizenship form the foundation of our democracy, our economy, and our society. These qualities are not innate but learned, and we must ensure that we nurture them—both through our words and our example—in our Nation’s young people. More than any other institution, the family is the cradle of character, giving children their first crucial lessons in attitude and behavior. In today’s com- plex society, where children are subject to pressures and negative influences rarely experienced by earlier generations, parents face great challenges as they strive to impart to their children the values that will help them become caring and responsible members of society. My Administration has worked hard to give parents new tools to help them fulfill their important responsibilities. We worked to require V-chips on all new televisions to give parents greater control over what their children watch; we collaborated with the television industry to encourage the airing of more educational programming for children; and we negotiated a break- through agreement with the entertainment and broadcast industries to create a voluntary ratings system that will help parents identify programs containing material inappropriate for children. Our proposed funding for the Anti- Gang and Youth Violence Strategy will provide for after-school initiatives in communities across the country to help keep young people occupied in wholesome activities, off the streets, and out of trouble while their parents are at work. Schools also have an important role in educating our young people about the difference between right and wrong. My Administration has recognized this by creating partnerships with the States to help our schools do a better job of teaching character to America’s students. Our push for rigorous standards and our promise to open the doors of college to all students who work hard let students know that good character really does count and will be rewarded with expanded opportunity. We also should encourage and commend the schools across our country that have begun to incorporate volunteer service as a curriculum requirement, teaching students the impor- tant life lessons of sharing, compassion, and civic responsibility. 54756 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Presidential Documents

Developing strong values in America’s children requires the participation of all our people. As we observe this special week, I ask that all Americans demonstrate in their personal and public lives, and teach actively to our country’s children, the high ethical standards that are essential to good character and to the continued success of our Nation. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 19 through October 25, 1997, as National Character Counts Week. I call upon the people of the United States, government officials, educators, religious, community, and business leaders, and the States to commemorate this week with appro- priate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of October, in the year of our Lord nineteen hundred and ninety- seven, and of the Independence of the United States of America the two hundred and twenty-second. œ–

[FR Doc. 97–28090 Filed 10–20–97; 10:38 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 62, No. 203 Tuesday, October 21, 1997

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 E-mail [email protected] the revision date of each title. 13010 (Amended by Laws 3 CFR EO 13064)...... 53711 For additional information 523±5227 Proclamations: 13015 (Revoked by 7029...... 52005 Presidential Documents EO 13062)...... 51755 7030...... 52007 13038 (Amended in Executive orders and proclamations 523±5227 7032...... 52471 part by EO The United States Government Manual 523±5227 7033...... 52473 13062) ...... 51755 7034...... 52645 13054 (Amended in 7035...... 53525 Other Services part by EO 7036...... 53527 13062) ...... 51755 523±4534 Electronic and on-line services (voice) 7037...... 53529 13062...... 51755 Privacy Act Compilation 523±3187 7038...... 53695 13063...... 51755 TDD for the hearing impaired 523±5229 7039...... 53697 13064...... 53711 7040...... 53701 Administrative Orders: ELECTRONIC BULLETIN BOARD 7041...... 54335 Notices of September 7042...... 54751 30, 1997 ...... 51591 Free Electronic Bulletin Board service for Public Law numbers, 7043...... 54755 Notice of October 17, Federal Register finding aids, and list of documents on public Executive Orders: 1997 ...... 54561 inspection. 202±275±0920 March 21, 1914 Memorandums: PUBLIC LAWS ELECTRONIC NOTIFICATION SERVICE (Revoked in Part by August 5, 1997 ...... 51367 PLO 7288)...... 52767 Presidential Determinations: Free electronic mail notification of newly enacted Public Law is 6544 (Revoked in Part No. 97±33 of now available. To subscribe, send E-mail to [email protected] by PLO 7289)...... 52766 September 22, with the message: SUBSCRIBE PENS-L FIRSTNAME LASTNAME. 11145 (Continued by 1997 ...... 53217 FAX-ON-DEMAND EO 13062)...... 51755 No. 97±34 of 11183 (Continued by September 22, You may access our Fax-On-Demand service with a fax machine. EO 13062)...... 51755 1997 ...... 52009 There is no charge for the service except for long distance 11216 (Continued by No. 97±35 of telephone charges the user may incur. The list of documents on EO 13062)...... 51755 September 26, public inspection and the daily Federal Register’s table of 11287 (Continued by 1997 ...... 52647 contents are available. The document numbers are 7050-Public EO 13062)...... 51755 No. 97±36 of Inspection list and 7051-Table of Contents list. The public 12131 (Continued by September 30, inspection list is updated immediately for documents filed on an EO 13062)...... 51755 1997 ...... 52475 emergency basis. 12196 (Continued by No. 97±37 of NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON EO 13062)...... 51755 September 30, FILE. Documents on public inspection may be viewed and copied 12345 (Continued by 1997 ...... 53219 in our office located at 800 North Capitol Street, NW., Suite 700. EO 13062)...... 51755 No. 97±38 of The Fax-On-Demand telephone number is: 301±713±6905 12367 (Continued by September 30, EO 13062)...... 51755 1997 ...... 53221 12382 (Continued by No. 97±39 of FEDERAL REGISTER PAGES AND DATES, OCTOBER EO 13062)...... 51755 September 30, 12864 (Revoked by 51367±51592...... 1 1997 ...... 52477 EO 13062)...... 51755 No. 98±2 of October 9, 51593±51758...... 2 12871 (Continued by 1997 ...... 54569 51759±52004...... 3 EO 13062)...... 51755 52005±52224...... 6 12876 (Continued by 5 CFR 52225±52470...... 7 EO 13062)...... 51755 Ch. XXV...... 53713 52471±52652...... 8 12882 (Continued by 532...... 51759 52653±52928...... 9 EO 13062)...... 51755 870...... 52181 52929±53222...... 10 12891 (Revoked by 890...... 53223 53223±53528...... 14 EO 13062)...... 51755 900...... 53223 53529±53710...... 15 12900 (Continued by Proposed Rules: EO 13062)...... 51755 53711±53928...... 16 1303...... 52668 12905 ((Continued by 53929±54338...... 17 EO 13062)...... 51755 7 CFR 54339±54568...... 20 12946 (Revoked by 0...... 51759 54569±54756...... 21 EO 13062)...... 51755 17...... 52929 12964 (Revoked by 250...... 53727 EO 13062)...... 51755 251...... 53727 12974 (Superseded by 253...... 53727 EO 13062)...... 51755 301 ...... 53223, 54571, 54572 12994 (Continued by 401...... 54339 EO 13062)...... 51755 457...... 54339 ii Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Reader Aids

905...... 52011 54372, 54373, 54375, 54376, 510...... 52659 935...... 53232 982...... 53225 54378, 54575, 54577, 54579 600...... 52237, 53536 946...... 52181 1214...... 54310 71 ...... 52491, 53739, 53740, 601...... 53536 Proposed Rules: 1220...... 53731 53741, 53742, 53743, 53940, 606...... 53536 206...... 52518 1422...... 51760 53941, 53942, 53943, 53944, 1308 ...... 51370, 51774, 51776 250...... 51614 1437...... 53929 53945, 53946, 53948, 54379 1309 ...... 52253, 53958, 53959 901...... 53996 Proposed Rules: 73...... 52226, 53878 1310...... 52253, 53959 946...... 53275 Ch. XIII...... 53769 97 ...... 51597, 51598, 51600, 1313...... 52253 6...... 53580 53744, 53746, 53747, 53749, Proposed Rules: 31 CFR 58...... 53760 53750, 53751, 53753, 54581 101...... 52057 501...... 52493 300...... 53761 187...... 51736 161...... 52057 597...... 52493 319...... 53761 1203...... 54380 501...... 52057 Proposed Rules: 966...... 52047 Proposed Rules: 1240...... 54398 208...... 51618 980...... 52047 39 ...... 51383, 51385, 51386, 1300...... 52294, 53688 1214...... 54314 51388, 52051, 52053, 52055, 1309...... 52294, 53688 32 CFR 1980...... 52277 52294, 53269, 53272, 53976, 1310 ...... 52294, 53059, 53688 199...... 54383 53977, 53979, 54595 8 CFR 71 ...... 53979, 53980, 53981, 23 CFR 33 CFR 213a...... 54346 53982, 53983, 53984, 53985, Proposed Rules: 100...... 52501 240...... 51760 53986, 53987, 53989, 53990, 655...... 54598 117 ...... 52502, 52946, 54384 274a...... 52620 53991, 53992, 53993, 53995 165 ...... 51778, 51779, 51780, 299...... 54346 93...... 51564 24 CFR 51781 15 CFR 3280...... 54546 187...... 54385 9 CFR Proposed Rules: 334...... 53754 400...... 53534 78...... 53531 1000...... 54399 Proposed Rules: 94...... 54574 744...... 51369 1003...... 54399 117...... 53770 97...... 53732 922...... 54381 1005...... 54399 155...... 52057 Proposed Rules: 3500...... 53912 183...... 52673 10 CFR Ch. VII...... 52514 334...... 51618 Ch. 1 ...... 52184 700...... 51389 26 CFR 50...... 53932 806...... 52515 1 ...... 53384, 53367, 53498 36 CFR 430...... 51976, 53508 17 CFR 31 ...... 53384, 53367, 53498 1228...... 54582 820...... 52479 35a...... 53367 1234...... 54582 230...... 53948 Proposed Rules: 53...... 52256 Proposed Rules: 240...... 52229, 53948 32...... 51817 301 ...... 53230, 53384, 53367 13...... 54409 249...... 52229 35...... 52513, 43249 502...... 53367 270...... 51762 50...... 53250, 53975 503...... 53367 37 CFR 1703...... 54594 18 CFR 509...... 53367 1...... 53132 513...... 53367 3...... 53132 12 CFR Proposed Rules: 514...... 53367 388...... 51610 5...... 53132 8...... 54744 516...... 53367 7...... 53132 213...... 53733 19 CFR 517...... 53367 10...... 53132 520...... 53367 261...... 54356 4...... 51766 202...... 51603 521...... 53367 602...... 51593 10...... 51766 Proposed Rules: 602 ...... 53230, 53384, 53367 615...... 53227 11...... 51766 253...... 51618 650...... 51369 Proposed Rules: 12...... 51766, 51771 38 CFR 935...... 52011 18...... 51766 1 ...... 52953, 53503, 53504, Proposed Rules: 24...... 51766, 51774 53588 1...... 51782 8...... 54747 103...... 51766 25...... 53588 17...... 53960 303...... 52810 112...... 51766 301...... 53274 19...... 52502 329...... 53769 21...... 51783 122...... 51766 27 CFR 337...... 52810 127...... 51766 36...... 52503, 53963 341...... 52810 133...... 51766 Proposed Rules: Proposed Rules: 346...... 52810 141...... 51766 9...... 54399 47...... 52519 348...... 52810 143...... 51766 28 CFR 359...... 52810 148...... 51766 39 CFR 545...... 51817 151...... 51766 0...... 52492, 52493 111...... 51372, 53539 614...... 53581 152...... 51766 2...... 51601 616...... 53581 159...... 51766 58...... 51740 40 CFR 618...... 53581 171...... 51766 524...... 53690 9...... 52384, 54694 621...... 53581 177...... 51766 550...... 53690 52 ...... 51603, 52016, 52029, 933...... 53251 52622, 52659, 52661, 52946, 191...... 51766 29 CFR 935...... 53251 52948, 53234, 53239, 53242, 20 CFR 101...... 52381 53542, 53544, 54585, 54587 13 CFR 702...... 53955 102...... 52381 60 ...... 52384, 52622, 53245 Proposed Rules: 697...... 52944 61...... 53245 107...... 53253 21 CFR 4044...... 53538 62...... 54589 Ch. I ...... 51512 Proposed Rules: 63...... 52384 14 CFR 20...... 52237 1910 ...... 52671, 54160, 54382 80...... 54552 23...... 53733 177...... 53957 1917...... 52671 81...... 51604 25...... 53737 310...... 52237 1918...... 52671 86...... 54694 39 ...... 51593, 51594, 52225, 312...... 52237 112...... 54508 52486, 52489, 52653, 52655, 314...... 52237 30 CFR 131...... 52926, 53212 52942, 53532, 53935, 53937, 331...... 52659 210...... 52016 132...... 52922 53939, 54366, 54368, 54369, 436...... 52659 218...... 52016 170...... 52003, 53688 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Reader Aids iii

180...... 52505 Proposed Rules: 54...... 51622 107...... 51554 258...... 51606 4...... 51822 73 ...... 51824, 52677, 54006, 171...... 51554 264...... 52622 1820...... 51402 54007 172...... 51554 265...... 52622 74...... 52677 173...... 51554 271...... 52951 44 CFR 76...... 51824, 52677 175...... 51554 300...... 52032, 53246 64...... 54386 90...... 52078 176...... 51554 410...... 52034 65 ...... 51785, 51788, 54388, 177...... 51554 412...... 52034 54390 48 CFR 178...... 51554 721...... 51606 67...... 51791, 54392 16...... 51379 179...... 51554 Proposed Rules: 206...... 52952 36...... 51379 180...... 51554 52 ...... 52071, 52959, 53277, Proposed Rules: 37...... 51379 195...... 52511, 54591 53588, 53589, 53997, 54409, 61...... 52304, 53589 52...... 51379 541...... 52044 54598, 54601 67...... 51822, 54410 901...... 53754 571...... 51379 62...... 54598 903...... 53754 593...... 52266 45 CFR 63...... 54410 904...... 53754 1241...... 51379 81...... 52071, 52674 74...... 51377 912...... 53754 Proposed Rules: 136...... 51621 Proposed Rules: 913...... 53754 192...... 51624 170...... 51994 303...... 52306 915...... 53754 180...... 51397 916...... 53754 50 CFR 46 CFR 300 ...... 52072, 52074, 52674, 932...... 53754 229...... 51805 52961 586...... 54396 933...... 53754 285 ...... 51608, 52666, 53247, 745...... 51622 Proposed Rules: 939...... 53754 53577 25...... 52057 944...... 53754 622...... 52045 42 CFR 27...... 52057 952...... 51800 648 ...... 51380, 52273, 52275 970...... 51800, 53754 51...... 53548 32...... 52057 660 ...... 51381, 51814, 53577 1401...... 52265 57...... 51373 679 ...... 51609, 52046, 52275, 47 CFR 1425...... 52265 418...... 52034 53577, 53973, 54397, 54592 1452...... 52265 433...... 53571 0...... 51795, 52257 Proposed Rules: 1...... 51377 Proposed Rules: Proposed Rules: 17 ...... 52679, 54018, 54020, 25...... 51378 203...... 51623 84...... 53998 54028 43...... 51378 216...... 54008 32...... 53773 61...... 51377 245...... 54008 227...... 54018 43 CFR 63...... 51377 252 ...... 51623, 54008, 54017 285...... 54035 20...... 53713 73 ...... 51798, 51799, 53973 426...... 52081 622...... 53278 36...... 52509 76...... 52952, 53572 452...... 52081 630...... 54035 2090...... 51375, 52034 90...... 52036 642...... 53281 2110...... 52034 Proposed Rules: 49 CFR 644...... 54035 2230...... 52034 15...... 52677 1...... 51804 648...... 53589, 54427 5510...... 51376 20...... 53772 10...... 51804 678...... 54035 iv Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Reader Aids

REMINDERS Schedules; published 8- Independent government Fish and wildlife taking; The items in this list were 22-97 construction estimates; comments due by 10-24- editorially compiled as an aid Automatic data processing published 8-22-97 97; published 7-25-97 to Federal Register users. equipment leasing costs; Irrevocable letters of credit AGRICULTURE Inclusion or exclusion from published 8-22-97 and alternatives to Miller DEPARTMENT this list has no legal Business process Act bonds; published 8- Food Safety and Inspection significance. innovation; published 8- 22-97 Service 22-97 Local government lobbying Meat and poultry inspection: Contract cost principles and costs; published 8-22-97 RULES GOING INTO proceduresÐ Sanitation requirements; Minority small business and establishment; comments EFFECT OCTOBER 21, Foreign differential pay; capital ownership 1997 due by 10-24-97; published 8-22-97 development program; published 8-25-97 Economically disadvantaged published 8-22-97 AGRICULTURE DEFENSE DEPARTMENT individuals; published 8- Modification of existing DEPARTMENT Federal Acquisition Regulation 22-97 contracts; published 8-22- (FAR): Environmentally sound 97 Rural Housing Service ADP/telecommunications products; published 8-22- New certifications; published Federal Agriculture Federal Supply 97 8-22-97 Improvement and Reform Act of 1996; implementation: Schedules; published 8- Independent government Service contracting; 22-97 construction estimates; published 8-22-97 Inventory property published 8-22-97 management provisions; Automatic data processing Walsh-Healey Public comments due by 10-20- equipment leasing costs; Irrevocable letters of credit Contracts Act; contractor 97; published 8-21-97 published 8-22-97 and alternatives to Miller qualifications; Business process Act bonds; published 8- manufacturer or regular COMMERCE DEPARTMENT innovation; published 8- 22-97 dealer requirement National Oceanic and 22-97 Local government lobbying eliminated; published 8- Atmospheric Administration Contract cost principles and costs; published 8-22-97 22-97 Fishery conservation and proceduresÐ Minority small business and Year 2000 compliance; management: capital ownership Foreign differential pay; published 8-22-97 Alaska; fisheries of development program; published 8-22-97 TRANSPORTATION Exclusive Economic published 8-22-97 Economically disadvantaged DEPARTMENT ZoneÐ Modification of existing individuals; published 8- Federal Aviation Bering Sea and Aleutian 22-97 contracts; published 8-22- 97 Administration Islands groundfish; Environmentally sound comments due by 10- New certifications; published Airworthiness directives: products; published 8-22- 20-97; published 9-19- 8-22-97 Bombardier; published 9-16- 97 97 Service contracting; 97 Independent government Pollock; comments due by published 8-22-97 TREASURY DEPARTMENT construction estimates; 10-22-97; published 10- published 8-22-97 Walsh-Healey Public Comptroller of the Currency 7-97 Contracts Act; contractor Irrevocable letters of credit Fees assessment; national Magnuson Act Provisions; qualifications; and alternatives to Miller and District of Columbia comments due by 10-22- manufacturer or regular Act bonds; published 8- banks; published 10-21-97 97; published 9-22-97 dealer requirement 22-97 eliminated; published 8- West Coast States and Local government lobbying 22-97 COMMENTS DUE NEXT Western Pacific costs; published 8-22-97 Year 2000 compliance; WEEK fisheriesÐ Minority small business and published 8-22-97 Canary and yellowtail capital ownership NATIONAL AERONAUTICS AGRICULTURE rockfish et al.; development program; AND SPACE DEPARTMENT comments due by 10- published 8-22-97 20-97; published 10-3- ADMINISTRATION Animal and Plant Health 97 Modification of existing Federal Acquisition Regulation Inspection Service contracts; published 8-22- Pacific Coast groundfish; (FAR): Plant-related quarantine, 97 comments due by 10- ADP/telecommunications domestic: New certifications; published 21-97; published 10-15- Federal Supply Mexican fruit fly; comments 8-22-97 97 Schedules; published 8- due by 10-20-97; Service contracting; 22-97 published 8-20-97 DEFENSE DEPARTMENT published 8-22-97 Acquisition regulations: Automatic data processing AGRICULTURE Walsh-Healey Public equipment leasing costs; DEPARTMENT Contractor insurance/pension Contracts Act; contractor published 8-22-97 reviews; comments due qualifications; Federal Crop Insurance Business process Corporation by 10-20-97; published 8- manufacturer or regular innovation; published 8- 20-97 dealer requirement Crop insurance regulations: 22-97 Cost reimbursement rules eliminated; published 8- Contract cost principles and Canola and rapeseed; for indirect costs; private 22-97 proceduresÐ comments due by 10-20- sector; comments due by 97; published 9-18-97 Year 2000 compliance; Foreign differential pay; 10-20-97; published 8-20- published 8-22-97 published 8-22-97 AGRICULTURE 97 GENERAL SERVICES Economically disadvantaged DEPARTMENT Single Process Initiative; ADMINISTRATION individuals; published 8- Forest Service supplement; comments Federal Acquisition Regulation 22-97 Alaska National Interest Lands due by 10-20-97; (FAR): Environmentally sound Conservation Act; Title VIII published 8-20-97 ADP/telecommunications products; published 8-22- implementation (subsistence Federal Acquisition Regulation Federal Supply 97 priority): (FAR): Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Reader Aids v

Certificates of competency; comments due by 10-21- Home investment due by 10-24-97; comments due by 10-21- 97; published 8-22-97 partnerships program; published 8-25-97 97; published 8-22-97 Coat protein of papaya streamlining and market Practice and procedures: Nondisplacement of qualified ringspot virus, etc.; interest rate formula Claims settlement workers under certain comments due by 10-21- establishment for procedures; comments contracts; comments due 97; published 8-22-97 rehabilitation loans; due by 10-24-97; by 10-21-97; published 8- Coat proteins of watermelon comments due by 10-21- published 8-25-97 22-97 mosaic virus-2 and 97; published 8-22-97 POSTAL SERVICE ENVIRONMENTAL zucchini yellow mosaic INTERIOR DEPARTMENT International Mail Manual: PROTECTION AGENCY virus, etc.; comments due Fish and Wildlife Service Air programs: by 10-21-97; published 8- Global package link (GPL) 22-97 Alaska National Interest Lands serviceÐ Ambient air quality Conservation Act; Title VIII Pyridate; comments due by Hong Kong; comments standards, nationalÐ implementation (subsistence 10-21-97; published 8-22- due by 10-24-97; Regional haze standards priority): 97 for class I Federal published 9-24-97 Sethoxydim; comments due Fish and wildlife taking; areas (large national comments due by 10-24- RAILROAD RETIREMENT parks and wilderness by 10-21-97; published 8- BOARD 22-97 97; published 7-25-97 areas); visibility Railroad Retirement Act: Thiodicarb; comments due INTERIOR DEPARTMENT protection program; Disability determination by 10-21-97; published 8- Minerals Management comments due by 10- standards; comments due 22-97 Service 20-97; published 7-31- by 10-24-97; published 9- Superfund program: 97 Royalty management: 24-97 Air quality implementation National oil and hazardous Oil valuation; Federal leases TRANSPORTATION plans: substances contingency and Federal royalty oil DEPARTMENT Preparation, adoption, and planÐ sale; comments due by Federal Aviation submittalÐ National priorities list 10-22-97; published 9-22- Administration Motor vehicle inspection/ update; comments due 97 by 10-20-97; published Aircraft products and parts; maintenance program; INTERIOR DEPARTMENT tailpipe inspections; 8-21-97 certification procedures: Surface Mining Reclamation comments due by 10- FEDERAL Dragonfly model 333 and Enforcement Office 20-97; published 9-19- COMMUNICATIONS helicopter; primary 97 COMMISSION Permanent program and category aircraft Air quality implementation Radio stations; table of abandoned mine land airworthiness standards; plans; approval and assignments: reclamation plan comment request; promulgation; various Hawaii; comments due by submissions: comments due by 10-20- States: 10-20-97; published 9-9- Maryland; comments due by 97; published 9-19-97 Illinois; comments due by 97 10-20-97; published 9-19- Airworthiness directives: 10-20-97; published 9-9- Iowa; comments due by 10- 97 Boeing; comments due by 97 20-97; published 9-4-97 JUSTICE DEPARTMENT 10-20-97; published 8-20- Maine; comments due by Mississippi; comments due Prisons Bureau 97 10-23-97; published 9-23- by 10-20-97; published 9- Institutional management: Dornier; comments due by 97 4-97 10-20-97; published 9-22- Religious beliefs and South Dakota; comments 97 New York; comments due practices; comments due by 10-23-97; published 9- due by 10-20-97; McDonnell Douglas; published 9-4-97 by 10-21-97; published 8- 23-97 22-97 comments due by 10-20- Ohio; comments due by 10- Virginia; comments due by 97; published 8-20-97 22-97; published 9-22-97 10-20-97; published 9-4- NATIONAL AERONAUTICS AND SPACE Pratt & Whitney; comments Texas; comments due by 97 ADMINISTRATION due by 10-24-97; 10-20-97; published 9-19- FEDERAL HOUSING published 8-25-97 97 FINANCE BOARD Federal Acquisition Regulation (FAR): Raytheon; comments due by Virginia; comments due by Federal home loan bank 10-20-97; published 9-22- 10-20-97; published 9-19- system: Certificates of competency; 97 Membership eligibility comments due by 10-21- 97 Saab; comments due by 10- requirements; definition of 97; published 8-22-97 Air quality implementation 21-97; published 9-23-97 plans; √A√approval and State amended; Nondisplacement of qualified Twin Commander Aircraft promulgation; various comments due by 10-24- workers under certain Corp.; comments due by States; air quality planning 97; published 9-24-97 contracts; comments due 10-24-97; published 8-19- purposes; designation of GENERAL SERVICES by 10-21-97; published 8- 97 areas: ADMINISTRATION 22-97 Michigan; comments due by Federal Acquisition Regulation NUCLEAR REGULATORY TRANSPORTATION 10-20-97; published 9-18- (FAR): COMMISSION DEPARTMENT 97 Certificates of competency; Operators licenses: National Highway Traffic Safety Administration Pesticides; tolerances in food, comments due by 10-21- Initial examining animal feeds, and raw 97; published 8-22-97 examination; requirements; Motor vehicle safety agricultural commodities: Nondisplacement of qualified comments due by 10-21- standards: Avermectin; comments due workers under certain 97; published 8-7-97 Lamps, reflective devices, by 10-20-97; published 8- contracts; comments due and associated PERSONNEL MANAGEMENT 19-97 by 10-21-97; published 8- equipmentÐ OFFICE Chlorfenapyr; comments due 22-97 Motorcycle headlighting by 10-21-97; published 8- HOUSING AND URBAN Pay administration: systems; asymmetrical 22-97 DEVELOPMENT Fair Labor Standards ActÐ headlamp beams; Coat protein of cucumber DEPARTMENT Standardization and comments due by 10- mosaic virus, etc.; Federal regulatory reform: compliance; comments 24-97; published 9-9-97 vi Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Reader Aids

TRANSPORTATION merchandise handling by session of Congress which H.R. 2203/P.L. 105±62 DEPARTMENT stations; comments due have become Federal laws. It Research and Special by 10-20-97; published 8- may be used in conjunction Energy and Water Programs Administration 19-97 with ``P L U S'' (Public Laws Development Appropriations Act, 1998 (Oct. 13, 1997; 111 Drug and alcohol testing: Update Service) on 202±523± VETERANS AFFAIRS Stat. 1320) Substance abuse DEPARTMENT 6641. This list is also professional evaluation for Acquision regulations: available online at http:// Last List October 15, 1997 www.nara.gov/nara/fedreg/ drug use; comments due Commercial items; fedreg.html. by 10-20-97; published 8- comments due by 10-24- 20-97 97; published 8-25-97 The text of laws is not Hazardous materials: Vocational rehabilitation and published in the Federal Hazardous materials education: Register but may be ordered Public Laws Electronic transportationÐ Veterans educationÐ in ``slip law'' (individual Notification Service Oxidizers as cargo in Educational assistance; pamphlet) form from the passenger aircraft; Superintendent of Documents, prohibition; comments reduction in required reports; comments due U.S. Government Printing Free electronic mail due by 10-20-97; Office, Washington, DC 20402 published 8-20-97 by 10-20-97; published notification of newly enacted 9-18-97 (phone, 202±512±2470). The Public Laws is now available. TREASURY DEPARTMENT text will also be made To subscribe, send E-mail to Customs Service available on the Internet from [email protected] with the Centralized examination LIST OF PUBLIC LAWS GPO Access at http:// message: stations: www.access.gpo.gov/suÐdocs/. Export control laws; This is a continuing list of Some laws may not yet be SUBSCRIBE PENS-L exported and imported public bills from the current available. FIRSTNAME LASTNAME.